Babysitting Nanny Eastern Suburbs
Terms and Conditions
A The Agency provides Referral Services which include Background Checks, pre-screening interviews and referrals for the Placement of a Carer/Domestic with a Client.
B The Client has requested and the Agency has agreed to provide the Referral Service to the Client in accordance with this agreement.
Terms of Agreement
In this agreement, the following words have the meaning ascribed to them below:
(1) Agency means Diane Carter Pty Limited trading as Dummies and Playdates® Nanny and Babysitting Agency (formally known as Helping Hands 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 4.
(3) Carer/Domestic means a Nanny, Mother’s Help, Babysitter, Mothercraft Nurse or Nanny, Emergency Nanny, Domestic Staff or any other person whom the Agency introduces to a Client.
(4) 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.
(5) Client refers to a Person or Person’s using the services of this Agency to engage a Carer/Domestic.
(6) Client Registration Form is the application form that the Client completes to be eligible for registration on the Agency’s books.
(7) Confidential Information means:
(a) this agreement;
(b) personal information;
(c) any other information disclosed by the Agency that is:
(i) identified as being confidential; or
(ii) would be apparent to a reasonable person that such information was disclosed in confidence by the disclosing party.
(9) Fee Schedule means the Fee Schedule attached to this agreement or otherwise provided to the Client by the Agency.
(10) GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any other Act or regulation relating to the imposition or administration of the GST.
(11) Late Payment Fee means the amount set out in the Fee Schedule.
(12) Placement refers to the engagement by the Client of a Carer/Domestic that has been introduced by the Agency and engaged by a Client.
(14) Referral Services are the services provided by the Agency to the Client and which are set out in the Referral Services Schedule.
(15) Babysitting and or Booking means the engagement of a Casual Babysitter and or Domestic Cleaner that is engaged as a one off Placement per Calendar Day and has been introduced by the Agency and engaged by the Client.
2 Referral Services
2.1 Performance of Referral Services
The Client engages the Agency to perform the Referral Services in accordance with the terms of this agreement.
2.2 Standard of Referral Services
(1) The Agency will perform the Referral Services with all due care, skill and diligence.
(2) The Agency will provide Two (2) Candidates for the Client to choose from.
(3) The provision of the Referral Services is subject to the Client:
(a) providing the Agency with a completed and up to date Client Registration Form;
(b) paying the Deposit Booking Fee and
(c) providing adequate instructions to enable the Agency to fulfill its obligations under this agreement.
3 Client Registration
(1) When a Client contacts the Agency seeking a Carer/Domestic for a Placement with the Client’s family, the Client must provide the Agency with a completed and up to date Client Registration Form.
(2) The Client Registration Form is between the Client and the Agency only and is to be executed by the Client and returned to the Agency along with the payment of the Deposit Booking Fee.
(3) The Client must ensure that all documentation provided by the Client at any time, whether in response to a request by the Agency or on registration, must be accurate and up to date.
4 Background Checks and Pre-Screening Procedures
(1) The Agency will not refer a Carer/Domestic to a Client for interviews without first completing the relevant Background Checks.
(2) The Client acknowledges that the Agency has sole discretion as to whether a Carer/Domestic is suitable for Placement with a Client.
(3) The Agency will only refer to a Client a Carer/Domestic who has successfully passed the relevant Background Checks performed by the Agency.
5 Consultation between the Parties
The Client must provide at least two (2) days written notice to the Agency if it wishes to schedule a consultation with a prospective Carer/Domestic.
6 Hiring Decision
(1) The Client acknowledges and agrees that it will remain the sole responsibility of the Client to screen, interview and hire a Carer/Domestic referred by the Agency.
(2) It is the absolute discretion of the Client to engage and offer a Placement to a Carer/Domestic.
(3) All liability with respect to the hiring decision made by the Client to engage a Carer/Domestic for a Placement rests solely upon the Client.
