Babysitting Membership Terms of Service

Babysitting Membership

Terms of Service (Last Updated August 5th, 2021) 

In addition to the Terms of Use [hyperlink to https://nannyposse.com/terms-of-use/]. These Terms of Service govern your access to and use of the Babysitting Membership portion of the website (the “Site“) and any services (the “Services“) offered on the Site. In the event of any conflict between the Terms of Use and these Terms of Service, the Terms of Service shall control with respect to the Site and Services.

This is a legal agreement between you and Nanny Posse (“Agency”) or (“NP”). By clicking the “Submit” button on the account registration page or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service. If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the Site or the Services. 

We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.

  1. Services: You are joining the Babysitting Membership for the purposes of hiring a Sitter to provide temporary childcare services. Nanny Posse is a referral agency and will make reasonable efforts according to applicable law to provide temporary childcare services to you. You agree to provide a safe working environment for NP’s employees and comply with all applicable laws, regulations, NP’s policies and this Agreement during NP’s service to you.

You understand and agree that NP cannot make any work-related decisions, including but not limited to staffing of sitters, based on any legally protected characteristics (except for gender in cases involving bathing, dressing or personal care of your children as allowed by law) or in an unlawful manner. To the maximum extent allowed by law, NP will not accept any requests for or prohibitions of sitters based on any legally protected characteristics including but not limited to race, ethnicity, national origin or age.

  1. Fees,Billing, and Payment: Babysitting Membership Fee (“BMF”): You agree to pay NP the following BMF depending on your chosen membership: One-Time $40; Annual Standard Membership of $150; Annual Premium Membership of $300; Month to Month Unlimited Membership of $125; or Annual Unlimited Membership of $1,250 upon beginning service with NP. All BMF’s, other than the One-Time shall renew annually or monthly on the same calendar day of the month you began service with NP unless you cancel the membership prior to annual renewal. Memberships entered into on the 29th, 30th, or 31st of the month will renew on the 28th of the following month and renew on the 28th for each subsequent month. Membership in NP’s Babysitting service is not assignable or transferable. Only you may use NP’s babysitting services under this Agreement.

2.1 Booking Fees: For each booking of a sitter for up to 72 hours, you agree to pay NP a booking fee as follows:

  1. For bookings made with 72 hours or more notice and during normal business hours of Monday through Friday (except holidays) between 9:00 a.m. to 5:00 p.m.: 
    1. Standard memberships are subject to a $30 booking fee per sit and 10% discount on 5 or more sits booked at once.
    2. Premium memberships are subject to a $20 booking fee per sit and 15% discount on 5 or more sits booked at once.
    3. Unlimited memberships are subject to no bookings fees unless made less than 72 hours in advance. At
  2. Late booking fees apply to all membership options and are as follows:
    1. Bookings made 72-24 hours in advance are subject to a $15 late booking fee.
    2. Bookings made 24 hours or less are subject to a $25 late booking fee.
    3. Bookings made 72 hours or less during holidays are subject to a holiday surge fee of $50.**

 

You agree to pay NP an additional $2 booking fee (unless otherwise noted*). You understand and agree that you should make bookings as much in advance as possible. You further understand and agree that NP cannot guarantee that it will have a sitter for every date and time you request, nor can NP guarantee that it will have a specific sitter for you.

2.2 Hourly Rates: Finally, in addition to the annual BMF and the per booking fee, you agree to pay NP sitters for their service according to the tier rating structure, plus applicable overtime and holiday premiums, if any. You understand and agree that there is a four-hour minimum for all sitter services.

You agree to notify NP if your child or children becomes ill within 24 hours of the scheduled start of a sitter’s shift. Illness includes but is not limited to a fever of over 101 degrees, vomiting, diarrhea, or any other extreme symptoms {See COVID-19 Policy}. In such instances, the sitter will decide whether he or she is able to care for the child. If the sitter chooses to care for the ill child, you agree to pay NP sitters an additional $10 per hour, plus their applicable tier rate, overtime, and holiday premiums, if any.

You agree to pay NP sitters a 15% increase of the sitter’s requested tier-appropriate rate. NP holidays and requested fees can be found on our website.

