Little Lovelies Nanny Agency Casual Nanny and Babysitting Terms and Conditions

  1. The Agency specialises in sourcing and placing qualified and experienced nannies and carers for families on a casual or fixed term basis.
  2. The Agency has been engaged by a family to find a suitable candidate to fulfill the position as described in the Schedule.

 

  1. Definitions
    • Agency means Little Lovelies Nanny Agency ACN 602 296 113.
    • Agency Fee means (a) the Placement Fee, (b) the Payroll Fee and (c) the Service Fee, payable to the Agency for the Services.
    • Agreed Hourly Rate means the hourly rate as set out in the confirmation email.
    • Booking Fee means the fees stipulated on the website under the Babysitter & Casual Nanny Booking Fees & Rates section.
    • Booking Form means the Casual Nanny and Babysitter Booking Form accessed via the website.
    • Carer means the person nominated by the Agency to provide Services to the Family.
    • Candidate means a person to who the Agency makes an Introduction to the Family.
    • Conditions means the terms and conditions of supply of Services as set out within these terms and conditions, and any subsequent terms and conditions agreed in writing by the Agency and the Family from time to time.
    • Confirmation email means the email sent to the Family to confirm a Casual Nanny or Babysitting booking, the Carer’s details, Agreed Hourly Rate, Term and Instructions.
    • Cooling off period means a period 2 hours from the time a Confirmation Email is sent by the Agency to cancel or make changes to a booking without the Family incurring cancellation Fees or additional Service Fees.
    • Family means the persons named in the Booking Form who engages the Agency to provide the Services in accordance with these Conditions.
    • GST means goods and services tax as defined in the GST Act.
    • GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    • Instructions means the instructions provided within the Booking Form by the Family, to the Agency to effect Introductions to him / her for the purpose of obtaining childcare on a temporary basis.
    • Introduction means the passing by the Agency to the Family of a Curriculum Vitae or any other information in relation to a Candidate.
    • Payroll Fee means the fee incurred from the provision of Little Lovelies Payroll Service.
    • Permanent Placement means the placement of a Carer with a Family, or any other person introduced to the Family to provide the Services, for three (3) months or more in any twelve (12) month period.
    • Placement Fee means in relation to the placement of a Carer with the Family for a term of three or more months, the placement fee will be set out in a Permanent Placement Contract and invoiced separately.
    • Recruitment Fee means in relation to the Introduction of the most suitable candidate(s) to the Family, the recruitment fee is non-refundable and is offset against the Placement Fee.
    • Services means the services provided by the Agency to the Family as described in these Conditions.
    • Service Fee means the fees calculated pursuant to clause 3, clause 4 or clause 5 of this Contract.
    • Services means the services described in clause 8 of this Contract and in conjunction with the Instructions stated in the Booking Form and confirmed in the Confirmation Email.
    • Short Term or Temporary Placement means engagement by the Family of the Carer, or any other person introduced to the Family by the Agency to provide the Services, for a period of less than three (3) months in any twelve (12) month period.
    • Taxable Supply has the meaning defined in the GST Act.
    • Term means the term as set out in the Confirmation Email being the time between the confirmed start and finish date and time.
    • Timesheet means a written record of the times during which the Carer provides the Services to the Family, pursuant to this Contract.
    • Website means www.littlelovelies.com.au.

 

