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SwiftCARE Terms

1. Engagement of Services

1.1 You hereby request SwiftCARE Services from Sitters4U to procure placement services on the terms set out below.
1.2 Using this website and its associated services constitutes your acceptance of these SwiftCARE Terms and Conditions of Service and creates a binding legal agreement.
1.3 All legal issues arising from or related to the use of this site or Sitters4U's services shall be construed in accordance with the laws of South Africa.
1.4 Exclusive jurisdiction for any claim or dispute against Sitters4U resides in the courts of South Africa.
1.5 These SwiftCARE Terms and Conditions of Service constitute the entire agreement between you and Sitters4U with respect to the use of this website, SwiftCARE Service as described herein and all associated services.
1.6 In this document;
“The Agency” shall mean Sitters4U.

“The Client” shall mean you, the party making use of The Agencies services to procure a child, student, home or other administrative service provider in a private capacity on a fixed term basis, either online or in-person.

"Service Provider" shall mean a Pre-Vetted person referred to the Client to fulfil the required role as requested by the Client.
"SwiftCARE" shall mean any service contracted and delivered under Sitters4U’s SwiftCARE service range as laid out herein. 

"Client” shall mean you, the party making use of The Agencies services to market  and source a child, student, home or other administrative care giver role in a private capacity on a long term basis or short term or long term adhoc basis, either online or in-person.

“Service Provider” shall mean Vetted Service Providers.

"Vetted Service Provider" shall mean, any party referred to the Client, who has applied for the Clients advertised role as requested by the Client; who has been document checked at the time of original application with the Agency, has been thoroughly interviewed and personally telephonically reference checked by the Agency.

2. Service

2.1 No service will be rendered without proof of payment.
2.2 The Client declares that the Client is not an agency and is using this service in a personal capacity only.
2.3 The Client is solely responsible for the Clients own interactions with Service Providers.
2.4 The Client shall be responsible for the provision and accuracy of any information necessary for the Agency to perform the Service.  
2.5 The Client is under no obligation to employ any Service Provider referred to the Client or interviewed through the Agency.
2.6 Should the Client request or otherwise arrange to make use of the services of a Service Provider they have met through the Agency or referred to them by a Service Provider they have met through the Agency, the Client must inform the Agency immediately.
2.7 The Client shall keep all Service Providers’ details strictly confidential.
2.8 The Agency shall keep the Clients details strictly confidential except where details are required to be passed to Service Providers for the purpose of interviews, at the Client’s request or other legal or emergency reason.
2.9 The Agency reserves the right to make changes to the Service as deemed necessary or desirable.
2.10 The Agency's failure to enforce any right or provision in these SwiftCARE Terms and Conditions of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these SwiftCARE Terms and Conditions of Service.
2.11 If a court should find that one or more rights or provisions set forth in these SwiftCARE Terms and Conditions of Service are invalid, the Client agrees that the remainder of the SwiftCARE Terms and Conditions of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
2.12 The Agency reserves the right to vary these Terms & Conditions at any time in order to comply with legislative requirements or changes in the Agencies pricing or policies. Please visit www.sitters4u.co.za to ascertain our latest SwiftCARE Terms & Conditions.
2.13 The Agency reserves the right to make changes to the Service as deemed necessary or desirable and may, in its sole discretion, change this agreement or any part thereof at any time without notice.

3. Registration

3.1 A registration fee of R 850.00 (ZAR) must be paid in order to in order to initiate services with the Agency for SwiftCARE assistance.
3.2 The registration fee is due on confirmation that the Client either verbally, in writing or otherwise, would like to go ahead in initializing a search with the Agencies Service Providers 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 vetted Service Providers, most closely matching the Clients requirements.
3.3 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.
3.4 If registration does take place before the registration fee has been paid, the Agency 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 these Terms.
3.5 The registration fee is valid for the marketing of the job approved by the Client only.
3.6 Should changes to the job description, hours, requirements or salary offered be submitted after registration has taken place, the position will need to be re-evaluated and re-registered in which case a new invoice to re-register the role will be issued.
3.7 The registration fee registers the Client for a maximum period of 90 days or per position offered or per Service Provider to be sourced, to be placed, or the provision of up to a maximum of 5 interviews per registration fee paid, whichever comes first.
3.8 The registration fee is non-refundable.
3.9 Should the registration expire, the client may request to re-register the role.

4. Agency Booking Fee

4.1 The Client agrees that service will not be rendered until the Agency Booking Fee for the full contracted period, together with the first months Service Provider fee has been paid.  

4.2 The Agency Booking Fee shall mean: The Fee paid to the Agency for the recommendation of a suitable Service Provider for a placement no longer than a maximum of 90 days, extended to 180 days at a maximum, at which point either a replacement must be selected for a new Fixed Term contract or the role must be converted to a long term placement in order to stay in line with applicable legislation as set out in the BCEA.

