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					TERMS AND CONDITIONS

  1.     These terms and conditions are available for perusal on www.

  2.     Sitters on Call CC (SOC) is a duly registered close corporation with registration number :
               in the which provides sitting services for homes, children and the frail;

  3.     The signatories warrant that by checking the tick box on the website listed above, they warrant and record
         that they fully understand the contents hereof, were not induced to enter into any agreement by SOC, that
         SOC has made no representations about the services offered and that SOC shall not be held liable for any
         bona fide or innocent misrepresentations which are proven to have been made;

  4.     In this agreement, unless expressly stated otherwise, words terms or expressions which denotes:

            4.1      The singular shall also indicate the plural and vice versa;
            4.2      Any gender shall incorporate the other genders;
            4.3      A natural person shall include a reference to juristic persons in whichever form inferred from
                     the context and vice versa;
            4.4       “Agreement”; “This Agreement”, “The Agreement”: shall mean the offer to contract made by
                     the Client to SOC as well as all past, present and future agreements, oral or written concluded
                     between the parties;
            4.5      “Parties” shall mean the Client and SOC

   5.    Any agreement between the Client and SOC, whether reduced to writing or not, shall be subject to the laws
         of the Republic of South Africa and the parties hereby consent and submit to the jurisdiction of the
         Magistrates Court, in terms of section 45 of the Magistrates Court Act 32 of 1944, notwithstanding that the
         dispute may fall outside the Magistrates’ Court’s jurisdiction, without prejudice to the rights of SOC to
         initiate action elsewhere or in a court of superior jurisdiction;

   6.    Notwithstanding any indication to the contrary, the parties hereby agree that this agreement and any and all
         future agreements were and are concluded in Pretoria;

   7.    A certificate under the hand of the senior member of SOC stipulating the balance due on the Client’s
         account shall for all intents and purposes constitute prima facie proof of the amount owing and the burden
         of proof to prove the contrary shall accrue to the Client;

   8.    SOC reserves the right to amend the terms and conditions stipulated herein at any stage by publication on
         the website. Any amendment, variation or cancellation shall be in full force and operation immediately upon
         publication.

   9.    No relaxation or indulgence offered by SOC to the Client, or the failure by SOC to completely enforce it’s
         rights in terms of any agreement or the law in general shall in any way prejudice SOC from exercising its
         complete and unrestricted rights in terms hereof or in terms of the law;

   10.   Should any clause herein be deemed invalid for whatever reason, such clause shall be severed and the
         remainder shall continue to be of full force and effect;

   11.   The Client shall in no way be permitted to assign, cede or delegate any of it’s rights or obligations in terms
         of this agreement without the prior written consent of SOC;

   12.   The signatories hereto warrant that they are duly authorized to bind the parties to this agreement by virtue
         of a duly effected resolution, that their authority need not be proved and that the provisions of this
         agreement and the entire agreement itself shall not be invalidated purely by the proof that the signatory did
         not have the due authority to sign this agreement on behalf of the relevant party concerned;
13.   Upon request for services, SOC shall create a quotation for the Client;

14.   The request for services must be comprehensive and must fully and completely set out:

      14.1          The nature of the services required;
      14.2          Any specific information SOC must have in order to pass onto the relevant Sitter which may
                    include, but not be limited to:

                sitter preference relating to age, experience, special skills required etc
                specific information relating to the home, alarm systems, potential concerns, defects or other
                 problems;
                potential criminal activities in the area or crimes suffered which are likely to occur again;
                areas of the home to remain locked, potential hazardous entry points, the storage of any
                 dangerous materials or areas where anyone is forbidden;
                specific insurance clauses, any conduct which may invalidate the client’s insurance policy or cause
                 the policy to be repudiated;
                any and all details of the person under the sitters care including allergies, medical conditions,
                 special dietary requirements, bed / feeding times, programming or activities prohibited;
                an emergency hand over person, fully identified by name and South African Identity Number, that
                 he Sitter may hand over to in the event that the Client does not arrive timeously after the
                 conclusion of the booking, has not notified SOC of a delay and cannot be contacted;
                absolutely any information which could lead to a concern which the sitter would not have been
                 advised of or prepared for.

