Terms and conditions Nanny Nina
Hello! It is important that you read these terms and conditions carefully before you use the services of Nanny Nina. These Terms and Conditions apply to both the relationship between Nanny Nina and Parents and between Nanny Nina and Babysitters.
The services that Nanny Nina offers with regards to au pairs or childminders are subject to only Articles 1 to 5 (and 10.2 with regard to nannies (childminders at home) of these Terms and Conditions, for which we have separate agreements).
Jasmijn and Lyla,
The following definitions apply in these general terms and conditions:
Article: an article from these Terms and Conditions;
User: every visitor who has registered on the Platform with their profile and contact details as a Parent or Babysitter or has otherwise asked Nanny Nina to mediate as a result of which an agreement has been concluded with Nanny Nina of which these Conditions apply;
Membership: the Membership that Parents can purchase from Nanny Nina via the Platform;
Nanny Nina or we: Nanny Nina V.O.F. located at Figeeweg 1-P in Haarlem and registered in the trade register of the Chamber of Commerce under number 53853997;
Parties: Users of Nanny Nina;
Babysitter or Babysitters: any individual who, after being screened by Nanny Nina, presents themselves on the Platform as a babysitter for no more than 3 days a week with 1 family and, only for the application of Articles 1 to 5, host parents and au pairs;
Babysitting service: the provision of babysitting services by a Babysitter for Parents;
Babysitting agreement: the agreement to provide a Babysitter service between a Parent and a Babysitter established via the Platform;
Parents: parents or legal guardians who have a Membership and / or purchase Babysitting services via the Platform;
Agreement: any agreement between Nanny Nina and the User (including the use of the Platform) and any change and addition thereto;
Platform: www.nannynina.nl and the iOs and Android app from Nanny Nina, the platform on which the services of Nanny Nina are offered and the direct mediation between Users by Nanny Nina;
Conditions: these terms and conditions of Nanny Nina.
In writing is also understood as electronic messages, including but not limited to e-mails.
The definition of words in the singular also includes the plural form thereof and vice versa. If gender is indicated with regard to persons or parties, that indication also applies to the other gender.
In case of possible misinterpretation, the Dutch version of these terms are leading.
APPLICABILITY OF THE CONDITIONS
The Conditions apply to all Agreements and to all other (legal) acts between Nanny Nina and the User, even when those (legal) acts do not result in, or are not related to, an Agreement.
The Terms may be unilaterally changed by Nanny Nina. In such a case, Nanny Nina will inform Nanny Nina Users in a timely manner.
If and insofar as any clause of these Terms and Conditions is declared void or is annulled, the other terms and conditions will remain in full force. Nanny Nina will then adopt a new clause to replace the invalid / annulled clause, whereby the scope of the invalid / annulled clause will be adjoined as much as possible.
Nanny Nina offers Users the opportunity to contact each other on and through its Platform in order to provide Babysitting Services.
Nanny Nina is entitled to (temporarily) put the Platform out of use or to limit it in the event that this is necessary, for example, for maintaining or modifying the Platform, without this resulting in any right to compensation for Users.
Nanny Nina is at all times entitled to adjust and / or terminate (the content of) its Platform.
Nanny Nina in no way guarantees that:
the Platform will work without interruption, be free of viruses, trojans and other errors and / or defects, and that any defects will be remedied;
third parties will not unlawfully use the Platform or the systems of Nanny Nina; and
a Babysitter will obtain a minimum number of Babysitting Agreements via the Platform.
ACCOUNTS AND USE OF THE PLATFORM
The user guarantees that all data he provides to Nanny Nina is complete, correct and up-to-date and that he will only use the Platform for himself. Each user can only create one account, that account is personal (and may not be shared) and can only be used by a Parent for Babysitting Services for his own family.
The Platform offers the possibility to post reviews about a Babysitter. Parents will base their reviews on reasonable grounds and will not post texts that are inaccurate, unreasonable, offensive or contrary to good morals.
We reserve the right to change, refuse or remove the data or reviews provided by the User, for example, because they are incorrect or unreliable, are in violation of the law or are unlawful towards third parties, without this leading to any right of the User to compensation.
We reserve the right for Users to suspend or terminate access to the Platform if the User misuses the Platform, including but not limited to acting contrary to the Terms and Conditions, any clause of Dutch law or the netiquette that are customary on the internet, unabated to Nanny Nina's right to take further legal measures and to claim compensation. A deleted User is not allowed to create a new account.
