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Terms and Conditions

  /  Terms and Conditions

Family

PLACEMENT AGREEMENT between SA CARES AU-PAIRS PROPRIETARY LIMITED (“SA Cares”) and THE EMPLOYER (“the Employer”)
BACKGROUND

SA Cares provides recruitment and placement services of au-pairs, babysitters and tutors to provide the services referred to in its list of available services attached to this agreement/on SA Cares’ website;

The Employer requires a candidate to provide some of these services and wishes to engage SA Cares to place a suitable candidate, on the terms and conditions contained in this agreement.

APPOINTMENT

The Employer appoints SA Cares to source and place a suitable candidate to provide the services checked in the list of available services at the times indicated in the list.

The Employer must register with SA Cares by completing the online registration form or submitting a paper registration form to SA Cares.

Upon registration, the Employer must pay a registration fee of R200 (“the registration fee”).

RECRUITMENT AND PLACEMENTT

As soon as the Employer has registered and paid the registration fee, SA Cares will commence the process of matching the Employer with a suitable candidate.

SA Cares will use its best endeavors to check candidates’ references and backgrounds (including criminal records). However, SA Cares will not be held responsible by the Employer for false, misleading or incomplete information furnished to it by any candidate, referee or other source of information.

SA Cares will submit resumes of prospective candidates whom it considers suitable for the Employer’s requirements to the Employer for consideration. The Employer must notify SA Cares which prospective candidate(s) he/she wishes to interview. SA Cares will then arrange the interviews.

SA Cares will keep all information provided to it by the Employer confidential and will not disseminate it or use it for any purpose other than identifying and recruiting suitable Candidates.

If the Employer wishes to employ a Candidate, he/she must notify SA Cares and SA Cares will negotiate the terms of the Candidate’s employment between the Employer and the Candidate. In view of the fact that SA Cares deals with multiple employers, it cannot guarantee that a candidate will remain available for any period after the interview.

The Employer may not attempt to circumvent SA Cares by negotiating and contracting directly with a Candidate or by referring a candidate’s particulars to a third party who requires services; such third party must be referred to SA cares. If an Employer breaches this term, he/she will pay SA Cares a penalty of double the placement fee that SA Cares would have charged the Employer if SA Cares had facilitated the conclusion of the contract of employment.

The Employer must keep all information provided to him/her by SA Cares confidential and may not disseminate it or use it for any purpose other than considering the Candidate’s suitability for employment.

PLACEMENT FEES

The Employer will pay SA Cares placement fees according to SA Cares’ fee formula, annexed to this agreement/posted on SA Cares’ website.

The registration fee paid by the Employer will be deducted from or credited toward a permanent placement fee. However, if the Employer does not employ any Candidate introduced by SA Cares, the registration fee will not be refundable to the Employer.

The Placement fee is due and payable by the Employer to SA Cares within 5 business days after the Employer and the Candidate have signed an employment contract or before the Candidate commences employment, whichever occurs first. For the avoidance of doubt, no Candidate will commence work for any Employer until the placement fee has been paid in full.

If the Employer repudiates a contract of employment with a Candidate by cancelling it before the Candidate is due to commence work, the Employer must pay, as liquidated damages:

If the Employer repudiates a contract of employment with a Candidate by cancelling it before the Candidate is due to commence work, the Employer must pay, as liquidated damages:

to the Candidate, 50% of the remuneration that the Candidate would have earned during the first month of employment; and

Failure by the Employer to pay the Placement fee on its due date will constitute repudiation and guarantee will become null in void.

If the Employer re-employs a Candidate after the expiry of a fixed term contract, the Employer must notify SA Cares and must pay SA Cares a placement fee in respect of the renewal of the contract, calculated according to SA Cares fee formula.

All payments due by the Employer to SA Cares must be paid by electronic funds transfer or direct deposit into SA Cares’ banking account.

CONTRACTUAL RELATIONSHIPS

SA Cares shall not be liable to compensate the Employer for any act or omission of the Candidate; and

all rights and obligations under the resulting contract of employment shall be as between the Employer and the Candidate;

Accordingly:

Although SA Cares facilitates the negotiation and conclusion of the contract of employment, the resulting contract is between the Employer and the Candidate, acting as principals.

the Employer indemnifies SA Cares against any claims that any Candidate may make against it as a result of any act or omission of the Employer.

GUARANTEES

a Candidate was placed as a permanent placement and resigns within 3 months after the employment commencement date then SA Cares will use its best endeavors to place a replacement Candidate with the Employer

a Candidate and the Employer are found to be objectively incompatible within 1 month after the employment commencement date; or

a Candidate fails to take up his/her employment with the Employer;

If:

Any refund offered by SA Cares will be on a replacement of candidate basis only and not a refund of monies. This is only applicable to permanent placements.