  1. Terms of Engagement
    • Together, these Terms and Conditions and the Confirmation Email form the contract between the Agency and the Family.
    • The Family engages the Agency to procure a suitable person to provide the Services to the Family, pursuant to the Conditions.
    • The Agency has nominated and the Family has vetted and approved the Carer to provide the Services to the Family.
    • Whilst the Agency uses reasonable endeavours to check a Carer’s background, sole responsibility for determining the suitability of a Carer remains with the Customer. The Agency will not be liable for any special, indirect or consequential loss or damage or any other issues arising from engagement of a Carer by a Customer.
    • The Term is set out in the Confirmation Email unless otherwise terminated in accordance with clause 13 of these Terms and Conditions.
    • Once a confirmation email has been sent by the Agency the Family have a 2 hour cooling off period to cancel a booking. Any changes requested thereafter may incur additional Fees and/or cancellation fees.
    • The Agency shall use reasonable endeavors to introduce to the Family, candidates which the Agency considers suitable to work with the Family as required in the Instructions and to perform the additional Services as further set out in the Confirmation Email.
    • The Agency does not give any warranty as to the accuracy of the information supplied to it by the Candidates and or the nominated Carer.
    • The Family agrees not to approach Carers introduced by the Agency, to accept/entice or engage any form of private engagement for any form of service or category of work between the Family/Carer or any other Individual or Entity associated with the Customer while the Carer is representing the Agency or thereafter for a period of 5 years.
    • The Family shall report all Carer offers for extra private bookings immediately to the Agency and request that the Carer contact the agency directly in future.

 

  1. Agency Fee for Short Term or Temporary Placements
    • At submission of a Booking Form, the credit card nominated by the Family will be charged the appropriate Booking Fee as set out on the Websiteunder Babysitter & Casual Nanny Booking Fees & Rates. If for any reason the Agency is unable to confirm the booking a full refund will be paid back to the Family’s nominated credit card.
    • For each additional booking the Family must submit a new booking form. Up to 10 sessions can be booked via the Booking Form.
    • If a Family engages a Carer or any person introduced to the Family by the Agency for additional sessions directly, without submitting a Booking Form, the Family shall be liable to pay the agency Booking Fee that would have been charged had they appropriately engaged the Agency to complete the booking.
    • Where a short term or temporary position subsequently becomes a permanent position i.e. three (3) months or more, the Family shall be required to pay the relevant Agency Fee for the Permanent Placement fee less the amount originally paid for the Short Term or Temporary Placement.
    • If a Family engages a Carer or any person introduced to the Family by the Agency within any twelve (12) month period, to provide any services related to or similar to the Services, but fails to inform the Agency within seven (7) days, the Agency Fee will become immediately due, owing and payable, by the Family to the Agency, subject to a 25% surcharge.
    • If the Carer’s hours are increased, the Agency reserves the right to re-invoice the Family for any additional fee that is due and payable in accordance with this Contract.
    • If the Family has to delay the commencement of the Carer’s start date pursuant to this Contract, (for example because of the birth of a baby later than expected) no refund of the Agency Fee or any part there of shall be payable.
    • The Agency reserves the right to request at any time, in writing, direct payment of a full invoice from a Customer, for example, where a Customer has not made direct payment to the Carer. This will be charged direct to the Customers credit card after email communication.
    • The Family shall be liable for and shall indemnify the Agency against all reasonable costs and expenses incurred by the Agency in respect of any steps, actions or proceedings made or brought against the Family by the Agency to obtain payment of outstanding Agency Fees and interest.

 

  1. Cancellation Fees
    • A confirmed Casual Nanny or Babysitting booking cancellation shall incur a cancellation fee as follows:
      • $25 when cancelled more than 24 hours prior to commencement;
      • $50 when cancelled less than 24 hours prior to commencement;
      • $75 cancelled less than 4 hours prior to commencement.
    • The cancellation fee will be charged direct to the Customers credit card by the Agency at time of cancellation. Regular / Ongoing positions may also incur a Cancellation fee dependent upon the situation.

 

  1. Agency Fee for Placement of Permanent Positions
    • The Family shall pay the Agency as follows:
      • The Recruitment Fee, to be paid on or before the day of Introduction of the most suitable candidate(s) to the Family.
      • The Placement Fee, to be paid on confirmation of the placement of the Carer with the Family subject to clause 3. Provision of Services, Terms, Service Fees and other pertinent information to be confirmed within a separate contract relating to the Permanent Placement.
      • The Payroll Service Fee, if applicable, is due to be paid on receipt of the invoice issued in relation to the Service.

