Terms and Conditions

AU PAIR EXTRAORDINAIRE

TERMS AND CONDITIONS OF ENGAGEMENT

This agreement is entered into between:

AU PAIR EXTRAORDINAIRE, registration number 2007/233816/23, a private company duly registered in the Republic of South Africa, email charne@apeo.co.za the Agency”);

and

THE CLIENT, being the person whose particulars are set out in the acceptance page of this agreement (“the Client”).

The Agency is a supplier and the Client is, in most cases, a consumer as those terms are defined in the Consumer Protection Act 68 of 2008 (“the CPA”). Where the CPA applies to this agreement, these terms must be read subject to the CPA.

1) Introduction

1.1) These terms apply to all permanent, semi-permanent, and temporary engagements effected through Au Pair Extraordinaire (“the Agency”) and any variation in these terms will be binding on the parties only if in writing and signed by both parties or their respective agents.

1.2) The Client accepts these terms and conditions by signing the acceptance page, by accepting them electronically, or by accepting a Candidate for an interview after these terms have been made available to the Client. The Agency will make these terms available to the Client, and will specifically draw the Client’s attention to the clauses listed in clause 15.2, before the Client accepts a Candidate for an interview. These terms will also be published on our website.

1.3) If the Client employs a Candidate, whether on a part-time, full-time, temporary or contract basis, and whether or not in the position for which the Agency introduced that Candidate, the Client must pay the Agency the full Agency Placement Fee set out in clause 5. This applies if the Client employs the Candidate at any time within 1 (one) year of the Agency introducing that Candidate to the Client.

1.4) In these terms, unless the context indicates otherwise:

1.4.1) “Agency Placement Fee” means the fee payable by the Client to the Agency for a Placement, calculated in accordance with clause 5;

1.4.2) “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;

1.4.3) “Candidate” means any person introduced or referred by the Agency to the Client, whether as an au pair, childminder, babysitter or in any similar capacity;

1.4.4) “Guarantee Period” means the applicable replacement guarantee period determined under clause 6;

1.4.5) “Placement” means the engagement or employment of a Candidate by the Client following an introduction by the Agency;

1.4.6) “POPIA” means the Protection of Personal Information Act 4 of 2013; and

1.4.7) “Services” means the sourcing, screening, introduction and referral services the Agency provides to the Client under these terms.

1.5) The Agency has prepared these terms in plain and understandable language as required by section 22 of the CPA. If any part of these terms is unclear, the Client may ask the Agency for an explanation before accepting them, and the Agency will provide that explanation free of charge. Headings are for convenience only and do not affect interpretation.

2) Agency Obligations

2.1) The Agency undertakes to use its skills and knowledge to source and screen suitable Candidates for the Client.

2.2) In accordance with the Labour Relations Act, the Client is required to have a Contract of Employment with the Candidate. This Contract of Employment will be provided by the agency.

2.3) All correspondence and records shall be kept confidential and remain the property of the Agency. Information supplied by the Agency is strictly confidential and is accepted by the Client on the condition that such information will not be disclosed to third parties.

2.4) The Agency will perform the Services with the degree of care, skill and diligence that a client is generally entitled to expect, as contemplated in section 54 of the CPA. Nothing in clause 4 or elsewhere in these terms limits or excludes this obligation, and the Agency does not seek to contract out of section 54.

2.5) The Agency will, on written request, provide the Client with a written quotation of the estimated Agency Placement Fee before the Client accepts a Candidate for interview.

3) Client Obligations

3.1) The Client must pay the Agency Placement Fee once a Candidate has accepted an offer of employment either verbally or in writing, within 3 (three) Business Days from the date of invoice.

3.2) Clients are required to notify the Agency immediately upon engagement of a Candidate. The Client must comply with all the legislative conditions including, but not limited to all statutory deductions to be made by the Client.

3.3) Should a Candidate be required to use his / her their own motor vehicle for childcare duties, compensation is calculated at the applicable per km rate.

