1.1. The terms and conditions of service detailed in this document form a legally binding agreement between the Client (“the Client”) and Project Nanny Limited (“Project Nanny”).
1.2. All services supplied to the Client by Project Nanny will be on these terms and conditions unless otherwise agreed in writing. By registering with Project Nanny and/or engaging a Project Nanny Babysitter or Nanny (“Contractor), the Client agrees to abide by these terms and conditions.
1.3. These terms supersede any previous terms and conditions that may have been agreed between the parties.
1.4. Project Nanny’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.
1.5. Project Nanny reserves the right to change these terms and conditions at any stage.
2. Contract Status
2.1. The Client agrees that the relationship with a Contractor is a one of principal and contractor. Nothing in this contract or the way in which services are delivered by a Contractor to the Client is to be construed as creating an employment relationship between a Contractor and the Client.
2.2. The Client and Project Nanny agree that the nature of the work to be performed, the responsibilities assumed and the manner in which a Contractor is represented to the public does not alter the status of this contract.
3. Provision of Services
3.1. Project Nanny will:
3.1.1. Use all reasonable skill and care in providing the services in a timely and efficient manner.
3.1.2. Not be liable for any delay or non-performance services if the delay or non-performance is attributable (directly or indirectly) to circumstances beyond its’ reasonable control.
3.2. Not be obliged to accept any order for services and will be entitled, in its sole discretion, to refuse to provide or perform all or any such services.
3.3. Project Nanny 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 seven (7) days after the date provided.
3.4. The Client must book at least 48 hours prior to the time they need a babysitter. If emergency care is needed Project Nanny will try their best to arrange a babysitter in a shorter time period, however it is acknowledged that this may not be possible.
4. Client Obligations
4.1. All Contractor placements must be made directly between the Client and Project Nanny.
4.2. No bookings are to be made directly with a Contractor. Should this obligation be ignored the Contractor is legally obliged to inform Project Nanny and the Client will be charged the relevant fees.
4.3. The Client must provide accurate details of the Clients address, contact details and full name. Providing false, incomplete, inaccurate or illegal information is strictly prohibited and may be punishable by law.
4.4. The Client is fully responsible for all contracting arrangements with the Contractor, and all or any legal responsibilities owed by the Client to the Contractor including, without limitation, any contractual obligations or responsibilities.
4.5. The Client will hold Project Nanny harmless against any claims arising out of any claims brought against Project Nanny arising from the Clients dealings with and treatment of Contractor, howsoever arising.
4.6. The Client is responsible for ensuring that the Clients’ Home Contents Insurance includes cover for domestic workers, including childcare.
4.7. The Client is not and will not hold themselves out as an agent of Project Nanny on any basis.
5. Fees and Payment
5.1. Babysitting service fees are:
5.1.1. Wanaka, Queenstown and Christchurch
• $15.00 Booking Fee per babysitting appointment
• $26.00 per hour
• $15.00 Booking Fee per babysitting appointment
• $25.00 per hour
5.2. There is a two hour minimum booking time for babysitters and nannies.
5.3. All booking fees are payable per day and per booking. If the Client require two separate bookings for the same day, two booking fees would apply. If any extension of a booking is made, daily booking fees will apply.
5.4. Project Nanny reserves the right not to dispatch a Contractor if the booking fee has not been received via online booking or internet banking deposited in the Project Nanny bank account within 24 hours of the booking commencing.
5.5. If a babysitter is needed on a public holiday hourly rates will incur a 50% loading.
5.6. All fees and charges are inclusive of GST. There is a 3.40% credit card fee on total amount owing.
5.7. Permanent weekly Nanny Fees will be invoiced to the Client by email upon completion of the engagement and/or receiving the number of hours worked from a Contractor. The Client has two (2) working days from the invoice date to pay the total amount owing. Clients will pay the entire booked hours for the babysitter upfront on the website. Any extra hours worked will be deducted from the nominated credit card the day after the babysitter has completed the job.
5.8. 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.
5.9. The Clients’ credit card will be debited if no payment has been received by the due date. If a credit card payment has been declined after the due date the Client will incur a daily surcharge of 10% of the original invoice amount. If the Client has failed to pay within ten (10) days after receipt of invoice, the invoice will be forwarded to a debt collection booking and all costs involved will be recoverable from the Client in full.
5.10. The Client agrees to pay petrol and parking fees if applicable.
5.11. If a Nanny is required to drive more than 15km from their home to the place of work, the Client will reimburse the kilometres driven from the 15km mark to the place of work. Project Nanny will work out the distance from the 15km mark to the work location and include that in the weekly invoice. This will be reimbursed at the IRD kilometre rate (currently 79c per kilometre).
5.12. The Client will notify Project Nanny immediately if any extension of any temporary placement occurs and agrees that further placement fees will apply.
5.13. The Client will give the Nanny two (2) weeks’ notice in advance if the Nanny is not needed to work for a period of time. If the family are taking a holiday under two weeks’ notice then the Client must not direct the Nanny to take leave. If this is the case and the family are away on holiday or the Nanny is not directed to not come to work, the Client will be invoiced for 50% of the regular weekly hours.
