Please note, the Terms and Conditions listed below are the legal words behind how our fee structure works. If your preschool child(ren) is/are enrolled in our education programme and you stay with The Nanny Company for longer than 3 months there will be no ‘recruitment fee’.  The details of the programme and guidelines are highlighted here.

If you do not follow the Ministry of Education guidelines, or wish to use the nanny sent by The Nanny Company outside of the education service, and within the three month period there will be a recruitment fee applied as described in clause 6 below.

 

1.               INTERPRETATION:

1.1            In these terms of trade (Terms) and any contract to which the Terms apply, unless the context otherwise requires:

1.1.1       Client means the person/family/employer who approaches The Nanny Company and requests the Services;

1.1.2       Contract means a contract for the supply of Services by The Nanny Company to the Client, comprised of these Terms;

1.1.3       Fee means the fee payable by the Client to The Nanny Company pursuant to clause 5 of these Terms;

1.1.4       Full Time Nanny means a childcare professional registered with The Nanny Company and able to be engaged by a Client for 30 or more hours per week;

1.1.5       Nanny means either a Full Time Nanny or a Part Time Nanny, as applicable and Nannies shall have a consistent meaning;

1.1.6       Part Time Nanny means a childcare professional registered with The Nanny Company and able to be engaged by a Client for up to but not more than 29 hours per week;

1.1.7       Services means the services supplied by The Nanny Company to the Client, including the introduction of Nannies to Clients;

1.1.8       The Nanny Company means The Nanny Company Limited; and

1.1.9       The Nanny Company Education Programme means an additional programme in which the Client’s pre-school aged children may be enrolled, upon the Client completing the appropriate form(s), agreeing to the enrolment conditions and complying with the legislative requirements of the Education (Early Childhood Services) Regulations 2008 and its amendments, from time to time.

1.2            Unless varied in accordance with these Terms, these Terms will apply to every supply of Services and no other Terms will apply.

1.3            In the event of any conflict arising between these Terms and any Contract, these Terms will prevail.

 

2.               FORMATION OF CONTRACT:

2.1            No Contract shall come into existence until the Client has accepted these Terms.

2.2            The Client shall be deemed to have unequivocally accepted these Terms upon the Client:

2.2.1       by responding “YES” to an electronic communication from The Nanny Company, requires the Client to confirm acceptance of The Nanny Company’s terms and conditions; or

2.2.2       engaging or re-engaging a Nanny without direct contact with The Nanny Company.

2.3            The Nanny Company cannot accept any instructions, written or oral, until The Nanny Company has received an electronic communication from the Client responding “YES”, confirming acceptance of The Nanny Company’s terms and conditions.

 

3.               SERVICES:

3.1            The Nanny Company acts as an agent for the Client for the purpose of supplying the Services.

3.2            The Client acknowledges that it is the Client’s responsibility to advise The Nanny Company of the Client’s exact requirements by providing The Nanny Company with accurate and complete details in relation to the services the Client requires a Nanny to undertake.

3.3            Using the information and requirements provided by the Client and bearing in mind the availability of the Nannies, The Nanny Company will introduce the Client to one or more Nannies, who may be suitable placements.

3.4            The Client acknowledges that while The Nanny Company makes every reasonable effort to ensure each Nanny is appropriate for its Services including by ensuring that Police-checks are completed, the Client must satisfy him/her/itself/themselves as to the Nanny’s integrity, qualifications, actual suitability and, if relevant, medical condition, and that the decision to engage the Nanny as an employee or independent contractor is solely the Client’s.

3.5            All information provided to Clients, whether written or oral, and including the details of the Nannies, is confidential.

 

4.               RESPONSIBILITIES OF THE CLIENT:

4.1            The Client agrees that he/she/it/they will inform The Nanny Company immediately:

4.1.1       upon engaging or re-engaging the services of a Nanny; and/or

4.1.2       where the Client introduces a Nanny, passes on information concerning a Nanny or knowingly facilities an introduction of a Nanny to a third party within 12 months of being introduced to that Nanny by The Nanny Company, and that introduction results in the Nanny being engaged as either an employee or independent contractor by that third party, and whether that Nanny has been engaged or re-engaged as a Full Time Nanny or a Part Time Nanny.