3.4) After a Client has interviewed a Candidate, the Client has 3 (three) Business Days to decide to employ the Candidate and inform the Agency of this decision. If this is not done, the Candidate is free to attend other interviews set up by the Agency. In this case, the availability of the Candidate can no longer be assured.

3.5) The Client acknowledges that it is the Candidate’s employer and is responsible for complying with all applicable employment laws, including paying the applicable minimum wage, registering for and paying UIF and COIDA contributions where required, issuing payslips, granting statutory leave, and following lawful and fair disciplinary and termination procedures.

4) Indemnity and Limitation of Liability

4.1) While the Agency will endeavour to introduce reliable Candidates and will use care in selecting each Candidate, the Agency does not give any warranty concerning the history, character, age, capability, medical history, medical fitness, availability, or suitability of any Candidate introduced to a Client by the Agency. The decision as to the suitability of the Candidate rests with the Client. This clause relates to the attributes of the Candidate and does not limit the Agency’s own obligation under clause 2.4 to perform the Services with reasonable care and skill.

4.2) The Agency operates as an introduction Agency only between Clients and Candidates. At all times after engagement, the Candidate is under the Client’s supervision, control, and responsibility. Candidates are not employed by the Agency either directly or indirectly and the Agency cannot be responsible to the Client or any other person for any damage, loss, or expense incurred either directly or indirectly by reason of the negligence or shortcomings of any Candidate employed by a Client.

4.3) The Client indemnifies and holds harmless Au Pair Extraordinaire, its directors, and employees from any and all claims, disputes, actions, proceedings, or costs, whether at the Commission for Conciliation, Mediation and Arbitration (CCMA) or any other forum, arising out of or in connection with any employment-related matter. This includes, without limitation, claims relating to: (i) an offer of employment made or withdrawn, (ii) the existence, non-existence, or termination of an employment relationship with a candidate, and (iii) any employment dispute with a candidate. This indemnity applies at all times, whether before the commencement of employment, during employment, or after termination of employment, and regardless of whether or not an offer of employment was made, accepted, or a contract was signed.

4.4) The Agency selection process relies on information provided by the Candidate, including but not limited to information obtained from references supplied by the Candidate. Whilst the Agency may take references in respect of the Candidate, it is for the Client to decide what reliance can be placed thereon.

4.5) LIMITATION OF LIABILITY. Subject to clause 4.8, the total aggregate liability of the Agency, its directors, employees and agents, whether arising in contract, delict (including negligence), breach of statutory duty, restitution or on any other basis, in respect of all claims arising out of or in connection with these terms and conditions, the introduction or Placement of any Candidate, or the Services, shall not in any circumstances exceed an amount equal to two (2) times the total Agency Placement Fees actually paid by the Client to the Agency in respect of the Placement or engagement giving rise to the claim.

4.6) For the purposes of clause 4.5:

4.6.1) the cap is a single aggregate cap applying to all claims collectively, and not a separate cap per claim, per Candidate, per incident or per cause of action;

4.6.2) Agency Placement Fees are calculated exclusive of VAT, and exclude any amount which has been refunded or credited to the Client, including under clauses 7 and 8;

4.6.3) amounts paid or payable by the Client to a Candidate, including remuneration, statutory deductions and reimbursements, do not constitute amounts paid to the Agency; and

4.6.4) where the Client has paid no Agency Placement Fee, the Agency shall have no liability to the Client.

4.7) Subject to clause 4.8, the Agency shall not be liable for any indirect, special or consequential loss, or for any loss of profit, loss of income, loss of opportunity, loss of employment, reputational harm, or the cost of engaging any alternative candidate, agency or childcare provider, whether or not such loss was foreseeable.

4.8) Nothing in clauses 4.5 to 4.7 limits or excludes any liability of the Agency which cannot lawfully be limited or excluded, including any liability for death or personal injury resulting from the gross negligence of the Agency, or for the Agency’s fraud or fraudulent misrepresentation, and nothing in those clauses limits any right the Client has under the CPA.

