This Service Agreement is for services to be provided by Heaven Sent Nanny LLC this (“Agreement”) is between Heaven Sent Nanny LLC and Family Listed Below

In this Agreement, the party who is contracting for a fee to receive the services shall be referred to as "Family", and the party who will be providing the services is Heaven Sent Nanny LLC and shall be referred to as "Heaven Sent Nanny".

 Description of services provided by Heaven Sent Nanny LLC

Heaven Sent Nanny is a Nanny referral agency whose objective and focus is on helping families find candidates to be interviewed and hired by the Family as a live-in Nanny. Heaven Sent Nanny will recruit, screen and present applicants to be interviewed and potentially hired for a live-in Nanny position by the Family. Responsibility of the Family is to deem candidate appropriately qualified through their interview process and scrutiny and understand they are the employer before deciding to hire any Nanny.

Heaven Sent Nanny will provide the following services (collectively the "Services")

Heaven Sent Nanny provides candidates to families that are available to be hired as a live-in childcare provider/Nanny. Candidates have been interviewed through Heaven Sent Nanny. Heaven Sent Nanny will present available candidates to the Family for their review and interview. Heaven Sent Nanny will outsource all background reports to be run on the Nanny to U.S. Information Search once the Nanny has been offered a position and has accepted the Family's offer. Heaven Sent Nanny will also provide needed verbal support through the duration of the placement. Heaven Sent Nanny may also provide a free replacement to the Family within the first 60-days of the Nanny's employment if the Family or Nanny deem that it's not a good fit.

Screening

Heaven Sent Nanny uses U.S. Information Search to run a background report on the Nanny that has been hired by a Family that includes but is not limited to sex offender registry, SS trace, mulit-state criminal, local federal and DMV reports. Heaven Sent Nanny will check six references provided by the applicant. Heaven Sent Nanny also requires the Nanny to be CPR-First Aid certified for infant, child and adult. Heaven Sent Nanny also requires the Nanny to have at least three years of childcare experience and a valid driver's license. Family understands that Heaven Sent Nanny must act within the confines of the federal and state laws and screen applicant within the boundaries of the law. Heaven Sent Nanny is not responsible for missing or inaccurate information provided by the applicant or applicant's references that is not verifiable under the above screening methods. Upon request, Heaven Sent Nanny will provide to the hiring Family any reference sheets, background reports, and other screening methods used by Heaven Sent Nanny to screen the applicant. Family is urged to speak to each Nanny about any medical conditions or any medications the Nanny is taking. Heaven Sent Nanny is not the employer and does not have access to any applicant's medical history, information or ongoing care under a doctor.

 

Duties of the Family

Family shall review Nanny Newsletters of applicants presented to them by Heaven Sent Nanny to determine if Family feels the candidate is suited to be interviewed by the Family. Family must request Nanny candidates phone number from Heaven Sent Nanny and Family must make arrangements to interview potential candidates who Family believes to meet the need specified by Family. Heaven Sent Nanny does allow up to a  72 hour in person interview if determined by the Family this is the best method to conduct the interview. Family would in this case be responsible with providing applicant a round trip airline ticket plus luggage. Family agrees to screen applicant for all criteria in addition to Heaven Sent Nanny screening methods. Family shall be responsible to verify the references, qualifications and any other factors Family seems necessary prior to extending a job offer to the  applicant. The final decision to hire any applicant, the terms and conditions of the employment of applicant, and all risks associated with such decisions shall rest solely with the hiring Family. Once the applicant has accepted a job offer, they now become the employee of the Family. Family is to inform Heaven Sent Nanny of any job offer that has been accepted by an applicant. Upon hiring a Nanny through Heaven Sent Nanny, Family will be sent an invoice along with referrals of companies that can assist with the Nanny's payroll. Family needs to check with their local state regarding live-in Nanny employment laws. Family is also responsible for paying for the Nanny to arrive at their home. Family agrees to pay their Nanny a weekly salary or hourly wage (depending on state laws) plus provide room and board. Family agrees not to charge their Nanny rent.

Sharing Information 

Family agrees not to share any applicant information belonging to Heaven Sent Nanny with any non- Heaven Sent Nanny Client/Family. In the event a current Heaven Sent Nanny Family presents applicant information to a non-Heaven Sent Nanny Family and it results in non-client hiring a Heaven Sent Nanny applicant. Heaven Sent Nanny will have the right under the terms of this agreement to charge the current Heaven Sent Nanny Family $4500. If a Family hires any Nanny candidate that has been presented to the Family by Heaven Sent Nanny without notifying Heaven Sent Nanny of the job offer/job acceptance, then under the terms of this agreement the Family will be charged a $4500 placement fee plus a penalty up to the same amount plus all court and attorney's costs and fees associated with the collection of owed funds. Family is agreeing to notify Heaven Sent Nanny if they wish to hire a Nanny and may not do so without the knowledge of Heaven Sent Nanny.