4.2            The Client acknowledges that it is the responsibility of the Client to immediately inform The Nanny Company when a Nanny is introduced by The Nanny Company who has already been introduced by a third party.  If the Client does not inform The Nanny Company of this within two working days, it will be assumed that the introduction has been effected by The Nanny Company.

4.3            The Nannies are not at any time directly or indirectly employed by The Nanny Company.  It is the Client that will engage a Nanny as an employee or independent contractor, and as such, the Client acknowledges that the Client is solely responsible for abiding by all statutory obligations for employing a Nanny, full time, casual or part time income tax payments, ACC levies, Kiwisaver and any other matters related to the engagement of a Nanny as an employee or independent contractor, as the case may be.

4.4            Where the Nanny may be required to drive, the Client agrees that the Client:

4.4.1       is responsible for ensuring the Nanny has a current driver’s licence suitable for the purpose(s) the Client requires and is familiar with New Zealand roads and road rules;

4.4.2       must exercise his/her/its/their judgement to ensure that the Client is satisfied with the Nanny’s driving skills and acknowledges that The Nanny Company cannot be held accountable for the Nanny’s driving skills or lack thereof; and

4.4.3       is responsible for ensuring any vehicle that the Client wishes the Nanny to drive is roadworthy, fully insured and has a current WOF and Registration at all times and acknowledges that The Nanny Company cannot be held accountable for any parking infringements, traffic offences or insurance claims.

 

5.               THE NANNY COMPANY EDUCATION PROGRAMME

5.1            The Client may enrol their pre-school aged children in The Nanny Company Education Programme if the Client meets the appropriate criteria, completes the appropriate form(s), agrees to the enrolment conditions and complies with the legislative requirements of the Education (Early Childhood Services) Regulations 2008, as amended from time to time.

5.2            The Client acknowledges that enrolment in The Nanny Company Education Programme is also conditional upon the Client agreeing that The Nanny Company’s visiting teacher may visit the in-home care address of the Client for the purpose of supporting the delivery of The Nanny Company Education Programme.

5.3            If the Client is enrolled with The Nanny Company Education Programme and the Client remains enrolled with The Nanny Company Education Programme:

5.3.1       for 12 or more weeks from the date that the Client begins enrolment in The Nanny Company Education Programme, no Fee is payable;

5.3.2       for less than 12 weeks from the date that the Client begins enrolment in The Nanny Company Education Programme and enters into an agreement with a Nanny, the appropriate Fee, pursuant to clause 6.2, will be payable.

 

6.               FEES AND PAYMENT OBLIGATIONS (applicable if you don’t meet clause 5):

6.1            Fees are quoted in New Zealand currency and exclude GST.

6.2            The Client agrees to pay a non-refundable fee to The Nanny Company for the Services, in the amount of:

6.2.1       $595.00 for a Full Time Nanny; and

6.2.2       $495.00 for a Part Time Nanny,

(Fee) each time the Client engages the services of a Nanny.

6.3            In the event that:

6.3.1       a Client re-engages a Nanny at a future date, the Client must further pay the appropriate Fee  in accordance with clause 6.2;

6.3.2       a Part Time Nanny’s services are extended to those of a Full Time Nanny, the Client must pay the difference between the Fee actually charged at the time the Client engaged the services of the Part Time Nanny and the fee that would have been charged if the Part Time Nanny had been engaged as a Full Time Nanny; and/or

6.3.3       a Full Time Nanny’s services are reduced to those of a Part Time Nanny, no part of the Fee paid by the Client at the time the Client engaged the services of the Full Time Nanny shall be reimbursed.

6.4            If for any reason the Nanny’s services are terminated before or within five days of the services of the Nanny having commenced, The Nanny Company will introduce the Client to one or more further Nannies, who may be suitable placements and will, on the first occasion this occurs only, not charge the Client a further payment of the appropriate Fee.