RELATIONSHIP BETWEEN PARTIES
Nanny Nina only has a facilitating role in establishing the Babysitter Agreements and handling the payment of the Fee under Article 8. There is no employment contract between Nanny Nina and the Babysitter.
Nanny Nina is not responsible or liable for the fulfilment of the Babysitter Agreement by Users. In case of questions and complaints, Nanny Nina can, of course, play a mediating role. Please contact us as soon as possible if such a question or complaint has occurred. Nanny Nina is not liable for non-application or incorrect application of the "Home Services Regulation" and any consequences thereof.
The Babysitter Agreement is an agreement between Users, to which Nanny Nina is not a party. The “Home Services” Regulation applies to the relationship between a Babysitter and Parents, assuming that the Babysitter does not work for 1 family more than 3 days a week and does not work as a self-employed person. Users are personally responsible for properly reviewing and complying with this scheme. Articles 7.8, 10 and 11 between Users apply to the Babysitting Agreement.
Parents will independently give instructions to the Babysitter regarding the performance of the Babysitting service. The Babysitter performs the Babysitting service at its own discretion. Nanny Nina does not interfere in any way with the performance of the Babysitting Services.
ESTABLISHMENT AND CANCELLATION OF A BABYSITTING AGREEMENT
A Babysitter Agreement is established when a babysitter request is accepted on or via the Platform for a flexible or permanent babysitter appointment.
In the event of direct mediation by Nanny Nina, the Parent who is looking for a Babysitting Service will be offered one or more Babysitter candidates who are considered suitable Babysitters by Nanny Nina.
Parents can cancel a Babysitting Service free of charge, but preferably do so at least 4 hours in advance
Babysitters can only cancel a Babysitting Service in very exceptional cases (eg in the event of illness) and inform Parents and Nanny Nina at least 4 hours in advance, so that Nanny Nina can make an effort, but is not obliged, to find a replacement Babysitter for the Parents. Nanny Nina is not liable towards Parents if a Babysitter cancels the Babysitting Service.
If a babysitter falls ill, she will first call Nanny Nina, sending text messages is not allowed. Nanny Nina then starts looking for a replacement babysitter. The sick babysitter calls (no text messages) to the parents to indicate that she cannot work and that Nanny Nina is looking for a replacement babysitter.
In the event of illness, babysitters and nannies are not paid during the first 2 days, known as “waiting days”. After that, the statutory continued payment of 6 weeks applies (70% of the wage or minimum wage)
Babysitters and parents can meet each other before the babysitting appointment, this is free of charge up to 15 minutes.
If babysitters with recurring appointment want to stop working for a family, a cancellation period of at least 30 days applies to enable the parents to arrange another solution for childcare. We will ask babysitters to pay a fine of 250 euro's if this term is not kept.
To be able to purchase Babysitting Services via the Platform, a Parent must have a Membership. A Membership is not required for a "special babysitter request". These Conditions (with the exception of Article 7) are fully applicable to a special babysitting request.
Cancellation: As a Parent, you can terminate a Membership through the Platform at the price stated on the Platform and specific membership conditions. If the membership terms and conditions deviate from these Terms and Conditions, then the membership terms and conditions take precedence.
Revocation: As a Parent, you have the right to revoke that Membership within 14 days after taking out a Membership. Withdrawal must take place within fourteen days after the conclusion of the Membership, by clearly informing Nanny Nina of the withdrawal in writing. Withdrawal is no longer possible if the implementation of a Babysitting Agreement has commenced within the withdrawal period.
Membership fee: The membership fee for a certain month is debited in the previous month from the bank account number you registered.
Change Membership fee: Nanny Nina reserves the right to adjust the Membership fee subject to a one-month period. If you cannot agree with the price change, you have the right to cancel the Membership within one month after the price change has become known on the date that the price change takes effect.
Inflation correction: Nanny Nina is entitled to increase its prices with effect from 1st January of each year by means of an inflation correction at the CBS Consumer Price Index without a Parent being entitled to cancel the Membership for that reason.
Termination: A Membership for a definite period is automatically extended unless you terminate the Membership in writing with due observance of at least one month at the end of the term. A Membership for an indefinite period (or a Membership for a definite period that has been automatically extended) can be canceled in writing with due observance of at least one month.