15.   It is specifically recorded that under no circumstances will SOC be held liable for any conceivable damage
      howsoever occurring which stems directly or indirectly from the failure of the client to provide the
      abovementioned information accurately and completely or any other relevant information to the given
      situation;

16.   In addition, even with such information having been provided, SOC will not be liable for any damages
      caused to property or person howsoever arising unless it can be proven that same was attributable to the
      sitter’s wilful and gross negligence or intentional activity. In this regard, the onus shall be on the client to
      prove same;

17.   The terms and conditions hereof shall be binding on the Client from date of initial request whether orally or
      in writing and whether the offer is accepted by SOC or not;

18.   Signature of the quotation shall constitute an offer to SOC by the Client. Same will only be confirmed as a
      contract between the parties upon acceptance thereof by SOC and the contract herein may, after signature
      by the Client, not be cancelled at any stage;

19.   Should the Client in elect to cancel the booking, the client shall remain liable for any time spent or
      expenses incurred by SOC and shall in any event remain liable for the full amount charged for the booking
      unless same is cancelled more than 24 hours in advance;

20.   The Client hereby waives its right to be notified of acceptance of the Client’s offer by SOC

21.   The Client shall be liable for any damages suffered by SOC in the event of a delay in delivery as a result of
      the conduct of the Client, failure to give adequate instructions or specifications or any other aspect which
      the Client is requested to act upon in order for SOC to comply with its obligations

22.   The full amount quoted must be paid by the client before the booking will be confirmed and a Sitter
      allocated;
23.   The booking will be for a specific date and between specific times. Should the client’s conduct result in the
      Sitter being on site beyond these times an invoice will be generated for payment within 48 hours of sending
      same to the client. All amounts due to SOC shall be settled by the Client on a Cash on Delivery basis,
      alternatively on date of invoice. Interest at 2% per month, compounded monthly, will be payable by the
      Client on all overdue amounts from date of invoice to date of settlement;

24.   SOC reserves the right to institute legal proceedings against the Client and/or each and any of its directors,
      members, trustees and partners who bind themselves herewith as co-principal Buyers for the payment of
      the amount owing;

25.   All payments made by the Client to SOC will be applied to redeem legal costs, interest and the oldest
      portion of any amount outstanding debt due for payment;

26.   The parties agree that no warranties are provided or implied save for those expressly provided herein;

27.   Subject to the terms and condition of this agreement, the Client warrants that it understands and agrees
      that it shall have no claim against SOC whatsoever relating to any aspect not contemplated herein including
      but not limited to any and all damages, alternatively, the Client waives and abandons such claims;

28.   It is specifically recorded that under no circumstances will SOC be liable to the Client for any consequential,
      indirect or special damages;

29.   It is the Client’s responsibility to ensure that the premises at which the booking will take place are
      comprehensively insured against all aspects, including, but not limited to, fire, theft and burglary. SOC will
      not be liable for any damages whatsoever incurred on the premises, in the client’s absence whilst the sitter
      is on site;

30.   It is the Client’s further responsibility to ensure that placing any property, including the premises, under the
      interim care of the sitter will not invalidate any clauses of the Client’s insurance policy or cause the Client’s
      insurance company to repudiate any claims. SOC will not be liable for losses occasioned and not satisfied
      by insurance companies due to repudiation unless such terms of the policy were sent to SOC in advance;

31.   Any claim not raised by the Client in any respect, reduced to writing and sent by pre-paid registered post to
      SOC within 7 (seven) days from date of booking shall be deemed to have been waived and abandoned by
      the Client. After the 7 (seven) day period has elapsed, the Client warrants that all services were in all
      material respects adequate and to the Client’s complete satisfaction. In addition, all amounts on that invoice
      shall be deemed completely due and payable by the Client who may raise no defence or counterclaim
      thereto;

32.   The Client shall be requested to complete a report on the sitter and the general booking, highlighting any
      positive aspects or areas where improvement could be considered;

33.   The Client chooses as it’s domicilium citandi et executandi for the purposes of all notices and proceedings
      as the address to which the Client requests SOC to make it’s quotation out to;

34.   The Client is absolutely prohibited from approaching any sitter directly for services offered by SOC and
      SOC reserves its rights in its entirety to claim any and all damages stemming from a breach herefrom,
      including loss of profit. Furthermore, the Client shall be obliged to report any attempt made by the sitter to
      coerce the Client into contracting directly with the sitter and excluding SOC;

				
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