4.9) The Client acknowledges that: (i) the Agency acts as an introduction agency only and does not employ, supervise or control any Candidate; (ii) the Agency Placement Fees are set on the basis of the allocation of risk in clauses 4.1 to 4.8; (iii) the Client has been given an adequate opportunity to read these clauses and to receive an explanation of them; and (iv) the limitations in clauses 4.5 to 4.7 are fair, reasonable and just in the circumstances. The Client’s signature or electronic acceptance of these terms constitutes specific acknowledgement, for the purposes of section 49 of the CPA, of the limitation of liability and assumption of risk contained in clauses 4.5 to 4.7.

5) Agency fees

5.1) The Agency Placement Fees do not include any remuneration to be paid to a Candidate placed as an employee.

5.2) Permanent Placements (with a definite starting date but no ending date):

5.2.1) Standard Placement Package: Agency Placement Fees will be calculated at 11% of the Candidate’s gross annual income plus VAT (comprising monthly salary and agreed upon babysitting additional hours in the school holidays, overtime, etc.) Standard permanent placements have a minimum Agency Placement Fee of R4000 + VAT. If the Candidate lives with the Client, an amount of R1500 will be added to the Candidate’s gross monthly income for every month they are employed (maximum 12 months) for the purpose of invoicing.

5.2.2) Premium Placement Package: Agency Placement Fees will be calculated at 12% of the Candidate’s gross annual income plus VAT (comprising monthly salary and agreed upon babysitting additional hours in the school holidays, overtime, etc.) Premium permanent placements have a minimum Agency Placement Fee of R4500 + VAT. If the Candidate lives with the Client, an amount of R1500 will be added to the Candidate’s gross monthly income for every month they are employed (maximum 12 months) for the purpose of invoicing.

5.2.3) Temporary Placements (with definite starting and ending dates): The Agency will place Candidates in fixed-term contracts only if there is no possibility that the Candidate will be required to work after the contract expires. The Agency reserves the right to start scheduling interviews for the Candidate with new families one month before the end date of the fixed-term contract. If the Client wishes to extend the Candidate’s employment beyond the original contract term, a full permanent Agency Placement Fee will be charged and must be settled immediately. If the Candidate resides with the Client, an additional amount of R 1500-00 will be added to the Candidate’s gross monthly income for every month of employment (up to a maximum of 12 months) for invoicing purposes.

5.2.4) Seven – Twelve months: The Agency Placement Fee will be calculated at 15% (fifteen percent) of gross income plus VAT with a minimum placement fee of R4000 plus VAT.

5.2.5) Four – Six months: The Agency Placement Fee will be calculated at 20% (twenty percent) of gross income plus VAT with a minimum placement fee of R3500 plus VAT.

5.2.6) Two – Three months: The Agency Placement Fee will be calculated at 25% (twenty-five percent) of gross income plus VAT with a minimum placement fee of R3000 plus VAT.

5.2.7) Less than one month: The Agency Placement Fee will be calculated at 25% (twenty-five percent) of gross income plus VAT with minimum placement fees of: 1 day: R350 + VAT; 2 days: R500 + VAT; 3 days: R650 + VAT; 4 days: R800 + VAT; 5 days: R950 + VAT; 6 days: R1100 + VAT; 7 days: R1250 + VAT; 8 days: R1400 + VAT; 9 days: R1550 + VAT; 10 days: R1700 + VAT; Between 11-15 days: min placement fee of R1700 + VAT; 15 days+ minimum placement fee of R2500 + VAT.

5.3) Babysitting

5.3.1) The once-off babysitting The Agency Placement Fee payable to the Agency is R350 plus VAT per occasion. This is to be paid before the babysitting service will be provided. Monies payable to the babysitter on the day of service are calculated at R100-R120 per hour up to midnight and R120-R140 per hour thereafter.

