Standard Terms & Conditions of Service
"Client" is the person paying application and additional Placement Fees for childcare referral services.
Completion of the Nanny/Parent application represents each Client’s acceptance of the authority of Georgetown Nanny Inc as qualified to provide employment referral services and authorized to do business in the District of Columbia.
Payment of the application fee is required to begin any service. No obligation is occurred without payment of the application fee which is non refundable.
Each Client represents that by payment of application fee they are entitled only to review profiles and interview nanny candidates. The agency must be contacted to hire any nanny candidate.
The Client agrees that receipt of candidate information is a form of contract for service and is thus an agreement to pay the application fee.
Georgetown Nanny Inc will not be responsible for payment for any goods or services furnished without a written or electronic Agreement.
Georgetown Nanny Inc reserves the right to cancel any Contract/Agreement for any reason.
Agreement to Provide and Pay for Services
During the term of this Agreement, Georgetown Nanny Inc agrees to provide Clients with qualified information about each perspective candidate that is intended to assist in evaluating the general integrity and/or dependability and/or ability of the Nanny Candidate to provide childcare services and allow each family to interview such candidates until a candidate is chosen.
The Client, during the term of this Agreement, renders themselves subject to compliance with the terms of this Agreement in a manner consistent with all applicable federal and state laws, statutes, regulations, rules and ordinances (“applicable Laws”).
During the term of this Agreement, the Client agrees to accept and utilize the Services in a manner consistent with all applicable Laws and Georgetown Nanny Inc rules:
After payment of the placement fee and upon request, Georgetown Nanny inc staff will furnish the Client with a reasonable number of nanny/candidate profiles for either Staffing or Permanent Placement the particular Service or Services
The client may contact Georgetown Nanny Inc during normal business hours, or after hours and have the Georgetown Nanny Inc teams assist in the evaluation each candidate by email or phone and schedule interviews until the Client finds a candidate to hire. Georgetown Nanny Inc staff may provide the Client with a process by which they may over the Internet through the use of a web site maintained by Georgetown Nanny Inc, evaluate answers from a properly completed application and receive feedback with respect to each nanny profile.
The family/Client has the ultimate responsibility to choose their Nanny.
Each Client of Georgetown Nanny, Inc
- Will use the Services and the profiles/Bios of Nannies/Candidates in strict compliance with all applicable Laws, and for exclusives employment purposes only.
- Will permit only the Client’s designated representatives to request Nanny Profiles on their behalf as established in written agreement.
- Will hold the Profiles/ Bios, and other information provided by or derived through the Services in strict confidence, and will not disclose or resell any of the same to any other person or entity, including, without limitation, the Applicant, without the express written permission of an authorized officer of the Georgetown Nanny Inc team, unless required to do so by applicable Laws.
Payment for Services
The Client agrees to pay for all Services ordered. All payments are due thirty (15) days from contract date, (Contracts for permanent placement and are due within 7 days of the candidates’ hire date. Contracts for staffing service are due prior to the nanny start date.) and the Client will be charged a late fee of $25 per day late fee after day seven. We may suspend or terminate the Services for non-payment
Mutual Indemnification
Client agrees to indemnify, defend, and hold harmless Georgetown Nanny Inc and its officers, directors and employees from and against all claims, demands, liabilities, suits, damages, costs and expenses of every kind and description, including penalties and reasonable attorneys fees, proximately resulting from any negligent act or omission of Georgetown Nanny Inc or its officers, directors, or employees, or from any breach by Georgetown of any obligation, representations, or warranties under this Agreement.
Client agrees to indemnify, defend, and hold harmless Georgetown and its officers, directors and employees from and against all claims, demands, liabilities, suits, damages, costs and expenses of every kind and description, including penalties and reasonable attorneys fees, proximately resulting from any negligent act or omission of Vendor or its officers, directors, or employees, or from any breach by Vendor of any obligation, representations, or warranties under this Agreement.
Loss of Profits
In no event shall Georgetown Nanny Inc or their respective officers, agents or employees be liable for loss of profits or for indirect, special, incidental or consequential damages, to either Georgetown Nanny Inc arising out of or related to the performance of this Agreement.
Insurance
Georgetown Nanny Inc shall maintain, unless otherwise specified, comprehensive general liability insurance in the amount of at least $1,000,000 combined single limit per occurrence/$2,000,000 aggregate, worker's compensation coverage including employer's liability, in accordance with appropriate federal and state laws; automobile liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 per accident throughout the performance of this Agreement.
Professional Liability Insurance
Additionally, Clients may require Nannies to maintain professional liability insurance for claims arising from real or alleged errors, omissions, or negligent acts committed in the performance of design services associated with this agreement with limits of not less than $1,000,000 per claim.
Relationship
Nannies are independent contractors of Georgetown Nanny Inc, not a partner, agent or joint venture of Georgetown Nanny Inc and as such shall provide and maintain Worker's Compensation Insurance to statutory limits on all of its employees working or located on Georgetown Nanny Inc property. No further business relationship is inferred beyond the terms of the Agreement and neither party shall hold itself out contrary to these terms by advertising or otherwise, nor shall either party be bound by any representation, act or omission whatsoever of the other.
