TERMS & CONDITIONS

ABC Au Pairs Terms and Conditions

The Client hereby engages ABC Au Pairs to render services subject to the following Terms and Conditions.

Registration Fee

  • A registration fee of R270.00 will be added to the recruitment fee invoice once the placement is finalized.  Interviewing the candidates are at no cost. The fee becomes payable once placement is confirmed.
Bank Account Details:
Account Name: ABC Au Pairs
Standard Bank
Account Number - Current Account: 20 060 012 5
Branch Code: 01 12 45

Recruitment fee

  • This fee is payable in full before services commence.
Upon finding a suitable Au Pair the placement fee is calculated as follows:
Au Pair's Monthly salary x 12 months (to get annual salary) x 10%

TEMPORARY PLACEMENT

Should you require an Au Pair for less than 6 months, then we charge an upfront once-off placement fee of 20% of the Au Pair's salary for the period. Should you require an Au Pair for more than 6 months but less than 12 months, then we will charge an upfront once-off placement fee of 15% of the Au Pair's total salary for that period.
  • A R20,000.00 (Twenty thousand Rand) fee is due and payable should a client or any subsidiary of associated family or friend of the client engage or re-engage any Au Pair referred to them by the ABC Au Pairs within a period of 6 (six) calendar months from the date of introduction or termination without having paid the placement fee to ABC Au Pairs.
  • The Client must inform ABC Au Pairs immediately if they wish to employ an Au Pair. A R20,000.00 (Twenty thousand Rand) fee is due and payable should any Au Pair referred by ABC Au Pairs be employed by a client on any terms whatsoever which excludes the agency's involvement, within 1 year of the original introduction by ABC Au Pairs.
  • The fees above are not negotiable.
  • Legal action will be taken against the Client in the event that the Client does not pay ABC Au Pairs prior to the agreed start date of the respective Au Pair. The Client will be held responsible for both the outstanding fees and legal costs.

Contract of Employment

  • The final decision to accept a candidate remains with the Client. The Client is under no obligation to employ the Au Pair.
  • In accordance with the Labour Relations Act the Client is required to have a Contract of Employment with the Au Pair.
  • The Au Pair is viewed as an employee as soon as the client has made an offer in accordance with the Terms and Conditions and the Au Pair has accepted. The employee is still employed by the client even if the contract is signed at a later stage, and the client remains liable for the placement fee even if the contract is not yet signed.
  • ABC Au Pairs will provide the client with a Contract of Employment at no extra charge which may be edited to suit both you and your Au Pair.
  • A copy of the signed and completed contract may be sent to ABC Au Pairs for our records.

Termination of Employment

  • Should the Client cancel the Au Pair's  employment before commencement of duties, the Client must notify ABC Au Pairs in writing stating the reasons. The client will be liable for the full placement fee even if the Contract of Employment has not been signed. ABC Au Pairs would have already fulfilled its obligations to the client finding them a suitable Au Pair.
  • If the Au Pair cancels employment before commencement of duties, ABC Au Pairs will do their best to find a replacement Au Pair free of charge. The placement fee for the previous Au Pair will not be refunded even in the unlikely event of ABC Au Pairs not being able to find a suitable replacement. Should ABC Au Pairs not be afforded the opportunity to replace the candidate/or make alternative arrangements via another source, this guarantee will be regarded as having been completely discharged and no fees will be credited.
  • Should the Au Pair resign within the first 60 days of employment, ABC Au Pairs will endeavor to find a suitable replacement for the client at no further cost. The client is entitled to two free replacements after which the agency reserves the right to charge another placement fee. The guarantees does not apply as a result of redundancy, retrenchment or owing to conduct of the client amounting to breach of the original employment agreement, poor work conditions, hostile atmosphere, etc. causing the Au Pair to resign. The placement fee for the previous Au Pair will not be refunded even in the unlikely event of ABC Au Pairs not being able to find a suitable replacement.

  • Please note that ABC Au Pairs Quality guarantee specifically excludes:
    • Retrenchment
    • Unfair dismissal
    • Illness or death
    • Hostile work environment/poor work conditions
    • Breach of employment contract by the employer

  • This guarantee is only applicable if the placement fee is paid on or before the successful Au Pair commences working for you. Non-payments or late payment will result in the client forfeiting the guarantee of 60 (sixty) days.
  • Upon expiry of the guarantee period it is agreed that the engagement is satisfactory an that The Agency's obligations have been fulfilled. If the candidate leaves after the guarantee period, agency fees apply for further placements.
  • If the client dismisses Au Pair within a month of commencement of duties in accordance with the Labour Relations Act, ABC Au Pairs will do their best to find and place another Au Pair free of charge. The placement fee for for the previous Au Pair will not be refunded even in the unlikely event of ABC Au Pairs not being able to find a suitable replacement. If the client does not want a replacement Au Pair found by ABC Au Pairs then in accordance with the Labour Relations Act regarding dismissal, the agency will refund the client 50% of the placement fees paid to ABC Au Pairs by the client.

Customer Care

ABC Au Pairs team is dedicated to helping you have a successful Au Pair/Nanny placement. If you have questions, comments or concerns, please contact us.

Liability

  • ABC Au Pairs acts as an intermediary only and is not the employer. The responsibility lies with the client to ensure suitability of the care giver prior to making an offer of employment. ABC Au Pairs cannot be held responsible for an error in judgement by the client employing a care giver. By submitting the application form, the client accepts these terms and conditions whether not they sign the forms.
  • ABC Au Pairs endeavors to find the most suitable Au Pair for your family, but gives no warranty whatsoever that the client will find the suitable Au Pair.
  • ABC Au Pair accepts no liability whatsoever of any nature for any loss arising from the employment of the Au Pair by the client, whether that loss be caused by the negligence of the Au Pair or not.
  • ABC Au Pairs shall not be liable to clients for any loss or damage sustained by the clients arising directly or indirectly as a result of any action or omission by the Au Pair.
  • By submitting the application form, the client accepts these terms and conditions, whether or not they sign the form and/or the conditions.
  • In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in Pretoria, South Africa.
The Customer shall be liable for all legal expenses on the Attorney Client scale of an Attorney and Counselor incurred bu ABC Au Pairs in the event of (a) any default by the client or (b) any litigation in regard to the validity and enforceability of this agreement. The client will also be liable for any collection or valuation fees incurred. The client agrees that ABC Au Pairs shall not be liable to make payment of security into Court in terms of section 62 of the Magistrate's Court Act, as amended. The client hereby consents to the juristiction of the Magistrate's Court. The client chooses Domicilium citandi et executandi of services of all documents and processes the address entered in. In the case of a client owing funds to ABC Au Pairs, for whatever reason, the client consents to default judgement being taken against him/her in terms of the section 58  of the Magsistrates court act in the case of non performance.

These TERMS AND CONDITIONS are legal and binding and valid unless varied by mutual agreement and in writing.
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