CANDIDATE AGREEMENT

This Agreement governs the terms and conditions under which.

P.C Murray Pty Ltd (“Provider”, “Australian Nanny Agency”, “us” or “we”) provide services to another individual or company (“Candidate” or “you”).

OUR DETAILS

Company Name:                       

P.C. Murray Pty Ltd the Phoenix Trust t/a Australian Nanny Agency

Australian Company Number: 660 490 424

Registered Business Address:

5 Owen St Port Douglas Qld 4873

Email: info@australiannannyageny.com.au

1 . Services

1.1 Australian Nanny Agency provides a placement service to screen, interview, assess, recruit and present, facilitate contracts for clients  that require professional household services (“Candidates”) with its clients (“Services”).

(a) We introduce your resume to the client based on their job description budget and needs, we are not offering you a job our job is to present you to the client for them to decide if you are suitable to their job description.

(b) We do not make the decision in regards to your employment this is the clients decision, we are here to find the most suitable job for your experience.

(c) Payment and salary is between you and the client and this is to be organised between you, you are responsible for ensuring the client pays your tax and superannuation.

(d) All information about clients are to remain private under Australian Privacy act. Discussing detail of the interviews and contracts are not to be discussed publicly.

(e) Once signing a contract for a role you are committed to commence the trial period,  and will not be interviewing for further roles.  Failure to fulfil a contract and start the trial period, you will require you to pay cost associated with recruitment and screening of a new candidate. You will be required to pay 50% of the placement fee to assist in screening a new candidate. This does not include the trial period as set out in item 4.1

1.2 On and from the Commencement Date, we will:

(a) Provide candidates with a free recruitment services  to help us understand your qualifications.

(b) Source, assess, conduct due diligence checks, and place with you the most suitable clients for your experience.

(c) Ensure that "you" Candidate hold necessary qualifications, certifications, and experience, including:

(i)  At least 2 years’ experience in your chosen household professional  industries.

(ii) A police check.

(iii) Current First aid and CPR Certification more less than 3 years old

(iv) A Working with Children’s check or DBS  (PAID employment)

(V) check you driving history, car registration and licence details

(vi) add your public details to our database including website and socials

(vii) add your email and text message  to our data base and job alerts system

1.3  As the Candidate  you will provide Professional  Services as described in the contract signed between you and the client after completion of the "Letter of Acceptance" signed by you.

1.4  We will perform the Services in return for no payment of the Fees from you.

1.5 In regard to  “you” the candidate being paid;

(a) The candidate “you” is our contractor, and we are not responsible for paying you.

(b) We are not responsible for the "you" the candidate  superannuation, worker’s compensation, liability insurance or any other employee entitlements.

1.6 We shall not be obliged to provide any Services which are not contained within this Agreement.

1.7 We will use our best efforts to ensure that the Services are provided in accordance with agreed upon timeframes generally placement can take from 2 - 12 weeks based on your experience.

1.8 We will be available to provide the Services strictly  Monday to Friday between the hours of 9:00am to 5:00pm.

2 . Commencement Date, Term & Location

2.1  This Agreement commences on (“Commencement Date”) until Termination in accordance with Clause 11

2.2 the Services will be provided, on the phone, or online, upon agreement between the parties.

2.3 The Candidate  will provide the client  Services at the location given by the client.

3. Minimum Commitment

3.1 You agree that the minimum commitment when engaged by the client is 4 hours a day. 

4.  Leave & Replacement

4.1 If, for whatever reason, the Candidate “you” that we place is unable to provide the agreed professional Services, we will use our best efforts to organise a temporary replacement. (“Replacement Candidate”), and Fees will be free of charge to you and the client. We cannot guarantee that we will be successful at finding the Replacement Nanny.

5 . Fees

5.1 Upon commencement of a position, the Client will pay us a non-refundable Placement fee.

5.2  If the "you" the candidate is using their own vehicle to provide the Professional  Services to the client during their shift or otherwise travel to/from the Location, the client must pay $0.80 per kilometre driven.

5.3 In addition to the above, the client will  be required to pay for any additional tools and resources that you provide, to improve the working relationship between you and the client.

6. Your Obligations

6.1  You acknowledge and agree that for us to be able to provide the Services without interruption at no cost, you will ensure that you:

(a) co-operate with and assist us in the performance of the Services; and

(b) promptly reply with in 24 hours and provide us with full and accurate information, data and explanations as and when required in full, we can not place you with out the requested documents being Working with children check, Police check and 5 references under the national law following the guidelines of https://www.acecqa.gov.au/ 

(c) provide feedback as to whether a client is suitable or otherwise within in 24 hours of interview, failure to do so will forfeit exclusivity of the client in which further candidates will be forward to the client for consideration.

6.2  If we are delayed or impeded or obliged to spend additional time or incur additional expenses in the performance of any of our obligations under this Agreement, by reason of your acts or omissions or failure to provide information or instructions or perform your obligations under this Agreement, then you shall forfeit interview to our clients.

