1. DEFINITIONS
“Agency” shall mean SitSnapp.
“The Client” shall mean you, the family client, accommodation provider, hotel, concierge service, restaurant, business or other person or legal entity making use of The Agencies services to procure a professional child care provider on an adhoc basis or on-demand basis either for themselves 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 either for service directly 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, qualified teacher or Early Childhood Development (ECD) qualified Service Providers or other professional person referred to the Client by the Agency.
“SitSnapp” shall mean any service contracted and delivered under SitSnapp’s 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.
“SitSnapp GuestCARE” services are available in Cape Town and within 100km of the listed Service Areas only to Hotels, Guest Houses, Concierge Services and Restaurants for on-demand bookings of babysitters and childcare providers.
“SitSnapp PrivateCARE” Services are available in Cape Town and within 100km of the listed Service Areas only to private families for on-demand bookings of babysitters and childcare providers.
“SitSnapp PlayCARE” Services are available in Cape Town and Gauteng and within 100km of the listed Service Areas only to Hotels, Guest Houses and Restaurants for on-demand bookings of babysitters and childcare providers
“SitSnapp CorpCARE” Services are available in Cape Town and Gauteng and within 100km of the listed Service Areas only to corporates for on-demand bookings of babysitters and childcare providers
“SitSnapp EventCARE Services are available in Cape Town and Gauteng and within 100km of the listed Service Areas for on-demand bookings of childcare providers.
“Booking” shall mean a Booking made by a Client for the use of Service Provider Services.
2. ENGAGEMENT
2.1 You hereby request SitSnapp services from SitSnapp to procure professional childcare for yourself, your employee, company, guests or otherwise on the terms and conditions set out below.
2.2 No Contract shall subsist unless waived by SitSnapp, until the Quote and Booking form is completed and signed by the Member, it’s representatives or Non-Member, is received by SitSnapp whereupon SitSnapp and the Client shall be deemed to have entered into a legally binding Contract as set out on the Terms and Conditions herein and any related service specific terms and conditions.
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 SitSnapp Terms and Conditions of Service constitute the entire agreement between you and SitSnapp with respect to the use of this website, SitSnapp Service as described herein and all associated services.
2.12 The Client declares that the Client nor Guest on behalf of whom the Client is booking is not a competitor Agency.
2.13 The Client and the Client’s Guests, Employees or other associate are solely responsible for the Clients own interactions with Service Providers.
2.14 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 required to make the booking.
2.15 Agency fees are determined by the Clients selected service options and vary depending on whether the Client is a SitSnapp Club Member or using the service as a Non-Member on an on-demand basis.
2.16 The Client nor the Clients Guests may contact a Service Provider directly under any circumstances.
2.17 The Client shall keep all Service Providers’ details strictly confidential and not pass such details onto a third party.
2.18 The Client nor the Clients Guests may contact a Service Provider directly under any circumstances.
2.19 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 in order to request the booking.
2.18 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.
2.19 The Agency’s failure to enforce any right or provision in these SitSnapp Terms and Conditions of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these SitSnapp Terms and Conditions of Service.
2.20 If a court should find that one or more rights or provisions set forth in these SitSnapp Terms and Conditions of Service are invalid, the Client agrees that the remainder of the SitSnapp Terms and Conditions of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
2.21 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.
2.23 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.SitSnapp.com to ascertain our latest SitSnapp Terms & Conditions.
3. SERVICE
3.1 After submitting a request and on receipt of payment confirmation from the Client or its Guests, SitSnapp will source and match the Clients outlined child care needs with one or more of our qualified and available Service Providers that most closely match the clients needs on an on-demand basis to meet the Clients or the Clients Guests in our Service Areas as described in section 4 herein.
3.2 The Agency will recommend the top Service Provider available to cater to the Clients or Clients Guests needs.
3.4 The minimum Booking is 4 hours or the equivalent rate of 4 hours of Service Provider fees quoted.
3.5 Advanced notice is always preferred.
3.6 When the suitable Service Provider or Service Providers are sourced, SitSnapp will email or WhatsApp the Client or their Guest a confirmation message with a short bio and a photo of the Service Provider to confirm for booking.
4. SERVICE AREAS
4.1 GuestCARE and PrivateCARE services are available within a 20km radius from the following centres and service is offered up to 100km from these centres at an additional transport fee:
Cape Town Service Centres:
* Cape Town (CBD)
* Constantia
* Durbanville
* Stellenbosch
* Tableview
4.2 PlayCARE, EventCARE and CorpCARE are additionally also available within a 20km radius from the following centres and service is offered up to 100km from these centres at an additional transport fee:
Gauteng Service Centres:
* Sandton
* Lonehill
* Roodepoort
* Benoni
* Bedfordview
* Northcliff
* Midrand
* Centurion
5. NOTICE REQUIRED FOR BOOKINGS
5.1 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.
