Terms and Conditions of Listing
1. DEFINITIONS
In this document;
The “Agency” shall mean SitSnapp.
The “Client” shall mean the party making the booking for themselves or their guests, in order to make use of The Agencies services to source on-demand childcare or any party to whom The Agency refers a Service Provider.
“Service Provider” shall mean, any party, who has applied with the Agency, who has been document checked, has been thoroughly interviewed and personally telephonically reference checked by the Agency who meets or exceeds the Agencies requirements for listing as described at this link and has been approved by the Agency.
2. GENERAL TERMS
2.1 SitSnapp is under no obligation to register or list a Service Provider.
2.2 SitSnapp reserves the right to remove a Service Provider from listing at any point in time.
2.3 SitSnapp does not guarantee placement.
2.4 SitSnapp has no direct employment relationship with the Service Provider.
3. SERVICE PROVIDER GENERAL OBLIGATIONS
3.1 The Service Provider shall provide accurate and complete information, to the best of the Service Providers knowledge, in any and all application forms and communication.
3.2 The Service Provider accepts that any information provided by the applicant may be investigated by the Agency and by any possible Clients.
3.3 The Service Provider shall, under no circumstances, be under the influence of drugs or alcohol while working for any Client of the Agency.
3.4 The Service Provider shall declare all income to the appropriate Authorities and is responsible for payment of any and all taxes due by the Service Provider to such authorities, which will be paid either directly to the Service Provider by the Clients the Service Provider is placed with for employment by the Agency or any amounts paid by a Client to the Agency to be paid to the Service Provider for any period of employment with a Client.
4. CONFIDENTIALITY
4.1 The Service Provider undertakes to treat all information supplied by the Agency about or by a Client as strictly confidential and not to pass such information on to any third party, unless strictly required in order for the Service Provider to carry out the Service Providers obligations to the Client. Should the Service Provider pass on such information to any third party or break confidentiality, directly or indirectly, the Service Provider agrees that the Agency shall be entitled to collect a fine based fee from the Service Provider of R5 000 (Five Thousand) (ZAR) for each individual violation, together with any fees and legal costs incurred by the Agency when collecting this fine and may be removed and banned permanently from further applications.
4.2 Service Providers understand that should a Client that they have met or been introduced to through the Agency or who has been referred to other Clients through Clients they have met through the Agency contacts the Service Provider, the Service Provider must always first contact the Agency to report this, explain to the Client to contact the Service Providers Agency in order to request their services and to report the booking request to the Agency.
4.3 Should a Service Provider introduced to the Client by the Agency enter into any other employment arrangement through a Client, directly or indirectly, such an arrangement or request must be reported by the Service Provider to The Agency. The Service Provider agrees that failure to do so will lead to immediate dismissal from listing. Furthermore the Service Provider agrees that the Agency shall be entitled to collect a fine based fee from the Service Provider of R5 000 (Five Thousand) (ZAR) for each violation, together with any fees and legal costs incurred by the Agency when collecting this fine and may be removed and banned permanently from further applications.
5. INFORMATION, DAMAGES AND INDEMNITY
5.1 In selecting Service Providers, the Agency has relied on the information supplied by the Service Provider and the information obtained from references supplied by the Service Providers.
5.2 The Agency has relied on such information in good faith and has passed on such information to the Client in good faith.
5.3 The Agency shall bear no liability whatsoever for any loss or damage suffered by a Service Provider, directly or indirectly, arising from a Service Providers employment with a Client.
5.4 In the event that the Service Provider suffers any loss, injury or damage arising out of his or her employment with a Client, the Service Provider 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.
6. FIRST AID COURSE
6.1 All Vetted Service Providers responsible for the care of a child should hold a current valid Level 1 or higher SAQA approved First Aid course certificate.
6.2 In order to be accepted as a Vetted or Listed Service Provider, the Service Provider must produce a valid current first aid certificate or sign up to complete a course through a registered course provider before being listed as a Vetted Service Provider.
7. DISCLAIMER
The Agency does not accept any responsibility and/or liability in terms of any information or misrepresentation concerning a Client, nor shall it be liable for any loss or damage incurred or suffered by a Service Provider, resulting from any act or omission of a Client or Service Provider, whether accidental, intentional or through negligence.
