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Event Care Terms and Conditions

1.    Engagement of Services

You (“The Client”) hereby requests Event Care Service which may include corporate event care, family event care or play zone services as described on the website from Sitters4U (“The Agency”) on the terms and conditions set out below for the time requested and from time to time in future and all work undertaken by THE AGENCY shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event.

2.    Service

2.1 No service will be rendered without proof of payment.

2.2 The Client declares that the Client is not an agency.

2.3 The Client is solely responsible for the Clients own interactions with Childminders and other staff provided by The Agency or its affiliates.

2.4 The Client shall be responsible for the provision and accuracy of any information necessary for The Agency to perform the Services as described under the Events section of www.The Agency.co.za and below.

2.5 Should the Client request the services of a ChildMinder or other service provider, met through, or met through a Service Provider met through The Agency, the Client must inform the Agency.

2.6 The Client shall keep all Service Providers details strictly confidential and shall not pass these details on under any circumstances.

2.7 The Agency shall keep The Clients details strictly confidential except where details are required to be passed to Service Providers for the purpose of carrying out the requested service.

2.8 All bookings made are additionally subject to our Family Care Service Terms & Conditions of Service.

2.9 A booking cannot be traded or transferred to another person or legal entity.

2.10 If the Client fails to pay on the due date, the client will become liable to pay all costs in connection with the collection of the arrears including legal costs.

2.11 From time to time we may introduce new services and/or facilities. If you wish to make use of any new services or facilities, The Client will be required you to pay an additional fee.

2.12 To the fullest extent permitted by law, we may transfer and/or delegate to any third party our rights and/or obligations under this Contract without your consent or notification.

2.13 This Contract contains all the terms and conditions of our agreement and no representation, addition, variation or cancellation of this Contract shall be of any force and effect unless it is in writing and signed by The Client and The Agency.

2.14 The Client agrees that we may validly serve any notices at the physical address or email address that we have on record for you. Any notice or communication sent by you to us should be emailed to sitters@sitters4u.co.za or provided over Whatsapp on +27746560469. Please check with us to confirm that we have received correspondence addressed to us, as we can only action and be bound by notices that we actually receive.

2.15 The Client acknowledge and agree that this Contract was properly and fully completed before you signed it and you confirm that the information contained in it is true and correct and that you fully understand it.

2.16 The laws of South Africa apply to this Contract.

2.17 The Agency reserves the right to vary these Terms & Conditions at any time. Please visit www.Sitters4U.co.za to ascertain our latest Terms & Conditions.

2.18 The Agency reserves the right to make changes to the Service as deemed necessary or desirable.

3. Event Booking Details

All bookings will be regarded as provisional until a non-refundable deposit for the required services (as set out in Clause 4.4 below), and only if accepted by The Agency will the booking be confirmed. The Agency is not under any obligation to continue holding provisional bookings beyond the given option date (usually 10 working days from the time of booking), if these have not been received. For the purposes of this Agreement “working days” shall mean Monday to Friday inclusive.

4. Price & Payment

4.1 All prices quoted by The Agency may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of The Agency.

4.2 Any query arising from an invoice must be notified to The Agency in writing by the Client within 10 working days of the date of the invoice receipt. Failure to comply will render the full invoice payable on the due date.

4.3 It is strictly the responsibility of the representative of the Client confirming the booking to inform all relevant parties of the payment terms, as set out by The Agency.

4.4 Deposit – A deposit of 50% of the total fee payable (including VAT), as quoted and agreed in the written proposal of any event or programme shall be payable on confirmation of order or monthly in advance for ongoing contract for the booking of service providers (service providers/entertainers/child care/management etc), and 100% in the case of equipment hire, catering, customised designer furniture and décor. The remaining 50% for service providers shall be known as the “balance”.  Please note, confirmation of entertainers, and child care service is only provided on receipt of a 50% deposit, while confirmation of booking decor, items for purchase, play equipment is only provided on receipt of 100% deposit.

4.5 Balance Due – the balance of the total fee shall be payable 14 working days prior to the event date.

4.6 Additional Expenses – any additional expenses or fees resulting from any changes made by the Client, that have not been quoted in the agreed proposal but subsequently incurred by The Agency, will be invoiced separately after the event. Payment will be due within 3 working days of presentation, any queries thereon raised within 3 working days of presentation and payment shall be made in accordance with Section 4. THE AGENCY will agree any additional expenses or fees with the client prior to these being incurred.

