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Terms and Conditions of Childcare Placement Services

Placement Terms & Conditions

1. Engagement of Services

  1. You hereby request services from Sitters4U to procure placement services on the terms set out below.
  2. In this document ,“The Agency” shall mean Sitters4U. The “Client” shall mean you, the party using The Agencies services to procure a Au pair or other care giver.

2.    Service

  1. No service will be rendered without proof of payment.
  2. The Client declares that the Client is not an agency and is using this service in a personal capacity only.
  3. The Client is solely responsible for the Clients own interactions with Candidates.
  4. The Client shall be responsible for the provision and accuracy of any information necessary for Sitters4U to perform the Service. 
  5. The Client is under no obligation to employ any Candidate interviewed through Sitters4U.
  6. Should the Client request the services of a Candidate, the Client must inform the Agency immediately.
  7. The Client shall keep all Candidates’ details strictly confidential.
  8. Sitters4U shall keep the Clients details strictly confidential except where details are required to be passed to Candidates for the purpose of interviews.
  9. The Client must sign a Contract of Employment with the Candidate (In accordance with the Labour Relations Act and with the 1997 Basic Conditions of Employment Act.)
  10. The Client must register the Candidate with the relevant authorities for the purpose of payments of UIF and Tax payments in the case of long term placements.
  11. The Client must send a copy of the Contract of Employment to The Agency  before a  Candidate, referred by the Agency or through a Third party who has referred a Candidate they have met through Sitters4U, commences work for them.
  12. The Agency reserves the right to vary these Terms & Conditions at any time in order to comply with legislative requirements or changes in Agencies pricing or policies. Please visit www.sitters4u.co.za to ascertain our latest Terms & Conditions.
  13. The Agency reserves the right to make changes to the Service as deemed necessary or desirable.

3.    Registration

  1. A  registration fee of R 500.00 (ZAR) must be paid in order to in order to initiate services with Sitters4U for either long or short term placement service assistance.
  2. The registration fee is due on confirmation that you either verbally, in writing or otherwise, would like to go ahead in initialising a search with our candidates to gauge their interest in the position you are offering.This task will be performed with the intention of receiving applications for the position offered; by Candidates, most closely matching the Clients requirements.
  3. No service will take place until proof of payment of the registration fee has been received. In lieu of such payment, if the Client decides to cancel after providing permission to register the position either verbally, in writing or otherwise, payment of the registration fee will be due immediately.
  4. The registration fee is valid for the placement of the original enquiry only.
  5. Should changes be submitted after registration has taken place, the position will need to be re-evaluated and re-registered.
  6. The registration fee registers the Client for a maximum period of 90 days or per position offered or per candidate to be placed or the provision of up to a maximum of 3 interviews per registration fee paid, whichever comes first.
  7. The registration fee is non-refundable.
  8. The registration fee is valid for the placement of the original enquiry only. Should changes be submitted after registration has taken place, the position will need to be re evaluated and re-registered.
  9. Should the registration expire, the client may request to re-register.

4.    Placement

  1. The Client agrees that placement will not take place until the placement fee has been paid.

4.1. Long Term Placement

  1. Long term placement is any placement for longer than a 3 month period.
  2. In the event that the Candidate’s salary is increased at any point during the employment of the chosen Candidate then the placement fee payable to Sitters4U shall be the increased amount.
  3. Sitters4U charges a once off placement fee for long term positions.
  4. This is a once off payment is worked out based on your requirements and provided on quote.

