Terms and Conditions

Terms & Conditions of a Household Employer

The below terms and conditions are a legal binding agreement between you as the Household Employer and Southern Highlands Nannies ABN 29 416 096 750 of Bomaderry in the State of New South Wales hereinafter referred to as (“SHO”). Acceptance of Services is an instant acceptance of the SHO Terms and Conditions.

Table of Contents

1. Definitions

‘SHO’ refers to Southern Highlands Nannies a Nanny Agency that refers ‘the Contractor’ to ‘the Employer’ for the purpose of care for children. SHO acts only as an introduction and booking service and does not employ staff. ‘Contractor’ refers to the individual who is registered with SHO for the purpose of seeking employment with an Employer. Applicants are engaged as a Contractor and an Individual Contract is drawn up between the two parties. ‘Temporary’ refers to hours worked by the ‘Contractor’ for ‘Employer” on a casual basis and infrequen basis such as babysitting and casual/emergency care. ‘Permanent’ refers to hours worked for ‘Employer’ on a Permanent basis, Part-Time and Full-Time 1-7 days a week. ‘Employer’ refers to the person(s) or company that engages SHO to seek a suitable carer for Temporary, Permanent and Event services.

The terms of this Deed are not negotiable and proceeding with your booking will be a deemed acceptance of the terms of this Deed, notwithstanding whether this Deed is signed.

2. Acknowledgements and Agreements

Employer and SHO acknowledge and agree to the following:

i. SHO is authorised to release personal information to potential Applicants for the purposes set out in this Deed, and in a manner that SHO considers fit and in its absolute discretion.

ii. SHO and the Employer are responsible to provide a safe, stable environment for the Contractor to provide services in. The Employer is required to comply with any legislation relating to Industrial Relations and Occupational Health and Safety.

Employer and SHO acknowledge and agree that SHO is a Nanny Agency engaged to:

i. Match the Employer’s requirements with the Contractor’s availability and qualifications.

ii. Engage a contractor for Services required by the Employer.

iii. Provide suitable candidates for Placements required by the Employer.

iv. Introduce the Employer to the Contractor.

3. Services of Southern Highlands Nannies

3.1 Permanent Placement Services

In the case of Permanent positions the Employer acknowledge and agree to the following;

i. Employers must recognise all obligations as an employer. The Employer is legally responsible for their employee’s PAYG Withholdings, if eligible, Superannuation Levy and Workers Compensation.

ii. If the Employer asks a Contractor to go direct or passes on a Contractor’s information which results in the employment of the Contractor by a third party, then the Employer is held responsible to pay the full placement fee.

3.2 Temporary Assignment Services

In the case of Temporary positions the Employer acknowledges and agrees to the following;

I. To provide true and accurate booking information.

II. if a Contractor for a temporary position remains with the Employer following the period originally agreed on with SHO

III. The Employer must notify SHO of this extended arrangement and pay the additional fees.

3.3 Babysitting Club

For members of SHO who regularly utilise SHO Babysitting Club who requires Babysitting services only we have a streamline express booking process with Booking Fees paid in bulk and minimal time to Book your Babysitter. Each member will be provided a Membership number to use in the booking.

4. Schedule of Fees

The first investment is a $75 Family Registration Fee. We require a Registration Fee to begin, which is due upfront on registering with the Agency and is non-refundable.

4.1 Permanent Placement

The first investment is a $75 Family Registration Fee; Placement Fees are due in two installments.

I. The First installment shall be Seventy Five (75%) percent of the whole Agency Placement Fee amount as described in the invoice. This is due in full three (3) days prior to commencement of employment by the Contractor.

II. The Second installment shall be the remaining balance, which is due by three (3) weeks anniversary date of commencement of employment by the Contractor.

4.2 Temporary Booking

Fees are payable by the Employer on the acceptance, either verbally or in writing accepting the services rendered by Southern Highlands Nannies (SHO). Public Holiday Rates advised on Enquiry.
I. To secure the Booking the Employer must pay SHO a $75 Booking Fee by credit card via SHO’s Website or over the phone at the office.
II. Once the Babysitter has been confirmed we will process the hours booked at the rate of $75 per one (1) hour. The Credit Card details provided to SHO to process the Booking Fee will be used to pay for services rendered by the SHO Child Care Service
III. If the booking exceeds the time booked according to the Babysitters Timesheet we will process the payment accordingly.

III. The Credit Card details provided to SHO to process the Booking Fee will be used to pay for services rendered by the SHO Child Care Service.

4.3 Babysitting Club

We require a Registration Fee to begin, which is due upfront on registering with the Agency and is non-refundable. Booking Coupons can be purchased 5 for $100 Or 10 Booking Coupons for $200 as per the payment terms below. The Babysitters rate of $22 an hour is deducted from the Card Details provided to SHO as per Timesheet completed by Babysitter.

5. Payment Terms

SHO follows the PCI Security Standards (PCI) and abides by its comprehensive standards and supporting materials to enhance payment card data security. PCI Security Standards are technical and operational requirements set by the PCI Security Standards Council (PCI SSC) to protect cardholder data. SHO uses PCI Compliance with NAB Transact in all its transactions.

Permanent Placement Accounts that are not settled in full within seven (7) days of the invoice will be subjected to a 10% surcharge for every month that the account remains outstanding.

