ICARELLA CHILDCARE SERVICES LIMITED
Terms Of Service
1. The Employer desires to hire an in-home child care provider, otherwise known as a “nanny”;
2. The Referrer is a Nanny Referral Company engaged in the provision of childcare services, and training of childcare providers (nannies);
3. The Referrer desires to assist the Employer in recruiting, and preparing candidates to serve as a nanny for the Employer.
NOW THEREFORE, in consideration of the mutual assurances, covenants, representations and undertakings herein contained, the Parties hereby agree as follows:
1. INTERPRETATIONS AND DEFINITION
1.1 Unless otherwise defined in this Agreement, the following words and expressions shall have the respective meanings given to them:
Agreement means this Referral Agreement, as may subsequently be amended, varied, extended, restated or replaced from time to time.
Dispute means any dispute, differences and questions of any nature which may at any time arise between the Parties to this Agreement out of the construction or concerning anything contained in or arising out of or in connection with this Agreement or as to the rights, duties or liabilities under it or of the Parties to it respectively.
Effective Date means the date on which the Parties enter into this Agreement, as first above written.
Law means any law (including statutory and common law), statute, constitution, judgment, regulation, rule, bye-law, order, or other legislative measure in force in Nigeria.
Nanny means any childcare provider supplied by the Referrer.
Nanny Candidate means any childcare provider referred to the Employer by the Referrer for the Employer’s consideration for hiring.
Parties mean the Referrer and the Employer;
Party means any of the Parties;
1.2 In this Agreement, the headings are for ease of reference and do not form part of the Agreement and should not be considered in the interpretation or construction of this Agreement.
2. GENERAL TERMS AND CONDITIONS
2.1 The Referrer will serve as an agent for the Employer for the purpose of recruiting, screening and presenting nanny candidates for the Employer’s review.
2.2 The Employer is solely responsible for all hiring decisions subject to the approved nanny candidate’s consent, and bears all liability associated with the hiring decision.
2.3 The Employer expressly acknowledge that personal information provided to the Referrer for the purpose of hiring is legitimate and is able and willing to provide proof of personal identity.
2.4 The approved nanny candidate is the employee of the Employer. The Referrer may serve as witness to any employment contract between the Employer and the approved nanny candidate.
2.5 The Referrer is strictly a referral service and the Employer is solely responsible for the selection of the nanny candidate. The Employer shall not make any direct claims of any kind against the Referrer, its officers, directors, shareholders, employees or agents arising from the performance, acts or omissions of the nanny candidate.
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2.5
2.6 The Parties expressly acknowledge that the information prepared and provided by the Referrer is confidential and at all times is the proprietary right of the Referrer. The Employer shall therefore not disclose to any third party information regarding any and all nanny candidates, including names and/or phone numbers provided by the Referrer. In the event of the Employer’s breach of this term, the Employer is liable for all damages flowing there from. Information provided to the Employer from the Referrer is solely for the purpose of selecting a nanny pursuant to this referral agreement.
2.7 Prior to the finalization of the nanny placement process, the Employer shall refrain from making any private agreement with the Nanny or from taking any action which is inconsistent with this agreement or which has the effect of avoiding any of the Employer's obligations herein. Such private agreements and actions include, but are not limited to, actions which would enable the Employer or any other person to avoid payment of the mobilization and/or placement fees due to the Referrer.
3. SERVICES PROVIDED BY THE AGENCY
3.1 Nanny Candidates.
The Referrer agrees to use its best efforts to recruit and qualify nanny candidates in a timely manner on behalf of Employer. The Referrer will submit candidates' profile/portfolios to the Employer for review. The Referrer shall disclose relevant information it acquired throughout the qualification process. The Referrer is required to only locate candidates willing to serve as a nanny based upon the job description provided by Employer, and upon the salary information and geographic locations identified by Employer.
3.2 Information Services.
The Referrer will provide information and practical paperwork to assist the Employer in his/her search and evaluation of nanny candidates including interview questions, employment contracts, negotiating tips, sample job descriptions and more.
