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Terms and Conditions for Families

September 2016

For the avoidance of doubt, these Terms and Conditions relate only to Babysitting and Day Nanny services supplied by Yellow Duck Childcare Ltd (as defined in these terms and conditions) and shall not apply to any other services supplied by Yellow Duck Childcare Ltd.


The Definitions in these terms and conditions shall apply equally to both the singular and plural forms of the terms defined, whenever the context may require, any pronoun shall include the corresponding masculine and neuter forms


1. Definitions 


1.1 Child Carer – means (for the purpose of these terms and conditions) the person (Baby Sitter and or Day Nanny) Engaged by the Client for childcare services


1.2 Child Carers Hourly Fee – means the relevant fee to be paid by the Client to the Child Carer in cash on conclusion of the Child Carers’ Booking


1.3 Booking – means the duration of a start and finish time in any 12-hour period of a booking by the Client 

1.4 Booking Fee – means the fee payable by the Client to Yellow Duck Childcare Ltd

1.5Client – means the person, parent, family member or third party


1.6 Job Summary Form – means the form completed by the Client for the Child Carer


1.7 Registration Fee – means the quarterly fee paid by the Client to Yellow Duck Childcare Ltd to become a registered member of Yellow Duck Childcare Ltd

1.8 Registration Form – means the form used to register with Yellow Duck Childcare Ltd for childcare services as a member


1.9 Online Registration Form – means Yellow Duck Childcare Ltd website registration system

1.10 Online booking form – means using Yellow Duck Childcare Ltd online booking system

2. Contract

2.1 Yellow Duck Childcare Ltd will only conduct business for childcare (Babysitting or Day Nanny) services on these terms and conditions, which are legally binding on all parties


2.2 These terms and conditions are deemed accepted by the Client by virtue of completion of the Yellow Duck Childcare Ltd Registration Form and or Booking Form and/or any request whether verbal or written to supply Childcare services

2.3 Yellow Duck Childcare Ltd acts as an introduction and booking agent for Child Carer Services, Child Carers are not employees of Yellow Duck Childcare Ltd

2.4 Yellow Duck Childcare Ltd endeavours to introduce Child Carers to the Client who have been carefully selected. Yellow Duck Childcare Ltd Child Cares are only ever allowed to work with our Clients once they have completed our thorough selection and vetting process which includes two written references (with verbal confirmation), a Data and Barring Service check (DBS), Identity check and Suitability Declaration, our selection process is further defined in Schedule 1 accompanying these terms and conditions  


2.5 The Client agrees that Yellow Duck Childcare Ltd requires our Child Carers to be in a safe, warm and friendly environment 

2.6 The Client shall always ensure they give clear instructions regarding the care of the children the Child Carer will be taking care of, including but not limited to any special requirements, dietary needs, allergies, administration of any medication, creams and complete the Job Summary Form

3. Bookings 

3.1 Yellow Duck Childcare Ltd will use its best endeavours to fill a booking request providing a minimum of 48 hours’ notice is given. However, it is often possible to satisfy requests made at shorter notice, though this can be more difficult, especially during school holiday periods, weekends and on special days, (special days are defined in Clause 4.11). The earlier you make the booking the more likely you will secure a Child Carer


3.2 Yellow Duck Childcare Ltd endeavours to satisfy all bookings, however, submitting a Registration Form and or Booking Form, payment of the Registration Fee and or Booking Fee is not a guarantee that a Child Carer will be available, the amount of notice given should be taken in to account 

3.3 Yellow Duck Childcare Ltd Child Carers are casual workers and therefore we are not able to require any Child Carer to work at any time or for a particular Client


3.4 Yellow Duck Childcare Ltd will always try to accommodate your needs, if your child is unwell depending on your child’s symptoms and or diagnosis, there may be occasions where we cannot accept your booking, please contact us to discuss your requirements


3.5 The Client agrees that Yellow Duck Childcare Ltd Child Carers are engaged by the Client to provide childcare and shall not be expected to do house hold chores that are not related to the care of your children

3.6 The Client shall only make bookings though Yellow Duck Childcare Ltd and shall not make or arrange any childcare Engagements directly with Child Carers

3.7 If a Client Engages a Child Carer to the exclusion of Yellow Duck Childcare Ltd or fails to pay the relevant fees Yellow Duck Childcare Ltd reserves the right to, seek payment from the Client of any arrears resulting from the arrangement, charged at the Child Carers’ Hourly Fee, including any Registration Fees and Booking Fees due as a result of the arrangement

3.8 Any offers of employment to a Child Carer introduced to the Client by Yellow Duck Childcare Ltd shall be made through Yellow Duck Childcare Ltd only and not directly to the Child Carer

3.9 If a Client Makes an offer of employment to a Child Carer the Client agrees that an Introduction Fee of 12% of the Child Carers gross annual salary or £1000.00, whichever the greater shall be payable to Yellow Duck Childcare Ltd by the Client


4. Fees 

4.1 The Client pays a Registration Fee per quarter and a nominal Booking Fee for each booking made, this allows Clients to book Child Carers through Yellow Duck Childcare Ltd

4.2 The Client shall pay the Booking Fee in full at the time the booking request is made or before the booking is confirmed

4.3 Non-registered members shall pay fees in full prior to or at the time of booking, see fees for non-registered users www.yellowduckchildcare.com

4.4 Yellow Duck Childcare Ltd reserves the right not to dispatch a Child Carer if the relevant fee has not been received via online banking prior to the Booking start time

4.5 The Client agrees there is a three-hour minimum booking, if the Client returns before the end of the booking the Child Carer shall be paid the Child Carers’ Hourly Fee for the total hours booked

4.6 The Client agrees to pay the Child Carer directly for the total hours booked in cash at the end of the booking, rounded up to the nearest half hour. If the booking runs past the agreed booking time the Client agrees to pay for the additional period in cash rounded up to the nearest half hour

4.7 The Client shall call the Child Carer if the Client is running late, many of our Child Carers may have commitments of their own or may be booked for another job after yours. If you are running late for a booking that is already in progress, please call the Child Carer. You should also let Yellow Duck Childcare Ltd know so we can make any arrangements as required. You will also need to pay for the extra time rounded up to the nearest half hour for the time you are late. 

