Terms and Conditions of Frail Care Service with Sitters4U
- In this document ,“The Agency” shall mean Sitters4U.
- Frailcare4U is a division of Sitters4U.
- The “ Client” shall mean the person wishing to procure the services of Frailcare4U.
- The “Candidate” shall mean a prospective employee or independent contractor who is able to provide a caring or nursing or companion or paramedic service or some combination of these.
- An “independent contractor” is a person who is hired through Frailcare4U to provide a caring or nursing or paramedic or companion service, and on whose behalf Frailcare4U bills the client, and provides a management service to the client.
- “Appropriate forms” shall mean the standard Frailcare4U “Offer of Employment” form in the case where the client wishes to employ a candidate, or it shall mean the standard Frailcare4U “Request for Service” in the case where the client wishes to engage the services of a candidate who is an independent contractor
Engagement of Services
The client hereby requests services from Sitters4U to procure the services of a candidate carer/nurse/paramedic/companion on the terms and conditions set out below.
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 candidates.
2.4 The Client shall be responsible for the provision and accuracy of any information necessary for Sitters4U to perform the Service.
2.5 Should the client have chosen the option of a placement process the Client is under no obligation to employ or hire the services of any candidate interviewed through Sitters4U.
2.6 Should the Client request the services of a Candidate, the Client must inform the Agency immediately in writing by email/fax using the appropriate forms provided by Frailcare4U.
2.7 The Client shall keep all Candidates’ details strictly confidential.
Sitters4U shall keep the Clients details strictly confidential.
2.8 The client undertakes to make an offer of employment or request the services of an independent contractor to the candidate only through Frailcare4U / Sitters4U in writing.
2.9 The client undertakes to confirm any verbal offer of employment made to the candidate, to Frailcare4U in writing by means of the appropriate Frailcare4U Form by email/fax within 24 hours of the verbal offer being made.
2.10 The client undertakes that they will at no stage approach any imdependent contractor/service provider directly with an offer of employment and should they wish to do so the client undertakes to make such an offer of employment only through Frailcare4U / Sitters4U.
2.11 The Agency reserves the right to make changes to our Service and to our Terms and Conditions at any time as deemed necessary or desirable.
2.12 In the case that the clients wishes to employ the candidate:
2.13 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.)
2.14 The Client must send a copy of the Contract of Employment to The Agency before the Candidate commences work. Alternatively the Agency will draw up a contract of employment and this contract of employment must be signed off by the employer and the employee before the candidate commences work
3.Registration
3.1. The registration fee must be paid before the agency will commence any work on behalf of the client or search for an appropriate candidate.3.2. The registration fee is a fee charged by the agency that covers the work done by the agency to familiarize itself with the status and situation of the care recipient and the duties and responsibilities of the post offered and the personal educational, experiential and character attributes required by the client of the appropriate candidate. This process must take place so that the agency can take proper care in the choice of candidate. 3.3. The registration fee also allows the client access to full profiles of appropriate candidates and covers the cost of the advert for the position on our website.
3.4. The registration form comprises 3 forms : The Frailcare4U Placement Process form, the Frailcare4U Client Information form and the Frailcare4U Terms and Conditions form.
3.5. A registration fee of R650 (ZAR) must be paid before *full profiles of candidates will be provided to the 3.6. Client and before any interviews may take place between the candidate and the Client.
3.7. No interview will take place until the completed and signed registration form has been received by the Agency and proof of payment of registration fee has been received.
3.8. No *full profiles will be submitted until the completed and signed registration form has been received by the Agency and proof of payment of registration fee has been received.
3.7. The registration fee in conjunction with the completed and signed registration forms, registers the client to receive full profiles of candidates and request interviews.
3.8. The registration fee in conjunction with the completed and signed registration form registers the client for a maximum period of 3 months.
3.9. The registration fee is non-refundable.
* Full profile shall mean: A copy of the candidates personal details including, study history and qualifications, as well as their past work experience/ references and the references contact details.
4. Placement
“Placement” is defined as the fulfillment by Frailcare4U of a request from a client to Frailcare4U to seek a person who has the appropriate experience and qualifications and personal qualities to fulfill the requirements of the particular post or service offered by the client as detailed in the client information form and to present that person for an interview with the client, and when the client accepts a particular candidate as fulfilling the requirements of the post and makes an offer that is accepted by the candidate, then the placement is deemed to have been completed upon the payment of the placement fee by the client to Frailcare4U
4.1 In the case where the client has requested a placement :
4. 1.1.The client agrees that the term of the employment or service will not commence until the placement fee has been paid and that if the placement fee has not been paid, then the placement has not taken place and the client may not employ the candidate or hire the services of the candidate in any way.
