Educare Nannies Pty Ltd terms and conditions for clients
By using our services at Educare Nannies Pty Ltd (by completing the inquiry form or otherwise), you agree that you have read, understood, and will be bound by our Terms and Conditions. Please read them carefully.
Terms and Conditions
1.0 Contract
1.1 The Terms & Conditions below form a legal agreement between you, referred to as You or the Client, and Educare Nannies Pty Ltd (ACN 666 924 278), referred as Educare Nannies®.
1.2 By completing the Inquiry Form on the Educare Nannies website at www.educarenannies.com you’re immediately accepting and agreeing to these Terms & Conditions. You may also accept these Terms and Conditions in another way, for example, verbally to an Educare Nannies representative, by emailing Educare Nannies or by otherwise engaging Educare Nannies.
1.3 In these Terms & Conditions:
Client and You means the person accepting these Terms & Conditions, which may be an individual or a company.
Educare Nannies means Educare Nannies Pty Ltd (ACN 666 924 278)
Potential Nanny is any person within Educare Nannies’ network or that Educare Nannies advertises to in order to fill a role sought by you.
A Nanny Candidate is any person that is recommended or introduced by Educare Nannies to the Client, whether engaged or used by the Client or not.
1.4 These Terms & Conditions are legally binding on the Client.
1.5 Providing false, incomplete, inaccurate, or illegal information to Educare Nannies is not allowed and could lead to legal action.
2.0 Role of Educare Nannies and Fee Structure – Permanent Nannies (Full time and Part time)
2.1 Educare Nannies will use personal details provided by you in order to create an advert for Potential Nannies for a Permanent Nanny role and you agree to disclosure of your personal information to all Potential Nannies.
2.2 You agree to pay Educare Nannies a one-time, non-refundable engagement and search fee of $375 (including GST) (Search Fee), which is due and payable at the time of completing the Inquiry Form on the Educare Nannies website (prior to Educare Nannies searching for, or advertising to, Potential Nannies).
2.3 Educare Nannies will identify a Nanny Candidate for you and arrange an initial meeting (if requested by you) between you and the Nanny Candidate. If you would like to proceed, Educare Nannies will arrange a 2 week trial of that Nanny Candidate (Trial Period). The Trial Period commences on the date the Nanny Candidate first starts work with you and ends 14 days later (Trial End Date), irrespective of the hours the Nanny Candidate has worked in that time.
2.4 At any time prior to, or during, the Trial Period, you may, acting reasonably, inform Educare Nannies in writing that the Nanny Candidate is unsuitable (and you must specify the reason for that unsuitability) and Educare Nannies will, as soon as reasonably practicable, identify a further Nanny Candidate for you without charge of any further Search Fee. This does not apply if the Nanny Candidate is unsuitable because your requirements as communicated to Educare Nannies have changed, in which case Educare Nannies may, in its sole discretion, charge a further Search Fee. If you do not notify Educare Nannies in writing within the Trial Period that the Nanny Candidate is unsuitable, the Nanny Candidate will be taken to have been placed with you on the Trial End Date and the below Placement Fee will be due and payable.
2.5. In the event a Nanny Candidate informs Educare Nannies within the Trial Period that the Nanny Candidate does not wish to be placed, Educare Nannies will, as soon as reasonably practicable, identify a further Nanny Candidate for you without charge of any further Search Fee.
2.6 You agree to pay Educare Nannies a placement fee as specified in the table below (Placement Fee).
| Days/week Nanny Candidate is placed for | Placement Fee (including GST) |
| 1 day | $2130 AUD |
| 2 days | $2600 AUD |
| 3 days | $3320 AUD |
| 4 days | $4200 AUD |
| 5 days | $5280 AUD |
2.7 The Placement Fee is due and payable to Educare Nannies when the Nanny Candidate is placed with you. This will be on the Trial End Date (or earlier, if agreed between you, the Nanny Candidate and Educare Nannies). Payment for the Placement Fee is to be made on the Educare Nannies webpage.
2.7 Hourly rates for a Nanny Candidate and any other compensation (such as petrol or parking fees) will be payable directly to the Nanny Candidate, including for the Trial Period.
