This AGREEMENT is between NannyQuest, Inc., (hereinafter "NANNYQUEST"), and YOU (hereinafter "CLIENT") beginning Sunday, December 16, 2018.
NANNYQUEST and CLIENT stipulate and recite that:
NANNYQUEST is a business providing a high quality referral service, including prescreening and background checks, for customers interested in obtaining an individual to perform childcare, home cleaning, home management and supervision services.
CLIENT desires to employ an individual to perform childcare and or home services.
CLIENT desires the assistance of NANNYQUEST in locating a person suitable for such employment.
For the reasons recited above, and in consideration of the mutual covenants contained within this Agreement, the parties agree as follows:
Upon receipt of signed contract from CLIENT and payment by CLIENT of a non-refundable application fee of ($250 for inside Metro Atlanta, or $500 for outside of metro Atlanta) NANNYQUEST agrees to seek prospective caregivers on behalf of the CLIENT and to conduct interviews to determine whether such persons constitute suitable candidates for the position CLIENT desires to fill. NANNYQUEST further agrees to investigate employment references provided by prospective caregivers for the position and to provide CLIENT with information relative to such investigation and interviews. NANNYQUEST also agrees to schedule interviews between CLIENT and selected caregivers as requested by CLIENT.
In conjunction with the process of the selection of a caregiver, CLIENT agrees to provide NANNYQUEST with information relative to the type of employee desired and the requirements for the position, including the number of days per week the employment will involve. Client also agrees to furnish NANNYQUEST with salary information for the interviewing of prospective caregivers. CLIENT further agrees to schedule interviews of prospective caregivers selected by NANNYQUEST solely through NANNYQUEST.
CLIENT agrees upon hiring of a selected caregiver obtained directly or indirectly as the result of services rendered by NANNYQUEST, to notify NANNYQUEST of the selection of said caregiver. CLIENT further understands that the services provided by all caregivers referred by NANNYQUEST or obtained as a result of receiving services from NANNYQUEST must be made through the NANNYQUEST office.
CLIENT agrees that, in exchange for NANNYQUEST'S efforts in assisting CLIENT to obtain a caregiver for CLIENT, CLIENT shall pay NANNYQUEST a referral fee of 15% of the employee's yearly compensation package for each caregiver referred directly or indirectly to the CLIENT by NANNYQUEST employed by CLIENT. CLIENT further agrees to a referral fee of 20% for each such caregiver employed by the CLIENT as a "live-in" employee (i.e., an employee receiving living accommodations on or off of the CLIENT'S residence and/or premises as part of the candidate's employment.) The "yearly compensation package," as used herein, includes all expenses negotiated by CLIENT as compensation to the selected employee in exchange for the caregiver's first year of employment with the CLIENT. The yearly compensation package includes, but is not limited to, wages, starting bonuses, and insurance premiums and living expenses. Referral fees shall be due and payable within FIVE DAYS of the time that CLIENT notifies NANNYQUEST of CLIENT'S intent to hire a selected candidate. Furthermore, candidate may not begin working until such referral fee has been received by NannyQuest, Inc.
CLIENT agrees that a full referral fee will be paid for any caregiver whose contact was made directly or indirectly through NANNYQUEST, including, but not limited to, contact made through any individual employee (or candidate for employment) obtained by you through NANNYQUEST. CLIENT further agrees not to share caregiver, nor caregiver's information, for any caregiver referred to CLIENT by and through NANNYQUEST with another person unless that person has contracted through NANNYQUEST.
CLIENT agrees to refrain from making any private agreement with the caregiver candidate or from taking any action which is inconsistent with this agreement or which has the effect of avoiding any of the CLIENT'S obligations hereunder. Such private agreements and actions include, but are not limited to, actions which would enable the CLIENT or any other person to avoid payment of the registration and/or referral fees due to NANNYQUEST.
Hiring, employment, and salary negotiations, including withholding, are hereby agreed to be the sole province and responsibility of CLIENT. NannyQuest, Inc. has provided the following information: Household employees must be compensated according to the Fair Labor Standards Act (FLSA), which provides the framework for federal and state wage and hour law. The FLSA classifies household employees as non-exempt workers, requiring that the household employment industry provide overtime pay. Whether a household employee is paid by the hour or on a salary, they are entitled to overtime pay if they work more than 40 hours per week. Overtime time pay must be paid at 1.5 times the standard hourly rate. If an employee is paid on an hourly basis, overtime pay is easy to track. If an employee is paid a salary for a standard work week of more than 40 hours, overtime pay should be addressed as a component of the written contract to ensure protection under the law.
All fees shall be non-refundable. NANNYQUEST agrees that if the referral should prove unsuitable to CLIENT or employee within the first 180 days of the original caregiver's hire, NANNYQUEST agrees to conduct a second search for the same job description on behalf of the CLIENT without charge. Such search shall be conducted within a period of one year from the original date of hire. NANNYQUEST is not, however, obligated to undertake such an additional search unless NANNYQUEST has received the referral fee due it under the terms of this AGREEMENT. NANNYQUEST is also not obligated to undertake such an additional search if the client engaged in abusive or inappropriate conduct towards the originally selected caregiver. Further, should CLIENT desire a longer guarantee, the fees shall be as follows:
Nine-month guarantee: Add 10% to Original Referral Fee
One-year guarantee: Add 20% to Original Referral Fee
It is understood that NANNYQUEST is in no way responsible for the conduct or performance of any individual employed by CLIENT as a result of any service provided by NANNYQUEST, and CLIENT does hereby release, indemnify, and hold harmless NANNYQUEST from and against any and all claims by individuals employed by CLIENT arising out of such employment whether such claims are for wages, for bodily injuries, or for any other cause.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT the day and year above first written.
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