The Agency Booking Fee shall be ;

  • 3 Hours – 30 Days Service: The Agency Booking Fee is equivalent to 35% of the service provider fees charged or minimum fee of R 1800 per month is applicable, whichever is higher.
  • 30 Days – 90 Days Service: The Agency Booking Fee is equivalent to 35% of the service provider fees charged or minimum fee of R 1800 in the first month, whichever is higher, and thereafter a fee of 30% of the Service Provider Fee or R 1200 per month, whichever is higher.
  • 90 Days – 180 Days Contract: The Agency Booking Fee is equivalent to 35% of the service provider fees charged or minimum fee of R 1800 in the first month, whichever is higher, from 31 to 90 days at an Agency Booking Fee of 30% of the Service Provider Fee or R 1200 per month, whichever is higher. From 91 days to 180 days The Agency Booking Fee will be equivalent to 25% of the Service Provider Fee charged in or a minimum fee of R950 per month is applicable, whichever is higher.
Please Note: Carer rates are charged separately from Agency Booking Fees.
4.3 The Agency Booking Fee is paid when a carer who has been introduced to the Client by the Agency or any of its representatives, accepts an offer of employment, short term or otherwise.
4.4 The Agency Booking Fee is the fee due to the agency for it service of sourcing, vetting and management of the employment relationship and employer duties which is quoted on a case by case basis.
4.5 The Agency Booking Fee shall be due and payable to the Agency on acceptance of an Applicant for the position offered by the Client.
4.6 The Client agrees that service will not be rendered until the Agency Booking Fee for the full contracted period, together with the first months Service Provider fee has been paid.  
4.7 The Client agrees that should the Client require the Service Provider to work for any period during the placement over and above the hours discussed, an agreed rate will be paid per hour.
4.8 The total to be earned by the Service Provider over the projected period worked is paid up front if less than 30 days or upfront on a monthly basis.
4.9 Any amounts due above and beyond this will be charged for on the last day of the position.
4.10 Short term contracts are not renewable beyond 180 days service and must be converted to a long term placement or the role must be remarketed and a replacement found.
4.11 In the event that the Service Provider's wages are increased then the Agency Booking Fee payable to the Agency shall be the increased amount.
4.12 Fees are due in advance on confirmation of booking.
4.13 The minimum hours required to be booked per session is 3 hours.
4.14 Rates are paid per hour, half hour rates do not apply.
4.15 Double rates apply on public holidays and from 6pm the night before a public holiday.
4.16 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. Long Term Role Conversion Fees

5.1 If the Client would like to make a long term offer of employment to the Service Provider the Client agrees to pay a once off placement fee equivalent to 1 months salary of the Service Provider or R 5000, whichever is higher.
5.2 The Agency will provide the Client with a complimentary contract of Employment.

6. Payment

6.1 The Client agrees to pay any invoices due within 3 day of receipt of invoice.
6.2 The Client agrees that no service will be rendered without proof of payment.
6.3 The Client agrees that placement will not take place until the placement fee has been paid.
6.4 The Client agrees that once an offer has been made either telephonically, via fax, email, in person or otherwise in accordance with these Terms and Conditions, which the Service Provider accepts, placement is deemed to have taken place and the placement fee is due immediately.
6.5 If placement does take place before the Agency Booking Fee has been paid, the Agency 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.
6.6 Payments must be made promptly.
6.7 Delinquent bills will be assessed a R300 (Three Hundred)(ZAR) if payment is not received within 3 working days of the date on the invoice.
6.8 If an amount remains delinquent 30 days after its due date, an additional 10% per month will be charged.
6.9 The fees due for service are shown under Sections 3, 4, and 5 above.
6.10 The Agency reserves the right to vary these fees at any time.

7. Reimbursement and Replacement Policy

7.1 The Client understands and agrees that the registration fee is never refundable.
7.2 Should either, the chosen Service Provider leave the Client during the placement period, or the Client terminate the contract prior to the quoted ending date, providing the correct notice as contained herein, The Agency shall endeavor to source a suitable replacement Service Provider 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.
7.3 Should the Service Provider initially engaged be replaced by The Agency and such replacement Service Provider receive a higher rate than the previously placed Service Provider, the Client will be required to pay to The Agency, the difference in the fees due, upon the terms and conditions set out in this agreement as well as any increased amount in the ongoing service plan.
7.4 Should the Client not wish to employ a replacement provided by The Agency, The Agency shall no longer be responsible for the replacement and will be entitled to all applicable cancellation fees as described in these terms.
7.5 Should the Agency not be able to present any potential Service Providers within a two week periods from 24 hours to 90 days service, or within a month from the date of the request for replacement for roles falling into 90 to 180 days from the Clients replacement request then The Agency shall, at the sole discretion of The Agency, refund the Client up to a maximum of 50% of the remaining 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 fees timeously 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.
7.6 Where a contract is cancelled by the Client and the fees were discounted at the Agencies discretion, the fees already charged will be converted to full pricing originally provided and invoiced, as would have been charged had the contract been for the duration the service was actually used for at the undiscounted rate.

