1. Parties.
The “NannyTucket Membership Contract” herein is an agreement between the “Company”, NannyTucket, LLC, a licensed* Employment Agency in the State of Massachusetts, and either the Nanny, or the “Family”; who may be referred to collectively as “website members” or individually as a “member”. The “Nanny” is anyone who makes themselves available for a short term or long term babysitting arrangement. The “Family” is anyone who seeks or reserves a Nanny.
2. Services to Be Performed.
The Company provides a web based system where qualified individuals desiring to provide Nanny or babysitting services are matched with Families who desire such services. The Company’s website, NannyTucket.net, shall be the main vehicle for the Company’s service. The Company’s website will allow a Family to search for and identify a Nanny with desired qualifications. The website will have a calendar feature which allows a Family to view a Nanny’s availability and book a Nanny electronically. The Company reserves the right to conduct business through verbal and written communication in addition to the website.
The Nanny is not an employee of the Company and as such, the Company cannot be responsible for actions of the Nanny. Nannies hired by Families are Employees of the Family. As an Employer, the Family is responsible for all Employer obligations under Massachusetts State Law. The Company does not guarantee the representations made by the Nanny or Family, but will use reasonable care in checking references provided by any website member.
3. Qualification Process.
(a) The Company will require each Member to register on its website.
(b) The Nanny or Family is required to provide certain personal and background information. The Member agrees that this information is true and accurate.
(c) Once an application has been submitted, the applicant will be contacted by the Company Manager for an interview.
(d) The Company will interview the Member. Any adult member of a Family may be interviewed for the Family.
(e) The Company will check background references of the Nanny, including work history and personal references. Requests for additional background checks, such as driving or criminal records, will be considered by Company for an additional fee.
(f) The Company reserves the right to approve or reject any application for registration.
(g) The Company reserves the right to disclose information obtained in the Nanny’s background check to a Family.
(h)
Once approved the Nanny profile will be made available on the Company website for website members to view.
4. Website Membership
The Company will respect each Member’s preferences and requested qualifications when making referrals. Each Member agrees to keep an updated online profile. A Nanny will provide current information regarding his/her schedule of availability, hourly rate and other information required by the site. Website Members agree not to share his/her username or password with any other individual. All Members shall respect each other and agree to only share private information about other members with appropriate professionals. Each member agrees to notify the Company should any of the above fail to occur.
5. Job Requests
It is anticipated by Company that Nanny will be selected by Family based on Nanny’s qualifications, terms and availability. When the Family selects a Nanny, the Company will notify the Nanny either directly or electronically through its website.
The Nanny agrees to confirm acceptance of each job request provided that the job meets the Nanny’s terms and availability as stated on the Nanny’s profile.
The Nanny agrees to immediately notify the Company’s Manager should the Nanny be unable to honor a job request.
The Company reserves the right to terminate the Nanny’s Membership in the Company’s service should the Nanny fail to perform a job request that the Nanny had confirmed with the Company and the Family.
6. Cancellations
If the Family cancels a confirmed booking 24 hours in advanced of the scheduled booking, the Company will refund the booking in full. If a Family cancels a confirmed booking less than 24 hours in advance of a scheduled booking, there is no refund. When the Family makes a cancellation, the Company will notify the Nanny immediately.
Should a Nanny need to cancel a job, he or she agrees to notify the Company immediately. The Company will contact the Family to coordinate identifying another Nanny.
If a babysitter cancels a confirmed booking, NannyTucket will make its best effort to fulfill that booking with a babysitter acceptable to the family. When a Nanny cancels, the Company will notify the Family of the cancellation and keep the Family apprised as the Company makes its best effort to find a suitable replacement.
7. Working Conditions
The Family and the Nanny have the right to feel comfortable with working conditions. The Family and Nanny should provide written expectations and rules up-front. The Family and Nanny should make an agreement on how to handle a situation that the other is not comfortable with.
8. Time for Performance
The Company will coordinate confirmation of booking electronically.
A Nanny will arrive at the time and place that a Family has booked him/her. The Nanny will be available for babysitting services for the period of time that the family has reserved.
The Nanny shall be prepared to work for the length of time that the Family has booked them for. Should the Family need more or less time, they are to check with the Nanny in advance.
