Terms of Service | Bracha Placements

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Bracha Placements a division of Bracha Homes (Pty) Ltd ("Bracha Placements", "we", "our", or "us") governing your use of our website and placement services. By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Description of Services

Bracha Placements provides placement services connecting families with caregivers and domestic workers, including:

Nanny placement services
Babysitter placement services
Domestic worker placement services
Candidate screening and vetting
Reference verification
Placement matching and recommendations

We act as an intermediary between families seeking domestic help and workers seeking employment. We do not employ the workers directly, and any employment relationship is between you and the worker you choose to hire.

3. User Obligations

By using our services, you agree to:

Provide accurate and complete information when making enquiries or registering
Use our services only for lawful purposes
Treat all workers with respect and dignity
Comply with all applicable South African labour laws and regulations
Not use our services to discriminate against any person on prohibited grounds
Not share confidential information about workers with third parties without consent
Conduct your own due diligence before finalizing any employment arrangement

4. Placement Process

4.1 Initial Consultation: After receiving your enquiry, our team will contact you to understand your specific requirements and preferences.

4.2 Candidate Matching: We will present suitable candidates from our database based on your requirements. All candidates have undergone our vetting process.

4.3 Interviews: You may conduct interviews with candidates either at our offices or at your premises. We recommend conducting thorough interviews before making a decision.

4.4 Trial Period: We recommend a trial period before finalizing permanent employment. The terms of any trial period should be agreed upon between you and the worker.

4.5 Placement Fee: Our placement fee is payable upon successful placement. Fee structures will be communicated during the consultation process.

5. Fees and Payment

5.1 Placement Fees: Our placement fees are based on the type of placement and will be quoted during the consultation process. Fees are subject to change without notice.

5.2 Payment Terms: Placement fees are due upon successful placement of a worker. Payment methods accepted include bank transfer and cash.

5.3 Replacement Policy: If a placed worker leaves within the first 30 days of employment through no fault of the employer, we will provide a replacement candidate at no additional fee, subject to our standard terms and conditions.

6. Vetting and Screening

We conduct the following screening on all workers in our database:

Identity verification
Reference checks
Criminal background checks (where available)
Skills assessment
Personal interviews

While we take reasonable steps to verify information provided by workers, we cannot guarantee the accuracy of all information. We recommend that you conduct your own additional checks as you see fit.

7. Limitation of Liability

7.1 Bracha Placements acts solely as a placement agency and is not responsible for the actions, conduct, or performance of any worker placed through our services.

7.2 We do not guarantee the suitability of any worker for your specific needs, and any employment decision remains your sole responsibility.

7.3 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.

7.4 Our total liability to you for any claims arising from our services shall not exceed the placement fee paid by you.

8. Employment Relationship

8.1 Any worker placed through our services becomes your employee, not ours. You are responsible for all aspects of the employment relationship, including:

Employment contracts
Salary and benefits
UIF and other statutory contributions
Working conditions and hours
Leave entitlements
Termination of employment

8.2 You must comply with all applicable labour legislation, including the Basic Conditions of Employment Act, Labour Relations Act, and Sectoral Determination for Domestic Workers.

9. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Bracha Placements or our content suppliers and is protected by South African and international copyright laws. You may not reproduce, distribute, modify, or create derivative works from any content without our express written permission.

10. Confidentiality

Information about workers, including their personal details and employment history, is provided to you in confidence for the purpose of evaluating their suitability for employment. You agree not to disclose this information to third parties or use it for any purpose other than evaluating potential employment.

11. Termination

We reserve the right to refuse or terminate services to any person at our sole discretion, without prior notice, for any reason including but not limited to violation of these Terms, abusive behaviour towards our staff or workers, or failure to pay fees due.

12. Dispute Resolution

Any disputes arising from these Terms or our services shall first be addressed through good-faith negotiation between the parties. If a dispute cannot be resolved through negotiation, it shall be referred to mediation before any legal action is taken. These Terms shall be governed by the laws of the Republic of South Africa.

13. Amendments

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any changes indicates your acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

Bracha Placements a division of Bracha Homes (Pty) Ltd

Strubens Valley, Roodepoort, Johannesburg, South Africa

Email: placements@brachahomes.co.za

Phone: +27 70 424-8041