4.8 The Client agrees to pay an additional £1.00 per hour above the Child Carers Hourly Fee for any hours worked by the Child Carer after midnight. 


4.9 All Fees are payable in British Pounds

4.10 The special days are charged at a higher Child Carers Hourly Fee. This is so Child Carers are prepared to give up their holiday to work. Special days are defined as: Mother’s Day, Father’s Day, Valentine’s day, Christmas Eve, Christmas Day, Boxing day, New Year’s Eve, New Year’s Day, Easter Friday, Easter Monday, and any other public holidays as defined from time to time. If a bank holiday is on a weekend, a ‘substitute’ weekday becomes a bank holiday, normally the following Monday

4.11 Details of our fees are available on our website www.yellowduckchildcare.com

4.12 Yellow Duck Childcare Ltd reserves the right to increase its fees at any time

5. Cancellations 

5.1 If the Client cancels a booking within three hours of the start time, the Client will be requested to pay the Child Carer a three-hour cancellation fee equal to the Child Carers Hourly Fee, Yellow Duck Childcare Ltd will pass the cancellation fee on to the Child Carer


5.2 If the Client cancels a booking with 24-hours or more notice Yellow Duck Childcare Ltd will refund the Clients Booking Fee

5.3 If a Child Carer cancels or no-shows for a booking and no alternative Child Carer can be found a full refund of the booking fee will be paid to the Client and your next booking fee will be free.  Where a booking is cancelled by the babysitter due to circumstances beyond their control e.g. sever weather conditions, we cannot refund booking fee.  

5.4 Yellow Duck Childcare Ltd shall not be held responsible for the cancellation or no-show of a Child Carer

5.5 If the Client needs to change the start or finish time of a booking the Client shall call Yellow Duck Childcare Ltd who will be happy to assist the Client.


6. Confidentiality and Privacy 

6.1 We value your privacy and the security of your data. We will store all your data securely and in accordance with the Data Protection Act 1998


6.2 The parties shall not during and after termination of this agreement, whether written or verbal or however communicated, without prior written consent of the other party use, disclose or pass on to any other person any information of the other party.

6.3 The Client authorises the Child Carer to inform a family member or friend where the Child Carer will be carrying out the childcare service, the expected start and end time and the address and contact details of the booking Client (this is a simple safety measure for the Child Carer)

7. Liability 

7.1 Yellow Duck Childcare Ltd endeavours to validate the references of all our Child Carers. However, Yellow Duck Childcare Ltd shall not be liable under any circumstances for any accident, injury, claim, loss, damage, expense, action or demand to or by any person whatsoever arising from or in any way connected with the introduction and or the provision of the Child Carer services. Similarly, no warranty or representation of any kind is offered in respect of misconduct, suitability, honesty, capability or character, age or history of the Child Carer

7.2 The Client undertakes to keep Yellow Duck Childcare Ltd fully and effectively indemnified against all costs, claims, damages, expenses and liabilities whatsoever arising from the Child Carers act, omission, default or negligence

7.3 Yellow Duck Childcare Ltd advises the Client to check their home contents insurance provides cover in the event of an accident to or caused by the Child Carer 

7.4 Child Carers are under the supervision and direction of the Client for the duration of the Booking

8. Notifications 

8.1 All Notices required to be given by either party may be served by email, hand delivery or by post to the address of the other party and shall be delivered to the registered home address of the party to whom the notice is being served or any other address that the party has notified in writing. Notices may be served by email and are deemed to have been served on the day the email is sent, notices by post will be deemed to have been delivered 48 hours following posting or if hand delivered on the day of delivery. 

9. Disputes 


9.1 Yellow Duck Childcare Ltd aims to provide the highest quality care and service to all our Clients and welcomes feedback on the service we provide

9.2 We will respond to any complaints or disputes within 48 hours and aim to find a satisfactory outcome within 28 days

9.3 Yellow Duck Childcare Ltd always prefers to resolve any disputes via mediation, the parties agree disputes will be resolved via mediation

Schedule 1: Child Carer Selection Procedure 


Child Carer Selection and Vetting Procedure
 

Yellow Duck Childcare Ltd completes the following checks on all Child Carers before they are allowed to work with our Clients. All checks are conducted by one of the Yellow Duck Childcare Ltd owners


(i) Face to face and or Skype interview 
(ii) Two written references, followed up with verbal confirmation to allow the referee to give a full and frank picture of the Child Carers character
(iii) Reference notes are fully reviewed and approved before being signed off by one of the Yellow Duck Childcare Ltd owners
(iv) The Child Carer is required to provide an original copy of their Data and Barring Check (DBS) and or provide details of their DBS update service for review of their DBS check
(v) Identity Check, the Child Carer must supply Yellow Duck Childcare Ltd with documentation such as a driving license, passport, visa and provide proof of address
(vi) Sign our Suitability Declaration

Only when these checks have been satisfactorily completed will we send our Child Carers to work with you and your children.