2.8 It is the responsibility of the Client and Nanny Candidate to arrange and implement employment terms between the Client and the Nanny Candidate. The Client agrees that they are the employer of the Candidate – not Educare Nannies. Educare Nannies takes no responsibility for any liabilities or obligations arising out of the relationship between the Client and Nanny Candidate, other than as contained in these Terms & Conditions. By way of example only, it is the responsibility of the Client :
- to abide by all the statutory obligations for employing a nanny;
- to comply with any tax and superannuation requirements;
- to obtain necessary or desirable insurance (for example Home Contents Insurance that includes coverage for Employers and Public Liability insurance);
- where the Nanny Candidate is required to drive, to ensure the Nanny Candidate at all times has a current and valid driver’s license suitable for the purpose(s) required by the Client.
2.9 In the event a Nanny Candidate who has been placed with a Client leaves employment within 4 weeks of being placed, Educare Nannies will offer two replacement Nanny Candidates without charge of any further Search Fee or Placement Fee. Educare Nannies is not obliged to offer any further replacement Nanny Candidates, or give any refund of the Search Fee or Placement Fee, if the Client finds the two replacement Nanny Candidates unacceptable and does not want to place either of the replacement Nanny Candidates.
2.10 This guarantee does not apply if the Nanny Candidate has left the Client due to unreasonable working conditions, change of location of the Client, change of job description by the Client, change of mind by the Client, or if Educare Nannies believes in its sole discretion that the Nanny Candidate has been unreasonably treated.
2.11 Permanent nannies are nannies that are required for a consecutive period of 12 weeks or more.
3.0 Role of Educare Nannies and Fee Structure– Casual Nannies
3.1 Educare Nannies may use personal details provided by you in order to source Potential Nannies for a casual nanny role and you agree to disclosure of your personal information to all Potential Nannies.
3.2 Educare Nannies will identify a casual Nanny Candidate for you and will book the Nanny Candidate for the shift(s) specified by you.
- You agree to pay Educare Nannies a booking fee (Booking Fee) of $45 per day that a casual nanny is booked, or $50 per day if less than 24 hours notice is given. The Booking Fee is due and payable at the time of completing the Inquiry Form on the Educare Nannies website.
- If the Nanny Candidate does not for any reason show up for the shift(s) specified by you Educare Nannies will refund the Booking Fee.
- Hourly rates for casual nannies and any other compensation (such as petrol or parking fees) will be payable directly to the Nanny Candidate.
3.6 If you cancel a casual nanny booking:
- Educare Nannies will refund the above booking fee, unless cancellation occurs within 72 hours of the agreed start time (in which case no refund will be given)
- If cancellation occurs within 4 hours of the agreed booking start time, you agree to pay Educare Nannies the full amount that would have been paid to the casual Nanny Candidate and this will be forwarded on to the casual Nanny Candidate.
4.0 Role of Educare Nannies and Fee Structure– Night Nannies
4.1 Educare Nannies may use personal details provided by you in order to source Potential Nannies for a night nanny role and you agree to disclosure of your personal information to all Potential Nannies.
4.2 You agree to pay Educare Nannies the Search Fee ($375 including GST) for night nanny requests, which is due and payable at the time of completing the Inquiry Form on the Educare Nannies website.
4.3 Educare Nannies will identify a night Nanny Candidate for you and will book the Nanny Candidate for the shift(s) specified by you. In the event Educare Nannies cannot identify a night Nanny Candidate for you, Educare Nannies will refund the Search Fee.
4.4 In addition to the Search Fee, you agree to pay Educare Nannies a booking fee of $45 per night that a night nanny is booked. The Booking Fee is due and payable at the time of completing the Inquiry Form on the Educare Nannies website.
4.5 If the night Nanny Candidate does not for any reason show up for the shift(s) specified by you Educare Nannies will refund the Booking Fee.
4.6 Hourly rates for night nannies and any other compensation (such as petrol or parking fees) will be payable directly to the Nanny Candidate.
4.7 If you cancel a night nanny booking:
- Educare Nannies will refund the above booking fee, unless cancellation occurs within 72 hours of the agreed start time (in which case no refund will be given)
- the night nanny Search Fee is non-refundable; and
- if cancellation occurs within 4 hours of the agreed booking start time, you agree to pay Educare Nannies the full amount that would have been paid to the night Nanny Candidate and this will be forwarded on to the night Nanny Candidate.
