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Parent Terms & Conditions

Terms and Conditions

DEFINITIONS

Booking Fee” means the relevant booking fee to be paid by the Client to Like Minders as set out on the Web Site and in Schedule 1 of these terms and conditions;

Childcare Services” means the service provided by the Childc carer on the terms agreed between the Client and the Child carer;

Childcare Fee” means the relevant fee to be paid by the Client to the Child carer in cash or by cheque on conclusion of the Childcare Services as set out on the Web Site and in Schedule 1 of these terms and conditions;

Client” means an individual to whom the Child carer is introduced by Like Minders and for whom the Childcare Services are provided;

Engagement” means the together the Introduction and the Childcare Services; ;

Fees” means together the Membership Fee, the Booking Fee and the Childcare Fee;

Introduction” means the introduction of the Child carer to the Client by Like Minders;

Like Minders” means Like Minders Limited a company registered in England and Wales with company number 7046199;

Membership Fee” means a monthly membership fee of £12.00 to be paid by the Client by debit or credit card to Like Minders as more fully described on the Web Site and in Schedule 1 of these terms and conditions;

Child carer” means the person introduced by Like Minders to the Client for the provision of Childcare Services;

Notice” means a written notice in the form to be decided by Like Minders and which is deemed received by the Client on publication of such notice on the Website;

Web Site” means http://www.likeminders.co.uk.

Online Booking System” means Like Minders online booking system

“Online Database” means Like Minders online database

Please note that by using our services and our Like Minder Childcarers you automatically agree to the Terms and Conditions as stated below.

1. INTRODUCTION

1.1 Like Minders will only undertake business on the following terms and conditions which are legally binding on all contracting parties.

1.2 Like Minders acts an introduction agent only and does not employ the Child carers.

1.3 The Child carers are under the supervision, direction and control of the Client at all times.

1.4 Like Minders is not liable for any loss, injury, accident, claim, cost, charge, expense, action or demand whatsoever in any jurisdiction arising from or in any way connected with the Introduction, subsequent Engagements and/or the provision of the Childcare Services.

1.5 The definitions shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall be include the corresponding masculine, feminine and neuter forms.

2. PAYMENT TERMS

2.1 Payment to Like Minders

(A) Monthly Membership Fee

(1) The Client agrees to pay the Monthly Membership Fee by debit or credit card for a minimum of three months.

(2) The Membership Fee will be charged to your nominated debit or credit card in advance once a month starting from the first day of membership

(3) The Membership Fee will be processed through Sage online payment processing monthly

(4) The Membership Fee may be cancelled by giving one month’s written notice to Like Minders (whether by email or post) (“Cancellation Notice“).

(5) The Cancellation Notice is deemed received only when Like Minders acknowledges receipt of the Cancellation Notice.

(6) If the Cancellation Notice is received seven days or more since the last membership payment, one more membership payment will be taken before all payments are cancelled.

(7) If the Cancellation Notice is received within seven days of the last membership payment, no more membership payments will be taken.

(8) Like Minders may acknowledge receipt of the Cancellation Notice by email, fax or post.

(9) Until such time as Like Minders acknowledges receipt of the Cancellation Notice and confirms the date at which the one month cancellation notice period ends, the Client will continue to pay the Membership Fee.

(B) Booking Fee

(1) The Client agrees to pay the relevant Booking Fee to Like Minders pursuant to the payments terms more fully described in Schedule 1.

(2) The applicable Booking Fees will charged to your nominated debit or credit card every time a booking is made.

(3) The Booking Fee will be processed through Sage online payment processing

(4) If an agreement is reached where a Child carer is taken on in a permanent position (both part time and full time) by a family, the agency charges a finding fee equivalent of five weeks of the Minder’s salary

2.2 Payment to Child carer

(A) The Childcare Fee shall be agreed between the Client and Like Minders prior to the provision of Childcare Services pursuant to the payments terms in Schedule 1.

(B) The Client agrees to pay the relevant Childcare Fee directly to the Child carer on conclusion of the Childcare Services either in cash or by cheque.

(C) If requested by the Client and upon payment of the Childcare Fee, the Child carer will issue the Client a receipt of payment which is to be counter-signed by the Client. A blank pro forma receipt is available on the website for both Clients and Child carer.

(D) If the client cancels the booking within an hour of the start time, or when the child carer arrives at the location a minimum of 50% of the 4 hour minimum booking rate should be paid to the child carer in compensation for their travel/time.

2.3 Alteration of Payment Terms

(A) Like Minders reserves the right to increase the Fees and to alter the terms on which the Fees are paid at its sole discretion.

(B) Like Minders will give two weeks notice of  any increase of the Fees.

3. CONFIDENTIALITY

3.1 Each party undertakes to the other to treat as confidential all information in any medium or format (whether marked “confidential” or not) which that party (the “Recipient”) receives from the other (the “Disclosing Party”) (“Confidential Information”).