5.2 Silver, Gold, or Platinum GuestCARE Members may;
5.2.1 make use of and request SitSnapp Service with 3 or more hours notice from the time of receipt of proof of payment, if the Client is based within 20km radius of the Service area centres as specified in section 3 herein subject to availability.
5.2.2 make use of and request SitSnapp Service with 1 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 centres as specified in section 5 herein.
5.3 Bronze GuestCARE Members, Non-Members, PrivateCARE, and PlayCARE Members may;
5.3.1 make use of and request SitSnapp Service with 6 or more hours notice from the time of receipt of proof of payment or payment notification if they are based within 20km radius of the Service Areas as specified in Section 3 herein.
5.3.2 make use of and request SitSnapp Service with 1 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 centres as specified in section 3 herein.
5.4 EventCARE Members may;
5.4.1 make use of and request SitSnapp Service from up to 5 staff with 2 or more working days notice.
5.4.2 make use of and request SitSnapp Service from 5 to 10 staff with 4 or more working days notice.
6. SUITABILITY OF SERVICE PROVIDERS
6.1 The Agency shall use its best endeavours to ensure that the Service Providers presented to the Client are suitable for the Client’s needs, but expressly gives no warranty whatsoever that the Service Provider will be suitable.
7. PRICING
7.1 The Agency reserves the right to vary these fees at any time.
7.2 MEMBERSHIP FEES
7.2.1 GUESTCARE MEMBERSHIP
7.2.1.1 SitSnapp offers GuestCARE Clients 4 membership as described in the Table 1 below, with the outlined benefits and pricing
7.2.1.2 By joining the SitSnapp GuestCARE Club, the Member agrees to participate in the SitSnapp Club for a period of twelve (12) months from date of application approval.
|
Bronze |
Silver |
Gold |
Platium |
|
|
Priority Bookings |
||||
|
Shorter Request Completion |
||||
|
Discounts and Savings |
||||
|
Credit line | Speed up Bookings |
||||
|
Branded Booking Form |
||||
|
Kickbacks |
· |
|
· |
· |
|
Once Off | Setup | Application |
Free |
R 1000 |
R 3500 |
R 4500 |
|
Annual Fees |
Free |
R 500 |
R 1200 |
R 1500 |
Table 1
7.2.1.2 GUESTCARE MEMBERSHIP BENEFIT DEFINITIONS
7.2.1.2.1 Priority Bookings: As little as 3 hours from our service centres.
7.2.1.2.2 Shorter Request Completion: No need to recomplete information on file.
7.2.1.2.3 Discounts and Savings: Discount: R 50 – R 100 discount on the booking fees, *dependent on the number of bookings made in a particular month.
7.2.1.2.4 Credit line | Speed up Bookings: Deduct payment from your clients account on their behalf and process payment to us weekly on the closest Monday or Friday following the making of the booking or bookings.
7.2.1.2.5 Branded Booking Form: Personalised booking form in the members branding.
7.2.1.2.6 Kickbacks:
7.2.1.2.6.1 Savings on Discounted Fees may be passed onto your Guests or held as a processing and booking fee.
7.2.1.2.6.2 Free inclusions in our monthly Client and staff newsletters for Club Members and via our Instagram Accounts for Members promotions.
7.2.2 PRIVATECARE MEMBERSHIP
7.2.2.1 PrivateCARE membership is currently free, giving members access to a swifter booking process, and regular discounts and specials.
7.2.3 PLAYCARE membership
7.2.3.1 PlayCARE membership is currently free, giving members access to a swifter booking process, and regular discounts and specials.
7.2.4 EVENTCARE MEMBERSHIP
7.2.4.1 PlayCARE membership is currently free, giving members access to a swifter booking process, and regular discounts and specials.
7.2.5 CORPCARE MEMBERSHIP
7.2.5.1 Initial Telephonic Consultation: Free
7.2.5.2 uptake Consultation and Assessment: R 5000 – R 50 000 depending on company size.
7.2.5.3 Registration Fee
7.2.5.3.1 The registration fee is a once off fee paid per employee registered
7.2.5.3.2 Minimum registration: R 5000 for up to 10 employees
7.2.5.3.3 Additional Registration Fee: R 500 per employee registered
7.2.5.4 Monthly Agency Service Fees:
7.2.5.4.1 The monthly agency service fee, provides each covered employee to make up to 3 bookings per month without additional Booking Fee cost.
7.2.5.4.2 3 – 10 staff: R 620 per employee per month
7.2.5.4.3 11 – 20 staff: R 540 per employee per month
7.2.5.4.4 21 – 30 staff: R 520 per employee per month
7.2.5.4.5 31 – 40 staff: R 480 per employee per month
7.2.5.4.6 40 staff + : R 400 per employee per month
7.3 BOOKING FEES
7.3.1 The Booking Fees cover the Agency’s work in setting up the Booking.
7.3.2 The Booking Fee is non-refundable and is due for each Booking or Service Provider booked per Booking made and processed.
