Terms and Conditions – Childcarer

Parties:

  • Tinies Childcare
  • Nanny/Babysitter

(Collectively, “the Parties”)

Background:

  1. (Tinies Childcare) wishes to engage the Contractor to provide Nanny/Babysitter services, more fully described in the Schedule to these Terms and Conditions or otherwise agreed from time to time in writing (“the Services”).
  2. The Parties wish to record the terms and conditions by which the Contractor is to provide the Services to (Tinies Childcare) in these Terms and Conditions

Term:

  • Adherence to these Terms and Conditions by the Contractor will commence on the date it is sent to the Contractor via email and continue until agreed by the parties in writing unless terminated earlier in accordance with the termination clause.
  • Once these Terms and Conditions have been sent to the Contractor, any further correspondence (verbal, text, email or through social media) or completion of work is confirmed as acceptance of these Terms and Conditions.

Services to be provided:

The Contractor agrees to:

  • Ensure that the Services are performed in a professional and competent manner as per, but not limited to the Schedule (enclosed);
  • At all times comply with all legislation, regulations and any industry codes of practice applying to the provision of the Services including all applicable health and safety requirements, including taking all practicable steps to protect the health and safety of children as outlined in the NEONZ Code of Conduct as set out in the Schedule;
  • In the case of a medical emergency, use standard First Aid procedures to minimise further injury or loss to the injured party or to any other person and then seek medical assistance, if necessary;
  • As soon as practicable following any injury or near-miss, advise (Tinies Childcare)

Failure to Comply:

Should the Contractor fail to meet the requirements as set out in these Terms and Conditions and in relation to one or any jobs taken on through Tinies, either verbally or in writing, they Contractor is aware they are liable for the costs incurred by Tinies Childcare. This includes but is not limited to;

  • Accepting a position, verbally or in writing (casual, temporary or permanent) with a Tinies Client or Tinies and then pulling out before the job commences. In all situations, Tinies reserves the right to charge a fine of $50+GST when the Contractor has pulled out due to anything less than an emergency, with proof. Furthermore, Tinies reserves the right to charge the Contractor the full fee that Tinies would have lost, due to the Nanny/Babysitter pulling out.
  • Losing Tinies one or more clients and their future custom. This can result in a full-time permanent agency fee (between $475+GST and $1000+GST) being charged for each client that Tinies loses due to the Contractors negligence or failure to follow these Terms and Conditions , regardless of whether the client is currently a babysitting client, temp client or permanent client.

Payment:

(a)     The Contractor will be paid a fee of $16 per hour (including GST, if any) for the performance of a babysitter (any casual job that starts 4:30pm or later)

(b)     The Contractor will be paid an hourly rate of $20 per hour for the performance of a casual    temporary Nanny (any job between 3 hours and 2 weeks) starting prior to 4:30pm. The hourly rate will remain at $20 per hour until 7pm and then move to the babysitting rate as above, after 7pm.

  • If there is a child under the age of 6 months or an extra child or family, the hourly rate goes up by $2 per hour for each occurrence.
  • The Contractor is willing to have Tinies provide an invoice on behalf of them to Tinies clients, should they request one.
  • If the client cancels with less than one hours’ notice to the Contractor and/or Agency, the Contractor is permitted to charge a 3 hour minimum. Tinies Childcare is not liable for these costs, should the client not pay. However, Tinies will do their best to assist the Contractor in obtaining the fee.
  • The Contractor is aware that Tinies Childcare is a recruitment agency only and does not pay the Contractor for their services. It is the Contractors responsibility to obtain payment directly from the Client, yet they will notify Tinies Childcare prior, should they need to make contact with a client directly.
  • The Contractor is aware that if they go back to a Tinies Childcare Client (someone that we have put them in touch with), or anyone that a Tinies Childcare Client refers (any person that a Tinies Childcare Client tells about the Contractor and/or passes on contact details), without Tinies Childcare’s knowledge (in which no agency fee is obtained for the booking/job/referral), the Contractor is aware they will be liable for the agency fee and be stricken from Tinies Childcare’s books.
  • Failure to pay any fee to Tinies Childcare within a 14 day period, will result in a 25% late fee being applied. Furthermore, any further costs incurred in order to obtain payment from the Contractor will be at the Contractors expense.
  • The Contractor is responsible for payment of Income Tax, ACC levies and all other taxes, duties, debts or levies which may be payable in respect of payments, and the Services provided, under these Terms and Conditions.
  • The Contractor’s hourly rate is all inclusive except for the mileage rate of 72 cents per kilometre (or current mileage rate as per the IRD website) for any travelling whilst at a job. This does not include the Contractor getting themselves to and from the job. It is the Contractors responsibility to note the mileage and obtain payment from the Client.
  • Tinies Childcare will review the Contractor’s hourly annually but the hourly rate will not necessarily increase as a result of any review.

