Terms and Conditions

Terms and Conditions

Application of Terms and Conditions

(a) These terms and conditions govern your use of our Service. Whenever you use our Service, your use of our Service constitutes your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you must not use our Service.

(b) Before utilising our services, we will email you our Terms & Conditions, which require your electronic acceptance. By accepting these terms, you confirm that you have read, understood, and acknowledged our service terms. A record of your acceptance will be maintained in our database as evidence of this agreement. This process is designed to prevent any misunderstandings or false claims related to our services and terms.

(c) We reserve the right to update these terms and conditions from time to time. Any updated terms and conditions will be effective upon placing the updated terms and conditions in our email correspondence via our booking database. Your continued use of our Service will constitute your agreement to be bound by the updated terms and conditions.

Scope of Service

You expressly acknowledge, by your use of our Service, that we do not provide childcare services or function, in any way, as a childcare provider. All childcare services are provided by Babysitters who are not employed or otherwise engaged by us in any way whatsoever.

Binding Agreement

You acknowledge that at the time that we send a Confirmation Email to you, you have engaged the Babysitter and a binding agreement is formed between you and the Babysitter referred to in the Confirmation Email. Cherished Cherubs acts as a facilitator between clients and Babysitters and is not liable for the actions or omissions of any Babysitter.

Bookings

All bookings must be made via our website to ensure accuracy and efficiency in the booking process. Bookings made through other channels may not be acknowledged or processed.

Upon making a booking with Cherished Cherubs Babysitting, the following procedure will be followed:

(a) Database Entry: The booking details will be entered into our secure Database.

(b) Terms & Conditions: We will email you our Terms & Conditions, which you must accept electronically prior to using our services. This ensures you have read, understood, and acknowledged our terms of service.

(c) Emergency Procedure Agreement: You will be asked to agree to the Babysitter calling 000 in an emergency.

(d) Payment Authorisation: You are required to authorise and provide credit or debit card details via a secure link for processing the booking fee.

(e) Babysitter Selection: We will search for a Babysitter from our network who matches the criteria specified in your booking.

(f) Processing Booking Fees: The relevant booking fees will be processed using the credit card information you provide.

(g) Confirmation Email: A confirmation email containing the details you provided will be sent to you and your selected Babysitter.

(h) Confirmation of Booking: Please note that your booking is not confirmed or guaranteed until the booking fee has been paid and a confirmation email has been sent by our office team.

In addition to the above steps, all clients will:

(i) Complete the Online Client Form: Click on the link in our email to complete the Online Client Form. This information will be stored in our secure database and can only be updated and amended by you to ensure that the details are correct and verified by you.

(j) Submit Online Client Form and Accept Terms: Complete and submit the Online Client Form and accept the Terms and Conditions, including your authorisation for the Babysitter to call 000 in an emergency.

(k) Record of Acceptance: Your acceptance of these Terms and Conditions will be stored in your record in our secure database.

(l) Payment Authorisation: Authorise and provide your credit or debit card details via a secure link to process the booking fee.

(m) Upon receipt of the Confirmation Email, you must click the provided link to access and complete the Online Client Form.

(n) It is your responsibility to accurately complete and submit the Online Client Form with your current details to maintain up-to-date records in our database, ensuring effective service delivery.

(o) You must review the booking details in the Confirmation Email to verify their correctness. Any discrepancies should be reported to Cherished Cherubs Babysitting immediately to ensure accurate service provision in office hours Monday to Friday 8am to 4pm.

Exclusivity of Service Agreement

(p) All bookings for babysitting services must be made directly through Cherished Cherubs Babysitting. Soliciting our Babysitters to work independently of our agency constitutes a material breach of this agreement, potentially leading to termination of our services and legal action.

Communication Protocol and Office Hours

(q) All general inquiries, amendments to your booking and non-emergency communication must be conducted during our standard office hours. Our office phone is attended to outside these hours strictly for emergencies and essential communication with our Babysitters. For this clause, an ’emergency’ is defined as any situation that poses an immediate risk to health, life, property, or environment requiring urgent attention. Additionally, if you need to cancel your booking after hours.

Special Arrangements for Regular Clients (VIP)

In recognition of our Regular Clients or VIP who have ongoing, pre-arranged childcare needs, Cherished Cherubs Babysitting offers tailored arrangements under these specific terms, which complement our general Terms and Conditions:

(a) Pre-Arranged Booking Blocks: Regular Bookings are organised in four-weekly blocks to ensure consistency and convenience.

