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Sitters / Au Pairs in Cape Town, Johannesburg and Pretoria - Sitters4U Babysitting, House sitting and Au Pair services. - Tutoring and Facilitator Service Terms and Conditions

Tutoring and Facilitator Service Terms and Conditions

1. Engagement of Services

  1. You hereby request services from Sitters4U to procure 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 Tutor, Facilitator or other care provider or Service.The “Candidate” shall mean any person introduced to the Client by the Agency or any person introduced to the Client by any third party introduced to the Client by the Agency or Candidate of the Agency or a Third party who has referred a Candidate they have met through Sitters4U.

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 and is therefore responsible for an employment offer made to any Candidate interviewed.
  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 or legal process.
  9. The Client must send a signed 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.
  10. 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.
    The Agency reserves the right to make changes to the Service as deemed necessary or desirable.

3. Registration

  1. Applicable to all fee and service options.
  2. A registration fee of R 500.00 (ZAR) must be paid in order to in order to initiate services with Sitters4U applicable to all placement and all placement fee structures offered.
  3. 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.
  4. 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.
  5. The registration fee is valid for the placement of the original enquiry only.
  6. Should changes be submitted after registration has taken place, the position will need to be re-evaluated and re-registered.
  7. 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.
  8. The client agrees that the registration fee is never refundable.
  9. 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.
  10. Should the registration expire, the client may request to re-register.

4. Fee and Service Options

  1. Once a suitable candidate is sourced to assist the Client, an offer made and accepted by a Candidate, placement or contract fees will be due.
  2. The Client agrees that placement will not take place until the placement or Contract fee has been paid. 
  3. We offer 3 fee and service option structures depending on which is most suitable to the clients requirements.
  4. The Client must specify and select a service option before registration service is initiated.
  5. Once a particular service option is chosen it may not be changed, if the Client would like to change the service option selected the role must be re-registered.

4.1 OPTION 1: Once Off Placement Fee

  1. 'Once Off Placement Fee' option is best for roles longer than 3 months or where the Client would like to handle the employment relationship.
  2. Placement fees are paid on acceptance of an offer to a candidate introduced to you by Sitters4U or affiliates.
  3. The placement fee for 'Once Off Placement Fee' Service is a minimum of R 5000 or a payment equivalent to one month’s salary of the chosen Candidate, whichever is higher. 
  4. The Once Off Placement Fee is paid to the Agency.
  5. The Candidate is paid directly by the Client monthly to their account directly.
  6. The Client is registered as the Candidates’ employer and responsible for the payment of UIF and tax on behalf of the employed Candidate.
  7. The Client must sign a Contract of Employment with the Candidate (In accordance with the Labor Relations Act and with the Basic Conditions of Employment Act (1997).
  8. The Client must register the Candidate with the relevant authorities for the purpose of payments of UIF and Tax payments in the case where the 'Once Off Placement Fee' service option outlined in section 4 of this document is selected.
  9. One replacement per placement is offered within 3 months of service initiation as specified in section 6 of this document.
  10. The Client will be provided with a contract pack. This includes:
    • A personalised contract of employment. Use of this document is entirely optional, the Client may also source their own contract, but it is highly recommended to make use of provided document.
    • Guidelines and documentation regarding employment legislation
    • a customized contract including specialized disciplinary procedure
    • an attendance register
    • a pay slip template.