You agree to (1) pay NP sitters overtime of 1.5 times their tier appropriate requested rates for work of more than eight hours in a work day, more than 40 hours in a work week, and or for the first eight hours of work on a seventh consecutive day of work in a work week for you; (2) pay NP sitters doubletime of twice the hourly rate requested for work of more than 12 hours in a workday and or for work of more than eight hours on a seventh consecutive day of work in a work week; and (3) allow the sitter to take a ten minute rest period for every four hours or major fraction thereof worked.

NP will bill you weekly for all fees and applicable expenses incurred during the previous week. You understand and agree that NP’s invoices are due and payable upon NP’s transmission of the invoice to you, and will be considered delinquent if not paid within 10 days of transmission of the invoice to you.

Except as stated in this Agreement, all fees are non-refundable, earned in full, and due and payable according to the terms of this Agreement. If any fees or portions thereof are not paid when due and become delinquent, NP will charge interest on the unpaid amount of the fee. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (10% ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest until paid. If your account is turned over to an agency or other entity for collection, all fees, costs, and interest, including but not limited to attorney’s fees and costs, incurred relating to the collection activity will be added to your balance and be payable to NP according to the terms of this Agreement, and you agree to pay NP all such fees, costs, and interest. You agree to pay NP any charge NP incurs if your check or other payment is returned or refused.

You further agree to provide NP with valid ACH information and/or a valid credit card number, expiration date, security code, and other reasonably required information and agree to NP storing such ACH and/or credit card information. You understand and agree that NP shall charge your credit card for all fees and charges owed to NP if you fail to pay all fees and charges in a timely manner according to the terms of this Agreement. You hereby irrevocably authorize NP to place charges on said account in accordance with this Agreement, and you agree to pay all such charges and fees billed to your credit card according to the terms of this Agreement. You will immediately give NP new ACH information and/or credit card information and an authorization for the new credit card(s) should your ability to use the bank account and/or credit card (as applicable) cease, for any reason. You further acknowledge and agree that certain portions of the Site and Services utilize a third-party payment tool(s) (the “Online Payment Tool”) to facilitate certain transactions. Please refer to the Online Payment Tool’s Terms of Use [https://stripe.com/checkout/legal] for additional information and the terms and conditions of using the Online Payment Tool.

3.Cancellation: If you desire to cancel an employee’s shift, you must notify NP as soon as reasonably possible, and by no later than 48 hours prior to the start of a shift. You agree to pay NP and their sitter according to the below terms if you do not meet this cancellation notice requirement or if you dismiss the sitter before the scheduled end of the shift. All schedule changes must be made directly with NP’s office, and not with a sitter.

3.1 Cancelation Fees & Terms. Inconvenience feeds are paid to NP to 

Bookings Canceled 48-24 hours are subject to a $15 inconvenience fee* paid to NP and cancelation fee of $50 or 25% of the booking, whichever is greater, paid to the sitter.

Bookings Canceled less than 24 hours are subject to a $30 inconvenience fee* paid to NP and a cancelation fee** of $100 or 100% of the booking, whichever is greater, paid to the sitter.

3.2 Early Dismissal. If you choose to end a NP sitter’s booking earlier than the scheduled end of the shift you owe the 100%

3.3. Waived Fees. Inconvenience fees may be waived the NP’s discretion for families experiencing medical or family emergencies. Cancelation fees can only be waived by NP sitter’s discretion.

  1. Vehicle Usage & Other Expense Reimbursement: If you allow a NP employee to drive your vehicle as part of the employee’s work for you, you agree to (1) properly maintain the vehicle; (2) maintain a current and valid registration for the vehicle; and (3) carry all legally required insurance for the vehicle.

You agree to pay NP sitters 60 cents per mile or the current IRS reimbursement rate per mile, whichever is higher if an employee uses her or his own vehicle for errands or transportation on your behalf. You also agree to reimburse NP for all costs or expenses the sitter or NP incurs on your behalf.