(b) Advance Payment of Agency Booking Fees: Agency Booking Fees for the upcoming four-week period will be charged in advance, starting from the initial booking date. A payment schedule outlining these charges will be provided for your convenience.

(c) Credit Card Authorisation and Payment Processing: Regular clients must authorise the storage of their credit card details. Booking fees for each four-week period will be automatically processed from the start date of each block without additional notice.

(d) Cancellation Policy for Regular Arrangements: These pre-arranged bookings may be cancelled at any time, provided we receive at least 24 hours notice prior to the next scheduled session.

(e) Booking Outside Regular Arrangements: Any additional booking requests outside your regular arrangement must be made through our online booking system.

(f) Amendment Policy for Regular Bookings: You are allowed one amendment per booking without incurring additional charges. However, subsequent amendments to the same booking will incur a $20 Amendment Fee per change.

(g) Direct Communication with Babysitters for Amendments: While you may directly liaise with your Babysitter for any amendments to times or days, confirming these changes with Cherished Cherubs Babysitting is crucial. This ensures clarity, avoids confusion, and guarantees accurate billing.

(h) Replacement of Babysitters: In unforeseen circumstances where a Babysitter needs to cancel, we will endeavour to provide a suitable replacement, subject to availability.

(i) Integration with General Terms and Conditions: These specific terms for Regular Clients (VIP) are to be read in conjunction with our General Terms and Conditions, which continue to apply in full.

Fees and Payments

(a) We charge a Booking Fee as specified in the schedule of fees outlined in the brochure, which is included in enquiry and booking emails, based on the number of hours for which the job has been booked.

(b) You must pay the Babysitter directly for the babysitting provided by the Babysitter directly after the completion of a job, either in cash or by electronic funds transfer as agreed between you and the Babysitter. You should be mindful that the Babysitter might not have change available in relation to cash payments.

(c) Jobs can only be booked and are charged based on minimum 60-minute increments with a three-hour minimum.

(d) If a job runs overtime, then additional time will incur additional fees payable by you to:

(i) The Babysitter at the same hourly rate that applied in relation to the original job based on the minimum 60-minute increment charge. For example, if a job runs overtime by 20 minutes, you will be charged for an additional 60 minutes; and

(e) If free parking is not available at the location at which you require the Babysitter to provide babysitting services, you must pay for the cost of the Babysitter’s parking.

(f) Booking Fee payments must be made by credit card and will incur a 2% surcharge.

(g) For all bookings, credit card details must be provided. These details will be securely stored for the purpose of processing booking fees as per these terms and conditions.

(h) If you prefer not to have your credit card details stored, you must inform us at the time of booking and arrange to provide your credit card information over the phone for each transaction.

(i) All bookings must be made via our website to ensure accuracy and efficiency in the booking process. Bookings made through other channels may not be acknowledged or processed.

Price Increases

Cherished Cherubs Babysitting reserves the right to adjust our service prices at any time. Clients booking services in advance will be charged the price prevailing at the time of booking. However, if a price increase occurs after the booking and before the service is rendered, clients will be notified of the new rates. Clients will have the option to accept the new pricing or cancel the booking without penalty. We strive to keep our prices competitive and ensure transparency in our pricing policy.

Babysitter Cancellations

(a) In the event of a Babysitter cancellation, our team will take immediate steps to find a suitable replacement within a reasonable timeframe.

(b) Replacement Guarantee Disclaimer: While we strive to accommodate all bookings, we cannot guarantee the availability of a replacement Babysitter in every instance of cancellation or non-attendance.

(c) Refund Policy for Non-replacement: If we are unable to secure a replacement Babysitter for your booking, you will be entitled to a full refund of the Booking Fee.

(d) Limitation of Liability: Cherished Cherubs Babysitting acts as a facilitator in arranging childcare services and, as such, does not accept liability for the cancellation or non-attendance of a Babysitter. Our role is to connect clients with Babysitters and does not extend to direct control over their actions.

(e) Babysitter’s Right to Terminate Service: Babysitters reserve the right to terminate a job prior to completion if they find the working conditions unsatisfactory, feel unsafe, or experience harm in any way during the course of their assignment.

Late Starts/ Early Finish

(a) For late starts by Babysitters, a threshold of 15 minutes will be considered a ‘late start’, and clients will have the options outlined.

