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Returning Client Application
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Returning Client Application
Returning Client Application
NAHUSAadmin
2017-01-09T10:32:58-08:00
Step
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2
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Name
*
First
Last
Spouse Full Name
First
Last
Email
*
Address
Street Address
Address Line 2
City
State / Province / Region
ZIP / Postal Code
Major Cross Streets
Do you live in a gated community?
Yes
No
Name of gated community
Home Phone
Cell Phone
Your Occupation
Your Spouse's Occupation
More Details
Estimated Start Date
MM slash DD slash YYYY
Estimated Weekly Salary
Past Household Employees?
Yes
No
Please Explain
What type of candidate or service are you interested in?
Nanny
Newborn Care Specialist
Housekeeper
Laundress
Chef
Butler
Couple
Driver
Estate Manager
Household Manager
Family Assistant
Personal Assistant
Executive Assistant
Party Server
What type of work arrangement do you anticipate?
Live-In
Live-Out
Permanent/Full-Time
(more than 35 hrs/wk for one year or longer)
Permanent/Part-Time
(20-35 hrs/wk for one year or longer)
Temporary
(1 day to 12 weeks)
Please give us a brief job description.
How many children do you have and what are genders, birth dates and names?
Gender
Date of Birth
Name
Are you expecting any more children in the next year?
Yes
No
Expected Due Date
Do any of your children require special care, medication or therapy of any kind?
Yes
No
Please Explain
Will Candidate Cook for Children?
Yes
No
Do your children have special dietary needs?
Yes
No
Please Explain
Square Footage of Home
Any special instructions regarding the care of your home?
Yes
No
Please Explain
Do you have any pets?
Yes
No
How many pets do you have? List each individually.
Name
Breed
Age
Gender
Nature
Do any of your pets require special care, medication or therapy of any kind?
Yes
No
Do your pets have any special dietary needs?
Yes
No
Have any of your pets ever bitten anyone?
Yes
No
How did you hear about us?
Friend
The Web
Advertisement
Returning Client
Corporate Employer Program
Other
CLIENT / AGENCY AGREEMENT
Nannies & Housekeepers, LLC, a Nevada limited liability company, and ("
Client
") hereby enter into this Client/Agency Agreement (the "
Agreement
").
Client Name
*
First
Last
1. Services: Client desires to hire an employee (“Candidate”) to provide in-home childcare or other domestic services. Nannies & Housekeepers is a referral agency and will make reasonable efforts according to applicable law to refer Candidates to Client. However, Client understands and agrees that employing a Candidate is ultimately Client’s decision, and that signing up with or paying Nannies & Housekeepers does not guarantee that Nannies & Housekeepers will find a suitable Candidate for Client.
2. Client Is Candidate’s Employer: Nannies & Housekeepers is not a party to any agreement made between Client and a Candidate. Client understands and agrees that the Candidate’s work schedule and the method, manner and means of employment, and any other terms and conditions of employment, will be determined by Client and the Candidate. Nannies & Housekeepers will not be responsible for the Candidate’s direction, supervision, control or compensation, and Nannies & Housekeepers is not the Candidate’s employer or co-employer with Client. Rather, Client will be solely responsible for the Candidate’s direction, supervision, control and compensation, and Client understands and agrees that Client is the Candidate’s employer. Accordingly, Client understands and agrees that it will be responsible for all employer related taxes, withholdings, obligations and requirements according to applicable law.
3. Confidential Information: Client understands and agrees that, to the maximum extent allowed by law, all information and materials about Candidates are to be kept strictly confidential and are to be used only in conjunction with Nannies & Housekeepers’ referral services. If Client provides Candidate information to another party and the other party hires or otherwise engages the Candidate without compensating Nannies & Housekeepers its full fees, Client will be responsible for paying Nannies & Housekeepers’ full fees as stated in this Agreement as if Nannies & Housekeepers had placed the Candidate with a client.
4. Fee Schedule: In the event Client employs or otherwise engages the services of a Candidate referred or introduced by Nannies & Housekeepers to Client, at any time from within one year of the date of Nannies & Housekeepers’ referral or introduction of the Candidate to Client, for any position even if not for the position originally sought by Client, Client agrees to pay Nannies & Housekeepers a referral fee pursuant to the terms of this Agreement. Client agrees to pay Nannies & Housekeepers a referral fee for each Candidate Client employs or otherwise engages.
