1. Introduction The Vodacom Foundation, a division of Vodacom (Pty) Ltd based at Vodacom Corporate Park, 082 Vodacom Boulevard, Vodavalley, Midrand, 1685 (“Vodacom”) is the benefactor of Vodacom Change the World programme (“Vodacom CtW”). Vodacom CtW is a volunteer programme that enables skilled South Africans to work at a Non Profit Organisation (“NPO”) of their choice, for one year and be paid for it. This document sets out the terms and conditions (“Terms and Conditions”) which will apply to all Applicants of the 2014/2015 Vodacom CtW programme. By submitting an application, the Applicant (“Applicant”) shall be deemed to have understood, agreed and accepted these Terms and Conditions, and be bound by them. The application process starts on 1 February 2014 and closes at 16h00 on 31 March 2014. Vodacom will not entertain any late applications and any incomplete or deficient applications will not be considered. No responsibility is accepted by Vodacom for late, lost or misdirected applications. Applications will not be returned and upon submission, become the property of Vodacom. Only one application is permitted per person. Current and previously selected NPOs and winners of CtW and Vodacom employees are eligible to enter. Applications are only open to SA permanent residents who are legally eligible to work in SA and are aged 18 years or over as at 31 March 2014. Vodacom may require proof that an Applicant is legally eligible to work in SA. If an Applicant at any time is found to be ineligible to work in SA, the Applicant may be excluded from the programme; It is the Applicants responsibility to approach a suitable NPO, agree on what the key deliverables will be for the Applicant’s intended deployment, as well as the proposed salary to be paid to the Applicant. Vodacom reserves the right to determine final salary to be paid to the successful Applicant. By applying, Applicants agree to submit any information and/or documentation and/or comply with a request to undergo statutory background, criminal and qualification checks. Applicants may be requested as part of the adjudication process to undergo competency tests. Vodacom’s decision on all matters pertaining to CtW is final and Vodacom will not enter into any correspondence of whatsoever nature once a decision has been made. 2. Judging and selection of applications Each application will be individually judged for its humanitarian and charitable merit, the practicability of implementation as determined by Vodacom or its agents and the skills the Applicant brings to the project. Applications where the focus will be on the Education, Health, Safety and Security or the use of Information Communication Technology (ICT) to solve social issues will have an advantage. The decisions of Vodacom, the panel of adjudicators and auditors in respect of all matters pertaining to the selection process are final and no correspondence will be entered into. NPOs may be visited at the discretion of Vodacom or its agents, prior to the final selection of the Applicant and the NPO. 3. Successful Applicant If successful, Applicants will be required to confirm in writing •that he/she accepts the offer and will start his/her project on 1 June 2014; •availability to attend the CtW induction and media launch in May 2014; •that by accepting an offer of employment he/she will not breach any existing contract or agreement with a former or current employer, partner or with any other person or entity; •that they have disclosed any and all previous criminal convictions; •he/she will enter into a 12 (twelve) month Fixed Term Contract of Employment with Vodacom’s appointed agency, which will include, amongst other requirements, some minimum terms and conditions of employment that will also apply between the NPO and the successful Applicant; •to keep the news of his/her participation in the CtW confidential until the media announcement in May 2014; •that he/she will be available to Vodacom for public relations purposes, media interviews and any other interviews Vodacom deems necessary. 4. Deployment Each successful Applicant will receive the opportunity to work in their agreed position with their NPO for a continuous fixed term of 12 (twelve) months subject to earlier termination for a fair reason and in terms of the Labour Relations Act (“LRA”), on a full time basis (“employment term”). Each successful Applicant will serve a probation period of 3 months from the commencement date of their Fixed Term Contract. The monthly salary of a successful Applicant will be finalised, in writing, prior to commencement of the programme. Vodacom’s appointed agency will assist the Applicant and the chosen NPO with all administrative matters relating to employment, among other, tax deduction and statutory contributions from the salary and payment to the relevant tax authority. (The successful Applicant shall be liable for any taxes payable in relation to any other income received by the successful Applicant in the same tax year). The NPO of the successful Applicant with be given a grant of seventy thousand rand (R70 000) towards the administration cost and any consumables and additional expenses incurred by the NPO for hosting the Applicant during the 12 (twelve) month placement. A further one hundred