- Apples Au Pairs :: Terms & Conditions

1) EMPLOYMENT INDEMNITY

Apples Au Pairs takes every care in selecting and placing suitable candidates of the highest calibre. We cannot however be held responsible for any dispute that might arise between the Employer and Employee.
Apples Au Pairs cannot be held liable in terms of any misrepresentation by a candidate or for any loss or damage resulting from any act or omission of a candidate, whether intentional or through negligence.

2) REGISTRATION FEE

Upon completing the Client Questionnaire the Client undertakes to pay a once-off registration fee of R230.
The Client's application will not be processed until the fee has been paid.
The fee is valid for a period not exceeding 1 year from the date of receipt of payment.

3) PLACEMENT FEE

This fee is payable in full 7 days from the date of invoice. Invoice is submitted on the date of decision to employ, not on date of commencement of employment.
Upon finding a suitable candidate the placement fee is calculated as follows:
If the contract is for a set period of time, then the following applies:
The Client must inform Apples Au Pairs immediately if they wish to employ a candidate. Should any candidates referred by Apples Au Pairs be employed by a Client on any terms whatsoever which exclude the agency's involvement, within 1 year of the original introduction by Apples Au Pairs, the Client will then be liable to a set fee of R5000. The Client will also be liable for this fee if a member of the Client's family or any other person who was introduced to the candidate by the client employs the candidate.
Please note that the above fees are non-negotiable.
Should the Client not pay Apples Au Pairs within the specified time period, the agency will take legal action against the Client for all outstanding money as well as for legal costs incurred.
Once a candidate has accepted an offer of employment from the Client, the Client is liable for the placement fee even if the employer or employee has not signed the Contract of Employment.

4) CONTRACT OF EMPLOYMENT

The Client is under no obligation to employ a candidate.
Apples Au Pairs will do their best to find a suitable candidate but there is no guarantee and your registration fee will not be refunded under any circumstances.
Should the Client decide to employ a candidate, the Client is required to inform Apples Au Pairs immediately.
In accordance with the Labour Relations Act the Client is required to have a Contract of Employment with the Candidate.
Signing of the Contract is merely a formality - the candidate is viewed as an employee as soon as the client has made an offer in accordance with their Terms and Conditions, and the candidate has accepted it. Failure to sign the Contract does not mean that the employee is not employed by the Client.
Apples Au Pairs will, upon request, provide the Client with a Contract of Employment at no extra charge.
A copy of the signed and completed contract must be sent to Apples Au pairs for our records.
The Contract must be completed and signed before commencement of employment.
No placement fees due to Apples Au Pairs can be withheld if either the Client or employee has not signed the Employment contract.

5) CANCELLATION OF EMPLOYMENT

Should the Client cancel the candidate's employment before commencement of duties, the Client will be liable for the full placement fee even if the Contract of Employment has not been signed. Apples Au Pairs would have already fulfilled its obligations to the Client in finding them a suitable candidate.
If the candidate cancels employment before commencement of duties, Apples Au Pairs will do their best to find and place another candidate free of charge. The placement fee for the previous candidate will not be refunded even in the unlikely event of Apples Au Pairs not being able to find a suitable replacement.
Should the candidate resign within the first 30 days of employment, Apples Au Pairs will do their best to find and place another candidate free of charge. The placement fee for the previous candidate will not be refunded even in the unlikely event of Apples Au Pairs not being able to find a suitable replacement.
If the Client dismisses a candidate within a month of commencement of duties in accordance with the Labour Relations Act, Apples Au Pairs will do their best to find and place another candidate free of charge. The placement fee for the previous candidate will not be refunded even in the unlikely event of Apples Au Pairs not being able to find a suitable replacement. If the Client does not want a replacement candidate found by Apples Au Pairs then in accordance with the Labour Relations Act regarding dismissal, the agency will refund the client 50% of all placement fees paid to Apples Au Pairs by the Client.

These TERMS AND CONDITIONS are legal and binding and valid unless varied by mutual agreement and in writing.