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Below are the Little Sunshines Au Pair Agency Terms. Please note that once the Client engages in utilizing the services of the Agency, and commences interviewing Candidates of the Agency, both the Client and the Agency will automatically be bound by the below Agency Agreement and the terms stipulated therein, regardless of whether actual signature of the document has occurred.

Purpose of the Agreement

  1. This agreement serves as a contract between the Agency and the Client for the placement services rendered by the Agency to the Client.

Agency’s Obligations and Service

  1. The Agency undertakes to use its vast recruitment, human resources, parenting, teaching and marketing skills as well as extensive industry knowledge to seek out a suitable Candidate for the Client.
  2. The Agency will send out an “Enquiry Email” to the family detailing a summary of the Client’s requirements in terms of the following:
    1. Days and times the Candidate is required to work
    2. Salary the Client is offering
    3. Reimbursement of petrol per km travelled in the event that the Client does not provide a car
    4. Start date
  3. The Agency will send CVs of prospective candidates based on the requirement brief given by the Client, which is further summarised in the “Enquiry Email” sent out by the Agency at the beginning of the relationship.
    1. There is no limit in terms of CVs that the Agency will send out to the Client.
  4. The Agency will setup interviews between the Client and the candidates who have agreed to the following as per the Client’s requirements:
    1. Days and times the Candidate is required to work
    2. Salary the Client is offering
    3. Reimbursement of petrol per km traveled in the event that the Client does not provide a car
    4. The start date
  5. Should the Client seek to employ a Candidate the Agency will inform the Candidate and revert to the Client with the Candidate’s decision.
  6. The Agency will inform the Candidate of the Client’s offer, so that the Candidate can make an informed decision, specifically making mention of the following:
    1. The days and times the Candidate will work
    2. The salary that the Client will pay
    3. The amount for the petrol reimbursement that the Client will pay in the event that the Candidate uses their own car
    4. The start date
    5. The probationary period
  7. In the event that the Candidate accepts the Client’s offer, the Agency will issue the Letter of Acceptance & Appointment to BOTH the Client and the Candidate.
  8. In the event that the Candidate accepts the Client’s offer, and the Letter of Acceptance & Appointment has been sent to the Client and the Candidate, the invoice for the placement services will be sent to the Client.

Client’s Obligations

  1. The Client undertakes to give to the Agency all necessary and requested information, in full, as to the nature of the work concerned, the required qualifications and experience required of the Candidate, as well as any other information requested in order to fulfill the Agency’s obligations and service to the Client.
  2. The Client undertakes to pay the Agency the Placement Fee once the Agency’s obligations and service have been met, within 3 days from date of invoice to the Client or prior to the candidate’s start date whichever is the sooner.
  3. The Client acknowledges that, once the Client offers employment to a candidate and the Candidate accepts the offer of employment, the Client will become liable to the Agency for the Placement Fee, even if the Contract of Employment has not been signed by the Client and/or the Candidate.