5. Placement Package and Fees: Client agrees to pay Nannies & Housekeepers according to the placement package or fee structure indicated below: There is a one-time non-refundable $150 Consultation/Search Fee payable to N&H to begin the search process with a placement counselor, who will advise and support client throughout the hiring process. This fee also makes you a member of Nannies & Housekeepers Exclusive On Call Club, the Umbrella Registry, offering 24 hour a day access to our temporary and on call services 7 days a week.
The following benefits are included as part of the Placement Package:
• One-Year membership to the UROC (Umbrella Registry On-Call registry; renewable annually at the current rate of membership at time of renewal)
• Exclusive access to permanent placement counseling team
• Proof of Candidate’s Criminal Background Investigation; (all U.S. locations lived in during the past 7 years)
• Proof of Candidate’s National Sex Offender Website Check
• Proof of Candidate’s Basic Pre-Employment Drug Screening
• Proof of Candidate’s Social Security Verification
• Proof of Candidate’s Motor Vehicle Report
• Proof of Verification of Candidate’s First Aid and CPR Certifications (for Nannies)
Client shall pay Agent a non-refundable fee for each Original Candidate and Replacement Candidate equal to package percentage of such Candidate’s projected gross annual salary , which salary shall be no lower than reflected in the Application (the “Placement Fee”). Client shall pay Agent in full the Placement Fee upon Client’s offer of employment
a. Creditable Fee. In the event Client terminates an Original Candidate or the Original Candidate resigns, Client shall not be entitled to a refund of Original Candidate’s Placement Fee; however, subject to the terms of this Agreement, Client shall be entitled to Agent’s Search Services to locate the Replacement Candidate. If Client hires the Replacement Candidate, Client must pay the Placement Fee for such Replacement Candidate as described above, provided, however, that the Placement Fee for the Replacement Candidate shall be credited and reduced as follows:
MARK APPLICABLE PACKAGE BELOW
Plan A:
Term of ONE year
• Placement fee of 18% of projected gross annual salary
• 1-90 days: free replacement
• 91-180 days: 50% credit of original placement fee
• 181-365 days: 25% credit of original placement fee
Plan B:
Term of 6 months
• Placement fee of 15% of projected gross annual salary
• 1-90 days: free replacement
• 91-180 days: 50% credit of original placement fee
Plan C:
Term of 3 months
• Placement fee of 15% of projected gross annual salary
• Placement fee of 12% of projected gross annual salary
• 1-90 days: free replacement
NOTE: As used in this Agreement, “Client’s Credit” shall equal the specified percentage of the Placement Fee Client paid to Agent for the Original Candidate, which amount shall be credited against the Placement Fee Client must pay Agent for the Replacement Candidate. Solely by way of example, under the Placement Fee for the Original Candidate is $100 and such Candidate resigns on the one hundredth day of employment, Client’s Credit shall be $50, which amount shall be applied against the Placement Fee due for the Replacement Candidate. Temporary Placements
A flat-rate placement fee of $50 per day (maximum $150 per week) will be assessed for the duration of the temporary assignment. All candidates will have the Criminal, Motor Vehicle, and Sex Offender Background Checks, Social Security Verification and a negative Drug Screening prior to placement.
Other Domestic Staff (including but not limited to Household Managers, Butlers, Chefs, Chauffeurs): 18% of Projected Total Annual Salary; 90 day Free Replacement Guarantee
Out-Of-State Domestic Staffing Placements
25% of Projected Total Annual Salary; 90 day Free Replacement Guarantee
“Projected Total Annual Salary” is defined by hourly or salary compensation multiplied by 52 weeks, regardless of the duration of employment with a minimum of (20) twenty hours per week.
6. Payment of Placement Fees / Agreement to Charge: Client agrees to pay Nannies & Housekeepers all fees owed pursuant to this Agreement as soon as a Candidate referred by Nannies & Housekeepers accepts an offer of employment or other engagement from Client. Client understands and agrees that Client’s hiring or other engagement of a Candidate referred by Nannies & Housekeepers will constitute Client’s acceptance of the terms and conditions of this Agreement even if Client does not return this executed Agreement to Nannies & Housekeepers.
