Terms of Use
This Agreement governs the use of the services (the “Service”) offered by Cambridge Care Group Inc. (collectively referred to herein as Cambridge Nanny Group) and 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. For our CONTINGENCY services fee is only due upon hiring a person through our services. Should you not hire a nanny through our services to fee is incurred. A $500 non-refundable deposit is required for our RETAINED services and is due upon commencement of nanny search as our staff will be dedicating significant time and resources to your family.
Introduction. If at any time the Client hires a Caregiver introduced by Cambridge Nanny Group for all jobs except full time permanent jobs 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. Our temporary nanny referral fee is for temporary positions lasting no more than ninety (90) days, after which you will be charged a full-time 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.
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 awsuit 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 and Refund. 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, the Client shall be refunded the prepaid referral fee less a $100 processing fee.
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
Placement Guarantee. Cambridge Nanny Group guarantees placement of a permanent full-time or part-time nanny for 365 days or 1 year from commencement of start date. We will replace nanny for any reason should the client wish to do so.
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 com 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 Cleints 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 card 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 Care Group Inc dba Cambridge Nanny Group’s 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 andundisclosed, 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 Care Group Inc. , 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, that 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.
