Client Agreement

CLIENT AGREEMENT

This Agreement governs the terms and conditions under which:

P.C. Murray Pty Ltd (“Provider”, “Australian Nanny Agency”, “us” or “we”) provides domestic and household staff (“Candidates” or “staff members”) to another individual or company (“Client” or “you”).

OUR DETAILS:

Company Name: P.C. Murray Pty Ltd
Phoenix Trust
Trading Company: Australian Nanny Agency
ACN: 660 490 424
ABN: 71 761 003 746
Registered Address: 5 Owen St, Port Douglas QLD 4873
 Office Number: +61 0437 027 779

Recruitments Number +61 0447621191
Email: info@australiannannyagency.com.au

CLIENT TERMS AND CONDITIONS

These terms and conditions apply to the Agreement between us pursuant to which Australian Nanny Agency ("ANA") (“P.C. Murray Pty Ltd”) agrees to provide "Candidates" and recruitment assistance, information and recommendations to you (“the Client”), either directly or by introducing you to a third-party supplier. By registering for ANA services on our website www.australiannannyagency.com.au or instructing us via email, text or telephone to provide you services, you agree to be bound by these terms and conditions.

1. SERVICES

1.1 We will provide nannies, maternity nurses, personal chefs, housekeepers, household managers, flight crew, boat crew (“Candidates”) and other specialised services to you as specified by you and agreed between us from time to time.

1.2 You will specify what "Candidates" you require orally or in writing, and we will agree with the detailed requirements and costs involved immediately or as soon as possible thereafter. We will then confirm our agreement in writing within 48 hours of any request for "Candidates" made by you.

1.3 ANA will provide the "Candidates" to you and attempt to satisfy any other services you may request. We will either provide those "Candidates" or services directly or ensure a third-party supplier provides the specified "Candidates" or services.

1.4 ANA undertakes to:

(a) take reasonable care in the selection of "Candidates";
(b) ensure the suppliers are properly qualified to perform the tasks allocated to them;
(c) take up references, background checks, and Working with Children Checks in relation to each "Candidate" to be used in the course of performing the services for you, prior to you engaging the "Candidate".

2. CLIENT OBLIGATIONS

2.1 You agree that all bookings must be made via ANA and that under no circumstances are bookings to be made directly with a "Candidate". The use and/or request to trial an ANA "Candidate" introduced by our agency will be deemed as acceptance of our Terms and Conditions of Business.

2.2 You agree that you will pay each "Candidate" referred to you directly at the end of each day or week, whichever is applicable.

2.3 You agree that ANA requires each placement to be in an occupationally safe environment and to ensure that you comply with all applicable occupational health and safety laws.

2.4 Where ANA (in its absolute discretion) believes that there is sufficient negative feedback or feedback of a concerning nature regarding the "Client", ANA will refrain from referring any further "Candidates" to you.

2.5 You agree to pay petrol and parking fees if your "Candidate" is using a car for work purposes and within work times.

2.6 You agree to notify ANA immediately if a "Candidate" has been introduced via a third party including, but not limited to, another agency, website or advertisement.

2.7 You acknowledge and agree that once you offer a trial and/or employment to a "Candidate", a placement fee will apply.

2.8 You agree that the "Candidate" must be employed directly or through your payroll or external payroll services.

2.9 You agree that you are responsible for the following:

(a) abiding by all the statutory obligations for employing a "Candidate";
(b) full-time, casual or part-time income tax payments (if applicable);
(c) workers’ compensation payments (if applicable);
(d) superannuation contributions (if applicable);
(e) for all international placements, you are to provide lockable private living quarters with private bathroom, three healthy main meals, two snacks while on duty, internet access, health insurance, and return airfares to the "Candidate’s" home country or agreed country upon completion of the assignment. The Client is also responsible for all visa requirements for the "Candidate" to work legally in that country.
(f) ANA cannot be held liable for any medical fees or any other costs or loss of staff associated with a "Candidate" contracting Covid-19.

3. PLACEMENT FEES AND REPLACEMENT GUARANTEE

3.1 You acknowledge and agree that all fees for placements:

3.1.1 Are payable in Australian Dollars or British Pound Sterling;
3.1.2 Are non-refundable;
3.1.3 Invoices are to be paid in full within 7 days from the date of commencement. No extensions will be given;
3.1.4 Any "Candidates" requested to commence within seven (7) days shall be subject to a twenty-five percent (25%) surcharge, applied to accommodate the preparation of employment offers and associated documentation. This surcharge is part of the fast-track recruitment process;
3.1.5 If the placement fee is not paid, the "Candidate" will be referred to other clients and legal action may be taken. You will be responsible for the payment of all costs associated with the recovery of the outstanding fees;
3.1.6 No search fee shall be levied on the shortlisted candidates that match the "Client's" job description. Should the "Client" elect to engage our services for additional searches beyond the initial shortlist  "Candidates", a search fee will be determined and applied. We may send an invoice for 25% of the proposed placement fee to cover recruitment time.

