Terms & Conditions Contract
RECITAL:
WHEREAS, Client desires to retain the Company’s services to assist in finding a home-care service provider (“Provider”) and Company desires to provide such services to Client all as specifically set forth herein.
AGREEMENTS:
NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. SERVICES.
a. The Company shall provide certain advisory services to Client (“Services”) in connection with Client’s desire to find a Provider.
b. The Company shall identify within 30 - 90 business days, and give Client in person access to up to 3 available Providers, and the Client must then decide, in its sole discretion, which Provider to hire, if any. Then, the Client will be solely responsible for the Provider relationship and any contract or agreement between Client and Provider going forward and Company shall not be a party to such agreement or contract. Further, the Client will be solely responsible to pay all applicable Provider wages, taxes, expenses and related costs and expenses. The Company does not represent or warrant that any Provider shall accept, or be available for, employment if offered by Client. The Company shall find the Client a new nanny at a reduced rate of $0 if the Client feels the nanny is not a good fit for the family. Further, if the nanny is not a good fit, the Company will only replace the nanny once. However, for reasons other than not being a good fit, the Company will find the Client a new nanny at a reduced rate of $0 within 30 days of placement.
c. Non-Responsiveness & Extended Search Clause- If (a) Client fails to respond to Company after three (3) attempts, (b) a placement has not been secured within ninety (90) days of signing this Agreement and/or executing the search, or (c) Company has presented at least three (3) candidates who, in Company’s sole discretion, are reasonably qualified for the position (“Viable Candidates”), Client shall be required to pay an additional non-refundable deposit of one thousand dollars ($1,000.00) to continue service. If Client materially changes the job description requiring a new search, the deposit will not be applied and will remain non-refundable.
d. Nanny & Nanny/Household Assistant Placement: Replacement Policy- If the initially placed candidate separates from employment within the replacement period included in Client’s selected package, Company will make reasonable efforts for up to thirty (30) days to provide one (1) replacement candidate. Client must invoke the Replacement Policy within thirty (30) days of the candidate’s last day of employment. Company’s obligation is conditioned upon Client’s full compliance with this Agreement, including but not limited to: (1) Timely payment of all fees, (2) Notification to Company within 48 hours of termination, (3) Compliance with all applicable employment laws, (4) No material changes to job duties or job description (5) Providing a fully executed work agreement by the candidate’s first day (1) Absence of harassment, abuse, or misconduct. Determination of compliance is at the sole discretion of Company. This policy does not apply if the candidate resigns at the conclusion of the replacement period.
e. The term of this Agreement shall commence on the Effective Date, and shall automatically terminate upon completion of the Services by Company and delivery of Provider names to Client (the “Term”).
f. Notwithstanding the Term of this Agreement, either party hereto may terminate this Agreement, for any reason, or no reason, upon providing the other party with a ten (10) day prior written notice of termination; provided, however, that if Client wishes to terminate prior to expiration of the Term, it shall pay for all Services provided by Company through the date of termination in the amount invoiced to Client by Company.
2. PAYMENT AND INVOICING TERMS.
a. Payment for Services: The Company will be paid as follows: $2,500.00 per Provider search. All checks should be made payable to: Golden Touch Baby Concierge, LLC, Or payment can be made online via website. All payments due upon receipt.
b. Invoicing: Invoices will be submitted by Company to Client. Partial ($1,000) of the payment is due upfront, which is a non-refundable deposit. The other payment ($1,500) is due at the completion of each Provider Search and prior to work in the home starting.
c. Back Up Child Care. To access back-up childcare services, Client shall pay two hundred fifty dollars ($250.00) upfront for up to three (3) days of care. Additional days are billed at fifty dollars ($50.00) per day.
d. Night Nanny/ Newborn Care Specialist. For placement of a Night Nanny or Newborn Care Specialist, Client shall pay a non-refundable placement fee of two thousand five hundred dollars ($2,500.00), due prior to work commencing.
e. Temp Placements. For placements lasting less than three (3) months, Client shall pay a placement fee of one thousand five hundred dollars ($1,500.00).
3. LIMIT ON LIABILITY. The Client acknowledges and agrees that the Company shall not be held liable for any claims, damages, costs or expenses arising out of Services rendered by Company, or any of its agents, employees, representatives, contractors, owners, members or managers, or arising out of the acts, errors or omissions of Provider. The Company shall have no liability, responsibility or duties to Client after Client has been provided names of the Providers by Company. Client acknowledges that Company is not acting as an agency or search firm, and Client is solely responsible for any decision to hire any Provider.
4. MISCELLANEOUS.
a. Entire Agreement. This Agreement contains the entire agreement of the Parties hereto and supersedes all prior agreements, contracts and understandings whether written or otherwise between the parties relating to the subject matter hereof. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute once and the same instrument.
b. Assignment. This Agreement shall be binding upon and shall inure to the benefit of each party and to their respective agents, successors and permitted assigns. Neither party may assign its rights hereunder without the prior written consent of the other party.
c. Modification. Any modification or amendment to this Agreement must be in writing and executed by all parties hereto.
d. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan.
e. Proprietary. All nannies hired by client cannot under any circumstances be shared or referred to anyone else or fees will occur.