9. Fees, Rates, Invoices & Payment
The Nanny shall list his or her rates on the website and this published rate shall be the agreed upon compensation. The Family shall compensate the Nanny directly and not through the Company. The Company makes no representations as to any and all tax reporting. Such reporting shall be the responsibility of the Nanny or Family. All services to be performed by the Nanny shall be agreed upon by the Nanny and Family at the beginning of each transaction.
The Company will not collect any fees from the Nanny for placement or membership services. The Company will provide each Member with a copy of the Massachusetts Minimum Wage Law.
The Family shall pay a fee directly to Company for its service, based on the schedule published on the website. The Company shall issue an electronic notification when a job is confirmed. For one-time bookings, the Company will charge the Family’s credit card once a job is confirmed by a Nanny. For purchases of multiple bookings, the Company will issue coupons for the Family to use at each booking. The Family is responsible for protecting its coupons.
10. Satisfaction Guarantee
If a Family is not satisfied with a Sitter after a job, the Family must notify Nannytucket within 24 hours of that job. Provided that the complaint is legitimate, NannyTucket will grant the Family a free booking on the Family's next booking.
NannyTucket makes no guarantee or promise that it can place a Nanny for any specific requested date or time. Nanny availability is subject to each Nanny's schedule as posted on NannyTucket.net.
11. Refunds
If NannyTucket is unable to find a replacement for confirmed job cancelled by a babysitter, NannyTucket will issue a full refund to the credit card used by the Family for that booking.
Coupons may not be redeemed for cash. Coupons may be shared with other Members.
12. Obligations of the Company
The Company agrees to:
(a) Make its best effort to match Nannies with Families’ needs as requested.
(b) The Company will respect each Member’s preferences and requested qualifications when making referrals.
(c) Make its best effort to screen each Family and Nanny as defined in Section 3 before granting active membership.
(d) Protect the information of the Members for the Company’s business purposes only
(e) Share Family profiles only when a Nanny has been selected for a specific job.
13. Obligations of the Family
The Family agrees to:
(a) Keep an updated online profile.
(b) Honor the hourly rate and scheduled times they have reserved a Nanny for. Should the Family need more or less time, they are to check with the Nanny in advance.
(c) Not to share his/her username or password with any other party.
(d) Respect other members and only share private information about other members with appropriate professionals.
(e) Document Rules and Expectations and share these up-front with the Nanny.
(f) Not proceed with a job if the Family feels uncomfortable about a person or situation. Furthermore, the Family shall notify the Company of any such occurrence.
(g) Pay the Nanny in a timely manner.
(h) Abide by the employment Laws of Massachusetts.
(i) Indemnify, release and hold harmless NannyTucket, LLC, its agents, employees and officers for any and all claims relating to services provided by Nannies.
14. Obligations of the Nanny
The Nanny agrees to:
(a) Keep an updated online profile, including current information regarding his/her schedule of availability and compensation rate.
(b) Communicate effectively to facilitate confirmation of a job.
(c) Review the Family profile before arriving.
(d) Arrive at the time and place where the Family has requested them.
(e) Accommodate and respect the requests of the Family.
(f) Check with the Parents before making any decisions they are unsure about.
(g) Be prepared to work for the length of time that the Family has booked them for.
(h) Respect other members and only share private information about other members with appropriate professionals.
(i) Not proceed with a job if the Nanny feels uncomfortable about a person or situation. Furthermore, the Nanny shall notify the Company of any such occurrence.
(j) Notify the Company if a Family requests to reserve the Nanny for a job without going through the Company.
(k) Notify the Company immediately of a cancellation.
(l) Abide by the employment Laws of Massachusetts.
15. Authorization to Release Information
By accepting this agreement, I authorize NannyTucket, LLC a Licensed Employment Agency in the state of Massachusetts, to obtain information about me from my previous employers, schools, references and credit sources.
I authorize my previous employers, schools that I have attended, and references and credit sources to disclose such information about me as NannyTucket, LLC may request.
I authorize my previous employers to candidly disclose to NannyTucket, LLC all facts and opinions concerning my work performance, cooperativeness, and ability to get along well with others.
16. Disclosure of Personal Information
The Company is required by law to keep a file for every member of its service. The Company will protect information deemed private or personal and shall only be disclosed for official business purposes.
The Company’s website distinguishes two types of Members: Family and Nanny. The Company will require each Member to provide information about himself/herself. The company classifies this information in three levels: Public, Private and Confidential. Public information of a Nanny will be available to all Members of the Company’s website. Public information of a Family will be made available to a Nanny only when the Family has selected that Nanny for a job. Private information will only be available to the Company and the Member to which it pertains. Confidential information will be securely saved for business records. For a list of specific information that the Company will collect from its Members, contact the Company.