4.2. Short Term Placement

  1. Short Term placement shall mean: Placement of a Candidate for no longer than a maximum of 3 months.
  2. The placement fee shall be ; Less than 30 days service: R 1000 (ZAR) minimum or 30% of the total amount earned over the total period worked by the chosen candidate whichever is greater OR for a placement spanning 30 days to 90 days: R 3000 (ZAR) minimum  or 30% of the total amount earned over the total period worked by the chosen candidate whichever is greater.
  3. This placement fee shall be due and payable to Sitters4U on acceptance of an Applicant for the position offered by the Client as replacement candidates or .
  4. The Client agrees that placement will not take place until the placement fee has been paid.
  5. The Client agrees that should the Client require the Candidate to work for any period during the placement over and above the hours discussed, an agreed rate will be paid per hour.
  6. The total to be earned by the candidate over the projected period worked is paid up front if less than 30 days or upfront on a monthly basis up to a maximum of 90 days.
  7. Any amounts due above and beyond this will be charged for on the last day of the position.
  8. Short term contracts are not renewable beyond 90 days.
  9. In the event that the Candidate's wages are increased then the placement fee payable to Sitters4U shall be the increased amount.
  10. Fees are due in advance on confirmation of booking.
  11.  The minimum hours required to be booked per session is 3 hours.
  12.  Rates are paid per hour, half hour rates do not apply.
  13. Double rates apply on public holidays and from 6pm the night before a public holiday.
  14. The Agency may provide clients with a discount from time to time, at its sole discretion, this discount may at the sole discretion of the agency be negated, should the hours or requirements of the booking change in any way whatsoever. 

5.    Payment

  1. The Client agrees to pay any invoices due within 3 day of receipt of invoice.
  2. The Client agrees that no service will be rendered without proof of payment.
  3. The Client agrees that placement will not take place until the placement fee has been paid.
  4. The signing of the ‘Contract of Employment’ is purely a formality, and once the Client has made an offer, either telephonically, via fax, email or in person in accordance with these terms and conditions, which the Candidate accepts, the Candidate is viewed as an employee.
  5. Failure to sign the contract does not mean that the Candidate is not employed by the Client. Therefore, no placement fees that are due to the Agency can be withheld due to the Candidate, or Client, having not signed the contract of employment.
  6. If registration does take place before the registration fee has been paid, Sitters4U will have the right to obtain full payment of fees and any legal costs incurred, and will not be obliged to perform the services as specified in this contract.
  7. If placement does take place before the placement fee has been paid, Sitters4U will have the right to obtain full payment of fees and any legal costs incurred in obtaining such fees from the Client, and will not be obliged to perform the services as specified in this contract.
  8. Payments must be made promptly.
  9. Delinquent bills will be assessed a R300 (ZAR) if payment is not received within 10 days of the date on the invoice.
  10. If an amount remains delinquent 30 days after its due date, an additional 10% per month will be charged.
  11. The fees due for service are shown under Sections 3, 4, and 5 above.
  12. Sitters4U reserves the right to vary these fees at any time.

6.    Reimbursement and Replacement Policy

  1. The Client understands and agrees that the registration fee is never refundable.
  2. Should either, the chosen Candidate leave the Client during the first 3 months of the placement period, or the Client terminate the contract within the first 3 months from the date of the Clients registration with Agency, The Agency shall endeavor to find a replacement Candidate as soon as is reasonably possible if the clients requirements have not changed from the original request, fees have been paid within 3 days of invoice and the contract of employment was signed timorously.
  3. Should the Candidate initially engaged be replaced by The Agency in terms of this contract, and such replacement Candidate receive a higher salary than the previously placed Candidate, the Client will be required to pay to The Agency, 100%, with regard to long term placement or 30 %, with regard to short term placement, of the difference in the salaries, upon the terms and conditions set out in this agreement as well as any increased amount in the ongoing service plan.
  4. Should the Client not wish to employ a replacement provided by The Agency, The Agency shall no longer be responsible for the replacement.
  5. Should The Agency not be able to present any potential candidates for replacement within a 3 month period, from the date of the request for replacement from the Client then The Agency shall, only, at the sole discretion of The Agency, refund the Client up to a maximum of 50% of the placement fee and deduct from the original placement fee the fees that would have been charged for temporary placement. This policy is only applicable where a Client has paid the full placement fee within 3 days of invoice, and where the clients requirements and times specified have not changed from the original request of the Client and due notice has been provided as per the contract of employment signed between the au pair and the client.
  6. Should the Client contact The Agency after deregistering from the Ongoing Service Plan and want to receive a replacement Au pair the Client agrees to re-register.

