Client Terms and Conditions
In this document;
“Agency” shall mean SitSnapp.
“The Client” shall mean you, the accommodation provider, hotel, concierge service or restaurant or your representatives making use of The Agencies services to procure a professional child care provider on an adhoc basis or on-demand basis either for themselves, for playzone childcare assistance or on behalf of a Guest as a Member or Non-Member.
“Member” Shall mean any Client or representatives of a Client who has joined the SitSnapp Club in order to take advantage of discounted pricing and emergency booking services either for service at their premises or on behalf of their Guests.
“Non-Member” Shall mean any Client who is not a Member of the SitSnapp Club.
“Service Provider” shall mean a Pre-Vetted professional childcare or other professional person referred to the Client to fulfil the required needs as requested by the Client or its representatives in our online quote and Booking request form.
“SitSnapp” shall mean any service contracted and delivered under the SitSnapp service range as described herein.
“Guest” shall mean any guest of the Client on whose behalf the Client or its representative makes a SitSnapp Booking.
“Booking” shall mean a Booking made by a Client for the use of Service Provider Services.
2.1 No Contract shall subsist unless waived by The Agency, if a booking form is not completed and signed by the Client, it’s representatives or Non-Member is received by The Agency whereupon The Agency and The Client shall be deemed to have entered into a legally binding Contract on the Terms and Conditions set out herein and any relevant service specific terms and conditions.
2.2 You hereby request The Agency services from Sitters4U to procure professional childcare for yourself, the Company you represent or for your Guests on the terms set out below.
2.3 Using this website and its associated services constitutes your acceptance of these SitSnapp Terms and Conditions of Service and creates a binding legal agreement.
2.4 All legal issues arising from or related to the use of this site or SitSnapp’s services shall be construed in accordance with the laws of South Africa.
2.5 Exclusive jurisdiction for any claim or dispute against SitSnapp resides in the courts of South Africa.
2.6 These The Agency Terms and Conditions of Service constitute the entire agreement between you and SittSnapp with respect to the use of this website, SitSnapp Service as described herein and all associated services.
2.7 The Agency Services are available in Cape Town and surrounds only, to Hotels, Guest Houses, Concierge Services and Restaurants.
2.8 The Client declares that the Client and the Client’s Guests is not a competitor Agency.
2.9 The Client and the Client’s Guests are solely responsible for the Clients own interactions with Service Providers.
2.10 The Client shall be responsible for the provision and accuracy of any information necessary for the Agency to perform the Service and guarantees that it has ascertained and confirmed the accuracy of information from its guests when Booking on behalf of it’s guests.
2.11 Agency fees are determined by the Clients selected service options and vary depending on whether the Client is a The Agency Club Member or using the service as a Non-Member on a once off or as-required basis.
2.12 Should the Client or the Client’s Guests request or otherwise arrange to make use of the services of a Service Provider they have met through the Agency or referred to them by a Service Provider they have met through the Agency, the Client and/or the Client’s Guest or Guests must inform the Agency immediately.
2.13 The Client shall keep all Service Providers’ details strictly confidential.
2.14 The Agency shall keep the Client and the Client’s Guests details strictly confidential except where details are required to be passed to Service Providers or for other legal or emergency reason.
2.15 The Agency reserves the right to make changes to the Service as deemed necessary or desirable.
2.16 The Agency’s failure to enforce any right or provision in these The Agency Terms and Conditions of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these The Agency Terms and Conditions of Service.
2.17 If a court should find that one or more rights or provisions set forth in these The Agency Terms and Conditions of Service are invalid, the Client agrees that the remainder of the The Agency Terms and Conditions of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
2.18 The Agency reserves the right to make changes to the Service as deemed necessary or desirable and may, in its sole discretion, change this agreement or any part thereof at any time without notice.
2.19 The Agency reserves the right to vary these Terms & Conditions at any time in order to comply with legislative requirements or changes in the Agencies pricing or policies. Please visit www.sitters4u.co.za to ascertain our latest The Agency Terms & Conditions.
3. SERVICE AREAS
Our Service Areas include a 50km radius from the following centres:
- Cape Town (CBD)
4.1 Sitters4U will provide professional childcare services on a once off or on-demand basis to our Clients in our service areas as described in section 3 contained herein.
