Terms and Conditions for Clients
The below Terms and Conditions are a legal binding agreement between the Client and Exclusive Nannies (“Agency”). The Client is required to accept the Terms and Conditions upon the completion of an on-line or paper application. If the Client does not agree to abide by these Terms and Conditions then the Client will not be able to use the Agency’s services.
Terms and conditions for clients
1.1 The word “Agency” refers to the Exclusive Nannies ABN 54 58 11 65 990
1.2 The word “Client” refers to the person using the services of the Eastern Suburbs Nanny Agency.
1.3 The word “Nanny” or “Babysitter” refers to any person whom the Agency introduces to the Client.
1.4 “Casual Nanny” means a person looks after children during the day on a casual basis.
1.5 “Permanent Nanny” means a person who looks after children on a permanent basis.
1.6 “Fees” are as set out in the Fees section on the Agency’s website and will also be included in the welcome pack the Client receives upon the payment of the Agency Fee
1.7 “Placement Fees” are as set out in the Fees section on the Agency’s website and will also be included in the welcome pack the Client receives upon the payment of the Agency Fee
1.8 “Confidential Information” means any information which is confidential in nature, including personal details of the Client and their children, personal details of the Nanny or Babysitter, which is disclosed between the Client and the Agency.
2.0 Client Obligations
2.1 Unlawful use of the services provided by the Agency will be immediately reported to the authorities and may be punishable by law.
2.2 Posting inaccurate, incomplete, false or illegal information is strictly prohibited and may be punishable by the Australian law.
2.3 All correspondence and communication between the Agency and the Client, being written, verbal or via email is considered Confidential Information and the Client agrees not to disclose any Confidential Information to any third party other than as specified in these terms and conditions.
2.4 All bookings must be made only between the Agency and the Client.
2.5 It is prohibited to make bookings directly with the Nanny or Babysitter. Should this be ignored the Nanny or Babysitter is obliged to inform the Agency and the Placement Fee will be charged to the Client. The client will also be removed from the Agency’s services.
2.6 The minimum booking is 3 hours and is payable directly to the Babysitter or Nanny.
2.7 The Client agrees to pay the Casual Nanny or Babysitter in cash at the end of the booking.
2.8 The Client agrees and understands that the Agency requires the Nannies and Babysitters to work in an occupationally safe environment in compliance with legal work health and safety requirements.
2.9 Where the Agency believes that there is sufficient negative or concerning feedback regarding the Client then the Agency will cease referring any Nannies or Babysitters.
2.10 The Client agrees to pay fuel and parking fees if the Nanny is required to use the car while working.
2.11 If the Client requires to extend the placement of the Nanny or Babysitter, the Client will notify the Agency immediately of any extension of any temporary placement and agrees that further Placement Fees will apply.
2.12 The Agency who first introduces the Nanny (via any medium of communication) will be entitled to receive the Placement Fees.
2.13 Once the Client offers an employment to a Nanny or Babysitter organised by the Agency, the Client understands a Placement Fee will apply.
2.14 The Client agrees that they are the employer of the Nanny or Babysitter – the Agency is not.
2.15 The Client agrees to indemnify the Agency and keep the Agency indemnified for any loss or damage or costs incurred in relation to or arising from the placement or services of a Nanny or Babysitter.
2.16 The Client agrees that the Agency will not be held liable for the actions of the Nanny or Babysitter.
2.17 The Client agrees to enter into an employment contract on suitable terms as agreed between the Client and Nanny and abide by all statutory obligations of employment.
2.18 The Client is solely responsible for the following:
(a) Abiding by all statutory obligations for employing a nanny
(b) Full time or part time income tax payments
(c) Workers Compensation payments
(d) Superannuation payments
3.1 Fees are payable in Australian dollars.
3.2 All Placement Fees for casual Nannies and Babysitters are non-refundable if the booking is cancelled by the Client less than 24 hours prior to the booking commencement time.
3.3 Placement Fee for a permanent Nanny is refundable only within the first 30 days of the Nanny’s employment and only if the Nanny proves to be the wrong match for the family in an unforeseen matter.
3.4 The Agency holds the right not to provide a Nanny or Babysitter if the Placement Fee has not been paid to the Agency prior to the booking commencement.
3.5 If the Nanny’s employment has been extended and the required notice has been provided to the Agency, the appropriate fee will be invoiced to the Client.
3.6 The Client agrees to inform the Agency if they require to extend a permanent placement by any additional days or hours from the initial request.
