Terms and Conditions

Important Notice!

These Terms govern your usage of our Service at ALL times. All other relevant legal documents, such as, but not limited to: written or oral statements, addendums, contracts formed between any relevant party under these Terms of Service or any other types of express, implied or conclusive means of action are to be interpreted in accordance with these Terms of Service. Information on treatment on information you provide is to be, at all times, and governed by this specific Terms of Service as well as the Privacy Policy

Nest kids and Co (there in after referred to as: “Company”) is, by all objective standards, a legitimate and legally bound private entity, owned and operated by a responsible administrative team, established under relevant law. The Company will NOT, in any manner possible conclude contracts or otherwise deal with any person or entity not having legal capacity to do so. If a person or entity loses its legal capacity during or after concluding a contract, termination of negotiations, considerations or other actions falling into the scope of formation of contract OR termination of contract will occur automatically after the loss of legal capacity of the relevant party.

 

TERMS OF SERVICE

References

Nest kids and Co is a childcare provision introduction agency. For the purposes of these Terms of Service, persons booked to provide childcare services through Nest kids and Co are referred to as “Child Carers”, “Babysitters”, “Sitters” or “Nannies”, whilst persons who form a contract with the Company for the purpose of being introduced to Childcare Providers via the Company are to be referred to as “Client(s)”, “Family (Families)” or “Parent(s)”.

REGISTRATION AND USAGE PROVISIONS.

In order to use the Service, registration is required. Upon registration, you will be asked to fill in a registering form, providing the Service with relevant information about you and your children. Your information is to be, at all times, used in accordance with the Service’s Privacy Policy. You hereby agree and warrant that you will submit information, which is accurate, complete, current and non-misleading relating to your registration, as well as any 3rd party Website used to register with this Service’s Website.

SCOPE OF SERVICE.

The Service provides introduction and booking of vetted and experienced childcare professional Nannies, Babysitters and Early Childcare Relief Teachers. Please note that the Service does not employ the Child Carers, but rather acts as a Service, providing you with possible booking offers according to your preferences. 

The Service provides child care introduction services and will endeavour to introduce to the Client, Child carers on the Service’s Register. The Service undertakes to ensure that all Child carers on the register have been carefully selected. The Client accepts that no amount of reference checking can provide a guarantee of future performance by individual Child carers.  The Service is not to be held accountable for any behaviour of any party using these Services, whether Child Carer or Client, as all parties agree to and fully understand that the Service acts as an agent, but not employer of Child Carers.

CHILD CARER SELECTION. REFERENCES.

This Subsection governs the procedure of Selection of Child Carers introduced, offering their services to the Clients : - A written application by the Child carer, - Identity checks by sight of documents and records supporting the applicant's identity, - Face-to-face or telephone interview, - Police checks, taken in order to verify the Child Carers’ driving license and possible penalties arising from their driving record, - Full Criminal history check of the Candidate Child carer (advising us of their suitably as a sole carer of children).

References are also to be taken, and the Service does require that references are verified and asked about the candidate in question to allow referees to give a more full, frank and candid picture, these may be referees or past employees. The application and notes of the references received are reviewed, approved and signed off by a Director of the company before each Child carer is admitted to the Services' register.

BOOKINGS VIA THE SERVICE.

It is often not possible for the Service to contact every parent that each Child carer has provided childcare services to over an extended career. Nest kids and Co endeavours to fill all bookings providing a reasonable notice.  The Client accepts that Child carers in the Service’s register are free agents and Nest kids and Co is NOT TO BE HELD LIABLE for any performance, default or breach of an individual contractual relationship formed between the Client and the Child Carer. 

OFFERS TO CLIENTS.

Every Child Carer booking is to be made with a minimal length of 3 hours (thereinafter referred to as: minimal booking hours). The Client may dismiss the Child Carer earlier than the expiration of the minimal booking hours, but will be required to pay the fee of the minimal booking hours. If the Client, by any occasion, extends the booking hours of the Child Carer, the Client is to pay the extended booking hours appropriately and as stipulated between the Child Carer and Client.

ORDERS AND PAYMENT.