and twenty thousand rand (R120 000) will be made available by Vodacom through its appointed agency to be used jointly by the successful Applicant and NPO towards the implementation of the winning Applicant’s project objectives and goals at the NPO. The successful Applicant will be entitled to annual; sick; study and maternity leave as provided for in the Basic Conditions of Employment Act. 5. The successful Applicant’s responsibilities Each successful Applicant will be required to, and hereby agrees •To attend and participate in internal and external publicity activities and media (including television, radio and print) interviews as required by Vodacom or the NPO, from the date that he/she applies and is announced as a successful Applicant through to the expiry of the NPO employment term. Vodacom is not responsible for any additional expenses not agreed to which are incurred in attending any such interviews. •If, for any reason whatsoever, Vodacom or its appointed agency are not satisfied with a selected Applicants performance of duties as set out in these Terms and Conditions or in terms of the employment contract with the appointed agency, Vodacom and its agency in consultation with the NPO may, after due process has been followed as envisaged in the Fixed Term Agreement (“FTA”), terminate the employment of the Applicant. •Each successful Applicant is responsible for his/her own arrangements to notify his/her current employer (and/or educational institution, if relevant) and arranging the 12 (twelve) months leave (whether in the form of resignation from his/her usual employment or not) and neither Vodacom or its appointed agency nor the selected NPO accepts any liability for any damage or loss arising there from except for any liability. •Successful Applicants agree to abide by all Vodacom Health and Safety legislation and policies. •Successful Applicants agree to provide and participate in any surveys and reports as may be requested from time to time – some of which may take place after the completion of the Employment term. In terms of reporting, successful Applicants agree •The Applicants shall respect the intellectual property rights of third parties. Each Applicant hereby confirms and warrants that all reports will be entirely his/her own creation. The Applicant will ensure that they own all intellectual property right in the reports, including but not limited to all copyright. •The successful Applicant will have the right and authority to provide all of the reports to Vodacom and allow them to be used by Vodacom or any third party without the permission of any third party, and any use or reproduction of the reports will not infringe any third party rights, for example copyright and trademarks. •Any reports that they create will not be unlawful or objectionable in any way and that their reports will protect the integrity of the NPO and its beneficiaries. •By uploading reports, each Applicant unconditionally and irrevocably assigns all rights, title and interest in all copyright and all other intellectual property in the reports to Vodacom and waives all their rights to the reports. •Successful Applicants are encouraged to provide links to vodacomctw.co.za on their own social pages (eg. Facebook, Twitter, etc.) •Vodacom or Its appointed agency will monitor the material uploaded and reserve the right to edit or remove any material (including any reports) at Vodacom’s discretion at any time. 6. Publicity By applying to the programme, Applicants confirm that Vodacom, its agents and members of the Vodacom Group have the right to use each Applicants entry (including incomplete entries), updates and reports (including written, audio and visual forms) and any photos, videos or personal details and other publicity materials at its absolute discretion for promotional and reporting purposes related to the programme (including but not limited to placement on Vodacom websites and other social media platforms) without any compensation to the Applicant by Vodacom or its agents. By submitting an entry, each Applicant unconditionally and irrevocably assigns all rights; title and interest in all copyright and all other intellectual property in any material provided to Vodacom and waives all rights in any material provided to Vodacom and its agents. 7. Your personal information Vodacom will collect and process your personal information to conduct the programme and programme and it will be shared with Its appointed agency to the extent necessary for this purpose. Vodacom will not rent, sell, share or otherwise disclose your details or personal information to third parties so that they can carry out marketing campaigns. However, it may be necessary to share your personal information with third parties who are involved in the delivery of the CtW Programme. You agree to Vodacom and Its appointed agency contacting you by email, phone and fax when necessary. From time to time Vodacom may be obliged by law or order of the court to disclose your personal information to meet any legal or regulatory requirements or obligations. In such circumstances we will take all reasonable efforts to ensure that those requirements or obligations are in accordance with applicable law. Vodacom will store your information for as