3.7 The Agency reserves the right to increase the Agency Fees at any time.
4.0 Cancellation by Client and Refunds
4.1 If the Client cancels a booking within 24 hours prior to the commencement time of the booking, the Client will be charged the Minimum Booking Fee. The Minimum Booking Fee will be payable to the Agency who will forward payment to the Babysitter. In these circumstances the Placement Fee will not be refunded to the Client.
4.2 If a casual Nanny placement is cancelled by the Client within 24 hours prior to the commencement time of the booking, then 50% of the total Fees owing to the Nanny for that booking will be payable to the Nanny and the Placement Fee will not be refunded.
4.3 In case of cancellation of the permanent Nanny within 2 weeks before the commencement of the booking by the Client, the Placement Fee is not refundable and the Client is required to pay the Nanny 2 weeks’ worth of pay.
4.4 If the Client cancels a casual Nanny or Babysitter booking more than 24 hours prior to the booking commencement time, the Agency will provide a voucher for a future booking instead of a refund.
4.5 Refund or a replacement Nanny or Babysitter will be given to the Client if the Client informs the Agency of the cancellation via email within 24 hours of the cancellation.
4.6 The Agency will not provide a refund or replacement if the Nanny has left the position due to the change of working conditions, hours, location, job description or client’s change of mind of if the Agency believes the nanny has been mistreated in any way.
4.7 A placement is deemed satisfactory after 30 days of placement, after this time no refund will be given.
4.8 No refunds will be given if temporary placement has been reduced after start date.
5.0 Cancellation by Nanny
5.1 The Agency will not be held responsible for cancellation or no-shows of a Babysitter or Nanny.
5.2 If the Nanny or Babysitter cancels booking a full refund of the Placement Fee will be fully refunded to the Client only if the Agency is unable to find a suitable replacement.
5.3 In the unfortunate circumstance when a babysitter or nanny cannot be contacted, the full refund will be paid to the Client.
6.0 Agency’s commitment
6.1 While the Agency will use its best endeavours to finding the right Nanny or Babysitter for their clients it cannot be guaranteed this will always be possible.
6.2 The Agency reserves the right to cancel any booking immediately if a Nanny or Babysitter has been mistreated, harmed in any way or was working in an unsafe environment, without any refund option.
6.3 Although the Agency applies a high standard to all of its registered Nannies it cannot guarantee the reliability, character or honesty of the Nanny or Babysitter.
7.1 By using the Agency, the Client authorises the agency to collect and publish information about them as detailed in these terms and conditions.
7.2 The Agency will treat all information obtained by the Client as confidential information and will disclose information only to Nannies and Babysitters only to the extent necessary for the Nanny or Babysitter to perform their job.
8.0 Insurance and Liability
8.1 The Agency accepts no liability or responsibility for accident, injury, loss, damage or misconduct caused by Nanny or Babysitter, Client or any other persons and by employing a nanny or babysitter through the Agency, the Client agrees to exclude the Agency from any claim should a mishap occur.
8.2 The Agency completes thorough background checks on all their Nannies and Babysitters. The Client is responsible for ensuring that their home contents insurance includes cover for employers and public Liability Insurance for domestic workers, including childcare
9.1 The Agency requires the Client to provide accurate and true information as requested by the Agency from time to time.
9.2 The Agency will only release Confidential Information to the Nanny or Babysitter, if the Client selects to meet for an interview or a booking
9.3 The Client authorises the Nanny or Babysitter to provide details of the Client (including their name and address and the expected duration of the booking) to a family member or close friend as a safety measure for the Nanny or Babysitter.
10.1 The Agency employs a third party company to maintain their software and website. While this company has access to the information given to the Agency they are not allowed to copy, use or share any of the information as it is strictly confidential.
10.2 The Agency does not sell or share any Confidential Information of Clients, Nannies or Babysitters.
10.3 The Agency will release Confidential Information if required to comply with the law.
11.1 In case of a dispute the Client must contact the Agency by phone or email.
11.2 The Agency will obtain information regarding the dispute from both the Client and the Nanny.
11.3 The Agency will then arrange a meeting with the Client and the Nanny to discuss the issue. The Agency will act as mediator to assist the parties to resolve the dispute.
11.4 If a resolution cannot be reached the parties may agree to terminate the contract between the Client and Nanny.
12.0 Governing Law
12.1 The Terms and Conditions shall be governed in accordance with the laws of the state of the New South Wales.
12.2 There parties hereby submit to the non-exclusive jurisdiction of the Courts of New South Wales.