For the purposes of this document, an Order is a concluded sale, weather in the form of purchasing an active Subscription plan (thereinafter referred to as: membership) or any one-time payments made by Clients on this Website. In order to purchase a membership or pay a fee on the Service, certain personal information is required. You should expect to provide contact information (such as, but not limited to: name, e-mail, address) and financial information (billing credentials). This information will be utilized in NO OTHER WAY than billing purposes.

Babysitting Fees.

You are to be given several options on how to book for a Childcare Service. Please note that all displays and screenings on the website are the only relevant source of the conditions of booking, and are to supersede the remainder of this Subsection, upon checkout. By checking out, you warrant that you have read the RELEVANT TERMS DISPLAYED BEFORE CHECKOUT about the correct specifics of the payment options regarding bookings of Child carers.

Option 1. The Client pays a casual (service) fee of $18.50 per booking.

Option 2. The Client pays a membership subscription of $30 per month, in return the Client is permitted to book unlimited Babysitters on the Service’s website within that paid month to provide Babysitting services to the Client.

Option 3.  6-month membership plan. The client pays $150 for 6 months worth of unlimited babysitter bookings.

All parties are noted and agree that the Service fee remains valid where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory.

MONTHLY AND HALF-YEAR MEMBERSHIP PLANS. RIGHTS AND OBLIGATIONS. INQUIRIES AND TERMINATION.

The following rules shall apply for a Client’s purchasing of a monthly or half-year subscription: - The Client’s billing cycle starts at the time of submission of a valid Purchase upon Checkout, -Membership fees are to be billed through authorized third-party agents (billing companies). The authorized third-party agents will not use your billing credentials in any other way than the purpose of billing for your membership plan or booking fee. For more information, please see our Privacy Policy., - Membership plans are to be used PERSONALLY, in order acquire Child care services. One may not: - lend, -bequeath, -gift or give, - transfer a service to another party.

Upon paying for a membership fee via the Service, the Client undertakes to conclude all bookings utilizing the Service. Private approaches to Childcare providers are not permitted without the express consent of the Service. If a Client is found, by means of reports or private inquiries undertaken by the Service, to be making or has made offers of childcare retainer, employment or service providing to a Child carer beyond the scope of the Service’s protocols (i.e. outside the scope of the Service itself), the Client’s membership on the Service will be terminated without any previous notice whatsoever. Refunds or reimbursements of any kind will not be made, and no further bookings from the specific Client can be made. However, in the scope of paid services via the Service, the rights and obligations of the Client and Care provider are to remain. If The Client is to be held liable in damages towards Nest Kids and Co. to compensate the Service in respect of all past, present or future losses caused by the Client.

If a Client wishes to extend a long-term employment contract towards a specific Child Carer introduced throughout the Service, the Service should be noticed in advance. If such an agreement is to be made, the Service is to retain 3 per cent of revenues annually, arising from every long-term employment of this Service’s Child Carers working in any type of paid long-term relationship with a Client.  A minimum price of $450 is to be charged, in case that the percentage of annual revenues are less than $450.

The Service reserves the right, but not the obligation, to initiate personal inquiries of potential abuse and/or misbehaviour personally or upon filed reports or complains regarding any User activity on the Service. Any investigation or inquiry will be at the sole discretion of the Service and will include any steps that the Service finds appropriate. Please note that these steps may include disclosing User conduct to one or more parties, such as, but not limited to: local or state authorities. Sanctioned under New Zealand law, the Service will treat any breach of misbehaviour as it sees fit.

Nest kids and Co reserves the right to terminate any membership either when the current paid membership expires or by immediate dismissal due to misconduct, it is by the discretion of Nest Kids and Co to provide a refund for the remaining days left of the paid membership. Please note that reservations, bookings or long-term employment contracts are to survive the termination of User accounts.

GIFT VOUCHERS.

