Nanny Terms of Service Agreement

Standard Terms & Conditions of Service

“Nanny” is the contractor engaged by Georgetown Nanny, Inc. to provide our Clients with childcare services by referral.

Completion of the Nanny application represents each Nanny’s acceptance of the authority of Georgetown Nanny, Inc. (the “Company”) as qualified to provide employment referral services. The Company is headquartered in the District of Columbia.

Georgetown Nanny will not be responsible for payment for any goods or services furnished without a written or electronic Agreement. Georgetown Nanny reserves the right to cancel any Contract/Agreement for any reason.

Nanny Responsibility Agreement

Nanny’s acceptance of these Terms and Conditions constitutes an electronic signature and shall serve as certification that, the Nanny: (1) promises to give full and complete answers to all questions on the Nanny application; (2) agrees to bear the sole responsibility for any agreements entered into with prospective employers and that the results or consequences of such agreements, be they legal, economical or otherwise, are also the sold responsibility of the Nanny.

Nanny agrees and understands that Georgetown Nanny, Inc. is not an employment agency nor is the Nanny an employee of Georgetown Nanny. As such, Georgetown Nanny, Inc. is not liable for the Nanny’s conduct or the employer’s (Client/Family) conduct in any shape, form or manner whatsoever. The sole function of Georgetown Nanny, Inc. is to bring prospective employees and employers together. As such, any relationship which may develop between the parties and any consequences thereof, are the sole responsibility of the parties involved. Nanny further agrees and authorizes Georgetown Nanny, Inc., its agents and prospective client employers, to conduct any investigation, reference check, drug testing and background check they may deem necessary to verify the information provided in the Nanny application.

 

Mutual Indemnification

Nanny agrees to indemnify, defend, and hold harmless Georgetown Nanny, Inc. and its officers, directors and employees from and against all claims, demands, liabilities, suits, damages, costs and expenses of every kind and description, including penalties and reasonable attorneys fees, resulting from any negligent act or omission of Georgetown Nanny or its officers, directors, or employees, or from any breach by Georgetown Nanny of any obligation, representations, or warranties under this Agreement.

Loss of Profits

In no event shall Georgetown Nanny or its respective officers, agents or employees, be liable for loss of profits or for indirect, special, incidental or consequential damages arising out of or related to the performance of this Agreement.

Insurance

Georgetown Nanny shall maintain, unless otherwise specified, comprehensive general liability insurance in the amount of at least $1,000,000 combined single limit per occurrence/$2,000,000 aggregate, worker’s compensation coverage including employer’s liability, in accordance with appropriate federal and state laws; automobile liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 per accident throughout the performance of this Agreement.

Professional Liability Insurance

Clients may require Nannies to maintain professional liability insurance for claims arising from real or alleged errors, omissions, or negligent acts committed in the performance of design services associated with this agreement with limits of not less than $1,000,000 per claim.

Relationship

Nannies are independent contractors of Georgetown Nanny, not a partner, agent or joint venture of Georgetown Nanny, and as such the Company shall provide and maintain Worker’s Compensation Insurance to statutory limits on all of its employees working or located on Georgetown Nanny property.  No further business relationship is inferred beyond the terms of the Agreement and neither party shall hold itself out contrary to these terms by advertising or otherwise, nor shall either party be bound by any representation, act or omission whatsoever of the other.

Non-Discrimination Laws

Georgetown Nanny, Inc. and its Clients agrees to comply with all applicable non-discrimination laws, including but not limited to, the Americans with Disabilities Act, in the provision of Product, Equipment and Services under this Purchase Order/Agreement. Georgetown Nanny, Inc. is an Equal Opportunity Employer.

Confidentiality

All information contained in this Agreement will remain proprietary and confidential.

Names or Marks

Each Nanny agrees not to use Georgetown Nanny’s names or marks without prior written permission, including but not limited to use in promotional materials.

Law Governing

This Agreement shall be construed in accordance with, and its performance governed by, the laws of the District of Columbia.  Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Washington, DC, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Force Majeure

Neither Georgetown Nanny nor its contractor or vendors shall be responsible for any failure or delay in the performance of any obligations under this Agreement, to the extent that failure is caused by Force Majeure including acts of God, flood, fire, labor disputes, riots or civil commotions, litigation, war, terrorism, or other act of any foreign nation, power of government, or governmental agency or authority; or acts or omissions of the other party; or non-delivery or delays in delivery by any other supplier of goods or services deliverable under this Agreement.

