Terms And Conditions
I, or We, on behalf of myself and/or ourselves and my or our child/children (collectively called the client), the undersigned (whether one parent or two), agree that NannyJi, Inc's sole service is to refer domestic worker (nanny, babysitter, housekeeper, eldercare, etc) candidates to the client. The client will select among the candidates presented by NannyJi. and client will make the sole hiring decision.
Upon learning the needs of the client, NannyJi, Inc., will refer candidates who have been interviewed by NannyJi. References will be provided on nannies presented to the client as applicable. The client is responsible for reviewing this information. If the client decides to make an offer of employment, NannyJi. asks that client notifies NannyJi immediately. At that time, NannyJi. will have a professional investigative service conduct a background check that covers the following:
- SSN Trace
More extensive background check options are available at additional cost, please inquire. NannyJi cannot guarantee the accuracy or completeness of this information. Client further acknowledges that it is the client’s sole responsibility to carefully review and select a nanny among the candidates presented by NannyJi. One background check will be performed as part of the Application and Referral Fee. If background checks are required for other candidates, a $40 fee will be charged per each additional.
NannyJi, Inc. is a referral agency only; it is not an employer, co-employer, nor independent contractor and assumes no liability or responsibility for the performance of the employee. Therefore, client unconditionally releases NannyJi, Inc. and its employees, recruiters, agents, officers, and directors and agrees that NannyJi, Inc. shall not be liable for any personal property damage, injury, loss, delay or expense of any sort incurred by the client in connection with theirs selecting and hiring a nanny referred by NannyJi, including without limitation acts of God, acts of war or government restriction, as well as events directly or indirectly caused by any intentional or negligent acts or omission by any nanny the client hires. Client further agrees that if they directly or indirectly cause or contribute to any person or property damage, injury, loss or expense incurred by their employed nanny while in employment of the client, that client will indemnify and hold NannyJi. and its employees, recruiters, agents, officers, and directors harmless from any resulting liability or expense, including any court costs and legal fees incurred in defending against the employed or former employed nanny’s claim. It is understood that it is up to the employer (client) and not the agency to do their own due diligence and background checks when deciding on which employee to hire. Employers (client) agree to indemnify and hold the Agency (NannyJi) free from any and all liabilities, claims, damages (including attorney fees paid by client), during or after the employment period.
APPLICATION FEE: Client agrees to pay a $75 non-refundable Application Fee, good for one candidate search, at the time of signing this agreement. This $75 application fee will be credited towards client’s total referral fee due at the time of hire and enrolls the client in NannyJi's replacement guarantee service for 30 days from the date of Agreement. For client’s convenience, if a check does not accompany this Agreement, NannyJi, Inc. shall charge the application fee on your credit card or PayPal account. The signing of the Agreement specifically authorizes NannyJi, Inc. to charge the application fee.
ALL REFERRAL FEES are non-refundable, non-transferable, and are due immediately after an offer is accepted and before the employee’s first day of employment. The signing of this agreement specifically authorizes NannyJi, Inc. to charge the remaining referral amount due to your credit card if other forms of payment are not received before your employee’s first day of work. Referral Fees MUST be paid no later than the employee’s first day of employment in order for the guarantee or prorated credit to apply. If the client withdraws offer after nanny or household employee accepts, through no fault of the nanny or household employee, client agrees to pay NannyJi, Inc. an additional $100 cancellation fee. NannyJi does not refund or transfer referral fees or credits under any circumstances.
Upon fulfillment of the following conditions, subject and limited to the terms of this Agreement, if client notifies NannyJi, Inc. that the employee left client’s employment within 30 days of the first day of placement, NannyJi, Inc. will provide the following to the client to be used toward one future long-term search as follows: • Within 1-30 days: free replacement period; The agency does not refund or transfer fees or credits under any circumstances. Agency’s obligation to provide the aforementioned free replacement or credit is expressly conditioned on client’s (1) satisfaction of all of their obligations under this agreement, including but not limited to payment of Referral Fee in full on or before employee’s first day of employment; (2) providing a written work agreement between the employee no later than one week after employee’s first day of employment; (3) abiding by all applicable laws; (4) not engaging in any acts of moral turpitude; (5) not materially changing the employee's job duties, compensation or schedule. Determining compliance with these conditions is in the sole and absolute discretion of NannyJi, Inc. If the client fails to satisfy all of these aforementioned conditions, NannyJi, Inc. shall have no further obligations to the client.
CONFIDENTIALITY: The client agrees to keep in confidence the identity of all candidates referred by NannyJi Inc. and the contents of any files or documents forwarded for client’s review. If the client discloses information about a candidate to a third party, who acting on that information subsequently employs said individual, the client undertakes to pay NannyJi, Inc. the Referral Fee that would have been payable for that employee.
COLLECTIONS: Client further understands that in the event NannyJi, Inc. must seek collections of the above-described fee or any portion thereof, client shall be responsible for all costs of such collections, including court costs, reasonable attorney fees and interest of 5% per month until paid.
BACKGROUND CHECKS: NannyJi uses a third-party vendor to offer background checks that range in comprehensiveness. It's important to know that the criminal record information searched and reported for each type of check varies by state, and sometimes county, due to variations in state laws and state and county criminal record reporting systems. For example, many federal and state laws prohibit our vendors from reporting records that are more than 7 years old. In some states, such as California, Kentucky, New Mexico, and New York, vendors are prohibited from reporting most arrest or other non-conviction information, regardless of its age, so only criminal convictions are typically reported. And in some states, such as Massachusetts, New Hampshire, and New Jersey (and in certain counties in Illinois and Michigan), due to the structure of state and county criminal record reporting systems, our Criminal Background Check vendor does not search the records pertaining to every courthouse in a particular county. In states where all courthouses are not searched, typically only certain felonies (plus certain gross misdemeanors in the case of New Jersey), are revealed. Additional limitations may apply in certain jurisdictions, including on the federal level. In addition to legal and reporting system limitations of background checks, each check is performed with the consent of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, human and electronic error can result in inaccurate or incomplete reporting, and periodic court closures or electronic access point failures may limit our vendors ability to search for records. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
Therefore, while background checks can be helpful and uncover potential red flags, they are not always 100% accurate and no background check should be relied upon to determine a member's complete criminal history or suitability as a caregiver. We strongly recommend that a background check only be used as one part of a candidate selection and hiring process. A background check is not a substitute for conducting thorough in-person interviews, reference checks, online and social media searches, obtaining copies of the candidate's identification documents, and conducting ongoing monitoring of any individual you hire.