Terms and conditions

 

These terms of service govern the use of this site and its services. The use of this site and its associated services constitutes your acceptance of these Terms of Service and creates a binding legal agreement.

 

By using the Aupairs Exclusive website, and/ or by by applying for or receiving membership from Aupairs Exclusive, you acknowledge that you are bound by these terms and conditions set forth herein. All legal issues arising from or related to the use of the site or Aupairs Exclusive services shall be constructed in accordance with the laws of South Africa.

 

Should the confirmed placement be cancelled within 5 days of commencement of employment one week pay will be due for the candidate. Cancellation must be in writing. A new membership fee will be charged for an employee returning to an employer within 36 months from the date of the original introduction from Aupairs Exclusive.

Under no circumstances do we give refunds. If a candidate decides not to start the accepted position at the last minute we will replace her in accordance to the guarantee period. If there is no one suitable the client will be given a credit note that will be valid for 3 months from date of payment received.

The client can purchase a guarantee for 30 days at an extra cost of R1000.00 , they are however not obliged to do so.

The terms of the purchased replacement guarantee are that Aupairs Exclusive will provide a suitable replacement, acceptable to the client, should the candidate resign or be dismissed for any reason within the labour law (within the first month of employment for a permanent position from the date of commencement). This will be treated as a matter of urgency, but no time frame can be placed on finding another suitable candidate.

The guarantee period is not extended with the start of the employment of subsequent applicant/s after the original placement

The client may use a candidate for a maximum of three days consecutively on a trial period before committing to employing that candidate. If the client decides to employ the candidate, the client is to notify Aupairs Exclusive in order for the candidate to be removed from the database. The candidate is to be paid directly for any hours worked

Trial periods are not mandatory therefore if a client requires a trial period Aupairs Exclusive is to be notified of this in writing. If no request is received Aupairs Exclusive we automatically assume the candidate has started her contract period from her first day of employment

Aupairs Exclusive is to receive the full membership fee before the membership number will be issued which will be valid for 30 consecutive days.

Once a candidate has accepted an offer of employment from the client ( whether verbally, by sms, by an informal email or on an offer of employment form), the client is to notify Aupairs Exclusive if they want the Candidate removed from the database

In accordance with the labour relations Act and the 1997 Basic Conditions of Employment the Client is required to have a contract of employment with the candidate.

All candidates are to be registered for UIF, Aupairs Exclusive can provide the link for the registration with the Labour Department.

If for whatever reason the candidate cannot work as required by the family ( i.e. the child is in hospital, an act of God or the family goes away on holiday) the candidate is required to be paid for her normal working hours as outlined in the attached application form and confirmation of employment completed by and signed by the family.

If a client chooses to make use of the candidate for any other position other than the one they have interviewed for, the client will be responsible for paying the correct salaries in line with the type of work.

Names and addresses are given in confidence to clients and may not be passed onto other prospective employers. The employer will also be liable to pay Aupairs Exclusive the Membership fee set out if any candidate who has been introduced to the employer by Aupairs Exclusive is subsequently employed by:

  • The employer
  • A member of the employers family
  • Any company or other incorporated or unincorporated body to work in the employers household
  • Any other person as a result of the conveying of information either directly or indirectly to such a person by the employer.

 

Should any other Aupair agency or child care related recruitment agency or a friend /  direct associate register with the intent to download candidates  and contact directly and poach for business purposes, they will be obliged to pay a contractual penalty of R30 000.00  ( Thirty thousand rand ) for each individual case. This is to be paid in dependently of the actual damage . Apart from the contractual penalty, Aupairs Exclusive reserves the right to sue for compensation.

Aupairs Exclusive is an introductory agency only. aupairsexclusive.co.za is a venue only.

All clients are requested to interview prospective candidates referred by Aupairs Exclusive

These terms and conditions are considered accepted upon your Membership fee having been paid to Aupairs Exclusive and by the client agreeing to view / contact curriculum vitaes, interview and / or appoint any candidates referred / suggested by Aupairs Exclusive and will remain valid for future placements, unless a new contract has been presented to and signed by the client.