4.2 The minimum Booking is 4 hours or the equivalent of 4 hours of Service Provider fees.
4.3 Advanced notice is always preferred.
4.4 Bookings may be made from Monday to Friday; 09h00 to 16h00, for any day of the week, depending on the type of Service Provider required to start a Booking between 05h00 and 21h00.
4.5 Following confirmation that the Client either verbally, in writing or otherwise, would like to go ahead in with a Booking and authorising the Agencies Service Providers to gauge their interest in the position the Member or their Guests require a Booking.
4.6 Once a Booking is made, this task will be performed with the intention of receiving applications for the position offered; by vetted Service Providers, most closely matching the Member or their Guests requirements.
4.7 This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth shall apply to the initial term and all renewals.
5.1 On receipt of a request to register applications will be scrutinised by a Director for compliance prior to acceptance.
5.2 Membership is strictly extended only at the Agencies full discretion.
6. MEMBERSHIP BENEFITS
Members receive the following benefits,
6.1 Lower Service Provider Rates
6.2 Lower Booking Rates
6.3 Same day Booking in immediate Service Areas as described in section XX
6.4 Optional: Include a specialized and branded Booking Form which will give Members Guests pricing tailored to the Members preferences regarding pricing and savings and whether they would like these savings passed onto the Client or to reserve this as an administrative fee, in part or in whole, with a custom offsite link for the Members Guests.
6.5 Free inclusions in our monthly Client and staff newsletters for Club Members and via our Instagram Accounts for Members promotions.
7. MEMBER OBLIGATIONS
7.1 By joining the Club, the Member agrees to participate in the The Agency Club for a period of twelve (12) months from date of application approval.
7.2 By joining as a Member Sitters4U extends a line of credit on a week by week basis, paid twice weekly, on a Friday and a Monday.
7.3. The Member agrees that by Booking on behalf of a Guest, to;
7.3.1 inform the Guest of pricing prior to processing of a request.
7.3.2 to debit and hold the full Booking Fee due as quoted on completion of the completed quote request, to bill and charge their Guests credit card for the Booking or Bookings as requested in the completed form, to make and process a request for service.
7.3 The Member agrees that the Booking fee is not refundable and is due whether the Booking is completed or cancelled and undertakes to pass this information onto its Guests.
7.4 Additionally all terms regarding cancellations will be explained by the member at the time of Booking to its Guests.
8. SITTERS4U OBLIGATIONS
8.1 After submitting a request Sitters4U will match the Clients child care needs with one of our qualified and available sitters, i.e. a professional pre-vetted Service Provider who will have experience working with the same or similar ages and numbers as those requiring care, else those available qualified teachers or Early Childhood Development (ECD) qualified Service Providers as required for Playzone Care.
8.2 The Agency will recommend the top Service Provider available to cater to the Clients needs.
8.3 When the suitable Service Provider is assigned Sitters4U will email or WhatsApp the Client and the Member a confirmation message with a short bio and a photo for confirmation.
8.4 In order to assist our Members Sitters4U will provide a digital PDF or JPG flyer showcasing a description of The Agency services, as well as specifying the terms and conditions of service, cancellations and reimbursements important for them to know.
8.4.1 Such information will be provided by PDF or JPG format informational sheet.
9. NOTICE REQUIRED FOR BOOKINGS
9.1 Non-Members may;
9.1.1 not make same day requests. Same day requests are not available for Non-Members.
9.1.2 make Bookings and process payment for a Booking on an upcoming weekend, at latest Thursday at 14h00.
9.1.3 make use of and request The Agency Service with 1 or more working days notice from the time of receipt of proof of payment, if they are based within 20km radius of the Service area centers as specified in section 5 herein.
9.1.4 make use of and request The Agency Service with 2 or more working days notice from the time of receipt of proof of payment, if they are based more than a 20km radius of the Service Area centers as specified in section 5 herein.
9.2 Members may;
9.2.1 make use of and request The Agency Service in our active areas for same Bookings with as little as 6 hours notice, if they are based within 20km radius of the Service Area centers as specified in section 5 herein.
9.2.2 make use of and request The Agency Service in our active areas if they are based more than 20km radius of the Service Area centres as specified in section 5 herein, with a minimum of 1 working days notice.