Gift vouchers can be used to pay for Babysitting services in replacement of regular payments. At the end of the job you will provide your Child carer with the gift voucher’s unique code. You will need to text this code and the amount owing to 021 0242 4590 with your full name and confirm the amount payable to your Child carer. Nest Kids and Co will transfer the money into the Child carer’s account once both parties confirm the amount a Client owes for the Service provided by the carer. Any remaining funds will be sent to you in the form of another code through e-mail, to be used for another Child carer Service facilitated by Nest Kids and Co. In the case a voucher does not cover the full amount, Clients are responsible to pay the remainder of the funds via direct payment by hand or via online banking.

CONDITIONS OF ELIGIBILITY.

By requesting to use, registering to use and/or using the Site you represent and warrant that: - The information you provide at all times is to be true, accurate and non-misleading, - You will act in good faith in all dealings with the Service, - You acknowledge the status of the Service as an agent in helping you find the best Child Carer according to your preferences, - Clients, as well as every members of the Client’s family household have never been convicted of any felony or criminal offense more closely described in the following subsection.

References given by Child carers are more often than not verified with the referees verbally as Nest kids and Co believes referees give a more full, frank and candid picture in discussion than they would if asked to provide information in writing.  For this reason Nest kids and Co cannot normally provide copies of written references.

CRIMINAL HISTORY

You and each member of your household have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any relevant state entity.

LIMITATION OF LIABILITY

You hereby agree to INDEMNIFY and hold the Service, it’s Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the the Service’s Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement. The service is further not to be held liable or responsible in any way or manner whatsoever, arising from the Child carer’s acts or omissions. In case damage is accidentally caused during a booking, the client is solely responsible for the loss or damage, and will have to cover it personally. The final decision of hiring a Child Carer is to be at sole discretion of the Client, and thus it is the Client’s sole responsibility. The Service will not accept any liability whatsoever, for any kind of inconvenience, loss or damage arising from or caused by, directly or indirectly, an act or omission of a Child carer candidate introduced to the Client by the Service. The Service will accept no liability or any type of responsibility whatsoever for any type of accident, injury, loss, damage or misconduct caused or sustained by neither the Child Carer or the Client, or any relevant third party in the relationship therein. By booking a Child Caring service via Nest kids & Co, or any other conclusive means or manners of expressing consent to these documents, the Client understands and agrees to follow the aforementioned terms. The client further indemnifies and agrees to not hold the Service liable for any loss, damage, default or harm caused outside its scope of service.

The Service is not to be held responsible for any loss or damage suffered as a result of the Child Carer failing to keep the appointment.

NO WARRANTY
No warranty is offered in respect of the suitability, honesty, capability or character of any Candidate introduced by the Agency and employed by the Client. Candidates are not the employees of the Agency. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.  

COMMUNICATION BETWEEN PARTIES.

The Client is solely responsible for ensuring the Child carer clearly understands any special needs of the Client's children.

Clients accept that the Service may communicate with them by email, text message or phone in relation to any matter concerning childcare bookings or reservations made by the Client. Clients further Accept that the Service will occasionally send them updates and news about new services offered through Nest kids and Co. Apart from in the course of arranging your childcare provision Nest kids and Co will keep your email address, phone number and other personal data confidential at all times.

CHILD CARER SUBSTITUTES.

In the event that a Child carer is already booked/reserved, or is in default, as well as other reasons beyond the Service’s scope of control, the Service will use its best endeavours to find another Child carer for the Client (thereinafter referred to as: substitute). In the unlikely event of failure to find such a substitute, a refund of a proportion of a client’s subscription plan or an extension of the membership is to be offered to the client.

 

CONTINUITY. INTER-TEMPORALITY

These Terms of Service along with all the supplemental documents and notices, constitute a single, legally binding agreement between you and the Service, and produce legal effect from their date of issue. Every older version of these documents is superseded with the issuing of a renewed version. Change of these terms is subject to your further notification. If subscription plans change, you will be notified in a clearly visible and appropriate manner. Any bookings, reservations or long-term employment contracts formed between users via this Service are to remain in effect even in the event of termination of User accounts. Nest kids and Co RESERVES the right to transfer your personal information, which are, once stored in Nest kids and Co’s servers, in ownership of the Service. In the event that Nest kids and Co goes through a business transition (merger, acquisition, sale of assets etc.), your personal information will likely be among the assets transferred. You will be notified via e-mail of any such change of ownership of your personal information.