Temporary Bookings Accounts not settled in full prior to the commencement date of the booking may result in the booking being cancelled, except in the case of hotel, emergency and last minute bookings.

Payment is calculated up to the ½ hour for a minimum of four (4) hours service.
IV. Less than 24 hours notice Late Booking Fee of $40 will apply.
V. There is an additional $15 Booking Fee for each family included in the Booking.

6. Obligations to Southern Highlands Nannies

The Employer must notify SHO in writing within five (5) business days:

I. Of an offer of employment with an Permanent Contractor and the terms of the employment;

II. If a Contractor for a Temporary position remains with the Employer following the period originally agreed therefore becoming a Permanent Placement, a SHO full Placement Fee will be invoiced.

III. If the Employer re-engages any Contractor within twelve (12) months from the date of termination.

IV. Of any other circumstance/s in which it is reasonable to consider would be in SHO best interests.

V. Employer and SHO agree to conduct their relationship in accordance with the terms of this Deed.

7. Refunds and Cancellations

In the case of Permanent positions, should the employment of the Contractor by the Employer terminate within 3 weeks of commencement, SHO will endeavour to find a replacement at no additional cost providing that the Employer has; notified SHO within five (5) days of the termination of employment or has paid SHO or when the Employer has paid their Placement Fee in Full. If no suitable replacement can be found within three (3) weeks SHO will refund 50% of the original fee as invoiced(minus the $75 registration fee).

In the case of Temporary assignments the Booking Fee is non-refundable. If in the circumstance that the employer cancels their booking with more than 24 hours notice a full refund less the Booking Fee will be given. In less than 24 hours notice of cancellation SHO will refund 50% of the payment made less the Booking Fee.

8. Termination of Services

8.1 Termination By Employer

In the event that SHO breaches the terms of this Deed, the Employer must serve written notice on SHO and must allow SHO seven (7) business days to remedy the Default. In the event that SHO fail to remedy the default, by notice of writing, the Employer may terminate this Deed. In the event of a dispute between the Contractor and the Employer, SHO will notify the Contractor and ask the Contractor how they wish to proceed.

If the Employer re-engages the Contractor within twelve (12) months from the date of termination, the full Placement Fee becomes payable by the Employer.

8.2 Termination by Southern Highlands Nannies

In the event that the Employer breaches the terms of this Deed, SHO is entitled to immediately terminate this Deed by written notice to the Employer addressed to the address provided by the Employer on the Employer Registration Form.

8.3 Termination by Contractor

In the event that the contractor terminates their agreement with the Employer the employer must remedy the situation according to their individual contract they have with the contractor. SHO will provide assistance to this matter if required however is limited to their role.

9. Ratios

SHO works to the following Nanny to Child ratios when providing SHO Services:

Event Services

3 to 12 months – 1 : 2

1- 2 years – 1 : 3

2 – 9 years+ – 1 : 4

Temporary and Permanent

All assignments – 1 : 4

if any children under 12 months – 1 : 3

A minimum of two staff will always be required at The Event for supervision issues except in the services of a Floater Wedding Nanny and depending on the Venue Location.

These ratios are a combination of legislative standards and our experience of providing quality care.

Ratios: children can be higher (but not lower) – for example, if children attending with some additional, individual needs or the Venue requires Higher Ratios.

SHO reserves the right to alter fees if ratios are increased. If the number of estimated children goes over the children carer ratio, for the safety of the children, an additional Contractor will be sought and additional costs will be deducted from the Credit Card details provided by the Employer. If however an addition carer cannot be sourced, the additional children cannot be admitted into the Event Services and must remain in the sole care of the parents.

10. Liability

Notwithstanding the terms of this Deed, the Employer acknowledges and agrees

I. SHO is not liable to the Employer in any way whatsoever for any loss, damage or liability suffered as a result of or as a consequence of the terms of this Deed.

II. The Agency does not accept any liability for losses or damages arising from or during provision of its Services to any person or item (whether provided by the venue, the Client or the Agency) save where death or personal injury results from the Agency’s negligence.

III. Any claim or controversy arising out of or relating to this Agreement or the breach thereof shall be settled by Southern Highlands Nannies and the Employer or via mediation between the two parties or through arbitration within the terms of the Community Justice Centre in the State of New South Wales in accordance with the rules of the appropriate bodies, and the judgment upon the award of the arbitrators may be entered in any court having jurisdiction thereof.

11. Confidentiality

The parties acknowledge and agree that:

i. All introductions are confidential. If an applicant who has been introduced to a client by the agency is approached privately by that client and is subsequently employed on a Permanent or Casual basis, full agency fees will be charged to the client. This also applies to any referrals by the client of the applicant(s) to any other person and an engagement renders.

ii. Terms of this Deed; and Employer’s details are confidential and are not to be disclosed except with the prior written consent of the Employer/s.

iii. All information and introductions supplied by SHO are confidential and refer to SHO’s Privacy Policy for Further Information.

The parties acknowledge and agree that: “Confidential Information” means information that:

i. Is by its nature confidential;

ii. Is designated by the parties as confidential; or

iii. The parties know or ought to know is confidential;

iv. and includes without limitation the terms of this Agreement and all information about the Agency, its employees, agents, research, property, policies and operations which is made available or which becomes known during the term of this Agreement.

SHO Reserves the right to review and adjust these terms and conditions without prior notice.

Latest changes will be noted and updated on Southern Highlands Nannies website.