Performance standards:

  • Tinies Childcare will review the Contractor’s performance in accordance with the required performance standards annually.

Provision of equipment:

  • The Contractor will provide all equipment and resources necessary to perform the Services, including the Contractor’s vehicle and mobile phone.

Confidentiality:

  • The Contractor will not, either during or after the termination of these Terms and Conditions , directly or indirectly, use or disclose to any person any confidential information relating to the affairs, finances, clients, employees, contractors, intellectual property or trade secrets of Tinies Childcare or its related entities, including any details relating to the families or households of any person associated with Tinies Childcare, except to the extent necessary to carry out the duties under these Terms and Conditions or as required by law.
  • The Contractor will take all reasonable steps to prevent the improper use or disclosure of any confidential information of the nature described above and will immediately advise Tinies Childcare of any instance of unauthorised use or disclosure of confidential information of which Tinies Childcare becomes aware.

Termination:

These Terms and Conditions may be terminated:

  1. At any time by either party, by written notice to the other if the other does not remedy any material breach of these Terms and Conditions which is capable of being remedied within 7 days after the date on which it receives notice from the first party requiring it to do so; or
  2. At any time by either party, by written notice to the other if the other materially breaches these Terms and Conditions and that breach is incapable of remedy or if performance standards are not met through any factor within the control of the breaching party; or
  3. At any time by Tinies Childcare if it reasonably believes the Contractor has committed any of the unsatisfactory conduct listed in the Schedule; or
  4. Immediately, or at any other time requested by Tinies Childcare, the Contractor will return to Tinies Childcare all information, material or property (including copies of such information, material or property) that belongs to Tinies Childcare, concerns any aspect of the business or their clients business, or which Tinies Childcare is responsible for, and which is within the Contractor’s possession or control.

Indemnity:

The Contractor will, to the extent permissible under law, indemnify Tinies Childcare from and against all actions, claims, costs and demands incurred by, or brought by any third party against, Tinies Childcare relating to the performance of the Services or for any breach of these conditions.

Disputes:

  • If any difference or dispute arises concerning these Terms and Conditions, the parties will actively, openly and in good faith discuss that difference or dispute with a view to resolving it by mutual agreement.
  • If the dispute is not resolved by agreement, the Parties will contact Tinies Childcare NZ Head Office for a decision.

Schedule:

Tinies Childcare will consider at least the following non-exhaustive list to be unsatisfactory conduct:

  • Causing a disruptive influence on a client’s household;
  • Job incompetence;
  • Unsatisfactory standard of dress or appearance;
  • Conduct, whether during the performance of the Services or otherwise, prejudicial to the interests or reputation of Tinies Childcare
  • Unreliability in time keeping or attendance;
  • Breach of confidentiality clause;
  • Dishonesty or theft;
  • Smoking when working with the children;
  • Drunkeness;
  • Illegal drug taking;
  • Neglect or cruelty to children;
  • Damage to property;
  • Physical assault; or
  • Refusal to comply with Tinies Childcare and their Clients reasonable requests.

The Services to be performed under these Terms and Conditions are:

  • The Contractor will always be dressed appropriately in regards to caring for children.
  • Ensure they are up to date with First Aid Certificates and/or current practises
  • Maintain hygiene standards as outlined in the NZQA Nanny/Babysitter Certificate at all times while providing the Services; and
  • Be courteous to, and co-operative with, Tinies Childcare Clients, staff and management, other contractors, suppliers and clients whether on or off Tinies Childcare Clients premises while carrying out the Services.
  • Be aware that they are responsible in letting Tinies Childcare know when they need to finish a job early, or by a certain timeframe.

NEONZ Code of Conduct;

    • Adhere to current Ministerial legislative requirements [2] as a home-based nanny educator.
    • Develop and articulate clearly one’s own professional philosophy, based on informed decision making, in line with current NEONZ curriculum content.
    • Work effectively within the bicultural context of Aotearoa New Zealand.
    • Plan and implement an appropriate learning environment in a manner that demonstrates sound pedagogical knowledge and understanding pertaining to the care and education of infants, toddlers and young children.
    • Develop and maintain appropriate documentation of children’s daily routines and experiences.
    • Demonstrate a commitment to ongoing professional learning and personal development.

Professional relationships and core values [3] in practice.

The Contractor will:

      • Develop responsive, reciprocal, respectful relationships with colleagues, families, whanau, infants, toddlers and young children.
      • Demonstrate a respect for inclusive practice and family diversity.
      • Take all reasonable steps to provide and maintain an environment that is physically, socially, culturally, emotionally and spiritually safe.
      • Demonstrate a genuine commitment to bicultural partnership in Aotearoa New Zealand.
      • Maintain and respect confidentiality and privacy in relation to colleagues, families, whanau, infants, toddlers and young children.
      • Demonstrate integrity, trustworthiness and reliability in all settings.