 

SEVERABILITY. INTERPRETATION GUIDELINES.

These Terms of Service along with all the supplemental documents and notices, constitute a single, legally binding agreement between you and the Service, and produce legal effect from their date of issue. Every older version of these documents is superseded with the issuing of a renewed version. Change of these terms is subject to your further notification. If subscription plans change, you will be notified in a clearly visible and appropriate manner.

 

JURISDICTION.

If any provision of these Terms is, or is to be found by an appropriate authority, unenforceable under New Zealand law, that will not affect the enforceability of any other provisions of these Terms. These Terms are written in compliance with New Zealand law and international standards. Any breach these Terms, the General Terms of Service or any Contract you sign, and therefore are obliged to execute will be handled appropriately. Notifications of breach, Mediation and Arbitration are the preferred ways of dealing with these breaches. Note that “appropriate treatment” does not exclude bringing up actions against individuals or groups involved in such breach. Court actions will be subject to jurisdiction of appropriate courts under New Zealand law.

DISPUTE-RESOLUTION.

The Parties agree that any controversies and disputes will be solved in a manner deemed appropriate by all parties, giving priority to Negotiations, Mediation and/or Arbitration. This Agreement and the interpretation of its terms shall be governed by and construed in accordance with New Zealand law, and will be in the exclusive jurisdiction of appropriate New Zealand Courts.

 

This is an agreement between Nest Kids and Co. and the Child Carers which have been authorised by Nest Kids and Co. to be displayed as possible service providers for third-party clients, utilising Nest Kids and Co.’s Service. These Terms are to govern the behaviour in or out of the workplace which is to be provided you by the third-party clients, and is meant to be a guidance in the Child Carers’ preparation for the relevant safety and precaution measures which are NECESSARY for the work at hand.

All Nest Kids and Co. users are to primarily abide by the General Terms of Service and other auxiliary documents.

Nest kids and Co (thereinafter referred to as: “Company”) is, by all objective standards, a legitimate and legally bound private entity, owned and operated by a responsible administrative team, established under the applicable law of New Zealand. Nest kids and Co.’s Website is to be referred to as: “Service” or “Website”

Child Carers (thereinafter referred to as: “Child Carers”, or “You”) are a specific group of authorized individuals to be featured on the Website for third-party clients to choose as per their respective specifications.

Please note that both Nannies and Babysitters fall into the category of Child Carers, but there is a difference between the two positions. In case this document references Child Carers, it is meant to be valid for both Nannies and Babysitters. If a specific group of Child Carer has been mentioned, the provisions shall apply only to this specific group.

Third Party Clients (thereinafter referred to as: “Clients” or “Parent(s)”) are a group of Users utilising Nest kids and Co.’s Service in order to conclude a contract between them and a Specific Child Carer.

Disclaimer: The Service does not, in any way, stipulate or have a direct hand in the stipulation of the contract between the Child Carers and Clients. Child Carers have their own set of rights and obligations towards and from the Service, under which both relevant parties abide by, as set out in the Terms of Service and other documents. 

 

 

CHILD CARERS’ TERMS OF SERVICE

Effective as of: 1st October 2016

By acquiring an appropriate authorisation, you are hereby bound by the terms as an authorised Child Carer.

Legitimisation of Work

 

You hereby state that You and each member of your household have/has never been convicted of, or is/are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and (b) have/has not been and are/is not currently required to register as a sex offender with any relevant state entity.

Child Carers’ Work

Once Child Carers have accepted a work position assignment, it is their responsibility to provide the service as specified according to the formed contract between the Child Carer and the Client, as well as under the provisions of this Agreement.

 

Our Service does not employ Child Carers, but is rather a facilitating agency for Child Carers to find appropriate work. We do not, in any manner possible, have anything to do with the specific Child Carers’ tax or insurance obligations. Child Carers are to pay their own tax as prescribed by the relevant New Zealand Law. For more information about these responsibilities visit www.ird.govt.nz

We as a Service do not offer any type of paid insurance, and we highly recommend Child Carers to have all proper insurances paid for.

