Client Agreement
TERMS AND CONDITIONS
Please see these terms govern your use of our services and its content, ensuring a safe and respectful experience for all users. We encourage you to read them carefully, as they include important information regarding your rights and responsibilities. For any questions or clarifications regarding our terms and conditions, feel free to contact us.
CLIENT AGREEMENT
This Agreement governs the terms and conditions under which.
P.C Murray Pty Ltd (“Provider”, “Australian Nanny Agency”, “us” or “we”) provide 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
Phone Number: +61 0437027779
Email: info@australiannannyageny.com.au
CLIENT TERMS AND CONDTIONS
These terms and conditions apply to the Agreement between us pursuant to which Australian Nanny Agency( "ANA") (“PC 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 specialized 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 to us and we will either provide that "Candidates" or service directly to 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, Working with children check in relation of 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 by 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 a 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 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 is of a concerning nature regarding the "Client", then 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); and
(e) for all international placements, you are to provide lockable private living quarters with private bathroom, 3 healthy main meals , 2 snacks while on duty, internet access, health insurance, return airfares to the "Candidate" home country or agreed country for the "Candidate" upon completion of the "Candidates" 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 fee's or any other costs or loss of staff associated with "Candidate" contracting Covid19
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 7 days from the date from Commencement is made. 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, which shall be applied to accommodate the preparation of employment offers and associated documentation. This surcharge is part of the fast track recruitment process to ensure timely onboarding.
3.1.4 If the placement fee is not paid, the Candidate will be referred to other clients and legal action may be taken. In the event legal or other action is taken, you will be responsible for the payment of all costs associated with the recovery of the outstanding fees
3.1.5 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 the purpose of sourcing additional "Candidates" beyond this initial shortlist, of 1 - 3 suitable "Candidates", a search fee will be determined and applied to facilitate the continuation of the search process. We may send an invoice for 25% of the proposed placement fee to cover recruitment time.
3.2 ANA will send an invoice via e-mail with payment due within 7 days and must be settled before the commencement of "Candidates" duties; and 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 negotiated at time of booking
3.4 Agency or Placement fee will be quoted on a case by case basis, taking into consideration the "Clients" requirements with fees starting from;
3.4.1 Australian Placements One (1) month equivalent of the "Candidates" calculated salary
3.4.2 International Placements 20% of the "Candidates" 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 included
3.6 A placement is deemed satisfactory after;
3.6.1 Two (2) weeks Australian Roles
3.6.2 Four (4) weeks for International roles
the "Candidates" start date, after this date, the 1 free replacement "Candidates" is no longer applicable.
3.8 ANA do 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 this includes if a "Candidates" cannot work due to contracting Covid19
4.2 If you cancel the placement of a "Candidates" within 7 days of their scheduled start date, no refund will be given.
4.3 ANA reserves our right to immediately cancel any agreed services if the "Candidates" has been mistreated, working in an unsafe environment or is harmed in any way.
4.4.1 Trial Cancellation Policy and Fees
In the event that the "Client" wishes to cancel or reschedule a confirmed booking, the following cancellation fees shall apply:
4.4.2 More than 7 days prior to the scheduled start date:
No cancellation fee will be charged.
4.4.3 Between 7 and 1 day prior to the scheduled start date:
A cancellation fee of 25% of the total service fee shall be payable.
4.4.4 Between 24 hours and 12 hours prior to the scheduled start date:
A cancellation fee of 50% of the total service fee shall be payable.
4.4.5 Between 12 hours and 6 hours prior to the scheduled start date:
A cancellation fee of 75% of the total service fee shall be payable.
4.4.6 Less than 6 hours hours prior to the scheduled start date:
A cancellation fee of 100% of the total service fee shall be payable.
Additional Details:
- The "Client" agrees that these cancellation fees are a genuine pre-estimate of the Agency's losses and are payable whether or not the nanny is replaced.
- All cancellations must be made in writing via email and are only effective upon receipt by the Agency.
- The Agency reserves the right to waive or reduce cancellation fees at its sole discretion. With presentation of a doctors certificate.
5. Refunds & Guarantee
5.1 ANA has a no refund policy.
5.2 While ANA will use all reasonable endeavours to place the "Candidate" requested for each "Client" it does not guarantee this will always be possible.
5.3 We only offer ONE replacement within the first 14-day trial period.
6. Third-Party Suppliers
6.1 You acknowledge that Suppliers are responsible for providing you with the services, products that you request us to order on your behalf from time to time. ANA will communicate with the Supplier on your behalf unless it is more appropriate for you to contact the Supplier directly.