7. Cancellation fees

  1. Should the placement of a Candidate be cancelled after confirming the placement of a Candidate but before placement takes place, the placement fee shall still be payable within 48 hours of the Client having cancelled the assignment.
  2. If hours booked are cancelled more than 48 hours before the booking, a 50% cancellation fee is due.
  3. If hours booked are cancelled less than 48 hours before the booking, a 100% cancellation fee is due.

8.   Suitability of Candidates:

  1. The Agency shall use its best endeavors to ensure that the Candidates presented to the Client are suitable for the Client's needs, but expressly gives no warranty whatsoever that the Candidate will be suitable.

9.    Confidentiality

  1. The Client hereby undertakes to treat all information supplied by The Agency about a Candidate as confidential and not to pass such information on to any third party, unless required to do so in order for the Candidate to carry out his or her duties to the Client.
  2. The Client understands that in order to make a booking, or request of service, the Client must always first contact The Agency before speaking to any Candidate the Client has met at any point in time through The Agency in order to request their services for any other duties other than those specified by the Client in terms of this contract.
  3. Should a Candidate introduced to the Client by The Agency, enter into any other employment through the Client,  other than that specified by the Client in this contract, directly or indirectly, notwithstanding that such other employment would exclude The Agency from receiving a registration or placement fee as set out in accordance with any terms and conditions of services offered by The Agency, The Agency shall be entitled to a registration and placement fee from the Client in accordance with the terms and conditions set out in this contract as well as an additional fine of R10 000(ZAR) and any legal costs incurred by The Agency when collecting this fine.

10. Information, Damages and Indemnity

  1. The Agency disclaims any and all liability for any loss, damage, costs or expenses suffered by the Client, directly or indirectly, arising from the Candidates’ employment with the Client.
  2. Sitters4U is not responsible for losses or damages suffered by either the Candidate or the Client.
  3. In selecting Candidates for listing, The Agency has relied on the information supplied by the Candidate, and the information obtained from references supplied by the Candidate.
  4. The Agency has relied on such information in good faith and has passed on such information to the Client in good faith. The Agency shall bear no liability whatsoever for any loss or damage suffered by the Client, directly or indirectly, arising from the Candidate’s employment with the Client.
  5. In the event that the Candidate suffers any loss, injury or damage arising out of her employment with the Client, the Client hereby indemnifies The Agency in respect of any claims made against The Agency as a result of such loss, injury or damage by the Candidate or by any other person.
  6. The Agency is not responsible for providing insurance or any payroll taxes and has no employment relationship with the Candidates provided.
  7. The Client declares that the Client is not an agency and is using this service in a personal capacity only, for the service specified in this contract. Should the Client use this service, the Client agrees that, should a Candidate introduced to the Client by Sitters4U, enter into any contract of employment whatsoever, directly or indirectly, notwithstanding that such employment would exclude Sitters4U from receiving a registration/listing and/or placement fee, Sitters4U shall be entitled to fine the Client a sum of R 10 000 (ZAR) and any legal costs incurred by Sitters4U when collecting this fee.

11. General

  1. This document embodies the whole agreement between the Client and Sitters4U.
  2. No variation, amendment, modification, deletion or addition to these terms and conditions shall be valid unless in writing, agreed to and signed by both the Client and Sitters4U.
  3. Neither party shall be bound by any express or implied term, representation, warrant, promise or the like not recorded in this contract.
  4. No indulgence granted by Sitters4U to the Client shall be deemed to be a waiver of any of rights of Sitters4U.
  5. If at any time after an initial meeting between a Client and a Candidate referred by Sitters4U becomes either directly or indirectly employed by the Client, and the Client does not notify Sitters4U or does not pay the appropriate fee as stipulated in this contract the Client agrees to pay Sitters4U a placement fee as outlined in section 4 above together with a fine of R 4000 and agrees to be responsible for any legal costs incurred by Sitters4U in collecting such fees.
  6. The Client understands that by agreeing to these terms and conditions the Client may not employ any friends or relatives of the Candidates sent to them by Sitters4U.
  7. Clients that employ the above mentioned people agree to pay Sitters4U a placement fee as outlined in section 4 above together with a fine of R 10 000 (ZAR) and any legal fees incurred by Sitters4U when collecting this fee.

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