10.1 Membership Fees
10.1.1 The Agency Membership is available to all accommodation providers, concierge services and restaurants in Cape Town and within a 50 km radius of our service areas specified in section 3 herein.
10.1.2 Membership fees are R 3600.00 (ZAR) per annum valid from the first Booking date for 12 months, invoiced annually.
10.1.3 The Membership fee is due on approval of registration as a Member.
10.1.3 No Member Bookings will take place or be authorised until proof of payment of the registration fee has been received.
10.1.4 If Membership Based Service is processed before payment is received, the Agency will have the right to obtain full payment of fees and any legal costs incurred in collecting the Membership Fee due together with any fees as outlined herein.
10.2 Booking Fees
10.2.1 The Booking Fees cover the Agency’s work in setting up the Booking.
10.2.2 The Booking Fee is non-refundable and is due for each Booking or Service Provider booked per Booking made and processed.
10.2.3 The Booking Fee is valid per person per Booking for the marketing of the job, collecting and reviewing applications for the Clients specific needs as requested by the Booking Member or its representatives and time in presenting such options.
10.2.4 Once presented the Client is under no obligation to book the presented profile or profiles, however in this case, the Booking fee is still due and payable by the Client.
10.2.5 Should changes to the job description, hours, requirements or rate be submitted after a Booking has been booked and paid for and processed by the Agency, the job will need to be re-requested, in which case a new invoice for the new Booking will be issued on completion of the request form.
10.2.6 Membership Booking Fees
10.2.6.1 The Member agrees to debit their Guest’s credit card as the Agency set-up/Booking fee upon receipt of the Booking request. This fee covers the Agency’s work in setting up the visit.
10.2.6.2 R 350.00 (ZAR) per Booking per Service Provider booked with more than 1 working days notice from receipt of our Booking form.
10.2.6.3 A R 150.00 (ZAR) surcharge is charged for sick care when the care of a sick child is required.
10.2.6.4 A R 150.00 (ZAR) surcharge is charged for same day requests, and requests made after 4:00 P.M, the evening before a Booking day (Please note Saturday/Sunday Bookings are viewed as a ‘Booking day’ in this case), and for Bookings made on a public holiday or for Bookings which will run after 6pm the night before a public holiday.
10.2.7 Non-Membership Booking Fees
10.2.7.1 R 500.00 (ZAR) per Booking per Service Provider booked with more than 1 working days’ notice from the time of receipt of full payment for the Booking required.
10.2.7.2 A R 150.00 (ZAR) surcharge is charged for sick care.
10.2.7.3 A R 150.00 (ZAR) surcharge is charged for requests with 1 to 2 working days’ notice, and requests made after 4:00 P.M, the day after the next, the next being the Booking day (Please note Saturday/Sunday Bookings are viewed as a ‘Booking day’ in this case), and for Bookings made on a public holiday or for Bookings which will run after 6pm the night before a public holiday.
10.8 Service Provider Fees
10.8.1 The Agency Booking Fee does not include the Service Provider Fee.
10.8.2 The Service Provider rates are charged per hour, half hour rates do not apply.
10.8.3 If a Service Provider works more than 15 minutes into an hour an additional hour will be charged.
10.8.4 Service Provider Fees are calculated depending on your requirements as follows:
10.9 Transport Fees
10.9.1 Getting to the Booking address is charged at R 5 p/km (charged to and from) for every kilometre over 20km away from the CBD’s specified in section 3 herein;
10.9.2 Chaperones transport fees are charged at R 5 p/km from pick up to drop off.
10.9.3 Valet Parking Fees: Valet/parking costs are paid by the Client to the child carer or the hotel management/concierge is required to add this to be deducted from the Guests credit card.
10.10 The Agency reserves the right to vary these fees at any time
11.1 Payments must be made promptly.
11.2 The Client agrees that no service will be rendered without proof of payment.
11.3 The Client agrees to pay any invoices due within 3 working days of receipt of invoice.
11.4 Delinquent bills will be assessed a R 300.00 (Three Hundred)(ZAR) if payment is not received within 3 working days of the date on the invoice.
11.5 If an amount remains delinquent 30 days after its due date, an additional 10% per month will be charged.
11.6 The fees due for service are shown under Section 10 above.
11.7 Non-Member Payments
11.7.1 To confirm a Booking, a Non-Member must pay the full Booking fee, Service Provider fee, and any other fees service fee quoted in order to make a request for service and for service to be processed. The Client agrees that Service will not take place until the fees as set out herein have been paid.