4.7 Late Bookings – Should a booking be made within 20 working days of the event date, payment in full will be required to secure the event.

5. Legal and Agency Requirements

5.1 Event Childcare Ratios
The number of children to carers allowed at an event are regulated by the Children’s Act 38 of 2005 and Child Care Facilities By-law of 2015.  It is the Clients responsibility to ensure that the correct number of event child carers are booked to look after the appropriate number of children. When booking event childcare.

We provide up to 100 staff for events, at a ratios of:

i)    Share Care: If parents will be present:
1 candidate: 20 children or activity based that will be made available.

ii)    Sole Care: If parents will not be present:
•    1 childminder: up to 10 children, over the age of 6 years old
•    1 childminder: up to 6 children, aged between 4 and 6 years old
•    1 childminder: up to 4 children, aged between 3 and 4 years old
•    1 childminder: up to 3 children, aged below 3 years old.
iii)    Where the number of children expected is unknown, we will cater on an activity station basis, a minimum of 2 staff is advised for smaller entertainment equipment, 3 for larger stations.

iv)     The Agency accepts no responsibility for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly, from having the incorrect adult/child ratio.

5.2 As stipulated in the Act, additionally;
i)  Children must be separated into the following age categories in separate rooms or physically separated sections or places:
•    Children under the age of 18 months;
•    Children between the ages of 18 and 36 months;
•    Children between the ages of three and four years; and
•    Children between the ages of four and six years

ii) Where a partial care facility provides after care facilities to children of school going age, these children must be kept separate from the children in the above mentioned age groups.
iii)    Where more than 50 children are enrolled for a full day or partial care facility, there must be a separate room or place to be used as an office and as a sickbay.

5.3 Sole CARE:
i) Check in systems
a) Where The Client request SoleCARE, the area will need to be cordoned off in its own parent free area which is manned fully by The Agency and/or Affiliate Staff/External Contractors.
b) A check in desk will need to be provided or hired on the clients behalf and at least 2 Junior candidates will need to be booked to man this station.
c)All parents or guardians signing children into this zone must sign the provided liability and/or indemnity signin form and sign out form.
d)Only the adult who checked the child in in the morning, or their listed emergency contact, may check them out.

ii) Sleeping Area: For public or private events using SoleCARE on a full day basis and catering to children under 5 years old, you will need to separate sleeping children from other children. For larger events catering to over 50 children, a dedicated nap room or cordoned off area is required. For a much larger event it may work better to have separate rooms for different age groups.

5.4 Catering
Where full day (6 hours or longer is booked), include both the children and the carers and/or Affiliate Staff/External Contractors in your catering numbers.

5.5 Furniture
Where The Agency  and/or Affiliate Staff/External Contractors supply furniture or other equipment, otherwise you will need to rent or buy these at the minimum:
•    portable cribs for all children under 24 months of age
•    sleeping mats or very low beds for children between 24 and 36 months of age
•    a table for food to be served on
•    bouncy chairs or similar for all children under 6 months of age
•    chairs or high chairs for all children 6 months of age and over

5.6 Toys
Where The Agency  and/or Affiliate Staff/External Contractors may provide toys or similar equipment, if this has not been requested by the client, the Client agrees to rent or buy a number of age appropriate toys at a ratio of 2–3, per child attending.

5.7 First Aid Kits
i) Where less than 50 children will require care a ratio a well-stocked first aid kit must be made available and accessible in the children’s area and at least 1 small kit per 15 children must be purchased to be provided to a senior or mid level carer.

ii) Where more than 50 children are enrolled for a full day or partial care facility, there must be a separate room or place to be used as an office and as a sickbay and a dedicated first aid qualified and trained person must be booked to man this area.

5.8 Juices and Water supply
The Client agrees to provide water and /or juices for both children and carers/ affiliate staff/external contractors on event days

5.9 Sunscreen
For outdoor events the client agrees to order from The Agency or to supply sunscreen at a rate of 1 large bottle to 10 children expected.