4.1.2. Placement is deemed to have taken place as soon as the candidate accepts the offer of employment and the placement fee has been paid, whether that offer is made verbally or in writing by the client or by Frailcare4U acting on behalf of the client on the authority of a written offer of employment.
4.2. Long Term Employment
4.2.1 The phrase ‘Long term Placement’ is interpreted to mean that when a candidate is found suitable by the client, and subsequently hired by the client, that this is a permanent placement and that the normal procedures for termination in terms of the Employment Act must be followed to end the contract, and that no ‘trial assessment’ period is included as part of the employment contract.
4.2.2 The client agrees to pay Frailcare4U a once off placement fee equivalent to 100% of one month’s gross salary of the chosen Candidate.
4.2.3 100% of one month’s gross salary shall mean: The gross amount before any deductions payable to the candidate on a monthly basis and shall not mean any reduced amount paid to the candidate for any period.
4.2.4 In the event that the candidate’s salary is increased then the placement fee payable to Sitters4U shall be the increased amount.
4.3. Short Term Employment
4.3.1.Short Term placement shall mean: Placement of a Candidate for no longer than a maximum of 3 months or 90 days.
4.3.2 The placement fee shall be 30% of the projected gross amount payable to the Candidate over the period of the placement.
4.3.3 This placement fee shall be due and payable to the Agency on acceptance of an Applicant for the position offered by the client.
4.3.4 For all short term placements an agreed hourly rate will be applicable, and time-sheets will be handed in to Sitters4U for all time worked on a weekly basis as measured from the first day of the period of employment. These time sheets will be signed by the client on at least a daily basis and submitted to Frailcare4U on at least a weekly basis as measured from the first day of work.
4.3.5 The client agrees that placement will not take place until the placement fee has been paid.
4.3.6 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.
4.3.7 In the event that the candidate's wages are increased then the placement fee payable to the Agency shall be revised according to the increased amount.
4.4. Provision of Independent Contractors
4.4.1 Placement of Independent Contractors shall mean the placement of a candidate who provides a service through the agency, and on whose behalf the agency collects fees.
4.4.2 In the case of the provision of an independent contractor to the client the agency provides a management service to the client.
4.4.2 Payment for such a service is done weekly in arrears.
4.4.3 Attendance records must be signed off by the client and candidate on a daily basis and emailed to Frailcare4U to frailcare@sitters4u.co.za on at least a weekly basis.
4.4.4 For all Independent Contractors an agreed shift rate will be applicable, and time-sheets must be handed in to Frailcare4U for all time worked at regular intervals to be decided on an individual client/service basis, but which will be no longer than 1 week, as measured from the first day of the period of engagement of the service. These time sheets will be signed by the client or care-recipient or by another person appointed by the client on a daily basis and submitted to Frailcare4U on a regular basis as agreed between the independent contractor, the client and the Agency.
4.4.5 Independent contractors will from time to time be rotated. There may be times when the independent contractors need time off due to sickness or need to attend to personal affairs, in which event the Agency undertakes to provide a suitable replacement.
4.4.6 Independent Contractor Services are billed on a ‘per shift basis’. The shortest shift is 4 hours, and the longest is 12 hours. The carer/nurse will be entitled to a 30 minute break after the first 4 hours and thereafter break time is accumulated at a rate of 6 minutes for each additional hour worked and taken at a minimum of every 3 hours. The client agrees that should the client require the services of the Independent Contractor for any period during the engagement over and above the hours discussed, an agreed rate will be paid per hour for the extra time. Attendance records must be signed off by the client and the independent contractor and emailed or faxed to Frailcare4U to frailcare@sitters4u.co.za on at least a weekly basis. The Client agrees that in the case where a placement of an independent contractor has been requested by the client no service by the independent contractor will take place until the placement fee has been paid.
4.4.7 The Client agrees to provide tea or coffee or similar refreshment, and should the carer provide services to the Client for a period of 6 hours continuously or longer, the Client agrees to provide meals. Should an independent contractor provided by Frailcare4U be found to be unsuitable for the position by the client, the Client agrees to notify the Agency of the details thereof, and the Agency agrees to withdraw the carer concerned from the assignment once a suitable replacement has been found.
4.4.8 In the event of any independent contractor being withdrawn from the assignment by the Client, the Client, in recognition of the duties and responsibilities of the Agency, undertakes to advise the Agency in writing within three days after the date of the withdrawal of the carer of the reasons for the clients actions, and agrees to provide full information about the facts and circumstances that determined the client to withdraw the carer from the assignment.
