These terms and conditions relate to the HomeMaid Sitter Services, referred to as “HSS”.
1. Definitions
a. “Client” means the person(s), family, or entity with whom HSS enters into an agreement for the purposes of providing Services.
b. “Sitter” means the person who is to undertake the Services for a Client.
c. “Intermediary” means the relationship between HSS, the Client and the Carer, with HSS being an intermediary connecting a Client to a Sitter.
d. “Services” means services relating to caring for a child, on a casual or regular basis.
e. “Website” means the online medium of the domain of “www.homemaidservices.co.nz” which operates the business of HomeMaid Services. This term includes website operations performed on “homemaidservices.co.nz”.
f. “Scheduled Time” means the time that the Client and Sitter have agreed that the Sitter will perform Services for the Client.
g. “Overtime” means the time over and above the Scheduled Time, which is rounded to the nearest 15 minutes.
h. “Police Check” means a full disclosure criminal check conducted by the New Zealand Police based on the Child Protection Authority.
i. “First Aid Certificate” means a current and valid statement of attainment in a recognised First Aid Training programme, which includes CPR, Asthma and Anaphylaxis training.
j. “Intellectual Property” means all and any intellectual property rights of HSS, whether existing now or at any time in the future in relation to the Website or otherwise. This includes but is not limited to copyright, databases, business processes, designs, concepts, ideas, methods, copyright or invention.
2. Acceptance of Terms and conditions
a. The access and use of the Website is governed by these terms and conditions (“the Terms”).
b. HSS reverses the right to change the Terms at any time. Such amendments will have effect on the date that the amendments are made and uploaded to the Website.
c. HSS is a matching and payment service. HSS acts as an intermediary between Clients and Sitters.
d. Sitters create profiles on the Website which display their skills for the Services. This enables Clients to search for Sitters based on location and child-minding requirements.
e. HSS carries on the business of providing a sitter service to clients and acts as intermediary and agent between the Independent Contractor and clients for the purposes of collecting and disbursing the Sitter’s receipts.
f. The parties have reached an agreement regarding the Sitter’s engagement in relation to providing these Sitter services.
g. The parties record the terms of their agreement as follows.
h. Sitters and Clients shall not arrange for the Sitter to provide Services to the Client outside their booking.
3. Status of Sitters
a. Sitters are independent contractors and are not agents or employees of HSS.
b. Sitters acknowledge and confirm that they are not entitled to receive statutory benefits of employment under this Agreement, such as holiday pay, statutory holiday pay, or the right to bring a personal grievance or a dispute under the Employment Relations Act 2000.
c. Sitters agree that any dispute over the terms and application of this Agreement, or its termination, shall be resolved under the exclusive jurisdiction of the District Court.
4. Payment for services
a. HSS agrees to act as agent for the Sitter in collecting payment from the client on behalf of the Sitter and disbursing same to the Sitter’s bank account after the deduction of charges as set out in this Agreement
b. This Agreement recognises that, unless expressly notified to HSS in writing , the Sitter is not registered for GST under the Good & Services Tax Act 1985.
c. Unless a Sitter has notified HSS s/he is registered for GST, the Sitter shall not charge, and HSS is not obliged to pay, GST with respect to services performed by the Sitter.
d. If the Carer has notified HSS that s/he is registered for GST, the Sitter must issue a GST tax invoice to HSS with respect to all taxable supplies performed for HSS.
5. Conduct
a. Members agree not to engage in any unbecoming conduct, which includes but is not limited to conduct that is unlawful, harmful, threatening, defamatory, obscene, abusive, or inappropriate. Whether or not conduct is considered to be unbecoming or inappropriate is at the sole discretion of HSS.
b. Sitters are not permitted to have guests at the Client’s property while they are performing Services.
c. Sitters are not permitted to share their phone with children while performing Services.
d. The Sitter is not permitted to leave the Client’s property without the return of the Client or alternatively permission of the Client.
6. Intellectual Property
a. Members agree not to copy, modify, duplicate, republish, display, transmit or distribute all or any part of HSS Intellectual Property.