• Payment of the PLACEMENT FEE is due in full when Client’s chosen Candidate accepts Client’s Offer of Employment. The payment information entered on this form will be used to process the PLACEMENT FEE once Nannies & Housekeepers has received Client’s Offer and obtained Candidate’s Acceptance. A courtesy invoice will be sent for your records.
• By your signature below, you hereby authorize this charge or debit to the account listed in this Agreement.
All fees are non-refundable, earned in full, and due and payable according to the terms of this Agreement. If any fees or portions thereof are not paid when due, Nannies & Housekeepers will charge interest on the unpaid amount of the fee. Interest will be calculated by multiplying the unpaid balance by the periodic rate of .833% per month (TEN PERCENT [10%] ANNUAL PERCENTAGE RATE). The unpaid balance will bear interest until paid. If Client’s account is turned over to an agency or other entity for collection, all fees and interest, including but not limited to attorney’s fees and costs, incurred relating to the collection activity will be added to Client’s original balance and become payable to Nannies & Housekeepers according to the terms of this Agreement. Finally, if Nannies & Housekeepers agrees to accept payment other than by credit or debit card, Client agrees to pay Nannies & Housekeepers any charge Nannies & Housekeepers incurs if Client’s check or other payment is returned or refused for any reason.
Client further agrees to provide Nannies & Housekeepers with a valid credit card number, expiration date and other information; understands and agrees that Nannies & Housekeepers shall charge Client’s credit card for all fees and charges owed to Nannies & Housekeepers if Client fails to pay all fees and charges in a timely manner according to the terms of this Agreement; hereby irrevocably authorizes Nannies & Housekeepers to place charges on said account in accordance with this Agreement; and agrees to pay all such charges and fees billed to Client’s credit card according to the terms of this Agreement. Client will immediately give Nannies & Housekeepers new credit card information and an authorization for the new credit card(s) should Client cancel the credit card or should Client’s ability to use the credit card cease, for any reason.
7. Replacement Policy: Upon fulfillment of all the conditions listed herein, subject and limited to the terms of this Agreement, if the initial Candidate leaves Client’s employment within the replacement policy time limits set forth in Client’s selected Placement Package in Section 5 of this Agreement (from the Candidate’s first day of employment or other engagement with Client), Nannies & Housekeepers will make reasonable efforts according to applicable law for 30 days to provide additional referrals for a maximum of one replacement Candidate to Client. Client has 30 days from the date of the Candidate’s last day of employment or other engagement with Client to invoke this Replacement Policy with Nannies & Housekeepers. This Replacement Policy applies regardless of whether the Employment Relationship is dissolved by the Employer or the Employee.
Nannies & Housekeepers’ obligation to provide additional referrals is expressly conditioned on Client’s (1) satisfaction of all of its obligations under this Agreement, including but not limited to payment of all Nannies & Housekeepers fees and charges in a timely manner; (2) notification to Nannies & Housekeepers within 48 hours of the Candidate’s termination of employment; (3) abiding by all applicable laws, including paying the Candidate in a timely manner in full as required by law; (4) not materially changing the Candidate’s job duties or job description; and (5) not engaging in any acts of harassment, abuse, or moral turpitude in the context of the employment relationship. Determining compliance with these conditions is in the sole and absolute discretion of Nannies & Housekeepers.
If Client fails to satisfy all the aforementioned conditions, Nannies & Housekeepers shall have no further obligations to Client. Further, Nannies & Housekeepers shall be obligated to provide additional referrals to Client only for the first Candidate Client hires from Nannies & Housekeepers. Nannies & Housekeepers is under no obligation to provide additional referrals if any Candidates after the first Candidate leave Client’s employment for any reason or at any time. Nannies & Housekeepers’ obligation to provide additional referrals shall not apply if the Candidate gives Client notice of her or his intention to terminate her or his employment with Client at the end of the Replacement Period chosen by the Client in this contract or any time thereafter. Finally, if the compensation for the replacement Candidate is greater than the compensation paid to the initial Candidate, Client agrees to pay Nannies & Housekeepers an additional referral fee based on the referral fee formula in this Agreement.