7.3.3 The Booking Fee is valid per Service Provider per Booking for the marketing of a Booking, collecting and reviewing applications for the Client or their Guests specific needs as requested by the Booking Member or its representatives and time in presenting such options.
7.3.4 Once presented, the Client is under no obligation to book the presented Service Provider or Service Providers, however in this case, the Booking fee is still due and payable by the Client. 7.3.5 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 reregistered, in which case a new invoice for the new Booking including a new Booking Fee will be issued on completion of the request form.
7.3.6 With the exception of CorpCARE members, the standard booking fee is R 350.00 (ZAR) per Booking per Service Provider booked with more than 1 working days notice from receipt of our Booking form.
7.3.6.1 Silver, Gold and Platinum GuestCARE Members, PlayCARE and EventCARE Members will pay reduced Booking Fee depending on how many Service Providers bookings have been made in a particular month. The following reduced fees shall apply per booking per service provider booked with more than *1 working days’ notice:
• 1 -5 bookings: 350.00 (ZAR)
• 6 – 10 bookings: R 300 (ZAR)
• 11+ bookings: R 280 (ZAR)
7.3.6.2 *Please note Saturday/Sunday bookings are viewed as a ‘booking day’ as are bookings made on a public holiday or 6pm the night before a public holiday.
7.3.7 A R 150.00 (ZAR) surcharge is charged for sick care when the care of a sick child is required.
7.3.8 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.
7.4 SERVICE PROVIDER FEES
7.4.1 The Agency Booking Fee does not include the Service Provider Fee.
7.4.2 The Service Provider fees are charged per hour, half hour rates do not apply.
7.4.3 If a Service Provider works more than 15 minutes into an hour, the full hour will be charged.
7.4.4 Service Provider Fees are calculated depending on your requirements as follows:
|
Care Required |
Rate |
|
1 child over 6 years old |
R 120 p.h |
|
Per additional child over 6 yrs old |
add R 30 p.h |
|
1 child under 6 yrs old |
R 140 p.h |
|
Per additional child under 6 yrs old |
add R 40 p.h |
|
On a public holiday |
Double Rates |
|
From 6pm before public holidays |
Double Rates |
|
Night Nurses (12 hours) 1 child |
R 950 |
|
Night Nurses per additional child over 6 yrs old |
Add R 360 |
|
Night Nurses per additional child under 6 yrs old |
Add R 480 |
|
24 hour booking |
R 2 400 |
|
24 hour booking per additional child over 6 yrs old |
Add R 720 |
|
24 hour booking per additional child under 6 yrs old |
Add R 960 |
|
Special Needs (Requiring Specialist Assistance) |
Add R 75 p.h |
|
Substitute Play Group Assistant (Senior) |
Add R 130 p.h |
|
Substitute Play Group Assistant (Junior) |
Add R 60 p.h |
|
Chaperone (Outings for Children) 1 child |
Add R 40 p.h |
Table 2
7.5 TRANSPORT | OTHER FEES
7.5.1 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;
7.5.2 Chaperones transport fees are charged at R 5 p/km from pick up to drop off.
7.5.3 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.
7.5.4 The Agency reserves the right to vary these fees at any time.
8. PAYMENTS
8.1 Payments must be made promptly.
8.2 With the exception of Silver GuestCARE Members, Platinum GuestCARE Members or their Guests, to confirm a Booking, the Client 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.
8.3 For Silver GuestCARE and Platinum GuestCARE Members, 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.
8.4 For Silver and Platinum GuestCARE Members, 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.
8.5 For Bookings made between Friday and Sunday, any overtime, or other fees due which have not yet been paid, must be paid by the Client to the Agency on or before the closest Monday after the Booking.
8.6 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.
8.7 The Client agrees that Service will not take place or be processed until the fees as set out herein have been paid.
8.8 If Service does take place before the Fees have been paid, and payment is not received as outlined herein, the Agency will have the right to obtain full payment of all fees and any legal costs incurred in obtaining such fees from the Client, and will not be obliged to perform any further booked services as specified in this contract.
8.9 Silver and Platinum GuestCARE Club Member Payment Obligations
8.9.1 By joining as a Silver GuestCARE Club or Platinum GuestCARE Club Member SitSnapp extends a line of credit on a week by week basis, paid twice weekly, on a Friday and a Monday.
8.9.2 Silver GuestCARE Club or Platinum GuestCARE Club Members agree that by Booking on behalf of a Guest, to;
8.9.2.1 inform the Guest of pricing prior to processing of a request.
8.9.2.2 to debit and hold the full Booking, Service Provider and other Fees 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.
