Terms and Conditions and Schedule of Fees for Families

This agreement is hereby entered into between “Au Pair Extraordinaire”

(Hereinafter referred to as “the Agency”) and

“The Client”

(Hereinafter referred to as “the Client”)

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’s acceptance of a Candidate for an interview will be deemed acceptance by the Client of the terms and conditions as stated herein, regardless of whether this Agreement has been accepted online or signed. Should the Client employ a Candidate, whether on a part-time, fulltime or contract basis (without limitation), and regardless whether the position the Candidate is appointed to is the position for which the Agency introduced the Candidate to the Client, the Client agrees and hereby undertakes to pay Agency the full fee as set out herein. This clause will similarly apply in the event of the Candidate being appointed by the Client within 1 (one) year of Agency’s introduction of the Candidate to Client, whereupon the fees will be due and payable by the Client to Agency.

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.

3)    Client Obligations:

3.1)  The Client endeavours to pay the Agency placement fee once a Candidate has accepted an offer of employment either verbally or in writing, within 3 (three) days from date of invoice.

3.2)  Clients are required to notify the Agency immediately on engagement of a Candidate. The Client endeavours to 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 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) 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.

4)    Indemnity:

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.

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 while the Candidate is performing duties or while travelling in a car with the children.

4.3)  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.

5)    Agency fees:

5.1) The Agency 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)   Agency fees will be calculated at 11% (eleven percent) of gross annual income plus VAT (comprising monthly salary and agreed upon babysitting additional hours in the school holidays, overtime etc.)

5.2.2)   All permanent placements have a minimum placement fee of R4000. 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 purposes of invoicing.

5.2.3)   Temporary Placements (with definite starting and ending dates): The Agency will only place Candidates in fixed-term contracts if there is no possibility that the candidate will be required to work after the contract expires. The agency reserves the right to start sending candidates on interviews with new families one month prior to the final date of the fixed term contract. If the Candidate lives with the Client, an amount of R 1500-00 will be added to the candidate’s gross monthly income for every month they are employed (maximum 12 months) for purposes of invoicing. If the Client is entering into a fixed term contract and the Client wishes to extend with the Candidate beyond the original contract term, a full premium permanent placement fee will be charged. This fee needs to be settled immediately.

5.2.4)  Seven – Twelve months: Agency fees 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: Agency fees 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: Agency fees 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: Agency fees will be calculated at 25% (twenty five percent)of gross income plus VAT with a minimum placement fee of R2500 plus VAT.

5.3)  Babysitting

5.3.1)  The once-off babysitting 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 is calculated at R100-R120 per hour up to midnight and R120-R140 per hour thereafter.

5.3.2)   The Agency 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 R3500 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)  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’s introduction fee at the rates shown in the current schedule of fees within 3 days of the date of the invoice. No Candidate shall be permitted to commence work with the Client until all Agency fees have been paid in full.

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

5.6)  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 Au Pair Extraordinaire placement fees for BOTH positions offered to the Candidate (i.e. the Client will be invoiced for a placement fee for the morning position AND a placement fee for the afternoon position).

5.7)  Interest charged at 15% (fifteen percent) per month will be added to all fees not paid within 28 days of the date of the Agency invoice. 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 fully liable for all costs incurred as a result of this.

6)    Replacement guarantee:

6.1)  The guarantee is valid only if the full placement fee had been paid to the Agency within 3 (three) days of presentation of the invoice to the Client.

6.2)  For placements lasting twelve months or longer: a six-month guarantee period is granted, beginning the day the candidate begins working for the Client.

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

6.4)  For placements lasting three to six months, a one-month 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.

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 placement fee as invoiced for that candidate. This fee will be payable within three working days.

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 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 Labor 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 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) No refund of the difference in placement fee will be paid by the Agency to a Client if a replacement Candidate accepts a lower package than the original Candidate.

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.

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.

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 legislation periods applicable.

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 your personal information may be disclosed by Au Pair Extraordinaire in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

I have read, fully understand and accept these terms and conditions and schedule of fees of Au Pair Extraordinaire. I understand that by engaging with the process and interviewing  Au Pair Extraordinaire candidates I agree to the Agency’s terms and conditions and agree to pay the full placement fee upon the engagement of a Candidate, and upon extension of a fixed term contract.