Terms of Agreement
Unless otherwise stated;
"MLNA" shall mean Armadalia Pty Ltd trading as "Melbourne’s Leading Nanny Agency"
— ABN: 92 094 010 750 — Street Address: 613 Hawthorn Rd Brighton East 3187 — Phone: 03 9576 7000
"Client" shall mean the person or persons for whom the Carer undertakes duties.
"Carer" shall mean the person engaged by the Client to undertake the Duties as agreed between the Parties.
"Parties" shall mean the parties to this Agreement.
MLNA conducts the business of introducing Carers for work in a variety of domestic and caring capacities. Carers come with a Working with Children Check and/or Police Check, First Aid or CPR certificate and medical clearance confirming that they are fit and capable of domestic and caring responsibilities. Engagement of MLNA's services by a Client/Carer shall be in accordance with the terms. Whilst MLNA uses reasonable endeavours to check a Carer, sole responsibility for determining the suitability of a Carer remains with the Client. MLNA will not be liable for any special, indirect or consequential loss or damage arising from engagement of a Carer by a Client. Although MLNA may provide input and assistance in the selection process, the engagement of a Carer by a Client is ultimately the Client's sole responsibility. Through the selection and placement of Carers to undertake the Duties, MLNA plays an active role in establishing the relationship between the Client and Carer. The Agency will provide replacement Carers to Clients and Clients to Carers upon request. In requesting and providing assistance in the selection of a Carer to perform duties for the Client, the Parties agree to the following Employment Methods and Terms of Agreement:
- Agrees not to accept any form of approach by Clients introduced by the Agency, or to accept any form of private employment or inducement to work privately, or for any form of employment or category or work, with Clients introduced by MLNA or any other individual or entity associated with or related to the client, while working for the Agency or thereafter for a period of 5 years. If the Carer allows this to happen the Carer agrees to pay to the agency the current daily agency booking fee for each day worked.
- Shall ensure that any Client introduced to the Carer by MLNA is aware that if unauthorised employment is commenced with the Client or other individual or entity introduced to the Carer by the Client, that the Client will be liable to pay the Permanent Placement fee direct to the agency by credit card if payment is not received within Seven days.
- Shall report all Client requests for extra bookings immediately to MLNA and request that the Client contact the agency directly in future.
- Understands the responsibilities of, and differences between (Flexible Independent Contracting, Structured Independent Contracting and Permanent Placement) Contracting and Employment options available to Carers, and acknowledge that MLNA is acting as an agent only, that the Carer works directly for the Client, and that the Carer is not employed by MLNA.
- Shall ensure that the Carers claims for payment are honest and accurate and the Carer will provide each Client with a tax invoice for Independent Contracting Role’s detailing all times worked, associated costs incurred. If engaged as an Independent Contractor the Carer accepts liability for the payment for all statutory or like obligations.
- Understand that MLNA may choose to cease introducing the Carer to Clients or offering the Carer engagement opportunities if terms of agreement are breached or Client feedback does not reflect the standard of performance referenced by referees or falls below the standards as outlined by the Agency.
- Will make, as a Contractor to the Agency, an annual contribution toward Public Liability Insurance cover, billed each July or provide proof of other. The Carer acknowledges that this contribution is non-refundable.
- Shall ensure that First Aid Level 2 and Working with Children Check are up to date and current at all times. The Carer will inform MLNA immediately if there is a change with regard to criminal history.
- Will perform all the duties associated with the engagement in a diligent and conscientious manner to the best of the Carer ability, always performing WOW factors, maintaining a clean and tidy workplace. The Carer will be honest and trustworthy, will not attend the work place under the influence of narcotics or alcohol nor have them in the Carer possession.
- Shall closely and safely supervise children at all times. Agrees to be wholly responsible for the children in care and will not transfer these children to another person without written permission from the Client and after the provision of proof of identity (Drivers Licence). The Carer shall not take to nor allow any unauthorised person or persons into the home of the Client unless that person has been approved by the Agency and/or the Client.
- Shall not subject any child in care to any form of corporal punishment or discipline which would frighten or humiliate them and will follow parental instructions in the provision of care. The Carer will not contact Clients after cessation of employment with the family for whatever reason, unless prior written permission has been given by the Agency.
- Understands that mandatory reporting of suspected child abuse is a requirement, by law, that a person must notify the Department for Families and Communities when it is suspected, on reasonable grounds, that a child has been, or is being abused or neglected.
- Shall keep confidential, all information received relating to the personal and business lives of families for whom the care is provided. Shall behave in a professional manner at all times, respecting the personal choices families make and not interfere in their private or business affairs.
- Shall notify Clients and the Agency as soon as possible when sick or when other circumstances arise which may prevent the provision of booked care. Providing the Agency an opportunity to make alternative arrangements for the Clients booked care.
- Shall pay all monies due to the Agency within 7 days of receipt of MLNA’s monthly tax invoice. All monies due to the Agency belong to MLNA. No portion of these monies is permitted to be used for the Carers personal or private use, the monies are not available for Carers use, whatsoever for any reason.
- Shall provide credit card details so that the agency can charge for unpaid agency fees in the event that the Seven day payment policy is not adhered to. If no Credit Card details are provided, it is agreed that at the agencies discretion, outstanding payments can be taken directly from the Client on the Carers behalf or the Carer shall be charged Debt Collection Costs of 30% of total amount owing.
- Understands all the information provided throughout the Induction Process conducted by MLNA and agrees to adhere to guidelines, standards and expectations plus keep up to date with professional development, current childcare trends and practices.
- Agrees not to approach Carers introduced by the Agency, to accept/entice or engage any form of private employment for any form of employment or category of work between the Client/Carer or any other Individual or Entity associated with the Client while the Carer is representing the Agency or thereafter for a period of 5 years.
- Where a Carer commences employment with the Client or any other Individual or Entity associated with or related to the Client without obtaining prior written consent from MLNA, the Client shall pay to MLNA the permanent placement fee as set out in the fee and pricing table and agrees that their credit card will be charged if payment is not received within seven (7) days of the commencement of such employment.
- Undertakes that the contact details for any Carer engaged by the Client shall remain confidential and that such details shall not be made available to any other person, company or private employer without the consent of MLNA.
- Shall report all Carer offers for extra private bookings immediately to MLNA and request that the Carer contact the agency directly in future.
- Understands the responsibilities of, and differences between (Flexible Independent Contracting, Structured Independent Contracting and Permanent Placement) Contracting and Employment options available to Carers, and acknowledges that MLNA is acting as an agent only, that the Carer works directly for the Client, and that the Carer is not employed by MLNA.
- Upon completion of each period of service to a maximum of seven (7) days, the Carer shall issue the Client a tax invoice detailing dates, times and other associated costs inclusive of the booking fee payable to MLNA.
- Subject to Clause (16 & H), the Client shall pay the tax invoice, direct to the Carer, who shall then remit the booking fee to MLNA.
- MLNA reserves the right to request at any time, in writing, direct payment of a full invoice from a Client, for example, where a Carer is in arrears with MLNA or where a Client has not made direct payment to the Carer. This will be charged direct to the Clients credit card after email communication.
- The Client shall notify MLNA of any changes to the times and dates of engagements booked at least twelve hours before the Carer commences duties.
- Failure to notify MLNA of changes shall incur the cancellation fee set out in the pricing and fees table. This will be charged direct to the Clients credit card by the agency in the event that the Carer does not receive direct payment within seven days.
- The Client shall be solely responsible for the following:
- WorkCover insurance for Carers that are paid more than $7500 per annum.
- Superannuation contributions where applicable.