Lisa’s Staffing Solutions Casual Nanny and Babysitting Terms and Conditions
Definitions 1.1 Agency means Lisa’s Staffing Solutions ABN 83 47253 630. 1.2 Agency Fee means (a) the Placement Fee, (b) the Payroll Fee and (c) the Service Fee, payable to the Agency for the Services. 1.3 Agreed Hourly Rate means the hourly rate as set out in the confirmation message. 1.4 Booking Fee means the fees stipulated on the website under the Babysitter & Casual Nanny Booking Fees & Rates section. 1.5 Booking Form means the Casual Nanny and Babysitter Booking Form accessed via the website. 1.6 Carer means the person nominated by the Agency to provide Services to the Client. 1.7 Candidate means a person to who the Agency makes an Introduction to the Client. 1.8 Conditions means the terms and conditions of supply of Services as set out within these terms and conditions, and any subsequent terms and conditions agreed in writing by the Agency and the Client from time to time. 1.9 Confirmed Booking is when the booking has been confirmed with the client via phone, text or email. 1.10 Confirmation message means the verbal or written message via text, email, voicemail, or phone call given to the Client to confirm a Casual Nanny or Babysitting booking, the Carer’s details, Agreed Hourly Rate, Term and Instructions. 1.11 Cooling off period means a period 2 hours from the time a Confirmation Message is sent by the Agency to cancel or make changes to a booking without the Client incurring cancellation Fees or additional Service Fees. 1.12 Client means the persons who engages the Agency to provide the Services in accordance with these Conditions. 1.13 GST means goods and services tax as defined in the GST Act. 1.14 GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth). 1.15 Instructions means the instructions provided within the Booking Form by the Client, to the Agency to effect Introductions to him / her for the purpose of obtaining childcare on a temporary basis. 1.16 Introduction means the passing by the Agency to the Client of a Curriculum Vitae or any other information in relation to a Candidate. 1.17 Permanent Placement means the placement of a Carer with a Client, or any other person introduced to the Client to provide the Services, for three (3) months or more in any twelve (12) month period. 1.18 Placement Fee means in relation to the placement of a Carer with the Client for a term of three or more months, the placement fee will be set out in a Permanent Placement Contract and invoiced separately. 1.19 Recruitment Fee means in relation to the Introduction of the most suitable candidate(s) to the Client, the recruitment fee is non-refundable and is offset against the Placement Fee. 1.20 Services means the services provided by the Agency to the Client as described in these Conditions. 1.21 Service Fee means the fees calculated pursuant to clause 3, clause 4 or clause 5 of this Contract. 1.22 Services means the services described in clause 8 of this Contract and in conjunction with the Instructions stated in the Booking Form and confirmed in the Confirmation Message. 1.23 Short Term or Temporary Placement means engagement by the Client of the Carer, or any other person introduced to the Client by the Agency to provide the Services, for a period of less than three (3) months in any twelve (12) month period. 1.24 Taxable Supply has the meaning defined in the GST Act. 1.25 Term means the term as set out in the Confirmation Message being the time between the confirmed start and finish date and time. 1.26 Timesheet means a written record of the times during which the Carer provides the Services to the Client, pursuant to this Contract. 1.27 Website means www.lisasstaffing.com.au
Terms of Engagement 2.1 Together, these Terms and Conditions and the Confirmation Message form the contract between the Agency and the Client. 2.2 The Client engages the Agency to procure a suitable person to provide the Services to the Client, pursuant to the Conditions. 2.3 The Agency has nominated, and the Client has vetted and approved the Carer to provide the Services to the Client. 2.4 Whilst the Agency uses reasonable endeavours to check a Carer’s background, sole responsibility for determining the suitability of a Carer remains with the Customer. The Agency will not be liable for any special, indirect or consequential loss or damage or any other issues arising from engagement of a Carer by a Customer. 2.5 The Term is set out in the Confirmation Message unless otherwise terminated in accordance with clause 13 of these Terms and Conditions. 2.6 Once a Confirmation Message has been sent by the Agency the Client have a 2-hour cooling off period to cancel a booking. Any changes requested thereafter may incur additional Fees and/or cancellation fees. 2.7 The Agency shall use reasonable endeavours to introduce to the Client, candidates which the Agency considers suitable to work with the Client as required in the Instructions and to perform the additional Services as further set out in the Confirmation Message. 2.8 The Agency does not give any warranty as to the accuracy of the information supplied to it by the Candidates and or the nominated Carer. 2.9 The Client agrees not to approach Carers introduced by the Agency, to accept/entice or engage any form of private engagement for any form of service or category of work between the Client/Carer or any other Individual or Entity associated with the Customer while the Carer is representing the Agency or thereafter for a period of 5 years. 2.10 The Client shall report all Carer offers for extra private bookings immediately to the Agency and request that the Carer contact the agency directly in future.
