Terms and Conditions
Project Nanny Limited is a registered New Zealand owned company.

1. Terms
1.1 All services supplied by Project Nanny Limited (“the Service Provider”) to the Client will be upon these terms of service unless otherwise agreed in writing. These terms of trade supersede any previous standard terms and conditions agreed between the parties and governing the provision of services by the Service Provider to the Client.
1.2 The Service Provider’s contractors, agents and representatives have no authority to make any oral representations, statements, warranties, conditions or agreements that conflict with these terms of service.
2. Fees and Payment
2.1 The fees for the Wanaka babysitting service will be as follows.
(a) $12.00 Booking Fee per babysitting appointment. This fee will be invoiced by email to the client at the conclusion of the appointment or shortly thereafter.
(b) $24.00 per hour. This fee will be invoiced by email to the client at the conclusion of the appointment or shortly thereafter.
The fees for the Dunedin babysitting service will be as follows.
(c) $12.00 Booking Fee per babysitting appointment. This fee will be invoiced by email to the client at the conclusion of the appointment or shortly thereafter.
(D) $23.00per hour. This fee will be invoiced by email to the client at the conclusion of the appointment or shortly thereafter.
The fees for the Queenstown babysitting service will be as follows.
(e) $12.00 Booking Fee per babysitting appointment. This fee will be invoiced by email to the client at the conclusion of the appointment or shortly thereafter.
(f) $24.00 per hour. This fee will be invoiced by email to the client at the conclusion of the appointment or shortly thereafter.
There is a 0.76c per KM petrol fee if the placement address is more than 15 km of the CBD with in Dunedin, Wanaka and Queenstown

2.2 All fees and charges are inclusive of GST. There is a 3.10% credit card fee on total amount owing.
2.3 Invoices are sent to the client upon receiving the amount of hours worked from the babysitter. The Client has until the due date to pay via internet banking option. The client’s credit card will be debited if no payment has been made by the due date.
2.4 If a Credit card payment has been declined after this date the client will incur a daily surcharge of 10% of the original invoice amount. If the Client has failed to pay within 10 days after receipt of invoice, the invoice will be forwarded to a debt collection agency and all costs involved will be recoverable in full.
2.5 Refer to Clause 10 below for Minimum Times and Public Holidays.

3. Provision of Services
3.1 The Service Provider will:
(a ) Use all reasonable skill and care in providing the services in a timely and efficient manner.
(b) Not be liable for any delay or non-performance providing services if the delay or non-performance is attributable (directly or indirectly) to circumstances beyond its reasonable control.
(c) Not be obliged to accept any order for services made by the client and will be entitled, in its sole discretion, to refuse to provide or perform all or any such goods and services.
3.2 The Service Provider may withdraw a quotation for the provision of services at any time before it is accepted by the client. All quotations will lapse without notice 7 days after given.
3.3 The Client will not cancel any order for services (in full or in part) without first obtaining the written consent of the Service Provider. If the Agency has provided confirmation of the booking, the Agency Fee is non-refundable. If the booking is made more than 10 days prior to the job and is later cancelled within 0-7days of the job a $30 cancellation fee is payable to the Service Provider.
3.4 The Client’s premises in which the Services will be carried out must be a healthy environment and in a condition under which any child would safely attend school, day-care or kindergarten.
3.5 The Client shall ensure that any hazards or dangers in premises in which the Services will be carried are clearly identified to the Service Provider’s contractor.

4. Liability and Indemnity
4.1 With the exception of express warranties contained in these terms of services, all warranties and representations in respect of services supplied are excluded to the extent permitted by law.
4.2 The client acknowledges that if it acquires the services for a business purpose then the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 are excluded and do not apply.
4.3 In no event will the Service Provider be liable to the client or any other party for any loss or damage arising directly or indirectly in connection with the Service Provider’s services.

5. Termination
5.1 These terms of service may be terminated by notice in writing as follows:
(a) By the Service Provider if the Client is in breach of these terms;
(b) By the Service Provider upon completion of the delivery of the services and payment in full by the Client.
(c) By mutual agreement of the parties.

6. Intellectual Property
6.1 The Client agrees and acknowledges that the Service Provider is the owner and/or licensee of the intellectual property rights in certain systems, know-how and other intellectual property which may be utilised in the provision of the services provided to the Client and that the Client obtains no rights and or interests in such intellectual property by virtue of its purchase of the services from the Service Provider.

7. Confidential Information
7.1 Neither party will disclose information which is confidential to the other party to a third party unless compelled to do so by law.

8. No Solicitation
8.1 The client agrees that it will not solicit any of the babysitters provided by the Service Provider for a period of 3 months following provision of services, to complete work on an independent basis. In the event of a default in this regard, the Service Provider shall be entitled to liquidate damages of $1000 or an amount equating to 50% of the value of the solicited arrangement, whichever is the higher.

