PLACEMENT AGREEMENT between JOZI CARES AU-PAIRS PROPRIETARY LIMITED (“Jozi Cares”) and THE AU PAIR (“the Au-pair”)
1.The Au-pair applies to be placed on Jozi Cares’ database of Au-pairs and domestic child service providers. The Au-pair must indicate the services that he/she is able to provide (“the services”) and the times when he/she is available to perform them in the list of services attached to this agreement/on Jozi Cares’ website.
2. The Au-pair warrants to Jozi Cares that
2.1. all information that he/she has provided is true and correct;
2.2. he/she has never been convicted of any offence relating to dishonesty or assault (including sexual assault).
2.3. he/she is physically and psychologically equipped to provide the services to children of a prospective employer; and
2.4. there is no reason why he/she should not be appointed to provide any of the services to children of a prospective employer.
3. The Au-pair irrevocably consents to Jozi Cares:
3.1. checking his/her references;
3.2. conducting a check on any criminal record data; and
3.3. providing prospective employer with copies of his/her CV and any information obtained by Jozi Cares relating to the Au-pair.
4. Jozi Cares will assess whether the Au-pair is suitable for the provision of the services before submitting his/her details to a prospective employer. If Jozi cares determines that the Au-pair is not suitable for the provision of the services:
4.1. it shall notify the Au-pair of the reasons for the conclusion;
4.2. its decision shall be final and no correspondence will be entered into; and
4.3. the agreement between Jozi Cares and the Au-pair will forthwith be terminated.
5. Jozi Cares will use its best endeavors to place the Au-pair in employment with an employer to provide some or all of the services. Jozi Cares does not warrant that it will place the Au-pair and will not be liable to compensate the Au-pair if no position is found for him/her.
6.The Au-pair agrees to submit to interviews with prospective employers.
7. If an employer wishes to engage the services of the Au-pair, the employment contract must be facilitated by Jozi Cares. The Au-pair agrees that:
7.1. he/she will not circumvent Jozi Cares by contracting directly with any prospective employer where Jozi Cares introduced the Au-pair and the prospective employer to each other. This restriction shall remain in force for 2 years after Jozi Cares submitted the Au-pair’s information to the prospective employer; and
7.2. he/she will not commence working for an employer until Jozi Cares has confirmed that the employer has paid their placement fee in full.
8. The Au-pair expressly agrees that he/she will not this agreement does not create a contract of employment or agency between Jozi Cares and the Au-pair. Accordingly:
8.1. once the Au-pair has been placed, all rights and obligations under the resulting contract of employment shall be as between the Au-pair and the employer;
8.2. Jozi Cares shall not be liable to compensate the Au-pair for any act or omission of the employer, including (but not limited to) failure to pay salaries or unfair dismissal, but, in the event of unfair dismissal, Jozi Cares will use its best endeavors to find the Au-pair an alternative placement; and
8.3. The Au-pair indemnifies Jozi cares against any claim that may be made against it by an employer as a result of anything done by the Au-pair.
9. Notwithstanding the contents of 8, the placement of the Au-pair is pursuant to a contract between Jozi Cares and the employer. Accordingly, Jozi Cares shall have the right to withdraw the Au-pair from an employer and terminate the contract of employment in the event of the employer’s breach of his/her contract with Jozi Cares.
10. Although the Au-pair is not employed by Jozi Cares, his/her conduct reflects on Jozi Cares by virtue of his/her placement by Jozi Cares. Accordingly, it is an express term of the Au-pair’s placement with an employer that:
10.1. he/she conducts him/herself in a professional, sober and morally exemplary manner at all times when meeting prospective employers or providing services to an employer;
10.2. he/she obeys all laws, including, without limitation, traffic laws, while performing duties to the employer;
10.3. he/she carries out his/her duties responsibly and punctually;
10.4. he/she does not use illegal drugs at any time or use alcohol while performing duties;
10.5. he/she does not smoke while performing duties, unless the employer has given permission for this.
11. If an employer terminates the Au-pair’s employment due to a breach of 10:
11.1. the Au-pair shall be removed from Jozi Cares’ list of prospective candidates.
12. This contract is personal between the Au-pair and Jozi Cares. The Au-pair may not cede any of his/her rights or assign any of his/her obligations under this agreement to any person.
13. No variation to this agreement between Jozi Cares and the Au-pair will be valid unless in writing and signed by both parties.
14.This document constitutes a binding agreement between Jozi Cares and the Au-pair. The Au-pair irrevocably signifies his/her acceptance of the terms and conditions contained in this document by:
14.1. signing a paper copy hereof (please find PDF agreement); or
14.2. checking the appropriate block on Jozi Cares’ website.