TERMS OF USE

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement governs the use of the services (the “Service”) offered by Cambridge Nanny Group and www.cambridgenannygroup.com Web Site (the “Site”). Please read these Terms of Use (“Terms of Use” or “Agreement”) before using or continuing to use our services. Usage constitutes an agreement to all terms and conditions in this Agreement. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in this Agreement without modification by User. If you object to anything in this Agreement or the Privacy Policy, do not use the Service. The Terms of Use are subject to change effective upon posting on the Site of a revised version, and your use of the Service after such posting will constitute acceptance by you of the revised version of the Agreement.

 

Referral Fee.  The Client shall pay to Cambridge Nanny Group a referral fee based on the referral fee schedule for referral of a caregiver with the Client as indicated on the rate card listed on our web site at the time the family elects to hire a nanny.

 

Final Approval. Final approval is up to the Client. Client is encouraged to verify any and all history or references on any particular Candidate prior to hiring. The decision to employ a caregiver rests solely with the Client.

 

Payment.  The Client understands and agrees that when Client employs a referred caregiver, Cambridge Nanny Group invoice is due after candidate successfully completes a thirty (30) day probationary period.   The probationary period begins at commencement of the hire.   Should the nanny not work out for any reason during that thirty (30) day period you will not be billed our referral fee.   Should the Client employ nanny after thirty (30) days the referral fee becomes due and payable immediately.

We rely on the prompt payment of our clients to ensure our continued financial stability. Your timely payment allows us to manage our cash flow properly, so that we can pay our vendors on time and continue to provide the quality service you have grown accustomed to. Because of the importance of this issue, our payment policy is as follows:

Refunds.  Cambridge Nanny Group refund policy follows the regulations dictated by the Illinois Department of Labor ( Ill. Rev. Stat., ch. 111, sect. 901-918; Ill. Adm. Code Title 68: Professions & Occupations; Ch. III: Department of Labor: Part 680 -Rules and Regulations Relating to the Operation of Private Employment Agencies).  If the employer pays the fee, and the employee fails to remain in the position for a period of 30 days, Cambridge Nanny Group shall refund to the employer all fees, less an amount equal to 25% of the total salary or wages paid such employee during the period of such employment, within 3 days after Cambridge Nanny Group has been notified of the employee’s failure to remain in the employment, provided such 25% does not exceed the amount charged for a permanent position of like nature.  We reiterate the Cambridge Nanny Group invoice is due only when employee successfully completes a 30 day employment probationary period.   After invoice has been paid refunds are not granted.

Introduction.  Client understands and agrees that Cambridge Nanny Group has invested substantial time and resources in recruiting, screening, testing, and video taping applicants. If at any time the Client hires a Caregiver introduced by Cambridge Nanny Group the Client is obligated to pay to Cambridge Nanny Group the referral fee as published on Cambridge Nanny Group’s rate card. In the event that Client refers any Caregiver introduced to Client by Cambridge Nanny Group to a third party who hires the permanent full time services of the Caregiver within two years of introduction, the Client shall be obligated to pay Cambridge Nanny Group in full percentage fee based on current referral rates.

 

Candidate Fee Policy. Candidates are not charged fee to apply, interview, or obtain job through Cambridge Nanny Group.

 

Temporary Care Services Our temporary nanny referral fee is for temporary positions lasting no more than sixty (60) days.  Should you choose to keep your temporary nanny for more than sixty (60) days in any capacity, (full-time/part-time/on-call/sitter) you will be billed a permanent placement fee.

 

Referral Service. Client understands that Cambridge Nanny Group is strictly a referral service and that the Client is solely responsible for the selection of the Caregiver. The Client further understands that it is the Client’s responsibility to confirm and verify all references and information supplied by Cambridge Nanny Group and that the Client, and not Cambridge Nanny Group, is the employer of the Caregiver. The Client acknowledges that the Caregiver is not an employee of Cambridge Nanny Group and that in no event shall Cambridge Nanny Group be liable or otherwise responsible for any action or performance of the Caregiver, including without limitation, the Caregiver’s negligence, malfeasance, nonfeasance or willful misconduct. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAMBRIDGE NANNY GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH CAREGIVERS.  THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

 

Indemnity. The Client on behalf of itself and all successors and assigns agrees to release and discharge Cambridge Nanny Group, its officers, directors, employees and agents harmless from any and all liabilities, claims, action and causes of action whatsoever arising out of or in any way connected with the referral or subsequent action or performance of the Caregiver. Additionally, in the event Cambridge Nanny Group is named as a defendant in a lawsuit involving the Caregiver, the Client or any other person, arising out of the Caregiver’s or the Client’s negligence, malfeasance, nonfeasance or willful misconduct, or involving the Client’s payment of Cambridge Nanny Group ‘s fee, the Client agrees to indemnify Cambridge Nanny Group and pay all of Cambridge Nanny Group’s costs and attorneys’ fees.

 

Cancellation If between the Hiring Date (the date that the Client agrees to have the Caregiver work and the Caregiver agrees to commit to the job) and the Commencement Date the Client desires to cancel the employment of the Caregiver, no placement fee is paid by the Client.

 

Modification of Contract. This contract contains all the agreements and conditions under which the contract is to be performed and no course of dealing or usage of the trade shall be applicable unless expressly incorporated in this Contract. The terms and conditions contained in this Contract may not be added to, modified, superseded or otherwise altered except by written modification signed by authorized representative of Cambridge Nanny Group.

 

Replacement Policy: Upon fulfillment of all the conditions listed herein, subject and limited to the terms of this Service Agreement, if the initial candidate leaves client’s employment or other engagement with client within 90 days from the candidate’s first day of employment or other engagement with client, Cambridge Nanny Group will make reasonable efforts according to applicable law for 30 days to provide additional referrals for a maximum of one replacement candidate to client.

