We have two sets of terms and conditions:
The first set is for all permanent and temporary nanny placements and babysitting bookings
The second is for all Karitane® packages for Karitane® professionals (including sole charge live-in, maternity nannies, night nannies, sleep training and tailored Karitane® professional postnatal support)
If you have any questions about these please call us – 09 575 7174
Karitane® Limited Terms and Conditions
If you have any queries or questions regarding the terms and conditions please do not hesitate to speak to Karitane® direct on 0800 222 121.
1. Contract
1.1 These terms and conditions shall represent a legally binding contract between the client or employer (the “Client”) and Karitane® Limited (“Karitane®”). The verbal or written instruction by the Client to Karitane® to submit suitable Candidates for contact or interview shall constitute acceptance by the Client of these terms and conditions. The term “Candidate” means a person (either a nanny, Karitane Nurse, maternity nurse, babysitter, mother helper or any other childcare professional) introduced to the Client by Karitane®.
2.Services and Fees
2.1 Karitane® acts as an introductory agency only. Candidates are not employees of Karitane®. Those Candidates who undertake casual daily work are independent contractors and the Client pays the Candidate directly and the Candidate is responsible for their own tax. Those employed by the Client either on a fixed term or permanent basis are employees of the Client and the Client is responsible for all associated obligations as an employer.
2.2 Karitane® introduction fees are payable by the Client on the acceptance, either verbally or in writing, by a Candidate of a position with the Client. It is the responsibility of the Client to notify Karitane® if a Candidate has been offered employment within 5 days of the appointment.
2.3 Karitane® will invoice the Client upon confirmation of the acceptance of an offer of employment by a Candidate to a Client or on confirmation of starting date of employment / casual role. Fees, at the current rate of Karitane®’s schedule of fees, are payable within fourteen (14) days from the date of the invoice submitted by Karitane®. Karitane® reserves the right to charge the Client a twenty five (25) percent surcharge on all accounts not settled within this period. If the account remains unpaid, it will be passed onto a debt collection agency and the Client is liable for all collection costs incurred.
2.4 Fees are calculated based on the hours of the position when the job is listed with us. No refund or reduction from Karitane®’s current rate will be given if the number of weeks is subsequently reduced. The rate is GST exclusive. If a Client wishes to extend a temporary period or reemploy a fixed term Candidate, the Client agrees to inform Karitane® and will be charged accordingly as set out in paragraph 2.5 below.
2.5 Fees are due in respect of each Candidate taking up a position with the Client or as otherwise set out herein. If a Candidate returns to a Client at a future date or if a temporary or part-time engagement is extended then the appropriate additional fee shall become payable. In the case of a Candidate returning to a Client, this fee shall be the current full fee chargeable by Karitane® for the relevant position, and in the case of a temporary or part-time engagement being extended, the fee shall be the difference between the fee actually charged and the fee that would have been charged if the Candidate had been engaged for the whole period.
2.6 Candidates are to be booked and contacted via Karitane® only. The Client will be liable for the applicable fees if a Client contacts and books a Candidate without Karitane®’s knowledge (eg contacting a babysitter directly rather than via Karitane®, Karitane® will invoice and the Client will be liable for the babysitting placement fee).
2.7 Extra fees (Double Rates) will be charged on any Public Holidays
3. Cancellation Fees
3.1 Should a Client offer employment to a Candidate on either a fixed term or permanent basis and then subsequently withdraw from the offer before the Candidate has commenced in the role, regardless of whether an employment agreement has been signed, Karitane® will invoice the Client for 25% of the placement fee + GST.
3.2 Should a Client cancel a confirmed fixed term or temporary placement of any Candidate within 2 weeks of the commencement date (either before or after commencement) the Client will be liable to pay the Candidate directly 20% of her gross wage (based on what the Candidate would have earned over the temporary placement period or the first year) as a form of compensation. This is in addition to any wages due to the Candidate for time worked.
3.3 A 4 hour minimum applies to all casual day by day nannies. A 3 hour minimum applies to all Babysits after 7pm. Should a Client cancel a temporary day by day booking or a babysitting booking after the Candidate has been confirmed in the role within 24 hours of the job starting, the Client will be required to pay the Candidate the 4 hour minimum day charge or 3 hour minimum night charge as compensation as well as the Karitane® cancellation fee.
4.Engagement of a Candidate by a third party
4.1 All communication, whether written or oral and however communicated, shall be confidential between the parties. If the Client pass on any information including details of Candidates, or recommend a Candidate to a third party who subsequently employs the Candidate in any capacity, then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself..
