THE NANNY NETWORK, LLC
Terms and Conditions/Terms of Service
- Employer Agreement
Upon submission of your online application, you (hereinafter referred to as the "Client")
agree to be contacted by The Nanny Network, LLC (hereinafter referred to as the "Service"),
to arrange for the payment of a non-refundable Application Fee of $225 (for permanent Nanny
placements) or $100 (for temporary Nanny placements) to the Service for which the Service will
recruit prospective Nannies and provide referrals of Nannies for potential employment by the
Client. Annual Membership Fees for the Temporary nanny service are automatically renewed and
charged to the Employer's credit card and can be canceled at any time. A 25% discount off the
Annual Membership Fee will be given at the time of renewal. If renewed membership is subsequently
canceled, renewal discount will be forfeited.
The parties agree as follows:
- The Service will recruit prospective Nannies and refer Nannies to the Employer for consideration for employment by the Employer but
cannot guarantee it will place a Nanny with the Employer.
- In the event that the Employer uses or hires a Nanny referred by the Service, Employer shall pay to the Service those Finders Fees
specified in the Fee Schedule attached hereto as Exhibit A (“Fee Schedule”), and made a part hereof. If a Nanny is hired on a part-time,
temporary or seasonal basis but Employer later upgrades that status, Employer is responsible to notify the Service immediately and pay any
applicable difference in Finders Fees for that placement. In no event will the Finders Fees specified in the Fee Schedule be reduced if Employer
lessens the hours of Nanny use.
- All information obtained by Employer from the Service about a Nanny is confidential and may not be disclosed to any other person, nor
may Employer share a Nanny referred by the Service with any third party. NANNIES REFERRED TO EMPLOYER BY SERVICE MAY NOT BE
REFERRED TO FAMILY OR FRIENDS. In the event Employer does refer a Nanny referred by the Service, Employer will be responsible for
payment to the Service of additional Finders Fees. Breach of this provision of the Agreement by Employer constitutes a material default in
this Agreement.
- Nannies referred by the Service will be at least eighteen (18) years of age and will work in the Employer's home or in such other place
designated by the Employer only for the purpose of child, companion, house or pet care. The Nanny shall be deemed the employee of the
Employer, and, at no time, shall be deemed an employee of the Service.
- All Finders Fees owed to the Service are DUE UPON HIRE. A late charge equal to ten percent (10%) of the Finders Fee will automatically
be charged to accounts where the applicable fee is not paid by the due date.
- The Employer will pay to the Service $35.00 for each bank returned check.
- The Employer must provide to the Service a valid credit card number, including expiration date, as a guarantee of payment, and Employer
hereby authorizes the Service to place charges on that account in accordance with the Fee Agreement.
- Finders Fees for temporary-daily placement will be charged to the Employer's credit card at the time of referral and in advance of the
temporary care. A service fee, not to exceed twenty-five percent (25%) of the entire temporary Finders Fee, will be charged if the Employer
cancels a request for temporary care or does not use the temporary care giver.
- The Employer has reviewed and signed the Service's Employer Agreement and Release and the Service's Replacement Policy, which
are incorporated herein by reference and will apply to this Fee Agreement.
- In the event that the Service employs an attorney to collect any fees due from Employer or to enforce any term of this Agreement or the
Employer Release, the Employer shall pay such reasonable attorney fees and costs as are incurred by the Service as a result thereof.
Employer shall be liable for such attorney fees whether or not the Service institutes legal proceedings.
- Additionally, if the Employer violates the Employer Release and said violation results in a monetary loss to the Service,
then the Service shall be entitled to the monetary loss plus interest at the rate of one and one-half percent (1 ½%) per month or the
maximum amount allowed by law, whichever is greater, on the outstanding balance due the Service starting from the date of the violation by
the Employer to the date the outstanding balance is paid.
- The Service refers Nannies on a permanent, temporary or seasonal basis, and Employer agrees to accept such Nanny referrals, without
regard to age, color, race, sex, creed, national origin, religion, disability or marital status.
- The Service exercises its best efforts in conducting criminal background checks of the Nannies. Such background checks rely upon the
accuracy, reliability, and content of public records or any other information contained therein. The Service does not warrant or guarantee that
any of the public records data is complete.
- The Service or the Employer may terminate this Agreement at any time. Any fees due and owing the Service are payable immediately
upon termination of this Agreement. The Service is under no obligation to refer Nannies to the Employer after ninety (90) days from either
the date of this Agreement or the date a replacement nanny search commences.
- The Service assumes no responsibility for paying or withholding any federal, state, or local taxes, social security contributions, or
insurance premiums required or arising from the nanny's employment with the Employer.
- The Employer agrees that, if the Service finds that the Nanny(ies) is (are) being subjected to exploitative conditions in the Employer's
household, as determined by the Service, in its sole and absolute judgment, the Service may withdraw the Nanny(ies) from the Employer's
household. In said event, the Employer shall not be entitled to replacement or refunds of any fees pursuant to this Agreement.
- The Employer consents to the venue and jurisdiction of the District Court of Maryland for Baltimore County with regard to any legal action
instituted to enforce any provision or term of this Agreement. This Agreement shall be interpreted by and subject to the laws of the State of
Maryland.
- Any modification to this Employer Agreement must be in writing and signed by both the Employer and the Service, with the exception that
the fees set forth in Exhibit A (i.e., the Fee Schedule) may be changed at any time during the term of this Agreement at the sole and
absolute discretion of the Service.
- Employer understands that the Employer Release, attached hereto as Exhibit B, is made a part hereof, and the Employer voluntarily and
knowingly agrees to its terms.
- This Agreement may be executed in counterparts and shall be considered in full force and effect as of the date of execution by the
Employer.
- A photo copy shall be deemed to be an original of the Agreement.
Employer Release
The parent (hereinafter referred to as the "Employer") hereby acknowledges that I/we have engaged
the services of The Nanny Network, LLC dba The Nanny Network (hereinafter referred to as the "Service")
to locate and refer a care giver (hereinafter referred to as a "Nanny") for Employer's child/children/home
for occasional, temporary and/or permanent care.
Employer acknowledges that it is Employer's responsibility to interview any Nanny referred by the
Service and to perform an independent inquiry and investigation into each Nanny's references and
background prior to a final selection of any such Nanny. The parties agree that Employer has the
right to review and receive copies of any information obtained by the Service about any prospective
Nanny referred by the Service.
Employer understands and acknowledges the Service is not an agent or representative of the Nanny(ies)
and that the Service and its directors, officers, members, shareholders, agents and employees are not
liable for any loss, damage, expense or injury which the Employer, or any other person, may suffer or
incur as a result of the wrongful acts, omissions, or negligence of the Nanny(ies). Employer agrees
that the Service is not responsible for events beyond its control.
Employer further acknowledges the potential risks inherent in hiring a Nanny and accepts and assumes
any and all risks involved in hiring a Nanny referred by the Service. Accordingly, Employer hereby
releases the Service and its officers, directors, members, shareholders, agents and employees from
all actions, causes of action, claims and demands for injuries, sickness, damages and death which
may be sustained by Employer and/or Employer's child/children/home as a result of using the Service.
Employer does hereby agree to indemnify and save harmless the Service and its directors, officers,
members, shareholders, agents and employees of and from all injuries, losses, costs, damages and
expenses, including reasonable attorney fees as a result of any legal proceedings arising out of
or in any way related to Employer's use of the Service, and from any claims, of whatsoever nature,
the Nanny(ies) may have against the Employer.
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