Terms & Conditions
The terms and conditions serve as a contract between Sitters Co ("the agency") and the client for the placement services rendered by the agency to the client. Sitters Co undertakes to use their skills and knowledge to seek a suitable candidate for the client.
Sitters Co acts as an intermediary between clients and candidates.
By interviewing a Sitters Co candidate, you agree to the fee structure and terms & conditions, as well as the 6–month or short term exclusivity agreement. If the candidate is employed within 6 months or less of the initial introduction, the full placement fee will be due to Sitters Co.
A R5 000 penalty fee is due and payable should a client or any subsidiary of associated family or friend of the client engage or re-engage any of our candidates referred to them by Sitters Co within a period of (6) six calendar months from the date of introduction or termination.
Using a third party to recruit a candidate in order to avoid paying fees will result in a similar charge.
All information and documents exchanged between Sitters Co and the client will be kept confidential and are the property of Sitters Co. The client agrees to protect the confidentiality of the data provided by the company and not to share it with any third parties.
At all times after engagement, the client is responsible for supervising, controlling and looking after the candidate. Sitters Co does not employ the candidate directly or indirectly, and therefore cannot be held liable for any damage, loss or expense caused by the candidate‘s negligence or shortcomings while they are performing duties or travelling in a car with the children.
It is the client’s responsibility to ensure that a contract of employment is in place between them and the candidate. Sitters Co can provide assistance with this process. However, the client must make sure to check the suitability of the candidate before offering the position – the final decision rests with them. Sitters Co will take all reasonable steps to ensure the candidate is suitable.
If the client passes on an introduction to a third party which results in the engagement of the candidate by that third party, the client will be responsible for paying Sitters Co fees as if the candidate had been engaged by the client. This amount must be paid immediately.
Sitters Co will submit profiles of prospective candidates it considers suitable for the client‘s requirements to the client for consideration. The client must notify Sitters Co which prospective candidate(s) they wish to interview, and Sitters Co will then organise the interview between the client and the candidate.
If the Client wishes to employ a Candidate, they must notify Sitters Co and Sitters Co will assist with the employment contract between the Client and the Candidate. However, due to the fact that Sitters Co deals with multiple Clients, it cannot guarantee that a Candidate will remain available for any period after the interview.
Sitters Co reserves the right to change or add to these terms and conditions without prior notification; however, any changes will be posted on this website. It is the client‘s responsibility to check these terms and conditions regularly for any changes. Continuing to use the site and our services after a change has been made signifies the client‘s acceptance of the changes.
If the client cancels the contract prior to the start date for any reason after the placement has been confirmed and the candidate has accepted the position, the client will not be refunded the placement fee amount already paid to cover work already carried out by Sitters Co.
Should the candidate cancel the contract prior to start date for whatever reason, the Sitters Co will endeavour to arrange a replacement and propose an alternative suitable candidate.
Sitters Co Quality Guarantee extends for a period of 3 months from the start date. If during this period a candidate decides to leave their family, Sitters Co undertakes to replace the candidate free of charge, provided that the placement fee was paid in full within 5 days of the date of the initial invoice. Any refund offered by Sitters Co will be on a replacement of candidate basis only, and not a refund of funds. This is only applicable to permanent placements.
If Sitters Co is not given the opportunity to replace a candidate and/or make alternative arrangements via another source, this guarantee will be regarded as having been completely void, and no fees will be credited.
A refund will also not be given if the client no longer wishes to hire a candidate, for whatever reason.
The client must inform Sitters Co immediately if they wish to employ a candidate.
If the client breaches the terms contained in the employment contract between the client and the candidate, or violates corresponding labour and/or civil/federal laws (including but not limited to violence against children, violence against candidate, insulting or threatening the candidate, or providing an unsafe or hazardous work environment), and the candidate terminates their employment contract with the client, Sitters Co will not be held responsible for the acts or omissions of the candidate and will not provide the client with a replacement candidate.
Please Note that Sitters Co Quality Guarantee specifically excludes:
- Unfair dismissal
- Illness and death
- Breach of employment contract by the employer
Sitters Co will offer replacements only if the following conditions have been satisfied:
- The client has paid for the placement fee in full within 5 days from the invoice date and prior to the candidate’s start of employment.
