Legal

Terms of Service

Last updated: 31 May 2026

These terms govern your use of the talent and HR sourcing services provided by Daichi Talent & HR, a brand of Daichi Procurement Solutions ("Daichi", "we"). By submitting a requirement or engaging Daichi to source candidates, you ("Client") agree to be bound by these terms.

1. Nature of the service

Daichi is a talent sourcing facilitator. We identify, screen and present candidates against your stated requirement. The Client is responsible for the final hiring decision, the candidate's onboarding, the employment contract and any subsequent employer obligations including statutory deductions, NSSF, NHIF/SHIF, PAYE and workplace insurance. Daichi is not the employer of placed candidates unless explicitly contracted as an Employer-of-Record under a separate agreement.

2. No placement, no fee

Standard permanent and fixed-term placement fees are payable only on successful placement — defined as the candidate accepting a written offer and commencing work. For retained executive search assignments, a milestone fee structure agreed in writing applies. Fees are quoted exclusive of VAT, which is added at the prevailing Kenyan rate.

3. Replacement guarantee

For permanent placements, if within 30 calendar days from the candidate's start date the candidate voluntarily resigns or is terminated for cause (other than redundancy or material change to the role), Daichi will source a replacement candidate at no additional placement fee. Conditions:

  • The full original placement fee must have been paid in line with our payment terms.
  • The Client must notify Daichi in writing within 7 days of the candidate's departure.
  • The replacement is offered once per placed role and is non-transferable.
  • The guarantee does not apply where the role specification, salary or reporting line has changed materially.

4. Fee payment terms

Invoices are issued on the candidate's start date and are payable within 14 days. Late payment attracts interest at 2% per month or the maximum rate permitted by Kenyan law, whichever is lower. Withholding tax certificates must be supplied where deductions are made. Disputed invoice items must be raised in writing within 7 days of receipt.

5. Confidentiality of requirements

Daichi treats all role requirements, salary information and internal hiring context shared by the Client as strictly confidential. We disclose only the minimum information required to brief candidates and do not share Client identity to the market without express permission. Confidentiality survives termination of the engagement.

6. Candidate data handling

Daichi handles candidate personal data in line with our Privacy Policy and the Kenya Data Protection Act, 2019. Client agrees to process candidate data shared under this engagement strictly for assessment of the role in question and to delete or return unsuccessful candidate records on request.

7. Off-limits and direct approaches

For 12 months from the placement start date, the Client shall not directly recruit a Daichi-introduced candidate into any other role within the Client group without consulting Daichi. The standard placement fee applies to any such subsequent hire.

8. Limitation of liability

Daichi is liable only for losses arising from our negligence or wilful default and our aggregate liability is capped at the fees paid for the relevant engagement. We are not liable for indirect, consequential or reputational loss. Nothing in these terms excludes liability that cannot be excluded under Kenyan law.

9. Termination

Either party may terminate an engagement by 7 days' written notice. Fees due for placements made before the termination date remain payable. Confidentiality and off-limits clauses survive termination.

10. Governing law and disputes

These terms are governed by the laws of the Republic of Kenya. The parties shall attempt to resolve any dispute amicably; failing that, disputes shall be referred to the courts of Nairobi. Mediation under the Nairobi Centre for International Arbitration is encouraged before commencing proceedings.

11. Contact

Questions about these terms? Email talent@daichiprocurement.com or WhatsApp +254 700 000 000.

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