7. Complaints Procedure
a. If a Client or Sitter wishes to make a complaint they are required to follow the Dispute Resolution Process. Should a dispute arise, Clients and Sitters are encouraged to contact HSS immediately. HSS will investigate the dispute and make a decision on the issue as HSS considers appropriate.
b. The Dispute Resolution process is as follows:
c. Client or Sitter submit a complaint or dispute through HSS
d. Members must outline the complaint with sufficient detail and include written examples if appropriate. If a complaint is urgent this needs to be specified.
e. Once the dispute is submitted it will be reviewed by HSS within 96 hours of receipt. Urgent complaints will be reviewed as soon as practicable.
f. HSS may contact either party for further information as part of the investigation.
g. HSS will make a final decision on the matter as it considers appropriate. This may include the termination or suspension of Client or Sitter.
8. Warranties
a. HSS undertakes to verify the Police Check provided by Sitters. However, HSS does not warrant any Sitter’s suitability to provide the Services, including but not limited to honesty, capability or character of any Sitter. We do hoever conduct reference checks on application to become a Sitter with HSS.
b. HSS shall use reasonable endeavours to ensure that the HSS Website is available 24 hours a day, but does not warrant that such availability will be provided at all times. Access may be interrupted temporarily without notice for error, system failure or maintenance.
9. Liability and Acceptance of Risk
a. HSS shall not be liable for any damage or losses whether incidental, consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by the Client or any other person arising directly or indirectly out of the Services and any associated activities.
b. The Client and Sitter agrees to defend and indemnify HSS against any claims, damages, costs, liabilities and expenses and liability asserted against HSS including without limitation any actual or threatened suit, demand or claim, to the extent that such claim arises from or relates to the Services or any associated costs
10. Health and Safety
a. HSS will, at all times, have in place and exercise appropriate health and safety standards and policies. HSS is committed to ensuring that the safety of the Sitters and Clients is its priority.
b. However, Clients acknowledge that they are responsible for their own health and safety. Sitters should have their own policies and procedures in place to ensure their safety in the workplace.
11. Client Obligations
a. The Client agrees that payment is made to HSS directly at the time of confirmation of booking. The Client understands that, at the time of confirmation of booking, the Client’s must make payment online to HSS with the funds being held by HSS until payment is made to the Sitter after completion of the Services.
b. The Client agrees that the number of hours will be indicated by the Client at the time of booking, and the confirmed number of hours will be submitted by the Sitter once the Services have been completed. The Client will be charged in accordance with the hourly rate. If a Sitter is required for more hours than initially indicated, overtime will be charged as per the hourly overtime rate.
c. Clients acknowledge and agree to their nominated credit card being pre-authorised by HSS upon confirmation of booking.
d. In the event that a credit card payment fails for any reason or payment is not made upon the booking confirmation, the booking will be cancelled.
e. The Client understands and agrees that Sitter must be provided with an occupationally safe environment. This is the sole responsibility of the Client who will bear all risk and liability in circumstances of injury to the Sitter.
f. The Client shall have the necessary Home and Contents insurance to cover any incidences of property damage including fire damage. Under no circumstances will HSS be liable for any damage to a Client’s property as a result of the Sitter including any injury, illness or death caused by the actions of a Sitter.
g. The Client agrees that they will continue to be available from time to time while the Sitter is performing the Services, so that they can be contacted in the event of an emergency.
12. Restraint of Trade
a. Sitters agree to not engage with or conduct a direct agreement with an active or previous Client outside of HSS, in any instance. The Sitter and Client are liable to pay HSS a one off ‘finders fee’ of $500.00 each, in any case that this clause is breached.
13. Fees
a. Fees are payable in New Zealand dollars and charges are paid at the time of booking confirmation. Under no circumstances will a Sitter be confirmed or dispatched without payment being successfully received by HSS.
b. Once the Services have been performed, the Sitter will provide HSS with a “Completion Confirmation” to confirm that the Services have been provided and advise of the total length of time the Services were provided for the purposes of advising whether any overtime or additional fees are payable. If overtime is payable the relevant fees will be charged to the Client’s credit card in 15 minute increments, rounded up as necessary.
c. Fees are as follows:
- $10 daily booking fee to be paid per booking;
- $22.50 per hour a Sitter is required to perform the Services for up to two children;
- An additional $2.50 per hour for each third or subsequent children;
- An additional $2.50 per hour if the booking was made with less than 24 hours of notice to HSS.
d. The Client will be charged a minimum of three hours per job (plus the service and transaction fee) for each booking.
