TERMS AND CONDITIONS

 

Introduction

  1. Nunanny CONNECT (“Nunanny CONNECT”) is a service offering by Nunanny (Pty) Ltd (“Nunanny”) but is considered a separate service offering to that of Nunanny’s temporary and permanent placement offering.
  2. Nunanny CONNECT offers a data base of Candidates who are available for temporary and permanent placement to clients. Nunanny CONNECT offers additional services such as screening and vetting of candidates in exchange for a fee. Nunanny CONNECT therefore does act as a temporary service provider and is not in the business of placing candidates with clients.
  3. You may be required to enter a valid email address, username, and password on the Nunanny CONNECT online platform, prior to being able to enjoy the Nunanny CONNECT service. If are required to do so, you hereby consent to Nunanny CONNECT using such information as is required to give effect to these terms and conditions and/or any service provided by Nunanny CONNECT and Nunanny (Pty) Ltd.
  4. “Candidate” or “Candidates” will include a Nanny, Housekeeper, Night Nurse and/or Domestic Worker, Carers, Teachers, Teacher’s Assistant and Driver, who has been or is listed on Nunanny CONNECT’s online platforms and/or database.
  5. “Client” means you, a client of Nunanny CONNECT. Client may also include any person who peruses the Nunanny CONNECT website and subsequently obtains the contact information of any candidate registered on Nunanny CONNECT’s platform without purchasing a profile.
  6. “Platform” means any online location on which you can make use of or enjoy Nunanny CONNECT’s services such as its website or through means such as WhatsApp, Form Stack, Google Drive, etc.
  7. “Profile” means the online profile of any candidate that is accessible on the Nunanny CONNECT website. This includes information about and pertaining to any candidate on Nunanny CONNECT’s platforms including curricula vitarum, references, certifications and/or qualifications or pictures.
  8. “Purchased Profile” means the full profile of any candidate on Nunanny CONNECT’s platforms including the contact details of such candidate.
  9. “Screening” means the add-on service offer by Nunanny CONNECT which includes vetting the information provided by the candidate such as the candidate’s qualifications, references, and experience.
  10. “Screened Candidate” means any Nanny, Housekeeper, Night Nurse, and/or Domestic Worker, Carer, Teacher, Teacher’s Assistant and Driver who has been screened and/or vetted by Nunanny CONNECT in exchange for a fee payable by a client.
  11. “COVID-19” means the COVID-19 virus.

Access to Nunanny CONNECT’s Database

  1. Clients will have access to Nunanny CONNECT’s database of candidates at no cost.
  2. Such access is available to clients by simply browsing Nunanny CONNECT’s website and other platforms.
  3. Candidates are required to complete an application process which includes providing their employment history, references, experience, qualifications, etc. This information is then made available to be perused by clients via Nunanny CONNECT’s platforms.

 

  1. Any information available to clients via Nunanny CONNECT’s platforms should be accepted as not being vetted or verified by Nunanny CONNECT.
  2. Nunanny CONNECT will therefore accept no liability for any information that subsequently transpires to be incorrect.
  3. Nunanny CONNECT provides clients with access to a database of candidates in order to promote employment of these candidates. Only if a client pays R200 for the contact details of a Candidate or, requests the additional service of a specific candidate being screened will the client by liable for payment to Nunanny CONNECT.

Screening of Nannies

  1. Clients may request that Nunanny CONNECT screen any candidate listed on Nunanny CONNECT’s platforms in exchange for a fee.
  2. Clients will need to select a candidate profile to be screened by Nunanny CONNECT.
  3. Thereafter, Nunanny CONNECT will produce an invoice payable by the client prior to the candidate being screened.
  4. Nunanny CONNECT will screen candidates by verifying the information provided by the candidate such as following up on which references provided by the candidate, cross-checking experience history and otherwise verifying whether the candidate has (as applicable for the candidate’s role):
    • A CPR and First Aid Certificate;
    • Training Certificate;
    • A valid ID or Passport;
    • Spoken and written language ability.

 

  1. Once screened, Nunanny CONNECT will provide the client with a breakdown of what information could be verified and what information Nunanny CONNECT was unable to verify.

Nunanny CONNECT’s Limited Liability in Respect of Screened Candidates

  1. As part of the screening process, Nunanny CONNECT will make every effort to validate a candidate’s qualifications, references, experience and any other statements or representations made to Nunanny CONNECT by that candidate or third parties.
  2. Notwithstanding Nunanny CONNECT’s efforts, the final decision to select a specific candidate to be screened rests with you as the client.
  3. The parties herby acknowledge and agree that Nunanny CONNECT may rely upon information provided to Nunanny CONNECT by third parties as part of the screening process and that, although Nunanny CONNECT will exhaust every effort to ensure that the such information is accurate, Nunanny CONNECT may not be held liable for information related to a screened candidate which subsequently transpires to be untrue.
  4. The client will be liable for payment of any screening fee regardless of the accuracy of the information provided to Nunanny CONNECT and which is subsequently provided to the client.
  5. The client will remain liable for payment of a screened profile and/or will have no claim against Nunanny CONNECT if it transpires that any or all of the initial information provided to Nunanny CONNECT by the candidate is untrue.

