Nanny Placement Services Agreement
This Nanny Placement Services Agreement (the “Agreement”) is
made between Nanny Ninja (the “Agency”) and the
individual completing the Placement Services Application Form (the “Client”). Nanny
Ninja will source, recruit, screen, and present potential candidates for
the Client’s consideration for employment as a nanny.
1. Services Provided
Ninja will conduct an intake meeting with the Client to align on the
responsibilities of the role, and the desired qualifications and attributes
that the Client would like the applicants to possess.
Ninja will screen applicants on behalf of the Client to assess
the candidates’ alignment with the desired qualifications and attributes as
agreed to in the intake meeting.
The screening will include but may not be limited to the
Confirmation of candidate’s eligibility to work in Canada
Reference background check
Certification verification as applicable
Ninja will schedule applicants who pass the
screening process for an interview with the Client.
the Client’s behalf, Nanny Ninja will present
an offer of employment to the Client’s preferred applicant.
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”).
1.6 Once the
Nanny accepts the conditional offer of employment, Nanny Ninja will assist the
candidate in submitting a Vulnerable Sector Screening (VSS) application. If
the desired start date of the position, as described in the Employment
Agreement, begins prior to the candidate receiving the results of the
Vulnerable Sector Screening, the Client may proceed with one of the following
options at their sole discretion:
Postpone the start date until the results of the VSS are
Proceed with the start date as planned, on the condition that
Nanny presents the results of the VSS as they become available.
Request that the Nanny completes a Criminal Record Check (CRC),
which can generally provide results within 1-2 days. The CRC is not as
comprehensive as the VSS, but may serve as additional assurance to the Client
while waiting on the results of the VSS. The Client will be expected to
compensate the Nanny for the CRC fee if the Client chooses this option.
1.7 If the
Client decides to proceed with either or both of the options described in 1.6.2
or 1.6.3, the Client acknowledges that they are doing so at their own risk.
Nanny Ninja will not accept any liability or responsibility for the results of
the VSS and will not be held responsible if the results of the VSS deem the
Nanny ineligible for employment or if the Nanny fails to present the results of
the VSS to Nanny Ninja or the Client.
1.8 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 follows:
The Client will receive complimentary payroll services
for the applicant(s) sourced by Nanny Ninja.
The complimentary 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 as chosen by Nanny Ninja.
If available in the client’s location, as further described in
s.126.96.36.199, the Client will receive a credit for 10 days of booking
credit with Nanny Ninja’s On-Call Childcare Program (“On-Call”),
valid for 1 year from the date of issue.
188.8.131.52 The Client is
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.
On-Call service is subject to availability of nannies in the Client’s location
and booking request for days and times. Nanny Ninja has sole discretion in
determining in which locations it will retain nannies. Nanny Ninja does not
guarantee availability of the On-Call service to Clients and will not refund or
compensate the Client for unused booking credits.
Client agrees to adhere to the terms and conditions of the On-Call service.
the Employment Agreement is terminated or ends for any reason, the
unused booking credits will expire as of the date of termination of the
nanny. There are no refunds offered for the booking credits.
1.9 The Services will
also include any other tasks which both the Client and Nanny
Ninja mutually agree on.
Launch and Placement Fees
2.1 The Client will
pay Nanny Ninja a $299 non-refundable launch
fee, due upon registering for the Placement Service via online form, or as
otherwise mutually agreed to by Nanny Ninja and the Client. This
allows Nanny Ninja to begin a robust internal and external search for
consideration for finding a successful candidate, the Client will
pay Nanny Ninja a placement fee equal to 12% of the nanny’s gross
annualized salary, so long as such amount is the same or greater than the
minimum fees described herein. For Nannies with
an Employment Agreement of less than 1 year, the minimum fee is
$1,500. For Nannies with
an Employment Agreement of 1 year or greater, the minimum fee is
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 gives confirmation that they are accepting the role.
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. Nanny
Ninja will only share unredacted documents related to the Nanny with the Client
once the Placement Fee has been paid in full.
2.3 If, within
the first year of employment, the Nanny has a change in employment
terms that results in the Nanny 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 from the original Work Agreement.
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.
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.
