Terms and Conditions

CUSTOMER AGREEMENT

NANNIES WHO CARE, INC.
CUSTOMER AGREEMENT

This Agreement entered into this day by and between NANNIES WHO CARE, INC.,a Florida corporation, hereinafter referred to as “NWC” and registrant, hereinafter referred to as Customer; 

RECITALS 

WHEREAS, NWC is a Florida corporation in the business of placing Nannies with various families; and WHEREAS, Customer is seeking the services of a temporary Nanny through NWC via an arrangement between NWC and Customer’s employer (hereinafter, “Employer”) pursuant to the terms of this Agreement and the Master Agreement between Employer and NWC. Customer desires to retain NWC to provide nanny placement services for the benefit of Customer and Customer’s dependent minor children (hereinafter, “Dependents”) (services under this Agreement hereinafter referred to as the “Services”).

NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the parties agree as follows;

  1. Customer hereby acknowledges that all fees of NWC under this Agreement are payable by Employer per the Master Agreement between Employer and NWC. Customer further acknowledges that this Agreement between Customer and NWC is supported by valuable consideration in the form of mutual promises and representations exchanged herein as a condition to NWC providing the Services to Customer. Customer further represents and warrants that Customer is the legal guardian of the Dependents for whom childcare is sought under this Agreement and that Customer has full authority to make arrangements for childcare services concerning Dependents. Any Services requested by Customer that are beyond the scope of the Employer’s benefits to Customer or NWC’s Master Agreement with Employer are not covered by this Agreement—Customer must execute a separate written agreement with NWC for services outside the scope of Customer’s Employer benefit.
  2. All Services are reserved and booked directly by the Customer through NWC’s website located at www.nannieswhocare.com. Customer agrees to create an account through the website and place all reservations and bookings for the Services through this method. Bookings for services are not confirmed until NWC provides notice of confirmation to Customer via email or text message. Customer is encouraged to separately acknowledge any requests for confirmation by the nanny directly. Customer agrees to provide personally identifying information and other facts to NWC upon request, including but not limited to names, addresses, phone number, and other contact information; ages, gender, special needs, medical history and issues of Dependents; pets; and other household information as determined by NWC. Customer agrees that NWC may store this information in its records and disclose it to Nannies in connection with the Services.
  3. The Customer hereby acknowledges that he or she may not use the same referrals or additional services referred by NWC on a subsequent occasion, in any work capacity, without paying the current agency fee to NWC. Customer agrees not to make any direct referral of an NWC Nanny to any third party and that all such referrals will be made directly to NWC for proper handling. Violation of this provision will result in an NWC agency fee payable to NWC by Customer of $40 per day.
  4. Fee Schedule and Fees in Event of Cancellation. The Customer agrees and acknowledges that Employer will be billed fees based on the schedule of fees set forth in the Master Agreement between NWC and Employer.
  5. NWC makes no warranties or representations guaranteeing placement availability concerning the Services. NWC reserves the right to determine availability on a case-by-case basis, and all placements and scheduling are subject to approval and confirmation of availability by NWC in its sole discretion. Customer acknowledges that NWC may refuse Services in a particular instance due to scheduling and availability limitations, including but not limited to placement during holidays or during exigent circumstances associated with COVID-19 pandemic, for example, but in any event NWC reserves the right to refuse Services to Customer for any reason in its sole discretion.
  6. Services will be provided only in the home of Customer or in other locations approved in advance by NWC. NWC’s personnel shall perform the Services consistent with reasonable professional standards of quality for dependent childcare, in accordance with the requirements of this Agreement, and in accordance with all applicable laws, regulations, license restrictions, and certifications. NWC represents and warrants that it is in full compliance with all regulatory requirements applicable to NWC, in good standing with all regulatory authorities in the states in which it operates, and has all licenses and permits required by law to provide the Services.
  7. Provider is in the business of providing childcare placement services (i.e. nannying) to minor dependent children. None of the Services under this Agreement are intended to include the provision of medical services or assisted living, or elder care. Although Provider provides the Services to children with disabilities or special needs, the Provider does not provide medical services or administer medications.
  8. Transportation by NWC of Customers or Dependents is expressly excluded from Services under this Agreement. All Services shall take place in the Customer’s home, and Customer and Dependents shall be solely responsible for all transportation needs of Customer or Dependents in connection with the provision of Services by NWC. Swimming or supervision of swimming, wading, or other aquatic activities by or with Dependents is also expressly excluded from Services under this Agreement.
  9. As a condition of receiving the Services, Customer agrees to indemnify, defend, and hold harmless NWC, its directors, officers, employee and agents from all suits, actions, claims, demands, damages, losses, expenses, and costs (including without limitation reasonable attorneys’ fees) arising out of or in connection 1) Customer’s breach of any obligation or duty under this Agreement, 2) personal or bodily injury (including without limitation abuse or death) to any person, including Customer or Dependents, in connection with this Agreement or the Services, or 3) loss of or damage to the property of any person or entity in connection with this Agreement or the Services, other than to the extent caused by the gross negligence or willful misconduct of NWC.
  10. All representations, warranties, covenants, and agreements of the parties contained in this Agreement, or in any instrument, or other writing provided for in it, shall survive the execution hereof.
  11. The validity or unenforceability of a particular provision of this Agreement shall not affect the other provisions hereof, and the Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
  12. No change or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.
  13. This Agreement shall be construed and regulated under and by the laws of the State of Florida and shall inure to the benefit of and be binding upon the parties hereto and their heirs, personal representative, successors, and assigns. This Agreement, and any claims relating to or arising out of this Agreement, whether arising in contract, tort, or otherwise, shall be governed and construed in accordance with the law of the State of Florida, without giving effect to conflicts of law principles. Any action or proceeding between the Parties relating to this Agreement shall take place in the United States District Court for the Middle District of Florida, Tampa Division, or the Sixth Judicial Circuit in and for Pinellas County, Florida.
  14. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys’ fees for such litigation and any subsequent appeals.
  15. Any notice required to be given under this Agreement, unless stated otherwise, shall be sent by email or text message, and any such notice shall be sufficient if so emailed or text messages to the last known email address or text messaging number of the party to be notified.
  16. The terms of this Agreement shall continue after the expiration of this Agreement if Customer continues employment with NWC without renewing this Agreement.
  17. The obligations contained in this Agreement may not be assigned, conveyed or transferred by any party without the prior written approval of the other party.
  18. This Agreement and any amendment may be executed in one or more counterparts. A facsimile or electronically scanned signature by a party, or an electronic signature, is a valid and binding execution and delivery of this Agreement or any amendment by that Party.