3.3 Supervisory Support Services.
The Referrer shall perform a supervisory support service for both the Employer and Nanny for a stipulated period of 90 days (probation period as provided below) wherein the Referrer stands to ensure the employer-nanny relationship is stable and satisfactory. The Employer shall be required during this period to evaluate the nanny’s performance. During this probation period, the Employer is expected to make payments of nanny’s salary to the Referrer’s corporate account. The Referrer shall not be actively involved in the relationship between the Employer and nanny after this probation period. However additional documents and changes made can be documented with the Referrer for update and evidence purposes.
4. DUTIES OF EMPLOYER
4.1 Verification of Information.
The Employer is responsible for verifying all other information pertinent to his/her decision to hire or retain a nanny candidate. While the Referrer shall ensure that the information provided about each candidate is accurate, the Employer shall be responsible for ensuring the accuracy of the information provided by a nanny candidate.
4.2 Relationship between Employer and Nanny.
The Employer and nanny candidates have the full and complete authority to negotiate the terms and conditions of child care and/or housekeeping. The Employer and nanny candidate, however, are advised to comply with all applicable laws, rules and regulations, relating to Immigration, Internal Revenue Service, and labour. Where the Employer or nanny candidate fails to comply with any such law, rule or regulation, the liabilities (civil or criminal) arising therefrom shall attach to either of them. The Referrer shall bear no liability from any and all claims arising from such noncompliance.
4.3 Presence of additional supervision over nanny.
The Employer shall inform the Referrer of the presence of any other individual, asides the direct parents of the child(ren), to whom the nanny must take instructions from and report to. This individual should be fully aware of the details of the contract between the Employer and nanny.
4.4 Copy of Employment Contract and Evaluation.
4.4.1 The Employer and nanny candidate are aware that contracts are binding for a period of one year and can be renewed or terminated one year after the effective date. Nevertheless, events of breach may give rise to contract termination before the completion of the contract duration.
4.4.2 Any agreement reached between the Employer and a nanny candidate shall be in writing. The Employer shall provide a copy of this contract to the Referrer before the effective date. Failure to provide a genuinely signed copy of the agreement will result in Employer forfeiting any and all rights under the probation period (same as 90days Supervisory Service Period).
4.4.3 The Employer is also advised to evaluate the nanny’s performance during and after the probation period and at the end of the year’s contract. If both parties wish to renew the contract, all aspects of the contract should be reviewed. The Referrer’s re-involvement shall come at a fee.
5. FEE SCHEDULE
5.1 The Referrer’s fees are for the services provided by the Referrer only and do not include any salary due to be paid to an applicant. The total referral fee is N34,400 only.
5.2 Mobilization Fee.
The Employer is not required to pay an Application Fee. However, a non-refundable stipulated mobilization fee of 20% (N7,525)off the total Referrer’s fee, is required for the qualification process to enable the Employer meet with shortlisted nanny candidates for a Physical Interview Meeting. The Employer acknowledges that the Referrer will organize no such meetings until such time as the mobilization fee is paid.
5.3 Physical Interview Meetings
Icarella Childcare Service Agency receives mobilization fee to cover a maximum of one interview meeting with a presentation of a maximum of two nanny candidates. If the Employer wishes to meet with more nanny candidates, if available, an additional mobilization fee will be required to cover mobilization cost. This cost is a stand-alone extra charge and not a deduction from the Placement Fee
5.4 Placement Fee.
The Placement fee is the final 80% (N26,875) of the total Referrer’s fee. This fee is due when Employer reaches a child care employment agreement with a nanny candidate introduced by the Referrer during the term of this Services Agreement. This fee must be received by the Referrer in order for the nanny to commence employment. This is the only fee required, where no physical interview meeting is held.
5.5 Third-Party Referrals.
In the event that the Employer does not hire or retain the services of a nanny candidate submitted to the Employer by the Referrer, and the Employer refers the nanny candidate to a third party who hires or retains the services of the nanny candidate, the Employer will pay to the Referrer the entire placement fee under the same terms and conditions as if the Employer had hired or retained the services of the nanny candidate.