Agency Fee for Short Term or Temporary Placements 3.1 At submission of a Booking Form, the credit card nominated by the Client will be charged the appropriate Booking Fee as set out on the Website under Babysitter & Casual Nanny Booking Fees & Rates. If for any reason the Agency is unable to confirm the booking a full refund will be paid back to the Client’s nominated credit card. 3.2 For each additional booking the Client must submit a new booking form. Up to 10 sessions can be booked via the Booking Form. 3.3 If a Client engages a Carer or any person introduced to the Client by the Agency for additional sessions directly, without submitting a Booking Form, the Client shall be liable to pay the agency Booking Fee that would have been charged had they appropriately engaged the Agency to complete the booking. 3.4 Where a short term or temporary position subsequently becomes a permanent position i.e. three (3) months or more, the Client shall be required to pay the relevant Agency Fee for the Permanent Placement fee less the amount originally paid for the Short Term or Temporary Placement. 3.5 If a Client engages a Carer or any person introduced to the Client by the Agency within any twelve (12) month period, to provide any services related to or similar to the Services, but fails to inform the Agency within seven (7) days, the Agency Fee will become immediately due, owing and payable, by the Client to the Agency, subject to a 25% surcharge.
Fees 4.1 Agency fee charged to credit card. For all Confirmed Bookings, Agency fee is non-refundable. 4.2 All cancelled bookings will incur a cancellation fee which is paid directly to the booked staff member. Cancelling work at short notice means staff are often unable to rebook new work. 48hrs and less incur our three-hour minimum cancel fee. At the door cancelation incurs our three-hour minimum cancellation fee. Please note variables on longer or over night shifts. TBC on booking confirmation. If the booked staff member cancels for any reason, no agency fee will be charged. And a temporary staff member will be offered to you dependent on availability. 4.3 The cancellation fee will be charged direct to the Customers credit card by the Agency at time of cancellation. 4.3.1 If the Carer’s hours are increased, the Agency reserves the right to re-invoice the Client for any additional fee that is due and payable in accordance with this Contract. 4.3.2 If the Client has to delay the commencement of the Carer’s start date pursuant to this Contract, (for example because of the birth of a baby later than expected) no refund of the Agency Fee or any part there of shall be payable. 4.3.3 The Agency reserves the right to request at any time, in writing, direct payment of a full invoice from a Customer, for example, where a Customer has not made direct payment to the Carer. This will be charged direct to the Customers credit card after Confirmation Message. 4.3.4 The Client shall be liable for and shall indemnify the Agency against all reasonable costs and expenses incurred by the Agency in respect of any steps, actions or proceedings made or brought against the Client by the Agency to obtain payment of outstanding Agency Fees and interest.
Agency Fee for Placement of Permanent Positions 5.1 The Client shall pay the Agency as follows: 5.2 The Recruitment Fee, to be paid on or before the day of Introduction of the most suitable candidate(s) to the Client. 5.3 The Placement Fee, to be paid on confirmation of the placement of the Carer with the Client. 5.4 The Payroll Service Fee, if applicable, is due to be paid on receipt of the invoice issued in relation to the Service.
Additional Fees 6.1 If a Carer is initially engaged by the Client on a temporary basis and is re-engaged by the Client within a period of twelve (12) months’ then the Client shall be liable to pay the Agency, the relevant Agency Fee in relation to the placement of the Carer with the Client. Such fee will be equal to the Agency fee that would have been payable if the Agency had placed the Carer with the Client. 6.2 If the Carer is initially placed with the Client on a short term or temporary basis and the placement is extended or the number of hours and or days is increased, the Client is liable to pay to the Agency an additional Agency Fee. Such fee shall be the Agency Fee which would have been payable at the time of the Introduction in respect of a Permanent Placement after deduction of the Agency Fee already paid by the Client.
Replacement/Refund Policy 7.1 If the Carer does not commence with the Client after accepting the engagement (other than as a result of a breach by the Client of any to the terms of these Terms and Conditions or a result of the Client’s dismissal of the Carer other than on just and reasonable grounds) then the provisions of this clause 11 shall apply, provided that: 7.1.1 the Client has paid the Agency Fee and any other charges under this Contract in full. 7.1.2 the Client has notified the Agency within 1 (1) hour of the Carer failing to commence or terminating the engagement. 7.2 The Agency shall make further Introductions to the Client at no further charge for a replacement for the Carer who has not commenced or has terminated the assignment, or alternatively, in the Agency’s sole discretion, if unable to offer a suitable replacement will refund the Client. 7.3 Once one (1) free replacement has been Introduced to the Client, there are no further refunds or replacements offered to the Client.
