Terms & Conditions
AUCKLAND BABYSITTING TERMS AND CONDITIONS
The following are the standard terms and conditions of engagement of Auckland Babysitting Limited (“the agency”). Please note that the client shall be deemed to have accepted these terms and conditions immediately upon engaging the agency to provide the services specified.
1.1 In these terms of trade (“terms”) and any contract to which the terms apply, unless the context otherwise specifies:
1.1.1 Agency means Auckland Babysitting Limited;
1.1.2 Babysitter means an individual to be introduced by the agency to the client for the purposes of providing the services specified;
1.1.3 Client means the person who engages the agency and requests the services;
1.1.4 Fee means the fees payable by the client to the agency pursuant to clause 4 of these terms;
1.1.5 Services means babysitting services supplied by the agency and the babysitters from time to time including the introduction of babysitters to the clients;
1.1.6 Terms means these terms of trade as varied from time to time.
1.2 Unless otherwise varied, these terms will apply to the supply of services to the client.
2.1 The agency acts as an agent for the client for the purpose of supplying the services which include the introduction of babysitters.
2.2 The agency agrees to make every reasonable effort to ensure that babysitters are appropriate for the services requested but the client must satisfy him or herself as to the suitability of each babysitter in each case and it is the decision of the client to engage the babysitter.
2.3 The client acknowledges that the babysitters are not at any time directly or indirectly employed by the agency. The client further acknowledges that the client has the responsibility of engaging the babysitters as an employee or independent contractor of the client and as such, the client acknowledges that the client is solely responsible for all obligations for employing babysitters from time to time, either on a casual or part-time basis including responsibility for income tax and related tax liabilities.
3. Client Obligations
3.1 All correspondence, communications (either verbal, written or via email) are confidential and the client agrees not to disclose such communications to third parties.
3.2 All babysitting bookings must be made directly between the client and the agency and no bookings are to be made directly with the babysitter. Should this obligation be ignored, the babysitter is legally obliged to inform the agency and the relevant fees will be charged to the client.
3.3 The client acknowledges that all babysitters are to be provided with a safe, warm and friendly environment.
3.4 The client agrees to pay petrol and parking fees if applicable.
3.5 The client will notify the agency immediately of any extension of any temporary placement and agrees further placement fees will apply.
4. Fees and Payment
4.1 All fees are in New Zealand dollars and include GST if applicable.
4.2 The client agrees to pay the agency a booking fee in respect of each placement of a babysitter. The fees and charges of the babysitters are to be paid by the client direct to the babysitters in cash or by other arrangement at the end of each placement.
4.3 Booking fees are payable per day of engagement and if any extension of a booking is made, further daily agency fees will be payable.
4.4 The agency reserves the right not to dispatch a babysitter if the agency’s fee has not been received via online booking or internet banking in the agency’s bank account within 24 hours of commencement of the placement.
4.5 The client agrees that there is a minimum 2 hour booking fee payable to the babysitter.
4.6 The agency reserves the right to increase its fees at any time.
5. Cancellation Policy
5.1 If cancellation of the babysitter placement is made within 12 hours of start time, a minimum of 4 hours will be charged to the client and forwarded onto the babysitter.
5.2 If cancellation of the babysitter is made within 24 hours of start time, a minimum of two hours will be charged and forwarded onto the babysitter.
5.3 If any wedding or event care packages are cancelled within 7 days of the start date, then a 50% charge will occur.
5.4 In the event that a babysitter is not able, for whatever reason, to attend a placement, then the agency will use their best reasonable endeavours to procure a replacement babysitter but the agency is not responsible for any last minute cancellations or no shows of a babysitter and is not liable to refund the agency fee.
6. Liability and Indemnity
6.1 The agency excludes all liability to the client or any person claiming through the client for any losses, expenses, compensation, damage, injury of any kind whatsoever arising out of or in connection with the provision of the services or for any act or omission of any babysitter.
6.2 The agency makes no representation concerning the quality or suitability of any babysitter.
7.1 In the event of any dispute between the parties, then the parties shall first, in good faith, negotiate an agreement to settle such dispute. In the event that such negotiation is unsuccessful, then the parties agree that any difference or dispute between them may be referred to mediation by either party by written notice.
8.1 The agency reserves the right to decline to provide services to any client without notice and for whatever reason.
8.2 The agency reserves the right to assign, subcontract, license all or any part of its obligations under any contract of services to any other party or person without the client’s consent.
8.3 If any part of these terms is held to be unenforceable for whatever reason, the part concerned will be deleted or modified to the minimum possible extent necessary so that the remainder of the terms are enforceable.
8.4 The client will pay all costs and expenses (including legal fees on a full solicitor/client basis) incurred by the agency in exercising or enforcing any of its rights under any contract of services created by these terms.