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 or other personal information on the Client Booking Form, prior to being able to enjoy the Nunanny service. If required to do so, you hereby consent to Nunanny using such information as required to give effect to these terms and conditions and/or any service provided by Nunanny.
3. As part of the Nunanny service, candidates may be subjected to a rigorous interview and screening process prior to placement.
4. “Booking fee” will be the fee payable to Nunanny when you make a booking with Nunanny. The booking fee may vary from R200.00 to R400.00 depending on the type of booking you are making.
5. “Candidate” means any person who is being screened or who is available for temporary or permanent placement as a Nanny with a client.
6. “Candidate Matching Fee” means a fee charged by Nunanny in order to provide you with three candidate profiles from which you may make a candidate selection. The Candidate Matching Fee is charged at R600.00.
7. “Client” means you, a client of Nunanny.
8. “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.
9. “Full-time” means a Nanny who works on average 45 hours in a week or otherwise five days a week, eight hours a day.
10. “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.
11. “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.
12. “Permanent placement fee” is the fee payable to Nunanny when it assists you with a permanent placement.
13. “Temporary placement fee” is the fee payable to Nunanny when it assists you with a temporary placement.
14. “COVID-19” means the COVID-19 virus which resulted in the national lockdown commencing from 27 March 2020.

Selection and Suitability of Candidates

12. 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.
13. Nunanny may interview and screen candidates prior to presenting such candidates to you for selection.
14. As part of the screening process, Nunanny will make every effort to validate the candidate’s qualifications, references, experience and any other statements or representations made to Nunanny by that candidate.
15. 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.

Paid Screening Service for Child Care Professionals

12. Nunanny provides a Screening Service whereby you can pay for your Nanny to be screened/verified by Nunanny, and if suitable, to be employed and placed on the Nunanny website and database.
13. Should you wish to enjoy this service, there is a R500.00 screening fee payable upfront, after which Nunanny will check the candidate’s references and relevant certificates.
14. The screening fee is payable before commencing the screening process and it is non-refundable.
15. Nunanny reserves the right not to put a candidate on its database should the candidate not have the right criteria for the website notwithstanding the payment of any screening fee.

Ad-Hoc “Baby Sitting”

16. You can book a Nanny via two means: Either by contacting Nunanny directly via email, telephone, etc. or via the online booking process found at nunanny.co.za.
17. If you contact Nunanny directly, Nunanny will respond with a Client Booking Form which will request various information from you so that we can get you matched with one of the Nannies.
18. If you make a booking online, you will need to click on the “Book Now” button after which you will be asked to complete the Client Booking Form.
19. Once you have completed the Client Booking Form, you will be invoiced for the booking fee in addition to the amount payable to the Nanny for the number of hours and/or days that you have booked.

Temporary Placement

20. 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.
21. 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.
22. A temporary placement can be requested via two means: Either by contacting Nunanny directly via email, telephone, etc. or online via the booking process.
23. If you contact Nunanny directly, Nunanny will respond with a Client Booking Form which will request various information from you so that we can get you matched with one of the Nannies.
24. If you make a booking online, you will need to click on the “Book Now” button after which you will be asked to complete the Client Booking Form.
25. Once you have completed the Client Booking Form, Nunanny will send you an email with detailed information about the process to book a nanny. We will match you to the best candidate that we can find, that has availability for your dates.
26. Should you wish to interview the nanny, you can do so remotely via Whatsapp/ Whatsapp video, or in person if you are in Cape Town.
27. Standard Daily Rate: Once you have selected your Nanny, can choose to book the Nanny a Daily Rate for a full 9 hour day that starts at either 8am or 9am, and ends 9 hours later at 5pm or 6pm.
28. Ad-hoc: Alternatively, you can choose flexible start and end times using our hourly ad-hoc rates. See website for current rates. Sometimes people make a morning booking, and then the same nanny comes back for an afternoon/evening booking. It allows for a little more flexibility. The ad-hoc hourly rate is also used to book babysitting hours in the evenings, should you wish, sometimes as an addition to the Standard Daily Rate.
29. All these rates are inclusive of our temporary placement fee. These amounts will include payment for the nanny’s Unemployment Insurance Fund (“UIF”) and Pay-As-You-Earn (“PAYE”) tax.
30. Once you indicate that you would like to book the nanny, we will finalise the dates and times of your booking. You will be invoiced in advance for the temporary placement fee as well as the amounts payable to the Nanny in order to secure the booking, otherwise the nanny will potentially be placed with another booking, as it gets very busy from November to May.
31. Once you have paid the digital invoice via credit card or eft, in full, your nanny booking is secured. All amounts are payable, in full, upfront
32. Should you require some additional ad-hoc hours to your original bookings, we will do our best to book them for you, and they are payable upfront, on receipt of invoice. Any invoiced amounts are payable to Nunanny upon receipt of the invoice via electronic fund transfer (EFT).
33. 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 the client and Melisa Clayton Allardice.
34. 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. This fee will be in addition to the amount payable for the Nanny’s additional hours.  