5.Introduction by Third Parties
5.1 It is the obligation of the Client to immediately inform Karitane® when a Candidate is introduced by Karitane® who has already been introduced by a third party. If the Client does not so inform Karitane® then it will be presumed that the introduction has been effected by Karitane® and the relevant fee will become payable.
6.Liability
6.1 Karitane® will use its best endeavours to refer candidates to the Client that have been selected, screened and match any specific Client requirements. However the final decision to employ a Candidate is the sole responsibility of the Client and the Client shall satisfy him/her self as to the actual suitability of any Candidate introduced by Karitane®.
6.2 Karitane® does not accept any liability for any loss, liability, costs, injury, damage claims, or expenses or kind of inconvenience incurred by the Client, arising directly or indirectly, arising from or in connection with the engagement of any Candidate by the Client nor from an act or omission of a Candidate introduced by Karitane®.
6.3 Karitane® makes no warranty in respect of the suitability, honesty, capability or character of any Candidate introduced by Karitane® to the Client. Candidates are not the employees of Karitane®. The Client is responsible for the Candidate’s remuneration.
7. Guarantee
7.1 In the unlikely event that a Candidate who has been confirmed as a permanent placement or for a fixed term of between 3 and 6 months, with the Client and the Candidate:
(a) either does not start employment at their instigation,
(b) has their employment terminated (in writing) or
(c) leaves within six (6) weeks of starting employment with the Client, Karitane® will provide one replacement Candidate for free subject to the following conditions:
7.1.1 Karitane® is informed within five (5) days of the termination of the employment;
7.1.2 Karitane® placement fee has been settled in full within 14 days of the date of the invoice;
7.1.3 the Candidate has not left because of unreasonable working conditions or because of a change in the job description or change in location or because of unreasonable demands by the Client;
7.1.4 the Client’s only reason for terminating the Candidate’s employment was due to her/his unsuitability to the role and
7.1.5 the Client is still intending to employ a child carer and Karitane® is given three (3) weeks to find a suitable replacement Candidate free of charge and the Client has not during this 3 week period recruited a nanny through their own means.
7.2 In the event that Karitane® is unable to supply a replacement and the above conditions have been met, Karitane® will refund as per the structure below:
Week 1 100% less a $100 administration fee
Weeks 2-3 75% refund
Weeks 4-5 50% refund
Weeks 6 30% refund
7.3 Should the Candidate stay in the role longer than 6 weeks, the engagement is regarded as satisfactory and no refund will be offered from that point.
8. Privacy and Confidentiality
Karitane® will only hold relevant personal information about client/s in accordance with its obligations under the Privacy Act 2020 and in relation to health information, by the Health Information Privacy Code. By Agreeing to services the client consents to Karitane® collecting, using and disclosing personal information about the client for all purposes relating to the provision of in-home care services to the client by Karitane® and the Candidate. The client also authorises that the personal information may be collected from and shared with the client, his or her spouse, their nominated family members, the Candidate, the client’s health service providers (including ACC), Healthline (outside of Agency hours) and Karitane® staff as required. The personal information will be held by the Karitane® office where the Assignment is co-ordinated and the client will have the right to access and correct this information. The full privacy policy is available in a separate document on request.
9. General
9.1 Karitane® reserves the right to change these terms and conditions at any time and will notify the client by
posting them on its website www.karitanenannies.co.nz
Karitane® Limited Terms and Conditions – Karitane® Professional Packages
If you have any queries or questions regarding the terms and conditions please do not hesitate to speak to Karitane® direct on 0800 222 121.
1.Definitions
In these Terms and Conditions the following definitions apply:
“Assignment” means the use of the Karitane® Professional by the Client or any third party for a one-off Karitane Package;
“Assignment Confirmation” means the email or letter sent by Karitane® to the Client confirming the terms specific to the Assignment;
“Client” means the person to which the Karitane® Professional is introduced;
“Karitane®” means Karitane® Limited, being a nanny agency which specialises in providing postnatal and sole charge packages of care as well as placing temporary and permanent nannies and babysitters;
“Karitane® Package” means the provision of tailored specialist home- based nanny services (including sole charge live-in nanny care, postnatal in home support, 24 hour postnatal maternity nanny support, night nanny care, sleep training) by a Karitane® Professional to the Client for a specific term on a temporary basis;
“Karitane® Professional” means the sole charge live-in nanny, maternity nanny, Karitane Nurse, night nanny, sleep or training expert introduced by Karitane® to the Client for an Assignment;
2. Contract
2.1 These terms and conditions shall represent a legally binding contract between the client (the “Client”) and Karitane® Limited(“Karitane®”). The verbal or written instruction by the Client to Karitane® to submit suitable Karitane® Professionals for contact or interview shall constitute acceptance by the Client of these terms and conditions. These terms and conditions should be read in conjunction with the Assignment Confirmation email which forms part of these terms and conditions. If there is any conflict between the percentages for deposit or cancelation or retainer fees stated in the Assignment Confirmation and these terms, the Assignment Confirmation takes precedence.