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 $1,500 to $2,500, as per the minimum fees listed in Section
2.4 If, within
the first year of employment, the Nanny has a change in employment
terms that results in the Nanny earning a gross annualized income below the
estimated gross earnings stated in the Employment Agreement, Nanny Ninja
agrees to reimburse the Client for the change in Placement Fee due, up to a
maximum of 5% of the total Placement Fee that was initially paid. For example,
if the Placement Fee was initially $5,000, the maximum refund the Client would
be eligible for is $250. In order for a refund to be granted, a new written
work agreement must be signed by both the Client and the Nanny and presented to
Nanny Ninja, and the Nanny must not have resigned as a result of the change in
2.5 If the
Client does not find a suitable candidate after having interviewed 5 candidates
presented by Nanny Ninja, Nanny Ninja reserves the right to charge an
additional Application Fee of $299 to continue the search. In the event this
occurs, the Client and Nanny Ninja jointly agree to meet to review and discuss
adjusting the job description and candidate eligibility requirements to attract
more suitable candidates.
2.6 If the
Client requests considerable changes to the role responsibilities,
expectations, or desired candidate qualifications, as agreed to in the intake
process, Nanny Ninja reserves the right to charge an additional Application Fee
to compensate for incurred expenses in adjusting the recruitment approach.
monetary amounts referred to in this Agreement are in CAD
(Canadian Dollars) and are subject to applicable Provincial and Federal sales
The Nanny Ninja Guarantee
Nanny Ninja’s screening process is intensive, 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 first Employment Agreement with the
nanny was signed, the Client is entitled to a Placement Fee 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. The value of the Placement
Fee shall be determined based on the formula described at s.3.2. For this
credit to be considered valid, the following conditions must be met:
The Employment Agreement must not have ended as a result
of the Client breaching the terms of this Agreement or
the Employment Agreement.
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
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.
The Client has informed Nanny Ninja in
writing within 3 days of the Nanny’s departure from the role.
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.
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
8-60 days: 75% credit
61-120 days: 50% credit
120-365 days: 25% credit
Placement Fee Credit is valid towards future Placement Fees up to 90 days from
the termination date of the Employment Agreement. The Client is
still responsible for paying another Application Fee to commence a new search.
3.4 The Terms
and Conditions of the Nanny Placement Services Agreement is subject to change
without notice. In the event that the Client applies the Placement Fee Credit
in a new search, the Client will be subject to the Terms and Conditions of the
Nanny Placement Services Agreement as stated on the date the new search
4.1 Nanny Ninja invoices
shall be issued upon agreeing to a Placement Search (application fee) or issued
upon acceptance of the position by a candidate the Client has given an offer of
employment to (placement fee). All invoices are due and payable
immediately. Invoices must be paid within 10 days to ensure terms,
including the guarantee.
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.
4.3 Nanny Ninja
may terminate this Agreement in its sole discretion without notice in the event
any invoice remains unpaid thirty (30) days after such invoice was first sent
to the Client.
4.4 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
shall disclose such records and documentation to Ninja Nanny as are reasonably
requested from time to time for Nanny Ninja to ensure it is billing the Client
accurately based on the rates described herein.
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 introduced to the client by Nanny Ninja or any affiliate of Nanny
Ninja without being liable for the standard Placement Fees plus $1,500.
Should Nanny Ninja be a procuring cause of any candidate hired by
the Client, the standard Placement Fees shall be applied as well.
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
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.
7.2 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
Standard of Care. 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.
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.
10 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.
11.1 Any notice to be given hereunder may be affected by personal delivery
in writing, by email, or by registered mail to the address listed in the
preamble of this Agreement. All notices shall be deemed received five (5) days
after mailing or delivery.
11.2 This Agreement supersedes all agreements previously entered into
by the Parties and may only be amended with the written consent of both
11.3 If any provision of this Agreement is determined by a court of
competent jurisdiction to be illegal, invalid or unenforceable, that provision
will be severed from this Agreement and the remaining provisions will continue
in full force and effect, without amendment.
11.4 This Agreement shall inure to the benefit of and shall be binding
upon each party’s successors and assigns. Neither party shall assign any right
or obligation hereunder in whole or in part, without the prior written consent
of the other party.
11.5 The Client agrees that no failure or delay by the Nanny Ninja in
exercising any right, power or privilege hereunder shall operate as a waiver of
such right, power or privilege.
11.6 Each party to this Agreement acknowledges that it or they have
had sufficient time to review, consider, and understand the Agreement and its
terms thoroughly and have been given an adequate opportunity to obtain
independent legal advice concerning the interpretation and effect of the
11.7 This Agreement shall be
governed by, and construed under, the laws of Ontario, Canada.