terms and conditions for Clients

1.      Definitions

"Candidate" means a child care professional who is registered with Us and who we refer and/or introduce to You for potential  employment as a Nanny.

"Fees" means the fees You agree to pay Us in consideration of Our providing the Services and which are as published in Our Fee Schedule - fee schedule.

"Services" means the services We perform in introducing a Candidate to You for placement as a Nanny described in clause 2.

"We", "Us" or "Our" means Gumnut Nannies Pty Ltd ACN 654 337 201 and its employees, directors, officers, associates and/or agents.

"You", "Your" means the person/family/employer who has registered as a Client to use Our Services.

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2.      How Our Services Work

2.1       Once You have registered with Us and paid the non-refundable Administration Fee, We will conduct a recruitment process for You that includes:

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(a)     interviewing all potential Candidates in person or via Audio Visual Link;

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(b)     performing reference checks;

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(c)     obtaining results of a current Working with Children Check and National Police Check in respect of each Candidate; and

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(d)    obtaining evidence of current First Aid qualifications (including unit standard HLTAID003) or evidence the Candidate has booked      into a course to obtain that qualification;

 

(e)      we investigate the visa status for overseas applicants however please note that where You decide you would like to offer an overseas Candidate employment, it will be Your responsibility as their employer to verify their legal entitlement to work in Australia.

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2.2         We will promote Your vacancy through Our website and assist You in matching Your vacancy with the most suitable Candidate in Our pre-qualified database and provide You with a shortlist of Candidates available.  

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2.3         Once You have found a Candidate You wish to employ, You will then notify Us and We will assist You in preparing an employment contract with the Candidate.  You must pay 30% of the relevant placement Fee prior to interviews and the balance after the Candidate has successfully completed three (3) weeks of employment with You.

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2.4         We will undertake the Services in a conscientious manner, with due diligence, skill and care and to the best of Our ability and judgement.

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2.5         Despite Our investigations You agree and acknowledge that We cannot guarantee and neither do We warrant all of the information Candidates provide Us is correct or their suitability for a placement with You and/or their reliability, honesty and character. 

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2.6         You agree that You are responsible for satisfying Yourself as to the appropriateness of a Candidate prior to offering them employment.

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3.      Client Obligations

3.1       You expressly warrant and agree that any or all placements of Candidates introduced to You by Us are to be made directly between You and Us and that no bookings or offers of employment will be made directly by You to the Candidate. Should You make an offer of employment directly to the Candidate You agree that You will nonetheless be liable to pay Us a placement fee.

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3.2       You must notify Us immediately if any extension of a placement occurs and acknowledge and agree that further placement fees will apply and become payable by You to Us.

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3.3       Where a Candidate that We have introduced to You has also been introduced via a third party (agency, another website, advertisement etc), You agree to notify Us and to pay Us the relevant placement fee unless and until You can demonstrate to Our reasonable satisfaction the third party was first in time to make the introduction or referral of the Candidate.   

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3.4       Where You offer a Candidate employment You acknowledge and agree that You will be entering into an employment contract with the Candidate and will be their legal employer.  We will not be the employer of the Candidate.

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3.5       As the legal employer of the Candidate You agree that you must:

(a)     comply with Your obligations under the Work Health & Safety Act 2011 (NSW) and its regulations (as amended from time to time) including, but not limited to, ensuring You provide the Candidate with a clean and hygienic living and working environment and a safe workplace;

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(b)     comply with Your employment, workplace and/or industrial obligations;

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(c)     pay the Candidate their wages and any other monies or out of pockets in accordance with the employment contract as well as accounting to the ATO for PAYG income tax payments and making superannuation contributions in accordance with Your statutory obligations;

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(e)     satisfy Yourself that the Candidate is and remains eligible to work in Australia and obtain and pay for any relevant work permits/visas/immigration requirements that may be necessary as well as any medical examinations or investigations or travel insurance where applicable;

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(f)      where You will require the Candidate to drive a vehicle as part of their duties, ensure the Candidate has and continues to hold a current and valid driver’s licence and are familiar with the relevant road rules;

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(g)     ensure any vehicle that You wish the Candidate to drive is fully insured, roadworthy, and has passed the appropriate state vehicle safety inspections.