(4) The Agency will not be a party to any agreement or contract between the Client and any Carer/Domestic referred by the Agency.
(5) Within the first two (2) weeks of the Carer/Domestic’s Placement, the Client must provide the Agency with a copy of the agreement/contract between the Client and the Carer/Domestic for the Agency’s records.
(6) All Placements and or Bookings must be made through the Agency prior to a Client engaging the services of a Carer/Domestic. At no time is the Client permitted to contact the Carer/Domestic directly to check any availability or to make a booking.
(7) If the Client makes a booking with a Carer/Domestic, the Client will be charged a booking or Placement Fee as set out in the Fee Schedule which will be payable immediately upon request to the Agency.
7 Work Environment
(1) The Client must ensure that at all times it provides a Carer/Domestic introduced by the Agency with a work environment that is free from any safety or health hazards.
(2) It is the responsibility of the Client to take out public liability and or domestic employee’s workers compensation insurance while a Carer/Domestic is in their employment and is required to maintain this insurance for the duration of the Care/Domestic’s employment.
8 Payment for Referral Services
8.1 Placement Fee
In consideration for the Agency providing the Referral Services, the Client must pay 40% of the Placement Fee set out in the Fee Schedule to the Agency by Direct Deposit, PayPal or Credit Card or such other means as requested by the Agency at the time of Confirmation of a Placement and or Booking by the Client on accepting the Carer/Domestic and the Carer/Domestic accepting the Placement/Booking from the Client for all Temporary, Part Time, Full Time Placements only.
8.2 Tax Invoice
(1) The Agency will provide the Client with a tax invoice for the Placement Fee.
(2) The Client must pay the remanding 60% of the Placement Fee that is due and payable to the Agency within seven (7) business days of the date of the tax invoice and prior to the commencement date of the Placement and or in the first (7) days of Placement whichever comes first.
(1) Interest is payable on any amount owed by the Client to the Agency at the rate of ten per cent (10%) per month from the due date for payment until the relevant amount is paid.
(2) The Client will be responsible for the payment of all reasonable legal costs and expenses incurred with respect to the recovery of any outstanding amounts owed to the Agency.
9.1 Defined GST Terms
Defined terms used in this clause 9 have the meaning ascribed to them in the GST Law.
9.2 GST to be added to Amounts Payable
(1) If GST is payable on a taxable supply made under, by reference to or in connection with this agreement, the party providing the consideration for that taxable supply must also pay the GST amount as additional consideration.
(2) This clause 9 not apply to the extent that the consideration for the taxable supply is expressed to be GST inclusive.
(3) Unless otherwise expressly stated, prices or other sums payable or consideration to be provided under or in accordance with this agreement are exclusive of GST.
9.3 GST Obligations to Survive Termination
This clause 9 will continue to apply after the expiration or early termination of this agreement.
10 Compliance with Agency’s Policies
If the Client fails to comply with any of the Agency’s policies
(1) included or referred to in this agreement; or
(2) adopted by the Agency from time to time and notified in writing to the Client,
then the Agency may terminate this agreement immediately by notice in writing to the Client.
11 Acknowledgement by Client
The Client acknowledges and agrees 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 a Carer/Domestic the Agency does not exercise control or authority over a Carer/Domestic, either before or after a referral or Placement by the Agency to the Client;
(2) the Agency is not responsible for the payment of any wages, allowances, leave entitlements, superannuation or expenses to a Carer/Domestic which arise as a result of any Placement;
(3) the Client is solely responsible for the payment of all wages, allowances, leave entitlements, superannuation or expenses to a Carer/Domestic on account of their Placement;
(4) any Placement with the Client must be on the terms and conditions of a separate agreement between the Client and a Carer/Domestic; and
(5) it is in the discretion of a Carer/Domestic to accept or decline offers of Placement with the Client.