Registration Fee

  1. We do not charge a registration fee for families.

Agency Fee

  1. The Client is liable to pay the Placement Fee, as is reflected on the invoice, to the Agency within 3 days from date of invoice to the Client or prior to the candidate’s start date whichever is the sooner.
    1. If the candidate starts on a Monday then payment is required by no later than the Friday preceding the Monday start date.
  2. For permanent placements we charge a market related fee according to the industry norm, which will be quoted to you in the first email that we send to you.
  3. For temporary placements of less than 12 months, we charge a market related fee according to the industry norm, which will be quoted to you in the first email that we send to you.
  4. For temporary placements of less than 12 months, in the event that the initial contract is renewed a further Placement Fee of R5 500 is due and payable to cover costs in relation to the renewal.
    1. It is therefore more cost effective to go for the permanent employment route.
  5. Please note that all fees and payment terms mentioned above are non-negotiable.
  6. The Placement Fee is over and above the agreed upon employment rate (candidate’s salary) between the Family and the Candidate.
  7. The invoice will be dated as per the date on which the Candidate accepts the offer of employment made by the Client, not on commencement date of employment.
  8. The Candidate will not commence employment until the placement fee has been settled in full by the Client regardless of the commencement date on the Letter of Acceptance & Employment.
    1. This is in accordance with legislation as the Candidate was introduced to the Client etc. through the agency, and for this service the placement fee is due and payable by the Client.
    2. The Candidate has signed agency terms with the Agency whereby they agree not to commence employment until the placement fee has been settled in full.
  9. Failure to submit full payment to the Agency within the aforementioned time frame will result in the Agency sending the Candidate for further interviews for other positions until such time as payment has been received in full.
    1. In the event that the Candidate is offered another position, employment with the Client will fall away, the guarantee will fall away and the Client will still be liable for the full placement fee as the Agency did fulfill its obligations, services and duties to the Client in relation to the placement and for that service payment is required.
  10. Late and / or overdue agency fees will result in the agency guarantee becoming null and void.
  11. Late and / or overdue agency fees will result in a Letter of Final Demand being issued for the recovery of the Agency Fee and all legal costs will be for the Client’s account.
    1. In the event that the Client does not make payment after issue of the Letter of Final Demand the Agency will list the Client with all credit bureaus and continue with legal action for the recovery of the fee and all legal costs will be for the Client’s account.
  12. In the event that the Client elects to renege on employment, the Client is still obligated to pay the full Agency Fee referred to above, due to the fact that the agency did fulfill its obligations and services towards the Client in finding a suitable Candidate for the Client as all work in relation to the services has been completed by the Agency, hence the obligation to pay the agency fee for said services.
    1. In the event that the Client does not make payment after issue of the Letter of Final Demand the Agency will list the Client with all credit bureaus and continue with legal action for the recovery of the fee and all legal costs will be for the Client’s account. The payment is due to the work carried out by the agency, in good faith, whilst the Client was engaged in our services.
    2. The Client needs to be aware that the Candidate can refer the matter to the CCMA, and seek damages, especially in the event that they have:
      1. Resigned from their current employment to commit to the Client
      2. Given up other employment offers to commit to the Client
      3. Committed to financial commitments as a result of being offered employment i.e. entering into a lease agreement, moving for the position etc.
  13. Should the Client negotiate a salary directly with the Candidate, and the two parties agree on a salary, the Agency reserves the right to charge a placement fee in accordance with the Agency’s suggested salary, if the salary falls outside 7% less than the Agency’s suggested salary.
  14. The Client will also be liable to pay the Agency the Placement Fee if any Candidate who has been introduced to the Client by the Agency is subsequently employed by:
    1. The Client
    2. A member of the Client’s family
    3. Any company or other incorporate or unincorporated body to work in the Client’s household
    4. Any other person as a result of conveying of information either directly or indirectly to such a person by the Client.

Agency Guarantee

  1. The Agency Guarantee is only applicable for permanent placements.
  2. Provided that the Agency Fee was settled in full, within the 3 day from date of invoice period the Client is entitled to the Agency Guarantee.
  3. In the event that the candidate reneges on employment the Agency will use its skills and knowledge to find a suitable Candidate to replace the Candidate at no extra charge to the Client, provided that:
    1. the Client did not make changes to the following AFTER the Letter of Appointment & Acceptance was sent and prior to the Candidate commencing employment:
      1. Salary
      2. Petrol reimbursement
      3. Days that the candidate needs to work
      4. Times that the candidate needs to work
      5. Start date
  4. In the event that the candidate resigns within 4 months from date of commencement of employment the Agency will use its skills and knowledge to find a suitable Candidate to replace the Candidate at no extra charge to the Client.
  5. In the event that the family dismisses within 4 months from date of commencement of employment the Agency will use its skills and knowledge to find a suitable Candidate to replace the Candidate at no extra charge to the Client.
  6. For positions where the placement fee exceeds R15 000 the above guarantee mentioned in point 1 to 5 above is a 6 month guarantee from date of commencement of employment, not a 4 month guarantee.
  7. No agency fees will be refunded even in the unlikely event of a replacement candidate not being found through the agency.
  8. No agency fees will be refunded even if the Client no longer wishes to hire a candidate, regardless of the reason.
  9. No agency fees will be refunded even if the Client finds another candidate privately or through another agency.
  10. No agency fees will be refunded even if the Client elects not to proceed with a replacement.