Non-Discrimination Laws
Client agrees to comply with all applicable non-discrimination laws, including but not limited to, the Americans with Disabilities Act, in the provision of Product, Equipment and Services under this Purchase Order/Agreement. Georgetown Nanny Inc is an Equal Opportunity Employer.
Confidentiality
All information contained in this Agreement will remain proprietary and confidential.
Names or Marks
Each Client agrees not to use Georgetown Nanny Inc’s names or marks without prior written permission including but not limited to use in Client Lists and promotional materials.
Law Governing
This Agreement shall be construed in accordance with, and its performance governed by, the laws of the District of Columbia. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Washington, DC, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Force Majeure
Neither Georgetown Nanny Inc nor Vendor shall be responsible for any failure or delay in the performance of any obligations under this Agreement to the extent that failure is caused by Force Majeure including acts of God, flood, fire, labor disputes, riots or civil commotions, litigation, war, terrorism, or other act of any foreign nation, power of government, or governmental agency or authority; or acts or omissions of the other party; or non-delivery or delays in delivery by any other supplier of goods or services deliverable under this Agreement.
Assignment of Contract
Neither Georgetown nor Vendor may assign this Agreement or any right or obligation there under without the prior written consent of the other party.
Severability of Clauses
The terms of this Agreement are severable such that if any term or provision is declared by a court of competent jurisdiction to be illegal, the remainder of the provisions shall continue to be valid and enforceable.
Anti-Terrorism
Client agrees to comply with all Federal anti-terrorism rules and regulations. Vendor's signature below shall serve as certification that, to the best of Vendor's knowledge, Vendor (a) is not, (b) has not been designated as, (c) is not owned, affiliated, or controlled by, and (d) does not support, assist or aid a suspected terrorist organization or individual as defined by Federal law including, but not limited to, Executive Order 13224.
Our Internet Services
If the Services are ordered and/or delivered over the Internet, the following provisions apply:
Right to Use the Service:
Subject to the provisions contained herein, We hereby grant to You the right, to be exercised only by Your “Authorized Users,” as defined in Section C.4., to access those portions of the Georgetown Nanny Inc website as may be designated from time to time by Georgetown Nanny Inc and to use those portions of the website for the purpose of ordering and receiving Services. Such rights of access and use will terminate upon termination of this Agreement or as may be otherwise provided in this Agreement.
Consideration:
In consideration of Georgetown Nanny Inc providing the Client with the Services, the Client agrees to comply with the terms of this Agreement.
No Virus, etc.:
We have taken reasonable precautions to prevent the presence of viruses, Trojan horses, worms, cancelbots or other harmful components in the transmission of any of the reports delivered in connection with the Services or other communications to and from Georgetown Nanny Inc.
However, by using the Internet to order and receive Services, or to otherwise communicate with Georgetown Nanny Inc, the Clients assumes the risk that viruses or such other harmful components may be transmitted. We recommend that the Client install and utilize appropriate anti-virus and/or similar software or use other appropriate protections.
Security:
The profiles and/or other Services may be ordered from, or other information delivered in response to such orders may be viewed on, secure portions of the Georgetown Nanny Inc website. Access to secure portions of the Georgetown Nanny Inc website will be password protected.
The Client is responsible for the use and maintenance of the integrity of their individual user name and password. The creation of customer and user names and passwords will be in accordance with procedures established, supplemented and modified by Georgetown Nanny Inc. Georgetown Nanny Inc will not share the information from the profiles or families outside of the scope necessary to deliver employment staffing services.
SECURITY OF THE SERVICES OR OF THE CONTENT, INFORMATION OR DATA TRANSMITTED THROUGH THE SERVICES HOWEVER, WE DO NOT WARRANT OR GUARANTEE THE INTEGRITY OR THE OR CONTAINED WITHIN ANY PORTION OF OUR WEBSITE(S).
Term and Termination
This Agreement will begin on the date the non refundable application fee is paid and will continue in effect for an initial term of one (1) year (“Initial Term”). After the Initial Term, this Agreement will automatically renew for additional one (1) year periods (each, a “Renewal Term”) unless this Agreement is terminated as hereinafter provided. Either party may terminate this Agreement prior to the end of the Initial contract date.
Limitation of Liability
THE AMOUNT OF ACTUAL DAMAGES THAT A CLIENT MAY RECOVER FROM Georgetown Nanny, Inc IS AGREED TO BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID TO Georgetown Nanny Inc. THESE LIMITATIONS UPON DAMAGES AND CLAIMS ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
THE CLIENT AGREES THAT ANY CLAIM OR CAUSE OF ACTION WHICH A CLIENT MAY HAVE ARISING OUT OF A CLAIM RELATED TO THIS AGREEMENT OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR THE CLAIM OR CAUSE OF ACTION WILL FOREVER BE BARRED.
Notices
We may send notices to the Client by electronic mail, regular mail, courier or overnight delivery to the electronic mail address, mailing address or delivery address of the “primary contact” designated on the signature page of this Agreement, or the address of such primary contact most recently provided.
The Client may send notices by electronic mail at staff@georgetownnanny.com or by regular mail, courier or overnight delivery addressed to:
Georgetown Nanny Inc, 2201 Wisconsin Ave NW Ste C120, Washington Dc 20007.
Notices will be effective upon transmission or delivery.