Duties:

Babysitting and Casual Temporary Jobs:

  • The babysitting (any job starting after 4.30pm) rates are $16 per hour. There is a minimum of 3 hours per day. If there is a child under the age of 6 months, an extra child from outside the family or two families sharing a babysitter, the hourly rate is $18 per hour straight through.
  • The emergency or casual temp (any job starting before 4.30pm) rate for our nannies is $20 per hour with a 3 hour minimum. If there is a child under the age of 6 months, an extra child from outside the family or two families sharing a nanny, the hourly rate is $22 per hour straight through. All our nannies are responsible for their own tax. With all our emergency or casual temp positions, the hourly rate changes to the babysitting rate at 7pm (as above).
  • Once you agree to a sit we will text you the client’s details. Please then call the client to introduce yourself and confirm that you will be there. Also use this as an opportunity to double check the address, day and time.
  • You are responsible for letting us know if you need to finish at a certain time. Regardless of whether you have stipulated this in the past, it is your responsibility to check this with each job. Otherwise it is required and expected that you are flexible to work with any finish time the client deems fit and is willing to pay for.
  • You are responsible for letting us know if you don’t have a car or license etc. Regardless of whether you have stipulated this in the past, it is your responsibility to check this with each job.
  • If you are going to be late or can’t do a sit please call or text us 021 801 154 so we are in the loop. If a circumstance arises were you need to pull out of a job, please contact us first so we can try to replace you before notifying the client. This will prevent our clients becoming stressed and worried that they no longer have a sitter. Please note that unless it is an emergency that you can supply proof of, we reserve the right to charge you up to $50+GST per cancellation as well as any late fees and collections costs.
  • If clients ask you to come back for another babysit or temp, this is fine but do ensure you contact Tinies to let us know (even if the family has said they will). Failure to do so may result in you being de-registered from Tinies Childcare and being liable to pay(up to) a full time permanent agency fee of between $475+GST and $100+GST. As our clients are ongoing clients, we need to cover ourselves for losing their own going custom of up to 14 years per customer.
  • You are paid directly by the client at the end of a sit or temp job, usually in cash or cash cheque.

Permanent or Long Term Temporary Work:

If you are looking for permanent or long term temporary nanny work, have a look at our website and let us know of any positions you are interested in www.tinies.co.nz Please note that all our positions with the codes starting AK are permanent positions and you will need to commit for at least a year. The jobs with the code T are our longer term temporary positions. Please also let us know the hourly rate you would like us to put you forward for with each position. To apply for positions you can either apply online though your online registration details or you can simply email info@tinies.co.nz or text 021 801 154 us with your preferred job codes and hourly rates.

Contacting Tinies:

Please contact us via text 021 801 154 or email info@tinies.co.nz with your weekly availability for babysitting and temp work, any positions you would like to apply for or with any enquiries.

Commitment:

It is important that you are aware that in all our permanent nanny positions (as jobs starting with the reference AK on our website) require a commitment period of at least one year. If you are not able to commit for this length of time (at a minimum) then it is your responsibility not to apply for these positions. If you are going to take on a nanny position through Tinies we expect that you commit to the position for this time frame unless there is an extreme emergency. Failure to do so can result in you becoming liable for the agency fee that the client has paid in order to retain you. We also reserve the right to charge a 25% late surcharge.

It is the same for our long term temporary positions (which is anywhere from 1 week up to 6 months dependant on clients request).

Professionalism:

It is important for all our Tinies Clients to be safe in the knowledge that our nannies are responsible and professional at all times. This includes not drinking or taking drugs whilst caring for the children. When you come in for our interview at the Tinies office, you will be signing the Tinies Registration form to say that you haven’t suffered from any mental or health problems that affect you caring for children. This includes alcohol and substance abuse. Should it come to light that you have given false information or consumed any alcohol or drugs whilst in the care of children, you will immediately be removed from Tinies and liable for any agency fee that the client has paid to recruit you. We reserve the right to ask you to undergo drug and alcohol testing.

Should you be invited to have a drink with your employer after work, It is highly recommended to either say no as you need to drive home, or only have one small standard drink that is aligned with the correct measurements as per NZ drinking and driving rules.

It is also your responsibility to let us know of any updates to your police check or any other aspects relevant to your registration. Failure to do so could mean you are liable to cover the agency fee, should any client seek a refund due to any information being withheld.

Failure to comply with these rules and regulations will result in instant dismissal without notice. You will also be liable to cover the agency fee paid by the client in order to secure you.

