Terms and Conditions

Whereas the Owner wishes to engage the Provider and the Provider agrees to undertake the services under the terms and provisions defined in this Pet Sitting Agreement which includes the Information sheet, Pet Information sheet(s) and the Veterinary Release Form.

These documents form part of the Contract between the parties and any reference to pets in this Contract shall refer to those pets as identified in the Pet Information sheet(s).

1. Relationship and Responsibilities

It is expressly understood that the Owner retains the services of a Sitter which shall be provided as an Independent Contractor and not as an employee by the Provider.

The Provider shall be responsible for his/her insurance and all statutory declarations and payments with regards to income tax and VAT where applicable.

The Provider undertakes to provide the agreed-on services either personally or through an appointed sitter in an attentive, reliable and caring manner and the Owner undertakes to provide all necessary information to assist in this performance.

2. Compensation

2.1. Compensation for services shall be based on the official quote provided to the Owner via the Happy Puppy booking system. This quote is calculated based on the selected services, dates, times, and number of pets.

2.2. Once a booking request is approved by the assigned Sitter, the Owner has exactly 48 hours to make the required 50% deposit payment. If proof of payment is not received within this 48-hour window, the booking will automatically expire and the requested dates will be released. The payment of the remaining balance must be made 3 (three) days before service commences.

2.3. Additional fees may include the purchase of necessary items for the care of the pet(s), including but not limited to pet food, litter or cleaning supplies, transportation, unexpected visits, and emergency expenses for health care. The Provider shall retain and submit receipts as proof of additional expenses.

2.4. If the Booking is short notice (commencing within 48 hours), the standard 48-hour payment window does not apply. The full 100% payment for the services must be made immediately via an "Instant/Immediate Clearance EFT", and proof of payment must be supplied before the Sitter is dispatched. Furthermore, if a short-notice booking is requested and a Sitter is dispatched to the Owner's premises, the booking is deemed legally binding. Should the Owner turn the Sitter away or arrange alternative care upon arrival, the Owner remains legally liable for a 100% cancellation fee.

3. Duration

3.1. This Pet Sitting Agreement shall come into effect on the start date and shall terminate on the end date specified in the confirmed booking.

3.2. The terms of this Pet Sitting Agreement may be extended if requested by the Owner and so accepted by the Provider.

3.3. The onus shall be on the Owner to confirm his/her return and his/her availability to resume care of the property and pet(s) prior to or on the last day of this Agreement failing which the Sitter may perform additional visits in the interest of the pet(s).

3.4. Any additional visits or duties shall be calculated at the standard daily or per-visit rate plus any applicable travel fees. These fees shall be payable within 24 (twenty-four) hours of the Agreement reached.

4. Cancellation or Termination

4.1. Either party may terminate this Pet Sitting Agreement within a minimum of 14 (fourteen) days prior to the Provider providing the services as agreed upon. If the Provider is not able to perform the duties, any fees that have been paid must be refunded to the Owner. If the Owner cancels within the allowed notice period, any payments made will not be refunded, but will instead be converted into a Happy Puppy credit voucher to be applied toward a future booking.

4.2. If the Owner fails to cancel or terminate this agreement within the minimum 14-day time period stipulated, the Owner shall forfeit any payments made to the Provider and the Provider shall be entitled to keep any deposit and monies paid. In these instances, no credit voucher will be issued.

4.3. Failure by the Owner to cancel this agreement by giving the minimum 14-day notice period required, or any cancellation of a booking that falls under our Holiday Policy—regardless of how much notice is given—will automatically result in a 100% cancellation fee of the total amount due. No credit voucher will be issued, unless such cancellation is caused by a critical occurrence such as natural disasters directly affecting the Owner's primary residence or making departure physically impossible, death in the immediate family (e.g., spouse, partner, parents, siblings, or children), or a severe medical emergency over which the Owner has no control. Cancellations by third-party holiday accommodations or minor travel delays do not qualify. Proof must be provided.

4.4. Should any pet become aggressive or dangerous, the Provider may:

• 4.4.1. Arrange with the pet's Emergency Contact to assume responsibility for the pet until the Owner returns.
• 4.4.2. Place the pet(s) into a kennel or animal care facility at the Owner expense if the Emergency Contact is unable or unwilling to assume responsibility.
• 4.4.3. In either event, this Agreement shall be deemed terminated unless the Provider agrees to continue with other home caring duties.

4.5. Any wrongful or misleading information in the Information or Pet Information sheet shall constitute a breach of terms and be grounds for instant termination thereof.

4.6. Termination under the circumstances described in clause 4.4 or 4.5 above shall not entitle the Owner to any refunds nor relief of any outstanding payments due.

5. Liability

5.1. The Provider or an appointed Sitter accepts no liability for any breach of security or loss of or damage to the Owner's property if any other person has access to the property during the term of this Agreement.

5.2. The Provider or an appointed Sitter shall not be liable for any mishap of whatsoever nature which may befall a pet or caused by a pet who has unsupervised access to the outdoors.

5.3. The Owner shall be liable for all medical expenses and damages resulting from an injury to the Sitter caused by the pet(s) as well as damage to the Owner's property caused by such pet(s).

5.4. The Provider or an appointed Sitter is released from all liability related to transporting pet(s) to and from any veterinary clinic... the medical treatment of the pet(s) and the expense thereof...

6. Indemnification

The parties agree to indemnify and hold harmless each other as well as respective employees, successors and assignees from any and all claims arising from either party's wilful or negligent conduct.

7. Emergencies

In the event of an emergency, the Provider shall contact the Owner at the numbers provided... If the Owner cannot be reached timeously, the Provider is authorized to:

• 7.1. Transport the pet(s) to the listed veterinarian;
• 7.2. Request on-site treatment from a veterinarian;
• 7.3. Transport the pet(s) to an emergency clinic if the previous two options are not feasible.

8. Security

The Provider warrants the necessary confidentiality and safe keeping of all keys, remote control entry devices, access codes and personal information of the Owner and to return same to the Owner at the end of the contract period or immediately on demand.

9. Relaxation of Terms

No relaxation, indulgence, waiver, or release by any party of any of the rights in terms of this Pet Sitting Agreement on one occasion shall prevent the subsequent enforcement of such rights...

10. Whole Agreement

This Pet Sitting Agreement... constitute the sole and entire Contract between the parties... Any alteration to this Agreement must be in writing and signed by both parties.

11. Assignment

No party may assign any of its rights or delegate or assign any of its obligations... without the prior written consent of the other party, except if inclement weather or a bona fide emergency prohibits the Provider from fulfilling his/her duties...

12. Binding Effect

The terms of this Agreement shall be binding upon and accrue to the benefit and be enforceable by either party's successors, legal representatives and assignees.

13. Governing Law

This Pet Sitting Agreement shall be construed, interpreted and governed in accordance with the laws of South Africa...

14. General

The Parties agree that any or all parts of this Agreement may be submitted to the other party in legible and recordable electronic form and upon acknowledgement of receipt... shall become valid parts of the Agreement.