Terms & Conditions

TERMS AND CONDITIONS

 

Introduction

  1. Nunanny (Pty) Ltd (“Nunanny”) offers a temporary and permanent placement service of Nannies in exchange for a fee.
  2. You may be required to enter a valid email address, username and password on the Nunanny online platform prior to being able to enjoy the Nunanny service. If are required to do so, you hereby consent to Nunanny using such information as is required to give effect to these terms and conditions and/or any service provided by Nunanny.
  3. “Nanny” or “Nannies” means someone who is predominantly responsible for child minding (i.e. looking after children) but may include someone who also picks up ad-hoc cleaning tasks as the need arises.
  4. As part of the Nunanny service, candidates are subjected to a rigorous interview and screening process prior to placement.
  5. “Candidate” means any person who is being screened for the purposes of being temporarily or permanently placed as a Nanny with a client.
  6. “Client” means you, a client of Nunanny.
  7. “Full day” means a booking of nine hours (which includes a one-hour break). “Half a day” will mean four hours and does not include a break.
  8. “Full-time” means a Nanny who works on average 45 hours in a week or otherwise five days a week, eight hours a day.
  9. “Permanent” means a Nanny who has been given a permanent employment agreement to sign or someone who has been working for you for more than three months. The number of hours a Nanny works does not affect his or her permanent status.
  10. “Temporary placement fee” and “booking fee” will mean the same thing when dealing with Nunanny.

Selection and Suitability of Candidates

  1. Once you have indicated that you require either a temporary or permanent placement, Nunanny will present candidates to you from which you may select for either a temporary or permanent placement.
  2. Nunanny will interview and screen candidates prior to presenting such candidates to you for selection.
  3. As part of the screening process, Nunanny will make every effort to validate a candidate’s qualifications, references, experience and any other statements or representations made to Nunanny by that candidate.
  4. Notwithstanding Nunanny’s efforts, the final decision to select a specific candidate rests with you as the client. Nunanny will not accept any liability for the inaccuracy of any information provided to Nunanny by the candidate and on which the decision to select such candidate is made.

Temporary Placements

  1. A temporary placement means any placement whereby the candidate is placed in your employ for not less than one hour and not more than three months or ninety days. This will also include ad-hoc, once-off “babysitting” bookings.
  2. Where a placement exceeds three months or ninety days, it will be seen as a permanent placement and all the rights and obligations ordinarily flowing from a permanent placement will come into existence. This means that you will be deemed, by law, to be the employer of that respective Nanny and will be liable for the permanent placement fee as applicable.
  3. Once you have selected a candidate for a temporary placement, a temporary placement fee will be payable as follows:
    • If the duration of the temporary placement is between one hour to three weeks, a temporary placement fee of R100.00 per day will be payable. This will mean that whether you make a booking for one hour, half a day or a full day R100.00 will be payable for that booking. If your booking extends beyond one day, another R100.00 will be payable for every day thereafter.
    • If the duration of the temporary placement is between three weeks and three months, a temporary placement fee equivalent to 25% of the Nanny’s total earnings for that period will be payable.
  4. Nunanny will invoice you and such invoice will include the applicable temporary placement fee as well as the hourly fee payable to the respective Nanny for the temporary placement period.
  5. The temporary placement fee will be payable upon receipt of the invoice and is payable directly to Nunanny via electronic fund transfer (EFT).
  6. Any fee paid directly to a Nanny will not constitute payment as envisaged by these terms and conditions and such payment will still be due and payable directly to Nunanny, unless otherwise agreed between a client and Melisa Clayton Allardice.
  7. If you exceed the hours for which you have been invoiced, we reserve the right to charge an additional temporary placement fee for the additional hours.  
  8. In addition to the temporary placement fee, you will be responsible for ensuring that the Nanny is transported home on every day that the Nanny completes her daily duties after 6pm for the duration of the temporary placement period. This can include arranging an uber for the Nanny at your expense, dropping the Nanny off yourself or reimbursing the Nanny for the costs of arranging transport herself.

A Client’s Obligations During Any Temporary Placement

  1. We are sure that this goes without saying, but during any temporary placement you will be required to treat the placed Nanny with respect which includes avoiding:

 

  • making derogatory statements to and/or about the Nanny;

 

  • harassment of any kind;

 

  • requesting that the Nanny perform tasks or duties outside of child minding and cleaning, if applicable, without notifying Melisa Clayton Allardice; and

 

  • subjecting the Nanny to any situation which would compromise his or her safety and well-being.

