Parental/ Guardian Agreement

This agreement is made between Sitters of Stonnington (‘SOS’) and the Parents/Guardians using the booking service provided by SOS for the engagement of Babysitters for the care of the children of the Parents/Guardians.

It is at all times subject to the following Terms and Conditions:

Upon placing a booking and receiving confirmation; the Parties agree to be bound by these terms and conditions. These terms and conditions govern the use of our babysitting agency (the "Agency"). By using our Agency, you agree to be bound by these terms and conditions in their entirety. If you do not agree with these terms and conditions, you should not use our Agency.

Your use of our services and booking forms deem that you automatically accept any future changes that are made to these Terms & Conditions.

In this agreement, the following definitions apply:

“Babysitter” means the person entrusted to care for the child of the parent/guardian.

“Parent/Guardian” means the person representing to have the care and control of the child for whom the booking has been made.

“Working with Children Check” means an application to the appropriate authority pursuant to the Working with Children Act 2005, or any subsequent legislation.

Words with a singular meaning also incorporate the plural meaning of that word.

Agency Services

We will provide a Babysitter that has been personally vetted thoroughly by Sitters of Stonnington and has a current ‘Working with Children’s Check’.

Sitters who work with Children 3 and under are required to have a current First Aid Certificate.

All Sitters booked through our Agency are independent contractors.

Our Agency provides a booking service. We are not responsible for the actions of the Sitters involved in the provision of babysitting services. We do not guarantee the quality, safety, or reliability of any Sitter booked through our Agency.

SOS is at all times a booking agency. Importantly, it remains the responsibility of the Parent/Guardian to approve and accept the suitability of the Babysitter to care for their child.

SOS conduct working with children checks in relation to all Babysitters and does not act as an agent for any person who does not pass the appropriate standard to work directly with children. It does not, however, provide any warranty or guarantee of the fitness of the Babysitter/Guardian for the care of the particular child in the circumstances.

The Parent/Guardian acknowledges that it will be bound by these terms and conditions and upon making a booking with Sitters of Stonnington, or completing a registration form is deemed to have read and accepted these terms and conditions.

Expectation of Sitting Services

The sitter is expected to provide a safe, nurturing & responsible environment for the children in their care. The sitter will follow all instructions provided by the parent or legal guardian regarding the care of the children, including but not limited to meal preparation, bedtime routines, and activities.

The sitter shall supervise the children at all times and take all necessary precautions to prevent accidents or injuries. In the event of an emergency or injury, the sitter shall immediately notify the parent or legal guardian and seek medical attention as necessary.

The sitter shall respect the privacy and property of the client and shall not invite guests or engage in any activities that may be deemed inappropriate or unsafe.

The sitter shall maintain open and honest communication with the client, and shall promptly report any issues or concerns that arise during the sitting arrangement.

The sitter shall arrive on time and adhere to the agreed-upon schedule. In the event of unforeseen circumstances, such as illness, the Agency will endeavor to find a suitable replacement.

The sitter agrees to keep confidential all information regarding the client and their family, including but not limited to personal information, schedules, and activities.

Photographs of the Clients Children will be provided by the sitter to the client throughout the service unless the Client refuses photograph updates. Any photographs will be deleted by the sitter at the conclusion of the service.

Provision of Medical Treatment to Children

The sitter is not authorized to administer any medication to the children without the express written consent of the parent or legal guardian. In the event that the sitter becomes aware that a child requires medication, they must notify the parent or legal guardian immediately. The sitter shall not provide any medication, including over-the-counter medication unless explicitly instructed to do so by the parent or legal guardian in writing, this includes any Panadol/ Nurofen or like medicines.

Communication is Key  

Each family that engages our services will have the opportunity to provide a set of instructions that is tailored to their individual family’s needs. Each sitter will be briefed accordingly and provided the family requirements prior to attending. However, it is your responsibility to ensure that any additional expectations are clearly communicated to the sitter.

Any specific allergies or important information regarding your children’s needs is the responsibility of the Parent/ Guardian to communicate to the sitter and SOS does not take responsibility for this communication.