Assignment of Contract

Neither Georgetown nor any vendor may assign this Agreement or any right or obligation there under without the prior written consent of the other party.

Severability of Clauses

The terms of this Agreement are severable such that if any term or provision is declared by a court of competent jurisdiction to be illegal, the remainder of the provisions shall continue to be valid and enforceable.

Anti-Terrorism

Nanny agrees to comply with all Federal anti-terrorism rules and regulations.  Nanny’s acceptance of the Standard Terms and Conditions constitutes an electronic signature and shall serve as certification that, to the best of Nanny’s knowledge, Nanny (a) is not, (b) has not been designated as, (c) is not owned (in the case of an entity), affiliated, or controlled by, and (d) does not support, assist or aid a suspected terrorist organization or individual as defined by Federal law including, but not limited to, Executive Order 13224.

Our Internet Services

If the Services are ordered and/or delivered over the Internet, the following provisions apply:

Right to Use the Service:

Subject to the provisions contained herein, Georgetown Nanny, Inc. grants the Nanny the right to access the Georgetown Nanny website for the purpose of seeking employment, posting Nanny profiles and related Services. Such rights of access and use will terminate upon termination of this Agreement or as may be otherwise provided in this Agreement.

Consideration

In consideration of Georgetown Nanny providing the Nanny with employment referral and placement Services, the Nanny agrees to comply with the terms of this Agreement.

No Virus, etc.

We have taken reasonable precautions to prevent the presence of viruses, Trojan horses, worms, cancelbots or other harmful components and malware in the transmission of any of the materials delivered in connection with the Services or other communications to and from Georgetown Nanny. Georgetown Nanny utilizes secure server technology (SSL) that is encrypted with high level cryptography (2048/256 bit) and verified by an established and recognized third-party Domain Validating Secure Server certificate.

However, by using the Internet to order and receive Services, or to otherwise communicate with Georgetown Nanny, the Nanny assumes the risk that viruses or such other harmful components may be transmitted. We recommend that the Client install and utilize appropriate anti-virus and/or similar software or use other appropriate protections as they may personally deem necessary.

Security

The profiles and/or other Services may be ordered from, or other information delivered in response to such orders may be viewed on, private, restricted and SSL secure portions of the Georgetown Nanny website. Access to private and secure portions of the Georgetown Nanny website will be password protected and restricted to Nannies who have active accounts in good standing.

Each Nanny is responsible for the use and maintenance of the integrity of their individual user name and password. The creation of customer and user names and passwords will be in accordance with procedures established, supplemented and modified by Georgetown Nanny.  Georgetown Nanny will not share the information from the profiles or families outside of the scope necessary to deliver employment staffing and related services.

SECURITY OF THE SERVICES OR OF THE CONTENT, INFORMATION OR DATA TRANSMITTED THROUGH THE SERVICES HOWEVER, WE DO NOT WARRANT OR GUARANTEE THE INTEGRITY OR THE OR CONTAINED WITHIN ANY PORTION OF OUR WEBSITE(S).

 

Term and Termination

This Agreement will begin on the date the membership registration is completed and will continue in effect for an initial term of one (1) year (“Initial Term”). After the Initial Term, the Nanny will have the ability to renew for additional one (1) year or one (1) month periods (each, a “Renewal Term”) unless this Agreement is terminated as hereinafter provided. Either party may terminate this Agreement prior to the end of the Initial contract date.

 

Notices

We may send notices to the Nanny by electronic mail, regular mail, courier or overnight delivery to the electronic mail address, mailing address or delivery address of the “primary contact” designated on the signature page of this Agreement, or the address of such primary contact most recently provided.

The Client may send notices by electronic mail at staff@georgetownnanny.com or by regular mail, courier or overnight delivery addressed to:

Mailing Addresses:
Georgetown Nanny Inc., Post Office Box 32303, Washington DC 20009.
Georgetown Nanny Inc., 1120 20th Street NW, Ste S300-RLK, Washington DC 20036.

Notices will be effective upon transmission or delivery.