6.2 You agree that Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and you agree that such terms and condition will be binding upon you at the time of the order.
7. Privacy
Your details are subject to ANA’s privacy policy, incorporated into these terms and conditions by reference and set out on our website: www.australiannannyagency.com.au/privacypolicy. These apply at all times in relation to any data that ANA collect from you.
8. Confidentiality
8.1 Each party agrees to treat as confidential any information, other than information already in the public domain, which comes into their possession as a result of or in the performance of this agreement, including but not limited to information that relates to the goods or services being provided by ANA, either party’s business or personal information or the clientele of a party.
8.2 This clause 6 will survive termination of these terms and conditions.
9. Termination
Either party may terminate access to services for convenience by providing the other with 30 days notice of termination.
10. Limitation of Liability
10.1 Nothing in these terms and conditions will limit or exclude ANA's liability for:​
10.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
10.1.2 fraud or fraudulent misrepresentation; or
10.1.3 breach of the terms implied by Competition and Consumer Act 2010 (Cth).
10.2 Subject to clause 10.1:
10.2.1 ANA shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use, loss or corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, whether or not you have been advised of the possibility of such damage arising under or in connection with your use of ANA’s Staff Members and/or services; and
10.2.2 ANA's total liability to you in respect of all other losses arising under or in connection with your use of ANA’s Staff Members and/or services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the fees paid by you in any year.
10.3 Your agreement for the supply of goods and/or services with one of our third-party suppliers is made with the relevant Supplier only. ANA acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
10.4 You acknowledge that any agreement entered into by you with any Supplier is an independent contract. ANA disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through ANA.
10.5 ANA has no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival.
10.6 ANA shall not be liable to you or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of ANA's obligations in relation to the Services, if the delay or failure was due to any cause beyond ANA's reasonable control.
10.7 Except as expressly set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions.
10.8 This clause 10 will survive termination of these terms and conditions.
11. Dispute Resolution
11. 1 The parties agree to use their best efforts to resolve any dispute that may arise under these terms and conditions through good faith negotiations. No party shall commence litigation unless it has first invited the other party to meet for the purpose of resolving the dispute on mutually acceptable terms.
11. 2 Any dispute arising under these terms and conditions which cannot be settled by negotiation between the parties or their respective representatives will be referred to mediation. If the parties cannot agree on their choice of mediator a mediator will be appointed by the Law Society of Queensland who will select a mediator for them.
12. General
12.1 Interpretation​
In these terms and conditions, the following rules of interpretation apply:
12.1.2 headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these terms and conditions;
12.1.3 the singular includes the plural and vice-versa;
12.1.4 a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
12.1.5 the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
12.2 Notifications
ANA may provide any notification for the purposes of these terms and conditions by email.
12.3 Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these terms and conditions without ANA's prior written consent.
ANA may assign, transfer or sub-contract any of its rights or obligations under these terms and conditions at any time without notice to you.
12.4 No waiver
Waiver of any power or right under these terms and conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by ANA to act with respect to a breach by you or others does not waive WGS's right to act with respect to that breach or any subsequent or similar breaches.
12.5 Severability
The provisions of these terms and conditions are severable and, if any provision of these terms and conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
12.6 Variation
ANA reserves the right to amend these terms and conditions and any other policy in relation to its services at any time in its sole discretion and any such changes will unless otherwise noted, be effective immediately. Your continued usage of our services will mean you accept those amendments.
12.7 Governing law and jurisdiction
These terms and conditions will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts of appeal from them.
13. Non-Responsiveness Policy
To ensure efficient and timely communication during the placement process, the following policy applies:
13.1 •7-Day Non-Response: If the "Client" fails to respond to candidate profiles or agency communications within seven (7) consecutive days, the Agency reserves the right to pause all efforts in sourcing and presenting subsequent candidates until communication is re-established.
13.2 14-Day Non-Response: If the "Client" remains non-responsive for fourteen (14) consecutive days, the Agency will consider the job inactive and will cease all related activities.
13.3 21-Day Non-Response and Agreement Termination: If the "Client" fails to communicate with the Agency for twenty-one (21) consecutive days, the Client Agreement will be deemed terminated. Any deposit paid by the Client will be forfeited. Should the "Client" wish to resume the search or establish a new search, a new deposit may be required.
13.4 Search Fee Clause
In the event that the Agency supplies suitable "Candidate" profiles to the "Client", and the Client does not respond or provide feedback within seven (7) days of receipt of such profiles, the "Client" shall be liable to pay a search fee of AU$650.00 This fee will be invoiced to the "Client" upon the expiration of the seven (7) day period.
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