6.3  You will not organise nanny Services directly with our clients, except through us and advise us of other agencies you are listed with.

6.4 The Candidate “you” and the  Client  agrees that it may not, in any circumstances, directly employ the candidate "you” of you work with the client directly you will required to pay the full placement fee and the buy out fee being $2500.00 and 20% of your early anticipated wage. 

6.5 You agree that any violation of this condition entitles us to liquidated damages from the Client  calculated at the value of the full placement Charges.

6.6  Notwithstanding that, the Client  will, after we have provided the Services, be obligated to Buy Out from this Agreement to employ the Candidate directly. Buying Out from this Agreement on these terms will cost $2500 + GST to the client.

7. Warranties

7.1  We will use reasonable care and skill in performing the Services.

7.2  If, in the first 14 days of a candidate  “you” having been placed with the client, that "you" the candidate terminates their working arrangement with the client, we will find a replacement for that Candidate and we will not charge the client for the Service of finding a replacement. 

7.3  Our provision of the Service to find a replacement  is subject to the availability of suitable candidates.

7.4  Clauses 5.2 and 5.3 will not apply where:

(a) The arrangement is terminated for reasons beyond the Candidates control.

(b) The Client terminates the arrangement with the Candidate for reasons other than the Candidates performance; or

(c) The client  terminates the arrangement unreasonably.

7.5  Except as provided in this Agreement no further warranty, condition, undertaking or term, express or implied, statutory, or otherwise as to the condition, quality, performance, or fitness for purpose of the Services provided hereunder is given or assumed by us other than as required at law. All implied warranties are hereby excluded.

8. Liability and Exclusion

8.1  While we will exercise our best endeavors to do so, we make no guarantees that we will be successful in finding the right Client for you.

8.2  You agree that we are not liable for any damage arising out of the candidates “you “performance of their services to the client.

8.3 Our liability for the loss or damage to client’s tangible property, arising out of or in connection with our provision of the Services, shall be limited in accordance with clause 8.2 of this Agreement.

8.4 Our total liability for direct losses or damage in contract, tort, misrepresentation or otherwise arising out of or in connection with this Agreement, or the performance of our obligations under this Agreement or the provision of the Services and Deliverables shall be limited to the total Fees paid (excluding GST and expenses) by the client  to us for the Services or Deliverables (as applicable) in the twelve (12) months immediately prior to the event(s) complained of. 

8.5 We will provide a client with a contract as a act of goodwill, however the client is responsible for the contract and it is between you and the client, we are not party to any issue relating to payment of contract.

9. Confidentiality

9.1 Both parties agree not to use or disclose confidential information relating to or owned by the other, received or disclosed to it by the other party during the term of this Agreement, save for use or disclosure required to perform their respective obligations under this Agreement.

9.2  The parties agree that information is not to be regarded as confidential and that the receiving party will have no obligation regarding confidentiality where that information is already in the public domain or enters the public domain through no fault of the receiving party.

9.3 We will be allowed to refer to you in any publicity after performance of the Services and with your permission, during the Services.

10. Intellectual Property

10.1  You recognize and acknowledge that all Intellectual Property Rights created out of performance of this Agreement immediately and automatically vests with us.

10.2 We grant you a non-exclusive, non-transferable, revocable license to use the Intellectual Property Rights owned by us that have been provided to you for the sole purpose of carrying out your business during the term of this Agreement.

11. Termination

11.1  The Services will commence on the Commencement Date and will continue in force for the time that client  is engaged, subject to any extension or any earlier termination.

11.2 We may terminate this Agreement immediately if the client  fail to pay our invoices and such sum remains unpaid for seven (7) days after notice has been given to them that such sum has not been paid.

11.3 We may terminate this Agreement for any reason by providing you with no written notice.

12. Situations or Events Outside our Reasonable Control

12.1   There are certain situations or events which occur which are not within our reasonable control. Where one of these occurs, we will notify you of such and attempt to recommence performing the Services as soon as the situation has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.

13. General

13.1  Variations to this Agreement will only be effective if in writing and signed by authorized representatives of both parties.

13.2 If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and replaced by a valid and enforceable provision which so far as possible achieves the parties' intent in agreeing to the original provision. The remaining provisions of this Agreement shall continue in full force and effect.

13.3 This Agreement shall be governed by, and construed in accordance with, the laws from time to time in force in Queensland. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.

By signing this Agreement, the Candidate accepts the Agreement Summary (including the Services listed above) and the Provider’s attached terms and conditions and agrees to its obligations under this Agreement and the Provider agrees to provide the Candidate with the Services.

EXECUTED as an AGREEMENT

EXECUTED in accordance with section 127 of the Corporations Act 2001 by P.C Murray Pty Ltd t/as AUSTRALIAN NANNY AGENCY :