To work as an authorised Child Carer, you are to be able to legally work in the New Zealand jurisdiction (i.e. reach a sufficient age, have all permits and document as required by New Zealand Law or have a work permit or permanent residency  if you are a foreigner working in New Zealand). If you, by any manner possible, lose your ability to legally work (without limitation to loss of legal capacity), the Service will terminate any contract it has with you, with or without previous notice.

The Service reserves the right, but not the obligation to check records of the authorised Child Carers. We do our best to check every authorised Child Carer, but will not take any liability whatsoever if an authorised Child Carer has presented false or out-of-date documents to the Clients.

The Child Carers are to abide by the Terms set out in this Contract, as a specific document governing their rights and obligations, as well as every other Contract willingly or conclusively entered into between the Child Carer and the Service.

An authorised Nanny is to immediately inform the Service once the Nanny had been accepted for a job by a potential client, whether with or without an interview. You are to include the name of the Agency which has facilitated formation of contract between you and the potential Client, as well as the specifics of the interview made between you and the Clients (if such an interview existed).

Please note that the service is not a permanent employer, but rather a facilitating service to help Child Carers find appropriate work positions.

Exclusivity

As an Agency Child Carer you are not to make private bookings with an Agency Client. All bookings are to be made through Nest Kids and Co website, or via your recruitment consultant. If we discover you have been working for a client outside of our booking services introduced to you through Nest Kids and Co you will be immediately removed from our agency and both you and the client will incur fees.

 

Phone Etiquette

Upon assignment to a work position, you are to personally call the Client within 24 hours, within reasonable time of the day (9:00 a.m. – 8:30 p.m.), in order to confirm the assignment by the Agency. Once you make a call, you are to:

Cancellation of Temporary Work

Making a commitment towards a Client through the Service requires fulfilling the commitment and following through all obligations stipulated with the respective Client.

If, by any objective reason, you are not to be able to fulfil the work which has been agreed upon between you and the Client, you are to inform the Service no later than 2 days before the work is due. The Service will try its best to facilitate a replacement Child Carer. Informing your Client personally by telephone is also mandatory: we expect you to explain the cause of the replacement, as well as informing the Client that a replacement Child Carer is to be found for the work at hand by the Service.

Measures of Safety

 

As an authorised Child Carer, you are to abide by the following safety measures before arriving at the place of work:

Reputation

The Service, as a premier Child Care Recruitment Agency is committed on providing top-quality service to the Clients, and you, as an authorised Child Carer are to uphold the reputation with courtesy, at all times. The Service has discretional rights of terminating your authorisation to be included on our Website, which is the source of work facilitations. If we are to receive reports of indecent behaviour, we reserve the right of termination of all agreements entered into with the specific Child Carer.

Work Ethics

All authorised Child Carers should try their best to abide by the following standards:

Please note that the Service has the right, in its sole discretion to terminate any contract with any authorised Child carer in case there have been reports of Child carers breaching the terms set out in the contracts they have concluded between them and the Service.

Work Obligations

Child carers are the primary carers of the child while they are in sole charge of the child/children. They are, by all standards, your responsibility. As such, child carers are expected to be reliable and polite at all times whilst working.

It is strictly forbidden for Child carers to come at the place of work under influence of drugs or alcohol. It is strictly forbidden for Child carers to smoke in or around the premises of the children’s environment. 

Child carers are to exhibit punctuality, professionalism, exceptional hygiene and tidiness. This includes your dress code.

Your mobile phone should be used solely in emergency situations and any private calls and/or messages that should be dealt with while the children are asleep or you are on your break. You are to use your mobile phone solely in the situation that the children are within your eyesight, in a safe place and cannot cause harm to themselves while you are using your mobile phone.

Child carers are to take care of the child/children alone, without presence of any friends, family, partners or third persons while you are assigned to take care of the children. This can only be waived by the express approval of the Clients.

