By ticking the box on the Pet Parent Instruction Sheet and/or online enquiry form, I, the home / pet owner and client, hereby agree to the following conditions, rules and regulations with regard to house and pet sitting:
House and pet sitting agreement
Hereby entered into between myself
STUDENT TUTORS CC T/A STUDENTCO (Reg number:2011/067176/23)
1. Service fees are fully payable to StudentCo. Sitters are never to be paid for service directly.
2. Should my initial enquiry be more than 30 days before my departure, a 50% deposit will be due upon booking with the balance payable before my departure. Should I be making my initial enquiry less than 30 days before my date of departure, payment in full is necessary upon booking to confirm my booking.
3. This agreement applies to both the current and future use of services, and a separate agreement need not necessarily be signed if the service is used again and the online enquiry form not utilised.
4. I hereby undertake never to independently contract with individuals associated with StudentCo and acknowledge that such an arrangement constitutes a breach of contract which may result in legal action and payment of damages.
5. In case of cancellation of a service that has already been booked and fully or partially paid for, StudentCo has the right to retain the following amounts, subject to an administration fee of R150 (ONE HUNDRED AND FIFTY RAND): Cancellation 30 days or more before departure date: No amounts retained (full refund); cancellation less than 30 days before departure: 30% (THIRTY PERCENT) of total due will be retained (70% of full amount due refunded).
6. The exact service required is to be specified upon booking.
7. Once-daily pet sitting visits are charged at R125 per day. Twice-daily visits are charged at R185 per day. The live-in stay-over service is charged at R200 per night.
8. Should my suburb of residence be more than 10km (TEN KILOMETERS) from the sitter’s suburb of residence, fuel compensation is payable at R3.50/km (THREE RAND AND FIFTY CENTS PER KILOMETER) for distances above 20km(TWENTY KILOMETERS) there and back driven (ten kilometres each way) as follows: One drive – meet-and-greet; one drive – key collection; one drive per visit to my home during the pet sitting assignment..
9. The distance described above is calculated using Google Maps.
10. Fees as described in (7) and (8) above are payable as described in (1) and (2) above.
11. It is my contractual duty to complete the Pet Parent Instruction Sheet related to the service I have requested as well as verbally discuss all house rules with the sitter in detail. It is thus my obligation to communicate all house rules to the sitter and to provide the sitter with a written copy thereof in the form of the Pet Parent Instruction Sheet It is expected that I am very clear about any and all rules and expectations. Rules include:
o Pets’ feeding arrangements
o Pets’ sleeping arrangements
o Dogs’ walking rules (if applicable)
o Sitter’s sleeping arrangements if applicable)
o Sitter’s access to household foodstuffs
o Sitter’s use of household appliances
o All special precautions with regard to pets (example: the separation of certain animals when not supervised)
o Any special needs pets may have (example: administration of medicine)
o Any special rules regarding guests
o Clear instructions regarding the manner in which a sitter may entertain friends (if at all)
o Anything else that I deem to be essential for the sitter’s completion of duties
o Anything else required on the Pet Parent Instruction Sheet
12. It is the role of the sitter to ensure the wellbeing of pets and the household in general by:
o Feeding pets according to my specifications
o Ensuring the presence of clean water
o Grooming pets according to my specifications (only if requested)
o Taking dogs for a daily walk (only if requested)
o Cleaning litter boxes
o Cleaning of cages / tanks according to my specifications
o Completing any additional but reasonable pet-care duties as required by myself
o Completing any household chores required by myself. This may include but is not limited to pool maintenance, post collection and watering of the garden.
o Sending daily updates to me and contacting me or another emergency contact in case of emergency or problems encountered
13. It is my duty to provide the sitter with all resources needed for the completion of duties.
14. It is my duty to provide adequate basic household items, including toilet paper and cleaning materials.
15. In case of the sleepover service, the sitter is not expected to be present at my place of residence 24 hours per day, but is instead to be present during evenings and early mornings and sleep over at my residence. The sitter may spend more time at my residence during the day.