Transport for Nannies

35. 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 his or her daily duties after 6pm for the duration of the temporary placement period. The nanny will arrange her transport home via her car, a friend who collects her, Uber/Bolt or public transport.
36. Where it is requested and/or indicated that the Nanny will be finishing work after 6pm, Nunanny will automatically invoice you a R120 once off fee to cover transport costs for the nanny to return home after 6pm.This will be included on your invoice and Nunanny charges no additional fee for this. We operate on this basis so that we can safeguard our Nannies and ensure payment is received upfront when securing the booking.
37. Where you specifically request a Nanny to use his or her own vehicle, or that of a private service/relative because of Covid19 related concerns around exposure to the virus, to get to and from your residence and/or accommodation, regardless of the time, you will be charged at a rate of R120 per trip. This means that you will be charged R120.00 per trip when the Nanny is travelling to and from your residence and/or accommodation when asked to use private transport even though he or she may be traveling earlier than 6pm in the evening.

A Client’s Obligations During Any Temporary Placement

38. Given the Covid-19 pandemic, you agree to provide your Nanny with or access to, at all times, warm water, soap, clean paper towels to dry hands, and a 70% alcohol-based hand-sanitizer.

39. You further agree to the abide by the social-distancing guidelines stipulated by the World Health Organization (WHO).

40. Nunanny has undertaken to keep our employees informed of the latest health and safety guidelines via information shared on our WhatsApp Group.

41. Nunanny offers further support in respect of the provision of masks, hand sanitizer and soap to our Nannies as required. These provisions do not negate your obligation, as the client, to provide sanitizer and soap to any Nanny working for you.

42. 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.

43. 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.

44. 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.

45. 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.

46. 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.

47. Although the Nanny is employed by Nunanny during any temporary placement period, you may be held jointly and severally liable for any contravention of any legislation regulating the Nanny’s employment and/or placement with you including the contravention of the Basic Conditions of Employment Act and/or the Labour Relations Act.

48. Nunanny reserves the right to recover from you as the client any and all amounts that become due and payable to any Nanny as a result of any action taken by you against any Nanny without Nunanny’s consent. This includes the cost of any process preceding such payment, award, damages, etc.

49. We therefore encourage you not to take any action against any Nanny without Nunanny’s consent.

Cancellation of Temporary Placements

50. You may cancel any temporary placement by giving the following written notice which should be sent directly to Melisa Clayton Allardice in writing (which includes via email, WhatsApp or text message):
    • If the temporary placement period is for three days or less: 48 hours’ written notice is required:
      • If you cancel with 48 hours or more notice prior to the booking date and time, then we will refund to you 60% of the amount payable to the Nanny. This means that you will forfeit the booking fee and/or temporary placement fee and 40% of the amount payable to the Nanny.
      • If you cancel with less than 48 hours’ notice prior to the booking date and time, then we will retain 100% of the booking and/or temporary placement fee and 100% of the amount payable to the Nanny. This means that you will forfeit all invoiced amounts.
    • If the temporary placement period is for more than three days but less than 90 days, we require 20 working days’ notice:
      • If you cancel with 20 days or more notice prior to the booking date and time, then we will refund to you 60% of the amount payable to the Nanny. This means that you will forfeit the booking and/or temporary placement fee and 60% of the amount payable to the Nanny.
      • If you cancel with less than 20 working days’ notice prior to the booking date and time, then we will retain 100% of the booking and/or temporary placement fee and 100% of the amount payable to the Nanny. This means that you will forfeit all invoiced amounts.