5.3.2) The Agency Placement Fee for placements of permanent babysitters’ (where the family requires the same babysitter to babysit for them on multiple occasions in the future, with no end date) is R3000 plus VAT. A candidate is only considered a permanent babysitter if the working hours are strictly ad hoc in nature. Set working hours in excess of 24 working hours a month will be considered an au pair placement and will be invoiced as such.

5.4) The Agency Placement Fees are due once a Client has made a Candidate an offer and the Candidate has accepted this offer, either verbally or in writing, and not at the commencement of employment or the signing of a contract between the Candidate and the Client. The Client shall be liable to pay the Agency Placement Fee at the rates shown in the current schedule of fees within 3 Business Days of the date of the invoice. No Candidate shall be permitted to commence work with the Client until all Agency Placement Fees have been paid in full. Where an offer is made or accepted verbally, the Agency will confirm the offer and its acceptance in writing to the Client, and the Agency Placement Fee becomes due on the date of that written confirmation.

5.5) The Client acknowledges that all background checks, including the Criminal Check, are conducted upon the Candidate’s acceptance of the offer of employment. The Client has the right to wait for the results of these checks before allowing the Candidate to commence employment, and the Agency encourages this practice. The Client understands and accepts the risks associated with allowing a Candidate to start before the results have been returned. The Agency typically returns check results within a maximum of four (4) Business Days.

5.6) Should the Client pass on an introduction to a third party that results in an engagement of the Candidate by that third party, the Client will be responsible for payment of the Agency Placement Fee as if the Client had engaged the Candidate. This amount will be payable immediately.

5.7) If a Client decides to offer a Candidate suggested by Au Pair Extraordinaire more than one position (e.g. as an employee of a company in the mornings and as an Au Pair in the afternoons), the Client is obliged to pay Agency Placement Fees for BOTH positions offered to the Candidate (i.e. the Client will be invoiced for an Agency Placement Fee for the morning position AND an Agency Placement Fee for the afternoon position).

5.8) Interest charged at 24% (twenty four percent) per annum, calculated daily and compounded monthly in arrears, will be added to all fees not paid within 28 days of the date of the Agency invoice. Interest runs from the date the amount became due until the date of payment, and the total interest recovered will not exceed the unpaid capital amount, in accordance with the in duplum rule. Should any and all monies that are outstanding from a Client not be paid to the Agency within this timeframe, the Agency reserves the right to refer the outstanding debt to a debt collection agency. The Client will be liable for the reasonable legal and collection costs actually incurred by the Agency in recovering the debt, limited to attorney own client fees.

6) Replacement Guarantee

6.1) The guarantee is valid only if the full Agency Placement Fee has been paid to the Agency within 3 (three) Business Days of the presentation of the invoice to the Client.

6.2) Permanent Placements (placements lasting twelve months or longer)

6.2.1) For the Standard Placement Package: a three-month guarantee period is granted, beginning the day the candidate begins working for the Client.

6.2.2) For the Premium Placement Package: a six-month guarantee period is granted, beginning the day the candidate begins working for the Client.

6.3) For placements lasting six to eleven months, a one-month guarantee period is granted, beginning the day the candidate begins working for the Client.

6.4) For placements lasting three to five months, a two-week guarantee period is granted, beginning the day the candidate begins working for the Client.

6.5) There is no Replacement Guarantee for placements lasting less than three months.

6.6) There is no Replacement Guarantee for Candidates who have accepted a below-market salary. For this purpose, a salary is below market only if it is lower than the minimum salary range the Agency communicated to the Client in writing for that Placement before the offer was made.

7) Cancellation of employment

7.1) If the Client offers a position to a Candidate, and the Client withdraws the offer after the Candidate has accepted, then the agency will bill the Client 50% (fifty percent) of the Agency Placement Fee as invoiced for that Candidate. This fee will be payable within three Business Days. The parties agree that this charge is a reasonable pre-estimate of the costs the Agency incurs in sourcing, screening and introducing the Candidate and in re-commencing the search, and constitutes a reasonable cancellation charge as contemplated in section 17 of the CPA.