4.2 OPTION 2: Monthly Contract

  1. Best for Clients requiring service for less than 3 months or who would prefer the Agency to handle the Employment Relationship.
  2. Paid on acceptance of an offer to a Candidate introduced to you by Sitters4U or affiliates.
  3. The initial fees charged include:
    1. The quoted hourly rate x lessons booked for the first month booked.
    2. + 30% service fee per month.
    3. Once off ‘Monthly Contract’ service initiation fee of R 1000.
  4. The monthly fees charged include:
    1. The quoted hourly rate x lessons booked for the booked month.
    2. + 30% service fee per month.
  5. All fees are paid to the Agency. 
  6. Rates are paid per hour, half hour rates do not apply.
  7. Double rates apply on public holidays and from 6pm the night before a public holiday.
  8. In the event that the Candidate's rates are increased then the placement fee payable to Sitters4U shall be the increased amount.
  9. Fees are paid in advance monthly, on or before the 28th of each month. 
  10. Any amounts due above and beyond the contracted amount will be charged for on the last working day of each month to be paid immediately.

4.3 OPTION 3: Bundle Contract

  1. Best for those requiring service for a short term set period of time for example during exam preparation.
  2. A minimum of 5 bookings per contract pack must be booked.
  3. Paid on acceptance of an offer to a candidate introduced to you by Sitters4U or affiliates.
  4. Fees include:
    1. the quoted hourly rate x hours /lessons booked for the full duration of the contract pack.
    2. + 30% service fee or a minimum of R 1000 whichever is higher. 
  5. In the event that the Candidate's rates are increased then the placement fee payable to Sitters4U shall be the increased amount.
  6. Bundled Lesson fees are paid in advance on confirmation of booking.
  7. Rates are paid per hour, half hour rates do not apply.
  8. Double rates apply on public holidays and from 6pm the night before a public holiday.

5. Rescheduling of Lesson Times

  1. Applicable to Monthly and Bundle Contracts.
  2. In order to change the time of a lesson more than 2 working days’ notice must be given in writing by the Client. 
  3. If for whatever reason, this notification period is not given the lesson will be forfeit, and will not be made up. 
  4. The lesson must be rescheduled within the same month as it was originally scheduled.  
  5. A maximum of 1 alteration of the time of a lesson per month is allowed except where the lesson falls on a public holiday in which case it may be rescheduled.  
  6. A particular lesson may be re-scheduled once only, otherwise it is forfeit.
  7. No lessons may be carried over from 1 month to the next or from one bundle to the next. 
  8. The Agency is not responsible for issues that prevent a student from attending a particular lesson.
  9. If the Client cancels a lesson the Agency will not refund the fees for the cancelled lesson, however the lesson may be re-scheduled, as outlined in this document.
  10. Should a lesson fall on a public holiday the lesson will not take place but may be rescheduled as outlined in this document.
  11. The Client agrees that no service shall take place until the required fees have been paid. 
  12. Should the Candidate be unable to attend or become unavailable for a booked lesson, a replacement may be provided by the Agency for the lesson or the lesson may be rescheduled to a time convenient to both the Client and Candidate.
  13. The Client agrees that should the Client require the Candidate to perform any services for any period during the contract over and above the services discussed, the agreed rate will be paid per hour to Sitters4U.
  14. The Client agrees that should the Client require the Candidate to perform any services for any period outside the contract over and above the services discussed, the agreed rate will be paid per hour to Sitters4U.

6. Cancellation, Reimbursement and Replacement Policy

6.1 Registration Fees:

  1. The Client understands and agrees that the registration fee is never refundable.

6.2 Once Off Placement Fee Placement:

  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 3 working days of the Client having cancelled the placement.
  2. Should either, the Candidate chosen by the Client provide notice to 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. 
  3. Replacement service will be provided only where;
    1. the requirements for the role (times, subjects, booking numbers etc.) have not changed; 
    2. the Candidate is in breach of the disciplinary action guide provided and signed by both parties.
    3. the Candidate is found to be unsuitable in terms of the contract provided by the Agency or by the Client to the Candidate;
    4. the candidate is not happy in the role or unable to meet the contractual obligations any longer and provides notice within the 3-month period from initiation of service.
  4. If the Client is in breach of one of the aforementioned conditions of replacement, the Client may re register the role in order to source a suitable Candidate for replacement.
  5. In order to provide a replacement, the Agency shall; 
    1. contact the Clients second or third choice from your original interview list, and see if they are still available and offer the role to them instead.
    2. remarket the role internally and externally in order to attract new applications from suitable applicants to fulfill the role. Please note that due to the thorough nature of our application process, most new external applications take up to two weeks to process before a Candidate can even be seen by a Client.
    3. will offer for interview any suitable Candidates that apply.
  6. Should the Client require another replacement within the 3-month replacement period or after the 3-month period, please note that a new placement and registration process will need to be followed.
  7. Should the Client not wish to employ the replacement provided by The Agency, The Agency shall no longer be responsible for the replacement.
  8. The Clients understands that placement fees are never refundable as the work in placing the candidate which is the agency’s duty has been performed by the Agency.