  1. Valuables: You agree to secure your weapons and valuables, including but not limited to cash, jewelry, and confidential financial and personal information. You agree to make any claims for theft, loss, damage, or destruction of property to NP as soon as possible. You further agree not to give any gifts, loans, bonuses, payments, or advance any money to NP’s sitters without prior express permission from NP.
  2. Service Interruptions: If NP personnel do not arrive as scheduled, you agree to promptly notify NP. Although NP will make reasonable efforts to provide service to you, you understand and agree that service interruptions may occur.
  3. Non-Solicitation: You understand and agree that NP has incurred considerable expense in advertising, interviewing, recruiting, screening, evaluating, hiring, training, staffing, and supervising employees. Thus, while using NP’s services and for a period of two years after termination of NP’s services with you, you agree not to solicit, hire, or otherwise engage any sitters who have performed substantial work for you to work directly for you as a sitter or to work indirectly for you as a sitter through another person or entity. If you directly or indirectly hire or otherwise engage a sitter who performed substantial work for you during the time you used NP’s services or for two years after you cease using NP’s services, you agree to pay NP $10,000.00.
  4. Information and Updates: You agree to provide NP with all pertinent information necessary for your childcare, as well as accurate and current billing/payment information. You also agree to promptly notify NP of any relevant changes to any of the aforementioned information.
  5. DISCLAIMER/HOLD HARMLESS/LIMITATION OF LIABILITY: To the maximum extent permitted by law, NP disclaims and makes no express or implied guarantees, representations, or warranties about any information, services, sitters, or employees it provides to you. You and Responsible Party understand and agree that your use of NP’s services is at your own risk.

Additionally, to the maximum extent permitted by law, you and Responsible Party shall indemnify, defend and hold NP and its owners, agents, sitters, employees, officers, directors, attorneys, representatives, and affiliated persons and entities harmless against any damages or liability arising out of or in any way in connection with the negligence, omission(s), conduct or misconduct of you or individuals in your home or facility.

Finally, in no event shall any party to this Agreement, including you, Responsible Party or NP, be liable for consequential, incidental, exemplary, punitive, special, or indirect damages of any kind. Further, a party’s aggregate liability for damages of any kind under this Agreement – excluding the fees, costs, and interest related to collections as referenced in Section 2 of this Agreement; the stipulated damages provision in Section 7; and the indemnity, defense and hold harmless provisions in Section 9 of this Agreement – shall be limited to the amount of the fees received by or owed to NP (whichever is greater) from you during the 90 days prior to termination of NP’s service with you. If any waiver, exclusion or limitation of damages is not permitted by law, the parties’ liability to each other is limited to the maximum extent permitted by law.

  1. Miscellaneous: This Agreement shall be governed by and interpreted according to North Carolina law. Any action or proceeding commenced regarding this Agreement, the subjects herein, or NP’s services or the termination thereof shall be brought in Wake County, North Carolina.

This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between the parties with respect to the subjects covered in this Agreement and NP’s services. Except as stated in the Agreement, this Agreement shall not be amended except in a mutually agreed upon writing signed by you and or Responsible Party (as applicable) and an authorized representative of NP expressly stating an intent to amend this Agreement.

You represent that he or she has carefully read and fully understands the scope and effect of all of the provisions of this Agreement.

The terms of this Agreement are severable. The invalidity or unenforceability of any provision within this Agreement shall not affect the application of any other provision, provided that the essential terms and conditions of this Agreement for each party remain valid, binding and enforceable. Further, consistent with the purposes of this Agreement, any otherwise invalid provision may be reformed and, as reformed, enforced by any party to this Agreement. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision.

Each party to this Agreement agrees that the other party is not responsible for any events or circumstances beyond its control (including but not limited to war, riots, embargoes, strikes and or acts of God) that prevent the party from meeting its obligations under this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Such counterparts, when taken together, shall constitute but one agreement. The section captions contained in this Agreement are for convenience only and do not constitute a part of its terms and provisions.

  1. Termination: Either you or NP may terminate this Agreement prior to your annual or monthly BMF renewal. You must cancel seven (7) days prior to your membership renewal. However, to the maximum extent permitted by law, NP in its discretion may terminate the Agreement immediately, verbally and without notice if (1) you or your child or children become abusive to a NP sitter; (2) you are rude, disrespectful, or aggressive to a NP staff member or Sitter; (3) NP cannot meet your childcare needs; (4) the sitter’s work environment is unsafe or unhealthy; or (5) you or Responsible Party fails to pay NP’s fees pursuant to this Agreement.

You agree to pay NP all fees, charges, and costs due in full at the time of the Agreement’s termination. Sections 2, 4, 5, 7, 9, 10, and 11 of this Agreement shall remain in effect even after termination of this Agreement.

The parties to this Agreement represent and warrant that they have carefully read this Agreement, that they fully understand its final and binding effect, and that they agree to all of its terms.