DISCLAIMER

SA Cares will not be liable for any losses or damages suffered by the Employer or his/her child(ren) arising from any act or omission, whether innocent, negligent or intentional, committed by any candidate interviewed or employed by the Employer.

GENERAL

checking the appropriate block on SA Cares’ website.

The Employer may not cede his/her rights or assign his/her obligations under this agreement to any third party.

No amendment of this agreement will be of any force or effect unless in writing and signed by both parties.

This document constitutes a binding agreement between the Employer and SA Cares. SA Cares signifies his/her acceptance of the terms and conditions contained in this document by:

signing a paper copy hereof; or

Au Pair

PLACEMENT AGREEMENT between SA CARES AU-PAIRS PROPRIETARY LIMITED (“SA Cares”) and THE AU PAIR (“the Au-pair”)

The Au-pair warrants to SA Cares that

The Au-pair warrants to SA Cares that

all information that he/she has provided is true and correct;

he/she has never been convicted of any offence relating to dishonesty or assault (including sexual assault).

he/she is physically and psychologically equipped to provide the services to children of a prospective employer; and

there is no reason why he/she should not be appointed to provide any of the services to children of a prospective employer.

The Au-pair irrevocably consents to SA Cares:

checking his/her references;

conducting a check on any criminal record data; and

providing prospective employer with copies of his/her CV and any information obtained by SA Cares relating to the Au-pair.

SA Cares will assess whether the Au-pair is suitable for the provision of the services before submitting his/her details to a prospective employer. If SA cares determines that the Au-pair is not suitable for the provision of the services:

its decision shall be final and no correspondence will be entered into; and

it shall notify the Au-pair of the reasons for the conclusion;

the agreement between SA Cares and the Au-pair will forthwith be terminated.

SA Cares will use its best endeavors to place the Au-pair in employment with an employer to provide some or all of the services. SA Cares does not warrant that it will place the Au-pair and will not be liable to compensate the Au-pair if no position is found for him/her.

The Au-pair agrees to submit to interviews with prospective employers.

If an employer wishes to engage the services of the Au-pair, the employment contract must be facilitated by SA Cares. The Au-pair agrees that:

he/she will not circumvent SA Cares by contracting directly with any prospective employer where SA Cares introduced the Au-pair and the prospective employer to each other. This restriction shall remain in force for 2 years after SA Cares submitted the Au-pair’s information to the prospective employer; and

he/she will not commence working for an employer until SA Cares has confirmed that the employer has paid their placement fee in full.

The Au-pair expressly agrees that he/she will not this agreement does not create a contract of employment or agency between SA Cares and the Au-pair. Accordingly:

SA Cares shall not be liable to compensate the Au-pair for any act or omission of the employer, including (but not limited to) failure to pay salaries or unfair dismissal, but, in the event of unfair dismissal, SA Cares will use its best endeavors to find the Au-pair an alternative placement; and

once the Au-pair has been placed, all rights and obligations under the resulting contract of employment shall be as between the Au-pair and the employer;

The Au-pair indemnifies SA cares against any claim that may be made against it by an employer as a result of anything done by the Au-pair.

Notwithstanding the contents of 8, the placement of the Au-pair is pursuant to a contract between SA Cares and the employer. Accordingly, SA Cares shall have the right to withdraw the Au-pair from an employer and terminate the contract of employment in the event of the employer’s breach of his/her contract with SA Cares.

Although the Au-pair is not employed by SA Cares, his/her conduct reflects on SA Cares by virtue of his/her placement by SA Cares. Accordingly, it is an express term of the Au-pair’s placement with an employer that:

he/she does not use illegal drugs at any time or use alcohol while performing duties;

he/she carries out his/her duties responsibly and punctually;

he/she obeys all laws, including, without limitation, traffic laws, while performing duties to the employer;

he/she conducts him/herself in a professional, sober and morally exemplary manner at all times when meeting prospective employers or providing services to an employer;

he/she does not smoke while performing duties, unless the employer has given permission for this.

If an employer terminates the Au-pair’s employment due to a breach of 10:

the Au-pair shall be removed from SA Cares’ list of prospective candidates.

This contract is personal between the Au-pair and SA Cares. The Au-pair may not cede any of his/her rights or assign any of his/her obligations under this agreement to any person.

No variation to this agreement between SA Cares and the Au-pair will be valid unless in writing and signed by both parties.

This document constitutes a binding agreement between SA Cares and the Au-pair. The Au-pair irrevocably signifies his/her acceptance of the terms and conditions contained in this document by:

checking the appropriate block on SA Cares’ website.

signing a paper copy hereof (please find PDF agreement); or