 

Payment for services provided by Heaven Sent Nanny

Upon hiring a Nanny from Heaven Sent Nanny the monetary payment for the services completed by Heaven Sent Nanny is non-refundable and will be in the amount of $3,500.00 and is due within 72 hours of the Nanny accepting the job. There will be a $350.00 late fee which is 10% of the placement fee charged for any payments received after the payment due date.
Family understands and agrees once they pay the fee that Heaven Sent Nanny has done what we hired them to do, which is to find the Family a Nanny to hire. Family will be responsible for the full and total transportation cost of the Nanny to and from the Family home. There is a 60-day free replacement offer to qualified families. Heaven Sent Nanny offers a discount for return clients.

 

 

Satisfaction of fees due by Family

Family understands there is a one-time non-refundable fee for services provided by Heaven Sent Nanny. Family will be sent an invoice for the placement fee upon hiring a Nanny through Heaven Sent Nanny. Family agrees that they accepts all risks associated with hiring a Nanny. Upon receipt of  payment for services to Heaven Sent Nanny, Family is agreeing that Heaven Sent Nanny has completed the services to their satisfaction that they were hired to do. The compensation for services provided shall be payable in a lump sum payment and is due within 72 hours of childcare provider/ Nanny accepting the Family's job offer. At the time of payment, Family does agree that Heaven Sent Nanny has screened the childcare provider to the complete satisfaction of the hiring Family. Hiring Family understands that they can request at any time any documentation that Heaven Sent Nanny used to screen the childcare provider, references sheets, copies of background reports, driving records and references letters that Heaven Sent Nanny has obtained by the applicant. Family understands in home provider may not start employment until all fees have been paid. Family understands that any decision made by a Nanny after accepting employment by a Family is not the responsibility of Heaven Sent Nanny. Heaven Sent Nanny will not refund any monies based on a nanny's decision. Family takes full responsibility of their employee.

 Replacement offer

Terms of the free replacement offer. A free replacement may be attempted to qualified families up to the 60-day of the Nanny's start date. If a Family wishes to replace their Nanny within the first 60-days, they must send a written request to Heaven Sent Nanny with their intent. Heaven Sent Nanny will make their best effort to provide replacement candidates to the Family after the receipt of the written notice. Family does understand that while Heaven Sent Nanny will make their best effort to provide candidates to the Family, Heaven Sent Nanny cannot guarantee that at the time of the replacement request that the nannies available are suitable for the Family. The Family may take up to 3 months or at least 10 Nanny Newsletters before Heaven Sent Nanny may determine that it may not be possible to find a suitable replacement. If the Family would like to extend their search, they must inform Heaven Sent Nanny in writing. Families who have any monies owed to a previous Nanny will not be eligible for a replacement until all monies owed have been satisfied. 

 

Agreement Termination

This agreement shall terminate automatically one year from the signed date unless Family or Heaven Sent Nanny puts in writing the wish to terminate this agreement OR the Family wishes to extend this agreement by hiring another Nanny consecutively then the terms of this agreement will automatically extend for another year. Family must give Heaven Sent Nanny 15-day written notice to terminate.

Relationship of Parties

It is understood by the parties that Heaven Sent Nanny is a referral agency acting as an independent contractor and providing a service to the Family, and not an employee of the Family. Family understands that they are the employer of the childcare provider/Nanny and do not hold Heaven Sent Nanny responsible for any damages or occurrences caused by their employee. Heaven Sent Nanny does not employ any nannies.

Photographs

Any pictures obtained by Heaven Sent Nanny will stay in the possession of Heaven Sent Nanny. It is understood that Heaven Sent Nanny will use photographs sent in by the Family for the sole purpose of assisting the Family in finding a childcare provider.

Confidentiality

Agency may have had access to proprietary, private and/or otherwise confidential information ("Confidential Information") of the family. Confidential information shall mean all non-public information. Agency will protect such information and treat the confidential information as strictly confidential. This provision shall continue to be effective after the termination of this agreement.

No conflicts

Agency hereby represents and warrants to Family that its execution and performance of this agreement does not and will not breach any other agreement and does not require the consent of any other person or entity. Heaven Sent Nanny acts as an independent contractor.

Entire Agreement

This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this agreement shall be deemed effective unless in writing and signed by the parties hereto.

 Waiver of Breach

The waiver by either party of a breach, default, delay or omission of any of the provisions of the agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.

 Provisions

If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Applicable Law

This agreement shall be governed by the laws of the state of Oregon. Jurisdiction; governing Law. Any disputes between the parties regarding the matters herein shall be filed and heard exclusively in Marion County Circuit Court in the state of Oregon. All parties hereto consent to the personal and subject matter jurisdiction of said court and that the laws of the state of Oregon shall apply to any dispute herein.