9. Miscellaneous
9.1 Neither party may assign any of its rights or obligations under these Terms of Service without the prior written consent of the other acknowledging the arrangement to be subcontracted to the babysitter.
9.2 Neither party will be liable for any delay or failure for the performance of any of the obligations imposed on them under these Terms of Service if such failure is beyond the reasonable control and without fault or negligence of that party. (This may include bereavement, weather conditions etc.)
9.3 These Terms of Service constitutes the entire agreement between the parties which supersedes any prior arrangement or understanding whether written or oral relating to the subject matter of this agreement.
9.4 These Terms of Service will be governed by the laws in New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.

10. Minimum Times and Public Holidays
10.1 There is a 2 hour minimum booking time for Baby sitters.
10.2 Clients must book at least 48 hours prior to the time they need a sitter. However, if emergency care is needed the Service Provider will try their best to arrange a Babysitter in a shorter time period.
10.3 If a Babysitter is needed on a public holiday they will be charged at time and a half.
11. Complaints Procedure
11.1 If the Client or Babysitter wishes to make a complaint they are required to follow the Dispute Resolution Process. Should a dispute arise, they are encouraged to contact Project Nanny immediately. Project Nanny will investigate the dispute and make an appropriate decision on the issue.
The Dispute Resolution process is as follows:
Client or Babysitter submits a complaint or dispute through contacting Project Nanny via email. The client or Babysitter must outline the complaint with sufficient detail and include written examples if appropriate. If a complaint is urgent this needs to be specified in the email.
Once the dispute is submitted it will be reviewed by Project Nanny within 48 hours of receiving the complaint. Urgent complaints will be reviewed as soon as possible.
11.2 Project Nanny may contact either party for further information to aid the investigation.
11.3 Project Nanny will make an appropriate final decision on the complaint. This may include the termination or suspension of using our services.
12. Warranties
12.1 Project Nanny will verify the Police Check provided by the Babysitter. However, Project Nanny does not warrant any Babysitters suitability to provide the Services, including but not limited to honesty, capability or character of any Babysitter.
12.2 Project Nanny makes no warranties or representations as to the quality, accuracy or completeness of the content on the Website or the information otherwise provided by a Babysitter.
12.3 Project Nanny shall use reasonable actions to ensure that the Website is available 24 hours a day, but does not warrant that such availability will be provided at all times. Access may be interrupted temporarily without notice for error, system failure or maintenance.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. By continuing the use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Cancellation Policy
If a client cancels less than 48 hours before the start time of the booking there is a fee of $30.00. This will be automatically debited from their credit card.
Within 60 minutes of the booking start, you will not be able to make changes or cancel. If you need to cancel at this point, please inform your sitter not to come by phone call and you will be charged for the total hours booked. Changes to your booking will need to be accepted by the Babysitter. If you make a change and the Babysitter declines it, this will be treated as a cancellation and the cancellation policy will apply.