7.2) If a Candidate fails to take up an engagement after agreeing to do so in writing, an alternative Candidate will be suggested to the Client. Every effort will be made to replace the Candidate as quickly as possible. However, in the unlikely event that we are unable to find a replacement candidate with the required experience and availability (as per the original job specification brief) within 30 days from the date of termination, the Client will qualify for a 75% (seventy-five percent) refund. If the Client chooses not to employ a replacement Candidate through Au Pair Extraordinaire for whatever reason, the Replacement Guarantee will be considered as forfeited by the client and no fees will be refunded or credited.

8) Replacement Policy

8.1) In the unlikely event that either party terminates the contract within the guarantee period, we at Au Pair Extraordinaire are committed to finding a suitable replacement candidate for the position free of charge. Our priority is to ensure a swift and efficient recruitment process, and we will make every effort to present candidates with the necessary skills and availability. However, in the unlikely event that we are unable to find a replacement candidate with the required experience and availability (as per the original job specification brief) within 30 days from the date of termination, the Client will qualify for the following refunds:

8.1.1) Termination within one month of employment: 50% (fifty percent) refund

8.1.2) Termination within two months of employment: 30 % (thirty percent) refund

8.1.3) Termination within three months of employment: 20% (twenty percent) refund

8.1.4) There will be no refunds for termination after three months of employment.

8.2) If the Client chooses not to employ a replacement Candidate through Au Pair Extraordinaire for whatever reason, the Replacement Guarantee will be considered as forfeited by the Client and no fees will be refunded or credited.

8.3) In the event that replacement candidates with the required availability and experience suggested by the Agency are not chosen for employment for any reason, the Replacement Guarantee will be forfeited, and no fees will be refunded or credited.

8.4) Should a replacement Candidate be offered a higher salary than the original placement, the Client will be invoiced for the difference of the Agency Placement Fee, payable before commencement of work of the replacement. This will also apply if a Candidate, after resignation from the Client, accepts a higher package from the Client and recommences work for the Client within the original contract period.

8.5) The Replacement Guarantee is valid for a period of 3 months from the date of termination of employment.

8.6) The Agency cannot be held responsible for early termination by either party.

9) Exclusions from Agency Guarantee

9.1) If the termination proves to be a result of misconduct on the part of the Client, no refund is payable to the Client nor is a replacement offered. This includes but not limited to:

9.1.1) If termination procedures, as outlined in the Labour Relations Act 1995, are not followed by the Client. In such cases, the agency may require supporting documentation to verify that the appropriate procedures were adhered to (such as warnings, disciplinary hearings etc.),

9.1.2) Late payment (of the placement fee, as well as the Candidate’s salary),

9.1.3) Breach of contract by the employer,

9.1.4) Entering into an inappropriate relationship with the candidate which proves to be unsuitable in the circumstances,

9.1.5) If the Candidate has been subjected to ill-treatment from the Client, the Client’s children, or any member of the Client’s family, including physical or verbal actions that are deemed inappropriate or abusive,

9.1.6) Candidate illness or death, or Candidate close relative/family member illness or death that results in Candidate resignation,

9.1.7) Retrenchment,

9.1.8) The agency strictly adheres to South African employment laws and promotes inclusivity. Therefore, we will not provide replacements if the Client sets limitations on the Candidate’s race. Such practices are in direct violation of employment laws and do not align with our commitment to equal opportunities and diversity,

9.1.9) If the client modifies the job specifications from the original placement made by the agency (including but not limited to a significant change in working hours, reduction in offered salary or corresponding hourly rate, candidate experience and qualifications without the necessary salary adjustments), such modifications will be considered as a new placement and will not be covered under the Replacement Guarantee,

9.1.10) This Replacement Guarantee is not extended with the start of employment of subsequent Candidates after the original placement.

9.2) The Agency will pay no refund of the difference in Agency Placement Fee to a Client if a replacement Candidate accepts a lower package than the original Candidate.