Card/ Direct Debit Authority 8.1 The Client authorises the Agency to arrange for amounts that become payable in association with this Contract and the corresponding to be paid by charging a nominated Credit/Debit Card, as nominated by the Client. 8.2 The Client accepts and acknowledges that an additional fee may be applied to payments made by credit card to recoup the ‘merchant service fees’ levied by the relevant credit card provider.
Services 9.1 The Carer shall perform the Services for at least the number of hours listed in the Confirmation Message, unless otherwise agreed in writing by the Client and the Carer. 9.2 The Client must be familiar with and observe the Agency’s written policies and procedures. The Agency reserves the right to amend, change, add to or vary these policies at any time, in its sole discretion.
Responsibilities of the Client The Client shall: 10.1 Specify in full within the Instructions the Services required and specify their exact requirements and the requisite period of time that the Client will require the Services. 10.2 Pay the appropriate Agency Fee as set out in in this Contract. 10.3 Notify the Agency of any changes to the times and dates of engagements in advance. 10.4 Shall be solely responsible for undertaking the following National Employment Standards where applicable: 10.4.1 Work Cover insurance 10.4.2 Superannuation contributions 10.4.3 Paid and unpaid leave entitlements. 10.5 Comply with the conditions of this contract and any other conditions that may be notified to the Client at any time prior to a Service or session commencing. These terms and conditions may be varied from time to time by written notice to the Client. 10.6 Treat the Carer with due regard in relation to their reasonable and comfortable work arrangements and personal needs and ensure a safe and healthy working environment. 10.7 Ensure that any motor vehicle to be used by the Carer is: 10.7.1 Compliant with the relevant road rules (including for child care seats); 10.7.2 Has been properly maintained; 10.7.3 Is registered; and 10.7.4 Is fully insured for all relevant risks.
Liability 11.1 The Client shall notify the Agency in writing as soon as reasonably practicable after becoming aware of any circumstances that relate to any act of the Carer and or the Services which may be a breach of any of the terms and conditions set out in this contract (a Relevant Matter). 11.2 If the Client fails to deliver such written notification to the Agency within 1 (one) week of becoming so aware, it will not be entitled to make any claim against the Agency in relation thereto (and the Agency shall not incur any liability to the Client in relation to such Relevant Matter). In the event that a Relevant Matter is properly notified as above, and subject as otherwise provided herein, the Agency’s liability to the Client in respect of any breach of these terms and conditions or for negligence or otherwise shall not exceed the amount of the Agency fees actually paid by the Client to the Agency pursuant the Conditions in relation to the supply and/or introduction of the relevant Carer to the Client. 11.3 The Client indemnifies the Agency against any claims, losses or liability made against or incurred by the Client and or the Agency in connection with or associated with the Agency’s placement of the Carer with the Client pursuant to the terms of this 11.4 The Agency is not liable for any acts and or any amounts arising from the conduct of the Carer, who is engaged in the capacity as an independent Contractor to provide the services, as stipulated in the Conditions, to the Client.
Termination 12.1 Short Term or Temporary Contracts may be terminated with at least 24 hours notification from the confirmed start time written notice failing which payment of Cancellation Fees will apply as set out in clause 4. 12.2 The Agency may terminate the Contract if the Client fails to affect timely payment of any amounts owing, within one (1) week of such amounts being due owing any payable by the Client to the Agency (any such termination being without prejudice to the Agency’s claim for payments owed). 12.3 Either party may terminate the Agreement by notice in writing to the other if: 12.3.1 the other party commits a material breach of these Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or 12.3.2 the other party commits a material breach of these Conditions which cannot be remedied under any circumstances. 12.4 In the event of termination, the Client shall not be entitled to any refund of the Agency Fee already paid and any Agency Fee due at the date of termination, together with interest thereon and all other sums due to the Agency will immediately become payable in full.
Indemnities 13.1 The Client indemnifies the Agency against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against the Agency) that the Agency may sustain or incur as a result, whether directly or indirectly, of any: 13.1.1 breach of this Contract by the Client; 13.1.2 representations information made or given by the Client in connection with this Contract, whether express or implied, being false or misleading in a material way; 13.1.3 unlawful act or omission by the Client; and 13.1.4 claim against the Agency in relation to any tax, levy, superannuation or any other claims. 13.2 The indemnity in this clause 13 is a continuing indemnity and shall survive the termination for any reason of this Contract.
Confidentiality All information provided by either party to the other, including but not limited to any personal details relating to the Carer and or the Client, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other as the case.
Terms and Conditions Once a booking is confirmed with Lisa’s Staffing Solutions you are agreeing to all the above Terms and Conditions. If the Client does not agree to the above Terms and Conditions as set out at www.lisasstaffing.com.au the Client must notify Lisa’s Staffing Solutions before any confirmed bookings.