5.0 Clients obligations generally
5.1 Any form of communication by, to or between Educare Nannies and/or the Client, or any other information obtained by the Client in the course of dealings with Educare Nannies, whether verbal, written, or via email, is considered confidential to Educare Nannies, and the Client agrees not to disclose this information to third parties. This includes the identity of all Nanny Candidates. If the Client discloses information about a Nanny Candidate to any third parties (such as friends, family members, or colleagues) who subsequently employ or engage the Nanny Candidate, the Client agrees to pay the applicable fees charged by Educare Nannies.
5.2 For the avoidance of doubt, the above confidentiality requirements do not apply to information obtained from you by Educare Nannies in order to search for, or advertise to, Potential Nannies.
5.3 All arrangements for the placement, use or booking of any Nanny Candidate (whether night, casual or permanent nannies) must be conducted between the Client and Educare Nannies. If you place, book, engage, use or offer employment to any Nanny Candidate directly, you must immediately inform Educare Nannies, and the relevant fees will be charged to you.
5.4 You agree to notify Educare Nannies immediately if any extension of any placement or booking occurs and agree further fees will apply (as applicable).
5.5 If Educare Nannies determines, in its sole discretion, that there is sufficient negative feedback regarding the Client, Educare Nannies may refrain from referring any Nanny Candidates to the Client.
5.6 The Client agrees to comply with all applicable Health and Safety laws in respect of the Nanny Candidate and to provide a clean, hygienic living environment, as well as a safe workplace for the Nanny Candidate.
5.7 Educare Nannies reserves the right to immediately cancel any nanny services (without refund) if the Nanny Candidate is mistreated, working in an unsafe environment, or harmed in any way.
6.0 Payment terms
6.1 In the event fees are not paid in accordance with these Terms and Conditions, a penalty interest rate of 25% per annum will apply.
6.2 Educare Nannies reserves the right to withhold dispatching a Nanny Candidate (whether Night Nanny, Casual Nanny or Permanent Nanny) if the relevant fee has not been received when due under these Terms & Conditions.
6.3 Educare Nannies may adjust the fees in these Terms and Conditions at any time.
7.0 Liability, warranties and indemnities
7.1 By utilising the services of Educare Nannies, the Client explicitly grants permission for Educare Nannies to gather and publicise information as outlined in these Terms and Conditions. The Client also expressly waives any rights, whether statutory or common law, to take legal action against Educare Nannies due to the publication of such information, irrespective of the Client’s perception of its fairness and accuracy.
7.2 Educare Nannies verifies the background of all Nanny Candidates to ensure suitability for our services. However, we cannot guarantee the accuracy of all information and Educare Nannies has no liability for any misrepresentation made by a Nanny Candidate (either to Educare Nannies or to the Client).
7.3 The Educare Nannies website may feature links to third-party advertisements and sites. Accessing any other Internet site linked to the Educare Nannies website is undertaken at the Client’s own risk. Educare Nannies assumes no responsibility for the accuracy or reliability of any information, opinions, or statements presented in third-party advertisements or on third-party sites.
7.4 The Client will indemnify Educare Nannies against any claims arising from the Client’s interactions with, or treatment of, a Nanny Candidate, regardless of the circumstances.
7.5 Educare Nannies® Agency retains the right to modify these Terms & Conditions at any time.
8.0 Privacy
8.1 Please view our Privacy Policy.
9.0 Disputes
9.1 If any dispute arises, you agree to notify our Head Office via email at info@educarenannies.com or call us at 0422 725 021 with comprehensive details of the dispute, and attempt to resolve the dispute with Educare Nannies, prior to taking any action.
9.2 All communication regarding any dispute between the Client and Educare Nannies must be exclusively between the Client and Educare Nannies. The Client agrees not to disclose the details of any such dispute with any other person, including any Nanny Candidate.
10.0 Copyright and Trademarks
10.1 The content featured on the Educare Nannies website, including text, graphics, images, HTML codes, and other materials (referred to collectively as the “Material”), are safeguarded by Australian and international copyright laws. They remain the sole property of Educare Nannies.
11.0 Governing Law
11.1 These Terms & Conditions shall be governed by the laws of the state of New South Wales, and users hereby submit to the non-exclusive jurisdiction of the Courts of that state.