As a Family head, I authorize NannyTucket, LLC to candidly share information stated in my Family profile with a Nanny secured by my Family for a specific job.
As a Nanny, I authorize NannyTucket, LLC to candidly disclose to prospective Employers all facts and opinions concerning my work performance, cooperativeness, and ability to get along well with others.
17. Privacy
NannyTucket respects the privacy of its members and will do all that is commercially reasonable to protect your private information in accordance with all applicable laws and with the privacy policy outlined on our website. We will, of course, share your contact information with other members of your group in order that they may contact you to exchange babysitting services.
18. Disclaimer of Warranties
To the fullest extent permitted at law, NannyTucket, is providing this web site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to this web site or its contents including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, NannyTucket does not represent or warrant that the information accessible via this web site is accurate, complete or current. Price and availability information is subject to change without notice.
19. Limitation of Liability
Except as specifically stated on the web site, to the fullest extent permitted at law, neither NannyTucket, nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
The Company shall not be liable for any loss or damage, whether in contract, tort or otherwise in connection with the use by any legal identity of this web site. NannyTucket accepts no liability for any non-availability, inaccuracies, defects, loss of data, or any financial or other losses resulting from the use of the content or failure (or part failure) of the content to be suitable for the purposes for which it is required.
The Company disclaims any liability which might arise as a result of this web site being used for any unauthorized material and any such person hereby indemnifies NannyTucket against any loss or expenses suffered by them as a result of their actions or omissions.
The Company has no responsibility for personal or psychiatric injury, dishes, upset or trauma, loss damage resulting from your use of NannyTucket.net or the Company’s service.
20. Limitations of Liability & Remedies
NANNYTUCKET DOES NOT PROVIDE INDIVIDUALS FOR BABYSITTING SERVICES, NOR DOES THE COMPANY’S WEBSITE RECOMMEND INDIVIDUALS FOR BABYSITTING SERVICES. NANNYTUCKET ALLOWS MEMBERS TO EXCHANGE BABYSITTING SERVICES WITH INDIVIDUALS YOU TRUST. BY AGREEING TO USE THIS SERVICE AND BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO USE THE SERVICE ONLY FOR SUCH PURPOSE. YOU AGREE THAT NANNYTUCKET (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SHAREHOLDERS) WILL HAVE ABSOLUTELY NO RESPONSIBILITY TO YOU OR TO ANYONE ELSE FOR THE ACTS OR OMISSIONS OF THE INDIVIDUALS YOU ALLOW TO PERFORM BABYSITTING SERVICES. NANNYTUCKET (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SHAREHOLDERS) WILL NOT BE LIABLE FOR ANY LOSS THAT MAY BE SUFFERED BY YOU OR BY ANY THIRD PARTY AS A RESULT OF THE ACTS OR OMISSIONS OF THE INDIVIDUAL PROVIDING THE BABYSITTING SERVICES. YOU AGREE TO INDEMNIFY NANNYTUCKET FOR ANY CLAIM BROUGHT BY A THIRD PARTY AS A RESULT OF YOUR USE OF THE COMPANY’S WEBSITE.
YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. NANNYTUCKET, AND NANNYTUCKET'S DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS OR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS THAT YOU OR THIRD PARTIES MAY SUFFER (INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER FROM USE OF THE SITE OR VIRUSES), OR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE COMPANY’S WEBSITE OR NONPERFORMANCE OF THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION OR OTHER SPECIAL DAMAGES EVEN IF NANNYTUCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
NannyTucket is not responsible for, and shall have no liability with respect to, the content of third party web sites that are linked to or from the site. NannyTucket is not responsible for the user generated content on the site.
21. Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by other users of the NannyTucket, web site(s), are those of the respective author(s) or distributor(s) of that information and not of NannyTucket. NannyTucket neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the web site(s) by anyone other than authorized NannyTucket spokespersons while acting in their official capacities. NannyTucket has the right, but not the obligation, to monitor and review the content on the web site(s) and your account to determine compliance with these Terms and any other operating rules established by NannyTucket, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that NannyTucket, is not obliged to monitor content for accuracy or reliability.