 

  1. Additional Fees
    • If a Carer is initially engaged by the Family on a temporary basis and is re-engaged by the Family within a period of twelve (12) months’ then the Family shall be liable to pay the Agency, the relevant Agency Fee in relation to the placement of the Carer with the Family. Such fee will be equal to the Agency fee that would have been payable if the Agency had placed the Carer with the Family.
    • If the Carer is initially placed with the Family on a short term or temporary basis and the placement is extended or the number of hours and or days is increased, the Family is liable to pay to the Agency an additional Agency Fee. Such fee shall be the Agency Fee which would have been payable at the time of the Introduction in respect of a Permanent Placement after deduction of the Agency Fee already paid by the Family.

 

  1. Credit Card/ Direct Debit Authority
    • The Family authorises the Agency to arrange for amounts that become payable in association with this Contract and the corresponding to be paid by charging a nominated Credit/Debit Card or by arranging a Direct Debit facility, as nominated by the Family.
    • The Family accepts and acknowledges that an additional fee may be applied to payments made by credit card to recoup the ‘merchant service fees’ levied by the relevant credit card provider.

 

  1. Services
    • The Carer shall perform the Services for at least the number of hours listed in the Confirmation Email, unless otherwise agreed in writing by the Family and the Carer.
    • The Family must be familiar with and observe the Agency’s written policies and procedures that are notified by the Agency to the Family from time to time. The Agency reserves the right to amend, change, add to or vary these policies at any time, in its sole discretion.

 

  1. Responsibilities of the Family
    • The Family shall:
      • Specify in full within the Instructions the Services required and specify their exact requirements and the requisite period of time that the Family will require the Services.
      • Pay the appropriate Agency Fee as set out in in this Contract.
      • Notify the Agency of any changes to the times and dates of engagements in advance.
      • Shall be solely responsible for undertaking the following National Employment Standards where applicable:
        • Work Cover insurance
        • Superannuation contributions
        • Paid and unpaid leave entitlements.
      • Comply with the conditions of this contract and any other conditions that may be notified to the Family at any time prior to a Service or session commencing. These terms and conditions may be varied from time to time by written notice to the Family.
      • Treat the Carer with due regard in relation to their reasonable and comfortable work arrangements and personal needs and ensure a safe and healthy working environment.
      • Ensure that any motor vehicle to be used by the Carer is:
        • Compliant with the relevant road rules (including for child care seats);
        • Has been properly maintained;
        • Is registered; and
        • Is fully insured for all relevant risks.

 

  1. Little Lovelies Payroll Service
    • If the Family wishes to engage the Agency to provide Payroll Services, the Family will be charged the agreed Payroll Fee for this service.
    • The Payroll Service may include the Agency paying the Carer’s wages, organising tax and superannuation payments, arrange the appropriate insurances, prepare employment contracts, and negotiate contract terms, all on the Family’s behalf.

 

  1. Replacement/Refund Policy
    • If the Carer does not commence with the Family after accepting the engagement (other than as a result of a breach by the Family of any to the terms of these Terms and Conditions or a result of the Family’s dismissal of the Carer other than on just and reasonable grounds) then the provisions of this clause 11 shall apply, provided that:
      • the Family has paid the Agency Fee and any other charges under this Contract in full.
      • the Family has notified the Agency within 1 (1) hour of the Carer failing to commence or terminating the engagement.
    • The Agency shall make further Introductions to the Family at no further charge for a replacement for the Carer who has not commenced or has terminated the assignment, or alternatively, in the Agency’s sole discretion, if unable to offer a suitable replacement will refund the Family.
    • Once one (1) free replacement has been Introduced to the Family, there are no further refunds or replacements offered to the Family.

