Terms and Conditions
These trading terms and conditions are between the ‘Client’ (you) and ‘Cosmopolitan Nannies’ (ABN 76 254 659 614) and govern the provision of services by Cosmopolitan Nannies ('The Agency’) to you. These terms and conditions are paramount and you acknowledge that they take precedence over any of your terms for the purchase of our services or any pre-existing agreements or understandings between you and Cosmopolitan Nannies.
1.DEFINITIONS
‘Applicant’ shall mean a person who we introduce to you for the purpose of being employed or engaged by you as a child care professional.
‘Services’ shall mean the introduction of Applicants to you for the purpose of employment or engagement of the Applicant by you as a child care professional and all services entered into or thereto.
2.ACCEPTANCE OF TERMS
The giving of a verbal or written instruction to Cosmopolitan Nannies by you to commence the provision of services will be deemed as an acceptance of our terms and conditions of business. In the case of an engagement, Cosmopolitan Nannies assumes that all details of the engagement have been agreed between the Client and Applicant unless the Client informs the agency in writing to the contrary prior to the commencement of the engagement, and will issue a written confirmation to this effect.
3.FEES
3.1 All fees must be agreed upon at the commencement of our engagement to provide the Services.
3.2 When you decided to employ an Applicant we will raise an invoice at the time of notification of the pending engagement to confirm the amount owing.
3.3 The fee structure set by Cosmopolitan Nannies may be based on the description of the role to be performed by the Applicant. Should the role, time commitment or duties required of an Applicant change following commencement of the role, you must notify us in writing and an appropriate uplift in fees may be charged.
3.4 The fee charged for the provision of Services applies to each engagement of an Applicant and the reengagement by you of the same Applicant at a later time (whether or not the role is the same) shall attract a separate fee.
3.5 Where Services constitute a taxable supply under Australia’s Goods and Services Tax legislation, Cosmopolitan Nannies will be required to levy GST of 10% on the value of the Services provided.
3.6 The Client is liable for any specific advertising requires and shall be required to fully reimburse Cosmopolitan Nannies for any direct costs incurred (i.e. travel arrangements and visa applications) during the course of provision of the Services. Reimbursement of these expenses shall be made irrespective of whether an Applicant is ultimately engaged by you for an agreed period or at all.
4.GUARANTEE POLICY
4.1 In the event that you cancel the engagement of the Applicant prior to the placement commencing, we are entitled to retain the aggregate of the following items:
(a)fifty percent (50%) of the fee charged;
(b)one week’s salary of the Applicant, for the Applicant; and
(c)all direct costs and expenses incurred by us in the course of provision of the Services.
4.2 Once the Applicant commences the engagement with you, no refund shall be payable where you elect to terminate the engagement of the Applicant.
4.3 In the event that the Applicant withdraws their application the Client agrees to indemnify Cosmopolitan Nannies and hold it and all its employees and representatives harmless from any costs or expenses arising out of any claim against the Agency, relating in any way to the Applicant’s employment. The Client agrees that the agreement of the placement is between the Employee and the Employer.
4.4 Cosmopolitan Nannies agrees that the time period often referred to as the ‘Probationary Period” or “Warranty Period” is a period of 30 days from the date of arrival in the employer’s residence, in which Cosmopolitan Nannies warrants that any Applicant referred by the ‘Agency’ and employed by the employer will remain continuously employed by the employer for that time period of 30 days. If the employer terminates the Applicant’s employment with cause, or if the applicant voluntarily resigns without good cause within the “Probationary” period, Cosmopolitan Nannies will, without additional charges or fees unless specific advertising is required, make such reasonable additional referrals of Applicants to the employer to assist the employer to hire a replacement Applicant. If the employee resigns due to the employer materially changing the job description, adding responsibilities or duties, or changing the work schedule after the employee’s start date from what was initially agreed upon in the “Job Description”, or mistreatment of the employee, or non compliance with clause 6.3 below, Cosmopolitan Nannies, then has no obligation to replace the employee and the warrantee period becomes void upon the employees resignation. The employer expressly acknowledges and agrees that Cosmopolitan Nannies liability pursuant to this warranty is limited solely and exclusively to our obligation to refer additional Applicants for the employer’s consideration, whether or not that results in a hire. Where a replacement Applicant is subsequently engaged, there will be no guarantee period applicable for such a placement.