4.4.9 The Client recognises the right of the Agency to take appropriate corrective action should this be necessary, and shall accordingly refrain from doing so himself/herself. The Agency undertakes to provide a suitable replacement for the carer concerned within a period of 48 hours.
4.4.10 The client agrees that the client will not divulge to the independent contractor any rate or fee that Frailcare4U charges the client on an hourly/daily/weekly/ monthly or any other basis or in any way contrive that the independent contractor should become aware of such fees.
4.4.11 The cost of this service, for the provision of a carer or companion, is according to the following scales:
No of Hours in the Shift Cost of Day Shift Cost of Night Shift
4 170 190
5 190 210
6 210 230
7 230 250
8 250 270
9 270 290
10 290 310
11 310 330
12 330 350
The cost of a nursing service and paramedic service will be provided on request.
5. Payment
5.1 The Client agrees to pay any invoices due within 3 day of receipt of invoice.
5.2 The Client agrees that they will undertake to ensure that the due fee reaches the Sitters4U Bank account by no later than the stipulated due date as per the invoice
5.3 The Client agrees that no service will be rendered without proof of payment.
5.4 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.
5.5 Delinquent bills will be assessed as a R100 fine if payment is not received within 5 days of the date on the invoice.
5.6 If an amount remains delinquent for 7 days after its due date, an additional 10% per month will be charged.
5.7 The fees due for service are shown under Sections 3, 4, and 5 above. Sitters4U reserves the right to vary these fees at any time.
5.8 Sitters4U reserves the right to vary the fees due for service as shown under Sections 3, 4 and 5 at any time upon one month’s written notice to a registered client.5.9 In the case that the client wishes to engage the services of an independent contractor:
5.9.1 For Independent contractors :In the case that the client has requested that Frailcare4U do a placement of an independent contractor, as opposed to sending an independent contractor of Frailcare4u’s own choice, the Placement fee is 30 % of gross remuneration if the period of the engagement of the service is less than 1 month. If the period of the engagement of the service is to be greater than one month, then the placement fee is 30 % of the projected fee for 1 month. This placement fee shall be due and payable to the Agency on acceptance of an Independent Contractor for the service requested by the client.5.10 In the case that the client wishes to employ the candidate:
5.9.2 For Independent Contractors : Payment to Frailcare4U by the client for the independent contractor service must be done on a weekly basis, and must be made on the next day after the last day of the week, or if the period of service provision is less than 1 week, then the payment must be made by the client no later than 1 day after the last day of the service.
5.9.3 The last day of the week will be determined by the day on which service commences, and will be exactly 7 days after commencement, counting the starting day as day 1.
5.9.4 For Independent contractors the client is required to make a refundable deposit equal to the projected costs of engaging the independent contractor for one week. This deposit will be refunded within 3 bank-operating days of the termination of the services of the independent contractor. Should the client at any stage default on the payment for the services of the independent contractor the deposit will be used to make up the shortfall, as per the timesheets, and the balance will be refunded.
5.9.5 Should the client at any point default on a payment for the services of an independent contractor, the services to the client will immediately cease, and only resume once the client has made up the payment.
5.10.1 The signing of the ‘Contract of Employment’ is purely a formality, and once the Client has made an offer, which must be made by fax, email or otherwise in writing on the appropriate form to Frailcare4U and in accordance with these terms and conditions, which the Candidate accepts verbally, by telephone or otherwise or in writing or by fax or by email or by other means, the Candidate is viewed as an employee.
5.10.1 Failure to sign the contract does not mean that the Candidate is not employed by the Client.
5.10.2 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.
5.10.3 If the employment of the candidate by the client 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.
6. Reimbursement and Replacement Policy
The Client understands and agrees that the registration fee is never refundable.
Should either, the 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 commencement of work of the candidate, the Agency shall endeavor to find a replacement candidate as soon as is reasonably possible. This is only applicable in the case that the employment contract between the client and the candidate is signed within 5 days of the commencement of employment of the candidate, and that a copy of this employment contract is submitted by email to Frailcare4U not later than 7 days after the commencement of employment of the candidate.
One replacement will be made or granted per post per Service Request Form within a 3 month period of placement taking place. This means that the client must notify Sitters4U in writing by email or by fax within 2 months of the date of registration that they wish to have a replacement for that candidate and that the agency will proceed to put forward candidates for the balance of the time that makes up 3 months from the day of registration of the client . This will only be done by the agency if, in the case that the candidate is dismissed from employment by the client, the official procedures for dismissal of the placed candidate as specified in the Labour Laws Act are followed and that official copies of these documents stamped by a justice of the peace are forwarded to the agency within 2 days of them being presented to the candidate
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 previous candidate, the client will be required to pay to The Agency, 100% , in regard to long term placement or 30 %, in regard to short term placement, of the difference in the salaries, upon the terms and conditions set out in this agreement.