- The candidate has not cancelled the employment due to unreasonable requirements or unacceptable behaviour by the client.
- The client has not changed the employment conditions, such as working hours, location of employment and duties as originally agreed by the candidate and client in contract.
- The client was not physically or verbally aggressive towards the candidate or Sitters Co’s representative.
- The client paid the candidate, for all the hours worked, according to the agreed salary as per contract.
- If the client advises the agency to look for a replacement candidate and then finds a new candidate via another source, Sitters Co will not offer any further replacements.
Interviewing a candidate from Sitters Co will indicate acceptance of both the fee structure and terms & conditions. Additionally, Sitters Co candidates are covered by a 6–month exclusivity agreement, which provides that in the event of a candidate being employed within 6 months of the initial interview, the full placement fee will become immediately payable to Sitters Co.
Once both the client and candidate have accepted and agreed upon all terms and conditions of employment, either verbally or in writing, a Placement Fee Invoice will be issued and the placement fees will be due.
No candidate shall be allowed to remain employed by the client unless all Placement Fees have been settled in accordance with our terms and conditions.
If the placement fee is not paid within 5 days of being placed, a late payment penalty of R50.00 per day will be applied until the fees are settled.
If I fail to make payment on the due date, I understand that the full capital, costs and interest will become due and payable immediately without further notice. The Creditor’s rights against me will not be waived even if they accept any late payment from me.
The placement fee is required in full before the candidate can commence working with the client.
Payment of all placement fees must be made via bank transfer to Sitters Co within 5 days of the candidate‘s acceptance and prior to the commencement of their employment.
Once the client has approved the candidate, the candidate has accepted the offer of employment, and the candidate is due to start or has started employment, the placement fee is non-refundable. This agreement does not have to be in writing; it is sufficient that the parties have agreed and confirmed their commitment to Sitters Co by phone, WhatsApp, or email. Please refer to the “Replacement” section of the terms and conditions for more information.
If a client wants to hire a candidate whose profile has already been sent by Sitters Co, the client must pay the placement fee to our agency in recognition of our role in introducing the candidate. The placement fee is owed to Sitters Co as the agency that first submitted the profile with the candidate‘s permission to release their details for the specific vacancy.
Sitters Co acts as an intermediary only and is not the employer.
The client must be certain of the suitability of the candidate before hiring them; Sitters Co cannot be held responsible if the candidate turns out to be unsuitable.
By submitting the registration form to the agency, the client agrees to the terms and conditions regardless of whether the form and/or conditions are signed or not.
Sitters Co shall not be held liable for any inconvenience, damage to property, loss of personal injury, or death resulting from any act or omission of any applicant introduced by the agency, regardless of whether it was negligent, fraudulent, or dishonest.
Sitters Co will provide details of candidates who possess a valid driver‘s license; however, the agency cannot guarantee their driving ability.
Sitters Co cannot guarantee that a candidate will abide by the predetermined duration of their stay or engagement with the client.
Once a permanent placement has been accepted by the client, all employer rights and responsibilities under South African labour law are transferred to the client, including any applicable deductions and payments for UIF, PAYE, Workmen‘s Compensation and leave entitlements.
The client acknowledges that pursuant to the Labour Relations Act 66 of 1995, any candidate who is placed with the same client for more than 3 months is deemed an employee of that client, regardless of the arrangement between the parties.
Should any candidate challenge the terms and conditions of their employment with the client or the termination thereof after the client has entered into an employment agreement with the respective candidate, the client will have no claim against Sitters Co in respect of any dispute referrals pertaining to such challenge.
These terms and conditions are covered by South African Law and all disputes arising out of or in connection therewith shall be subject to the jurisdiction of the South African courts.
Registration for Unemployment Insurance Fund (UIF) and Pay-As-You-Earn (PAYE) tax are compulsory, but it is the client’s own responsibility.
By submitting this registration/application form, the client accepts the agency‘s terms and conditions, regardless of whether this document has been signed in full.