3. Services and Fees
3.1 Karitane® charges for an Assignment include the back up administration and support service that Karitane® provides (the “Fees”).
3.2 Fees are as agreed between the Client and Karitane®. Karitane® will invoice the Client for 50% of the full Fees upon confirmation of an Assignment (or such other deposit percentage as stated in the Assignment Confirmation). This deposit is payable by the Client within 7 days of the invoice date or prior to the commencement of the Assignment, whichever is sooner, and must be received by Karitane® before the Assignment can commence. The remaining Fees will be invoiced either on the commencement of the Assignment, weekly or fortnightly during the Assignment or at the completion of the Assignment (as stated on the Assignment Confirmation) and are payable within 7 days of the date of invoice. If settlement of such invoices is not received within this time-scale, the replacement and refund provisions in clauses 3 and 4 will not apply. Extra fees (Double Rates) will be charged on any Public Holidays. Karitane® reserves the right to charge interest on any overdue accounts and will notify the Client 7 days in advance of it’s intention to do so. If the amount still remains unpaid, Karitane® reserves the right to charge the Client for any reasonable costs incurred in recovering any outstanding amounts.
3.3 Fees are calculated in respect of each Assignment, any subsequent Assignments by the same or another Karitane® Professional shall be subject to a further fee. Should an Assignment be extended by the Client, or the Client use the Karitane® Professional’s services again within 6 months of the end of the previous Assignment, a further fee will be payable. The Client agrees to notify Karitane® of any such changes and to agree to pay the relevant fee. Equally, should an Assignment result in a permanent engagement of the Karitane® Professional by the Client within 6 months of the date of commencement of the initial Assignment, the permanent placement fee shall be payable by the Client.
3.4 Under no circumstances will the Client make a private arrangement, financial or otherwise with a Karitane® Professionals introduced to them by Karitane® either during or after the termination of the Assignment. Karitane® Professionals are to be booked and contacted via Karitane® only. The Client acknowledges and agrees that if it breaches this clause then it will be liable for the applicable fees of the role performed by the Karitane® Professional as if the Karitane® Professional had been booked via Karitane®.
3.5 Any additional costs incurred by a Karitane® Professional on behalf of the Client (such as shopping) are the Client’s responsibility. Karitane® requires that all money transactions will be recorded in a book at the Clients’ residence along with all receipts.
3.6 The basic terms of the Assignment are agreed between Karitane® and the Client (such as hours, Fees, cancellation fees) as documented in the Assignment Confirmation. As the Karitane® Professional will work directly with the Client for the Assignment so the Client must agree the specific duties of the Assignment and any particular requirements of either the Karitane® Professionals or Client (such as travel costs or hours off for a live-in maternity nanny role) with the Karitane® Professional prior to the start of the Assignment.
4. Cancellation by Client
4.1 Should a Client cancel an Assignment after the Karitane® Professional has been confirmed but before the Assignment commences, the Client will be liable for 50% of the Fees (or such other percentage as stated in the Assignment Confirmation). If the cancellation fees are less than the deposit paid, Karitane® will refund the difference to the Client. If the cancellation fee is more than the deposit paid, Karitane® will invoice and the Client agrees it will pay the difference within 7 days.
4.2 Fees are calculated based on the hours of the position when the Assignment is confirmed and the Karitane® Professional working on the Assignment has committed herself to being available solely to the Client for the term of the Assignment. Accordingly, should the Client cancel the Assignment during the term of the Assignment, the Client is liable to pay the full Fees to cover the Karitane® Professional’s loss of earnings. Karitane® will invoice and the Client agrees it will pay the difference within 7 days.
4.3 Should the Client cancel a Karitane® Professional booking within 24 hours of the job starting, the Client will be required to pay the Karitane® Professional 100% of the confirmed shift booking as invoiced by the Karitane® Professional. This cannot be transferred to another day/night during the assignment set out in the confirmation letter. .