long as we are legally required to. If there is no legal requirements, Vodacom will only store the collected information for as long as Vodacom needs it. 8. The successful NPO The 20 (twenty) host NPOs of the successful Applicants will be required to enter into a “Vodacom Change the World” Grant Agreement with the Vodacom Foundation. Vodacom will provide the NPO with a grant of seventy thousand rand (R70 000) towards the administration cost and any consumables and additional expenses incurred by the NPO for hosting a volunteer during the 12 month placement. A further one hundred and twenty thousand rand (R120 000) will be made available by Vodacom through Its appointed agency to be used jointly by the successful Applicant and NPO towards the implementation of the Applicants agreed project objectives and goals at the NPO. This may, if applicable, include costs of relocation of a successful Applicant of up to R10 000 for the placement period and if applicable, monthly rent of up to R5 000 (where the Applicant’s primary residence is located more than 150km from the NPO and temporary accommodation closer to the NPO is requested.) Except as expressly stated in these Terms and Conditions, Vodacom shall not be responsible for any expenses that Applicants incur to enter CtW or, if successful, their placement with their NPO. 9. General Notwithstanding these Terms and Conditions, if a successful Applicant is unable or unwilling to participate for the full 12 (twelve) month period of the employment term or if the successful Applicant participates for only part of the Employment Term with a NPO, or if the successful Applicant otherwise fails to comply with the terms of this agreement, Vodacom and Its appointed agency may withhold all or a pro rata portion, whichever is applicable, of the monthly salary. Accordingly, the successful Applicant shall not be entitled to payment. The employment contract with Its appointed agency will contain provisions relating to withholding of payment in these circumstances. A court order may also be sought to enforce such provisions in terms of the employment contract. Neither Vodacom, its agents nor the NPO accepts any responsibility for a successful Applicant securing future employment of any nature. Vodacom may modify, terminate or suspend the CtW programme in whole or part, at its sole discretion. Any illegible, incomplete or fraudulent applications (in Vodacom or Its appointed agency’s reasonable opinion) will be rejected. Any Applicant who attempts to enter the programme in a manner which, contrary to these Terms and Conditions or by its nature is unjust to other entrants (including but not limited to tampering with the operation of the programme’s competition, cheating, hacking, deception or any other unfair practises such as intending to annoy, abuse, threaten, or harass any other Applicants or Vodacom and/or its agents or representatives or the host NPOs and its beneficiaries) may be rejected from the programme at Vodacom’s reasonable discretion. Where such actions have significantly impaired the programme, Vodacom may, at its reasonable discretion add further stages to the competition or programme to resolve any problems arising as a result of such actions and ensure the selection process remains fair and transparent to all Applicants. Where Vodacom deems it necessary or desirable to do so in the interest of the programme, it may at its reasonable discretion alter any of the dates specified in these Terms and Conditions. Applicants agree to release and hold Vodacom, its Foundation, agents, Vodacom (Pty) Ltd and Group, its subsidiary and affiliated companies, together with their respective employees, officers, directors, agents and representatives, harmless from any and all losses, damages, rights, claims and actions of any kind with participating in the programme or resulting from their acceptance of a place on the programme, provided that nothing in these Terms and Conditions will in any way limit any party’s liability for death or personal injury caused by its negligence or for any matter where liability cannot be limited or excluded. Notwithstanding any other provision of these terms and conditions, neither Vodacom nor Its appointed agency shall be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury that is suffered or sustained as a result of participating in this application process or as a result of a successful applicants employment with a NPO, except for any liability that cannot be excluded by law. Promotional materials relating to the programme form part of these Terms and Conditions. In the event of any conflict between terms referred to in such promotional materials and these Terms and Conditions, these Terms and Conditions take precedence. Vodacoms financial support is not transferable, exchangeable or redeemable for cash. Except as expressly stated in these Terms and Conditions, Vodacom shall not be responsible for any other expenses that applicants incur as part of the programme or, if successful, their placement with the NPO. These Terms and Conditions shall be subject to South African law and governed by the exclusive jurisdiction of South African courts.
Posted on: Fri, 14 Mar 2014 08:11:42 +0000
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