8. Cancellations

8.1. Should the placement of a Service Provider be cancelled after confirming the placement of a Service Provider but before placement takes place, the placement fee a shall still be payable within 48 hours of the Client having cancelled the assignment.
8.2 If hours booked are cancelled more than 48 hours before the booking, 50% of the quoted or charged Service Provider Fees shall still be payable within 48 hours of the Client having cancelled the assignment.
8.3 If hours booked are cancelled less than 48 hours before the booking, 100% of the quoted or charged service provider fees shall still be payable within 48 hours of the Client having cancelled the assignment.
8.4 Where a contract is cancelled and the fees were discounted at the agency discretion, the fees already charged will be converted to full pricing originally provided and invoiced, as would have been charged had the contract been for the duration the service was actually used for.
8.5 Contracts ranging from 3 hours to 90 days in length require a minimum 2 weeks notice to be cancelled or payment of the same fee as would have been due for a 2 week period.
8.6 In the case of cancellation of where the client does not process payment of the required cancellation fees, the Agency reserves the right withhold payments previously made to the Agency in lieu of payment of these fees as the agency fees and secedes any payment of fees due above these to the Service Provider booked by the Client with such fees as due to the Service Provider still outstanding becoming due and payable by the Client.

Covid Related Cancellations

8.7 The Agency does not provide guarantees against changes in lock-down levels which may result in cancelled placements.
8.8 In the case where a booking has already been initiated but has to be cancelled due to covid related legislative changes the placement fee due to the agency will still be due payable together with 100% of the service provider fees for the hours already worked and 50% of the fees due to the service provider but cancelled due to covid related legislative changes.
8.9 In the case where a booking has already been confirmed, but not yet initiated, which has to be cancelled due to covid related legislative changes the placement fee due to the agency will still be due and payable together with 50% of the fees that would have been due to the service provider

9. Suitability of Service Providers:

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

10. Confidentiality

10.1 The Client hereby undertakes to treat all information supplied by The Agency about a Service Provider as confidential and not to pass such information on to any third party, unless required to do so in order for the Service Provider to carry out his or her duties to the Client.
10.2 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 Service Provider 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.
10.3 Should a Service Provider 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 10.4 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 R20 000 (Twenty Thousand)(ZAR) and any legal costs incurred by The Agency when collecting this fine.

11. Information, Damages and Indemnity

11.1 The Agency disclaims any and all liability for any loss, damage, costs or expenses suffered by the Client, directly or indirectly, arising from the Service Providers’ employment with the Client.
11.2 The Agency is not responsible for losses or damages suffered by either the Service Provider or the Client.
11.3 In selecting Service Providers for listing, The Agency has relied on the information supplied by the Service Provider, and the information obtained from references supplied by the Service Provider.
11.4 The Agency has relied on such information in good faith and has passed on such information to the Client in good faith. The 11.5 Agency shall bear no liability whatsoever for any loss or damage suffered by the Client, directly or indirectly, arising from the Service Provider’s employment with the Client.
11.6 In the event that the Service Provider suffers any loss, injury or damage arising out of her employment with the Client, the 11.7 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 Service Provider or by any other person.
11.8 The Agency is not responsible for providing insurance or any payroll taxes and has no employment relationship with the Service Providers provided.
11.9 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 Service Provider introduced to the 11.10 Client by the Agency, enter into any contract of employment whatsoever, directly or indirectly, notwithstanding that such employment would exclude the Agency from receiving a registration/listing and/or placement fee, the Agency shall be entitled to fine the Client a sum of R 20 000 (Twenty Thousand)(ZAR), the fee that would have been due for placement as per section 4 of this contract and any legal costs incurred by the Agency when collecting this fee.

12. General

12.1 This document embodies the whole agreement between the Client and the Agency.
12.2 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 the Agency.
12.3 Neither party shall be bound by any express or implied term, representation, warrant, promise or the like not recorded in this contract.
12.4 No indulgence granted by the Agency to the Client shall be deemed to be a waiver of any of rights of the Agency.
12.5 If at any time after an initial meeting between a Client and a Service Provider referred by the Agency becomes either directly or indirectly employed by the Client, and the Client does not notify the Agency or does not pay the appropriate fee as stipulated in these terms the Client agrees to pay the Agency the Agency Booking Fee or Placement Fee as outlined in section 4 or section 5 above together with a fine of R 20 000 (Twenty Thousand)(ZAR), and agrees to be responsible for any legal costs incurred by the Agency in collecting such fees.
12.6 The Client understands that by agreeing to these terms and conditions the Client may not employ any friends or relatives of the Service Providers sent to them by the Agency.

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