April 3, 2017

Terms and Conditions (Terms of Service)

 

Terms and Conditions (Terms of Service)

YourHound (hereafter referred to as “YourHound”, “YourHound.co.za”, “we”, “us”, or “our”) provides a service that connects pet lovers (hereafter referred to as “Members, “you”),  with pet owners (hereafter referred to as “Customers”) who seek pet related services through the website YourHound.co.za (such online platform, together with any related software, applications or functionality, and such website, collectively, the “Site”). By using the Site you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). The Site is intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 or older.

YOURHOUND IS A PLATFORM THROUGH WHICH MEMBERS WHO USE THE “JOIN OUR/THE TEAM” APPLICATION AND ONCE APPROVED PROVIDE THEIR SERVICES AS SCHEDULED BY YOURHOUND TO CUSTOMER PET RELATED SERVICES COLLECTED BY THE YOURHOUND ONLINE PLATFORM.

Key Terms

“CONTENT” means text, graphics, images, music, software, audio, video, information, documents, compilations, data or other materials.

“MEMBER (s)” means a person who completes the online form on the yourhound.co.za site via the  “JOIN THE/OUR TEAM”  account registration process and on assessment and approval are granted as a pet-related service provider subcontractor.

“CUSTOMER” means a person who completes any of the online service packages offered on the yourHound.co.za site via the various “SERVICES” linking to the application processes.

Access and Compliance

By accessing the Site, accepting our terms and conditions upon completing and submitting the ‘Join our/the Team’ online registration form,  you understand and agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”) , all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the area in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms each time you use the Site to be aware of modifications. Continued acceptance of services completed shall be deemed conclusive evidence of your acceptance of the modified agreement. whether or not you become a registered member or not.

Statement of Work:

According to an online schedule shared with you on a monthly basis, you may provide services to YourHound. In addition to the terms and conditions negotiated by the parties for particular projects, YourHound and you hereby agree that the terms and conditions of this Subcontract Agreement (the “Agreement”) shall apply whenever you provide your services.

Employment and Withholding

YourHound is not an employment service and does not serve as an employer. As such, YourHound will not be liable for any tax/paye deduction, unemployment insurance, employer’s liability, or any type of insurances.

Local Indirect Taxes

You are responsible for complying with all applicable tax laws and regulations related to the Services you provide. Without limiting the foregoing, each Member is responsible for determining any applicable local indirect taxes and for including such taxes or obligations related to such taxes.

You as a subcontractor are an independent contractor therefore we are not responsible for any tax-related deductions further explained below:

The parties intend that this Agreement create an Independent Contractor relationship between them. Subcontractor (You) are not an agent or employee of Contractor (Your hound) for any purpose. YourHound is not responsible for deducting, and shall not deduct, from payments to you any amounts for withholding tax, FICA, insurance or other similar item relating to you. you shall be solely responsible for deducting and paying such items. The Subcontractor shall not  be eligible or entitled to any of the benefits to which employees  may be entitled on the account of YourHound, such as worker’s compensation, unemployment compensation, insurance, paid vacations, paid holidays, pension, profit sharing, Social Security, and other benefits that may be available.

Notice of Member Service unavailability/Cancellation

YourHound may, in its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your Service, (b) deactivate or cancel your YourHound registration or similar uses of the Site and (c) may cancel any booking(s). YourHound’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. YourHound may provide notice of termination by email, whatsapp message or telephonically . You may cancel your YourHound Account by sending us an email, whatsapp message or telephonically.  

Three days notice is required for temporary unavailability. One month’s notice is required for service termination. Leaving without sufficient notice will result in payment penalties for prior work completed.

Remuneration

For your first two weeks of work you will not be remunerated, these first two weeks will be kept as compensation for if you leave without giving notice to allow us to replace you and/or any items given to you that are owed by YourHound or YourHound clientele . e.g Clients keys, uniforms etc.  However if you give due notice, work your full notice period and return all property of YourHound and YourHound clientele you will be remunerated for all services completed, logged via start and end standardised messages and online timesheets. All payments will be processed at the end of the last day of every month.

Breakdown of Services

Dog walking (R55 per customer)

Responsibilities:

Dog walking (45 min per walk)

Basic training (Sit, wait, come)

Pick up and drop off

Send customers standardised start and end messages and pictures

House sitting (R145 per night)

Responsibilities:

Overnight sleepover

Walk/ play with animals

Feed animals as and when instructed

Clean water every day

Clean up after animals

Wash used dishes

Watering indoor plants

Switch on/off lights

Close/open curtains

Send customers standardised start and end messages and pictures

Leave house clean, as one found it or better

Pet sitting (R60 for 1 daily visit or 110 for 2 daily visits)

Responsibilities:

Daily visits (30 min each)

You may be required to visit twice a day(30 min each)

Walk/ play with animals

Feed animals as and when instructed

Clean water every day

Clean up after animals

Wash used dishes

Watering indoor plants

Switch on/off lights

Close/open curtains

Send customers standardised start and end messages and pictures

Leave house clean, as one found it or better

Restraint of trade

You acknowledge and agree that for a period of two years following the termination of your contract between us for whatever reason, you shall not, either personally, or as an employee, consultant or agent for any other entity ,employer or contractor, carry on business in competition with YourHound within a radius of any of our clientele premises.  

Indemnity

You understand and agree that YourHound is neither an insurer. YourHound recommends that Members obtain appropriate insurance for their Services.

As a Member, you possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide pickup and drop off services or emergency transportation in all areas in which you provide Services.

Each Member agrees and understands that Yourhound does not offer any human medical coverage for bodily harm or injury that may result from a Customer’s pet. YourHound will not reimburse for any medical bills, transportation or loss of wages as a result of the injury or for any accommodations outside of Yourhound.

Property Damage by Customer Pets

As a Member, you acknowledge and agree that neither YourHound nor a Customer pet owner(s) have any responsibility to reimburse or otherwise cover you for any property damage that may be caused by a Customer’s pet, and you hereby agree not to seek any such reimbursement or other damages from YourHound or a Customer pet owner(s) in the event of any such property damage be it in your car due to transportation or any other such event.

No Endorsement

YourHound does not endorse any Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others and their pets. We will not be responsible for any damage or harm resulting from your interactions with other people or their pets.

Miscellaneous:

The Subcontractor is an independent contractor and not an employee of YourHound. This Agreement shall be in full force and will take effect from the date of form completion. The cancellation of this Agreement shall not negate any terms or condition.

Bellairs Road, North Riding, Johannesburg
yourhound@gmail.com
083 272 2346