Terms and Conditions – Parents

Client Referral Agreement – Terms & Conditions

Overview

Thank you for choosing Nanny2u, we look forward to assisting you.

Nanny2u is a referral agency for carers. We do not enter into contracts of employment with carers. We refer selected carers to you, you choose the carer that you wish to employ, and you enter into an employment arrangement with the carer, on a permanent or casual basis.

We take care in selecting our carers.  We interview and thoroughly vett each carer that we refer to you and confirm they have experience with caring for children, a current Working With Children Check and are able to work in Australia.

How we refer carers to you and how you accept our terms

(a) When you contact us to book a carer (Booking), you will provide us with the requested information about your needs, and we will provide you with information about the carer.  You will be asked when completing the Booking form to accept our Terms & Conditions.
(b) For a casual placement, as defined on our website: www.nanny2u.com.au, we will provide you with information about one carer that we consider will meet your requirements.
(c) For a permanent placement, as defined on our Website, we will provide you with information about two carers that we consider will meet your requirements.
Referral Relationship and Fees
(a)

A Fee is payable to Nanny2u when you confirm the casual or permanent placement.   The Fees are set out on our Website or will be provided to you separately.

(b)

The Fees are payable as follows, or as otherwise notified to you in writing:

i.

Casual Placement: Payable for each calendar day that the carer is booked for a casual placement, payable when making the Booking;

ii.

Corporate Placement: Payable for each calendar day that the carer is booked for a casual placement, payable when making the Booking; and

iii.

Permanent Placement: Payable as 10% or $50 deposit (whichever is greater) on your request for a carer and to confirm that you accept the Terms, and the balance when the Client has agreed to accept a carer.

(c)

Fees are payable to Nanny2u by Electronic Funds Transfer or PayPal – an invoice will be provided.

(d)

Nanny2u will provide you with tax invoices for the Fees, that comply with any invoicing guidelines released by the Australian Taxation Office from time to time.  Please settle each invoice within 7 Business Days of its receipt.

Reporting

You must provide us with reports reasonably requested by us from time to time in relation to carers we have referred you to, and hours you have worked by each carer, on request and as reasonably requested by us from time to time.

Communicating with your carer
(a)

For a casual placement, the carer will contact you:

ii.

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

iii.

as soon as possible if the Booking is within 24 hours.

(b)

You and the carer 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).

(c)

For a permanent placement you may interview two carers, then you and the carer mutually agree whether you want to engage them and they want to be engaged for the Booking.  We can provide you with guidance on the permanent placement interviews.

How you pay the carer
(a)

Casual placement: you will pay the carer directly for his/her services provided to you, 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: you will pay the carer directly for his/her services provided to you, 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 carer.

(c)

Corporate placement: payment is due at the end of the shift, unless otherwise agreed between you and the carer.  You will pay Nanny2u as agent for the carer at the hourly rate agreed between you and Nanny2u, and Nanny2u will pay the relevant amount to the carer.  Alternatively, Nanny2u may ask you to pay Nanny2u and the carer each, directly.

(d)

Invoice: The carer should provide you with a tax invoice that complies with any invoicing guidelines released by the Australian Taxation Office from time to time and that must include the carer’s ABN (if applicable) and a description of the services provided.  Please settle each invoice in the period specified by the carer.

(e)

You are responsible for ensuring that the carer holds and maintains the appropriate visa to work in Australia for you as a carer. We check this when we refer a carer to you, but we are not responsible or liable for checking this on an ongoing basis if you employ the carer.

Legal Relationship, Tax and Insurance
(a)

You employ the carer directly. As the employer of the carer, you are responsible:

(1)

to register for taxation purposes as a group employer and to deduct taxation from payments made to the carer.  Taxation deductions should then be remitted to the Australian Taxation Office on a regular basis; and

(2)

for paying workers compensation insurance for the carer, as relevant.  Please obtain any other insurances that you may require or consider necessary for having an employee working in your home.

(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 the carer.  You are not entitled to any superannuation, taxation or insurance payments by Nanny2u.

(c)

Depending on how the relationship between you is structured, you or the carer 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 carer.

(d)

You are responsible for the payment of all taxes, fees, charges and other imposts that apply to your employing the carer.  We have no liability to you in this regard.

(e)

You indemnify us against any such superannuation, taxation, fees, charges and any other imposts, excluding any income tax payable by us.

Cancellation Policy and Fee

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

If the client cancels a confirmed Temporary, Casual, or Permanent booking of two (2) or more days booking, by way of payment made to Nanny2u, then the client will not be entitled to a refund.

All Permanent and Temporary bookings of four (4) or more days require a $100 non-refundable deposit.

Exclusivity and Restraint
(a)

Once Nanny2u has provided you with details of a carer, then you are liable to pay the fees set out in this Agreement, if you engage the carer to work for you, directly or indirectly. All future bookings of that carer need to be made through Nanny2u.

(b)

You are liable to pay a Fee to Nanny2u, if you refer a carer who was originally introduced by Nanny2u to you, to a third party.

(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:

i.

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

ii.

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.

Location and Facilities

You will provide a clean and safe location for the carer to work.  Failure to do so gives Nanny2u the right to terminate this Agreement.  You are liable for Fees payable to Nanny2u and the carer, up to and including the date of termination of the Agreement.

Disputes
(a)

Any disputes between you and a carer, or issues regarding the carer, need to be discussed directly with the carer.  Please contact Nanny2u if you are unable to resolve the dispute.  If the dispute occurs within the first 8 weeks of the Permanent Placement, and it cannot be resolved, the carer will cease to work for you and we will refer another carer to you, for you to interview and select from, with no additional Fee payable.

(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.

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 breach of this Agreement.  Upon termination of this Agreement under this clause, you are liable for Fees payable to Nanny2u, up to the date of termination of the Agreement.

(c)

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

Confidentiality

You will maintain the secrecy of any confidential information about Nanny2u or a carer, including rates, terms of this Agreement and personal information about the carer (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.

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.

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 carer referred by Nanny2u.

(b)

Nanny2u’s maximum liability to you is the requirement to provide you with details of alternative carers, at no additional fee 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 carer 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 carer, or loss or damage to Nanny2u or a carer’s property caused by an act or omission by you. This clause survives termination.

Governing law and Jurisdiction

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