Gift vouchers

You are to be timely informed in advance by the Clients to be paid by Gift vouchers. Gift vouchers can be used to pay for Babysitting and Temporary Nanny services in replacement of regular payments. At the end of the job the Parent will provide you with the gift voucher’s unique code. You will need to text this code and the amount owing to 021 0242 4590 with your full name and confirm the amount payable to the Parents. Nest Kids and Co will transfer the money your account once both parties confirm the amount a Client owes for the Service provided by the child care provider.

Any remaining funds will be send to the Parent in the form of another code through e-mail, to be used for another Child carer Service facilitated by Nest Kids and Co. In the case a voucher does not cover the full amount, Parents are responsible to pay you the remainder of the funds via direct payment by hand or via online banking.

 

Payment methods

 

Payment of the assignment is paid directly by the Client.

 

Clients are given the opportunity to pay directly by Cash or by Online banking system at the end of the assignment or as stipulated between the Child carer and the Client. The Agency is not responsible for any payment disputes between you and the Client

 

You are required to provide your Personal bank account details so Clients can conveniently have the option to pay you via an online banking payment system at the end of a work for urgent Child Carer works, Temporary, Part-time or Permanent employment contracts, as set out in these specific agreements you make between the Clients and Yourself.  

 

On-call Child Carers

 

Our Service provides the option of Child carers being “on call” for temporary Child Carer jobs during weekdays. We will offer our Child Carers to babysit anytime during weekends and can start their babysitting assignment as early as 4:30 during weekdays.

 

Safety checks. Administrative fees.

In order to access an authorised profile from the Service, every Child Carer needs to have cleared the Background/Safety checks. Once the safety checks and interviews were passed, you will be asked to pay $25 per profile/ background check administrative fee per annum. This cost is to cover your interview and Identity verification, Police vetting, referee, employment history and qualification check costs. If these checks clear we will provide you with a safety badge and a profile. If the check does not clear and/or we do not feel that you will be suited for the role we reserve the right to decline your application for a profile on our site, you will not be charged the profile administrative fee in this case.

 

Discretional rights

Any breach of these Terms or any Agreement expressly or conclusively agreed upon between you and the Service gives the Service the right of termination of all agreements formed, as well as erasure from our database. Already made bookings are not affected by the termination of contract, as they are a part of a mutual agreement between you and the Client. The obligation of paying service fees to Nest Kids and Co. for already made bookings before the contract had been terminated is to survive the termination of contract due to breach of agreement.

 

Interpretation

This agreement is not to be interpreted in favour of a weaker party, as the Service firmly believes that there is no such weaker party. All contracts stipulated with the Service and the Clients are formed with high bargaining powers of the Child Carers, and the provisions stated in the General Terms of Service, Child Carers’ Terms of Service and possible contracts are the bare minimum which needs to be upheld in order to comply with all safety and etiquette measures appropriate to the service which is to be offered by the Child Carers.

 

Jurisdiction

These Terms have been made in accordance with the applicable New Zealand Law. Every dispute between the affected parties is to be resolved in a way excluding court proceedings, primarily throughout mediation as recognised under New Zealand Law.

 

 

 

Copyright © 2016 the Service.COM. All rights reserved.

 

 

FAMILY + NEST KIDS

TERMS FOR NANNY PLACEMENT

 

By engaging with Nest kids and Co. (there in after referred to: The Agency), you hereby agree to the Terms and Conditions set out bellow.

 

I. FEES

 

         1.1. Nest Kids and Co. Placement Fee

                  

The Family agrees to pay the Agency fee, which is 3% of the Nanny’s annual income.

In the case that the annual income Agency fee is lower than $450 (understandably for Nannies which have a weekly schedule for a period longer than 3 months), a minimum amount of $450 is to be paid to the Agency.

The daily booking fee (minimum of 3 hours per day) is $25, if there is no employment exceeding a period of 3 months. The type of placement will further define the fee.

 

If a Nanny Employment exceeds 3 months, the Agency offers a replacement guarantee within 6 weeks from the commencement date of employment.

 

1.2. Nest Kids & Co PAYMENTS

Full payment is made upon confirming the booking

Full payment can also be made via automatic weekly payments over a max. Period of 3 months – upon previous agreement with the Agency.

 

Agency fees are to be calculated based on the original booking days and hours.