5.10 Equipment and Externally Booked| Hired Items/Décor/Equipment

i) All provided information regarding The Agency and/or Affiliate Staff/External Contractors  is correct at the time of quotation, but may increase if a longer than 7 day period passes from the date of quotation as a particular supplier may in the interim book out of the booked item/items and need to be replaced.

ii) All activities and service providers/equipment is confirmed as being available at the time of quotation, however bookings are subject to availability. The Agency reserves the right to replace a booked product or service with a similar product or service should the product or service booked no longer be available at the time of booking by the time payment is processed by The Client.

iii) All rented equipment hired from various suppliers remains the property of that supplier. The undersigned is therefore liable for any costs incurred at the event/wedding due to items being damaged, broken, lost or extra costs incurred during date change or wedding cancellation.

iv) All rented/hired equipment will be booked under the name of the client, and therefore does not make The Agency liable for any expenses due to breakage, damage or loss for that specific event.

v) The Agency will not be held responsible for any loss, damage, or broken items hired by the undersigned through our services for that specific event.

vi) As soon as delivery has been made of the specific décor items, it then becomes the responsibility of the client, and the client is therefore liable as depicted above.

vii) A holding deposit/booking fee/refundable deposit will be required at the discretion of the suppliers and The Agency. This deposit will be proportionate to the total cost of that which is being hired. This deposit will be refundable if no loss or damage was incurred; or if it is a non-refundable deposit, will be credited off the total cost. This will vary depending on the supplier’s terms and conditions and will be referred on the overall budget breakdown supplied by The Agency as “refundable deposit”.

viii) The Agency will not be held financially liable for any price increases of any supplier. (I.e. Venue, flowers, food, décor, photography, videography, cakes, marriage officer, DJ, lighting, tents etc.) The financial cost will therefore become the responsibility of the client. The Agency therefore advises clients to be aware of price escalations over one, two or three...year periods, depending on your event date and will work hard to make every effort to ensure that escalations are factored.

ix) Price escalation costing as presented in (5.10.vi) will be discussed with clients and The Agency will bring to their attention of any foreseen costs to the best of their knowledge at the time. Although, cannot be held liable should any respective supplier have withheld any increase knowledge.

x) All delivery/set-up/breakdown/collection/midnight strike services are not included in hiring prices and will be added onto the overall décor budget breakdown provided by The Agency.

xi) Items hired will not be delivered unless full payment is made 14 days prior to the event date, or otherwise specified.

xii) All Balance amendments in terms of guest count will therefore need to be submitted for finalisation on the timeframe specified in 2.9.

xiii) Orders will be locked down in terms of price for that guest capacity and is therefore no longer refundable.

xiv) Should specific payment dates not be adhered to, proposed hire items during mock up sessions or discussions can therefore not be guaranteed in terms of availability and substitutions will therefore need to be presented to the client and considered for rework of design proposed.

xv) Cancellation of hired items can result in deposits/booking fees being forfeited and is at the discretion of the supplier, and subject to the suppliers’ terms and conditions. The Agency will not be liable for refunding these deposits/booking fees and will be at the expense of the undersigned.

5.11 Overtime | Working Hours
i) Rates are paid per hour, half hour rates do not apply.
ii) Double rates apply on public holidays and from 6pm the night before a public holiday.
iii) Overtime, or extra hours to be charged on completion, or on receipt of further booking details at the hourly rate quoted+ 30% booking fee.

Please Note: Under the current legal limitations we are able to host up to 100 (indoors) or 250 (indoors/outdoors) children on a site for Sole - Care (no parents in a separates childcare zone) or if Share - Care (with parents present) is required, up to 100 (indoors) or 250 (indoors/outdoors) including staff and children may be present at a single venue.  (January 2021)
You can review additional requirements regarding the act: https://openbylaws.org.za/za-eth/act/by-law/2015/child-care-facilities/eng/.

6. Cancellation by The Client

6.1 This clause applies to the following: where the client (a) cancels the entire event, (b) cancels partial use of the facilities for the event or (c) reduces the duration of the event as a result of which the contracted value is reduced.