5.SUITABILITY OF APPLICANTS
5.1 To the extent permitted by law, no warranty is offered in respect to the suitability, honesty, capability or character of any Applicant introduced by the Agency and employed by the Client. Applicants are not the employees of the agency.
5.2 The Agency endeavours to provide the Client with only the most suitable Applicants. However, the final decision to employ a Applicant is the sole responsibility of the Client and the Agency 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 Applicant introduced by the Agency.
5.3 It is strongly recommended that you make your own enquiries and reference checks concerning Applicants, in addition to any enquiries and checks performed by us on your behalf.
6.CONTRACTUAL STATUS
6.1 The agency acts as an introduction agency only and does not directly or indirectly employ the Nanny who is self employed or employed by the Client. The employer understands and acknowledges that the Agency is not an agent or representative of the Applicant and that the Agency is not in any way liable for any loss, expense or injury, delay or damage the employer or any other person may suffer or incur as a result of the wrongful acts, omissions, or negligence of the Applicant or of the introduction or employment of any Applicant or from the failure to introduce a Applicant.
6.2 You must fully advise us, at the commencement of our retainer, of all relevant information for the proposed Applicant’s role (e.g. requirements, time constraints) in order to ensure that the Applicant is appropriately placed and this job description must not materially change prior to or during the engagement of the Applicant, unless it is by consent and we are informed in writing.
6.3 The engagement or employment of the Applicant by you should include terms specifying the duties of the Applicant, details of pay, hours of work, holidays, sick pay and any notice periods for termination or ending of the engagement. The form of a model contract will be provided by us to you but we accept no liability for the terms and conditions ultimately agreed upon by the parties. It shall be your responsibility to ensure that the terms of engagement of the Applicant complies with all local laws and regulations.
7.TECHNICAL REQUIREMENTS
7.1 Unless otherwise agreed, you shall be responsible for obtaining any work or other permits for the commencement of the role by an Applicant and for ensuring that the Applicant satisfies any medical requirements or other qualifications that may be required by authorities where the role is to be carried out.
7.2 As Applicants are engaged or employed by you directly, we do not have the responsibility for collection or remittance of income or other taxes or any other benefits such as superannuation.
7.3 Cosmopolitan Nannies is not responsible for the workplace safety of workers referred to Clients. Clients are strongly advised to have Domestic Employees Workers compensation Insurance cover. Cosmopolitan Nannies is not responsible for any damage or breakage, which occurs when workers referred by the agency, are on the Clients premises. Accidents can happen and the Agency recommends that all household items (especially valuables) be covered by the Clients household Contents Insurance.
8.NON WAIVER OF RIGHTS
8.1 Failure by Cosmopolitan Nannies at any time to require performance by you of any provision of these terms and conditions shall not be deemed to be a waiver of any of its rights unless Cosmopolitan Nannies specifically agrees to such a waiver in writing.
9.VARIATION
9.1 These terms and conditions may be varied by the mutual written agreement of the parties.
9.2 The Agency reserves the right to use its own discretion with regard to any situation or problem not itemised in its terms.
10.CONFIDENTIALITY
10.1 All communication, whether written or oral and however communicated, shall be confidential between the parties. Should the Client pass on any information including inter alia, details of Applicants, or recommend a Applicant to a third party resulting in a booking of permanent temporary or part time childcare employment, then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.
10.2 All correspondence and records shall be confidential and remain the property of the agency.
10.3 Information supplied by the agency is confidential and is accepted by the Client on the condition that such information will not be disclosed to third parties.
11.GOVERNING LAW AND JURISDICTION
11.1These terms and conditions will be deemed to have been made in the State of Victoria, Australia and shall be governed by the laws of that State and the parties agree to submit to the exclusive jurisdiction of the courts of that State.
