Terms & Conditions for Au Pair Placement
- This is to certify that you are requesting a service from Babysitters Club to procure placement services on the terms set out herein.
- In the Terms and Conditions herein, The “Client” shall mean you, the party using the services of Babysitters Club to procure an Au pair or other care giver.
2. Terms of Service
- The Client declares that the Client is not an agency and is using this service in a personal capacity only.
- The Client is solely responsible for the Clients own interactions with Candidates.
- The Client is under no obligation to employ any Candidate interviewed through Babysitters Club.
- Should the Client request the services of a Candidate, the Client must inform Babysitters Club before informing the Candidate.
- Babysitters Club shall keep the Clients details strictly confidential except where details are required to be passed to Candidates for the purpose of interviews.
- The Client shall keep all Candidates’ details strictly confidential.
- 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).
- 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.
- The Client must send a copy of the Contract of Employment to Babysitters Club before a Candidate, referred by Babysitters Club or through a Third party who has referred a Candidate they have met through Babysitters Club, commences work for them.
- Babysitters Club 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.babysittersclub.co.za to ascertain our latest Terms & Conditions.
- Babysitters Club reserves the right to make changes to the Service as deemed necessary or desirable.
- An application form must be filled out in order to initiate services with Babysitters Club for either long or short term placement service assistance.
- The application form is due on confirmation, either verbally or in writing, that you 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.
- No service will take place until Babysitters Club is in possession of an application form.
- The application form is valid for the placement of the original enquiry only.
- Should changes be submitted after application has taken place, the position will need to be re-evaluated and re-registered.
- The Client agrees that placement will not take place until the application form has been received by Babysitters Club.
4.1. Short Term Placement
- Short Term placement shall mean: Placement of a Candidate for less than 90 days.
- Babysitters Club charges a minimum of R 1500 once off fee or 30% (whichever is greater) of the total amount earned over the total period worked by the chosen candidate.
- Placement will not take place until the placement fee has been paid.
- 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.
- The total to be earned by the candidate over the projected period worked is paid up front on a monthly basis up to a maximum of 90 days.
- Any amounts due above and beyond this will be charged for on the last day of the position.
- Short term contracts are not renewable beyond 90 days.
- In the event that the Candidate’s wages are increased then the placement fee payable to Babysitters Club shall be the increased amount.
4.2. Long Term Placement
- Long term placement shall mean: Placement of a candidate for longer than 90 days or 3 months.
- Babysitters Club charges a once off fee which depends on the requirement of each Client, please get in touch with us for more information.
- Placement will not take place until the placement fee has been paid.
- The total to be earned by the candidate over the projected period worked is paid at an agreed upon date by yourself and the candidate.
- 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 Babysitters Club shall be the increased amount.
5. Guarantee Period
- Should the chosen Candidate leave the Client during the first 90 days of the placement period, Babysitters Club shall endeavour to find a replacement Candidate as soon as is reasonably possible free of charge. This is only 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 timeously signed.
- Should the Client not wish to employ a replacement provided by Babysitters Club, Babysitters Club shall no longer be responsible for the replacement.
- Should Babysitters Club not be able to present any potential candidates for replacement within a 90 day period, from the date of the request for replacement from the Client then Babysitters Club, at their sole discretion, shall refund the Client up to a maximum of 50% of the placement fee. This is only if the Client’s requirements have not changed from the original request, fees have been paid within 3 days of invoice and the contract of employment was timeously signed and due notice has been provided as per the contract of employment signed between the candidate and the client.
- The Client agrees to pay any invoices due within 3 days of receipt of invoice.
- The Client agrees that placement will not take place until the placement fee has been paid.
- The signing of the ‘Contract of Employment’ is purely a formality, and once the Client has made an offer, either telephonically, via electronic communication methods or in person in accordance with these terms and conditions, which the Candidate accepts, the Candidate is viewed as an employee.
- 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 Babysitters Club can be withheld due to the Candidate, or Client, having not signed the contract of employment.
- Babysitters Club reserves the right to vary these fees at any time.
7. Cancellation fees
- Should the confirmed placement of a Candidate be cancelled after confirming the placement of a Candidate but before placement takes place, a cancellation fee of R1000 shall be payable within 48 hours of the Client having cancelled the assignment, failing which the full amount due shall become payable.
- Should the confirmed placement of a Candidate be cancelled within 5 days of commencement of employment, 50% of the estimated placement fee will be payable to Babysitter’s Club and one week’s salary payable to the Candidate.
- Cancellation must be in writing.
- Fees charged are applicable to engagement only.
- A new placement fee will be charged for an employee returning to an employer at a future date.
8. Suitability of Candidates:
- Babysitters Club shall endeavour 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.
- The Client hereby undertakes to treat all information supplied by Babysitters Club 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.
- The Client understands that in order to make a booking, or request of service, the Client must always first contact Babysitters Club before speaking to any Candidate the Client has met at any point in time through Babysitters Club in order to request their services for any other duties other than those specified by the Client in terms of this contract.
- Should a Candidate introduced to the Client by Babysitters Club, 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 Babysitters Club from receiving a placement fee as set out in accordance with terms and conditions of services offered by Babysitters Club, Babysitters Club shall be entitled to a placement fee from the Client in accordance with the terms and conditions set out in this contract as well as an additional fine of R5000 and any legal costs incurred by Babysitters Club when collecting this fine.
10. Indemnity and Damages
- Babysitters Club acts as an Introductory Employment Agency only and will not be held responsible or liable, in any manner, in the event of theft, injury, accident or death suffered by either the Candidate or the Client, directly or indirectly, arising from the Candidates’ employment with the Client.
- In selecting Candidates for listing, Babysitters Club has relied on the information supplied by the Candidate, and the information obtained from references supplied by the Candidate.
- Babysitters Club has relied on such information in good faith and has passed on such information to the Client in good faith. Babysitters Club 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.
- In the event that the Candidate suffers any loss, injury or damage arising out of her employment with the Client, the Client hereby indemnifies Babysitters Club in respect of any claims made against Babysitters Club as a result of such loss, injury or damage by the Candidate or by any other person.
- Babysitters Club is not responsible for providing insurance or any payroll taxes and has no employment relationship with the Candidates provided.
11. Please Note
- This document embodies the whole agreement between the Client and Babysitters Club.
- 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 Babysitters Club.
- Neither party shall be bound by any express or implied term, representation, warrant, promise or the like not recorded in this contract.
- No lenience granted by Babysitters Club to the Client shall be deemed to be a waiver of any of rights of Babysitters Club.
- If at any time after an initial meeting between a Client and a Candidate referred by Babysitters Club becomes either directly or indirectly employed by the Client, and the Client does not notify Babysitters Club or does not pay the appropriate fee as stipulated in this contract the Client agrees to pay Babysitters Club a placement fee as outlined in section 4 above together with a fine of R 5000 and agrees to be responsible for any legal costs incurred by Babysitters Club in collecting such fees.
Babysitter’s Club 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. If the Client finds that after a period of 7 days that the Candidate is not suitable, the Client is entitled to inform Babysitter’s Club (not less than 7 days and not more than 14 days) after employment has commenced and request a new Candidate.