 

         1.3. CANCELLATION FEE

 

A cancellation fee of $18 per day will apply to all bookings cancelled once a Nanny has been confirmed for the work by the Agency

All cancellations which occur once the Nanny has arrived at the placement, are subject to the 3 hour minimum payment, which is to be taken from the time that they were due to commence with the booked work, along with the cancellation fee.

 

This does not apply for permanent placements.

 

 

II. PAYROLL, TAX and NANNY PAYMENTS

 

2.1. Limitation of liability. Payroll assistance

Nest kids and Co. operates as an Introduction Agency. We are not to be liable for any wage or tax matter management, as we do not employ the Child careers (Nannies). Families pay the Nannies directly.

We may connect you to a professional external payroll service provider if you need payroll assistance.

            2.2. Casual bookings

For Casual / Temporary bookings the nanny is to be paid direct by you upon completion of the care, or weekly if the care is longer than one week in duration.

 

When employing a temporary nanny they are a contract worker. They are to be paid the full gross amount and ACC and tax are their own responsibility.

 

When employing a long term temporary or permanent nanny, the nannies are put forward at an employee’s hourly rate. Therefore sick pay, holiday pay, ACC employer’s levies and Kiwi Saver employer contributions are not included. Should you wish to pay your nanny as a contractor you will need to factor these aspects on top of the hourly rate we quote when putting the nanny forward for your consideration.

 

III. CONTRACTS FOR LONG TERM PLACEMENTS

 

When employing a nanny the agency will provide you with an outline of a tailored employment contract for completion. You may choose to use this or provide your own.

 

 

 

IV. CONTACT WITH NANNIES AND BABYSITTERS

Nest Kids nannies and babysitters are to be contracted exclusively through the Agency. Any Nanny found to be arranging work after the Agency has introduced them to a client will be terminated from qualifying on our Service. If a client is found to have contracted a Nest Kids Nanny or Babysitter without notifying the Agency, they will be liable for the applicable Agency Engagement Fee/s.

 

V. CONTACT

 

If you have any queries or questions regarding the terms and conditions, please do not hesitate to speak to your Nest Kids & Co Consultant.

 

 

TERMS AND CONDITIONS

 

 

These terms and conditions shall represent a legally binding contract between the Client or Employer (the "Client") and the Nest Kids & Co nanny agency (the "Agency"). The verbal or written instruction by the Client to the Agency to submit suitable Candidates for contact or interview shall constitute acceptance by the Client of these terms and conditions. The term "Candidate" means a person introduced by the Agency.

 

2. Fees

a) Fees are payable by the Client upon acceptance, oral or written. It is the Client’s sole responsibility to notify the Agency if a Candidate has been offered employment. All the Agency’s full placement fees are to be paid prior to the nanny commencing work, or via automatic weekly payments over a maximum period of 3 months by prior arrangement with Nest Kids.  NEST KIDS & CO holds the right not to dispatch a temporary part-time or full-time Nanny if the agency fee has not been paid before the Nanny’s start date if an automatic payment plan is not in place.
The full fees, at current rates of the Agency's charges are payable within 5 working days from the date of the invoice submitted by the Agency. The Agency reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period. If the account remains unpaid, it will be passed on to a debt collection agency. The client is liable for all collection costs incurred.

 

b) Fees are due in respect of each Candidate taking up a position with the Client or as otherwise set out herein. If a Candidate returns to a Client at a future date or if a temporary or part-time engagement is extended then the appropriate additional fee shall become payable. In the case of a Candidate returning to a Client, this fee shall be the current full fee chargeable by the Agency for the relevant position, and in the case of a temporary or part-time engagement being extended, the fee shall amount in the difference between the real fee charged and the fee that would have been charged if the Candidate had been engaged for the whole period. The Client agrees to notify the Agency of a re-engagement or extension of a temporary engagement.

 

c) Agency fees are calculated based on the hours of the position when the job is listed with us. No refund or reduction from the Agency's current rate will be given if the number of weeks is subsequently reduced. The rate is GST exclusive. If a temporary period is subsequently extended then paragraph 2(b) above will apply.