Purchasing Profiles

  1. Clients will have limited access to view candidates’ profiles without paying a fee to Nunanny CONNECT. This access will not provide the client with the candidate’s full name nor their contact information.
  2. Once a client has selected a desired profile, the client can purchase the full profile via Nunanny CONNECT’s platforms.
  3. The client will simply select the desired profile and process the purchase online. Once payment has been received by Nunanny, the client will have full access to the purchased profile which will include the candidate’s contact information.
  4. The client will then be able to contact the candidate directly and request the candidate’s services, either temporarily or on a permanent basis.

Nunanny CONNECT’s Limited Liability in Respect of Profiles

  1. Clients hereby acknowledge and agree that when purchasing a profile, they are purchasing only complete access to the profile and not the service of Nunanny CONNECT verifying any information available on the profile.
  2. A purchases profile will therefore consist of information provided to Nunanny CONNECT by the candidate when the candidate registered on Nunanny CONNECT’s database.
  3. Should client’s like certainty regarding the accuracy of any information about the candidate or his or her profile, the client should request and will be liable for the screening fee.
  4. The client hereby agrees that Nunanny CONNECT cannot be held liable for any inaccuracy of any information provided to Nunanny CONNECT by the candidate. The client further agrees that Nunanny CONNECT cannot be held liable for any inaccuracy of any information provided to the client by Nunanny CONNECT.
  5. Notwithstanding that Nunanny CONNECT is absolved of any liability in respect of the accuracy of the information available on its platforms, Nunanny CONNECT will frequently engage with Nannies on its platform to ascertain their availability and to update any information on their profile.

Cancellation of Profile Order

  1. Once you have selected and paid for a specific profile, you may only cancel the profile purchase if Nunanny CONNECT has not yet provided you with full access to such profile.

 

  1. If you have been provided with full access to any profile, Nunanny CONNECT will not be able to refund your purchase.

 

  1. If you are unsatisfied with the candidate’s profile, you will not be able to cancel your purchase and request a refund.

 

  1. Nunanny CONNECT will provide you with an option to select an additional profile at no additional cost if the profile you purchased and therefore the contact information is inaccurate or no longer exists (i.e. if the respective candidate has changed their contact information).

Nunanny CONNECT’s Limited Liability in Respect of Candidate Employment

  1. Nunanny CONNECT’s service includes providing clients with screened and vetted candidate profiles. Nunanny CONNECT does not guarantee the placement or availability of candidates.
  2. Nunanny CONNECT does not act as a temporary placement service and therefore, if you elect to hire a candidate, temporarily or on a permanent basis, Nunanny CONNECT will have no liability in respect of such hire.
  3. You, as the person hiring a candidate, will be solely responsible for the adherence to applicable labour laws including the Basic Conditions of Employment Act and the Labour Relations Act.
  4. You hereby indemnify Nunanny against any and all liability related to and arising from the engagement with and placement of any candidate that you have been able to contact as a result of any service that Nunanny CONNECT provides to you, including the ability to purchase candidate profiles.

Liability of Purchased Profile Fees

  1. A profile fee will be payable to Nunanny CONNECT if you employ any candidate:
    • Which is registered on Nunanny or Nunanny CONNECT’s database and which you came to know about by perusing any one of our platforms but did not purchase a profile in the preceding 12 months or otherwise enjoy Nunanny’s placement service; or
    • is employed or otherwise registered on Nunanny or Nunanny CONNECT’s database and who you came to know about through one of the other candidates employed by or registered on Nunanny or Nunanny CONNECT’s database or which you came to know about via any other third party with which Nunanny had dealings during the preceding 12 months.

Limited Liability for Nunanny

  1. The parties hereby agree that Nunanny, nor any of its Directors or employees, will not 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. Nunanny 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 candidate, 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 candidate 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 results from a breach by Nunanny, a candidate, 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.
  4. Such information is made available to Nunanny with the candidates’ 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 and Nunanny.  
  7. If you breach this confidentiality clause, you may be held liable for damages to the candidate and/or Nunanny.
  8. Simply put, you may not disseminate or publish any candidates’ personal information including contact information without the candidate and Nunanny CONNECT’s consent.

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 amended 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 CONNECT service via an online platform, your continued use of such platform will be deemed a tacit acceptance of the terms and conditions and any changes thereto.

 

                                                                                                                                               

Signed by Client                                                                      Date

 

                                                                                                                                               

Signed by Witness                                                                  Witness Name

 

                                                                                                                                               

Signed for and on behalf of Nunanny (Pty) Ltd                      Date