Treasure Tree TERMS AND CONDITIONS
The following are the standard terms and conditions of engagement of Treasure Tree Limited (“the agency”). Please note that the client shall be deemed to have accepted these terms and conditions immediately upon engaging the agency to provide the services specified.
1. Interpretation
1.1 In these terms of trade (“terms”) and any contract to which the terms apply, unless the context otherwise specifies:
1.1.1 Agency means Treasure Tree Limited;
1.1.2 Nanny means an individual to be introduced by the agency to the client for the purposes of providing the services specified;
1.1.3 Client means the person who engages the agency and requests the services;
1.1.4 Fee means the fees payable by the client to the agency pursuant to clause 4 of these terms;
1.1.5 Services means nanny services supplied by the agency and the Nannies from time to time including the introduction of Nannies to the clients;
1.1.6 Terms means these terms of trade as varied from time to time.
1.2 Unless otherwise varied, these terms will apply to the supply of services to the client.
2. Services
2.1 TreasureTree acts as an agent for the client for the purpose of supplying the services which include the introduction of Nanny.
2.2 TreasureTree conduct 7 steps safety check on all TreasureTree Nannies to be sure that they are safe person to work with children and their families.
2.3 Treasure Tree provide ongoing training for all TreasureTree nannies including child first Aid, Early childhood education, Children’s Act 2014, child protection etc.
2.4 TreasureTree agrees to make every reasonable effort to ensure that nannies are appropriate for the services requested but the client must satisfy him or herself as to the suitability of each Nannies in each case and it is the decision of the client to engage the Nanny.
2.5 The client acknowledges that the nannies are not at any time directly or indirectly employed by the agency. The client further acknowledges that the client has the responsibility of engaging the nanny as an employee or independent contractor of the client and as such, the client acknowledges that the client is solely responsible for all obligations for employing nanny from time to time, either on a casual or part-time basis including responsibility for income tax and related tax liabilities.
3. Client Obligations
3.1 All correspondence, communications (either verbal, written or via email) are confidential and the client agrees not to disclose such communications to third parties.
3.2 All Nanny bookings must be made directly between the client and the agency and no bookings are to be made directly with the nanny. Should this obligation be ignored, the nanny is legally obliged to inform the agency and the relevant fees will be charged to the client.
3.3 The client acknowledges that all nanny are to be provided with a safe, warm and friendly environment.
3.4 The client agrees to pay petrol and parking fees if applicable.
3.5 The client will notify the agency immediately of any extension of any temporary placement and agrees further placement fees will apply.
4. Fees and Payment
4.1 All fees are in New Zealand dollars and include GST if applicable.
4.2 The client agrees to pay the agency a booking fee in respect of each placement of a nanny. The fees and charges of the nannies are to be paid by the client direct to the nanny in cash or by other arrangement at the end of each placement.
4.3 Booking fees are payable per day of engagement and if any extension of a booking is made, further daily agency fees will be payable.
4.4 The agency reserves the right not to dispatch a nanny if the agency’s fee has not been received via online booking or internet banking in the agency’s bank account within 24 hours of commencement of the placement.
4.5 The client agrees that there is a minimum 2 hour booking fee payable to the nanny.
4.6 The agency reserves the right to increase its fees at any time.
5. Cancellation Policy
5.1 If cancellation of the nanny placement is made within 12 hours of start time, a minimum of 4 hours will be charged to the client and forwarded onto the nanny.
5.2 If cancellation of the nanny is made within 24 hours of start time, a minimum of two hours will be charged and forwarded onto the nanny.
5.3 If any wedding or event care packages are cancelled within 7 days of the start date, then a 50% charge will occur.
5.4 In the event that a nanny is not able, for whatever reason, to attend a placement, then the agency will use their best reasonable endeavours to procure a replacement nanny but the agency is not responsible for any last minute cancellations or no shows of a nannyr and is not liable to refund the agency fee.
6. Liability and Indemnity
6.1 The agency excludes all liability to the client or any person claiming through the client for any losses, expenses, compensation, damage, injury of any kind whatsoever arising out of or in connection with the provision of the services or for any act or omission of any nanny.
6.2 The agency makes no representation concerning the quality or suitability of any nanny.
7. Disputes
7.1 In the event of any dispute between the parties, then the parties shall first, in good faith, negotiate an agreement to settle such dispute. In the event that such negotiation is unsuccessful, then the parties agree that any difference or dispute between them may be referred to mediation by either party by written notice.
8. Miscellaneous
8.1 The agency reserves the right to decline to provide services to any client without notice and for whatever reason.
8.2 The agency reserves the right to assign, subcontract, license all or any part of its obligations under any contract of services to any other party or person without the client’s consent.
8.3 If any part of these terms is held to be unenforceable for whatever reason, the part concerned will be deleted or modified to the minimum possible extent necessary so that the remainder of the terms are enforceable.
8.4 The client will pay all costs and expenses (including legal fees on a full solicitor/client basis) incurred by the agency in exercising or enforcing any of its rights under any contract of services created by these terms.