8. JOBS
8.1 All roles in which the Agency manages the role for bookings. SitSnapp roles are available to Vetted and Approved Staff Only.
8.2 SitSnapp is the Agencies exclusive babysitting service available only to hotels, boutique accommodation providers, guest houses, concierge desks and restaurants.
8.3 Through SitSnapp, clients receive recommendations of strictly pre-vetted professional Service Providers, meeting and exceeding our minimum requirements as listed here.
8.4 From our already established database of Service Providers, the Agency will provide only the top pre-screened applying Service Providers best meeting our clients childcare Zone, or guests families needs.
9. AVAILABILITY
9.1 SitSnapp Roles will be marketed to our Service Providers at the Agency rate after the deduction of the recruitment fee, which ranges between and 25% and 30% of the fee quoted to the Client, which is in line with Recruitment law.
9.2 By applying for a marketed role, the Vetted Service Provider agrees to thoroughly review the job role to insure that they are happy with the offered booking rate, and will be 100% sure of their availability for the times required by the booking.
9.3 It is the Service Providers choice to apply for positions the Service Provider is notified of by the Agency.
9.4 If the Service Provider responds to a notification for a position, the Service Provider expresses interest in the Position. The Service Providers application for a job is an agreement to avail themselves for the job should the Client select them for booking. Not doing so is grounds for removal from listing.
9.5 Please note that by communicating interest in a position that the Service Provider understands that they are requesting to apply for the job.
10. NOTIFICATIONS
Services Providers will be notified of new positions via WhatsApp Broadcasting.
10.1 It is the Service Providers sole responsibility to insure that the Agencies WhatsApp number is saved to their phone in order to receive WhatsApp broadcasts.
10.2 If the Service Provider is not interested or unsure of their availability for a job, the Service Provider agrees not to apply for the job.
10.3 The Service Provider will receive information with regards to the general area in which the position is based, the age and number of the children, time, rate and date range of the position, as well as a list of key duties, requirements to apply and an application code relevant only to that job.
10.4 The provided application code must be used in all communication regarding the role.
11.INTERVIEWS
11.1 SitSnapp roles are generally placed based on recommendations provided by the agency and the Clients preference in which case the Service Provider will not be interviewed by the family but accepted for the applied role and informed of the confirmation by the Agency.
11.2 SitSnapp Clients may however opt to interview a Service Provider before accepting them for a role. This will be arranged online, hosted by the Agency.
11.3 It is the Service Providers responsibility to check that they have received all the information you are required to know about the family and the position they are being interviewed for in order to be present and on time for the interview.
11.4 If the Service Provider does not receive this information at least 24 hours in advance, message via WhatsApp to +27 74 806 7227.
12. INTERVIEW RULES
By accepting an interview, the Service Provider agrees to;
12.1 be on a computer or laptop to facilitate a Zoom based interview with access to high speed ADSL or fibre connection.
12.2 be introduced to the Client by a representative of the Agency and left to chat to the family for around 20 – 40 minutes.
12.3 the interview being recorded for our records and in order to provide advice on the Service Providers interview performance going forward.
12.4 under no circumstances, provide theAgencies Client, or a guest of their Client, or anyone met or introduced to them through the Agencies Client with their contact details.
12.6 under no circumstances may the Service Provider agree to a ’trial’ with the Agencies Client, or a guest of their Client, or anyone met or introduced to them through the Agencies Client.
12.7 Under no circumstances may the Service Provider negotiate or initiate negotiations regarding rate with the Agencies Client. By applying for the role, the Service Provider has already agreed to the rate provided by the Agency and this is not negotiable.
12.8 If the Client asks for a trial or the Service Providers contact details; the Service Provider agrees to refer the Agencies Client to speak to the Agency.
13. RATES
13.1 Rates for SitSnapp roles are not negotiable and are provided at the time of marketing of such a role and are quoted monthly or hourly.
13.2 Rates for SitSnapp roles are paid at a 25% to 30% lower than the rate quoted and paid by the Client as per the standard deductible recruitment fees which recruitment Agencies are allowed to charge its recruited Service Providers in South Africa.
13.3 By accepting the quoted Agency rate, the Service Provider agrees to this difference in fees.
14. TRAVELING
14.1 The Service provider is solely responsible to cover their petrol to and from work except where the Agency includes a petrol cover in the job description at the rate provided.