 

Cambridge Nanny Group’s obligation to provide additional referrals is expressly conditioned on client’s (1) satisfaction of all of his or her obligations under this Service Agreement, including but not limited to payment of all Cambridge Nanny Group’s fees and charges in a timely manner; (2) notification to Cambridge Nanny Group within one week of the candidate’s resignation or termination of employment or other engagement; (3) abiding by all applicable laws, including paying the candidate in a timely manner in full as required by law; (4) not materially changing the candidate’s job duties or job description; (5) not engaging in any acts of harassment, abuse, or moral turpitude in the context of the employment relationship; and (6)  submitting an accurate and truthful Family Application to Cambridge Nanny Group. Determining compliance with these conditions is in the sole and absolute discretion of Cambridge Nanny Group.

If client fails to satisfy all of these aforementioned conditions, Cambridge Nanny Group shall have no further obligations to client.  Further, Cambridge Nanny Group shall be obligated to provide additional referrals to client only for the first candidate client hires from Cambridge Nanny Group.  Cambridge Nanny Group is under no obligation to provide additional referrals if any candidates after the first candidate leave client’s employment or other engagement for any reason or at any time.  Cambridge Nanny Group’s obligation to provide additional referrals shall not apply if the candidate gives client notice of her or his intention to terminate her or his employment with client at the end of the applicable replacement period or any time thereafter.

 

Release. In the event that you have a dispute with one or more candidates, Caregivers, or applicants, you release Cambridge Nanny Group (and our officers, directors, agents, investors, subsidiaries, and employees) from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

Third Party Verification Services and Consumer Reports

Cambridge Care Group may make available to Clients one or more third party verification services that provide consumer reports or identity check services (collectively, “Verification Services”) that enable Clients to inquire about selected information, including, but not limited to, the person’s identity and certain criminal convictions. Cambridge Nanny Group does not endorse or make any representations regarding the reliability of the Verification Services or the accuracy of any information provided through such Verification Services. You agree that Cambridge Nanny Group may, in its discretion, rely on the information but that Cambridge Nanny Group shall not be responsible or liable in any way in the event that any information provided by such Verification Services about any person, including without limitation any User, is not accurate.

 

Fair Credit Reporting Act

If a Verification Service is used, Users hereby warrant that they will comply with the Fair Credit Reporting Act, 15 USC 1681 (“FCRA”), which can be found at:http://www.ftc.gov/os/statutes/031224fcra.pdf. Cambridge Nanny Group provides a summary of FCRA rights for Care Providers who authorize background checks and also provides notice when Cambridge Nanny Group determines to reject a Caregiver based on information in a background check. Cambridge Nanny Group does not assume and expressly disclaims any liability that may result from the use of this information by Users.

 

Billing and Payment Policy

All Clients are obligated to pay for the services of Cambridge Nanny Group, unless specifically notified otherwise. Pricing may be altered by any promotion selected at the time of registration. For all fees, Cambridge Nanny Group will charge the Clients credit card according to the agreed-upon fee; or send an invoice for services rendered. While Cambridge Nanny Group will use reasonable commercial efforts to ensure the privacy of all credit cards and all other personal information; we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold Cambridge Nanny Group harmless for any damages that may result therefrom. Cambridge Nanny Group will use a third party service to process credit card information. For further information regarding that service, please contact Cambridge Nanny Group to request information about Cambridge Nanny Group’s credit card processing company.

 

No Liability

Users agree not to hold Cambridge Nanny Group agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated from or otherwise were provided by a User. Users release Cambridge Nanny Group and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes. Indemnification. By agreeing to the terms of this Agreement, Users agree to indemnify, defend, and hold harmless Cambridge Nanny Group, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as Cambridge Nanny Group) from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred by Cambridge Nanny Group and Affiliates in connection with any claim by a third party arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims.

 

Arbitration

Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Cambridge Nanny Group may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, necessary to protect the rights of property for you or Cambridge Nanny Group pending the completion of arbitration.

 

General Provisions

Failure by Cambridge Nanny Group to enforce any provision(s) of this Care Seeker Agreement shall not be construed as a waiver of any provision or right. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. Any controversy or claim that is not subject to the Arbitration provision set forth in these Terms of Use, other than action for a specific performance or for injunctive relief brought by Cambridge Nanny Group, shall be exclusively brought in the federal, state, or local courts located in Chicago, Illinois; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the Exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Care Seeker and Cambridge Nanny Group. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Cambridge Nanny Group its successors and assigns.

 

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of Illinois (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Chicago, Illinois. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Cambridge Nanny Group and Care Seekers with respect to the subject matter hereof, and Care Seekers have not relied upon any promises or representations by Cambridge Nanny Group.

 

LINKS TO EXTERNAL SITES

Links from the Site to external sites are for the users’ reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Cambridge Nanny Group does not control such sites, and is not responsible for their content. Just because Cambridgenannygroup.com has hyperlinks to such sites does not mean that cambridgenannygroup.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by cambridgenannygroup.com Terms of Use and Privacy Policy.

 

PROHIBITED USE

The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Cambridge Nanny Group Care Seekers or Care Providers for employment or contracting for a business not affiliated with Cambridge Nanny Group without express written permission from Cambridge Nanny Group. Should Cambridge Nanny Group find that you violated the terms of this paragraph or any terms stated herein, Cambridge Nanny Group reserves the right, at its sole discretion, to immediately terminate your use of the Site and Service and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, Cambridge Nanny Group Caregiver or Client information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text,  or otherwise mis-using or mis-appropriating site or service content including but not limited to, use on a “mirrored”, competitive, third party site or  other competitive businesses and services.