8. DISCLAIMER/WAIVER/HOLD HARMLESS/LIMITATION OF LIABILITY: Nannies & Housekeepers assumes no liability or responsibility for, and makes no representations or warranties about, any information, material, errors, omissions, services, referrals, Candidates, employees, or potential employees (including but not limited to the qualifications or performance of Candidates) it provides to Client. Client’s use of Nannies & Housekeepers services is at Client’s own risk. Except as specified in this Agreement, Nannies & Housekeepers does not provide and specifically disclaims any express or implied guarantees or warranties to Client. Additionally, Nannies & Housekeepers does not employ or exercise control or discretion over Candidates or any person referred by Nannies & Housekeepers to Client, and disclaims all responsibilities for such individuals’ conduct or omissions.
By signing this Agreement, to the maximum extent permitted by law, Client hereby waives and releases Nannies & Housekeepers and its owners, agents, employees, officers, directors, attorneys, insurers, representatives and affiliated entities from all liability, including but not limited to liability arising from negligence, equipment, or the actions of any third party (including but not limited to Candidates or anyone referred to Client by Nannies & Housekeepers), arising under law or otherwise, occurring up to the time of executing this Agreement.
This Agreement does not govern claims that cannot be released by private agreement or that cannot lawfully be waived. In addition, this Agreement does not limit either party’s right, where applicable, to file, cooperate with or participate in an investigative proceeding of any governmental entity, or to file charges that do not seek personal relief for released claims with any governmental entity.
Additionally, to the maximum extent permitted by law, Client shall indemnify, defend and hold Nannies & Housekeepers and its owners, agents, employees, officers, directors, representatives, attorneys, insurers, and affiliated entities harmless against any damages or liability whatsoever arising out of or in any way in connection with Client’s negligence, omission(s) or misconduct. In no event shall either party be liable for consequential, incidental, exemplary, punitive, special or indirect damages of any kind. Further, a party’s aggregate liability for damages of any kind under this Agreement – excluding fees, costs and interest related to collections as referenced in section 5 of this Agreement and the indemnity, defense and hold harmless provision in section 7 of this Agreement – shall be limited to the amount of the referral fee received by or owed to Nannies & Housekeepers from Client, whichever is greater. If any waiver, exclusion or limitation of damages is not permitted by law, the parties’ liability to each other is limited to the maximum extent permitted by law.
9. Miscellaneous: This agreement shall be governed by and construed in accordance with the laws of the State of Nevada. Any action or proceeding commenced regarding this Agreement shall be brought in Clark County, Nevada.
This Agreement is entered into by Nannies & Housekeepers and Client without reliance upon any statement, representation, promise, inducement, or agreement not expressly contained herein. This Agreement constitutes the entire agreement between Nannies & Housekeepers and Client and supersedes all prior oral and written agreements between Nannies & Housekeepers and Client with respect to the subjects covered in this Agreement. This Agreement shall not be amended or modified except in a mutually agreed upon writing signed by Client and an authorized representative of Nannies & Housekeepers expressly demonstrating an intent to modify or amend this Agreement.
Client represents that it has carefully read and fully understands the scope and effect of all of the provisions of this Agreement; that it has had all such time that it desires within which to consider this Agreement; that it has had the opportunity to consult with an attorney of its own choosing and at its own expense to review this Agreement; and that it has availed itself of this opportunity to the extent, if any, that it wished to do so.
The terms of this Agreement are severable. The invalidity or unenforceability of any provision within this Agreement shall not affect the application of any other provision, provided that the essential terms and conditions of this Agreement for each party remain valid, binding and enforceable. Further, consistent with the purposes of this Agreement, any otherwise invalid provision of this Agreement may be reformed and, as reformed, enforced by any party to this Agreement.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Such counterparts, when taken together, shall constitute but one agreement.
Failure or delay on the part of either party to exercise any right, remedy, power or privilege under this Agreement shall not operate as a waiver of any other right, remedy, power or privilege. A waiver, to be effective, must be in writing and must be signed by the party making the waiver. A written waiver of a default shall not operate as a waiver of any other default or of the same type of default on a future occasion.
Neither party shall assign or transfer this Agreement or any interest herein without the prior written consent of the other party.
The rights and remedies provided in this Agreement shall be the sole and exclusive rights of the parties against one another relating to the subject matter of this Agreement.
The parties hereby certify, represent and warrant that they have carefully read this Agreement, that they fully understand its final and binding effect, and that they agree to all its terms and conditions.
MARK APPLICABLE PACKAGE
Plan A:
Plan B:
Plan C:
Signature
*
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I agree to the terms above.
Date Signed
*
MM slash DD slash YYYY
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