Last Updated: 09 February 2026

 

1. Definitions

In these Terms & Conditions:

“SmartCare”, “we”, “us”, “the Agency” means SmartCare Professional Nannies.

“Client”, “you” means any individual or household engaging SmartCare’s services.

“Candidate” means any nanny, childcare professional, housekeeper, domestic worker, driver, or caregiver referred by SmartCare.

“Placement” means the engagement of a Candidate by the Client, whether temporary, permanent, part-time or full-time.

“Service” means recruitment, screening, shortlisting, reference verification, interview coordination, placement, and any related advisory support.

 

2. Scope of Our Service

2.1 SmartCare provides a recruitment and placement service, not childcare, domestic, or driving services.

2.2 We source, screen, interview, and present Candidates based on the criteria provided by the Client.

2.3 The final hiring decision always rests with the Client.

2.4 Candidates become employees of the Client, not employees of SmartCare.

 

3. Legal Distinction: Recruitment vs Employment

3.1 Once a Candidate accepts employment, all matters relating to conduct, judgement, performance, supervision, discipline, safety, and daily duties fall under the employer–employee relationship and are governed by South African labour law, not the Consumer Protection Act (CPA).

3.2 SmartCare is not responsible for, and cannot be held liable for, any acts, omissions, negligence, misconduct, or behaviour of a Candidate once employed by the Client.

 

4. Accuracy of Information

4.1 SmartCare verifies information through interviews, reference checks, document checks, and screening.

4.2 SmartCare does not guarantee the accuracy of information supplied by Candidates or third-party references.

4.3 SmartCare is not liable for any omissions, inaccuracies, or misrepresentations made by Candidates or their references.

 

5. Driving Competence

5.1 SmartCare verifies driver’s licences only.

5.2 SmartCare cannot legally or practically conduct driving assessments or road tests.

5.3 It is the Client’s responsibility to conduct a supervised driving assessment before hiring a Candidate for any role requiring driving.

5.4 SmartCare is not liable for any driving-related incidents, safety concerns, insurance issues, damages, or accidents involving the Candidate.

 

6. Behavioural or Psychological Suitability

6.1 SmartCare may use behavioural-style interviews or structured frameworks to assist in screening.

6.2 SmartCare does not provide psychological assessments, evaluations, diagnoses, or professional mental-health services.

6.3 No behavioural screening method is a guarantee of future conduct or judgement.

 

7. Fees and Refund Policy

7.1 Placement fees are non-refundable, including in cases where:

• the Client later becomes dissatisfied with the Candidate,

• the Candidate resigns,

• the Client terminates the Candidate prematurely,

• the Candidate’s performance does not meet the Client’s subjective expectations,

• any employment-related disputes arise.

7.2 Fees cover the recruitment service, not ongoing employment results.

 

8. Replacement Guarantee (If Applicable)

8.1 If SmartCare offers a replacement guarantee, the terms will be specified in writing.

8.2 Replacement is conditional upon:

• the Client having provided accurate job requirements,

• the Candidate having been given a fair onboarding process,

• the Candidate not being subjected to unreasonable expectations or misconduct,

• the Client notifying SmartCare immediately of concerns.

8.3 A replacement does not constitute a refund.

 

9. Client Responsibilities

The Client agrees to:

9.1 Provide accurate job details (salary, hours, duties, location, skills required).

9.2 Conduct their own due diligence, including:

• supervised driving tests,

• trial days (optional),

• practical demonstrations of required skills.

9.3 Provide a fair and safe working environment.

9.4 Allow the Candidate a reasonable 2–4 week settling-in period.

9.5 Manage all performance concerns directly with the Candidate as their employer.

9.6 Comply with South African labour laws regarding contracts, UIF, leave, and termination procedures.

 

10. Liability

10.1 SmartCare is not liable for:

• actions, behaviours, or omissions of the Candidate,

• loss or damage to property,

• injuries, accidents, or negligence by the Candidate,

• any misconduct occurring after the Candidate begins employment.

10.2 The Client indemnifies SmartCare against all claims, damages, losses, disputes, or legal actions arising from the employment relationship.

 

11. Information and Documentation

11.1 SmartCare is not responsible for verifying foreign documentation beyond face-value inspection.

11.2 SmartCare is not responsible for verifying the authenticity of reference providers.

11.3 SmartCare cannot guarantee that any Candidate has disclosed all past employment history.

 

 

12. Inappropriate Conduct and Termination of Service

12.1 SmartCare reserves the right to terminate any engagement with immediate effect if the Client:

• is abusive, threatening, or disrespectful,

• behaves inappropriately towards staff or Candidates,

• refuses to comply with labour laws,

• withholds relevant information,

• attempts to manipulate or coerce staff,

• makes false allegations,

• displays unreasonable or aggressive behaviour,

• acts in a manner that compromises SmartCare’s staff, Candidates, or reputation.

12.2 Termination of service does not entitle the Client to a refund.

 

13. Confidentiality

13.1 All personal information of Candidates and Clients is handled in accordance with POPIA.

13.2 Sharing Candidate information with third parties without consent is strictly prohibited.

 

14. No Guarantee of Outcome

14.1 SmartCare does not guarantee:

• performance,

• longevity of employment,

• personality fit,

• chemistry with the family,

• household adaptation,

• judgement under pressure,

• or any outcome of the employment relationship.

 

15. Dispute Resolution

15.1 Any concerns must be raised in writing within 7 days of occurrence.

15.2 SmartCare will review the concern in line with these Terms & Conditions.

15.3 If the matter cannot be resolved through discussion, disputes will be addressed through mediation before any legal action

 

16. Intellectual Property Rights

16.1 Ownership of Content
All content on this website, including but not limited to text, copy, methodology descriptions, framework structures, assessment processes, graphics, branding elements, documents, downloads, and proprietary systems (including the SmartFit™ Method and related materials), is the exclusive property of SmartCare Professional Nannies and is protected by applicable copyright, trademark, and intellectual property laws.

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16.2 Prohibition on Copying or Reproduction
No part of this website or its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted, distributed, adapted, reverse-engineered, or used to create derivative works, in whole or in part, without the prior written consent of SmartCare Professional Nannies.

This includes, without limitation:

• Website wording or marketing language

• Descriptions of the SmartFit™ Method

• Framework structure and terminology

• Assessment methodologies

• Downloadable materials

• Service descriptions

• Page layout and content sequencing where substantially similar

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16.3 Commercial Use Prohibited
The use of any content, methodology, framework description, or proprietary terminology from this website for commercial purposes, including use by competing agencies or service providers, is strictly prohibited without express written authorization.

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16.4 Monitoring and Enforcement
SmartCare Professional Nannies reserves the right to monitor for unauthorized use of its intellectual property and to take appropriate legal action, including but not limited to injunctive relief, damages, and recovery of legal costs.

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16.5 Trademarks
All trademarks, service marks, trade names, and logos, including SmartCare and SmartFit™, whether registered or unregistered, are the property of SmartCare Professional Nannies. Unauthorized use may constitute trademark infringement and unfair competition.​

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17. Governing Law

These Terms & Conditions are governed by the laws of the Republic of South Africa.