a. Agency means The Childminding Co Pty Ltd.
b. Agency’s Function means to connect Childminders and Families to enable a Childminder to provide services to a Family.
c. Booking Fee means the fee payable by the Family to the Agency, as dictated by the Agency and published in its Booking System.
d. Booking System means any system, whether electronic or otherwise, operated by the Agency to perform the Agency’s Function.
e. Childminder means a person to who the Agency introduces to a Family as part of the Agency’s Function.
f. Family means a person or persons who engage the Agency to match them with a person to potentially provide the Services to that person or persons.
g. Restraint Period means the period of time in which this Agreement is on foot, and for a further period of 12 months commencing at the end of this Agreement.
h. Services means the specific services required by the Family at the time a booking is made via the Agency, however these services will be in the nature of babysitting and nannying.
i. Services Fee means the fees payable by the Family to the Childminder for the provision of the Services, as dictated by the Agency and published in its Booking System.
a. The Agency provides the Agency’s Function through the following system:
a. This Contract applies to the discrete booking made by the Family via the Agency’s Booking System. It is intended to cover each and every use of the Booking System by the Family. Subsequently, these conditions may change, without notice to the Family, between each use of the Booking System.
a. The Agency discloses to the Family, and the Family acknowledges and accepts that as part of the Agency’s Function:
b. Further, the Agency does not offer any warranty to the Family about the provision of the Services by the Childminder, particularly but not limited:
c. Whilst the Agency may make enquiries of the Childminder from time to time, as may be held out on the Agency’s promotional material, the Agency cannot warrant that this information is true and up-to-date at the time that the booking is made and/or the time that the Services are rendered.
d. In accepting the provision of the Services by the Childminder, the Family acknowledges and agrees that they have satisfied themselves, by way of their own enquiries, of the matters raised in clause 4.b and 4.c herein.
e. The Agency does not any guarantee or warranty to the Family that:
a. The Family warrants to both the Agency and to the Childminder that:
a. The Agency may, from time to time, introduce or amend policies and procedures relating to the provision of the Services by the Childminder. Whilst those policies and procedures do not form part of this Agreement, the Family agrees to be bound to same.
a. At the time that the Family confirms a booking through the Agency’s Booking System, the Agency will charge a Booking Fee to the Family. The Family will pay the Booking Fee directly to the Agency.
b. The Booking Fee must be paid by a Family at each time for each individual booking made via the Booking System. For the avoidance of any confusion, each discrete provision of the Services by the Childminder will incur a Booking Fee e.g. to provide the Services on two separate evenings would require two separate Booking Fees to be paid.
c. The Booking Fee, once paid, is non-refundable.
a. Payment of the Services Fee is to be made by the Family to the Childminder either prior to, at the commencement, or at the end of the provision of the Services, at the discretion of the Childminder.
b. The Agency has no role to play in the event that there is a dispute as to payment of the Services Fee by the Family to the Childminder – it is a matter solely between the Family and the Childminder.
c. The Family acknowledges and agrees that the Services Fee is set at the sole discretion of the Agency and may be varied from time to time.
d. In the event that the booking is cancelled within 24 hours of the provision of the Services, the Family will be charged a Cancellation Fee of 10% of the Services Fee, unless in extenuating circumstances.
a. As a further consequence of clause 4.a, the Family:
a. The Family again acknowledges that the Childminder is engaged by them for the provision of the Services as an Independent Contractor, and that the Childminder is not an employee nor contractor of the Agency.
b. The Family acknowledge that if an employment relationship is construed to have arisen, whether by court of law or otherwise, then the matter of employment rights and obligations is solely between the Family and the Childminder.
c. The Agency is in no way liable to the Family in the event that the Family suffers any loss or damage as a consequence or in any way related to either or both:
a. The Family indemnifies the Agency against all expenses, losses, damages and costs (on a solicitor and client basis, and whether incurred by or awarded against the Agency) that the Agency may sustain or incur as a result, whether direct or indirect, as a consequence of:
b. The indemnity given in this clause 10 is a continuing indemnity and survives the termination or end of this Contract.
a. The Family agrees that during the Restraint Period they will neither approach a current or former Childminder, nor accept the approach of a current or former Childminder, for the provision of Services.
a. All information provided by either party to this Agreement to the other, or any information provided by a Family to the Childminder during the provision of the Services, will be treated as strictly confidential. It must not be disclosed to any other party, unless required by law or regulation, for the direct benefit of that party’s advisors, or with the prior written consent of the other party.
a. The terms of this Contract:
b. If any part of this Agreement is held to be invalid or enforceable, then this Agreement is to be read down to the extent of that invalid or unenforceable clause or clauses, and the remaining provisions of this Agreement will in no way be effected.
a. This contract is governed by the laws of Queensland. The parties irrevocably submit to the jurisdiction of the courts of Queensland.