11.7.2 If Service does take place before the Agency Booking Fee has been paid, the Agency will have the right to obtain full payment of fees and any legal costs incurred in obtaining such fees from the Client, and will not be obliged to perform the services as specified in this contract.
11.7.3 For Bookings made between Friday and Sunday, any overtime, or other fees due must be paid by the client to the Agency before or on the closest Monday after the Booking.
11.7.4 For Bookings made from Monday to Thursday, any overtime child carer fees must be paid by the Booking hotel or concierge service to the Agency on or before the closest Friday after the Booking.
11.8 Member Payments
11.8.1 The Membership fee must be paid in full prior to the Member being able to access or make use of Member discounted rates for Bookings or discounted Service Provider Fees.
11.8.2 The Member agrees to pay the full Booking fee and child carer fees together with any overtime or other fees, for Bookings made over a weekend on or before the closest Monday after the Booking.
11.8.3 The Member agrees to pay the full Booking fee and child carer fees together with any overtime or other fees, for Bookings made over a week day on or before the closest Friday after the Booking.
12. CANCELLATION AND REFUND POLICY
12.1 Should the placement of a Service Provider be cancelled after confirming the Booking of a Service Provider but before the Booking takes place, the Booking Fee a shall still be payable within 3 working days of the Client having cancelled the Booking.
12.2 If a Booking is cancelled more than 48 hours before the Booking, 50% of the quoted fees equivalent of 4 hours worth of the quoted or charged Service Provider Fees shall still be payable by the Client within 3 working days of the Client having cancelled the Booking.
12.3 If a Booking is cancelled less than 48 hours before the Booking, 100% of the quoted fees equivalent of 4 hours worth of the quoted or charged Service provider fees shall still be payable by the Client within 3 working days of the Client having cancelled the assignment.
12.4 Member Cancellations
12.4.1 For Members Booking on behalf of a Guest, the Member will be responsible for deducting cancellation payment from their Guests, and making payment of the minimum Service Provider Fee (4-hour minimum as booked) at the required payment date as specified herein.
12.4.2 For Bookings which would have taken place on Monday to Thursday, cancellation fees must be paid to the Agency on or before the closest Monday after the Booking.
12.4.3 For Bookings which would have taken place on Friday to Sunday, cancellation fees must be paid to the Agency on or before the closest Monday after the Booking would have taken place.
12.5 Non-Member Cancellations
12.5.2 In the case of cancellations where the Client does not process payment of the required Cancellation Fees, the Agency reserves the right withhold payments previously made to the Agency in lieu of payment of these fees as the Agency fees and secedes any payment of fees due above these to the Service Provider booked by the Client with such fees as due to the Service Provider still outstanding becoming due and payable by the Client.
12.5.3 For Non-Members, the 4-hour minimum fee will be deducted against paid fees and the residue refunded within 10 working days or may be kept as a credit for future Bookings.
12.6 Covid Related Cancellations
12.6.1 The Agency does not provide guarantees against changes in lock-down levels or Clients or their children contracting Covid, which may result in cancelled Bookings.
12.6.2 Where a Booking has already been confirmed, but not yet initiated, which has to be cancelled due to covid related legislative changes or illness, the Booking Fee together with the equivalent of 4 hours of service per Booking cancelled.
12.7 In the case of cancellations where the Client does not process payment of the required Cancellation Fees, the Agency reserves the right withhold payments previously made to the Agency in lieu of payment of these fees as the Agency fees and secedes any payment of fees due above these to the Service Provider booked by the Client with such fees as due to the Service Provider still outstanding becoming due and payable by the Client.
13. REPLACEMENT POLICY
13.1 The Agency reserves the right to provide a similarly experienced and educated replacement Service Provider in cases of illness, or other emergencies of a booked Service Provider.
13.2 The Agency will inform the Client and/or the Clients Guests in case of replacement
13.3 Should the Service Provider initially engaged be replaced by The Agency and such replacement Service Provider receive a higher rate than the previously booked Service Provider, the Client will be required to pay to The Agency, the difference in the fees due, upon the terms and conditions set out in this agreement as well as any increased amount in the ongoing service plan.