51. The obligation to pay any amounts that become due and payable as a result of any cancellation will be subject to Melisa Clayton Allardice’s discretion, and we will take into account any lockdowns, and conditions that prevent the client from travelling from or to South Africa.
52. 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, minus our booking/temporary placement fee, or provide you with a refund for 100% of the Nanny’s fee for the hours booked, but not used.
53. 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 will include both the booking and/or temporary placement fee as well as the amount that the Nanny would have been paid for the temporary placement period.

Permanent Placements

54. A permanent placement means any placement that has or is intended to exceed three months or ninety days. The amount of hours the Nanny works 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.
55. You can request a permanent placement via two means: Either by contacting Nunanny directly via email, telephone, etc. or via the booking process online.
56. If you contact Nunanny directly, Nunanny will respond with a Client Booking Form which will request various information from you so that we can get you matched with one of the Nannies.
57. If you make a booking online, you will need to click on the “Book Now” button after which you will be asked to complete the Client Booking Form.
58. Once you have completed the Client Booking Form, Nunanny will send you an email from Diarize Me containing an invoice for the Candidate Matching Fee (R600.00). Once paid, Nunanny will provide to you three candidates from which you can choose.
59. If you change your selection criteria or require additional candidates from which to choose, Nunanny will charge you another Candidate Matching Fee for the next set of candidate profiles.
60. The R600.00 Candidate Matching Fee is not refundable should you not find the right candidate.

Permanent Placement Trial Period

61. Once you have selected a candidate for permanent placement, the candidate will be placed with you on a trial-basis for a maximum of seven days. The applicable rate payable during this trial period will be R300.00 per 6-hour day, and R400.00 per 7 hours or more day.
62. Should you wish to extend this trial period beyond the allotted seven days a fee of R700.00 per half and/or full day will become payable for any period exceeding the initial seven-day trial.
63. Nunanny will invoice you for the trial period prior to the commencement of the trial period and therefore prior to the Nanny starting with you.

Permanent Placement Fee

64. 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, or text message). At this point, the following permanent placement 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 R2 000.00 (two thousand rand excluding VAT) is payable.
    • If the Nanny is placed with you for two full days per week, a once-off permanent placement fee of R3 000.00 (three thousand rand excluding VAT) is payable.
    • If the Nanny is placed with you for three full days or more per week, a once-off permanent placement fee of R4 000 (four thousand rand excluding VAT) is payable.
65. 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 the client and Melisa Clayton Allardice.
66. You will be invoiced after the trial period and at the commencement of the Nanny’s employment with you for the permanent placement fee.
67. 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.

Your Employment Agreement with the Nanny

68. Once you have decided on a Nanny, Nunanny will also send you an employment agreement which you and the Nanny will need to sign and return to Nunanny within five (5) working days.
69. Please appreciate that once you have conveyed that you want to place a Nanny, you will become the lawful employer of that Nanny, regardless of whether the employment agreement given to you and the Nanny is signed.
70. Nunanny will assist in facilitating the signature of the agreement and you are welcome to approach Nunanny with any questions.