3.2 The Recipient may disclose Confidential Information of the Disclosing Party where required to do so by law or by any competent regulatory authority. In these circumstances the Recipient shall give the Disclosing Party prompt advance written notice of the disclosure (where lawful and reasonably practical to do so) so that the Disclosing Party has sufficient opportunity (where reasonably possible) to prevent or control the manner of disclosure by appropriate legal means.

3.3 Like Minders may disclose the Client’s personal information to third parties (including but not limited to):

(A) in the event that Like Minders sells or buys any business or assets, in which case Like Minders may disclose the Client’s personal data to the prospective seller or buyer of such business or assets;

(B) if Like Minders or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Clients will be one of the transferred assets; and

(C) If Like Minders is under a duty to disclose or share Like Minders personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions and other agreements; or to protect the rights, property, or safety of Like Minders, their Child carers, its Clients or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

4. LIABILITY

4.1 Like Minders interviews each and every Child carer and reviews at least two references submitted to it by the Child carer.

4.2 The Client acknowledges that the decision to employ a Child carer is the sole responsibility of the Client and Like Minders gives no warranty, representation or undertaking as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Child carer nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Child carer.

4.3 The Client acknowledges the risks inherent in participating in a childcare introduction service and hereby waives all rights to any claim for damages from, and relieve, release, and forever discharge from any claim for damages, any and all of Like Minders and any person involved in creating, producing or distributing the Like Minders service or information pertaining to the Like Minders service.

4.4 Like Minders does not accept any liability whatsoever for the misrepresentation, loss, damage, injury, death delay, claims or expense of any description arising out of an Introduction made by Like Minders.

4.5 To the extent permitted by law, Like Minders will not be liable for any direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or the services provided by Like Minders.

4.6 The Client agrees to indemnify and hold Like Minders harmless from and against any breach by you of these terms and conditions and any claim or demand brought against Like Minders by any third party arising out of the Client’s use of the Web Site and the services provided by Like Minders, including without limitation all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Like Minders in consequence of the Client’s breach of these terms and conditions.

4.7 In no circumstances shall Like Minders’ total liability to the Client, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the Fees paid by the Client.

4.8 The Client should ensure that they have adequate Employer’s Liability.

5. REFUNDS AND REPLACEMENTS

5.1 In the event that the Child carer cancels a reserved Engagement, Like Minders undertakes to use reasonable efforts to find a replacement Child carer as soon as reasonably practicable.

5.2 If Like Minders is unable to find a suitable replacement it will refund the Booking Fee.

6. TERMINATION

6.1 The client may cancel the Membership Fee pursuant to clause 2.1(A)

6.2 Like Minders can terminate this agreement at any time, without notice, for any reason, including, without limitation, breach of these terms conditions. Like Minders may also at any time discontinue the Web Site or any part thereof and the provision of its services without prior notice and shall not be liable to the Client or any third party for any losses arising from such termination.

6.3 All Introductions and subsequent Engagements must be made by Like Minders and all concomitant Booking Fees are consequently payable by the Client to Like Minders pursuant to clause 2.1(B)above.

6.4 The Client acknowledges and undertakes that it will arrange Engagements solely through Like Minders and pay all concomitant Fees. The Client undertakes not to arrange Childcare Services directly with the Child carer.

6.5 Should Like Minders have grounds to believe that the Client and the Child carer have arranged for the provision of Childcare Services to the exclusion of Like Minders and/or failed to pay the relevant Fee Like Minders reserves the right to:

(A) seek payment in arrears from the Client of any unpaid Fees;

(B) terminate this agreement; and/or

(C) remove the Child carer from its database.

7. ENTIRE AGREEMENT

The Parties confirm that these terms and conditions represent the entire understanding and constitute the whole agreement of the parties in relation to its subject matter and supersedes any previous agreement between the parties with respect to such subject matter.

8. GOVERNING LAW

8.1 These terms and conditions will be governed by and construed in accordance with English law.

8.2 Each party irrevocably agrees that the Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these terms and conditions and any matter arising from them.

 

SCHEDULE 1

Payment to the child carers

£7.50 per hour (evening) £8.50 per hour (daytime before 6pm)

Payment to Like Minders

Membership Fee is £12 per month (a minimum of 3 months required)

Booking Fees paid to Like Minders

£4 per booking for Evening and Daytime Babysitting for members

£6 per booking for last minute bookings (within 12 hours)

£22 per booking for non members (£25 for last minute bookings)

20% of Child carer’s fees for Temporary/Holiday Nannies for members, 25% for non members

If an agreement is reached where a Child carer is taken on in a permanent position by a family, the agency charges a finding fee of the equivalent of five weeks of the Child carer’s salary.

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