Dummies and Playdates® Nanny and Babysitting Agency
- The Agency provides Referral Services which include Background Checks, pre-screening interviews and referrals for the Placement of a Carer/Domestic with a Client.
- The Carer/Domestic has requested and the Agency has agreed to provide the Referral Services to the Carer.
- This agreement records the terms upon which the Referral Services are to be provided by the Agency to the Carer/Domestic.
Terms of Agreement
In this agreement, the following words have the meaning ascribed to them below:
(1) Agency means Dummies and Playdates® Nanny and Babysitting Agency.
(2) Background Checks are investigations undertaken by the Agency and include (but are not limited to those set out in clause 7.
(3) Carer/Domestic means a Carer/Domestic, Mother’s Help, Babysitter, Mothercraft Nurse or Carer/Domestic, Emergency Carer/Domestic, domestic assistant or any other person whom the Agency introduces to a Client.
(4) Carer/Domestic Code of Conduct is attached as Annexure 3.
(5) Claim against any person any allegation, action, demand, cause of action, suit, proceeding, judgement, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise.
(6) Client refers to a Person or Person’s using the services of this Agency to employ Carers/Domestic.
(7) Confidential Information means:
- this agreement;
- personal information;
- information obtained through performance;
- any other information disclosed by the Agency that is:
- identified as being confidential; or
- would be apparent to a reasonable person that such information was disclosed in confidence by the disclosing party.
(8) Carer/Domestic Registration Form is the application form that the Carer/Domestic completes to be eligible for Placement with a Client by the Agency.
(9) Placement refers to the engagement of a Carer/Domestic that has been introduced by the Agency and placed and/or employed by a Client.
(10) Referral Services are the services provided by the Agency to the Client and/or the Carer/Domestic and which are set out in the Referral Services Schedule attached as Annexure 2.
2 Documentation to be provided by Carer/Domestic
(1) When requested by the Agency, the Carer/Domestic agrees to provide the Agency with the following:
- Written references.
- An up to date resume.
- Two (2) forms of valid photographic identification (such as a Driver’s Licence or Passport).
- Social security or Medicare number.
- Certified copies of academic transcripts and/or evidence of qualifications.
- An up to date Police Check.
- A Working With Children Check number.
- First Aid/CPR Certificate.
(2) All documentation provided by the Carer/Domestic at any time, whether in response to a request by the Agency or on registration, must be accurate and up to date.
3 Carer/Domestic Registration
(1) The Carer/Domestic agrees to provide the Agency with an up to date and executed Carer/Domestic Registration Form when requested by the Agency.
(2) The Agency has the right to refuse to register a Carer/Domestic on the Agency’s books in its absolute discretion, particularly in the following circumstances:
- The Carer/Domestic has misled the Agency with information they knowingly know to be false or misleading in their Carer/Domestic Registration Form or interview.
- The Carer/Domestic refuses to give permission for the Agency to undertake the Background Checks.
- The Carer/Domestic fails to successfully pass the Background Checks.
(3) If the Agency is satisfied from the information contained in the Carer/Domestic Registration Form that the Carer/Domestic is a suitable candidate for a present or future Placement, the Agency will schedule a personal interview with the Carer/Domestic at a time and date convenient to both parties.
(4) Nothing in this agreement obliges the Agency to:
- refer the Carer/Domestic to a Client to provide any, or a minimum number of Placements; or
- exclusively use the Carer/Domestic for a Placement.
4 Background Checks and Pre-Screening Procedures
(1) By entering into this agreement, the Carer/Domestic authorises the Agency, at any time during the Term, to undertake any or all of the following Background Checks with respect to the Carer/Domestic:
- Federal and Local Police Criminal Background Checks.
- Working with Children Check.
- RMS Driving Check.
- Social Security/Medicare Check.
- Credit Check.
- Passport Check (where applicable).
- Visa Check (where applicable).
- Past Employment History Verification Check.
(2) The Agency has sole discretion as to whether a Carer/Domestic is suitable for Placement with a Client.
The Carer/Domestic must perform their Placement(s) with a Client:
(1) using their best endeavours;
(2) in a competent and professional manner at all times;
(3) in accordance with any laws and requirements of any government or regulatory authority;
(4) in accordance with the Carer/Domestic Code of Conduct; and
(5) in accordance with the reasonable directions of the Client from time to time.
- Terms of agreement
The Carer/Domestic acknowledges and agrees that they must make their own agreement and arrangements with the Client and the Agency does not bear any responsibility in that regard.
6 Payment of Fees
(1) The Carer/Domestic is not required to make any payment to the Agency for the Referral Services.
(2) The Carer/Domestic acknowledges and agrees that:
- the Agency is not responsible for the payment of any wages, allowances, leave entitlements, superannuation or expenses to the Carer/Domestic which arise as a result of any Placement;
- the Client is solely responsible for the payment of all wages, allowances, leave entitlements, superannuation (where applicable) or expenses to the Carer/Domestic for their Placement; and
- no Claim may be made against the Agency for payment of any kind with respect to the Referral Services provided by the Agency.
(3) The Agency does not accept any responsibility for the Carer’s/Domestic’s travel and/or travel related expenses to or from the Agency or to or from the Client’s residence for the purposes of interviews with the Agency or the Client. All such travel costs are to be borne by the Carer/Domestic.
