Terms of Use

This Agreement governs the use of the services (the “Service”) offered by Elite Nannies On Call, LLC (collectively referred to herein as Elite Nannies On Call) and elitnanniesoncall.com Web Site (the “Site”). Please read these Terms of Use (“Terms of Use” or “Agreement”) before using or continuing to use our services. Usage constitutes an agreement to all terms and conditions in this Agreement. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in this Agreement without modification by User. If you object to anything in this Agreement or the Privacy Policy, do not use the Service. The Terms of Use are subject to change effective upon posting on the Site of a revised version, and your use of the Service after such posting will constitute acceptance by you of the revised version of the Agreement.

Referral Fee

The Client shall pay to Elite Nannies On Call a referral fee based on the referral fee schedule for referral of a caregiver with the Client as indicated. Specifically, the Family agrees to pay the Agency Placement Fees are as follows: Full-time positions and part-time positions:

  • The Standard Placement plan- offers two choices: part-time and full-time. Full time includes a courtesy 6-month replacement policy and Part time includes a 3-month replacement policy. Placement fee: part-time $1,495 or full-time $1,695.
  • The Guarantee Option Plan-  hire a part-time or full-time nanny, but also want the assurance of an Guaranteed replacement policy for the year.   Please note: this plan is for each consecutive staff hire.  If multiple, concurrent staff is required, a placement plan would be requested per employee. Placement fee: $2,500.

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Please note all placement fees and $200 initial fee/ down payment are non-refundable.  For Short term and Special Needs Division Placements, Agency fees are 10% of the candidate’s Total Gross Annual Compensation. All placement fees need to be paid prior to the Caregiver’s employment start date.

Introduction

If at any time the Client hires a Caregiver introduced by Elite Nannies On Call for all jobs except full time permanent jobs the Client is obligated to pay to Elite Nannies On Call the referral fee as aforementioned and published in the Family Registration Packet. In the event that Client refers any Caregiver introduced to Client by Elite Nannies On Call to a third party who hires the permanent full time services of the Caregiver within two years of introduction, the Client shall be obligated to pay Elite Nannies On Call in full percentage fee based on current referral rates.

Referral Service

Client understands that Elite Nannies On Call is strictly a referral service and that the Client is solely responsible for the selection of the Caregiver. The Client further understands that it is the Client’s responsibility to confirm and verify all references and information supplied by Elite Nannies On Call and that the Client, and not Elite Nannies On Call, is the employer of the Caregiver. The Client acknowledges that the Caregiver is not an employee of Elite Nannies On Call and that in no event shall Elite Nannies On Call be liable or otherwise responsible for any action or performance of the Caregiver, including without limitation, the Caregiver’s negligence, malfeasance, nonfeasance or willful misconduct.

Indemnity

The Client on behalf of itself and all successors and assigns agrees to release and discharge Elite Nannies On Call, its officers, directors, employees and agents harmless from any and all liabilities, claims, action and causes of action whatsoever arising out of or in any way connected with the referral or subsequent action or performance of the Caregiver. Additionally, in the event Elite Nannies On Call is named as a defendant in a lawsuit involving the Caregiver, the Client or any other person, arising out of the Caregiver’s or the Client’s negligence, malfeasance, nonfeasance or willful misconduct, or involving the Client’s payment of Elite Nannies On Call ‘s fee, the Client agrees to indemnify Elite Nannies On Call and pay all of Elite Nannies On Call’s costs and attorneys’ fees.

Cancellation and Refund

If between the Hiring Date (the date that the Client agrees to have the Caregiver work and the Caregiver agrees to commit to the job) and the Commencement Date the Client desires to cancel the employment of the Caregiver, the Client shall be refunded the prepaid referral fee less a $200 processing fee. For Temporary Nanny Services, the charge will be $30 a day.
Please note once the Caregiver begins placement, all placement fees and $200 initial fee/ down payment are non-refundable.
Modification of Contract. This contract contains all the agreements and conditions under which the contract is to be performed and no course of dealing or usage of the trade shall be applicable unless expressly incorporated in this Contract. The terms and conditions contained in this Contract may not be added to, modified, superseded or otherwise altered except by written modification signed by authorized representative of Elite Nannies On Call.

Placement Guarantee

Elite Nannies On Call guarantees full-time and part time placement of a nanny for three months. We will replace a nanny for any reason should the client wish to do so.

Release

In the event that you have a dispute with one or more candidates, Caregivers, or applicants, you release Elite Nannies On Call (and our officers, directors, agents, investors, subsidiaries, and employees) from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Third Party Verification Services and Consumer Reports

Elite Nannies On Call may make available to Clients one or more third party verification services that provide consumer reports or identity check services (collectively, “Verification Services”) that enable Clients to inquire about selected information, including, but not limited to, the person’s identity and certain criminal convictions. Elite Nannies On Call com does not endorse or make any representations regarding the reliability of the Verification Services or the accuracy of any information provided through such Verification Services. You agree that Elite Nannies On Call may, in its discretion, rely on the information but that Elite Nannies On Call shall not be responsible or liable in any way in the event that any information provided by such Verification Services about any person, including without limitation any User, is not accurate.

Billing and Payment Policy

All Clients are obligated to pay for the services of Elite Nannies On Call, unless specifically notified otherwise. Pricing may be altered by any promotion selected at the time of registration. For all fees, Elite Nannies On Call will charge the Cleints credit card according to the agreed-upon fee; or send an invoice for services rendered. While Elite Nannies On Call will use reasonable commercial efforts to ensure the privacy of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold Elite Nannies On Call harmless for any damages that may result therefrom. Elite Nannies On Call will use a third party service to process credit card information. For further information regarding that service, please contact Elite Nannies On Call to request information about Elite Nannies On Call’s credit card processing company.

No Liability

Users agree not to hold Elite Nannies On Call Inc dba Elite Nannies On Call’s agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated from or otherwise were provided by a User. Users release Elite Nannies On Call and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes. Indemnification. By agreeing to the terms of this Agreement, Users agree to indemnify, defend, and hold harmless Elite Nannies On Call Inc. , its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as Elite Nannies On Call ) from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred by Elite Nannies On Call and Affiliates in connection with any claim by a third party arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims.

Arbitration

Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Broward County, Florida and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Elite Nannies On Call may seek any interim or preliminary relief from a court of competent jurisdiction in Broward County, Florida, necessary to protect the rights of property for you or Elite Nannies On Call pending the completion of arbitration.

General Provisions

Failure by Elite Nannies On Call to enforce any provision(s) of this Care Seeker Agreement shall not be construed as a waiver of any provision or right. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. Any controversy or claim that is not subject to the Arbitration provision set forth in these Terms of Use, other than action for a specific performance or for injunctive relief brought by Elite Nannies On Call, shall be exclusively brought in the federal, state, or local courts located in Broward County, Florida; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Care Seeker and Elite Nannies On Call. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Elite Nannies On Call its successors and assigns.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of Florida (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Broward County, Florida. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Elite Nannies On Call and Care Seekers with respect to the subject matter hereof, and Care Seekers have not relied upon any promises or representations by Elite Nannies On Call.