6.2 Where the Event is cancelled or terminated and where such cancellation or termination occurs due to reasons which are outside The Agency’s reasonable control, The Agency shall be entitled to retain from any sums hitherto received from the Client or which may still be due from the Client to The Agency such costs, expenses and disbursements which it has incurred or for which it shall or may be liable in connection with the Event and such contribution to the Company’s overhead as shall be reasonable

6.3 Should an event be cancelled, the following cancellation charges will apply and extend to the total charge which includes: any required accommodation, function room hire, equipment, pre-booked food and beverage charges.

In addition, the client will settle any third-party charges incurred by The Agency on behalf of The Client.

6.4 Cancellation Clause %

After the deduction of such reasonable fees as mentioned in 6.2 above the following fee percentage will be retained, or if not yet invoiced, invoiced, at the following %:


•    90 working days prior to the event 50%
•    90 to 31 working days prior to the event 80%
•    31 working days or less prior to the event 100%

6.5 Where the Event is cancelled or terminated and where such cancellation or termination occurs due to reasons which are outside the Company’s reasonable control, The Agency shall be entitled to retain from any sums hitherto received from the Client or which may still be due from the Client to The Agency such costs, expenses and disbursements which it has incurred or for which it shall or may be liable in connection with the Event and such contribution to the Company’s overhead as shall be reasonable and shall return any balance to the Client.

6.6 All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.

6.7 The Agency reserves the right to cancel the client’s booking if there has been a change of more than 40% of the client’s original contract. Written notification will be sent to the client.

6.8 Any postponements of confirmed and contracted business or any Public Health Emergency declared by South Africa, the Chief Medical Officer for South Africa or any law or any action taken by the South African Government or public authority that directly affects the operation of the event will be considered as a cancellation in accordance with the above cancellation clauses. However, provided the revised event date is agreed (subject to availability) and takes place within 12 months of the original event date, 50% payments received by The Agency from the client shall form a credit towards the future event. Should any postponement costs be incurred by The Agency, the client will be notified and these costs will be deducted from the amount held as credit.

6.9 Additional costs reasonably incurred by The Agency in cancelling any arrangements connected with the Event shall be paid by the Client on demand.

7.Cancellation by The Agency

7.1 The Agency reserves the right to cancel the client’s booking if there has been a change of more than 40% of the client’s original contract without refund. Written notification will be sent to the client.

7.2    The Agency may cancel the Booking:
- if the booking might prejudice the reputation of The Agency;
- if the Agency becomes aware of any deterioration in the Client's financial situation such that the Agency reasonably considers The Client may not be able to fulfil its material obligations under the Agreement; or if The - Client fails to pay any sum when due.
7.3 The Agency may charge the cancellation fees provided in Clause 6 in the event of any cancellation under this Clause 7.

8. Indemnity, Damages and Liability

8.1 The Agency disclaims any and all liability for any loss, damage, costs or expenses suffered by the Client, directly or indirectly, arising from the Candidates’ and/or Affiliate Staff/External Contractors employment with the Client.

8.2 The Agency is not responsible for losses or damages suffered by either the Candidate, and/or Affiliate Staff/External Contractors or the Client.

8.3 In selecting Candidates, The Agency has relied on the information supplied by the Candidate , and the information obtained from references supplied by the Candidate and/or Affiliate Staff/External Contractors.

8.4 The Agency has relied on such information in good faith and has passed on such information to the Client in good faith. The Agency shall bear no liability whatsoever for any loss or damage suffered by the Client, directly or indirectly, arising from the Candidate’s  and/or Affiliate Staff/External Contractors employment with the Client.

8.5 In the event that the Candidate and/or Affiliate Staff/External Contractors suffers any loss, injury or damage arising out of her employment with the Client, the Client hereby indemnifies The Agency in respect of any claims made against The Agency as a result of such loss, injury or damage by the Candidate and/or Affiliate Staff/External Contractors and/or any other person.

8.6 On some events, the activities that the Clients will undertake may be inherently dangerous although all guests are fully supervised throughout. As such neither The Agency and/or Affiliate Staff/External Contractors shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the event.

8.7 The Agency is not responsible for providing insurance or any payroll taxes and has no employment relationship with the Candidates and/or Affiliate Staff/External Contractors contracted on the clients behalf as provided.

