Nanny Placement Services Agreement
This Nanny Placement Services Agreement (the “Agreement”) is made as of DATE between NANNY NINJA (the “Agency”) and (the “Client”). NANNY NINJA will source, recruit, review and present potential nannies for the Client’s consideration for employment.
1. Services Provided
1.1 NANNY NINJA will screen applicants to assess suitability for employment with the Client.
1.1.1 The screening will include but may not be limited to the following:
· Personal interview
· Work eligibility confirmation
· Criminal record check
· Reference background check
· Confirmation of ability to fulfill the job’s roles and responsibilities
1.2 Nanny Ninja will schedule applicants who pass the screening process for an interview with the Client.
1.3 On the Client’s behalf, NANNY NINJA will present an offer of employment to the Client’s preferred applicant.
1.4 NANNY NINJA will support the Client and the preferred applicant in negotiating employment terms and completing the employment agreement (the “Employment Agreement”), solidifying the employment relationship between the Client and the successful applicant (the “Nanny”).
1.5 If a Client signs an Employment Agreement with an applicant sourced by NANNY NINJA for a term of 1 year or longer with an average of 30 hours per week minimum, they will be entitled to additional Services, as listed in Sections 1.5.1 and 1.5.2:
1.5.1 The Client will receive complementary payroll services for the applicant(s) sourced by NANNY NINJA. The complementary services will be valid for the first 365 days after the Employment Agreement is signed. At NANNY NINJA’s sole discretion, the payroll services may be fulfilled either by NANNY NINJA or by a third party.
1.5.2 The Client will receive a credit for 15 days of booking credit with NANNY NINJA’s On-Call Childcare Program (“On-Call”).
22.214.171.124 The Client will still be responsible for paying the regular On-Call Nanny rates to the On-Call Nanny. The booking credit is only valid for NANNY NINJA’s booking fees.
126.96.36.199 Any On-Call booking requires a minimum of 48 hours’ notice. The use of this service is subject to nanny availability, as determined by NANNY NINJA. If there is no nanny available for the requested booking, the Client will retain the credit for future use.
188.8.131.52 If the Employment Agreement is terminated or ends for any reason, or 365 days passes from the signing date, the unused booking credits will expire. There are no refunds offered for the booking credits.
1.6 The Services will also include any other tasks which both the Client and NANNY NINJA may agree on. NANNY NINJA hereby agrees to provide such Services to the Client.
1. Application and Placement Fees
1.1 The Client will pay NANNY NINJA a $199 non-refundable application fee, due upon registering for this service. This allows NANNY NINJA to begin recruiting for potential Nannies.
1.2 In consideration for finding a successful applicant, the Client will pay NANNY NINJA a placement fee equal to 12% of the nanny’s gross annualized salary. For Nannies with an Employment Agreement of less than 1 year, the minimum fee is $1,000. For Nannies with an Employment Agreement of 1 year or greater, the minimum fee is $2,500.
1.2.1 These fees are only due when the Client extends an offer of employment including salary and start date to a referred candidate and the candidate accepts the terms. The Client will be invoiced upon the Nanny’s acceptance. The Nanny will only be permitted to begin working once the placement fee has been paid in full.
1.3 If, within the first year of employment, the Nanny has a change in employment terms that results in them earning a gross annualized income above the estimated gross earnings stated in the Employment Agreement, the Client agrees to pay NANNY NINJA an Extension Fee equal to 12% of the portion of the Nanny’s income that exceeds the Nanny’s estimated gross earnings.
1.3.1 The change in employment terms could include, but is not limited to, contract extension, contract renewal, new employment agreement, extended hours, or change in hourly rate.
1.3.2 The Client agrees to pay the Extension Fee to NANNY NINJA immediately upon the employment terms changing. The Extension Fee will be calculated by subtracting the Nanny’s original estimated gross annualized income from the Nanny’s revised estimated gross annualized income.
1.3.3 If the original Employment Agreement offers less than 1 year of uninterrupted work for the Nanny, but the Client extends, renews, or creates a new agreement that results in the Nanny working for more than 1 year uninterrupted with the Client, the Client agrees that the minimum placement fee will increase from $1,000 to $2,500, as per the minimum fees listed in Section 1.2.
1.4 All monetary amounts referred to in this Agreement are in CAD (Canadian Dollars) and are subject to applicable Provincial and Federal sales taxes.
