Terms and Conditions - Waiheke Nannies

Definitions
1. Agency: Waiheke Nannies
2. Client: A person seeking to find an Employee using the services of the Agency
3. Employee: A person seeking employment with a Client using the services of the Agency
4. Third Parties: Any person not directly engaged in business with the Agency
5. Agency Fees: Fees due to the Agency from the Client
The Client Agrees
1. That if an Employee introduced by the Agency is interviewed by the Client this constitutes acceptance of these terms, conditions and fees.
2. To notify the Agency if an Employee introduced through the Agency has been offered employment by the Client.
3. Confirmation of employment occurs when if the Client communicates to the Agency through verbal, electronic or written means, that they wish to employ an Employee introduced by the Agency.
Agency Fees
1. Invoices for payment will be sent upon confirmation of employment.
2. The Agency reserves the right to withhold the start date of any position if the invoice has not been settled within the 14-day payment period.
3. A temporary placement through Waiheke Nannies is a placement that does not exceed twenty-three weeks in duration. If an employee is required to work for more than twenty-three weeks, the placement will be as a permanent position and will be charged for accordingly.
4. Agency fees are as follows:
  Permanent Placement Fee (6 months or more):
  Equivalent of 1.5 of nanny’s gross weekly income (minimum of $200)
  
  Please note: a discount on Permanent placement fees of $25-$150 is offered when a client registers for childcare subsidy offered through our partner educational service.
  
  Temporary Placement Fees:
  Per day: $25
  Per week for 1-2 weeks: $60
  Per week for 3-6 weeks: $50
  Per week for 7-23 weeks: $40
  (Up to a maximum of nanny’s gross weekly income)
  
  (Please note: Summer Surcharge may be applicable for weekly bookings between December and March)
  
  Au Pair Placement Fee:
  Equivalent of 2 weeks of au pair’s gross income
  
  Evening Babysitting:
  After 6pm: $25 and $30 if after midnight
  5-evening booklet (used within 12 months): $90
  10-evening concession (used within 12 months): $130
  Annual fee (unlimited babysitter bookings for 12 months): $200
5. Should the agency be unable to fulfil a booking for a babysitter to an annual subscriber, or should the booking not be fulfilled by the babysitter arranged, provided two working days notice has been given, the client will receive an additional one-week membership at the end of the annual subscription.
Payment
1. The Agency’s account must be paid in full within fourteen days of the date of the invoice AND before the nanny’s start date.
2. Payment can be made by Cash, Online Banking or Cheque made out to Waiheke Nannies.
3. If the payment is settled in accordance with clause 4.1 the Client will qualify for the guarantee referred to in clause 7.
Late Payment
1. The Agency reserves the right to charge the Client $10 uplift per week on the agreed Agency Fee on all accounts not settled within fourteen days of the date of the invoice AND before the nanny’s start date. Unpaid accounts will incur all collection costs.
Cancellations of Employment
1. In the case of an Employee cancelling the employment before the Employee has started work, a full refund will be given to the Client.
2. In the case of a Client cancelling the employment before the Employee has started work, the Agency will charge the Client 25% of the applicable agency fees, with a minimum of $65.
3. In the case of a Client cancelling the employment or altering the terms of employment after the Employee has started work, the full placement fee will be payable.
Guarantee
1. The Guarantee will only be applicable to invoices settled within the 14 day payment period AND before the nanny’s start date.
2. Once the placement has commenced employment refunds will be payable to the Client according to the time periods set out below:
  0-14 days 100% refund less a $65 administration fee
  15-28 days 80% refund of total amount paid
  29-42 days 60% refund of total amount paid
  43-56 days 40% refund of total amount paid
3. Refunds will only be payable to the Client if the employment has been terminated due to the unsuitability of the Employee to the position, or if the Nanny leaves (unless as a result of unreasonable conditions).
4. The Agency will provide other introductions at no additional cost. If no suitable replacement is available within 2 weeks of the Agency being given notice, the Client will be refunded per the periods above.
5. Refunds will only be payable to the Client if the Client has informed the Agency in writing of the fact within seven days of the date the employment was terminated or Nanny left.
6. A booking is deemed satisfactory after 56 days and thereafter no refund will be payable.
7. Nannies are guaranteed for permanent positions only.
Liability
1. The Agency is an introduction and booking agency only – Employees are not directly or indirectly employees of the Agency.
2. Employees are always employed by the Client, except where the Employee elects to be self-employed. The final decision on the suitability of the Employee is the sole responsibility of the Client.
3. Whilst the Agency makes every reasonable effort to ensure the suitability of Employees, we cannot be held responsible for any loss, damage or personal injury resulting from the Agency’s introduction.
Confidentiality
1. All introductions made by Waiheke Nannies are confidential.
2. Clients introducing Nannies to Third Parties will be liable for the payment of our Agency Fees as if the Agency had made the introduction, and these Terms and Conditions shall apply accordingly.
General
1. The Agency reserves the right to change these Terms and Conditions of Business without prior notification.

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