5.14. 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 invoiced for 50% of that normal work day.
5.15. Project Nanny reserves the right to increase our booking fees at any time.
6. Cancellation Policy
6.1. All booking fees are non-refundable if a booking is cancelled.
6.2. If the Client cancels less than 48 hours before the start time of the booking, there is a cancellation fee of $30.00. This will automatically be debited from the Clients’ credit card.
6.3. If the Client needs to cancel a booking within 12 hours of the booking start the Client will be charged for the total hours booked. The Client is to phone the babysitter directly and let them know not to come.
6.4. If the Client needs to change a booking within 60 minutes of the booking start, the changes will have to be accepted by the Contractor. If the Client makes a change and the Contractor declines it, this will be treated as a cancellation and the Client will be charged for the total hours booked.
7.1. Booking fees are non-refundable.
7.2. A Nanny placement is deemed successful after one 14 days of employment. After this time period no refund will be given.
7.3. No refund will be given if the Contractor has left the position due to unreasonable working conditions, Client change of location, change of job description or change of mind, or if Project Nanny believes the Contractor has been mistreated in any way.
7.4. No refund will be given if a temporary Nanny placement has been reduced after the start date.
8. Health and Safety
8.1. To comply with the Health and Safety at Work Act 2015 Project Nanny requires that services are provided in a safe environment.
8.2. The 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.
8.3. The Client shall ensure that any hazards or dangers in premises in which the services will be carried out are clearly identified to the Contractor at the commencement of the engagement, along with any controls for the identified risks. This includes any specific issues (medical or otherwise) relevant to the child(ren) being cared for.
8.4. The Client must ensure that the Contractor is aware of any procedures to follow in the event of an emergency.
8.5. Any accident or incident which harms or may have harmed the Contractor or the child(ren) being cared for must be recorded and notified to Project Nanny as soon as possible after the event.
8.6. The Client must ensure that the Contractor must be aware of how to contact the Client at all times.
8.7. Project Nanny retains the right to inspect the premises if health and safety concerns are raised about the care environment, and to terminate the contract immediately if Project Nanny (in its absolute discretion) deems that the premises are unsafe.
9. Vehicle Use
9.1. Where the Contractor is required to drive, the Client agrees that it is responsible for ensuring the Contractor has a current and valid driver’s licence suitable for the purpose(s) required by the Client, and is familiar with the New Zealand road rules and roads.
9.2. The Client is responsible for ensuring any vehicle that the Client wishes the Contractor to drive is fully insured, roadworthy, and has a current WOF and Registration. Project Nanny cannot be held responsible for any traffic offences, insurance claims, or parking infringements incurred by the Contractor.
9.3. Project Nanny cannot be held responsible for the Contractors driving skills or lack thereof.
10.1. Project Nanny will verify the Police Check provided by the Contractor. However, Project Nanny does not warrant any Contractors’ suitability to provide the services, including but not limited to honesty, capability or character.
10.2. 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 Contractor.
10.3. 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.
10.4. Although Project Nanny endeavours to find Contractors on request, there is no guarantee this will always be possible.
11. Complaints and Disputes
11.1. If the Client wishes to make a complaint, the Dispute Resolution process must be followed. Should a dispute arise, the Client is encouraged to contact Project Nanny immediately. Project Nanny will investigate the complaint and/or dispute and make an appropriate decision on the issue.
11.2. The Dispute Resolution process is as follows:
11.2.1. Client or Contractor submits a complaint or dispute by contacting Project Nanny via email. The Client or Contractor 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.
11.2.2. Once the complaint is submitted it will be reviewed by Project Nanny within 48 hours of receipt. Urgent complaints will be reviewed as soon as possible.
11.2.3. Project Nanny may contact either party for further information to aid the investigation.
11.2.4. Project Nanny will make an appropriate final decision on the complaint. This may include termination or suspension of service.
12.1. This agreement may be terminated by notice in writing as follows:
12.1.1. By Project Nanny, if the Client is in breach of these terms; or
12.1.2. By mutual agreement of the parties.
13.1. With the exception of express warranties contained in these terms of service, all warranties and representations in respect of services supplied are excluded to the extent permitted by law.
13.2. The Client acknowledges that if the services are acquired 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.
13.3. In no event will Project Nanny be liable to the Client or any other party for any loss or damage arising directly or indirectly in connection with Project Nanny’s services.
13.4. Project Nanny acts as an agent for the Client, not as an employer of the Contractor. Project Nanny therefore accepts no liability or responsibility for accident, injury, loss, damage, or misconduct sustained by a Contractor, the Client or any other persons. By engaging a Nanny or booking a Babysitter through Project Nanny the Client agrees to exclude the booking should any mishap occur.
14. Intellectual Property
14.1. The Client agrees and acknowledges that Project Nanny 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. The Client further agrees that no rights and/or interests in such intellectual property are obtained by the Client by virtue of the Client’s purchase of services from Project Nanny.
15.1. Neither party will disclose information which is confidential to the other party to a third party unless compelled to do so by law.