7 Carer/Domestic Code of Conduct
If the Carer/Domestic fails to comply with the Carer/Domestic Code of Conduct or any of the Agency’s policies:
- included or referred to in this agreement; or
- adopted by the Agency from time to time and notified in writing to the Carer/Domestic,
- then the Agency may terminate this agreement immediately by notice in writing to the Carer/Domestic.
8 Acknowledgements & Undertakings
- Acknowledgement by Carer/Domestic
The Carer/Domestic acknowledges that:
(1) the Agency is a referral service only, that provides the Referral Services and will not be responsible for the training, employment or supervision of the Carer/Domestic;
(2) The Agency does not exercise control or authority over the Carer/Domestic, either before or after a referral or Placement by the Agency;
(3) the Agency does not guarantee that the Carer/Domestic will be successful in obtaining a Placement with a Client;
(4) any Placement with a Client will be on the terms and conditions of a separate agreement between the Carer/Domestic and the Client;
(5) it is in the discretion of the Carer/Domestic to accept or decline offers of Placement with a Client referred to them by the Agency; and
(6) all Referral Services provided to the Carer/Domestic by the Agency, are based on their representations to the Agency as to their availability, qualifications, skills and experience.
- Undertakings of Carer/Domestic
The Carer/Domestic undertakes that in submitting its Carer/Domestic Registration Form:
(1) it has the skills, expertise, experience and qualifications set out in the Carer/Domestic Registration Form; and
(2) it understands and agrees to perform its obligations under this agreement.
9 Confidentiality and Intellectual Property
(1) The Carer/Domestic acknowledges and agrees that the Agency is authorised to use the Confidential Information provided by the Carer/Domestic for the purpose of performing the Background Checks and providing the Referral Services.
(2) The Carer/Domestic must keep any Confidential Information disclosed to it confidential and must only disclose that information in accordance with paragraph (3).
(3) The Carer/Domestic must not disclose Confidential Information disclosed to it by the Agency except:
- with the prior written consent of the Agency;
- where the Carer/Domestic is required to do so by law; or
- in accordance with the terms of this agreement.
- Duration of Confidentiality Obligations
The obligation of confidentiality set out in this agreement operates indefinitely and does not terminate on the expiry or early termination of this agreement.
- Use of Confidential Information
The Carer/Domestic may only use, copy, reproduce or otherwise deal with the Confidential Information disclosed to it:
(1) in a manner that is related to the proper and lawful conduct and performance of its obligations under this agreement; or
(2) in a manner expressly directed by the Agency.
- Failure to maintain Confidentiality
If the Carer/Domestic fails to keep the Confidential Information secret, then the Agency may do any one (1) or more of the following:
(1) terminate this agreement;
(2) recover damages arising from the Carer/Domestic’s breach (including exemplary, special and punitive damages) from the Carer/Domestic; or
(3) recover all legal and Court costs (on a full indemnity basis) incurred by the Agency in seeking to:
(a) prosecute the Carer/Domestic’s breach of this agreement; or
(b) restrain the disclosure of the Confidential Information by the Carer/Domestic and/or any third party.
10 Limitation of Liability
- The Agency accepts no responsibility or liability for any loss or damage to persons or property due to the actions, conduct or activities of a Carer/Domestic, except to the extent that any such loss or damage arose as a direct result of a negligent act or omission of the Agency.
(1) The Carer/Domestic indemnifies the Agency against any Claim brought against the Agency in relation to any Placement to the extent that any such Claim.
(2) The rights in this clause 11 survive the expiration or termination of this agreement.
- Termination by either party
- Either of the Parties may terminate this agreement at any time by giving the other party fourteen (14) days written notice.
- Termination as a result of an event of default
- The Agency may terminate this agreement at any time without prior notice if the Carer/Domestic:
- commits any serious or persistent breach of any of the terms of this agreement;
- becomes of unsound mind;
- is convicted of any criminal offence other than an offence which in the reasonable opinion of the Agency does not affect the Carer/Domestic’s suitability to perform a Placement; or
- becomes permanently incapacitated by reason of accident or illness.
- The Carer/Domestic must not do any one (1) or more of the following acts:
(1) disclose any Confidential Information (of any nature and in any form);
(2) make or publish any statement (of any nature and in any form); or
(3) do any other thing of any nature,
that may harm or prejudice the reputation, good name or goodwill of the Agency.
13 Administrative Provisions
- Relationship of the Parties
(1) No terms of this agreement or any aspect of the operation of this agreement are to be construed so as to create any of the following relationships (Proscribed Relationship) between the Parties:
- joint venturers;
- trustee and beneficiary;
principal and agent; or
- employer and employee.
(2) Each party must ensure that they do not conduct themselves so as to hold out, or otherwise represent, that:
- a Proscribed Relationship exists between them; or
- that they have the authority to represent or otherwise bind the other party.
(3) The relationship between the Agency and the Carer/Domestic constituted by this agreement is principal and independent contractor only.
- Entire Agreement
This agreement is the entire agreement of the parties on the subject matter.
The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the parties to be bound by the waiver.
Each party must sign, execute and deliver all deeds, documents, instruments and act reasonably and effectively to carry out and give full effect to this agreement and the rights and obligations of the parties under it.
This agreement may only be amended or supplemented in writing signed by the Parties.
Any provision of this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid or enforceable, and is otherwise capable of being severed to the extent of the invalidity or enforceability, without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
- Governing Law
The law in force in the State of New South Wales, Australia governs this agreement.
Eastern Suburbs Nannies