14.2 If the Service Provider uses the Service Providers own vehicle for errands beyond driving to and from work, made at the Client request, petrol is paid for over and above the rates paid to the Service Provider for services rendered at the rate provided by the agency at the time it was marketed.
14.3 It is the Service Providers responsibility to track their kilometers for each trip made, to be added to the Service Providers Time Sheet.
14.4 It is the Service Providers responsibility to submit their time-sheet timeously on the last day of service, or on the last day of each month of service prior to leaving the job on the last day of work to insure that the Agency can provide the Client with the amount due prior to leaving on the last day. If the Service provider does not provide this timeously as described herein, the Service
14.5 Provider that the Agency is under no obligation to collect this fee on behalf of the Service Provider or for roles which extend beyond one month accepts that payment for such fees will be delayed until received by the Agency in order to pass such fees onto the Service provider when it is paid by the Client.
15. SERVICE DELIVERY EXPECTATIONS
RULES OF SERVICE
15.1 As all SitSnapp services are short term in terms of South African employment laws, the Service Provider agrees to be responsible for the reporting of income and payment of all tax and/or other payments required by law to the relevant bodies to which they are due.
15.2 Once an offer of acceptance of the Service Providers application is received from the Client the Agency will relay this to the successful Service Provider.
15.3 Full details of the role including a time sheet and disciplinary guideline which is to be read in conjunction with these terms and conditions as contained herein.
15.4 The time sheet is to be completed on each occasion of attendance at the assigned role, together with any kilometres travelled as required in section
8 herein and signed by the client.
15.5 It is the Service Providers responsibility to ensure the Agency receives a copy of this time sheet on a weekly basis or on completion of the position, whichever comes first in order to bill the Client timeously. The Service Provider understands that late provision of time sheets may result in
16. PAYMENTS
16.1 For positions where the Service Provider is required to work for less than 30 days, payment will be processed to your provided account details on the Friday following the week of completion; weeks running Friday to Friday, in which the position was concluded if the Service Provider has submitted their timesheet as described in section 8.5 and 8.6 in herein and the Client has paid all outstanding fees timeously; or ;
16.2 In the case of roles which extend beyond 1 calendar month in duration, payment will be processed on the last working Friday following your first completed month of service if the Service Provider has submitted their timesheet as described in section 8.5 and 8.6 in herein and the Client has paid all outstanding fees timeously.
16.3 Should a Client that the Service Provider has met through the Agency attempt to or make contact through any means, with the Service Provider, if the placement has not yet been confirmed by the Agency, the Service Provider agrees to immediately let the Agency know of this transgression. Should it be found that the Service Provider fail to inform the Agency, The Service Provider agree that the Agency shall be entitled to collect a fine based fee from the Service Provider of R15 000 (Fifteen Thousand) (ZAR) for each violation, together with any fees and legal costs incurred by the Agency when collecting this fine.
16.4 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 registration, placement fee or role conversion fee as set out in accordance with these terms and conditions, The Agency shall be entitled to a collect a fine based placement fee from the Service Provider equivalent to the 30% of the wages received by the Service Provider for the period of employment and an additional fine based fee of R15 000 (Fifteen Thousand) (ZAR) for each violation.
17. APPLICATION | ANNUAL FEES
17.1 The Service Provider agrees that upon their first booking, or on the 6 month anniversary of the candidates approval for listing with Sitters4U, a fee of R 500 will be deducted from the Service Providers first booking to contribute to the cost of their application processing.
17.2 The Service Provider agrees that a fee of R 350 will be deducted off their first SitSnapp booking as a maintenance fee. This fee will be deducted off the Service Providers first booking, 12 months after the Sitters date of approval for listing and every 12 months thereafter.
18. RELEASE AND INDEMNITY AGREEMENT
18.1 This document contains the whole agreement between the parties.
18.2 No variation, amendment, deletion or addition to these terms and conditions shall be valid unless in writing and signed by the parties.
18.3 Neither party shall be bound by any express or implied term, representation, warrant, promise or the like not recorded in this contract.
18.4 No indulgence granted by the Agency to the Service Provider shall be deemed to be a waiver of any of rights ofthe Agency.
19. AGREEMENT
In order to list with the Agency you declare that you, the Service Provider have read, accepted and agreed to all of the terms and conditions of listing as stated herein.