8.8 The Client declares that the Client is not an agency and is using this service in a personal capacity only, for the service specified in this contract. Should the Client use this service, the Client agrees that, should a Candidate and/or Affiliate Staff/External Contractors introduced to the Client by The Agency, enter into any contract of employment whatsoever, directly or indirectly, notwithstanding that such employment would exclude. The Agency from receiving a registration/listing and/or placement fee, The Agency shall be entitled to fine the Client a sum of R 20 000 (ZAR) and any legal costs incurred by The Agency when collecting this fee.

8.9 The Agency shall not be liable to the Client or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of The Agency’s obligations if the delay or failure was due to any cause beyond The Agency’s reasonable control.

9. Force Majeure

The Agency shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God (other than one arising from or related to directly or indirectly from volcanic ash), strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, and The Agency shall be entitled to a reasonable extension of its obligations.

10. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

11. Your Personal Information

Our Privacy Policy (which is incorporated by reference into the Contract and can be found at http://www.The Agency.co.za/article/privacy-policy_529 ) explains the way in which we collect, use and store your personal information

12 .Confidentiality:

12.1 The Client undertakes to treat all information supplied by The Agency about a Candidate, Affiliate Staff/External Contractors as confidential and not to pass such information on to any third party, unless strictly required in order for the Candidate , Affiliate Staff/External Contractors to carry out her obligations to the Client.
12.2 The Client understands that in order to make a booking, or request of service the Client must always first contact The Agency before speaking to any Candidate /Affiliate Staff/External Contractors that the Client has met at any point in time through The Agency in order to request their services.
12.3 Should a Candidate| Affiliate Staff/External Contractors introduced to the Client by The Agency enter into any other employment arrangement through the Client, directly or indirectly, notwithstanding that such other employment arrangement would exclude The Agency from receiving a placement fee or receiving a service fee, The Agency shall nevertheless be entitled to a placement fee from the Client in accordance with the terms and conditions set out in the applicable services terms and conditions of the procured service as found on www.Sitters4U.co.za

13. Late Payments | Non-Payments | Violation of Terms Fees:

13.1 Delinquent bills will be assessed a R 500 (ZAR) if payment is not received within 10 days of the date on the invoice that the Client will be emailed or given by the selected sitter.

13.2 If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be charged monthly.

13.3 Should this fee not be paid in full or as agreed in writing and the account is handed over for collection, the Client will, in addition to the placement fee and any fees due to the Candidate /Affiliate Staff/External Contractors, will also be responsible for all legal costs incurred.

13.4 If at any time after an initial meeting between a Client and Candidate/ Affiliate Staff/External Contractors referred by The Agency becomes either directly or indirectly employed by the Client, and the Client does not notify The Agency or does not pay the appropriate placement fee the Client agrees to pay The Agency, in addition to the relevant fees depending on the service contracted, an additional fee of R 15 000 will be added and the Client agrees to be responsible for any legal costs incurred by The Agency in collecting such fees.

13.5 The Client understands that by agreeing to these terms and conditions the Client may not employ any friends or relatives of the Candidates/Affiliate Staff/External Contractors sent to them by The Agency.

13.6 Clients that employ the above mentioned people agree to pay, in addition to the fees that would have been collected, an additional fee of R 15 000 will be added and the Client agrees to be responsible for any legal costs incurred by The Agency in collecting such fees.
13.7 Clients wishing to employ such above mentioned persons understands that they can recommend such people to The Agency to be screened properly to ensure their qualifications.

14.Variation and Amendments

14.1 If the Client wishes to vary any details of the Confirmation, it must notify The Agency in writing as soon as possible. The Agency shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to The Client

14.2 If, due to circumstances beyond The Agency’s control, it has to make any change in the arrangements relating to the Confirmation it shall notify The Client forthwith. The Agency shall endeavour to keep such changes to a minimum and shall seek to offer The Client arrangements as close to the original as is reasonably possible in the circumstances.

14.3 The Agency reserves the right to do the following:
i) Amend any accidental error or omission in a Quotation;
ii) Amend any Quotation in order to reflect a change in the circumstances beyond the reasonable control of the Company; and
iii) vary its schedule of charges from time to time.

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