 

  1. Liability
    • The Family shall notify the Agency in writing as soon as reasonably practicable after becoming aware of any circumstances that relate to any act of the Carer and or the Services which may be a breach of any of the terms and conditions set out in this contract (a Relevant Matter).
    • If the Family fails to deliver such written notification to the Agency within 1 (one) week of becoming so aware, it will not be entitled to make any claim against the Agency in relation thereto (and the Agency shall not incur any liability to the Family in relation to such Relevant Matter). In the event that a Relevant Matter is properly notified as above, and subject as otherwise provided herein, the Agency’s liability to the Family in respect of any breach of these terms and conditions or for negligence or otherwise shall not exceed the amount of the Agency fees actually paid by the Family to the Agency pursuant the Conditions in relation to the supply and/or introduction of the relevant Carer to the Family.
    • The Family indemnifies the Agency against any claims, losses or liability made against or incurred by the Family and or the Agency in connection with or associated with the Agency’s placement of the Carer with the Family pursuant to the terms of this
    • The Agency is not liable for any acts and or any amounts arising from the conduct of the Carer, who is engaged in the capacity as an independent Contractor to provide the services, as stipulated in the Conditions, to the Family.

 

  1. Termination
    • Short Term or Temporary Contracts may be terminated with at least 24 hours notification from the confirmed start time written notice failing which payment of Cancellation Fees will apply as set out in clause 4.
    • The Agency may terminate the Contract if the Family fails to affect timely payment of any amounts owing, within one (1) week of such amounts being due owing any payable by the Family to the Agency (any such termination being without prejudice to the Agency’s claim for payments owed).
    • Either party may terminate the Agreement by notice in writing to the other if:
      • the other party commits a material breach of these Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
      • the other party commits a material breach of these Conditions which cannot be remedied under any circumstances.
    • In the event of termination, the Family shall not be entitled to any refund of the Agency Fee already paid and any Agency Fee due at the date of termination, together with interest thereon and all other sums due to the Agency will immediately become payable in full.

 

  1. Indemnities
    • The Family indemnifies the Agency against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against the Agency) that the Agency may sustain or incur as a result, whether directly or indirectly, of any:
      • breach of this Contract by the Family;
      • representations information made or given by the Family in connection with this Contract, whether express or implied, being false or misleading in a material way;
      • unlawful act or omission by the Family; and
      • claim against the Agency in relation to any tax, levy, superannuation or any other claims.
    • The indemnity in this clause 14 is a continuing indemnity and shall survive the termination for any reason of this Contract.

 

  1. Confidentiality

All information provided by either party to the other, including but not limited to any personal details relating to the Carer and or the Family, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other as the case may be.

 

  1. Governing Law

The contract is governed by the laws of the State of New South Wales, Australia. The parties irrevocably submit to the jurisdiction of the courts of New South Wales, Australia.

 

  1. Entire Agreement

The terms of these Terms and Conditions constitutes the entire agreement between the parties as to its subject matter and supersedes all prior understandings or agreements between the parties.

 

  1. Alteration
    • These Terms and Conditions may be varied by the Agency to comply with its legislative and regulatory obligations.
    • All other changes may only be effected if agreed to in writing by both parties.

 

  1. Dispute Resolution
    • If there is a dispute under this Contract, the parties will use their best endeavours to negotiate, in good faith, to resolve the dispute.
    • If there is a dispute under this Contract that is not resolved in accordance with clause 19.1 above, within ten (10) days, either party may give written notice to the other party stating that it is a notice under this clause and specifying the dispute.
    • If the dispute is not settled by agreement within fourteen (14) days after the notice referred to in clause 19.2 is given, the parties will appoint a mediator and will seek in good faith to settle the dispute through mediation on a non-binding basis.
    • If the parties are unable to agree upon a mediator within fourteen (14) days after the expiration of the initial 14 days referred to in this clause 19.3, the mediator must be a person nominated by the President for the time being (or his nominee) of the Law Society of New South Wales and either party may request the nomination at any time after the expiration of the second fourteen (14) days referred to in this clause.