e. If a Sitter is required to stay overnight, there is a flat fee of $120 for the hours of 9pm – 6am. The rate of $120 is to be paid in addition to an hourly rate for the hours the Sitter works outside of the 9pm – 6am time period. Overnight rates will only apply in the case that it has been arranged before the Services commence.
f. In the case that insurance or compensation fee’s were to occur in relation to the Sitter conducting the Services, the Sitter will is held responsible to cover any costs incurred – i.e. insurance excess.
g. If the Carer is active for TBSC, or if the Carer leaves TBSC and enters into a direct agreement with a Client introduced by TBSC for child care services within 12 months of leaving TBSC, the Carer is liable to pay TBSC a one off ‘finders fee’ of $500.00.
14. Cancellation Policy
*this policy is based within working hours of 8am – 6pm, should cancellations be made outside of this time frame, the cancellation terms will be begin from the next working day.
a. If a booking has been made within a 72 hour period, the Client’s credit card will be charged for 50% of the Services booked, plus the service and transaction fee which are non-refundable if they chose to cancel.
b. Should booking be cancelled by the Client with less than 48 hours notice of the scheduled commencement time, the Client’s credit card will be charged for 50% of the Services booked, plus the service and transaction fee which are non-refundable.
c. Should booking be cancelled by the Client with less than 12 hours notice of the scheduled commencement time, the Client’s credit card will be charged for 100% of the Services booked, plus the service and transaction fee which are non-refundable.
d. Should a booking be allocated for more than 72 hours to a Sitter from the booking date, the Client’s credit card will be charged for 50% of the Services booked, plus the service and transaction fee which are non-refundable.
e. If a booking is cancelled by the Sitter the Refund Policy will apply.
f. If a Sitter fails to turn up to perform the Services as agreed or cancels a booking, HSS shall not be held responsible however will make reasonable endeavours to find another Sitter to perform the Services as required with agreement by the Client.
g. HSS reserves the right to cancel the Services immediately should it become apparent that a Sitter is being mistreated in any way or found to be working in an unsafe working environment. No refund will be provided in these circumstances.
15. Refund Policy
a. In the event that a confirmed Sitter fails to show up for a confirmed booking to perform the Services without providing a cancellation notice, a 100% refund will be provided including the service fee.
b. Where a Sitter arrives late to perform the Services, Clients are able to be refunded for the time that the Sitter was absent (rounded up to the nearest 15 minutes) or, if agreed between the Sitter and Client, the Client may extend the finish time to accommodate the late arrival, in which case no refund will be provided.
c. In the circumstance where a Client arrives home before the scheduled time, no refund will be provided for any hours less than 2 hours of the scheduled service.
d. Where a Client arrives home before the scheduled time at the request of a Sitter, a partial refund will be provided
e. A refund will not be provided in circumstances of unreasonable working conditions, change of location by the Client after booking confirmation, change of job description after booking confirmation, or if HSS believes that the Sitter has been mistreated or is at risk in an unsafe working environment.
f. HomeMaid Sitter Services service fee of $10.00 is non-refundable at all times once a booking has been made.
16. Privacy Policy
a. HSS collects your name, date of birth, phone number, residential address, email address, place of birth and license details (“Personal Data”) and may use the Personal Data for the following purposes:
b. to provide you information about a product or service;
c. to consider your request for a product or service;
d. to tell you about other products or services;
e. in relation to the promotion and provision of a product or service;
f. to perform administrative and operational tasks;
g. as required by relevant laws, regulations, codes and external payment systems;
h. to conduct relevant background checks.
i. Should all of the information requested not be provided HSS may be unable to provide you with a complete and accurate service.
j. You are able to opt out of any direct marketing communication we may send you by following the procedure in that communication.
k. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to New Zealand Privacy Laws.
l. For Sitters, HSS is required to disclose name, Police Check application/reference number with the related Government Agency and address, bank account and identity document with the payment provider.
m. It may be necessary from time to time to disclose personal information to comply with obligations as required by law.
n. HSS does not and will not sell or deal in personal or customer information. Personal Data will not be disclosed to a third party unless as outlined in the terms and conditions. HSS may, however, use in a general sense without any reference to your name, personal information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally.
o. If HSS receives any unsolicited personal information it will immediately destroy such information unless it would have been entitled such information.