Care Form

TERMS AND CONDITIONS

The terms and conditions stated herein (collectively, this “Agreement”) constitute a legal agreement between you and THE HIVE STAFFING SOLUTIONS (Pty) Ltd t/a The Hive Services (“we/us”). By using or receiving our services you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement.

We reserve the right to modify the terms and conditions of this Agreement upon written notice to you.

The Hive Services Services

We provide a network designed to connect individuals seeking to obtain non-medical home care services (“Care Services”) with individuals seeking to provide such Care Services (“Caregivers”).

We offer a method of obtaining Caregivers who will provide Care Services to you. We do not, and do not intend to, provide Care Services or act in any way as a Care Services provider. It is the responsibility of the Caregiver to provide the Care Services to you and we have no responsibility or liability for any Care Services provided to you by a Caregiver.

All Caregivers are carefully vetted by us however we do not guarantee or warrant, and make no representations regarding, the reliability, quality or suitability of Caregivers.

Where we describe Caregivers as “vetted” or similar, we are promising only that we have carried out certain background checks at the time you make a booking and that those checks did not reveal any cause for concern. You acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information is accurate. Nor can we guarantee that the Caregivers are otherwise suitable for your purposes.

Caregivers will assist patients with daily living functions such as eating, maintaining personal hygiene, accompanied excursions and basic mobility. Caregivers are not medical service providers and are not intended to replace or substitute any professional or medical attention required. You should consult with an appropriately trained professional or medical provider for all concerns that require professional or medical attention.

Bookings and Payment Terms

Upon your request for Care Services we will provide you with a quotation and invoice which will be payable prior to the scheduled booking in order to confirm the booking, and is non-refundable.

No payments or arrangements are to be made by you directly to or with Caregivers under any circumstances.

Should you cancel a booking 24 (twenty four) hours before the scheduled start time we will re-arrange the booking at no additional cost to you. If you cancel a booking within 24 (twenty four) hours of the scheduled start time you will be charged in full for the booking.

In the event that a Caregiver does not arrive for a scheduled booking we will use all reasonable endeavours to immediately arrange for a suitable replacement or re-arrange the visit as required at no additional cost.

In the event that you require a Caregiver to stay for longer than the scheduled booking, an hourly rate will be applicable for every additional hour, or part thereof, that you require the Caregiver’s services.

Invoices for additional hours are payable immediately on receipt. Interest at 2% per month will be charged on invoices not settled timeously.

Private Employment of Caregivers

All Caregivers introduced to you by us must be engaged through our booking system and you will not be entitled to employ the services of, or offer any kind of employment to, a Caregiver directly or indirectly to our exclusion.

Should you, notwithstanding the provisions of the clause above, directly or indirectly employ the services of a Caregiver introduced to you by us you will be liable to make payment to us of the amount equivalent to the fee that would have been payable by you to us had the Caregiver provided Care Services to you for a period of 3 (three) months, 7 (seven) days a week.

Should you wish to employ a Caregiver on a permanent basis a placement fee will be applicable in the amount equivalent to the fee that would have been payable by you to us had the Caregiver provided Care Services to you for a period of 6 (six) months, seven days a week.

Limitation of Liability

Whilst we make every effort to ensure that Caregivers are vetted and that the Caregiver carries out his/her duties in a competent and professional manner, we will not be held liable for any loss, damage or injury which may be incurred by you or any third party, including but not limited to loss, damage or injury arising out of, or in any way connected with the Care Services or as a result of any relationship or transaction between you and a Caregiver.

You hereby acknowledge that we act as an agent to facilitate the fulfillment of Care Services and you expressly waive and release us from any and all liability, claims or damages arising from or in any way related to the Caregiver. We will not be a party to disputes, negotiations of disputes between you and a Caregiver.

By using our services, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not think they are reasonable, you must not use our services.

Breach

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the services and/or bringing court proceedings against you.

You hereby agree to hold us harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law; (b) your violation of any rights of any third party, including Caregivers, or (c) your use or misuse of the services.

Notice

We may give notice to you by means of electronic mail to your email address on record in our account information. Such notice shall be deemed to have been received by you on the date of transmission of the electronic mail.

Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you agree to first attempt to negotiate any Dispute informally for at least 30 (thirty) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set forth above.

Save for urgent or interim relief which may be granted by a competent court, in the event of any Dispute not resolved within 30 (thirty) days will be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.

General

No indulgence by either party to the other party, or failure strictly to enforce the terms of this Agreement, is to be construed as a waiver.

This Agreement will be construed and governed in accordance with the laws of the Republic of South Africa.

Each provision of this Agreement will be interpreted in such a manner as to be effective and valid under the applicable law. If any provision is held by a court or other competent authority to be illegal, invalid or unenforceable for any reason, such provision shall be deemed to be pro non scripto, but without affecting, impairing or invalidating any of the remaining provisions of this Agreement which shall continue to be of full force and effect.

This Agreement supersedes all prior oral or written representations, communications or agreements between us and constitutes the entire agreement between us in regard to its subject matter.

No party will be bound by any representation, warranty, promise or the like not recorded herein.

No amendment, addition, deletion or variation of any of the provisions of this Agreement, including this clause, shall be of any force or effect unless reduced to writing and signed by both of us.

Neither party will be entitled to cede, assign or transfer any of its rights or obligations in terms of this Agreement without obtaining the prior written consent of the other party, which consent will not be unreasonably withheld.