5. Cancellation by Karitane® Professionals
5.1 In the unlikely event that a Karitane® Professional cancels an Assignment after the Assignment has been confirmed but before the Assignment commences, Karitane® will use its best endeavours to find a replacement Karitane® Professional within 7 working days, provided that Karitane® has received the deposit within the time period set out in clause 2. In the event that Karitane® is unable to find a replacement Karitane® Professional it will refund all the deposit paid by the Client for the Assignment.
5.2 In the unlikely event that a Karitane® Professional cancels an Assignment during the term of the Assignment, Karitane® will use its best endeavours to find a replacement as soon as possible provided that,
(a) the Karitane® Professional has not left because of unreasonable conditions or because of a change in the role description or change in location or because of unreasonable demands by the Client; and
(b) Karitane® has received the deposit and any Fees invoiced within the time period set out in clause 2.
In the event that Karitane® is unable to find a replacement Karitane® Professional it will invoice the Client for the Fees for the part of the Assignment completed, and where the Fees due are less than the deposit and other Fees paid to Karitane®, Karitane® will refund the difference. If the Fees owing for the completed part of the Assignment are more than the deposit and other Fees paid to Karitane®, Karitane® will invoice and the Client agrees it will pay the difference within 7 days.
6. Change of Karitane® Professional requested by Client
6.1 If during an Assignment the Client wishes replace the Karitane® Professional due to her unsuitability for the role, Karitane® will use its best endeavours to find a replacement as soon as possible provided that,
(a) Karitane® has received the deposit and any Fees invoiced within the time period set out in clause 2 and
(b) Karitane® has had the opportunity to speak to both the Client and Karitane® Professional to ascertain what went wrong with the Assignment and may also ask to see the role description agreed between the Client and the Karitane® Professional.
In the event that Karitane® is unable to find a replacement Karitane® Professional it will invoice the Client for the Fees for the part of the Assignment completed, and where the Fees due are less than the deposit and other Fees paid to Karitane®, Karitane® will refund the difference. If the Fees owing for the completed part of the Assignment are more than the deposit and other Fees paid to Karitane®, Karitane® will invoice and the Client agrees it will pay the difference within 7 days.
7. Terms particular to a Live-In Maternity Nanny Role
7.1 The Client agrees that, with regard to an Assignment for a postnatal live-in maternity nanny position where the Assignment is due to start on the due date of the baby or other date specified in the Assignment Confirmation, where the baby arrives later than expected, the Client is liable to pay 50% of the daily Fee as retainer from the date specified as the start date in the Assignment Confirmation until the actual start date after the birth of the baby (or such other percentage agreed in the Assignment Confirmation).
8. Engagement of a Karitane® Professional by a third party
8.1 All information provided by Karitane® including personal details of Karitane® Professionals should be treated as strictly confidential. The Client agrees that it will not effect an introduction of a Karitane® Professional to a third party, without first informing Karitane®, in order that the Karitane® Terms of Business may be sent to that third party.
9. Liability, Insurance
9.1 Karitane® does not accept any liability for any loss, liability, costs, injury, damage claims, or expenses or kind of inconvenience incurred by the Client or for which the Client may become liable, arising directly or indirectly, arising from or in connection with the engagement by the Client of the Karitane® Professional under an Assignment nor from an act or omission of a Karitane® Professional introduced by Karitane®.
9.2 The Client is responsible for providing adequate insurance, to cover any loss or damage caused by the Karitane® Professional introduced by Karitane® working in the Client’s home and the Client is responsible for ensuring that their household insurance policy covers the Client having the Karitane® Professional in their home. Any vehicle, which is required to be driven by the Karitane® Professional, must be comprehensively insured by the Client and the Client is responsible for checking that the Karitane® Professional meets the Client’s insurance policy and criteria.
10. Privacy and Confidentiality
Karitane® will only hold relevant personal information about client/s in accordance with its obligations under the Privacy Act 2020 and in relation to health information, by the Health Information Privacy Code. By Agreeing to services the client consents to Karitane® collecting, using and disclosing personal information about the client for all purposes relating to the provision of in-home care services to the client by Karitane® and the Candidate. The client also authorises that the personal information may be collected from and shared with the client, his or her spouse, their nominated family members, the Candidate, the client’s health service providers (including ACC), Healthline (outside of Agency hours) and Karitane® staff as required. The personal information will be held by the Karitane® office where the Assignment is co-ordinated and the client will have the right to access and correct this information. The full privacy policy is available in a separate document on request.
11. General
11.1 Karitane® reserves the right to change these terms and conditions at any time and will notify the client by posting them on its website www.karitanenannies.co.nz