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Film Terms and Conditions of Service

Sitters / Au Pairs in Cape Town, Johannesburg and Pretoria - Sitters4U Babysitting, House sitting and Au Pair services. - Film Terms and Conditions of Service

Film Terms and Conditions of Service

1.    Engagement of Services

You (“The Client”) hereby requests Film 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. Film Booking Details

All bookings will be regarded as provisional until payment is recieved for the required services (as set out in Clause 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 from 09h00 to 16h00, inclusive.

4. Price & Payment

4.1 The Client agrees to pay any invoices due within 3 day of receipt of invoice.

4.2 The Client agrees that no service will be rendered without proof of payment in full in the case of 1 day or short range (2-30 days) or the first month’s service fees as quoted if long range and exceeding 1 month’s service, in which case, payment is due a month in advance thereafter for the duration of the contract.

4.3 The Client agrees that service will not take place until the fees have been paid.

4.4 If service does take place before the service fees have been paid, Sitters4U will have the right to obtain full payment of fees and any legal costs incurred, and will not be obliged to perform the services as specified in this contract.

4.5 Payments must be made promptly.

4.6 Delinquent bills will be assessed a R 500 (ZAR) if payment is not received within 10 days of the date on the invoice.

4.7 If an amount remains delinquent 30 days after its due date, an additional 10% per month will be charged.

4.8 Sitters4U reserves the right to vary these fees at any time.

4.9 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.

4.10 Any query arising from an invoice must be notified to The Agency in writing by the Client within 5 working days of the date of the invoice receipt. Failure to comply will render the full invoice payable on the due date.

4.11 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.

4.12 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 booking. 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 Clause 4. The agency will agree on any additional expenses or fees with the client prior to these being incurred.

5. Legal and Agency Requirements

5.1 Film Childcare Ratios
Review the legal considerations you need to take into account when hosting children on set here:

Working Conditions for children on set
Safety requirements for working with children on set
Working hours of children on a film set
 In addition of consideration of the following acts;

Section 44 and 45 of the BCEA Regulations  
Section 43 of the Occupational Health and Safety Act, 1993
Section 10 of the BCEA;
Child Care Facilities By-law, 2015
Childminder Ratios Required

The ratios of children to minder are determined and laid out in Children’s Act 38 of 2005 and Child Care Facilities By-law, 2015.
 
It is important for all those working on a film set are informed and educated on these acts and regulations to insure a smooth booking and shoot.

We provide up to staff for film, at the following maximum ratios:

•    1 childminder: up to 5 children, over the age of 6 years old
•    1 childminder: up to 3 children, aged between 4 and 6 years old
•    1 childminder: up to 3 children, aged between 3 and 4 years old
•    1 childminder: up to 2 children, aged below 3 years old.

i)     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.

ii) Sleeping Area: For children under 5 years old, on a full day basis, you will need to separate sleeping children from other children.

5.3 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.

5.4 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. Please add to your enquiry should you wish to include toy hire and are providing more than 5 working days notice of booking.

5.5 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

5.6 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.

5.7 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.

5.8 Health of the Child

i)    In order to protect other children, the registered child may only use the services of the Agency if he or she is free of contagious diseases. In the event of illness caused by a disease that must be reported. The Agency and the service provider must be informed immediately. Additionally, a medical certificate stating that the child can return to a care facility must be provided after recovery.
ii)     All children using The Agency Services must have the measles vaccinations recommended by the responsible vaccination authority when they enter school. Proof of this can be provided by the vaccination certificate or   medical certificate. As a rule, the proof must be presented to the management of the institution. It is also possible to obtain confirmation from a previously visited institution that the relevant proof has already been presented there.
iii)    Nutritional intolerances and chronic illnesses of a child requiring care on-set must be reported to the Agency and the service provider in writing in advance and immediately reported in writing if they occur later.

Please Note: Under the current legal limitations we are able to host up to 100 (indoors) or 250 (indoors/outdoors) children on a site including staff and children may be present at a single venue.  (January 2021)

6. Cancellation by The Client

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

6.2Where the Film 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 a booking be cancelled, the following cancellation charges will apply and extend to the total charge which includes: any required accommodation, transport, toy hire or otherwise.

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 Section 6 the following fee percentage will be retained 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 booking is cancelled or terminated and where such cancellation or termination occurs due to reasons which are outside the Agencies 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 Booking and such contribution to the Company’s overhead as shall be reasonable if exceeding the retainer fee mentioned in Clause 6.4.

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 booking 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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