16. I hereby expressly acknowledge that my pets do not pose a danger to the sitter.
17. I hereby expressly agree to be held liable for any damage, loss or injury sustained by the sitter and/or guests of the sitter should such damage, loss or injury be caused by my pet(s). I acknowledge and understand that services may be suspended entirely in case of such damage or injury being sustained and understand that I am personally responsible to make alternative arrangements for the care of my pets and home in such a case.
18. A cash deposit arrangement may be made directly with the sitter if household expenses are anticipated. The sitter is to keep all receipts and invoices and provide me with a record of such expenses upon my return. The deposit may never be used for a sitter’s personal expenses and is strictly to be used according to my wishes. Any amounts not used is to be returned to me in cash upon my return. Should the expenses exceed the deposit, I am responsible to reimburse the sitter fully upon my return using cash.
19. Should no cash deposit arrangement be made and necessary household or veterinary expenses are incurred by the sitter, the sitter is to keep record of expenditure and provide such record to me upon my return. I will be held liable for these expenses and have to reimburse the sitter in cash.
20. I am to make advance arrangement with the veterinarian to arrange for payment of accounts upon my return. The sitter is never to pay for veterinary bills.
21. Should a veterinary emergency occur after hours, I hereby agree to pay all costs related thereto. Should my own veterinarian not be available, pets will be taken to the closest Emergency Veterinarian. The sitter is never to pay for veterinary bills. I will be held liable for all expenses incurred.
22. In case of the stay-over service and with my prior consent, the sitter is entitled to invite no more than 2 (TWO) guests over and entertain in a manner consistent with my instructions and rules. No parties are allowed whatsoever.
23. In case of the stay-over service and with my prior consent, the sitter is allowed 1 (ONE) individual to accompany him/her on the assignment and stay over at my house with the sitter.
24. The sitter is held responsible for ensuring that any persons as mentioned in (22) and (23) above and/or (29) below comply with all rules and regulations as expressed by me and contained in the sitter’s agreement with StudentCo. The sitter may be held liable should damage be caused due to conduct that expressly conflicts with house rules as mentioned in (11) above and/or provisions contained in the sitter’s agreement with StudentCo. Such conflict is to be proven objectively in a court of law.
25. I undertake the use of this service entirely at my own risk.
26. StudentCo and its owner will not be held responsible or liable, directly or indirectly, for any claim of whatsoever nature in respect of any loss, damage, expense, injury or death howsoever caused to, or sustained or suffered by any person(s) and/or property at any time, whether arising from any cause including but not limited to misrepresentations by individuals recommended by StudentCo, negligent act/s or omission/s by StudentCo, its owner, individuals recommended and/or representatives of these individuals.
27. The sitter may not be held liable for minor, everyday breakages including but not limited to crockery breakages. The sitter may furthermore not be held liable for any loss or damage resulting from a bona fide accident or as a result of force majeur. The Pet sitter is hereby exempted from any loss or damage incurred by the Client due to the conduct of the client’s pets.
28. Any complaints related to both claims of damage to property as well as any other complaints related to a sitter’s duties are to be recorded in writing, usually in a review as requested by StudentCo shortly after the client’s return. The sitter will be given a complete and unedited copy of the complaint and given a fair chance to respond. Should it be found that the sitter materially violated either the StudentCo agreement and/or the client’s specific instructions, the client may be awarded a full or partial refund.In order to qualify for a refund, the client is to complete the review no later than 12:00 on a Friday. Complaints received after this point do not qualify for a refund.
29. The sitter is contractually obliged never to misuse the property of the client. As such, the sitter may be held liable should damage or loss be caused due to conduct that expressly conflicts with house rules as mentioned in (11) above and/or provisions contained in the sitter’s agreement with StudentCo. Such conflict is to be proven objectively in a court of law.
30. Should the sitter become unable to perform his duties due to illness, emergency, health or safety concerns I consent to a change of service with the existing sitter and/or the sitter personally appointing a representative to complete all duties in his place, and/or StudentCo appointing a different sitter to complete all duties in the aforementioned sitter’s place. In case of a pet sitter having been booked or busy with a stay-over assignment and the representative or alternative sitter being unable to stay at my home, the service will be amended to twice-a-day visits.Should any additional amounts become payable due to the changed service, I will be invoiced upon my return and hereby acknowledge that I will be responsible for such amounts. Booked once- and twice-a-day visits are to continue as before.