22. Partners and Advertisers
Your correspondence or business dealings with, participation, in promotions of, or purchase of goods and/or services from NannyTucket, partners, advertisers or sponsors found on or through the NannyTucket web site(s), including delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). You agree that NannyTucket shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such partners, advertisers or sponsors on the NannyTucket web site(s).
23. Links to Other Sites
NannyTucket assumes no responsibility for the contents of any other web sites to which the NannyTucket web site(s) has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of, or reliance on, any content, goods or services available on such hyperlinked sites. NannyTucket may not have control of such web sites. The inclusion of any hyperlinks to such other web sites does not mean that NannyTucket endorses the material on such web sites or has any association with the owner(s) thereof.
24. Your Account Security
You are solely responsible for maintaining the confidentiality of your username and password, and the activities that occur under your username and password. You agree to immediately notify NannyTucket, of any unauthorized use of your username and password, or any other breach in security. NannyTucket cannot and will not be liable for any loss or damage arising from your failure to adequately safeguard your username and/or password, or to otherwise comply with this section.
25. Termination
You agree that NannyTucket, in its sole discretion, may terminate your password, account (or any part thereof) or use of the web site(s), and remove and discard any information posted by you on the web site(s), for any reason, including, without limitation, if NannyTucket, believes that you have violated or acted inconsistently with the letter or spirit this Agreement. You agree that NannyTucket, may terminate your access to the web site(s) without prior notice, and they acknowledge and agree that NannyTucket may immediately deactivate or delete their account and all related information and files in your account and/or bar any further access to such files or the web site. Further, you agree that NannyTucket shall not be liable to you or any third party for any termination of your access to the web site. You may discontinue your participation in and access to the web site(s) at any time.
26. Non-Compete
For Family
As a Member, I will not:
(a) Solicit or attempt to solicit any business or trade from the Company’s actual or prospective customers or clients
(b) Divert or attempt to divert business away from the Company, or encourage any independent contractor or consultant to end a relationship with the Company.
(c) Refer any Nanny-Member to a third party or vice-a-versa.
Right to an Injunction. I acknowledge and agree that if I breach or threaten to breach any of the terms of this agreement, the Company will sustain irreparable harm and will be entitled to obtain an injunction to stop any breach or threatened breach of this agreement.
Reasonableness. I acknowledge that the restrictions in this agreement are reasonable and necessary for the protection of the Company.
Survivability. This agreement will survive the termination, for any reason, of my status of Member with the Company.
Entire Agreement. This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.
Successors and Assignees. This agreement binds and benefits the heirs, successors, and assignees of the parties.
Notices. All notices must be in writing. A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing. A notice may be delivered:
(a) in person
(b) by certified mail, or
(c) by overnight courier.
Governing Law. This agreement will be governed by and construed in accordance with the laws of the state of Massachusetts.
Modification. This agreement may only be modified by a writing signed by the Company and Member.
Waiver. If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.
Severability. If any court determines that any provision of this lease is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this lease invalid or unenforceable and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.
Penalty. The Family will pay the Company a penalty fee of 3 months of the monthly service fee as listed on the website. (Currently 3 x $350 = $1050.)
For Nanny
As a Member, I will not accept a Nanny or Babysitter job from a Client of the Company without using the Company.
I understand that the Company may terminate my Membership from the Company’s service should I attmempt to take away business from the Company.
Furthermore, I agree to notify the Company within 24 hours should any Client attempt to obtain me for a job without going through the Company.
27. Disputes
If a dispute arises, the parties will try in good faith to settle it through mediation. The mediator will be chosen by the Company.
The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, either party may take the matter to court.
If either party brings a legal action arising out of a dispute over this agreement, the losing party will reimburse the prevailing party for all reasonable costs and attorneys' fees incurred by the prevailing party in the lawsuit.
28. Entire Agreement
This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.
29. Successors and Assignees
This agreement binds and benefits the heirs, successors, and assignees of the parties.
30. Notices
All notices must be in writing. A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing. A notice may be delivered:
(1) in person
(2) by certified mail, or
(3) by overnight courier.
31. Governing Law
This agreement will be governed by and construed in accordance with the laws of the state of Massachusetts.
32. Counterparts
This agreement may be signed by the parties in different counterparts and the signature pages combined will create a document binding on all parties.
33. Modification
This agreement may be modified only by a written agreement signed by all the parties.
34. Waiver
If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.
35. Severability
If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and such provision shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.
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