1.DEFINITIONS
‘Applicant’ shall mean a person who we introduce to you for the purpose of being employed or engaged by you as a child care professional.
‘Services’ shall mean the introduction of Applicants to you for the purpose of employment or engagement of the Applicant by you as a child care professional and all services entered into or thereto.
2.ACCEPTANCE OF TERMS
The giving of a verbal or written instruction to Cosmopolitan Nannies by you to commence the provision of services will be deemed as an acceptance of our terms and conditions of business. In the case of an engagement, Cosmopolitan Nannies assumes that all details of the engagement have been agreed between the Client and Applicant unless the Client informs the agency in writing to the contrary prior to the commencement of the engagement, and will issue a written confirmation to this effect.
3.FEES
3.1 All fees must be agreed upon at the commencement of our engagement to provide the Services.
3.2 When you decided to employ an Applicant we will raise an invoice at the time of notification of the pending engagement to confirm the amount owing.
3.3 The fee structure set by Cosmopolitan Nannies may be based on the description of the role to be performed by the Applicant. Should the role, time commitment or duties required of an Applicant change following commencement of the role, you must notify us in writing and an appropriate uplift in fees may be charged.
3.4 The fee charged for the provision of Services applies to each engagement of an Applicant and the reengagement by you of the same Applicant at a later time (whether or not the role is the same) shall attract a separate fee.
3.5 Where Services constitute a taxable supply under Australia’s Goods and Services Tax legislation, Cosmopolitan Nannies will be required to levy GST of 10% on the value of the Services provided.
3.6 The Client is liable for any specific advertising requires and shall be required to fully reimburse Cosmopolitan Nannies for any direct costs incurred (i.e. travel arrangements and visa applications) during the course of provision of the Services. Reimbursement of these expenses shall be made irrespective of whether an Applicant is ultimately engaged by you for an agreed period or at all.
4.GUARANTEE POLICY
4.1 In the event that you cancel the engagement of the Applicant prior to the placement commencing, we are entitled to retain the aggregate of the following items:
(a)fifty percent (50%) of the fee charged;
(b)one week’s salary of the Applicant, for the Applicant; and
(c)all direct costs and expenses incurred by us in the course of provision of the Services.
4.2 Once the Applicant commences the engagement with you, no refund shall be payable where you elect to terminate the engagement of the Applicant.
4.3 In the event that the Applicant withdraws their application the Client agrees to indemnify Cosmopolitan Nannies and hold it and all its employees and representatives harmless from any costs or expenses arising out of any claim against the Agency, relating in any way to the Applicant’s employment. The Client agrees that the agreement of the placement is between the Employee and the Employer.
4.4 Cosmopolitan Nannies agrees that the time period often referred to as the ‘Probationary Period” or “Warranty Period” is a period of 30 days from the date of arrival in the employer’s residence, in which Cosmopolitan Nannies warrants that any Applicant referred by the ‘Agency’ and employed by the employer will remain continuously employed by the employer for that time period of 30 days. If the employer terminates the Applicant’s employment with cause, or if the applicant voluntarily resigns without good cause within the “Probationary” period, Cosmopolitan Nannies will, without additional charges or fees unless specific advertising is required, make such reasonable additional referrals of Applicants to the employer to assist the employer to hire a replacement Applicant. If the employee resigns due to the employer materially changing the job description, adding responsibilities or duties, or changing the work schedule after the employee’s start date from what was initially agreed upon in the “Job Description”, or mistreatment of the employee, or non compliance with clause 6.3 below, Cosmopolitan Nannies, then has no obligation to replace the employee and the warrantee period becomes void upon the employees resignation. The employer expressly acknowledges and agrees that Cosmopolitan Nannies liability pursuant to this warranty is limited solely and exclusively to our obligation to refer additional Applicants for the employer’s consideration, whether or not that results in a hire. Where a replacement Applicant is subsequently engaged, there will be no guarantee period applicable for such a placement.