31. It is the prerogative of the client to allow a sitter full, limited or no access to and use of household facilities and foodstuffs. This is to be clearly communicated. The sitter is contractually obliged to honour the client’s wishes in this regard.
32. The sitter is contractually obliged to maintain the property of the client in good order and cleanliness and return it to the client in a state consistent to that in which it was received.
33. The client is to provide the sitter with all emergency contact details, including those of the Veterinarian.
34. In case of an emergency or any problems related to the clients home or pets, the pet sitter is to contact the client or one of the clients emergency contact persons and proceed as per their instructions. Should the emergency be of a veterinary nature, it is expected that the pet sitter immediately takes pets to the veterinarian and contact the client once pets are being attended to by the veterinarian.
35. Any extensions of service is to be communicated directly to the sitter, who is to keep record of all additional services and provide such record to StudentCo. An extension of service cannot be guaranteed and the type of service may be altered.
36. Any additional amounts due upon my return are to be settled no later than one week following my return.
37. Interest at the moratory rate of 15.5% is payable for late payments.
38. I accept full liability for any and all legal, debt collection and other charges sustained by StudentCo due to non-payment of my account.
39. Should the client allege that the sitter is guilty of any criminal act (including but not limited to theft), the full amount as paid for service will be held by StudentCo until such time that a criminal investigation has been completed by the South African Police Service and the sitter tried by the South African court system. Should the sitter be found guilty, the full amount paid for service is to be refunded to the client without interest.
40. It is my responsibility to ensure that the periphery of my property is secure and that there are no spaces in the wall or fence through which pets may exit the property. Sitters cannot be held liable should pets go missing.
41. Should a burglary or other incident of crime occur while a sitter is staying over at my property, the sitter will not be expected to continue with the stay-over service but will instead continue with daily visits. Should payment for my stay-over booking not cover it, I will be responsible for additional fuel payments for daily drives to my home.
42. I hereby expressly acknowledge that I am in no way affiliated with or a representative of a business, agency or any other entity responsible for arranging house and pet sitting, dog walking or similar services for third parties. I hereby expressly acknowledge that using the StudentCo website for recruitment purposes on behalf of such a business or agency is a breach of contract and that damages will be claimed from me if I attempt to do so.
43. This agreement is considered a fully binding legal contract once an electronic agreement box is ticked on the StudentCo website.
44. My name as entered into StudentCo online form is the name under which this agreement is agreed to.
45. I acknowledge that I have used my full and correct names on the StudentCo online form and that all contact and other information rendered is accurate and true.
46. The proper law of this agreement is the Law of the Republic of South Africa and accordingly any dispute arising from this agreement, including any dispute about its validity, existence, interpretation, rectification, breach or termination or any dispute about any matter arising out of this agreement, its avoidance, interpretation, rectification, breach or termination shall be determined according to the Laws of the Republic of South Africa.
47. StudentCo cannot and does not guarantee service where an Act of God (Force Majeure) has occurred. As such, neither StudentCo nor the Sitter is liable for failure to perform obligations if such failure is as a result of Acts of God, including but not limited to fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement in such circumstances.
48. This Pet Parent Instruction Sheet applies to both the current and future use of services, and a separate Instruction Sheet need not necessarily be completed if the service is used again. If no new Instruction Sheet is completed, the latest Instruction Sheet on file will be taken to be my full and complete instructions for all bookings.
49. StudentCo cannot and does not guarantee that pet sitters will agree to proceed with service following the initial meeting with clients (the “meet-and-greet”). Service can only be confirmed after the meet-and-greet.
50. I agree that any and all photographs taken by my pet sitter while looking after my home may be used unconditionally by StudentCo in for marketing, online and other uses.
51. I agree that any feedback, comments and/or reviews I give following service may be used unconditionally by StudentCo for marketing, online and other uses.
52. If any of the provisions of this agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the agreement as a whole.