6.3 Monthly Contracts:

  1. The Client must provide one calendar months’ notice of the intention to discontinue lessons otherwise 1 months’ fees are due in lieu of the notice period. 
  2. This does not apply to matric students as lessons will automatically discontinue at the end of the year.
  3. Fees for bookings made and cancelled are not refundable. 
  4. Replacement is provided as required for the duration of the contract if the conditions for replacement service as outlined below are met.
  5. If a replacement is required, the Agency will provide replacement if;
    1. the requirements for the role (times, subjects, booking numbers etc.) have not changed; 
    2. the candidate is in breach of the disciplinary action guide provided and signed by both parties.
    3. the candidate is found to be unsuitable in terms of the contract provided by ourselves or by yourself to the candidate;
    4. the candidate is not happy in the role or unable to meet the contractual obligations any longer and provides notice within the 3-month period from initiation of service.
  6. If the Client is in breach of one of the aforementioned conditions of replacement, the Client may re register the role in order to source a suitable Candidate for replacement.
  7. In order to provide a replacement, the Agency will;
    1. contact your second or third choice from your original interview list, and see if they are still available and offer the role to them instead.
    2. remarket the role internally and externally in order to attract new applications from suitable applicants to fulfill the role. Please note that due to the thorough nature of our application process, most new external applications take up to two weeks to process before a candidate can even be seen by you. 
    3. will offer for interview any suitable candidates that apply.

6.4 Bundle Contracts:

  1. Fees for bookings made and cancelled are not refundable.
  2. Replacement is provided as required for the duration of the contract.
  3. If a replacement is required, the Agency will provide replacement if;
    1. the requirements for the role (times, subjects, booking numbers etc.) have not changed; 
    2. the candidate is in breach of the disciplinary action guide provided and signed by both parties.
    3. the candidate is found to be unsuitable in terms of the contract provided by ourselves or by yourself to the candidate;
    4. the candidate is not happy in the role or unable to meet the contractual obligations any longer and provides notice within the 3-month period from initiation of service.
  4. If the Client is in breach of one of the aforementioned conditions of replacement, the Client may re register the role in order to source a suitable Candidate for replacement.
  5. In order to provide a replacement, the Agency will;
    1. contact your second or third choice from your original interview list, and see if they are still available and offer the role to them instead.
    2. remarket the role internally and externally in order to attract new applications from suitable applicants to fulfill the role. Please note that due to the thorough nature of our application process, most new external applications take up to two weeks to process before a candidate can even be seen by you. 
    3. will offer for interview any suitable candidates that apply.
  6. If the Client wishes to cancel the remainder of a bundle contract option after intuition of service, the remaining lessons on the bundle shall be forfeit.
  7. Fees for bookings made, cancelled and not rescheduled are not refundable or transferable.

7. 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.
  2. It is the Clients prerogative to request interviews before making an offer to a Candidate in order to determine the Candidates suitability for a role.

8. Confidentiality

  1. The Client hereby undertakes to treat all information supplied by The Agency about a Candidate or supplied by a Candidate as strictly confidential and is 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.

9. 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.

10. 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.
    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.
  5. 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.
  6. 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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