 

DEFINITIONS:

  • Aupairs Exclusive charges a fee for primarily two things: to find / suggest and identify candidates who are suitable to perform duties required by the client, and to liaise with individuals who are authorized to evaluate and hire whom they consider to be the right person for a particular position.
  • Deductions-  these include statutory deductions ( such as PAYE and UIF) and employment contributions to benefits ( such as medical aid, pension and / or provident fund)
  • Annual Package-  twelve times the gross monthly remuneration plus any additional contractual payments ( thirteenth cheque)
  • Nett pay- The amount the employee will receive in their bank account each month after all deductions
  • Gross monthly remuneration- The amount the employee is paid each month before deductions
  • Annual cost to company- gross annual remuneration plus employer contribution to medical aid, pension, UIF, thirteenth cheque etc.
  • Temporary employment This could be a relief position while the full time employee is not at work or because a fixed term contract has been entered into
  • Part time employment When the employee is not working a full day / week / month ( this could be 2 days a week or 4 hours every day)
  • Full time employment When the candidate is working a full week or month
  • Permanent position when there is no end date for the contract of employment
  • fixed term contract This is for clients who employ their candidate on a contract that extends for a year or two only, contracts then have to be renewed. This must be clarified in writing.

 

 

Use of Material.

 

The Company authorizes you to view and download the material on aupairsexclusive.co.za (the "Web Site") solely for your personal, noncommercial use.

 

The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other "Material", are protected under both South Africa and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by S.A and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

 

You shall not copy or adapt the HTML code that the Company creates to generate its pages. It is also protected by the Company's copyright.

 

Acceptable Site Use.

 

General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

 

It is not permitted to put contact information in the open text fields of your account. Contact information included in these fields will be removed. Multiple violations of this rule may result in your account will being deactivated. In the event this happens more than once you will not be permitted to use the site again.

 

Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

Specific Prohibited Uses.

 

The Web Site may be used only for lawful purposes by individuals seeking employment and nannies and career information and by employers seeking to employ one or more nannies. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

 

Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume.

 

Deleting or revising any material posted by any other person or entity.

 

Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.

 

Taking any action which imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.

 

If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.

 

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.

 

Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.

 

Framing of or linking to any of the materials or information available from the Web Site.

 

aupairsexclusive.co.za does not tolerate inappropriate use of the site or fraudulent activity. This will result in your profile being deleted.

 

User Information.

 

When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information.

 

No refunds or credits will be provided for account cancellation requests received after the account has been paid.

 

aupairsexclusive.co.za has a 1 complaint policy and nanny profiles will be removed from the site once a complaint has been received.

 

User Submissions.

 

As a user, you are responsible for your own communications and are responsible for the consequences of your own communications being posted. You must not, and by using this Web Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other comp uter programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

 

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

 

The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion, if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

 

By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

 

Registration and Password.

 

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

 

 

The Company's Liability.

 

Aupairsexclusive.co.za is only a venue. This Web Site acts as a venue for prospective employers of nannies to search for staff and for nanny candidates to post resumes. This Web Site does only partially screens the listings offered. The Company is not involved in the actual transactions between the prospective employers and the respective nanny candidates. All decisions rest with the parties using the Web Site. As a result, the Company has no control over the quality, safety or legality of the resumes posted; the truth or accuracy of the listings;the ability of the nanny candidates to fill job openings. The Company makes no warranties or representations with regard to these issues. All parties using this Web Site must make their own independent investigation and evaluation of any nanny employment opportunity or any nanny candidate. There are risks, including but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risk associated with dealing with other users with whom you come in contact through the Web Site.

 

Because user authentication on the Internet is difficult, aupairsexclusive.co.za cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on aupairsexcluisve.co.za, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site and that each person submitting a posting to the Web Site will be mindful and in full compliance with the associated pertinent legal obligations and restrictions.

 

The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

 

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web Site.

 

 

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

 

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

 

Disclaimer of Consequential Damages.

 

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

Limitation of Liability.

 

The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to R500.00

 

Termination.

 

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site

 

 

 

 

Rules governing conduct

 

Should any of these rules not be adhered to, your membership will be immediately revoked with no refund being given and candidates will not be allowed to market themselves on the site again

 

  • You agree not to include personal contact details such as your Skype address, Facebook page, Instagram, snapchat or any other means of social media in other area other that where it is asked.
  • You will not direct users / attempt to direct users to any other areas where they can make direct contact with you
  • You will not harm children in any way.
  • You will not post any offensive or defamatory material

 

Indemnity:

Aupairs Exclusive acts as an employment agency only and will not accept responsibility or be held liable in any manner what so ever for theft, injury, accident or death, whilst the candidate is in their employ.

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