The main priority of any sitter is to ensure that your children are safe, happy, feed, and cared for.

They are also there to help make your life easier and assist with any light household duties - such as wiping down bench, stacking/unpacking the dishwasher, preparing food, clean-up of floor toys etc. However please respect that they are not a cleaner.

Treatment of our Sitters

All of our sitters are entitled to feel safe and supported in their working environment/ your homes. Under no circumstances will any level of abuse or treatment that is not appropriate of a workplace; be tolerated.

By booking a sitter through our agency, you agree to be bound by our Code of Conduct.

Any Parent/ Guardian that mistreats any sitter, will be blacklisted and if necessary any appropriate action will be taken, including notification to the authorities if necessary.

All sitters have regular contact with our Agency and supported to speak up. Post every booking all sitters are invited to provide any feedback or commentary that ensures a level of transparency and safety. 

Booking Fee

As a client of our service agency, upon requesting a sitter you are required to pay the Booking fee for our services upfront via a direct link on our website using a secure third party provider - Stripe.

The current service fee and booking fee is displayed on our website and may be subject to change at any time, depending on the booking request (for example, last minute bookings may incur a higher booking fee). We will endeavour to always notify you if there is a change to your booking fee for any reason in advance.

In the event of any disputes regarding the service fee or any other charges, our decision will be final and binding. By using our service agency, you agree to pay all reasonable fees and charges associated with your booking and any other services provided by us. Failure to pay any fees or charges may result in the suspension or termination of your account and/or legal action to recover any outstanding amounts.

We reserve the right to modify or waive any fees or charges at our discretion. Any changes to fees or charges will be clearly communicated to you in advance.

Our Agency charges a booking fee for our services which then enables a request to be fulfilled by one our registered sitters. The booking fee is payable by direct link at the time of booking via an encrypted Stripe Link. The booking fee is non-refundable unless otherwise agreed to by the Agency in unavoidable circumstances such as illness.

All payments between the client and SOS are confidential and are not to be discussed with any sitter directly at any time.

Our service is a ‘cashless’ service. Therefore no cash or bank transfers are accepted and strictly prohibited from exchanging between the client and sitters.

Payment of Invoices

Upon the completion of your sitting job, a sitter will submit a timesheet to our service and you will be invoiced accordingly based on this timesheet. If there is any discrepancy as to the final amount charged - you must contact our service via email within 24 hours to advise accordingly or the amount invoiced will remain due.

All invoices will include a charge for GST.

Cancellation of Bookings

The client agrees to provide the Agency with as much notice as possible in the event of a cancellation.

If the client cancels within 24 hours of the scheduled start time, they shall be required to pay a cancellation fee equivalent to two hours of the sitter's hourly rate, and the booking fee to our agency is forfeited by the client. As all bookings are prepaid at the time of booking – any cancellation fees that apply will be retained by the Agency and any extra money will be refunded to your card accordingly, with a receipt provided to the client).

If the client cancels with more than 24 hour’s notice, no cancellation fee shall apply.

In the event of unforeseen circumstances and at the Agency’s discretion any cancellation fees may not be applicable.
 

Liability
When you book a Sitter through our Agency, you are entering into a third-party contract with the Sitter. We are not a party to this contract and are not liable for any breach of contract by the Sitter.

SOS is not in any way liable for any loss, expense, injury, delay or damage the Client or any other person may suffer or incur, as a result of the wrongful acts, omissions, or negligence of the Babysitter.

All sitters associated with SOS are advised to obtain an individual insurance policy through nannysure.com.au or a like insurance provider.

Our Agency is not liable for any loss or damage, whether direct or indirect, arising out of or in connection with the use of our Agency or any Sitter booked through our Agency. We are not liable for any injury, illness, or death that may occur as a result of the actions of a Sitter or any other third party involved in the provision of babysitting services.

Privacy

All communication, whether written or oral and however communicated, shall be confidential between the parties. 

The Client undertakes that the contact details for any sitter engaged by the Client, through our service shall remain confidential, and that such details shall not be made available to any other person, company or private employer without the consent of SOS. 