6.5            Notwithstanding clause 6.3.1, where the Client introduces a Nanny, passes on information concerning a Nanny or knowingly facilities an introduction of a Nanny to a third party within 12 months of being introduced to that Nanny by The Nanny Company, and that introduction results in the Nanny being engaged as either an employee or independent contractor of that third party, the Client shall be liable for the payment of the additional appropriate Fee(s).

6.6            The Nanny Company will issue an invoice upon the Fee becoming payable.  Payment of the invoice by the Client to The Nanny Company is due within five working days of the date of that invoice.

6.7            Late payments will incur a 2% penalty, calculated daily and may be referred to debt collection after a period of 10 days.

6.8            The Client will be liable for all expenses and costs (including legal costs and debt collection costs) in relation to The Nanny Company (or its agent) enforcing or attempting to enforce a Contract or these Terms.

 

7.               NO WARRANTY:

7.1            To the fullest extent permitted by law:

7.1.1       The Nanny Company gives no representation or warranty whatsoever as to the quality of the services of any Nanny, nor any Nanny’s suitability including but not limited to a Nanny’s personality, honesty, reliability, skills and capabilities;

7.1.2       all statutory and implied conditions and warranties are excluded; and

7.1.3       The Nanny Company excludes all liability to the Client or any person claiming through the Client (whether in contract, tort or otherwise) for any loss (including without limitation, loss of profits and consequential loss) expense, compensation, damage, injury or delay of any kind whatsoever arising out of or in connection with its Services, the Contract or any act or omission of any Nanny, even if such an act or omission is negligent or fraudulent or reveals dishonesty.

7.2            The Nanny Company is only liable for damages which have verifiably been caused by the intent or by the gross negligence of The Nanny Company.

 

8.               INDEMNITY

8.1            The Client indemnifies and holds The Nanny Company harmless against all such liabilities, loss, claims, fines, penalties, damages or third party claims (including legal costs) arising out of or in connection with the Contract or any act or omission of any Nanny.

 

9.               DISPUTES

9.1            Mediation: In the event that a dispute of difference between the parties arising out of or in connection with these Terms is not resolved by negotiation between the parties, the matter may be referred to mediation by any party by written notice.

9.2            Arbitration:  If a dispute is not settled under clause 9.1, then the dispute shall be submitted to, and settled by, arbitration by a sole arbitrator in accordance with the provisions of the Arbitration Act 1996 or any Act introduced in substitution of the same. The arbitrator shall be appointed by the parties or failing agreement within five working days after the request to appoint an arbitrator by one party to the other, the arbitrator shall be appointed by the president for the time being of the local branch of the New Zealand Law Society.

 

10.            MISCELLANEOUS

10.1         If any part of these Terms is held to be unenforceable, the part concerned will be deleted or modified to the minimum possible extent necessary so that the remainder of the Terms enforceable will remain in force.

10.2         No delay or failure by The Nanny Company to exercise its rights under a Contract operates as a waiver of those rights.

10.3         The Nanny Company reserves the right to decline to provide or to continue to provide the Services to any Client, without notice.

10.4         The Client may not assign or transfer any of its rights or obligations under or in connection with any Contract to any third party without the prior written consent of The Nanny Company.

10.5         The Nanny Company reserves the right to licence or sub-contract all or any part of its rights or obligations under the Contract to any other party or person without the Client’s consent.

10.6         Variations to any Contract must be agreed in writing between the parties and executed by at least one director of The Nanny Company.  The Nanny Company may amend the Terms from time to time by giving the Client notice in writing of such amendments.

10.7         Neither party shall be liable for any delay, alteration or failure to perform its obligations under a Contract where occasioned by any event beyond that party’s reasonable control (Force Majeure) and such party shall be entitled to a reasonable extension of time for the performance of any such obligations.

10.8         The Client will pay all costs and expenses (including legal fees) incurred by The Nanny Company in exercising any of its rights under any Contract.

10.9         The Nanny Company does not sell or rent the Client’s personal information or identification to third parties.

10.10      All Contracts made between The Nanny Company and the Client will be governed by and construed in accordance with the laws of New Zealand and the Client agrees to submit to the non-exclusive jurisdiction of the New Zealand Courts.

 

V.01/13