9.3) Before the Agency declines a refund or replacement under clause 8 or clause 9, the Agency will notify the Client in writing of the reason, and the Client may respond in writing within 10 Business Days. Nothing in clauses 8 and 9 limits any right the Client has under the CPA.

10) General

10.1) This agreement constitutes a full and binding contract between the Agency and the Client. The Client signifies their agreement to the terms and conditions thereof.

10.2) If any provision of these terms is found to be invalid, unlawful or unenforceable, that provision is severed and the remaining provisions continue in force.

10.3) No failure or delay by the Agency in enforcing any right constitutes a waiver of that right.

10.4) Notices must be given in writing to the email or physical address recorded in the acceptance page, and are deemed received on the first Business Day after despatch unless the sender receives a delivery failure notification.

10.5) These terms are governed by the law of the Republic of South Africa.

11) Compliance with the Protection of Personal Information (POPI) Act

11.1) The Client understands that Au Pair Extraordinaire takes the privacy of its Clients and Candidates very seriously and has implemented reasonable security measures to guard against the unauthorised disclosure of any private/ personal/ special personal information.

11.2) This document constitutes a contractual agreement to protect all personal information in confidence. We will use the personal information only in relation to providing services. The Agency processes the Client’s personal information for the purposes of providing the Services, invoicing and collecting fees, conducting background checks, and complying with its legal obligations. The lawful bases for this processing are the performance of this agreement, the Agency’s legitimate interests, compliance with law, and, where required, the Client’s consent.

11.3) You confirm that all information supplied by yourself is true and correct and that you are responsible for updating your information to ensure that it is correct and for not providing any false information.

11.4) You confirm that you have consented to Au Pair Extraordinaire sharing your personal data with the Candidate in an effort to assist you with finding a suitable placement.

11.5) You acknowledge that your personal and special personal information will be kept for the required storage and retention periods according to and in line with the legislation periods applicable. The Agency will not retain personal information for longer than is necessary to achieve the purpose for which it was collected, unless retention is required or authorised by law.

11.6) In the event of a third-party request for confidential information, and in doubt regarding the safety of confidentiality processes, Au Pair Extraordinaire may insist on following the processes stated in the Promotion of Access to Information Act (PAIA). Requests for access to information kept by Au Pair Extraordinaire can be lodged with the Information Officer.

11.7) You acknowledge that Au Pair Extraordinaire may disclose your personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

11.8) The Client has the right, under POPIA, to request access to the personal information the Agency holds about the Client, to request correction or deletion of that information, to object to its processing, to withdraw consent where processing is based on consent, and to lodge a complaint with the Information Regulator. These requests may be directed to the Agency’s Information Officer at charne@apeo.co.za.

11.9) The Agency will not transfer personal information outside the Republic of South Africa unless the transfer is permitted by section 72 of POPIA.

11.10) If the Agency has reasonable grounds to believe that the Client’s personal information has been accessed or acquired by an unauthorised person, the Agency will notify the Client and the Information Regulator as soon as reasonably possible, as required by section 22 of POPIA.

12) Use of Candidate Information

12.1) You acknowledge that any personal information of candidates provided to you by Au Pair Extraordinaire, including but not limited to copies of qualifications, identity documents, driver’s license, academic results, and reference details, is disclosed solely for the purpose of evaluating suitability for employment and conducting lawful pre-employment verification. You agree to process such information strictly in accordance with the Protection of Personal Information Act (POPIA), to maintain its confidentiality, and not to use it for any other purpose or disclose it to any third party without the candidate’s written consent. You further indemnify Au Pair Extraordinaire against any claim arising from your unlawful use, processing, or disclosure of candidate information. The Client must securely destroy or return Candidate information that the Client no longer needs for the purpose for which it was disclosed.