8.9.2.3 The member agrees to debit their Guest’s credit or debit card upon completion and approval by their Client of the fees quoted.
8.9.2.4 The Member agrees that the Booking fee is never refundable and is due whether the Booking is completed or cancelled; and undertakes to pass this information onto its Guests before confirmation of booking.
8.9.2.5 The Member agrees that all terms regarding cancellations will be explained by the member at the time of Booking to its Guests.
8.10 The Client agrees to pay any invoices due on receipt of invoice.
8.11 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.
8.12 If an amount remains delinquent 30 days after its due date, an additional 10% per month will be charged.
8.13 The fees due for service are shown under Section 7 above.
9. CANCELLATION AND REFUND POLICY
9.1 Should the placement of a Service Provider be cancelled after confirming a service request but before the Booking takes place, the Booking Fee a shall still be payable within 3 working days of the Client having cancelled the processed Booking.
9.2 If a Booking is cancelled more than 48 hours before the Booking, 50% of the quoted or charged Service Provider Fee shall still be payable by the Client within 3 working days of the Client having cancelled the assignment else; the booking fee and 50% booked Service Provider Fees per candidate booked per booking shall be deducted from the fees paid, and the residue shall be refunded to the client within 10 working days of cancellation or may be kept as a credit for future Bookings.
9.3 If a Booking is cancelled less than 48 hours before the Booking, 100% 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 else; the booking fee and Service Provider Fees shall be deducted from the fees paid, and the residue shall be refunded to the client within 10 working days of cancellation or may be kept as a credit for future Bookings.
9.4 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.
9.5 In cases where a Service Provider falls ill or is involved in an accident or other medical emergency and the Agency is unable to source a replacement the Agency the Service Provider and any Transport Fees as described in Section 7.4 or 7.5 above shall be refunded to the client within 10 working days of cancellation or may be kept as a credit for future Bookings.
9.5. COVID | ILLNESS RELATED CANCELLATIONS
9.5.1 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.
9.5.2 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 50% of the Service Provider Fee shall be due and payable.
9.5.3 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.
9.6 If a member of a paid GuestCARE SitSnapp Club Membership wishes to cancel their membership, the paid membership and or other application/setup fees shall be forfeit and are not refundable.
10. REPLACEMENT POLICY
10.1 The Agency reserves the right to provide a similarly experienced and educated replacement Service Provider in cases of illness, or other emergencies.
10.2 The Agency will inform the Client and/or the Clients Guests in case of replacement
10.3 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.
10.4 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.
10.5 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 50% 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.
11. CONFIDENTIALITY
11.1 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.
11.2 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.
11.3 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 the Agency from receiving a placement fee by The Agency, The Agency shall be entitled to collect a placement fee of a minimum of R 5000 or the equivalent of 1 months salary offered to the employed Service Provider, whichever is higher, 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.
12. LONG TERM ROLE CONVERSION FEES
12.1 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.
13. SHORT TERM ROLE CONVERSION FEES
13.1 If the Client would like to make a short term (90 days or less) offer of employment to the Service Provider the Client agrees to abide by the Terms and Conditions as set out in the Sitters4U SwiftCARE Terms and Conditions of Service(LINK).
14. INFORMATION, DAMAGES AND INDEMNITY
14.1 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. 14.2 The Agency is not responsible for losses or damages suffered by either the Service Provider or the Client. 14.3 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. 14.4 The Agency has relied on such information in good faith and has passed on such information to the Client in good faith.
14.5 The 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. 14.6 In the event that the Service Provider suffers any loss, injury or damage arising out of her employment with the Client, 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. 14.7 The Agency is not responsible for providing insurance or any payroll taxes and has no employment relationship with the Service Providers provided.
14.8 The Client declares that the Client is not an Agency or competitor Agency and is using this service in the outlined capacity for the selected service. 14.9 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 collect a placement fee of a minimum of R 5000 or the equivalent of 1 months salary whichever is higher offered to the employed Service Provider 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.
15. GENERAL
15.1 This document embodies the whole agreement between the Client and the Agency.
15.2 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.
15.3 Neither party shall be bound by any express or implied term, representation, warrant, promise or the like not recorded in this contract.
15.4 No indulgence granted by the Agency to the Client shall be deemed to be a waiver of any of rights of the Agency.
15.5 If at any time after an initial meeting between a Client, their Guest and a Service Provider referred by the Agency becomes either directly or indirectly employed by the Client or their Guest, and the Client or Guest does not notify the Agency or does not pay the appropriate fee as stipulated in these terms in section 12 and 13 above, the Agency shall be entitled to collect a placement fee of a minimum of R 5000 or the equivalent of 1 months salary whichever is higher, 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.
15.6 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, and that the Agency shall be entitled to collect a placement fee of a minimum of R 5000 or the equivalent of 1 months salary offered to the employed Service Provider, whichever is higher, 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 should they do so.