This agreement is between ‘Abracadabra Childcare Services’ referred hereafter as ACS, and the client.
- ACS strives to provide appropriate casual and permanent candidates for employment by the client. However, ACS will not accept liability for any loss, damage, delay or expense to the client irrespective of how they occur. The client and if more than one, then jointly and severally hereby indemnifies ACS against all actions, claims, losses and damage made or suffered by any Nanny contracted to or employed by the client pursuant to or as a result of the relationship between ACS and the client formed under these terms and
- ACS acts as an introduction and booking/placement agent only. The parties to any employment or contractor agreement are the client and the accepted candidate only. Any employment agreement is between the client and the accepted
- Introductions of candidates to clients are confidential. Clients requiring further bookings/placements and/or third party referrals must deal solely and directly through ACS. Where casual bookings or permanent placements are made without the prior knowledge of ACS, the client remains liable for standard casual and permanent
- ACS scheduled fees are non-refundable unless otherwise
- By engaging ACS in seeking a candidate to do work for a client, the client agrees to pay all ACS scheduled fees in relation thereto and is taken to accept the terms and conditions hereof.
- If payment is not able to be processed by the due date i.e. at the time of the booking or upon selection of a permanent candidate or upon cancellation from the client, then the client will be invoiced and will be liable to pay an additional late fee of 10% of the total outstanding balance per month. If payment is not received and the matter is referred to a collection agency all further costs of collection will also be payable by the client.
Permanent Candidates (3 Months +)
7. Upon confirmation to ACS of intent to employ an ACS candidate for a permanent placement of a nanny/babysitter the client will be charged the registration fee (+GST) payable by credit card. The placement fee is due and payable by credit card upon selection. The placement will be cancelled if there are insufficient funds or the credit card has expired and there is no alternative form of payment. Guarantee periods are void if the payment is not processed by the due date – this will incur our cancellation fee.
The client shall perform all obligations as an employer including ensuring adequate insurance cover is attained and compliance with any legislation relating to industrial relations, industrial safety, workers compensation, taxation and superannuation.
• Cancellation of a permanent placement or confirmation of intent to employ by the employee up to commencement of employment – ACS will provide a replacement candidate within a three month period at no extra cost to the client. If the client does not choose to have ACS find a replacement or if the placement is made elsewhere by the client, the full scheduled fee is still payable and no refund will be provided.
• If the client does not choose to select one of the candidates introduced by ACS, the placement is made elsewhere or put on hold, or if cancellation is received by the client at any time after registration with ACS, then the client will be liable to pay 30% of the quoted fee which will be charged to the credit card details provided on the client’s registration with no refund provided. However, the client may choose to have a percentage of the cancellation fee issued as a credit against one (1) further permanent placement upon re-registering with ACS within one year from the original commencement date. The percentage of the credit is calculated as follows; 0-12 weeks (75%), 13-26 weeks (50%), 27-52 weeks (25%) which are applied from the original commencement date.
• Should an employee leave of his or her own accord within three months from commencement date – The client is entitled to a 50% fee discount on the next permanent placement. If an employee leaves of his or her own accord outside this period, ACS will offer a 25% reduction in the scheduled fees if the client selects an ACS candidate for a permanent placement within one year from the original commencement date.
• Special circumstances warranting termination within three months – If termination of employment becomes necessary due to proof of financial trauma or emotional trauma within the client’s family, the fully paid scheduled fee may at the discretion of ACS be fully refunded except that a casual placement fee for each day worked will be deducted from the refund.
9. Should a candidate prove to be unsuitable for any reason during the guaranteed one month trial period – ACS will provide a replacement candidate within a three month period at no extra cost to the client. If the client does not choose to have ACS find a replacement or if the placement is made elsewhere by the client, the full scheduled fee is still payable and no refund will be provided. However, the client may choose to have 25% of this amount issued as a credit against one (1) further permanent placement upon re-registering with ACS at anytime required by the client.
Casual Candidates (4 Hours – 3 Months)
- Upon confirmation to ACS of intent to register as a client with ACS for a short/long term casual placement of a nanny/babysitter the client will be charged the full scheduled booking fee (+GST) payable by credit card provided upon the clients registration. The booking will be cancelled if there are insufficient funds or the credit card has expired and there is no alternative form of payment – this will incur our cancellation
- If the Client requests to pay the candidate directly, the client must pay the candidate upon completion of work. Else, if the client requests ACS to pay the candidate on the client’s behalf then the agreed hourly rate will be charged for the hours worked to the Credit Card details supplied by the Client at the time of the Client’s Registration with ACS. All bookings hold a minimum 4 hours per booking per day. Clients may engage in a 14 Day Term invoice arrangement if engaging in ACS
- Casual Bookings made from anywhere between 4 Hours to 14 Days
If ACS receives a cancellation of a booking from a client, the full scheduled booking fees still applies. In addition, if the client cancels a casual booking within 24 hours from commencement of the assignment, the client will be liable for payment to the Nanny for 4 hours work for each day booked. ACS will use discretion on negotiations concerning cancellation under special circumstances.
- Casual Bookings made for 15 Days or more
- If ACS receives a cancellation of a booking from a client within 3 days prior to the assignment being performed, the full scheduled booking fees still applies. If ACS receives the cancellation outside of 3 days prior to commencement, the client can request that their credit card account be credited with 50% of the paid fee. In addition, if the client cancels a casual booking within 3 days prior to the assignment being performed, the client will be liable for payment to the nanny, 4 hours per day that were due to be undertaken. ACS will use discretion on negotiations concerning cancellation under special
- If the client during an assignment makes a request for cancellation the abovementioned rules will also apply. ACS will use discretion on negotiations concerning cancellation under special
- Should a casual candidate prove unsuitable for any lawful reason – The client will be reimbursed the paid fee in full providing ACS is notified and the candidate leaves the premises of employment within two hours of
Should a casual candidate need to leave due to illness prior to completing the required number of hours to be worked on any one day/eve she/he is to be paid by you the client for the number of hours worked only. The booking fee will not be refunded however, we would endeavour to replace the candidate for that day only upon your request at no extra charge.