13) Ethical Conduct and Blacklisting

13.1) You acknowledge and agree that Au Pair Extraordinaire upholds the highest ethical and professional standards within the childcare and recruitment industry. If you, your household, or your representatives engage in conduct that is dishonest, unethical, abusive, exploitative, discriminatory, or otherwise deemed by Au Pair Extraordinaire, in its reasonable discretion, to undermine the integrity of the industry or endanger candidates, Au Pair Extraordinaire reserves the right to: (i) immediately terminate the recruitment process, (ii) blacklist you from further engagement with the agency, and (iii) notify relevant industry bodies, agencies, or professional blacklisting forums of such conduct. Any step taken under (ii) or (iii) is subject to clause 13.2.

13.2) Before the Agency takes any step under clause 13.1(ii) or 13.1(iii), the Agency will notify the Client in writing of the conduct concerned and the Client may respond in writing within 10 Business Days. The Agency will only take that step if, after considering the Client’s response, it has reasonable grounds to believe the conduct occurred. Any disclosure to a third party will be limited to what is accurate, necessary and lawful, and will be made in accordance with POPIA. This clause does not apply where the Agency reasonably believes that immediate disclosure is necessary to protect the safety of a Candidate or a child.

14) Consumer Protection Act: the Client’s rights

14.1) If the Agency does not perform a service to the standard required by section 54, the Client may require the Agency to remedy any defect in the quality of the service performed, or to refund a reasonable portion of the price paid, having regard to the extent of the failure.

15) Acknowledgement of limitation, indemnity and risk terms

15.1) This clause is included to comply with section 49 of the CPA, which requires that any provision limiting the Agency’s risk or liability, constituting an assumption of risk or liability by the Client, or imposing an obligation on the Client to indemnify the Agency, must be drawn to the Client’s attention in a conspicuous manner and form, before the Client enters into the agreement, and must be specifically acknowledged by the Client.

15.2) THE CLIENT’S ATTENTION IS SPECIFICALLY DRAWN TO THE FOLLOWING CLAUSES, WHICH LIMIT THE AGENCY’S LIABILITY, PLACE RISK ON THE CLIENT, OR REQUIRE THE CLIENT TO INDEMNIFY THE AGENCY:

15.2.1) clause 4.1 (no warranty as to Candidate attributes);

15.2.2) clause 4.2 (Candidate under the Client’s supervision and control);

15.2.3) clause 4.3 (Client’s indemnity for employment-related claims);

15.2.4) clauses 4.5 and 4.6 (total liability capped at two times the Agency Placement Fees paid);

15.2.5) clause 4.7 (exclusion of indirect and consequential loss);

15.2.6) clause 5.5 (risk of allowing a Candidate to start before background check results are returned);

15.2.7) clauses 7.2, 8.2, 8.3 and 9 (circumstances in which the Replacement Guarantee is forfeited and no refund is payable); and

15.2.8) clause 12.1 (Client’s indemnity in respect of Candidate information).

15.3) The Client confirms that the Agency drew these clauses to the Client’s attention before the Client accepted these terms, that the Client had an adequate opportunity to read them and to ask for an explanation, and that the Client understands and accepts them. The Client initials the acknowledgement on the acceptance page to confirm this.

16) Complaints and dispute resolution

16.1) If the Client is dissatisfied, the Client should first raise the complaint in writing with the Agency at charne@apeo.co.za and the Agency will respond within 10 Business Days.

16.2) If the complaint is not resolved, the Client may, in accordance with sections 69 and 70 of the CPA, refer the matter to an alternative dispute resolution agent, to the Consumer Goods and Services Ombud, to the applicable provincial consumer affairs authority, or to the National Consumer Commission, and may thereafter approach the National Consumer Tribunal or a court with jurisdiction.

16.3) Nothing in these terms requires the Client to give up the right to approach a court, an ombud, the National Consumer Commission or the National Consumer Tribunal.

Acceptance by the Client

I, the undersigned, confirm that I have read and understood these Terms and Conditions, that they were made available to me before I accepted a Candidate for interview, and that I accept them. I agree to pay the full Agency Placement Fee upon the employment of a Candidate and upon the extension of any fixed-term contract.