 

d) Once a nanny has been confirmed by the agency to the client for a booking, and the job is then cancelled, a cancellation fee applies.

 

3. Confidential Information

 

All communication, whether written or oral, by any means of communication whatsoever shall remain confidential between both parties. Should the Client ever pass on any information, including inter alia: details of the Nanny Candidates to a third party, resulting in a booking of permanent temporary or part time childcare employment then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.

 

4. Introduction by Third Parties

 

The Client is to immediately inform the Agency when a Candidate is introduced by the Agency who has already been introduced by a third party. If the Client does not so inform the Agency then it will be presumed that the introduction has been effected by the Agency and the relevant fee will become payable immediately. If the client is to receive a Nanny Profile more than one source, the client is required to honor the first source that has sent the nannies information.

 

5. Liability

 

The Agency does it’s best to provide the Client with only the most suitable Candidates. The Agency endeavors to validate all backgrounds accessible of the Candidates. We cannot guarantee, and therefore cannot be liable if any of the information provides to be incorrect. The Agency conducts its background checks by means of accessing relevant databases, direct or indirect interviews and ensure that nannies hold first aid certificates, are legally checked and vetted by relevant state authorities.

Even if our Agency endeavors to bring you the best Candidates suitable for the work you are seeking, we cannot guarantee the 100% accuracy of the information we collect. We also cannot guarantee that the information given to us by the Candidates is completely true, accurate and non-misleading If you have any concerns, please contact us immediately.

The final decision on hiring a Candidate is at your own sole discretion, and therefore responsibility. The Agency cannot and will not be held liable for any kind of inconvenience, loss or damage whatsoever arising or caused by, directly or indirectly, from an act or omission of a Candidate introduced by the Agency. The agency accepts no liability or responsibility for accident, injury, loss, damage or misconduct sustained by nanny or babysitter, clients or any other persons and by employing a nanny or booking a babysitter through Nest kids & Co. The Client agrees to exclude the agency should any mishap occur.
No warranty is offered in respect of the suitability, honesty, capability or character of any Candidate introduced by the Agency and employed by the Client. Candidates are not the employees of the Agency. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.  

 

6. The Nest Kids 6 week Free Replacement Guarantee

If a Candidate who has been confirmed as a part time or full time permanent placement with the Client either does not start employment or leaves within 6 weeks of starting employment with the Client then one free replacement will be provided, subject to the following conditions:

 

  1. The Agency is informed by the Client within 2 days of the termination of the employment
  2. The relevant fee has been settled in full within 14 days of the date of invoice and in any case prior to commencement of the position
  3. The booking has not been cancelled by the Candidate because of unreasonable demands by the Client; or unreasonable working conditions;  or a change in the job description; or a change in location; or a breach of the employment contract (whether signed or not) or employment regulations (including pay) change of mind or if Nest Kids & Co believes the nanny has been mistreated in any way and;
  4. The Client is still intending to employ a Child carer and Nest Kids & Co is given 3 weeks to find a suitable replacement - no other agency or source to be used during this time by the client.
  5. Placement is deemed satisfactory after 6 weeks – after this time frame no refund will be given.
     

Once one free replacement has been found, there are no further refunds or replacements. In the event that a free replacement cannot be found, the Agency at its discretion may refund the Client the following percentage of the original fee: • If the Candidate leaves within the first 2 weeks: 75% • If the Candidate leaves after 2 weeks but before the end of her 4th week: 50% • If the Candidate leaves after 4 weeks but before the end of her 6th week: 25%

 

 

In the event of dispute between the Client and the Agency regarding the payment of a refund the parties may, at their absolute discretion, refer to the Agency's head office for resolution. You hereby agree that you will try and solve all disputes or controversies arising from the service-providing nature of our business utilizing all methods of alternative-dispute resolution, such as, but not limited to: mediation and arbitration, before proceeding with court actions.

 

The Agency fee is payable immediately when the Client retains the services of the Candidate, even if the Client finds the Candidate’s services unsatisfactory.

 

The agency reserves the right to change the terms and conditions, and will notify the client in writing.