FEES, TERMS & CONDITIONS – BABYSITTING SERVICE(revised 01/07/2010)

The Agency intends to rely on the terms set out here, so please read them carefully.

1. Definitions

1.1 “Agency” means the Bibi & Beck Childcare Services.

1.2 “You” means the person, firm or corporate body whom the Agency accepts as a member of the Bibi & Beck Babysitting Service, and to whom a Babysitter is introduced.

1.3 “Babysitter” means the person introduced by the Agency to you for an Engagement.

1.4 “Engagement” means the engagement or use of the Babysitter by you or any third party on a permanent or temporary basis, whether under a contract of service or for services, or any other engagement, in which the Babysitter is required to provide babysitting services to you.

1.5 Unless specified to the contrary, use of the singular is deemed to include the plural, use of any gender is deemed to include every gender and any reference to a person is deemed to include a corporation, a partnership and other body or entity; and (in each case) vice versa.

2. General

2.1 Your verbal or written instruction to the Agency to provide a Babysitter for an Engagement shall constitute acceptance by you of these Terms and Conditions.

2.2 These Terms and Conditions relate only to the provision of a Babysitter by the Agency, and in no way whatsoever form part of any contract between you and the Babysitter.

2.3 These Terms and Conditions shall in all respects apply to and govern all contracts or agreements made verbally or in writing between you and the Agency.

2.4 You declare that the information given by you to the Agency is correct.

2.5 No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by an authorised officer of the Agency.

2.6 The Agency has the right to refuse to represent you at any time.

2.7 The Agency reserves the right to modify or amend these Terms and Conditions at any time as long as the Agency provides a copy of the revised Terms and Conditions to you as soon as is reasonably practicable. However, if the Agency decides to increase the hourly babysitting fees, then you will be given one month’s notice in writing of such increase.

2.8 If any part of these Terms and Conditions is held to be illegal, invalid or unenforceable in any respect, such invalidity, illegality or unenforceability shall not prejudice the effect of the rest of these Terms and Conditions to the extent that they are valid, legal and enforceable.

2.9 The annual Babysitting Services fee is non-refundable. Once your membership expires, you won’t be permitted to engage the Agency’s registered Babysitters unless you renew your membership.

2.10 The Babysitting Service’s hours of operation are from 6.30pm, 7 days a week. If you require the Engagement to commence before 6.30pm, then you are liable to pay an additional fee, to be negotiated in good faith with the Agency prior to the Engagement, to the Babysitter.

2.11 The Agency’s duty is to act as a provider of babysitters only. The Agency takes all reasonable care to interview Babysitters, to carry out a CRB check, to take up references (if any), to investigate qualifications (including First Aid Certificate), attitude and experience, and to check that the Babysitter is willing to work in the capacity which you require.

3. Your responsibilities

3.1 If you engage or re-engage a Babysitter provided by the Agency, whether directly or indirectly, in any childcare capacity including, but not limited to nanny or maternity nurse, you must advise the Agency immediately giving details of the date of commencement, salary and term of employment of the Babysitter. You will then become liable to pay the applicable fees set out in the Bibi & Beck Childcare Services Terms and Conditions (available upon request).

3.2 You may not directly engage a Babysitter who has been introduced by the Agency, regardless of whether or not your subscription has expired.

3.3 You undertake to notify the Agency immediately in the event of any dissatisfaction or any wants or imperfections in the performance or characteristics of the Babysitter.

3.4 Introductions are strictly confidential and are made individually to you, and you are responsible for paying the Agency’s fees. If you introduce the Babysitter directly or indirectly to other employers, or any such other company or organisation, resulting in that Babysitter being engaged by the third party, then you will remain responsible for the payment to the Agency of the Individual Booking Fee as if the Babysitter had been engaged directly by you.

3.5 You agree to cover the Babysitter’s travel costs, as well as the cost of a taxi home at the end of the Engagement. The Agency will endeavour to find a Babysitter who lives in your area, in order to keep such expense to a minimum. However, in the case of, for example, a booking received by the Agency at less than 24 hours’ notice, a “local” Babysitter may not be possible, in which case the travel expenses may be higher.

4. Fees

4.1 You agree to pay the following Babysitting Services fee to the Agency:

4.1.1 Either (a) an annual membership subscription of £260 plus VAT; or (b) a booking fee of £11.50 plus VAT for each individual Engagement (the “Individual Booking Fee”).

4.2 You also agree to pay the following Babysitting Services fee to the Babysitter:

4.2.1 if the Engagement takes place between Monday and Thursday inclusive, the hourly rate is £7.00, subject to a minimum booking of 4 hours;

4.2.2 if the Engagement takes place between Friday and Sunday inclusive, the hourly rate is £8.00, subject to a minimum booking of 4 hours;

4.2.3 if the Engagement takes place on any Public Holiday, the hourly rate is £12.00, subject to a minimum booking of 5 hours.

4.3 Payment is due in cash directly to the Babysitter at the end of the babysitting session. If you fail to pay the Babysitter at that time, then an additional charge of £10.00 becomes payable to the Babysitter.

5. Disclaimer

5.1 The Agency accepts no responsibility for any expense, injury, delay, damage or loss of any kind arising out of the introduction of a Babysitter, save for circumstances in which the Agency has been negligent or has breached these Terms and Conditions. In the event of the Agency’s negligence, the Agency’s total liability to you will not exceed the fee payable by you.

5.2 In the event that the Babysitter wishes or needs to cancel the Engagement prior to or during the Engagement, the Agency will endeavour to find a suitable replacement. However, the Agency cannot be held responsible if the Babysitter does not turn up for the Engagement.

6. Assignment

6.1 The Agency may assign these Terms and Conditions to any third party with whom it becomes associated or to any company or partnership which it may form and which it substantially owns or of which one of its officers becomes a director. In the event of such permitted assignment, the references to “Agency” in these Terms and Conditions shall include the Agency’s assignees, successors in title and licensees.

7. Data Protection

7.1 The Data Protection Act 1998 (the “Act”) regulates the processing of personal data. You consent to the holding and processing of personal data (including sensitive personal data) (as defined in the Act) which relates to you by the Agency in accordance with the provisions of the Act.

8. Jurisdiction

8.1 The courts of England shall have exclusive jurisdiction in relation to these Terms and Conditions which shall be interpreted according to the Laws of England.