Liability clause

Nov 15, 2022

  • The agency acts as an intermediary only and is not the employer.
  • The client must ensure they are 100% certain of the suitability of the candidate prior to hiring them. The agency is not responsible if the candidate proves to be unsuitable.
  • The choice of candidate remains the client’s decision.
  • By submitting the application form to the agency, the client accepts these terms and conditions, whether the form and/or the conditions are signed or unsigned.
  • The agency accepts no liability of any kind for any inconvenience, loss of or damage to property, or any loss or personal injury or death howsoever arising directly or indirectly from any act or omission of any applicant introduced by the agency even if such an act or omission is negligent or fraudulent or reveals dishonesty.
  • The agency will submit details of candidates with a valid driver’s license for South Africa, but the agency is unable to guarantee the standard of the candidate’s driving.
  • The agency cannot guarantee that a candidate will complete their proposed length of stay or engagement with the client.
  • The agency will not supply a replacement candidate if the client has been in breach of any of the agency’s terms and conditions. Neither will any replacement or refund apply if the client changes the specifications of the position after the original placement has been made.
  • Please appreciate that once the client has accepted a permanent placement, all the rights and obligations as an employer in terms of South African labour law move to the client, including the obligations pertaining to the deductions and payment of UIF, PAYE, Workmen’s Compensation and leave entitlements, as applicable.
  • Therefore, once the client has made a permanent placement offer to a nanny, the client may only terminate or otherwise cancel that agreement by following the requirements in terms of South African labour law. The client may therefore not simply provide the agency nor the nanny with notice of termination but will be required to provide a valid reason recognised by law and follow the required procedure to terminate the employment relationship.
  • 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 nanny 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 the agency in respect of any dispute referrals pertaining to such challenge.
  • The parties hereby agree that neither the agency, nor any of its directors or employees, will be held liable for any damages that result from:
    • any information relied upon by the client in selecting a candidate which subsequently transpires to be untrue. The agency acquires such information from third parties and accepts such information as what it purports to be and in doing so does not guarantee that such information is true and correct.
    • any act by a nanny, whether negligent or intentional, which causes damage to a client’s or a third party’s property and/or possessions or which causes harm to a client, a client’s child, or family member and/or a third party; and
    • the service delivery of any nanny in performing her role for the client.
  • The parties hereby further agree that the agency will not be held liable for any damage, whether patrimonial or non-patrimonial, which results from a breach by the agency, a nanny, a client or any third party whose actions were relied upon for the conclusion of this agreement and the delivery of the services for which this agreement provides.
  • This includes the costs of damages to any property and/or injury to any person because of a nanny’s, client’s or third party’s actions and which may have arisen as a result of any of the services provided by the agency pursuant to these terms and conditions.

terms & conditions