13.4 Should the Client not wish to make use of the replacement provided by The Agency, The Agency shall no longer be responsible for the replacement and will be entitled to all applicable cancellation fees as described in these terms.
13.5 Should the Agency not be able to present a replacement Service Providers within an hour of the Booking start time then The Agency shall, at the sole discretion of The Agency, refund the Client up to a maximum of 100% of the Service Provider Fee. This policy is only applicable where a Client has paid fees timeously within 3 days of invoice, and where the Clients requirements and times specified have not changed from the original request of the Client and due notice has been provided.
14. SUITABILITY OF SERVICE PROVIDERS
14.1 The Agency shall use its best endeavors to ensure that the Service Provider s presented to the Client are suitable for the Client’s needs, but expressly gives no warranty whatsoever that the Service Provider will be suitable.
15.1 The Client hereby undertakes to treat all information supplied by The Agency about a Service Provider as confidential and not to pass such information on to any third party, unless required to do so in order for the Service Provider to carry out his or her duties to the Client.
15.2 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 Service Provider 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.
15.3 Should a Service Provider 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 10.4 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 R20 000 (Twenty Thousand)(ZAR) and any legal costs incurred by The Agency when collecting this fine.
16. LONG TERM ROLE CONVERSION FEES
16.1 If the Client would like to make a long term (90 days or longer) offer of employment to the Service Provider the Client agrees to pay a once off placement fee equivalent to 1 months’ salary of the Service Provider or R 5000, whichever is higher.
17. SHORT TERM ROLE CONVERSION FEES
If the Client would like to make a short term (90 days or less) offer of employment to the Service Provider the Client agrees that such service will be delivered by Sitters4U.co.za and agrees to abide by the Terms and Conditions as set out in Sitters4U.co.za’s SwiftCARE Placement Terms as set out at this link.
18. INFORMATION, DAMAGES AND INDEMNITY
18.1 The Agency disclaims any and all liability for any loss, damage, costs or expenses suffered by the Client, directly or indirectly, arising from the Service Providers’ employment with the Client.
18.2 The Agency is not responsible for losses or damages suffered by either the Service Provider or the Client.
18.3 In selecting Service Providers for listing, the Agency has relied on the information supplied by the Service Provider, and the information obtained from references supplied by the Service Provider.
18.4 The Agency has relied on such information in good faith and has passed on such information to the Client in good faith. The 11.5 Agency shall bear no liability whatsoever for any loss or damage suffered by the Client, directly or indirectly, arising from the Service Provider’s employment with the Client.
18.6 In the event that the Service Provider suffers any loss, injury or damage arising out of her employment with the Client, the
18.7 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 Service Provider or by any other person.
18.8 The Agency is not responsible for providing insurance or any payroll taxes and has no employment relationship with the Service Providers provided.
18.9 The Client declares that the Client is not an Agency or competitor Agency and is using this service in a private capacity only, for the service specified in this contract.
18.10 Should the Client use this service, the Client agrees that, should a Service Provider introduced to the Client by the Agency, enter into any contract of employment whatsoever, directly or indirectly, notwithstanding that such employment would exclude the Agency from receiving a registration/listing and/or placement fee, the Agency shall be entitled to fine the Client a sum of R 20 000.00 (Twenty Thousand)(ZAR), the fee that would have been due for placement as per sections 16 and 17 herein and any legal costs incurred by the Agency when collecting this fee.
19.1 This document embodies the whole agreement between the Client and the Agency.
19.2 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 the Agency.
19.3 Neither party shall be bound by any express or implied term, representation, warrant, promise or the like not recorded in this contract.
19.4 No indulgence granted by the Agency to the Client shall be deemed to be a waiver of any of rights of the Agency.
19.5 If at any time after an initial meeting between a Client and a Service Provider referred by the Agency becomes either directly or indirectly employed by the Client, and the Client does not notify the Agency or does not pay the appropriate fee as stipulated in these terms the Client agrees to pay the Agency the Agency Booking Fee or Placement Fee as outlined in section 4 or section 5 above together with a fine of R 20 000.00 (Twenty Thousand)(ZAR), and agrees to be responsible for any legal costs incurred by the Agency in collecting such fees.
19.6 The Client understands that by agreeing to these terms and conditions the Client may not employ any friends or relatives of the Service Providers sent to them by the Agency.