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3.6       You agree that We are not responsible for:

(a)     any traffic offences, insurance claims, or parking infringements incurred by the Candidate; and

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(b)     the Candidate's driving ability or skills (or lack thereof).

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3.7       If You disclose information about a Candidate to any third parties (i.e. friend, family member or colleague) who, acting on that information, subsequently offers to employ or employs/engages a Candidate referred and/or introduced to You by Us, You agree that You are liable to pay Us the applicable Fee.

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4.       Fees

4.1       In consideration of the provision of the Services, You agree to pay Us the Fees set out in Our Schedule of Fees - fee schedule

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4.2       Unless otherwise stated, all fees published in our Fee Schedule (fee schedule) is in Australian dollars ($AUD).

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4.3       You agree that the upfront Administration Fee payable on registration with Us as a Client is non-refundable.

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4.4       Our invoices will be sent to You via email with payment due within five (5) business days of issue via bank deposit or otherwise by prior arrangement.

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4.5       We reserve the right to withhold and/or suspend the interview process if Our invoice has not been paid in full by the due date.

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4.6       Overdue accounts will incur interest of 8% per annum calculated daily from the day immediately after the due date for payment to the day on which the amount is paid in full.   If the debt is referred to a collection agency and/or legal proceedings are initiated, You will be liable for Our costs (including but not limited to legal costs and disbursements).

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4.7       If the Candidate’s days of permanent employment or a temporary contract have been extended then the appropriate placement fee will be invoiced, i.e. positions extended for more than three (3) months will be treated as an extension to a permanent placement, and subsequently invoiced. 

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4.8       You agree to inform Us if a permanent placement or temporary contract requires additional days or extended hours from the initial request and/or terms of the original placement.

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4.9       We reserve the right to increase our Placement Fees and/or the rate of interest that applies to overdue accounts at any time.

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5.      Cancellation Policy

5.1       If You cancel and/or terminate the employment of a Candidate before the agreed start date, You will be liable for 50% of the placement fee.

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5.2       If the Candidate cancels and/or terminates their employment with You before the agreed start date then a full refund of any placement fee paid by You will be given on condition that We are given the first option of finding a suitable replacement.

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5.3       We reserve the right to cancel a Candidate's placement with You immediately and in Our absolute discretion (and without penalty or forfeiture of any fees paid by You) where We reasonably form the view that the Candidate has been mistreated or harmed in any way and/or is being requested to work, or is working, in an environment that is unsafe or non-compliant with Your work health and safety obligations.

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6.      Refunds & Guarantee

6.1       Should a Candidate leave Your employment within three (3) weeks from commencing (Probationary Period):

(a)       We offer to provide You with up to three (3) alternative Candidate profiles within two (2) months of being notified of the original Candidate leaving; and

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(b)       Where You find the replacement Candidates unacceptable We are entitled to retain the 30% of any placement fee paid by You and refund the balance to You (where it has already been paid).

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(c)        Where You find a replacement Candidate acceptable and offer them a placement You agree that You will be liable for the full placement fee.

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6.2      The Guarantee in clause 6.1 will only apply where invoices issued by Us for the original placement fee up to and including the date on which the Candidate ceased employment with You has been paid in full.

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6.3      The Guarantee in clause 6.1 does not apply if the Candidate has left the position due to unsafe and/or unreasonable working conditions, change of location, change of job description, change of mind by You or if clause 5.3 applies.

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6.4      A placement will be deemed as satisfactory after the Probationary Period has expired.

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7.        Liability and Insurance

7.1       You agree that You are responsible for ensuring that Your Home Contents Insurance includes cover for Employers and Public Liability insurance for domestic workers, including childcare.  You indemnify Us in respect of any damage or injury to the Candidate and/or their property arising from any act or omission by You and/or any other person during the course of their employment with You.

