Unless otherwise stated;
“The Agency” shall mean Armadalia Pty Ltd trading as “Melbourne’s Leading Nanny Agency”, “Leading Nanny Agency Group” ABN 92 094 010 750 – Street Address 613 Hawthorn Rd Brighton East 3187 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.
The Agency conducts the business of introducing Carers for work in a variety of domestic and caring capacities. Carers must have a current Working with Children Check, Police Check, First Aid, CPR certificate and medical clearance confirming that they are fit and capable of domestic and caring responsibilities. Engagement of The Agency’s services by a Client/Carer shall be in accordance with the terms. Whilst the Agency uses reasonable endeavours to check a Carer, sole responsibility for determining the suitability of a Carer remains with the Client. The Agency will not be liable for any special, indirect or consequential loss or damage arising from engagement of a Carer by a Client. Although The Agency 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, the Agency 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. Any introductions between the Client and Carer remain the ownership of the Agency hereafter. In requesting and providing assistance in the selection of a Carer to perform duties for the Client, the Parties agree to the following-
Terms of Agreement
- Agrees not to approach Carers introduced by the Agency, to accept/entice or engage any form of private engagement for any form of service 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 any form of engagement or service with the Client or any other Individual or Entity associated with or related to the Client without obtaining prior written consent from the Agency, the Client shall pay to the Agency the permanent placement fee as set out in the fee and pricing table as found on the website and agrees that their credit card will be charged if payment is not received within seven (7) days of the commencement of such service.
- 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 individual without the consent of the Agency.
- Shall report all Carer offers for extra private bookings immediately to the Agency and request that the Carer contact the agency directly in future.
- Understands the responsibilities of the various Methods of Engagements available to Clients and Carers as outlined on the website and acknowledges that the Agency is acting as an agent only unless the Client has chosen the ‘Agency Employed Method’.
- Upon completion of each period of service to a maximum of seven (7) days, a Self or Client Employed Carer shall issue the Client a tax invoice/timesheet detailing dates, times and other associated costs inclusive of the booking fee payable to the Agency. Where the Client engages the service of an Agency Employed Carer, the Client will be required to approve the Carers timesheets at the commencement of the period of service which would be to a maximum of fourteen (14) days and the Agency shall issue the Client a tax invoice inclusive of all associated costs.
- Subject to Clause (9 & H), the Client shall pay the tax invoice on the day of issue, direct to Self or Client Employed Carers, who shall then remit the booking fee to the Agency. Clients engaging Agency Employed Carers shall pay the tax invoice on the day of issue. direct to the Agency, by Direct Debit or Credit Card.
- The Agency reserves the right to request at any time, in writing, direct payment of a full invoice from a Client, for example, where a Self or Client Employed Carer is in arrears with the Agency or where a Client has not made direct payment to the Self or Client Employed Carer. This will be charged direct to the Clients credit card after email communication.
- The Client shall notify the Agency of any changes to the times and dates of engagements in advance.
- Casual Booking Cancellations shall incur the cancellation fee set out in the pricing tab found on the website. This will be charged direct to the Clients credit card by the Agency at time of cancellation. Regular / Ongoing positions may also incur a Cancellation fee dependent upon the situation.
- The Client shall be solely responsible for undertaking the following National Employment Standards where applicable:
- WorkCover insurance
- Superannuation contributions
- Paid and unpaid leave entitlements
- Understand that the Agency reserves the right, where they see fit, to make changes to the agreement and that it is available for viewing on the website at any time.
- The Carer agrees not to accept any form of approach by Clients introduced by the Agency, or to accept any form of private engagement or inducement to work privately, or for any form of service or category or work, with Clients introduced by the Agency, 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 daily agency booking fee for each day worked, regardless of whether they have charged the client for the agency fees or not.
- Shall ensure that any Client introduced to the Carer by the Agency, is aware that if unauthorized engagement 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 within Seven days.
- Shall report all Client cancellations, rescheduling of bookings or requests for extra bookings immediately to the Agency, and request that the Client does the same.
- For all ‘Independent Contracting’ engagements, the Carer shall issue all Clients with a Tax Invoice for each shift worked and post the pink copy of the Tax Invoice to the Agency.
- For all ‘Client Employed’ engagements, the Carer shall accurately fill out all invoices / timesheets at the agreed time for submission to the Client.
- For all ‘Agency Employed’ engagements, the Carer shall accurately fill out all invoices / timesheets at the agreed time for submission to the Employer.
- Shall pay all monies due to the Agency within 7 days of receipt of the Agency’s monthly tax invoice. All monies due to the Agency belong to the Agency. 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. A charge of 10% will be added for all late fees.
- 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.
- Understand that the Agency 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 annual contribution toward Public Liability Insurance cover, billed each July or provide proof of other. The Carer acknowledges that this contribution is non-refundable once offered work or non –responsive to our contact or after the six week cooling off period.
- Shall ensure all first aid, CPR, working with children check/blue card or equivalent, are up-to-date and current at all times. The Agency reserves the right to notify Clients if the Carers paperwork is out of date, and offer no further work until paperwork has been validated. The Carer will inform the Agency immediately if there is a change in status of criminal history.
- Understands all the information provided throughout the Induction Process conducted by the Agency, and agrees to adhere to the Agency Policies, guidelines, standards and expectations plus keep up to date with professional development, current childcare trends and practices as outlined on the Carer Portal.
- Understands that all information published within the Carer Portal is the intellectual property of Armadalia Pty and is not to be copied, forwarded, distributed or used for any purpose other than to facilitate the relationship between the Agency, the Carer and the Client.
- Understands that the Agency policies, guidelines, standards, expectations and practices outlined on the Carer Portal can be changed at any time. The Carer agrees to regularly visit the Carer Portal to stay up to date with changes.
- Understand that the Agency, reserves the right, where they see fit, to make changes to this agreement.
I have read and understood the information presented to me by the Agency during the induction and interview process and any subsequent communications thereafter and agree to abide by the agreement at all times. In the event that I breach the terms of agreement, I understand that the Agency may choose to no longer introduce clients to me or provide me with placement opportunities and may take further action as it deems appropriate.
As a potential/active Client who has requested the service of the Agency with regard to the engagement of a Carer. I have read and agree to be bound by the terms and conditions set out in this document or as they appear on the website at www.mlna.com.au. I understand that I am required to reply to the registration email if I do not agree to be bound by these terms and conditions and that failure to do so shall constitute agreement to be so bound. I understand that the Agency, reserves the right, where they see fit, to make changes to this agreement and that the registration fee paid to the Agency is non-refundable once services have been utilised.
NON-AGREEMENT WITH TERMS
If the Client does not agree to the above terms or the terms as set out at www.mlna.com.au the Client must reply to the registration email with in the 2 hour cooling off period.