These trading terms and conditions are between the client (you) and Cosmopolitan Nannies International (ABN 76 254 659 614) and govern the provision of services by Cosmopolitan Nannies International to you. These terms and conditions are paramount and you acknowledge that they take precedence over any of your terms for the purchase of our services or any pre-existing agreements or understandings between you and Cosmopolitan Nannies International.
1. DEFINITIONS
‘Applicant’ shall mean a person who we introduce to you for the purpose of being employed or engaged by you as a childcare professional.
‘Services’ shall mean the introduction of Applicants to you for the purpose of employment or engagement of the Applicant with you as a childcare professional and all services entered into or thereto.
2. ACCEPTANCE OF TERMS
These terms and conditions shall be deemed to be accepted by you upon the giving by you of a verbal or written instruction for us to commence the provision of Services.
3. FEES
3.1 All fees must be agreed at the commencement of our engagement to provide the Services.
3.2 Fees are payable in full immediately upon acceptance, either verbally or in writing, by an Applicant of a childcare position with you. Cosmopolitan Nannies International will raise an invoice at the time of notification of acceptance to confirm the amount owing.
3.3 The fee structure set by Cosmopolitan Nannies International is based on the description of the role to be performed by the Applicant. Should the time commitment or duties required of an Applicant increase following commencement of the role, you must notify us in writing and an appropriate uplift in fees may be charged.
3.4 The fee charged for the provision of Services applies to each engagement of an Applicant and the re‑engagement by you of the same Applicant at a later time (whether or not the role is the same) shall attract a separate fee.
3.5 Where Services constitute a taxable supply under Australia’s Goods and Services Tax legislation, Cosmopolitan Nannies International will be required to levy GST of 10% on the value of the Services provided.
3.6 You shall be required to fully reimburse Cosmopolitan Nannies International for any direct costs they incur (such as travel arrangements and visa applications) during the course of provision of the Services. Reimbursement of these expenses shall be made irrespective of whether an Applicant is ultimately engaged by you for an agreed period or at all.
4. GUARANTEE AND REFUND POLICY
4.1 In the event that you cancel the engagement of the Applicant prior to the placement commencing, we are entitled to retain the aggregate of the following items:
(a) fifty percent (50%) of the fee charged;
(b) one week’s salary of the Applicant, for the Applicant; and
(c) all direct costs and expenses incurred by us in the course of provision of the Services.
4.2 Once the Applicant commences the engagement with you, no refund shall be payable where you elect to terminate the engagement of the Applicant.
4.3 In the event that the Applicant’s engagement is terminated in the first four weeks, Cosmopolitan Nannies International will endeavour to find a replacement for no extra charge. This replacement guarantee only applies when our fee has been paid in full and we have been notified within seven days of the departure of the Applicant. We reserve the right to not guarantee the replacement of Applicants where you have not complied with clause 6.3 below. Where a replacement Applicant is subsequently engaged, there will be no guarantee period applicable for such a placement.
5. SUITABILITY OF APPLICANTS
5.1 Whilst we make every reasonable effort to ensure the suitability of our Applicants, we do not accept any liability for any loss, expense, damage or delay arising in connection with an Applicant, irrespective of how such liabilities may have arisen.
5.2 To the extent permitted by law, no warranties are made by us in respect of the suitability, honesty, capability or character of the Applicants introduced by us.
5.3 It is strongly recommended that you make your own enquiries and reference checks concerning Applicants, in addition to any enquiries and checks performed by us on your behalf.
6. CONTRACTUAL STATUS
6.1 Cosmopolitan Nannies International acts as an introduction agency providing the Services and, accordingly, does not employ or contract Applicants in its own right.
6.2 As Applicants are engaged or employed by you directly, we do not have the responsibility for collection or remittance of income or other taxes or any other benefits such as superannuation.
6.3 You must fully advise us, at the commencement of our retainer, of all relevant information for the proposed Applicant’s role (e.g. requirements, time constraints) in order to ensure that the Applicant is appropriately placed and this job description must not materially change prior to or during the engagement of the Applicant, unless it is by consent and we are informed in writing.
6.4 The engagement or employment of the Applicant by you should include terms specifying the duties of the Applicant, details of pay, hours of work, holidays, sick pay and any notice periods for termination or ending of the engagement. The form of a model contract will be provided by us to you but we accept no liability for the terms and conditions ultimately agreed upon by the parties. It shall be your responsibility to ensure that the terms of engagement of the Applicant complies with all local laws and regulations.
7. TECHNICAL REQUIREMENTS
7.1 Unless otherwise agreed, you shall be responsible for obtaining any work or other permits for the commencement of the role by an Applicant and for ensuring that the Applicant satisfies any medical requirements or other qualifications that may be required by authorities where the role is to be carried out.
8. NON WAIVER OF RIGHTS
8.1 Failure by Cosmopolitan Nannies International at any time to require performance by you of any provision of these terms and conditions shall not be deemed to be a waiver of any of its rights unless Cosmopolitan Nannies International specifically agrees to such a waiver in writing.
9. VARIATION
9.1 These terms and conditions may be varied by the mutual written agreement of the parties.
10. GOVERNING LAW AND JURISDICTION
10.1 These terms and conditions will be deemed to have been made in the State of Victoria, Australia and shall be governed by the laws of that State and the parties agree to submit to the exclusive jurisdiction of the courts of that State.
By engaging the services of Cosmopolitan Nannies International it will be deemed that the Client has read the above trading terms and conditions and assumes the rights and obligations set out above. |
