In exchange for the services rendered and to be rendered, Client agrees to make the payments as promised in this Agreement.
1. Client has paid a one-time non-refundable Membership/Application Fee of $275.00 and has become a member of Service for the purpose of obtaining the assistance of Service in locating a person (hereinafter called "NANNY”), to assist in caring for child or dependent on a full time, part-time, on-going, or temporary basis.
2. Client agrees that if he/she/they use(s) the services of a Nanny referred by Service pursuant to the terms and conditions of this Agreement, Client shall be liable to Service for any and all fees specified in this Agreement. Client further agrees that if the Nanny is hired on a Temporary, Occasional, Part-time or Summer basis for any type of work, including non-dependent care services, and is later used on a more than Temporary, Occasional, Part-time or Summer basis, Client shall pay the appropriate fees for such increased services. Each of the undersigned further acknowledges that any and all information, including, but not limited to, the Candidate's file, is confidential and the property of the Service. Because I/we acknowledge that such proprietary information is confidential, I/we agree not to disclose to any person or entity the name and address or any other information relating to any Candidate. I/we further agree to compensate the Service a placement fee in the event that I/we hires or refers any candidate introduced to me/us by the Service to a third party who hires the services of the nanny within two years of introduction.
3. Nannies referred by Service are defined as care givers 18 years of age or over who come into Client's home or other place as designated by Client and care for children or other dependents. A Nanny shall in no event be an employee of Service, but rather shall be an employee of Client. The Client is responsible for any payroll taxes, benefits, etc. to the nanny.
4. Referral for on-going services of Nannies shall be classified as follows:
(a) FULL TIME: Care by which an ongoing and regular arrangement is made between Client and Nanny where the Nanny works 31 hrs./wk. or more.
(b) PART-TIME: 20-30 hours. Care by which an ongoing and regular arrangement is made between Client and Nanny where the Nanny works anywhere between 20 and 30 hours per week.
(c) PART TIME: 1-19 hours. Care by which an ongoing and regular arrangement is made between Client and Nanny where the Nanny works anywhere between 1-19 hrs. /wk.
5. (a)If Client offers employment to Nanny and Nanny accepts offer, and for any reason, other than an unacceptable background check, Client changes his/her/their mind whereby Nanny does not begin work for Client, then Client pays only a nominal fee not to exceed $300.00 to help defray costs of administration, computer work and background checks.
(b)Client agrees to pay directly to Service a fee for the assistance provided in accordance with the schedule set forth below:
Fee Schedule*
Part Time: to 19 hrs/wk - 4.5 x Nanny's weekly salary (minimum fee $1,200)
Part Time: 20 - 30 hrs/wk - 4.5 x Nanny's weekly salary (minimum fee $1,800)
Full Time Live-out Nanny (Over 30 hours/week) - 4.5 x Nanny's weekly salary (minimum fee $2,400)
TutorCare™ (Sept. June, afterschool, school age children, max. 20hrs/wk) - 4.5 x Nanny's weekly salary (minimum fee $900)
Summer Nanny (maximum 12 weeks) - 2.5 x Nanny's weekly salary (minimum fee $600)
All Final Referral Fees are non-refundable with a conditional pro-rated Credit Guarantee of 16 weeks.
New Search Fee - $150.00, which is the cost to reactivate your file and start a new search ($75.00 applied to Referral Fee at time of hire).
*Subject to Change
6. a). All fees are due at the time the Nanny begins employment. The first day of hire/employment is considered the first day the nanny works for you, regardless of how many hours.
b). Payment may be made by cash, check, money order, or a major credit card.
Fees not received in Service's office when due will automatically be charged to Client's credit card and Client hereby authorizes such charges. Make checks out to A Choice Nanny. Checks may be sent to:
Jacrac, LLC, A Choice Nanny
P.O. 132, Montvale, NJ 07645
c). Payment of fee must be guaranteed by a major credit card or paid in advance for the estimated fee. Credit card payments are charged to Client's credit card and Client hereby authorizes such charges according to the above Fee Schedule.
d). Credits against fees may be extended by the Service in accordance with Credit Policy in effect at the signing of this Agreement.
e). Credits against fees may be extended by the Service in accordance with Credit PoLicy in effect at the signing of this Agreement.
7. This Agreement cannot and should not be construed or interpreted as a partnership or joint venture between the Client and Service. Client acknowledges that he/she/they have signed the Client Acknowledgment Release.
8. Any controversy or claim above Small Claims Court limit arising out of or relating to this Agreement shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties hereto agree that the arbitration shall be held at an office recommended by the American Arbitration Association in Bergen County, NJ·
9. The parties acknowledge that they have read and understand all the terms and conditions set forth in this Agreement. This instrument constitutes the entire Agreement and all prior negotiations and understandings have been merged herein. No modifications of this Agreement shall be valid unless in writing
and executed by the parties.