 

  1. Should you suspect that there has been any misconduct on the Nanny’s part or otherwise behaviour that you do not appreciate, you are to inform Melisa Clayton Allardice immediately.

 

  1. Our Nannies have consented to being subjected to searches and/or polygraph examinations but will only do so once Nunanny has been informed and is actively involved throughout this process. This is not only to ensure that the Nanny is protected but to assist you every step of the way.

 

  1. Should you unilaterally decide to terminate the temporary placement and otherwise decide that the Nanny may not complete the hours booked, you may be held liable for the temporary placement fee as well as the fee payable to the Nanny for the temporary placement period.

 

  1. You must therefore always consult Nunanny prior to taking any decision relating to the termination of the Nanny’s service with you. Nunanny will direct you as to how you should proceed, depending on the circumstances.

Cancellation of Temporary Placements

  1. You may cancel any temporary placement by giving the following written notice which should be sent directly to Melisa Clayton Allardice:
    • If the temporary placement is for three days or less: 24 written notice; and
    • If the temporary placement is for more than three days: 48 hours’ notice.
  2. If Nunanny does not receive the required notice you may be held liable for the temporary placement fee and for the amount that the Nanny would have been paid for the temporary placement period.
  3. If you do not use all the hours booked as a result of a Nanny not arriving to work, we will endeavour to find you a suitable replacement, if possible. If we are unable to find a replacement timeously, we will credit your account or provide you with a refund for the hours booked by not used.
  4. Nunanny reserves the right to withhold any payments made to Nunanny in respect of a temporary placement if a placed Nanny is precluded from completing his or her hours as a result of any action on the part of a client. This may include both the temporary placement fee as well as the amount that the Nanny would have been paid for the temporary placement period.

Permanent Placements

  1. A permanent placement means any placement that has or is intended to exceed three months or ninety days. The duration of the Nanny’s hours will not negate the permanent nature of the placement meaning that if the Nanny is placed for one hour a week, three days a week or on a full-time basis, it will still be considered a permanent placement.
  2. Once you have selected a candidate for permanent placement, the candidate will be placed with you on a trial-basis for a maximum of five days. The applicable rate payable during this trial period will be R300.00 per half day and R400.00 per full day and is payable to Nunanny after the trial period.
  3. Should you wish to extend this trial period beyond the allotted five days a fee of R700.00 per half and/or full day will become payable for any period exceeding the initial five-day trial.
  4. Once you have determined that the selected candidate is indeed a match for you and your household, you will be required to convey this to us via written notification (email, WhatsApp, SMS, etc.). At this point, the following fees will become due and payable:
    • If the Nanny is placed with you for one full day per week, a once-off permanent placement fee of R1 500.00 is payable.
    • If the Nanny is placed with you for two full days per week, a once-off permanent placement fee of R2 00.00 is payable.
    • If the Nanny is placed with you for three full days or more per week, a once-off permanent placement fee of equivalent to 10% of the Nanny’s annual salary (including transport costs) is payable.
  5. Any permanent placement fee and fee incurred during the trial period will be payable upon receipt of the invoice after the trial period and at the commencement of the Nanny’s employment with you. The permanent placement fee is payable directly to Nunanny via electronic fund transfer (EFT).
  6. Any fee paid directly to a Nanny will not constitute payment as envisaged by these terms and conditions and such payment will still be due and payable directly to Nunanny, unless otherwise agreed between a client and Melisa Clayton Allardice.
  7. The invoice for a permanent placement will consist of the applicable trial period fee, the applicable permanent placement fee as well as the equivalent of one months’ salary for the Nanny. This is to ensure that you can benefit from the permanent placement guarantee described below.
  8. Should you retain the selected candidate after the permanent placement guarantee period, Nunanny will pay the candidate directly for the first month, for which you would have already been invoiced, but you will be liable to pay the Nanny directly thereafter.
  9. If, within the first 12 months after the permanent placement of a candidate with you, you increase the Nanny’s days, you will be liable for the difference in the placement fee.