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7.2       To the full extent permitted by law, We expressly exclude all representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and You agree that We will not be liable for any loss or damages whatsoever or howsoever caused, including without limitation any direct, indirect, special, consequential, punitive or incidental damages or damages for loss which may result from either Your use of Our Services or Your employment of a Candidate We have introduced to You.  

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7.3       In providing the Services We act as an agent for You and not as an employer of the Candidate. We accept no liability or responsibility for any loss, claim, damage to property (whether owned by You or any other person) or damage or injury to any person (including death) arising as a result of or caused by any act or omission by the Candidate, You and/or any third party during the course of their placement with You and You expressly agree to indemnify Us and hold Us harmless from all such loss and damage.

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8.      Confidentiality

8.1      All communication between the parties shall remain confidential.

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8.2      In order to register with Us for provision of the Services, We will request personal information such as Your name, address, phone number and Your email address. We will keep this information secure in accordance with Our privacy policy which can be found at privacy policy.

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8.3      You must not disclose and always agree to keep confidential:

(a)     personal information of Candidate(s), including any and all identifying information along with the contents of any documents/emails forwarded to You by Us on the Candidate’s behalf; and

(b)     any correspondence or communication, either verbal, written (including via text, via Messenger or other social media platform and/or email) between You and Us in relation to the Candidate, their information and/or prospective and/or final terms of employment.

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9.      Website terms of use

9.1       You are permitted to use Our website so long as You do not:

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(a)     Disseminate, use or reproduce any of the materials found on the website for commercial purposes without first obtaining            permission from Us to do so;

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(b)     Commit or encourage the committal of a criminal offence or violation of any laws through Our website, products or services;

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(c)     Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene or related to dishonest or criminal activity;

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(d)     Hack into any aspect of the service, corrupt data or cause annoyance to any other users;

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(e)     Infringe upon the rights of any other person's proprietary rights;

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(f)      Send any unsolicited advertising or promotional material, often referred to as spam; or

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(g)     Attempt to affect the performance or functionality of any computer facilities access through this website.

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9.2       Breaching these conditions may result in Your access to the website and/or provision of the Services being permanently suspended or terminated, at Our discretion.

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9.3       By accessing Our website, You assume all risk associated with its use including, but not limited to, the risk of Your computer or other device being damaged by any virus or malware transmitted by the website or any third-party content, third-party website or third-party themselves.

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10.     Intellectual Property

10.1     The website is owned and operated by Us and We and/or a third-party who has authorized Us to use its content are the copyright owner(s) of the content of this website.  No part of this website may be reproduced, adapted, performed in public or transmitted in any form by any process without Our prior express written permission.  All rights are reserved.

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10.2     You have no right to, nor any rights to any of the content found on Our website, other than to access and display the website's content for personal and non-commercial purposes.  

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10.3     The website may contain links or display the content of a third-party website operated by other organisations or individuals. These websites are not under Our control, and as a consequence We do not make any warranties or claims regarding the third-party content or websites. Access to third-party websites and any products, services or information taken from those third-party websites is done so at Your own risk.   We make no warranties or representations that Your use of any materials on this website or third-party websites will not infringe any third-party rights.

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11.     Disputes

We prefer to resolve any disputes via mediation – please contact Us via email at georgie@gumnutnannies.com.au with full details of any issue or dispute that arises in the provision of the Services and/or these Terms and Conditions.

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12.     General

12.1     These Terms of Conditions are governed by the laws in force in New South Wales, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia and any courts which may hear appeals from those courts.

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12.2     These Terms and Conditions and any document expressly referred to in them constitutes the whole agreement between You and Us and supersedes any previous discussions, correspondence, negotiations, understandings or agreements relating to the products or services contained on the website.

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12.3     If a provision of these Terms and Conditions are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

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12.4     A failure or delay by Us or You enforcing any provision in these Terms and Conditions is not to be interpreted as a waiver of Our rights or remedies.

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12.5     We reserve the right to amend these Terms and Conditions from time to time.   Amendments will be effective immediately upon notification to the website.  Your use of the website following such notification will represent an agreement by You to be bound by the terms and conditions as amended.