3.2 ANA will send an invoice via email with payment due within 7 days and must be settled before commencement. ANA holds the right not to dispatch any "Candidates" if the agency fee has not been received via direct transfer.

3.3 Temporary and travel placements up to 6 weeks will attract a one-off fee, with no trial period, to be negotiated at the time of booking.

3.4 Agency or placement fee will be quoted based on our fee schedule listed on our website , taking into consideration the "Client’s" requirements, with fees starting from:

3.4.1 Australian Placements – we have three choices of pay scale viewable on our website
3.4.2 International Placements – 20% of the "Candidate’s" calculated salary.

3.5 Any placement over 3 months will be viewed as a long-term placement based on a 12-month contract. A one-off referral fee will apply and replacement period is included.

3.6 A placement is deemed satisfactory after:

3.6.1 Two (2) weeks for Australian roles;
3.6.2 Four (4) weeks for international roles.
After this date, the one free replacement "Candidate" is no longer applicable.

3.8 ANA does not offer payment plans.

4. CANCELLATION POLICY

4.1 ANA cannot be held responsible for cancellations or no-shows of any "Candidates" after the trial period, including if a "Candidate" cannot work due to contracting Covid-19.

4.2 If you cancel the placement of a "Candidate" within 7 days of their scheduled start date, no refund will be given.

4.3 ANA reserves the right to immediately cancel any agreed services if the "Candidate" has been mistreated, is working in an unsafe environment, or is harmed in any way.

4.4 Trial Cancellation Policy and Fees

4.4.1 More than 7 days prior to the scheduled start date – no cancellation fee.
4.4.2 Between 7 and 1 day prior – 25% of the total service fee.
4.4.3 Between 24 and 12 hours prior – 50% of the total service fee.
4.4.4 Between 12 and 6 hours prior – 75% of the total service fee.
4.4.5 Less than 6 hours prior – 100% of the total service fee.

Additional Details:

• The "Client" agrees these fees are a genuine pre-estimate of the agency’s loss.
• All cancellations must be made in writing via email and are only effective upon receipt.
• The agency may waive or reduce fees at its discretion, with presentation of a doctor’s certificate.

5. REFUNDS & GUARANTEE

5.1 ANA has a no refund policy.
5.2 ANA will use reasonable endeavours to place the "Candidate" but cannot guarantee success.
5.3 We offer only ONE replacement within the first 14-day trial period.

6. THIRD-PARTY SUPPLIERS

6.1 You acknowledge suppliers are responsible for their goods/services. ANA acts as agent only unless stated otherwise.
6.2 Suppliers may impose their own terms, which you agree to when ordering.

7. PRIVACY

Your details are subject to ANA’s Privacy Policy at www.australiannannyagency.com.au/privacypolicy.

8. CONFIDENTIALITY

8.1 Both parties agree to keep all non-public information confidential.
8.2 This clause survives termination.

9. TERMINATION

Either party may terminate services with 30 days’ notice.

10. LIMITATION OF LIABILITY

10.1 ANA’s liability is not limited in cases of:

• Death or personal injury from negligence;
• Fraud or misrepresentation;
• Breach of Australian Consumer Law.

10.2 Otherwise:

• ANA is not liable for indirect or consequential loss;
• Maximum liability is the total fee paid by you in that year.

10.3 Agreements with suppliers are separate contracts.
10.4 ANA is not liable for supplier actions or omissions.
10.5 ANA is not liable for delays, omissions, or incorrect client instructions.
10.6 ANA is not liable for delays beyond its control.
10.7 All implied warranties are excluded to the extent permitted by law.
10.8 This clause survives termination.

11. DISPUTE RESOLUTION

11.1 Parties must attempt good-faith resolution before litigation.
11.2 Unresolved disputes go to mediation via the Law Society of Queensland if needed.

12. GENERAL

12.1 Interpretation:

• Headings are for reference only.
• Singular includes plural and vice versa.
• “Person” includes entities.
• Examples do not limit general words.

12.2 Notifications may be made via email.

12.3 Assignment:

• You may not assign rights without ANA’s consent.
• ANA may assign without notice.

12.4 No Waiver unless in writing.

12.5 Severability: If one part is invalid, the rest remains in force.

12.6 Variation: ANA may update terms at any time. Continued use = acceptance.

12.7 Governing Law: Queensland law applies.

13.4 Search Fee Clause
Where ANA has provided candidate profiles that match the Client’s job description, the Client must provide adequate feedback within five (5) days of receipt. Feedback may include acceptance, rejection, or requests for further profiles.

If the Client fails to respond, confirm, or otherwise engage in reasonable communication within five (5) days, ANA reserves the right to issue a Search Fee of $650 AUD. This fee reflects the professional time, expertise, and resources expended in conducting the search and ensures that candidate time is treated with fairness and respect. For the avoidance of doubt, this clause applies only where no upfront search fee has been charged under a premium service agreement.

Client Acknowledgement
By completing and submitting this form, I acknowledge that I have read, understood, and agree to be bound by the Terms and Conditions of the Australian Nanny Agency.

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