2. The Nanny Ninja Guarantee
2.1 Our screening process is intensive, but in rare cases the employment relationship may not go as planned. NANNY NINJA guarantees that if the Employment Agreement with the Nanny ends early within 365 days from the date the Employment Agreement is signed, the Client is entitled to a credit with NANNY NINJA, which can be used towards a future Placement Fee for use up to 90 days from the date the credit was granted. For this credit to be considered valid, the following conditions must be met:
2.1.1 The Employment Agreement must not have ended as a result of the Client breaching the terms of this Agreement or the Employment Agreement.
2.1.2 The Nanny has not left the position as a result of the Client failing to fulfill their obligations as an employer under the Canadian Federal and applicable Provincial employment legislation.
2.1.3 The Nanny has not left the position due to the job requirements being materially changed, including but not limited to: change in hourly expectations, compensation, location or scope of work.
2.1.4 The Client has informed NANNY NINJA in writing within 3 days of the Nanny’s departure from the role.
2.1.5 In the case of termination, the Client must contact NANNY NINJA prior to termination to allow NANNY NINJA the opportunity to mediate any dispute between the Client and the Nanny.
2.2 The Placement Fee credit is calculated as a percentage of the Placement Fee paid, based on the number of days between the date the employment agreement was signed and the date the employment agreement was terminated. The percentage granted will be in accordance with the following:
Up to 7 days: 100% credit
2.3 The credit is valid towards future Placement Fees. The Client is still responsible for paying another Application Fee to commence a new search.
3.1 NANNY NINJA invoices shall be due and payable immediately. Invoices must be paid within 10 days to insure terms, including the guarantee.
3.2 Invoices not paid when due bear interest from the invoice date until paid at a rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
3.3 Time is of the essence of all payments under this Agreement. If any payment due is collected at law or through an attorney-at-law, or under advice therefrom, or through a collection agency, the Client agrees to pay all costs of collection, including, without limitation, all court costs and reasonable attorney fees.
4. Enticement of Recruits. During the term of this Agreement and for a period of one (1) year thereafter, the Client will not, directly or indirectly, solicit for employment any candidate of NANNY NINJA or any affiliate of NANNY NINJA without being liable for the standard placement fees plus $500. Should NANNY NINJA be a procuring cause of any candidate hired by the Client, the standard placement fees shall be applied as well.
5. Cooperation. The Client agrees to cooperate fully with NANNY NINJA performance of services pursuant to this Agreement by interviewing recruits promptly, and providing prompt feedback to NANNY NINJA regarding recruit interviews.
6.1 Any information disclosed to the Client regarding referred candidates is confidential and the property of NANNY NINJA. The Client agrees not to forward a referred candidate or candidate documents to any third party.
6.2 The Client agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Client has obtained, except as authorized by NANNY NINJA or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
7. Standard of Care.
7.1 NANNY NINJA will perform services under this Agreement in a professional manner in accordance with the Client’s instructions. The Client will be wholly responsible for its decisions and NANNY NINJA will have no responsibility or liability for the quality, performance, malfeasance or wrongdoing of any candidate presented to the Client by NANNY NINJA. The Client will make the final decision in selecting a candidate to extend an employment offer to. The Client’s decision will be based solely on their own assessment, and not on any recommendation provided by NANNY NINJA.
8. Limitation of Liability. In no event shall NANNY NINJA be liable to the Client, whether in contract or in tort or under any other legal theory, for injury, lost profits or revenues, loss of use, property damage, or similar economic loss, or for any indirect, special, incidental, consequential or similar damages, arising out of or in connection with the performance or non-performance of this Agreement, or for any claim made against the Client by any other party, even if NANNY NINJA has been advised of the possibility of such claim. As a referral agency, NANNY NINJA is not an employer of the nannies and assumes no responsibility or liability for performance of the nanny. In no event shall NANNY NINJA be liable under any claim made by the Client to exceed the total amount of fees theretofore paid by the Client to NANNY NINJA under this Agreement.
9. Miscellaneous. This Agreement constitutes the entire agreement between NANNY NINJA and the Client with respect to the subject matter hereof, and supersedes all prior agreements, oral or written, with respect to such subject matter. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario, excluding its principles of conflicts of law.