Making an Offer of Employment and the Offer Being Accepted

  1. The Client is under no obligation to employ a Candidate.
  2. Should the Client wish to employ a Candidate, the Client is required to advise the Agency immediately.
  3. The Agency will endeavour to reach agreement between the Client and the Candidate on the terms of employment.
  4. In the event that the Client wishes to make an offer of employment to the Candidate, the agency will liaise with the Candidate in this regard, and see if the Candidate is willing to accept the offer of employment.
  5. In the event that the Client wishes to make an offer of employment to the Candidate, the agency will confirm the following with the Client, prior to liaising with the Candidate:
    1. The days and times the Candidate will work
    2. The salary the Candidate will earn
    3. Commencement date
  6. As a Candidate becomes an employee of the Client from the time the Candidate accepts an offer of employment, the Client needs to be very certain of seeking to employ the Candidate when indicating to the agency that they wish to employ the candidate, and in doing so are confirming that they are aware:
    1. of the days and times that the Candidate is committing to
    2. of the salary that the Candidate is committing to
    3. of the commencement date the Candidate is committing to
  7. Once the Candidate has accepted the offer of employment, the agency will send out the Letter of Appointment & Acceptance and from this point forward the Candidate is considered to be an Employee of the Client as per South African Legislation.
  8. Once the offer of employment has been accepted by the Candidate and a Letter of Appointment & Acceptance has been sent to both the Client and the Candidate, the Client is legally bound to the Candidate in terms of employment legislation.
  9. Once the offer of employment has been accepted by the Candidate and a Letter of Appointment & Acceptance has been sent to both the Client and the Candidate, the Candidate is legally bound to the Candidate in terms of employment legislation.
  10. Once the offer of employment has been accepted by the Candidate, the Candidate is considered an employee of the Client in terms of employment legislation in South Africa.
  11. This indicates that the agency service has been completed and the agency has fulfilled its contractual obligation, duty and work in relation to its services to the Client, hence the obligation to pay the Agency for said services.
  12. Once the Letter of Appointment & Acceptance has been sent to both the Client and the Candidate, the invoice for the placement fee will be issued to the Client.

Letter of Appointment & Acceptance

  1. Once the Candidate has accepted the offer of employment, the Agency will send out a Letter of Appointment and Acceptance, to BOTH the Client and the Candidate.
  2. The Letter of Appointment & Acceptance clearly states that the Candidate WILL commence on the start date mentioned therein.
  3. The Letter of Appointment & Acceptance clearly states the basic conditions of employment i.e.:
    1. Start Date
    2. Salary
    3. Petrol
    4. Days
    5. Times
    6. Overtime rates
    7. Leave
    8. Probationary Period
    9. Notice Period
  4. Once the Letter of Appointment & Acceptance has been issued, as per South African legislation, the Candidate immediately becomes an Employee of the Client and the relationship is governed under the Basic Conditions of Employment Act.
  5. The Agency will supply the Client with a Contract of Employment as well as other documents, as a courtesy to the Client, which the Client may choose to use.
  6. The Client cannot withhold placement fees to the Agency for placement services rendered if a Contract of Employment has not been signed by either the Client or the Candidate, as the Letter of Appointment & Acceptance has provided the general terms and conditions of employment, which have been mutually agreed upon by both the Client and the Candidate prior to it being sent by the agency i.e. days, times, salary, probationary period, notice period, leave and the start date, and as per South African legislation the Employer and Employee relationship has commenced and therefore the agency has fulfilled its services and duty to the Client by sourcing a candidate for the Client.

No Liability

  1. The Agency and its employees and/or agents do not accept any responsibility and or liability in terms of any information or misrepresentation concerning the Candidate, nor shall the Agency be liable for any loss or damage of whatsoever nature arising directly or indirectly from any act or omission on the part of any Candidate, whether intentional or negligent.

General

  1. Once the Client engages in utilizing the services of the Agency, and commences interviewing Candidates of the Agency, both the Client and the Agency will automatically be bound by this Agency Agreement and the terms stipulated herein, regardless of whether actual signature of this document has occurred.
“Upon Electing to Use Our Services…”

Upon electing to use our services , we will send you an Interview & Information Guide which contains the following information:

  • Proposed questions for your interviews with prospective au pairs, tutors, governesses, home school teachers or school facilitators
  • Guidelines on employing a candidate in terms of South African labour law
  • Guidelines on dealing with employee performance related issues in terms of South African labour law
  • Tips on how to maintain a long-lasting relationship with your new au pair, tutor, governess, home school teacher or school facilitator
Simply Contact Us for Further Assistance!

If you wish to have direct human contact please call 063 742 7122 for further assistance

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**We are CLOSED on SATURDAYS, SUNDAYS & PUBLIC HOLIDAYS**

We place the following types of positions:
Tutors
Au Pairs
Governesses
Child Minders
School Facilitators
Home School Teachers

 

A Note to Other Agencies Seeking to Copy Our Agency Terms:
This Agency Agreement remains the exclusive property of Little Sunshines Au Pair Agency and is governed by intellectual property law. It is intended for the sole use of the Clients of Little Sunshines Au Pair Agency, seeking to engage in placement services from this agency. In the event that this agreement in its entirety, or part thereof is copied and / or used by another agency, Little Sunshines Au Pair Agency will take legal action to the fullest extent of the law against the other agency for including but not limited to plagiarism and theft of intellectual property.