Terms of service for  Nanny placement.
1. THE AGREEMENT
1.1 The Contractor agrees to serve the client upon subject to the terms and conditions contained in this agreement.
1.2 The Contractor agrees to abide by all notified rules and policies of the Client and will undertake any lawful duties as directed by the Client.
1.3 This independent contract agreement will cover Temporary, Part time and Full time Contractors.
2. DUTIES AND RESPONSIBILITIES
2.1 The Contractor’s main functions and duties will be those contained in the job description annexed as Schedule 2 to this agreement.
2.2 The Contractors description of work may be subject to amendment by the Client from time to time, after discussion with Contractor.
2.3 The Contractor agrees to accept a degree of flexibility of work function in recognition of the nature of the role. The Contractor will undertake all lawful directions that are given by the Client.
3. HOURS AND PLACE OF WORK
3.1 The ordinary hours and the ordinary days of work are set out in Schedule 1 annexed to this agreement but maybe subject to change depending on the needs of the client and Nanny.
3.2 The Contractors place of work is set out in Schedule 1.
3.3 If the Nanny is required to drive more than 15km from the CBD to the place of work, the client will reimburse the Kilometres driven from the 15km mark to the home of the client. Project Nanny will work out the distance from the 15km mark to the home and include that in the weekly invoice as a “petrol allowance” for the Nanny. This will be reimbursed at the IRD mileage rate of 0.76c per km.
4. REMUNERATION
4.1 Client is to pay Project Nanny remuneration for the Nanny’s service.
4.2 Hours of work will be submitted to “Project Nanny Ltd” at the end of the working week by 6pm Friday.
4.3 The client will be invoiced and has 2 working days to pay the total amount owing. Late payment fees will incur if payment has not been made by due date that is 10% of the total amount owing each overdue day.
4.4 The Contractor agrees and consents that the Client may request to make deductions for overpayment, default of the agreement; leave in excess of paid entitlements contained herein, debts owing to the Client on termination or as otherwise provided for in this Agreement.
5. HOLIDAYS
5.1 8% Holiday pay is incorporated into the Contractor’s hourly rate.
Such public holidays are: Christmas Day, Boxing Day, New Year’s Day, 2 January, Good Friday, Easter Monday, Anzac Day, Labour Day, The Queen’s Birthday, Waitangi Day and the appropriate Provincial Anniversary.
5.2 If the Contractor is requested to, and does work on a public holiday, the rate of payment will be the Contractor’s relevant daily pay that relates to the time actually worked on the public holiday plus half of that amount again.
5.3 If the Client has directed the Contractor not to work on the public holiday the Contractor will be paid the ordinary rate and hours that would have otherwise occurred.
5.4 The Client consents and agrees to this, though not enforced by the Holidays Act 2003, out of good will.
5.5 The Client will give the Nanny 4 weeks’ notice in advance if the Nanny is not needed to work for a period of time on a “permanent placement”. The Client must not direct the Nanny to take leave under 4 weeks notice. For example, if the family are taking a holiday at short notice. No holiday or cancellation period will be given on a “temporary placement” If this is the case and the family are away on holiday or decide to cancel, the Nanny is entitled to 50% of their regular weekly hours.
6. SICK LEAVE
6.1 The Contractor is not entitled to any sick leave in accordance to the Holidays Act 2003.
6.2 If the Client does not require the Nanny to work due to a member of the family being sick for example, the mother or child the Client will be charged for 50% of that normal work day.
7. BEREAVEMENT LEAVE
7.1 The Contractor is not entitled to any Bereavement Leave in accordance to the Holidays Act 2003.
8. REFUND POLICY
8.1 A Nanny placement is deemed successful after 14 days of employment. After this time period no refund will be given. No refund will be given if a temporary Nanny placement has been reduced after the start date.
9. TERMINATION OF CONTRACT
9.1 A minimum 2 week’s notice in writing and/or verbal is required from either party to the other to terminate this agreement. The Contractor’s failure to provide and work out completely such adequate notice may result in forfeiture of pay in lieu of notice.
9.2 The Contractor consents and agrees that the Client may deduct any money owing to the Client.
9.3 Nothing in this agreement will prevent the Client from terminating the Contractor without notice and without payment in lieu of notice, in the case of serious misconduct.
10. ABANDONMENT OF CONTRACT
10.1 Where the Contractor is absent from work for 2 or more working days without notification to the Client and the Client has made reasonable efforts to contact the Contractor, the Client may be deemed to have terminated the Contract agreement without notice.
11. VEHICLE USE
11.1 If the Contractor is required to use the Client’s motor vehicle to undertake duties connected to the role the Contractor will:
(a) Adhere to at all times obey traffic laws and be courteous to others.
(b) Will at all times take reasonable care of the vehicle and use it properly and responsibly.
(c) Comply with the provisions of the insurance policy relating to the vehicle.
(d) Ensure they maintain a current and valid Full driver’s licence and if disqualified from holding a drivers licence they must immediately inform the Client.
(e) The vehicle is to remain smoke free at all times – smoking is not permitted.
11.2 Where an accident occurs where the Contractor is deemed to be at fault they shall be required to pay the Client’s insurance excess.
11.3 If the Contractor is required to use their private vehicle to undertake any duties connected to their role other than driving to and from to work they will record in a mileage log book the date and mileage undertaken, and the Client will reimburse the Contractor at the current IRD mileage rate. The Contractor will submit all kilometres driven together with hours worked at the end of the working week.
12. HEALTH AND SAFETY
12.1 The Contractor is required to take all reasonable steps in the course of their contract to ensure their own safety and the safety of others. The Contractor agrees to fully co-operate with the management in implementing the Client’s health and safety policies.
12.2 All hazards identified by the Contractor in the workplace are to be brought to the attention of the Client so that appropriate remedial action can be taken.
12.3 The Contractor must immediately report all accidents and injuries to the Client occurring during the course of their contract.
12.4 Project Nanny Limited will not be liable for any damages to property caused by any reason whatsoever, between the parties to this agreement
13. CONFIDENTIALTY
13.1 During the course of the contract relationship and after its ending for whatever reason, the Contractor will not directly or indirectly make a record of or divulge or communicate to any person or entity any confidential information, or other observance coming to that Contractor’s notice in performance of the Contractor’s duties with the Client or any associated person in respect to the affairs of the Client or their children.
14. VARIATION OF THIS AGREEMENT
14.1 This agreement may be varied at any time to time by written agreement between the parties.
15. INDIVIDUAL CONTRACTOR ACKNOWLEDGEMENT
15.1 The Contractor acknowledges that they have read and understand this agreement and the conditions of their role, and agree to them fully.