15.2. In the course of this contract and after its ending for whatever reason, neither the Contractor nor the Client will directly or indirectly make a record of or divulge or communicate to any person or entity any confidential information or other observance coming to their notice in performance of the Contractors duties with the Client or any associated person in respect to the affairs of the Client, their children or Project Nanny.
15.3. The obligations on the parties with regard to confidentiality survive termination of this contract irrespective of the reasons for termination.
16. No Solicitation
16.1. The Client agrees that it will not solicit any of the Contractors provided by Project Nanny to complete work on an independent basis for a period of three (3) months following provision of services. In the event of a default in this regard, Project Nanny 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.
16.2. If the Client discuss information about a Contractor with any third parties (eg. friend, family member or colleague) who, acting on that information, subsequently engages any Project Nanny Contractor, the Client agrees to pay the applicable booking charged by Project Nanny.
17.1. 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 Contractor.
17.2. 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 (eg bereavement, adverse weather etc.)
17.3. These Terms of Service constitute 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.
17.4. 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.
Terms for Project Nanny Credit Card Authority Debit
The Client may:
1. At any time, terminate this Authority as to future payments by giving written notice of termination to the Bank and to the Initiator.
2. Stop payment of any Direct Debit to be initiated under this Authority by the Initiator (Project Nanny) by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.
3. Where a variation to amount agreed between the Initiator and the Client from time to time to be direct debited has been made without notice being given, request the Bank to reverse or alter any such Direct Debit initiated by the Initiator by debiting the amount of the reversal or alteration of the Direct Debit back to the Initiator through the Initiator’s Bank, PROVIDED such request is made not more than 120 days from the date when the Direct Debit was debited to their account.
The Client acknowledges that:
1. You are responsible for providing Project Nanny with updated information when there is a change of issuer of your registered Credit Card, a replacement card is issued with a new card number, or when your registered Credit Card expires.
2. Project Nanny has agreed to give advance notice of the net amount of each Direct Debit and the due date of the debiting one calendar day before the date when the Direct Debit will be initiated. This notice will be provided in writing via an emailed invoice.
3. This Authority will remain in full force and effect in respect of all Direct Debits passed to their account in good faith notwithstanding their death, bankruptcy or other revocation of this Authority until actual notice of such event is received by the Bank.
4. In any event this instruction is subject to any arrangement now or hereafter existing between me/us and the bank in relation to my/our account.
5. Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this Instruction. Any other disputes lie between me/us and the Initiator.
6. Where the Bank has used reasonable care and skill in acting in accordance with this Instruction, the Bank accepts no responsibility or liability in respect of:
a) The accuracy of information about Direct Debits on Bank statements;
b) Any variations between notices given by the Initiator and the amounts of Direct Debits
7. The Bank is not responsible for, or under any liability in respect of the Initiator’s failure to give notice, nor the non-receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.
Security of your information
Project Nanny takes all reasonable steps to ensure that all information it collects, uses or discloses is accurate and stored in a secure environment accessed only by authorised persons for legitimate business purposes.
Disclosure of information
Project Nanny will not disclose, sell, distribute or share your personal information with third parties. We do not trade or rent clients personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outline above.
Destruction of information
Project Nanny takes all reasonable steps to ensure your personal information is securely destroyed or de-identified once it is no longer needed for the purposes it was collected.
Health and Safety at Work Policy
We recognise that health and safety is important for our nannies, babysitters and families, so we have documented the procedures we have put in place to support this.
Procedures include a Hazard Checklist (Appendix A) that is sent to nannies, babysitters and families to be read and implemented each time a nanny or babysitter attends a job at the family’s place of residence.
The nanny’s or babysitter’s duties include:
- Being required to take all reasonable steps during each engagement to ensure their own safety and the safety of others.
- Agreeing to co-operate fully with Project Nanny and the Client in implementing health and safety policies and procedures.
- Bringing to the attention of the Client any previously unrecognised hazards or risks as may be identified in the premises in which the services will be carried out so that appropriate remedial action can be taken.
- Recording and reporting to the Client and Project Nanny any accident or incident which harms or may have harmed themself or the child(ren) being cared for during the engagement as soon as practicable after the event.
- Ensure that they always know how to contact the Client and be aware of any procedures to follow in the event of an emergency.
- In the unlikely event that they feel threatened or unsafe by any person or environment while attending a placement; to contact Project Nanny immediately for support.
The Client’s duties include:
- Complying with the Health and Safety at Work Act 2015. Project Nanny requires that services are provided in a safe environment.
- Ensuring that the 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.
- Ensuring that any hazards or dangers in premises in which the services will be carried out are clearly identified to the nanny/babysitter at the commencement of the engagement, along with any controls for the identified risks. This includes any specific issues (medical or otherwise) relevant to the child(ren) being cared for.
- Ensuring that the Contractor is aware of any procedures to follow in the event of an emergency.
- Recording and notifying to Project Nanny as soon as possible after the event, any accident or incident which harms or may have harmed the or the child(ren) being cared for.
- Ensuring that the nanny/babysitter knows how to contact the Client at all times.
Project Nanny retains the right to inspect the premises if health and safety concerns are raised about the care environment, and to terminate the contract immediately if Project Nanny (in its absolute discretion) deems that the premises are unsafe.