Cancelling a permanent Babysitter: If you have a Babysitter for fixed days in the week, a notice period of at least 30 days applies to that Babysitter, so that the Babysitter is able to find another job in time.
PAYMENT OF BABYSITTING SERVICE
The payment of the Babysitter is always done through the Platform. The allowance for a Babysitting service is made up of 3 elements:
the hourly rate of the Babysitter multiplied by the number of hours worked (rounded to whole quarters).
the transaction costs for the Platform (which were made known in advance on the Platform); and
the contribution (made known in advance on the Platform) for debtor risk. We use this amount to provide assurance to our Babysitters that they will be paid in the event that families are unable to make the payment (up to a maximum of EUR 250 per Babysitter per year), together with the "Allowance".
Parents pay Nanny Nina the Fee (i) in an incidental Babysitting service immediately after the end of that Babysitting service via the Platform (the app) and (ii) in a structural Babysitting service monthly immediately after the end of the month based on the number of hours provided by Parents to Nanny Nina.
Payment by Nanny Nina to the Babysitter of the amount based on Article 8.1 under a takes place in incidental Babysitting Services within 10 days after the end of that Babysitting Service and in a structural Babysitting Service within 10 days after the month in which that Babysitting Service took place.
LIABILITY NANNY NINA
Nanny Nina is not liable for any damage suffered by the User, for whatever reason or in whatever form, unless this damage has arisen as a result of intent or deliberate recklessness on the part of Nanny Nina. In such a case, Nanny Nina is only liable for any direct damage suffered as a result, up to a maximum of 3 times a Membership fee. Nanny Nina is never liable for indirect damage such as consequential damage, lost profit, lost savings, or damage due to loss of data or damage as a result of an unlawful act.
The right to compensation lapses if the claim has not been reported by the User to Nanny Nina within one year after it arose.
The user is liable for and indemnifies Nanny Nina, both in and out of court, of all claims from third parties, for whatever reason, with regard to compensation for damage, costs or interest, related to or arising from the Agreement or the use of the Platform. by User.
In the event of force majeure as referred to in Article 6:75 of the Dutch Civil Code on the part of Nanny Nina, it is not obliged to fulfil the obligations under the Agreement. If the force majeure situation lasts longer than 90 days, or as soon as it is clear that the force majeure situation will last longer than 90 days, or as soon as it is clear that Nanny Nina cannot continue to perform, each Party is entitled to terminate the Agreement, unabated to the other person. to be liable for damages.
INSURANCE AND LIABILITY WARNING
The Babysitter will act carefully and to the best of their ability during the execution of the Babysitting Agreement. If the damage is caused to the family (of the Parent) as a result of performing the Babysitting Service due to an attributable shortcoming of the Babysitter, then the liability is limited to three times the value of the Babysitting Service booked (the amount under Article 8.1). under (a) of the case concerned.
All nannies registered with our professional nanny agency ( gastouderbureau) are automatically insured through our collective liability insurance (deductible of EUR 125 and up to EUR 2,500,000 per claim and a maximum of EUR 5,000,000 as described in the policy conditions)
COMPENSATION IN THE EVENT OF ANY CONTACT BETWEEN USERS
A Parent is not permitted to purchase Babysitting Services of any kind from a Babysitter with whom the Parent has been in contact via the Platform or with whom the Parent has otherwise come into contact via Nanny Nina.
If the Parent acts contrary to Article 11.1, he will immediately owe Nanny Nina a fine of EUR 500 excluding VAT.
Any communication between Nanny Nina and the User can take place electronically, unless the Conditions, the Agreement or the law deviate therefrom.
The version of the communication in question stored by Nanny Nina serves as proof thereof unless the User provides proof to the contrary. Electronic communication from Nanny Nina to the User is deemed to have been received on the day of sending unless the User can provide proof to the contrary.
The user is expressly not authorized to transfer his rights and obligations under the Agreement to third parties.
Parties are obliged to maintain the confidentiality of all confidential and personal information that they have received from each other or from another source in the context of their agreement.
APPLICABLE LAW AND DISPUTES
All Agreements between Nanny Nina and User are governed by Dutch law. All disputes will be settled by the Court of Noord-Holland (location Haarlem), unless Nanny Nina prefers to submit the dispute to the competent court in the User's place of residence.