Information supplied by SOS is confidential and is accepted by the Client on the condition that such information will not be disclosed to third parties or be used for private advantage. 

All correspondence and records shall be confidential and remain the property of SOS.

Intellectual Property 

All content and materials provided by our babysitting service agency, including but not limited to text, graphics, logos, images, videos, and software, are the property of our agency and are protected by intellectual property laws.

You may not copy, reproduce, distribute, publish, display, modify, or create derivative works of any content or materials provided by our agency without our prior written consent.

Our agency respects the intellectual property rights of others, and we expect our clients and contractors to do the same. If you believe that any content or materials provided by our agency infringe on your intellectual property rights, please contact us immediately.

Any content or materials provided by our contractors during the course of providing babysitting services are the property of SOS.

If you choose to provide feedback or suggestions to our agency regarding our services or website, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable license to use, modify, reproduce, distribute, and display such feedback or suggestions in any form or media, without compensation to you.

This intellectual property clause will survive the termination of your use of our agency.

Governing Law

These terms and conditions are governed by the laws of the State of Victoria, Australia. Any disputes arising from the use of our Agency will be subject to the jurisdiction of the courts of Victoria.

Future Amendments

We reserve the right to amend these terms and conditions at any time. Any amendments will be effective immediately upon posting on our website. Your continued use of our Agency after any amendments will be deemed as acceptance of the amended terms and conditions.

Severability

If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and our Agency and supersede all prior agreements and understandings, whether written or oral, relating to the use of our Agency.

Trust Provision

Our Agency and network is built on the basis of trust. We aim to service our clients and require transparency and respect to provide a boutique service such as SOS. Our sitters as contractors and understand that no direct soliciting and private arrangements will be tolerated. By completing a booking request, you agree that you will not contact the sitters of our Agency directly for any future arrangements or services.

If you require a more permanent care solution and would like to look at the possibility of offering this type of arrangement to one of our sitters, the Agency are happy to facilitate this discussion and support you and the sitter. A fee is applicable in these circumstances at our discretion; should the sitter wish to work with you exclusively on an ongoing basis. This fee is non-refundable in the event the private arrangement does not work out.

Ongoing Sitting Arrangements

If you have an ongoing arrangement with SOS and a regular sitter, you will be billed weekly in line with your agreed arrangements hours and inclusive of our service fee. All payments will be charged via stripe and are set up on a recurring basis.

Our weekly service fee assists with our ongoing management and support costs, including sitter insurance and provides assistance to the client in the event coverage is needed for the arrangement. At all times we are here to assist our clients and ensure they feel supported by our service.

If you need to cancel or alter this arrangement, please email our founders directly. A full week’s notice is required to cancel the agreement and is payable (based on the average of the nannie’s weekly expected hours).

In the event that you are on holiday or do not require your nanny for a period of time (for example school holidays) your weekly service fee for our service will remain payable during this time; unless otherwise pre-approved by our agency (as this fee is calculated on a pro-rated basis throughout the year to assist with our ongoing service costs).

If you require additional weekly hours on an ad-hoc basis this will not attract a booking fee and is considered as inclusive (excluding weekend bookings* dependent on sitter availability) and additional booking fees will be communicated by us at the time of booking.

Communication and direct Booking Requests with our Sitters and Nannies is Strictly Prohibited

At no time shall a client directly book or request to book in the future with a Sitter or Nanny registered with our service. This is in direct breach of our service and does not support the ethos within our community. If a family is found to have booked a sitter directly, they will be sent an invoice that is payable for our booking fee at the rate of $100.00 as an accepted penalty for the breach.

In the instance that a family makes a private arrangement with a Nanny after an introduction through our service and has relied upon our agency for the introduction and correspondence to this effect can support any claims between the parties; an invoice for $4000 will be sent to the client and is payable immediately. Any disputed claims will be referred to the small claims tribunal for resolution with any additional costs in defending the claim, will be sought against the client in an additional application.

Our service is built on trust and respect to be able to deliver a high level of service and in accepting these terms and conditions you acknowledge the above. If you have any questions or require any assistance to understand any of the terms or conditions please contact our office for assistance.