Permanent Placement Guarantee

  1. Once you have selected a suitable candidate for a permanent placement, Nunanny will provide you with a one-month guarantee period, unless otherwise agreed with Melisa Clayton Allardice.
  2. During the guarantee period, Nunanny will find you an alternative candidate at no additional cost should the candidate you initially selected become unsuitable for your household or needs. However, we will ask for a valid and rational explanation as to why a replacement is required. We want to avoid the scenario of disrupting your little ones and/or your household with too many changes.
  3. During the guarantee period, the selected candidate will remain an employee of Nunanny and only once the guarantee period has expired, or you have communicated that you would like to permanently employ the candidate, will rights and obligations as an employer of that Nanny vest in you.
  4. At the expiry of the guarantee period or once you have communicated that you would like to permanently employ the candidate, Nunanny will provide you with a template of an employment agreement as part of the permanent placement fee. You will be required to provide Nunanny with a signed copy of this employment agreement within five business days of receiving it.
  5. If you, as the client, decide to terminate the Nanny’s employment once you have decided to permanently employ the candidate but before the Nanny commences work with you, you may still be liable for payment of the permanent placement fee regardless of the frequency and/or hours the Nanny would have worked and subject to Melisa Clayton Allardice’s discretion.
  6. Nunanny does not guarantee the continued employment of a selected candidate beyond the one-month permanent placement guarantee period and, should the candidate terminate his or her employment thereafter, you will have no claim to recover any permanent placement fee or any other costs from Nunanny.

Cancellation of Permanent Placements and Liability in Respect of Employment

  1. Please appreciate that once you have accepted a permanent placement, all the rights and obligations as an employer in South African labour law move to you including the obligations pertaining to the deductions and payment of UIF, PAYE, Worker’s Compensation and leave entitlements, as applicable.
  2. Therefore, once you have made a permanent placement offer to a Nanny, you may only terminate or otherwise cancel that agreement by following the requirements in terms of South African labour law. You may not simply provide Nunanny nor the Nanny with notice of termination and will be required to provide a valid reason recognised in law and follow the required procedure to terminate the employment relationship.
  3. Once a Nanny has been permanently placed with you, Nunanny will not be liable for any contravention of any statute, collective agreement or sectoral determination by you and/or the Nanny.
  4. You acknowledge that pursuant to the Labour Relations Act 66 of 1995, any Nanny who is placed with the same client for more than three months is deemed an employee of that client, regardless of the arrangement between the parties.
  5. Should any Nanny challenge the terms and conditions of his or her employment with you or the termination thereof after the expiry of the permanent placement guarantee period or his or her permanent placement with you, you will have no claim against Nunanny in respect of any dispute referrals pertaining to such challenge.

Liability of Placement Fees

  1. A temporary or permanent placement fee, as applicable and as described above respectively, will be payable to Nunanny if you, as a current or previous client of Nunanny, employ any Nanny which Nunanny:
    • introduced to you in the preceding 12 months; or
    • is employed or otherwise registered on Nunanny’s database and who you came to know about through one of the other Nanny’s employed by or registered on Nunanny’s database or any other third party with which Nunanny had dealings during the preceding 12 months period.

Limited Liability for Nunanny

  1. The parties hereby agree that Nunanny, 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. Nunnany 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 nannny, 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 his or her role for the client.
  2. The parties hereby further agree that Nunanny will not be held liable for any damage, whether patrimonial or non-patrimonial, which result from a breach by Nunanny, 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.

Confidentiality

  1. These terms and conditions are confidential and should only be shared between clients.  
  2. You agree to keep all information related to these terms and conditions confidential including but not limited to the costs pertaining to the provision of services by Nunanny.
  3. In the course of providing services to clients, Nunanny will acquire the personal information of candidates and / or Nannies.
  4. Such information is made available to Nunanny with the candidates’ or Nannies’ consent and may include their personal contact information, references, criminal records, qualifications and experience.
  5. Such information may be provided to you for the sole purpose of ensuring that you make an informed decision when selecting a candidate and remains confidential.
  6. You herby agree not to divulge any information which is deemed personal or confidential to any person, legal entity or any third party for any reason without the express consent of both the candidate / Nanny and Nunanny.  
  7. If you breach this confidentiality clause, you may be held liable for damages to the candidate / Nanny and/or Nunanny.

Acceptance of Terms and Conditions

  1. By affixing your signature hereunder or by accepting such terms and conditions electronically, you are agreeing to be bound by every clause herein.
  2. Should you not specifically affix your signature hereunder or accept such terms and conditions electronically, but continue to use any service provided by us, you are tacitly agreeing to all of our terms and conditions. This means that, even if you have not signed or accepted our terms and conditions, your actions imply that you are in agreement with them and you will therefore be bound by them.
  3. These terms and conditions may not be varied or amendment without the express consent of Melisa Clayton Allardice and only once such variation or amendment has been reduced to writing and signed by all parties.
  4. If you are accessing the Nunanny service via an online platform, your continued use of such platform will be deemed a tacit acceptance of the terms and conditions insofar as they apply to your access of the platform.