Loyalty to our preferred Education Program:

Tinies Childcare recommends a fantastic Home Based Education Program called Seedlings Education. We expect that you are happy to sign up with this program when being placed through Tinies Childcare. We feel it is inappropriate for you to recommend any other services to our clients as you are going to them with the Tinies Childcare name not another service. Failure to meet this requirement will affect your applications for positions as we offer a substantial reduction in our placement fee to clients who are happy to enrol with our preferred home based education program called Seedlings Education.

Feel free to request further information on this great service via email or you can check out their website at www.seedlingseducation.co.nz

Should you refuse to commit to our preferred Education Program, we reserve the right to prevent your applications for positions with our clients going ahead.

Furthermore, should you cost the client or Tinies Childcare fiscally for not meeting requirements of Seedlings Education, you are then liable to cover any costs incurred as well as any late fees or collection costs.

Routines and Transitioning:

It is best to follow the family’s routine when transitioning. If you have aspects of their routine you feel you want to change, alter or could be done better, ensure you take the time to sit down with the client and talk to them about it. Each family needs to feel comfortable and informed about any changes and feel like they have a say. It is usually best to follow the family’s routines and structure for the first few months so the children have consistency during the transition to a new nanny. Going forward you will need to talk to the family before going ahead and making any changes to the daily routines and structures. Your feedback can very valuable tool to families but they also need to feel that they have a say as well.

Documenting:

A Daily diary is a great way to document the routines and make notes of any changes that may be useful. As a professional nanny it is your duty to be documenting the children’s day (whilst in your care) and working towards extending the children’s learning. Learning Stories and Program Planning are a great way to ensure the children in your care are working towards their milestones and extending their learning through play.   Families have made the decision to have a private nanny in their home instead of taking their children to day-care or another type of childcare service. They are paying a premium hourly rate for a nanny in comparison to day care so they will be expecting the nanny to be giving each child in their care educational time and learning through play. It is important to know what milestones each child is working towards so you can spend time each day extending their learning in that area (for example, a child may be close to taking their first steps. It would be expected that you work with that child each day to help them get their confidence and practice walking, climbing and any other techniques to help them through their milestone). It is useful to seek further information on these milestones to help you and the family be fully informed.

Parents also love to be able to see what their children have been doing during the day as well, especially for young babies who need to have set feeds and nappy changes etc. Keeping any notes on milestones and learning paths in the dairy is a great way to ensure the children are getting consistency of care from their parents when you are not working (if nannies and parents are all on the same page, everyone is happy and learning at the same time).

Daily Diaries are also a great ‘keep sake’ for children. Our son loves looking through his daily diary of when he was younger and seeing all the fun things that he and Nanny got up to. Photos are also a great way to extend on the children’s learning when looking through the daily diary.

Communication:

This is a massive aspect of caring for children in someone else’s home. You need to be able to communicate with your employer and tell them anything that you feel is important. Your employer should also feel that they can talk to you and tell you if they have a preference for how you do things. You need to remember that every family is different and not every family will want things done the way you may be used to. Let your employer know you are welcome to feedback and want to work your way towards ensuring all parties are happy.

We recommend touching base with your employer every few days to see if they want you to make any changes and ensure they are happy with your processes. This is important at the beginning of your new job and you will quickly be able to establish how often they want you to check with them.

Issues:

If you come across a situation that you are not happy with, you need to remember that you need to go through a process. This process is explained on our contract template which is sent to all families hiring a permanent nanny. This is a process that all employers and employees in New Zealand should follow when an issue arises. Ensure you read this information and if a problem ever arises, you will need to follow the instructions. Failure to follow the correct process when issues arise may result in the nanny being liable for the agency fee that the client has paid in order to obtain you as a nanny. Here are the main points that will need to be completed in order to forego reimbursement to Tinies Childcare for any loss of income;

  • Arrange a meeting with your Employers and stipulate the issues. Attempt to create a solution to the issues which will need to be trailed for 2+ weeks minimum.
  • Notify Tinies Childcare prior to contacting your Employers
  • Ensure you put in writing any conversations and outcomes to your Employers and include Tinies Childcare in on the correspondence.
  • Clearly state to your Employee’s what your intentions are. If they are reasonable and the solutions trailed has not remedied them, then you are permitted to notify the client that you will likely need to give notice. However, should you not clearly document and trial any solutions, Tinies reserves the right to charge you the full agency fee that the client was liable to pay / be refunded as well as any costs incurred for late fees and collection.

Ultimately we expect our Tinies Nannies to be of a very high calibre in all areas. Our expectations are fair and reasonable and it is important to our business that you are aware and accept these conditions.

If you have any queries or questions regarding the terms and conditions then please do not hesitate to speak to your Tinies Consultant.