The Client warrants to the Agency that it:
(1) has not relied on any warranty or representation made by the Agency except for those explicitly set out in this agreement;
(2) has read and understood the terms of this agreement; and
(3) is able to pay its debts to the Agency as and when they fall due.
13 Limitation of Liability
(1) The Client indemnifies the Agency against any Claim:
(a) relating to the proper performance by the Agency of its obligations under this agreement; or
(b) resulting from the fraudulent, negligent or unlawful behaviour of the Client or a breach of this Agreement by the Client.
(2) The Agency accepts no responsibility or liability for any loss or damage to persons or property due to the actions, conduct and 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 Client indemnifies the Agency against any Claim brought against the Agency in relation to the provision of the Referral Services, except to the extent that any such Claim arises as a result of an act or omission of the Agency.
(2) The Client acknowledges and agrees that it has no Claim against the Agency arising from a Carer/Domestic’s actions during the course of any Placement with the Client, including but not limited to acts which involve stealing, acts of negligence and drug and/or alcohol abuse.
(3) The rights in this clause 14 survive the expiration or termination of this Agreement.
(1) The Client acknowledges and agrees that the Agency is authorised to use the Confidential Information provided by the Client for the purpose of performing the Background Checks and providing the Referral Services.
(2) The Client must keep any Confidential Information disclosed to it confidential and must only disclose that information in accordance with paragraph (
(3) The Client must not disclose Confidential Information disclosed to it by the Agency except:
(a) with the prior written consent of the Agency;
(b) where the Client is required to do so by law; or
(c) in accordance with the terms of this agreement.
15.2 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.
15.3 Use of Confidential Information
The Client 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.
15.4 Failure to maintain Confidentiality
If the Client fails to keep the Confidential Information secret, then the Agency may do any one (1) or more of the following:
(3) terminate this agreement;
(4) recover damages arising from the Client’s breach (including exemplary, special and punitive damages) from the Client; or
(5) recover all legal and Court costs (on a full indemnity basis) incurred by the Agency in seeking to:
(a) prosecute the Client’s breach of this agreement; or
(b) restrain the disclosure of the Confidential Information by the Client and/or any third party.
16.1 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 of such termination.
16.2 Termination by the Client
(1) The Client may terminate this agreement at any time by providing the Agency with written or verbal notice to that effect.
(2) If the Client terminates this agreement, the Client is not entitled to a refund of any Placement and or Booking Fee paid by the Client prior to the date of termination, even if that Placement and or Booking Fee is for a Placement due to commence after that date.
16.3 Termination by the Agency as a result of an event of default
The Agency may terminate this agreement at any time without prior notice if the Client:
(1) does not pay any money owed to the Agency for more than thirty (30) days after it was originally due to be paid;
(2) commits any serious or persistent breach of any of the terms of this agreement.
The Client must not, either:
(1) during the Term; or
(2) after the termination of this agreement,
do any one (1) or more of the following acts:
(3) disclose any Confidential Information (of any nature and in any form);
(4) make or publish any statement (of any nature and in any form); or
(5) do any other thing of any nature,
that may harm or prejudice the reputation, good name or goodwill of the Agency.
Upon termination of this agreement, the Client must pay the Agency for any and all Referral Services performed by the Agency prior to the date of termination, as well as any costs and or Administration charges incurred by the Agency as a result of the termination of this agreement as set out by the Agency.
17 Incorporated Documents
The Client and the Agency acknowledge and agree that the Client Registration Form completed by the Client is incorporated as part of this agreement.
18 Administrative Provisions
18.1 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:
(a) joint venturers;
(c) trustee and beneficiary;
(d) principal and agent; or
(e) employer and employee.
(2) Each party must ensure that they do not conduct themselves so as to hold out, or otherwise represent, that:
(a) a Proscribed Relationship exists between them; or
(b) that they have the authority to represent or otherwise bind the other party.
18.2 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.
18.7 Governing Law
The law in force in the State of New South Wales, Australia governs this agreement.
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