5.6 Replacement and Refunds.
5.6.1 The Referrer warranties a Nanny for 90 days from the date of resumption in the employer’s home. If within that time the Employer finds the Nanny to violate the agreement terms, Nanny fails to resume, or, if the Nanny should resign without reasonable cause, the Referrer shall attempt to provide a qualified replacement, failing which the Referrer will refund a percentage of the placement fee paid as per the following schedule:
Days of Employment…. % of Total Fee Refunded
0 days - 50%
1 to 29 - 30%
30 to 60 - 20%
61 to 90 - 10%
after 90 - 0%
5.6.2 The Referrer will provide only a maximum of one nanny replacements during the probation period. The employer will however be required to make a payment of twelve thousand five hundred Naira only(VAT inclusive)(N12,500) to cover part cost for medicals and background verification. Where exception is in the event that the referrer in making a replacement on a nanny candidate, who failed to resume with the employer, agency will bear full cost of the replacement.
5.6.3 The Referrer shall not be liable to make refunds or replacements in the following circumstances:
i. if the Employer decides to discontinue working with a nanny after the probation period is completed
ii. if the Employer decides to discontinue working with a nanny and the Referrer, for no reason or reason not associated with the contract;
iii. if the Employer is found to have breached this contract or the contract with the nanny and/or mistreated the nanny;
iv. if the Employer, after being found to be liable as in (ii and iii) above refuses to pay the nanny for her services rendered for her period of work within the employment period.
v. If the employer rejects or ignores proposals of replacement or refund for at most 21 days
vi. In the event if epidemics, pandemics, natural or manmade disasters affecting state or national operations
6. COMMENCEMENT AND TERMINATION
6.1 Commencement of Agreement.
This Referral Agreement commences from the date the Employer delivers a signed copy of this Services Agreement and/or the Placement Fee to the Referrer.
6.2 Probation Period
During the probation period, all salary payments due to the nanny shall be made via the Referrer’s Bank Account. In the event of a fall out in relationship between the Employer and the nanny during the course of the probation period, which is as a result of nanny resigning or breaching the contract, a replacement will be made immediately. If replacement is made from the 40th - 45th day of the probation period and afterwards, an extra month will be added for probation for the new nanny. Only a maximum of one nanny replacements can be made. Documentation of personal details of the nanny will only be released to the employer on confirmation that the employment relationship is stable which is at the end of the 90 days probation period.
6.3 Termination of Referrer’s Obligations
The search for nanny candidates shall terminate upon the Employer's hiring of a nanny from the Referrer Company or notifying the Referrer to discontinue the search. However, the Referrer is obliged to keep all information provided by the employer confidential. The Referrer shall also honor all obligations due during the Probation period when a nanny is hired and afterwards.
6.4 Termination of Employer's Obligations
The duties and obligations owed by the Employer to the Referrer under this Agreement shall remain in full force and effect even after the Termination of Referrer’s obligations, as set forth earlier. For instance, in the event that the Employer hires, retains, refers information to a third party, or otherwise uses the services of any nanny candidate submitted to Employer by the Referrer, the Employer shall pay to Agency the entire placement fee. All information provided to employer will also remain confidential.
7. NOTICES
Where the employer within the validity of this agreement wishes to make any complaints that he/she considers necessary, such complaints should be directed to the email provided by the Referrer. Such email will be supplied prior to the execution of this agreement. Telephone calls, chats through social media handles shall not be strictly regarded as sufficient notice.
8. DISPUTE RESOLUTION
In the event that a dispute arises in the interpretation or execution of any of the clauses of this referral agreement, parties shall negotiate directly, where negotiation fails, parties shall explore mediation at the Lagos State Multi-Door Court House. If the aforementioned fails then litigation shall be the last resort.
9. SEVERANCE
If any provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision that achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.