Permanent Placement Guarantee

71. Once you have selected a suitable Nanny for permanent placement, Nunanny will provide you with a one-month guarantee, unless otherwise agreed with Melisa Clayton Allardice.
72. During the guarantee period, Nunanny will find you one alternative candidate at no additional cost should the candidate you initially selected and employed become unsuitable for your household or needs.
73. Therefore, the permanent placement guarantee allows you to use the permanent placement service of Nunanny at no additional fee within one month of having paid a permanent place fee. This is, of course, only applicable to assist in replacing your previous Nanny and cannot be invoked to place an additional Nanny.
74. Please note that you, as the lawful employer of the Nanny you had selected, will be responsible for effecting the lawful and fair termination should the Nanny no longer be suited to your needs.
75. Nunanny will not be responsible for any costs involved in the lawful and fair termination of any Nanny once you have signed the employment agreement with that Nanny and/or once the trial period has expired and if the Nanny continues to work for you.
76. However, prior to sourcing an alternative candidate for you, 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 and would like to protect our Nannies against circumstances that may be unpleasant.
77. Should it be discovered that you, as the client, made any employment relationship untenable prior to the expiry of the guarantee period, Melisa Clayton Allardice will retain discretion as to whether to recommend another candidate to be placed with you. Should Melisa Clayton Allardice elect not to place another candidate with you given your behaviour and/or the working conditions, you will have no claim to recover any permanent placement fee or any other costs from Nunanny.
78. If you, as the client, decides to terminate the Nanny’s employment once you have decided to permanently employ the candidate but before the Nanny commences work with you, you will 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.
79. Equally, if the Nanny decides to terminate the placement with you as a result of any valid reason such as failure by you as the client to provide suitable working conditions / accommodation, you will 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.
80. Nunanny does not guarantee the continued employment of a selected candidate and, therefore, should the candidate terminate his or her employment with you at any time, you will have no claim to recover any permanent placement fee or any other costs from Nunanny.
81. Please remember that, like with any employment relationship, Nunanny has no control over whether a candidate wants to remain in your employ. We therefore encourage clients to foster and maintain a working relationship that is enjoyable and constructive for both you and the Nanny.

Cancellation of Permanent Placements and Liability in Respect of Employment

82. 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.
83. 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 therefore not simply provide Nunanny nor the Nanny with notice of termination but will be required to provide a valid reason recognised in law and follow the required procedure to terminate the employment relationship.
84. 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.
85. 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.
86. Should any Nanny challenge the terms and conditions of his or her employment with you or the termination thereof after you have entered into an employment agreement with the respective Nanny, you will have no claim against Nunanny in respect of any dispute referrals pertaining to such challenge.

Liability of Placement Fees

87. 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.

Client Obligations for Live-in Nannies

88. Whether a live-in Nanny has been temporary or permanently placed, you hereby agree to provide the following to a live-in Nanny:
    • His or her own bedroom with windows;
    • His or her own bed;
    • His or her own bathroom or access to a shared bathroom facility with a reasonable amount of private time and which has running hot and cold water;
    • An area wherein the Nanny can enjoy some privacy being his or her own bedroom, a lounge, etcetera;
    • An area wherein the Nanny can prepare and make meals such as a kitchen or a stove top located in the Nanny’s bedroom unless meals are provided to the Nanny; and
    • Electrical points which the Nanny can use for things like charging his or her cell phone, laptop, etcetera.
89. Whilst the above requirements are the minimum requirements for live-in Nannies, Nunanny encourages clients to recognize the value in making the Nanny feel comfortable and welcome. A relaxed and well-cared for Nanny will always be in a better position to assist with your children in a better manner.
90. Nunanny retains the right to unilaterally terminate the placement with you should it transpire that you have not provided to any live-in Nanny these minimum requirements. Should Nunanny cancel any placement on this basis, you will not be entitled to recover any placement fee and/or costs associated with the placement.

Limited Liability for Nunanny

91. The parties hereby agree that neither 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. 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 Nanny, 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.
92. 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 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.
93. This includes the costs of damages to any property and/or injury to any person as a result of a Nanny’s, client’s or third party’s actions and which may have arisen as a result of any of the services provided by Nunanny pursuant to these terms and conditions.

Confidentiality

94. These terms and conditions are confidential and should only be shared between clients and Nunanny, as applicable.  
95. 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.
96. In the course of providing services to clients, Nunanny will acquire the personal information of candidates and / or Nannies.
97. 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.
98. 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.
99. 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.  
100. 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

101. By affixing your signature hereunder or by accepting such terms and conditions electronically, you are agreeing to be bound by every clause herein.
102. 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.
103. 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.
104. 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.

Signed by Client                                                                      Date

Signed by Witness                                                                  Witness Name

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