Terms And Conditions

Terms and Conditions

Definitions

Client: The parents, families, guardians

Agency: Huckleberry Nannies LLC (HBN)

Candidates: The nannies, babysitters,

  1. General

1.1 These Terms and Conditions shall represent a legally binding contract between Huckleberry Nannies (HBN), and the Client, covering the consulting service and the placement of the Candidate. The verbal or written instruction by the Client to HBN to submit suitable candidates for contact or interview shall constitute acceptance by the Client of these terms and conditions.

1.2 The Client acknowledges and agrees that the Candidate, once accepted by the Client, is employed by the Client and not by HBN. Any legal relationship which results is between the Client and the Candidate. HBN suggests that the Client seek legal advice as to their obligations under these Terms and Conditions to HBN and their obligations to the candidate. The Agency does not employ any of the Candidates directly or indirectly. Candidates are introduced to Clients and they are employed by the Client unless the Candidate is self-employed (this may apply to maternity nurses, Lactation consultants, and nannies who work as an LLC, a standard nanny cannot be self-employed). Candidates shall be under the supervision, direction, and control of the Client.

1.3 The Client must sign the Terms and Conditions online before they are accepted and taken on by HBN.

1.4 The verbal or written instructions by the Client, or the Client’s appointed agent, to HBN to submit suitable Candidates for placement with the Client constitutes acceptance of these Agency’s Terms and Conditions by the Client.

1.5 Both HBN and Client shall not use or disclose any confidential information relating to the other. Any information received by HBN will be treated confidentially and will remain the property of HBN. HBN agrees to not provide this information to third parties, other than to the prospective Candidates.

1.6 HBN endeavors to provide the Client with well-suited Candidates that match the Family profile as much as possible. HBN agrees to provide the Client with all relevant information concerning the candidate and will check the Candidates details, documentation and references. However, the final responsibility for any decision to employ the Candidate rests with the Client. HBN strongly advises the Client to check the details, documentation, and references of the candidate.

1.7 These Terms and Conditions represent the entire understanding between HBN and Client and supersede all previous agreements and representations (including, but not limited to any statements made on the Agency’s website) made by or between HBN and client, both oral and written.

1.8 HBN reserves the right to change or add to the above, without prior notification. However, all changes will be posted on the Agency’s website. It is the Client’s responsibility to check these Terms and Conditions on the website for any changes. Continuing to use the site and our services after a change has been made is your acceptance of the changes.

2. Fees

 

2.1 Fees are payable by the Client on the acceptance of a Candidate, either verbally or in writing. It is the responsibility of the Client to notify HBN if a Candidate has been offered employment. Fees, at the current rate of the HBN charges, are payable within 14 days from the date of the invoice submitted by HBN. HBN reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period. Placement fees are payable by bank transfer or by credit card

2.2 HBN has the right to change the fees. It is the Client’s responsibility to check the website for any fee changes. Continuing to use the Agency, is an agreement of acceptance from the Client for any fee changes.

2.3 Should the Client cancel an agreed placement prior to the commencement date, HBN at their discretion, can charge the Client 50% of the placement fee.

2.4 Should the Candidate leave within the first 90 days of employment, and for reasons that are not due to unreasonable working conditions, a change in the job description, reduced hours and/or salary, a change in location, or requiring a driving nanny if not stated in the initial search or similar circumstances, etc., then HBN, at their discretion, may refund the placement fee in partial.

First 30 days (75% refund), First 60 days (50% refund), First 90 days (25% refund). Or, the family may choose to have a replacement nanny offered. Each family only receives one replacement nanny should their first nanny leave within 90 days.

2.5 Temporary placements which become permanent: Should the Client offer a permanent role to the Candidate, which was originally a temporary position, the Client must inform the Agency in writing and pay the full Placement fee with 14 days.

2.6 Trial period: Should the Client wish to trial a Candidate, before deciding to offer employment, the Client is responsible for paying HBN their temp daily fee, for each day of trial.

2.7 Online Temp booking service: The Client agrees when introduced to a Candidate through our babysitting or temp work services, they will pay the fee automatically before booking the candidate. Should the Client continue using that Candidate, they will inform HBN and pay the due fees for a temp booking every time. The Client agrees should they not adhere to this, HBN has the right to pull the Candidate from the employment should they not have been informed. Once the online booking fee is paid for the temporary nanny service, should the Client choose to cancel the booking, no refund will be offered. Should the nanny cancel the booking, HBN will endeavor to do their best to find a replacement temporary nanny, or refund the online booking fee. 

3. Introduction by Third Parties


3.1 It is the obligation of the Client to immediately inform HBN when a Candidate is introduced by HBN who has already been introduced by a third party. If the Client does not inform HBN then it will be presumed that the introduction has been by HBN and the relevant fee will become payable.

3.2 Should a Client introduce, direct or indirect, a Candidates information to a third party, or pass on any details resulting in permanent, short-term, full or part-time employment, the Client will be responsible for the relevant placement fees.

3.3 The Client agrees to not provide any of the Candidate's information to any other party for 12 months after being introduced. Should this happen, and the Candidate is placed with a new family, the Client will be responsible for a new placement fee.

4 Liability

4.1 HBN endeavors to provide the Client with only the most suitable Candidates. However, the final decision to employ a Candidate is the sole responsibility of the Client and HBN does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and whether caused directly or indirectly from an act or omission of a Candidate introduced by HBN. Similarly, 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.

4.2 Any legal disputes that may arise from or relating to the use of the HBN website, shall be resolved by binding arbitration within and pursuant to the laws of WA State. Unless specified in writing, we at HBN, make no representations or warranties of any kind, whether express or implied, as to the information, material, products or services that can be found from time to time, on any website that is linked, in any way to HBN.

Please Note: It is the Client's responsibility to pay their Candidate's Taxes and any State requirements.