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 My Asian Nanny, Inc. sole service is to refer nanny, sit-month nanny (a.k.a postpartum care), elderly care nanny or housekeeping candidate job seekers to the client. The client will select among the candidates presented by My Asian Nanny, Inc. and the client will make the sole hiring decision.
Upon learning the needs of your family, My Asian Nanny, Inc., will refer the client, to nannies candidates who have been interviewed by My Asian Nanny, Inc. and have had their references checked and/or one year of childcare experience verified. References are available upon request with any nanny candidate that you ultimately end up hiring. The client is responsible for reviewing this information. If the client decides to make an offer of employment to a nanny, My Asian Nanny, Inc. asks that the client notifies My Asian Nanny, Inc. immediately. At that time, the client has the option to request from My Asian Nanny Inc. a professional investigative inquiry and background check covering: Conviction search going back seven years (through county records), a Social Security number verification check, and a nationwide sex offender search. The client may retain a copy of this report from My Asian Nanny, Inc. for an additional $75 fee. Furthermore, we cannot guarantee the accuracy or completeness of this information. The client further acknowledges that it is the client’s sole responsibility to carefully review and select a nanny among the candidates presented by My Asian Nanny, Inc.
My Asian Nanny, Inc. is a referral agency only; it is not an employer, co-employer, or independent contractor and assumes no liability or responsibility for the performance of the nanny. Therefore, the client unconditionally releases My Asian Nanny, Inc. and its employees, recruiters, agents, officers, and directors and agrees that My Asian Nanny, 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 My Asian Nanny, Inc., 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 the employment of the client, that client will indemnify and hold My Asian Nanny, Inc. 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 (Nanny) to hire. Employers (client) agree to indemnify and hold the Agency (My Asian Nanny Inc) harmless from any and all liabilities, claims, and damages (including attorney fees paid by the client), during or after the employment period
RETAINER FEE: The client agrees to pay a $50 non-refundable retainer fee, good for one nanny candidate search, at the time of signing this agreement. This $50 retainer fee will be credited toward the client’s total referral fee due at the time of hire and enrolls the client in My Asian Nanny’s replacement guarantee Service for 30 days from the date of the Agreement (see applicable fees noted in this Agreement). For the client’s convenience, if a check does not accompany this Agreement, My Asian Nanny, Inc. shall charge the retainer fee on your credit card or PayPal account. The signing of the Agreement specifically authorizes My Asian Nanny, Inc. to charge the retainer fee on your credit card.
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 My Asian Nanny, 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 nanny or household employee’s first day of employment in order for the guarantee or prorated credit to apply. If the client withdraws the offer after the nanny or household employee accepts, through no fault of the nanny or household employee, the client agrees to pay My Asian Nanny, Inc. an additional $100 cancellation fee. My Asian Nanny, Inc. 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 the client notifies My Asian Nanny, Inc. that the hired nanny or household employee left the client’s employment within 30 days of the first day of placement, My Asian Nanny, 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 the client’s (1) satisfaction of all of its obligations under this agreement, including but not limited to the payment of the referral fee in full on or before the employee’s first day of employment; (2) providing a written work agreement between the nanny or household 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 nanny/domestic’s job duties, compensation or schedule. Determining compliance with these conditions is at the sole and absolute discretion of My Asian Nanny, Inc. If the client fails to satisfy all of these aforementioned conditions, My Asian Nanny, Inc. shall have no further obligations to the client.
CONFIDENTIALITY: The client agrees to keep in confidence the identity of all candidates referred by My Asian Nanny, Inc. and the contents of any files or documents forwarded for the client’s review. If the client discloses information about a candidate to a third party, who acts on that information and subsequently employs said individual, the client undertakes to pay My Asian Nanny, Inc. the referral fee that would have been payable for that nanny or another household employee.
COLLECTIONS: The client further understands that in the event My Asian Nanny, Inc. must seek collections of the above-described fee or any portion thereof, the client shall be responsible for all costs of such collections, including court costs, reasonable attorney fees and interest of 5% per month until paid.