5.SUITABILITY OF APPLICANTS
5.1 To the extent permitted by law, no warranty is offered in respect to the suitability, honesty, capability or character of any Applicant introduced by the Agency and employed by the Client. Applicants are not the employees of the agency.
5.2 The Agency endeavours to provide the Client with only the most suitable Applicants. However, the final decision to employ a Applicant is the sole responsibility of the Client and the Agency 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 Applicant introduced by the Agency.
5.3 It is strongly recommended that you make your own enquiries and reference checks concerning Applicants, in addition to any enquiries and checks performed by us on your behalf.
6.CONTRACTUAL STATUS
6.1 The agency acts as an introduction agency only and does not directly or indirectly employ the Nanny who is self employed or employed by the Client. The employer understands and acknowledges that the Agency is not an agent or representative of the Applicant and that the Agency is not in any way liable for any loss, expense or injury, delay or damage the employer or any other person may suffer or incur as a result of the wrongful acts, omissions, or negligence of the Applicant or of the introduction or employment of any Applicant or from the failure to introduce a Applicant.
6.2 You must fully advise us, at the commencement of our retainer, of all relevant information for the proposed Applicant’s role (e.g. requirements, time constraints) in order to ensure that the Applicant is appropriately placed and this job description must not materially change prior to or during the engagement of the Applicant, unless it is by consent and we are informed in writing.
6.3 The engagement or employment of the Applicant by you should include terms specifying the duties of the Applicant, details of pay, hours of work, holidays, sick pay and any notice periods for termination or ending of the engagement. The form of a model contract will be provided by us to you but we accept no liability for the terms and conditions ultimately agreed upon by the parties. It shall be your responsibility to ensure that the terms of engagement of the Applicant complies with all local laws and regulations.
7.TECHNICAL REQUIREMENTS
7.1 Unless otherwise agreed, you shall be responsible for obtaining any work or other permits for the commencement of the role by an Applicant and for ensuring that the Applicant satisfies any medical requirements or other qualifications that may be required by authorities where the role is to be carried out.
7.2 As Applicants are engaged or employed by you directly, we do not have the responsibility for collection or remittance of income or other taxes or any other benefits such as superannuation.
7.3 Cosmopolitan Nannies is not responsible for the workplace safety of workers referred to Clients. Clients are strongly advised to have Domestic Employees Workers compensation Insurance cover. Cosmopolitan Nannies is not responsible for any damage or breakage, which occurs when workers referred by the agency, are on the Clients premises. Accidents can happen and the Agency recommends that all household items (especially valuables) be covered by the Clients household Contents Insurance.
8.NON WAIVER OF RIGHTS
8.1 Failure by Cosmopolitan Nannies at any time to require performance by you of any provision of these terms and conditions shall not be deemed to be a waiver of any of its rights unless Cosmopolitan Nannies specifically agrees to such a waiver in writing.
9.VARIATION
9.1 These terms and conditions may be varied by the mutual written agreement of the parties.
9.2 The Agency reserves the right to use its own discretion with regard to any situation or problem not itemised in its terms.
10.CONFIDENTIALITY
10.1 All communication, whether written or oral and however communicated, shall be confidential between the parties. Should the Client pass on any information including inter alia, details of Applicants, or recommend a Applicant to a third party resulting in a booking of permanent temporary or part time childcare employment, then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.
10.2 All correspondence and records shall be confidential and remain the property of the agency.
10.3 Information supplied by the agency is confidential and is accepted by the Client on the condition that such information will not be disclosed to third parties.
11.GOVERNING LAW AND JURISDICTION
11.1These terms and conditions will be deemed to have been made in the State of Victoria, Australia and shall be governed by the laws of that State and the parties agree to submit to the exclusive jurisdiction of the courts of that State.
By engaging the services of Cosmopolitan Nannies it will be deemed that the Client has read the above trading terms and conditions and assumes the rights and obligations set out above.
Welcome to Cosmopolitan Nannies!
Welcome to Cosmopolitan Nannies!
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