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

1.1   Nanny 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.

1.2   Nanny 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.

1.2.1      The screening will include but may not be limited to the following:

         Personal interview

         Confirmation of candidate’s eligibility to work in Canada

         Reference background check

         Certification verification as applicable

1.3   Nanny Ninja will schedule applicants who pass the screening process for an interview with the Client.

1.4   On the Client’s behalf, Nanny Ninja will present an offer of employment to the Client’s preferred applicant.

1.5   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”). 

1.6   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:

1.6.1      Postpone the start date until the results of the VSS are received.

1.6.2      Proceed with the start date as planned, on the condition that Nanny presents the results of the VSS as they become available.

1.6.3      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:

1.8.1      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.

1.8.2      If available in the client’s location, as further described in s.1.8.2.2, 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.

1.8.2.1   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.

1.8.2.2   The 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.

1.8.2.3   The Client agrees to adhere to the terms and conditions of the On-Call service.

1.8.2.4   If 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. 

2       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 suitable candidates.

2.2   In 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 $2,500.

2.2.1      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 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.

2.3.1      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.

2.3.2      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.

2.3.3      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 $1,500 to $2,500, as per the minimum fees listed in Section 1.2.

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 employment terms.

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.

2.7   All monetary amounts referred to in this Agreement are in CAD (Canadian Dollars) and are subject to applicable Provincial and Federal sales taxes.

3       The Nanny Ninja Guarantee

3.1   While 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:

3.1.1      The Employment Agreement must not have ended as a result of the Client breaching the terms of this Agreement or the Employment Agreement.

3.1.2      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. 

3.1.3      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.

3.1.4      The Client has informed Nanny Ninja in writing within 3 days of the Nanny’s departure from the role.

3.1.5      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.

3.2   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

         8-60 days: 75% credit

         61-120 days: 50% credit

         120-365 days: 25% credit

3.3   The 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 commences.

4       Payment

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.

4.2   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.

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 fees.

4.5   Client 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.

5       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.

6       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.

7       Confidentiality

7.1   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. 

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 this Agreement.

8       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.

9       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    General.

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 Parties.

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 Agreement.

11.7 This Agreement shall be governed by, and construed under, the laws of Ontario, Canada.