Terms and Conditions – Carers

 Terms & Conditions – Carer

1. New Carer Process

Thank you for your interest in joining the Nanny2u team, we look forward to working with you.

You have:

(1)completed our Carers Application Form – located on the Nanny2u website,

(2)been interviewed by a member of the Nanny2u team, and

(3)confirmed that you have experience with caring for children, a current Working With Children Check, and have the appropriate visa to work in Australia as a carer.

2. How we refer clients to you, and how you accept our terms

(a)When a client contacts us to book a carer (Booking), we will contact several carers by email or phone, at our discretion.  You will let us know by email or phone, if you offer to take the Booking.

(b)Please do not respond to our request for a carer unless and until you have read these Terms, accept them and agree to comply with them.  Your response to our request for a carer for a Booking shows that you accept these Terms.

(c)We will let you know by email or phone, if we accept your offer for the Booking.

3. Communicating with your client

(a)For a casual (nanny or babysitting) placement, each as defined on our website: www.nanny2u.com.au, you agree to contact the client who sought the Booking:

(1)at least 24 hours before the Booking starts, where you have sufficient notice, or

(2)as soon as possible if the Booking is within 24 hours.

You and the client will agree the Booking details including dates, start and finish times, information about the children, special requirements and the hourly rate of pay (Agreed Hourly Rate).

(b)For a permanent (nanny or babysitting) placement, as defined on our Website, you agree to have an interview with the client, for you and the client to mutually agree whether they want to engage you and you want to be engaged for the Booking.  We can provide you with guidance on the permanent placement interview.

4. How are you paid?

(a)Casual placement: the client will pay you directly for your work at the Agreed Hourly Rate. Payment is due at the end of the shift, unless otherwise agreed between you and the carer.

(b)Permanent placement: the client will pay you directly for your work, at the Agreed Hourly Rate. Payment is due at the end of each week of work, unless a different period is agreed between you and the client.

(c)Corporate placement: payment is due at the end of the shift, unless otherwise agreed between you and the carer.  The client may pay you directly, or will pay Nanny2u as agent for you, and Nanny2u will pay the relevant amount to you, at the hourly rate agreed between you and Nanny2u.

(d)Invoice: To receive payment, you should provide the client with a tax invoice that complies with any invoicing guidelines released by the Australian Taxation Office from time to time, including your ABN (if applicable) and a description of the services provided.  Each client is asked to please settle each invoice in the period specified by the carer.

5. Legal Relationship, Tax and Insurance

(a)            You are employed directly by the client who made the Booking.  Depending on how the relationship between you and the client is structured, you or the client may be responsible for any and all payment of superannuation, taxation, insurance and other responsibilities that arise as part of the relationship between you and the client.

(b)            Nanny2u is a referral agency.  This Agreement does not create a partnership, joint venture, agency or employer-employee relationship between us.  Nanny2u is not responsible for any and all payment of superannuation, taxation, insurance and other responsibilities for you.  You are not entitled to any superannuation, taxation or insurance payments by Nanny2u.

(c)            You are responsible for the payment of all taxes, fees, charges, insurance and other imposts that apply to your performance of the caring services.  We have no liability to you in this regard.

(d)            You indemnify us against any such taxes, fees, charges and any other imposts, excluding any income tax payable by us.

(e)            We recommend that you obtain your own insurance as required for your caring services, including public liability insurance if required.

6. Cancellation Policy and Fee

If a Booking is cancelled within 24 hours of the agreed and scheduled commencement time, then the client is liable to pay you for 2 hours at the Agreed Hourly Rate (Cancellation Fee).  You can agree with the client when and how the Cancellation Fee is paid, and/or to waive the Cancellation Fee.  Nanny2u is not responsible for paying the Cancellation Fee.

7. Warranties

You warrant to us as follows:
(a)            the information you have provided to us is true, accurate and complete;

(b)            you will comply with any reasonable directions given to you by Nanny2u from time to time, including any Code of Conduct that we provide to you;

(c)            there are no legal restrictions preventing you from performing the child caring services including that where relevant, you have the appropriate visa to work in Australia as a carer;

(d)            you will act lawfully and will comply with any applicable laws, regulations, industry codes of conduct and Australian standards in performing the services;

(e)            in performing the services you will act with due care and skill;

(f)             you will not infringe any third party rights or violate any other agreement by performing the services;

(g)            if applicable, you have a valid ABN which has been advised to Nanny2u; and

(h)            if applicable, you are registered for GST purposes.