Should the Client not wish to employ the replacement provided by Sitters4U, Sitters4U shall no longer be responsible for the replacement.
Should The Agency not be able to supply a replacement within a 3 month period, from the date of commencement of work of the candidate to be replaced then The Agency shall, only, at the sole discretion of The Agency, refund the client not more than 50% of the placement fee. This policy is only applicable in the case where a client has paid the full placement fee within 3 days of invoice, and where the client and the employee have signed the employment contract between the client and the candidate within 5 days of the commencement of employment and submitted this contract to Frailcare4U, and where the job specifications and times specified have not changed from the original request of the client.
Should the Client contact The Agency after a 3 month period and want to receive a replacement carer/companion the client agrees to re-register, and that a full placement fee will be due for the replacement.
7. Cancellation fees
7.1 Should the long term placement of a candidate be cancelled by the client for whatever reason after the client has made an offer and the candidate has accepted, thus confirming the placement of the candidate, a cancellation fee of 50% of the placement fee shall be payable to Sitters4U within 48 hours of the client having cancelled the assignment.
7.2 Should the short term placement of an a candidate be cancelled after the client has made an offer and the candidate has accepted, thus confirming the placement of a candidate, a cancellation fee equal to 30 % of the projected total reimbursement to the candidate by the client shall be payable within 48 hours of the client having cancelled the assignment.
8. Suitability of Candidates:
8.1 The Agency shall use its best endeavours 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
9.1 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.
9.2 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.
9.3 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 duties whatsoever.
9.4 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 R4000 and any legal costs incurred by The Agency when collecting this fine.
10. Information, Damages and Indemnity
10.1 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.
10.2 Sitters4U is not responsible for losses or damages suffered by either the candidate or the client.
10.3 In selecting the candidate, The Agency has relied on the information supplied by the candidate, herself and the information obtained from references supplied by the candidate.
10.4 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.
10.5 In the event that the candidate suffers any loss, injury or damage arising out of his/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.
10.6 The Agency is not responsible for providing insurance or any payroll taxes and has no employment relationship with the candidates provided.
10.7 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 4000 and any legal costs incurred by Sitters4U when collecting this fee.
10.8 In the event that the Client requires assistance with driving, the Client undertakes to ensure that the vehicle that is made available for the use of the independent contractor is comprehensively insured.
10.9 In the case of an independent contractor:
10.9.1 Should any candidate be in breech of his/her duties, or unavailable to provide the agreed service, and should an acceptable replacement not be found, the Agency fee shall be adjusted to take account of the services not provided. The Agency shall on no account be liable for consequential loss arising out of such breech of this agreement, and the Client’s damages shall be restricted to so much of the fee as they can show is not due.
10.9.2 Whilst great care has been taken in the screening of its independent contractors, it is agreed and acknowledged by the client that the Agency shall have no liability, vicarious or otherwise, for the behavior or quality of service rendered by any of its independent contractors, nor does the Agency accept responsibility for any wrongful act or omission of any of its independent contractors, including, but not limited to theft, damage to property, injury, or any other cause howsoever arising. In addition, the Client indemnifies the Agency and holds it harmless against all and any claims arising from any wrongful act or omission of any of its independent contractors committed in the course and scope of the independent contractor’s service to the client.
11. General
11.1 This document embodies the whole agreement between the Client and The Agency.
11.2 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 Agency.
11.3 Neither party shall be bound by any express or implied term, representation, warrant, promise or the like not recorded in this contract.
11.4 No indulgence granted by Sitters4U to the client shall be deemed to be a waiver of any of the rights of Sitters4U.
11.5 If at any time after an initial meeting between a client and a candidate referred by Sitters4U this candidate 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 fine equivalent to 100% of the total gross monthly remuneration to such candidate and agrees to be responsible for any legal costs incurred by Sitters4U in collecting such fees.
11.6 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.
11.7 Clients that employ the above mentioned people agree to pay to Sitters4U a fine equivalent to 100% of the total gross monthly remuneration due to such a person/people and any legal fees incurred by Sitters4U when collecting this fee.
12. Declaration
12.1 The Client agrees to pay the registration fee of (ZAR) R 650. The Client understands that this fee is not refundable.
12.2 The Client agrees to pay any placement, registration and/or any other fees as stipulated in the terms of this contract.
12.3 The Client agrees that the Client has read, understands and accepts all of the terms and conditions as stipulated in the terms of this contract.
