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“It was really scary leaving my baby with a stranger but you made me feel so comfortable with the process and by getting us such a highly qualified nanny- thank you” - Amanda B
Here at the Executive Nanny our team of highly experienced recruitment specialists work with you to source the best child care professional to match your families unique needs, so that you can rest assured your child is being given the special care, safety and attention they deserve.
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Client Terms and Conditions
These terms and conditions apply to the Agreement between us The Executive Nanny in which we agree to provide services, recommendation, assistance and information to you (the Client) directly. By contacting the Executive Nanny via the form above or by registering for The Executive Nannies services on our website www.theexecutivenanny.com.au/families or www.theexecutivenanny.com.au/contacctus or instructing us to provide you services you agree to be bound by these terms and conditions.
1. Services
1.1 We will provide nannies, housekeepers, house managers, maternity nurses, personal chefs, (“Staff Member”) and other specialised services to you as specified by you and agreed between us from time to time.
1.2 You will specify to the Agency what Staff Member you require in writing or orally and we will then agree with the detailed requirements and costs involved as soon as possible. We will then confirm our agreement in writing.
1.3 The Executive Nanny will provide the Staff Member to you, and attempt to satisfy any other services you may request to us.
1.4 The Executive Nanny undertakes to:
(a) take reasonable care in the selection of your Staff Members;
(b) ensure the Staff Members are properly qualified to perform the tasks allocated to them and requested by the Client;
(c) contact references in relation of each Staff Member used in the course of performing the services for you, prior to you engaging the Staff Member
2. Client obligations
2.1 You agree by that all bookings must be made via The Executive Nanny and that under no circumstances are bookings to be made directly with any Staff Member.
2.2 You agree that you will pay any Staff Member directly at the end of each day, week or month whichever is applicable and agreed to.
2.3 You agree that The Executive Nanny requires each Staff Member to be in an occupationally safe environment and to ensure that you comply with all applicable occupational health and safety laws.
2.4 Where The Executive Nanny (in discretion) believes feedback is of a concerning nature or that there is sufficient negative feedback regarding the Client, then The Executive Nanny will refrain from referring further Staff Members to you.
2.5 You agree to pay any petrol costs if your Staff Member is using a car for work purposes and within work times.
2.6 You agree to notify The Executive Nanny immediately if a Staff Member has been introduced via a third party including but not limited to another agency, website or advertisement.
2.7 You acknowledge and agree that once you offer employment to any Staff Member, a placement fee will apply.
2.8 You agree that the Staff Member must be employed by you as the Client.
2.9 You agree that you are responsible for the following:
(a) abiding by all the statutory obligations for employing a staff member;
(b) full time, casual or part-time income tax payments (where applicable);
(c) workers compensation payments (where applicable);
(d) superannuation contributions (where applicable); and
(e) The Executive Nanny cannot be held liable for any medical fee's or any other costs or loss of staff associated with staff contracting
3. Fees and Trial Period
3.1 You acknowledge and agree that all fees for bookings and placements:
(a) Are payable in Australian Dollars;
(b) Are non-refundable if you cancel the booking within 7 days of a Staff Member’s Start Date;
(c) Must be paid in full by the Staff Members Start Date. No extensions will be given
(d) If the placement fee is not paid, the Staff Member may be referred to other clients and legal action may be taken.
3.2 The Executive Nanny will send an invoice via e-mail with payment due and holds the right to not dispatch any Staff Member if the agency fee has not been paid via online credit card, PayPal or direct transfer.
3.3 Temporary placements up to 4 weeks will attract a one-off fee with no trial period or refund policy applicable
3.4 A placement is deemed satisfactory after 14 days of the Staff Member's start date, after this time frame no refund will be given.
3.5 We offer one free replacement of any staff within the first 14 days if deemed unsuccessful
4. Cancellation Policy
4.1 The Executive Nanny cannot be held responsible for any cancellations or no-shows of any Staff Member. This includes if a staff member cannot work due to contracting Covid 19
4.2 If you chose to cancel the placement of a Staff Member within 7 days of their scheduled start date, no refund will be given.
4.3 The Executive Nanny reserves our right to immediately cancel any agreed service if the Staff Member has been working in an unsafe environment, mistreated, or is harmed in any way.
5. Refunds & Guarantee
5.1 The Executive Nanny has a no refund policy.
5.2 While The Executive Nanny will use all reasonable endeavours to place the Staff Member requested for each Client it does not guarantee this will always be possible.
5.3 We only offer ONE replacement within the first 14-day trial period.
6. Privacy
Your details are subject to The Executive Nannies privacy policy, incorporated into these terms and conditions by reference and set out on our website. These apply at all times in relation to any data that The Executive Nanny collects from you.
7. Confidentiality
7.1 Each party agrees to treat any information as confidential, other than information already in the public domain, which comes into their possession as a result of or in the performance of this agreement, including but not limited to information that relates to the goods or services being provided by The Executive Nanny. Either party’s business or personal information or the clientele of a party.
7.2 This clause 6 will survive termination of these terms and conditions.
8. Termination
Either party may terminate access to services for convenience by providing the other with 30 days notice of termination. You agree that no refund will be given
9. Limitation of Liability
9.1 Nothing in these terms and conditions will limit or exclude The Executive Nannies liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by Competition and Consumer Act 2010 (Cth).
9.2 Subject to clause 10.1:
(a) The Executive Nanny shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use, loss or corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, whether or not you have been advised of the possibility of such damage arising under or in connection with your use of The Executive Nannies Staff Members and/or services; and
(b) The Executive Nannies total liability to you in respect of all other losses arising under or in connection with your use of The Executive Nannies Staff Members and/or services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the fees paid by you in any year.
9.4 The Executive Nanny has no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival.
9.3 The Executive Nanny shall not be liable to you or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of The Executive Nannies obligations in relation to the Services, if the delay or failure was due to any cause beyond The Executive Nannies reasonable control.
9.4 Except as expressly set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions.
9.5 This clause 10 will survive termination of these terms and conditions.
10. Dispute Resolution
10. 1 The parties agree to use their best efforts to resolve all disputes that may arise under these terms and conditions through good faith negotiations. No party shall commence litigation unless it has first invited the other party to meet for the purpose of resolving the dispute on mutually acceptable terms.
10. 2 Any dispute arising under these terms and conditions which cannot be settled by negotiation between the parties or their respective representatives will be referred to mediation. If the parties cannot agree on their choice of mediator a mediator will be appointed by the Law Society of NSW who will select a mediator for them.
11. General
11.1 Interpretation
In these terms and conditions, the following rules of interpretation apply:
headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these terms and conditions;
the singular includes the plural and vice-versa;
a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
11.2 Notifications
The Executive Nanny may provide any notification for the purposes of these terms and conditions by email.
11.3 Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these terms and conditions without The Executive Nannies prior written consent. The Executive Nanny may assign, transfer or sub-contract any of its rights or obligations under these terms and conditions at any time without notice to you.
11.4 No waiver
Waiver of any power or right under these terms and conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by The Executive Nanny to act with respect to a breach by you or others does not waive The Executive Nannies right to act with respect to that breach or any subsequent or similar breaches.
11.5 Severability
The provisions of these terms and conditions are severable and, if any provision of these terms and conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
11.6 Variation
The Executive Nanny reserves the right to amend these terms and conditions and any other policy in relation to its services at any time in its sole discretion and any such changes will unless otherwise noted, be effective immediately. Your continued usage of our services will mean you accept those amendments.
11.7 Governing law and jurisdiction
These terms and conditions will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them