8. Reporting

You must provide us with reports about clients we have referred you to, and hours you have worked for each client, on request and as reasonably requested by us from time to time in relation to your performance as a carer.

9. Exclusivity and Restraint

(a)            You may engage in other work during the term of this Agreement, provided it does not conflict with your obligations under this Agreement.

(b)            If you are contacted by a client who was introduced to you by Nanny2u, or a third party who was introduced by a client, then you must refer the person to Nanny2u to book your services.  If you do not do this, you are liable to pay and you agree to pay to Nanny2u, the fee that the person would have paid Nanny2u to book your services.

(c)            You agree that you will not, during the term of this Agreement and for a period of 3 months following termination of this Agreement, directly or indirectly:

(1)            compete with Nanny2u by entering into business arrangements with any customers or clients of Nanny2u; or

(2)            seek to entice, induce, procure or otherwise convince any of Nanny2u’s employees or contractors into leaving our employment to join you (or any of your associates) in order to compete with Nanny2u or offer services similar to Nanny2u.

10. Location and facilities

You will provide services at the location provided by the client.  Please contact Nanny2u if you have concerns about the cleanliness or safety of any location.

11.          Disputes

(a)            Any disputes between you and the client, or issues regarding the client, need to be discussed directly with the client.  Please contact Nanny2u if you are unable to resolve the dispute.  If it cannot be resolved, you will cease to work for the client.

(b)            For any dispute between you and Nanny2u, we will seek to resolve the dispute by meeting with you, in good faith, to seek to resolve the dispute.  If it cannot be resolved, we can mutually agree to terminate the Agreement.

(c)            Nothing in this Agreement limits a party’s rights regarding a dispute.

12.          Termination

(a)            Termination with notice: Either Party may terminate this Agreement by giving the other Party 1 week’s written notice, including by email.

(b)            Termination without notice: Nanny2u may at any time terminate this Agreement without notice and with immediate effect if in the reasonable opinion of Nanny2u, you commit a serious breach of this Agreement.  Upon termination of this Agreement under this clause, the client is liable to pay you for any work completed prior to termination.

(c)            Upon termination of this Agreement, you will immediately stop performing the services; return to Nanny2u any property (including Confidential Information) in your possession that belongs to Nanny2u or a client; and pay to Nanny2u any amount owed in respect of any indemnities provided under this Agreement.

13. Confidentiality

You will maintain the secrecy of any confidential information about Nanny2u or a client, including rates, terms of this Agreement and personal information about the client (Confidential Information).  You agree that you will not (and they will use you best endeavours to ensure third parties do not) disclose, copy, transmit, retain or remove any Confidential Information. This clause survives termination.

14. Privacy

In performing the services, you agree to comply with the National Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

15. Limitation of Liability and Indemnity

(a)            Nanny2u is not liable, for itself, its employees, contractors or agents, for any loss, damage, costs or compensation which you may suffer or for which you may become liable arising out of or in connection with, or as a result of the negligence or wilful acts or omissions of any client that you are referred to by Nanny2u.

(b)            Nanny2u’s maximum liability to you is the requirement to provide you with details of alternative clients, at no cost to you.

(c)            You will indemnify us from any and all liability in respect of any claim, action, damage, loss, cost, charge, expense, penalty, fine or payment which we or a client suffers, incurs or is liable for, arising from provision of services under this Agreement including if you breach this Agreement, or any injury or death of a client, or loss or damage to Nanny2u or a client’s property caused by an act or omission by you. This clause survives termination.

16. Governing law and jurisdiction

This Agreement is governed by the laws of New South Wales. Each party submits to the non‑exclusive jurisdiction of the courts of New South Wales.

By completing a Nanny2u application form  you have agreed to and accepted Nanny2u’s Terms and Conditions.