Terms and Conditions – Family
PLACEMENT AGREEMENT between JOZI CARES AU-PAIRS PROPRIETARY LIMITED (“Jozi Cares”) and THE EMPLOYER (“the Employer”)
1. BACKGROUND
1.1. Jozi Cares provides recruitment and placement services of au-pairs, babysitters and tutors to provide the services referred to in its list of available services attached to this agreement/on Jozi Cares’ website;
1.2. The Employer requires a candidate to provide some of these services and wishes to engage Jozi Cares to place a suitable candidate, on the terms and conditions contained in this agreement.
2. APPOINTMENT
2.1. The Employer appoints Jozi Cares to source and place a suitable candidate to provide the services checked in the list of available services at the times indicated in the list.
2.2. The Employer must register with Jozi Cares by completing the online registration form or submitting a paper registration form to Jozi Cares.
2.3. Upon registration, the Employer must pay a registration fee of R______ (“the registration fee”).
3. RECRUITMENT AND PLACEMENT
3.1. As soon as the Employer has registered and paid the registration fee, Jozi Cares will commence the process of matching the Employer with a suitable candidate.
3.2. Jozi Cares will use its best endeavors to check candidates’ references and backgrounds (including criminal records). However, Jozi Cares will not be held responsible by the Employer for false, misleading or incomplete information furnished to it by any candidate, referee or other source of information.
3.3. Jozi Cares will submit resumes of prospective candidates whom it considers suitable for the Employer’s requirements to the Employer for consideration. The Employer must notify Jozi Cares which prospective candidate(s) he/she wishes to interview. Jozi Cares will then arrange the interviews.
3.4. If the Employer wishes to employ a Candidate, he/she must notify Jozi Cares and Jozi Cares will negotiate the terms of the Candidate’s employment between the Employer and the Candidate. In view of the fact that Jozi Cares deals with multiple employers, it cannot guarantee that a candidate will remain available for any period after the interview.
3.5. The Employer may not attempt to circumvent Jozi Cares by negotiating and contracting directly with a Candidate or by referring a candidate’s particulars to a third party who requires services; such third party must be referred to Jozi cares. If an Employer breaches this term, he/she will pay Jozi Cares a penalty of double the placement fee that Jozi Cares would have charged the Employer if Jozi Cares had facilitated the conclusion of the contract of employment.
3.6. The Employer must keep all information provided to him/her by Jozi Cares confidential and may not disseminate it or use it for any purpose other than considering the Candidate’s suitability for employment.
3.7. Jozi Cares will keep all information provided to it by the Employer confidential and will not disseminate it or use it for any purpose other than identifying and recruiting suitable Candidates.
4. PLACEMENT FEES
4.1. The Employer will pay Jozi Cares placement fees according to Jozi Cares’ fee formula, annexed to this agreement/posted on Jozi Cares’ website.
4.2. The registration fee paid by the Employer will be deducted from or credited toward a permanent placement fee. However, if the Employer does not employ any Candidate introduced by Jozi Cares, the registration fee will not be refundable to the Employer.
4.3. The Placement fee is due and payable by the Employer to Jozi Cares within 5 business days after the Employer and the Candidate have signed an employment contract or before the Candidate commences employment, whichever occurs first. For the avoidance of doubt, no Candidate will commence work for any Employer until the placement fee has been paid in full.
4.4. If the Employer repudiates a contract of employment with a Candidate by cancelling it before the Candidate is due to commence work, the Employer must pay, as liquidated damages:
4.4.1. to the Candidate, 50% of the remuneration that the Candidate would have earned during the first month of employment; and
4.4.2. to Jozi Cares, the entire placement fee that would have become due to Jozi Cares in respect of the placement.
4.5. Failure by the Employer to pay the Placement fee on its due date will constitute repudiation and guarantee will become null in void.
4.6. If the Employer re-employs a Candidate after the expiry of a fixed term contract, the Employer must notify Jozi Cares and must pay Jozi Cares a placement fee in respect of the renewal of the contract, calculated according to Jozi Cares fee formula.
4.7. All payments due by the Employer to Jozi Cares must be paid by electronic funds transfer or direct deposit into Jozi Cares’ banking account.
5. CONTRACTUAL RELATIONSHIPS
5.1 Although Jozi Cares facilitates the negotiation and conclusion of the contract of employment, the resulting contract is between the Employer and the Candidate, acting as principals.
5.2. Accordingly:
5.2.1 all rights and obligations under the resulting contract of employment shall be as between the Employer and the Candidate;
5.2.2 Jozi Cares shall not be liable to compensate the Employer for any act or omission of the Candidate; and
5.2.3 the Employer indemnifies Jozi Cares against any claims that any Candidate may make against it as a result of any act or omission of the Employer.
6. GUARANTEES
6.1. If:
6.1.1. a Candidate fails to take up his/her employment with the Employer;
6.1.2. a Candidate and the Employer are found to be objectively incompatible within 1 month after the employment commencement date; or
6.1.3. a Candidate was placed as a permanent placement and resigns within 3 months after the employment commencement date then Jozi Cares will use its best endeavors to place a replacement Candidate with the Employer
6.2. Any refund offered by Jozi Cares will be on a replacement of candidate basis only and not a refund of monies. This is only applicable to permanent placements.
7. DISCLAIMER
Jozi Cares will not be liable for any losses or damages suffered by the Employer or his/her child(ren) arising from any act or omission, whether innocent, negligent or intentional, committed by any candidate interviewed or employed by the Employer.
8. GENERAL
8.1. The Employer may not cede his/her rights or assign his/her obligations under this agreement to any third party.
8.2. No amendment of this agreement will be of any force or effect unless in writing and signed by both parties.
8.3. This document constitutes a binding agreement between the Employer and Jozi Cares. Jozi Cares signifies his/her acceptance of the terms and conditions contained in this document by:
8.3.1. signing a paper copy hereof; or
8.3.2. checking the appropriate block on Jozi Cares’ website.