(b) If the Babysitter arrives to the job late, you may elect to do any one of the following:

(i) Cancel the job in which case 100% of the Booking Fee will be refunded to you; or

(ii) If it can be arranged with the Babysitter, extend the finish time to accommodate the late start, in which case no refund will be provided.

(c) If you wish to end a job early, you are not entitled to a refund.

Emergency Procedures

(a) In the event of an emergency, Babysitters are instructed to follow a set emergency protocol which includes immediate communication with parents or guardians, and, if necessary, contacting emergency services.

(b) Clients are required to provide contact information and an alternative emergency contact to be used in such situations.

Your Amendments and Cancellations

(a) Notification of Cancellations: To cancel a booking, you must notify Cherished Cherubs Babysitting either by email or by sending a text message to 0417 927 525. Your cancellation will only be effective upon receipt of our response confirming the cancellation. If you do not receive a response to your text message, you are advised to call us directly to confirm the status of your cancellation.

(b) Cancellation Fees: Upon cancellation of a booking, the minimum booking fee of $30.00, which constitutes the non-refundable portion of your booking fee, will be forfeited. Any remaining balance of the booking fee will be refunded to you.

(c) Amendments to Bookings: Each booking is entitled to one free amendment. Any subsequent amendments beyond the first will incur a fee of $20.00 per amendment, plus a 2% surcharge. This amendment fee is also applicable to changes made after regular business hours.

(d) Babysitter Availability: Please note that amendments to bookings are subject to the availability of our Babysitters. While we strive to accommodate your needs, we cannot guarantee the availability of a specific Babysitter for amended bookings.

(e) Peak Season Amendment Fee: During our peak season, from November 1st to January 2nd, an amendment fee will be applicable to all changes made during this period, due to increased demand.

Family Information and Consent Forms

(a) Completing the Family Information Form and Permission Form is optional but recommended.

(b) In the event that you complete and sign a Family Information Form and/or Consent Form, you must:

(i) Ensure that the information in the form is clear, complete, and up to date; and

(ii) Provide the completed Family Information Form and/or Consent Form to the Babysitter on each occasion that the Babysitter provides childcare to your children.

(c) In the event that you do not complete a Family Information Form and/or Consent Form, you must ensure that you provide the Babysitter with clear instructions before you depart.

Your Obligations

(a) You must strictly comply with these terms and conditions.

(b) You must provide the Babysitter with a safe and clean environment in which to work, free from potential hazards, and maintain a respectful and professional demeanour towards your Babysitter. You are solely responsible for any injuries that may occur to Babysitters due to negligence or unsafe conditions in the work environment.

(c) You are encouraged to ensure all applicable insurance policies that you hold are up to date to reflect the possibility of accidental, negligent and/or malicious damage and/or theft. We are not liable for any property theft or damage, personal injury, illness, or death caused by the actions of the Babysitter.

(d) You must use your best endeavours to be available by phone for the duration of the period in which the Babysitter is providing childcare to your children, in the event of emergency or otherwise provide the Babysitter with an alternate emergency contact number.

Housekeeping

(a) Cherished Cherubs is a babysitting service, and our Babysitters will prioritise the provision of care above housekeeping.

(b) You acknowledge that:

(i) The Babysitter will not carry out any heavy-duty cleaning or heavy lifting; and

(ii) The priority of your Babysitter is the health and safety of the child first and foremost.

(iii) You are solely responsible for any injuries that the Babysitter suffers whilst undertaking housekeeping activities.

(iv) Light housekeeping tasks may include tidying up areas used by the child, washing dishes used during the service, and similar light duties. Heavy-duty cleaning or tasks that detract from childcare responsibilities are not included.

Medication Administration (Consent)

(a) If medication administration is required, you must complete and sign the Medication Authorisation Form, specifying dosage and administration details.

(b) The form must be provided to the Babysitter before the session. The Babysitter will follow the instructions as per the form.

(c) Cherished Cherubs does not supervise medication administration. Any medication administered is at your risk.

Activity Permission (Consent)

(a) If you wish for the Babysitter to take your child(ren) offsite, such as to playgrounds or swimming, you must complete and sign a Permission Form detailing the location and activities.

(b) The Babysitter reserves the right to refuse any offsite activity they deem unsafe.

(c) Cherished Cherubs is not liable for incidents occurring during offsite activities.

Incident Reporting

(a) In case of an accident or incident, the Babysitter must complete an Incident Report Form. This will detail the event and any action taken.

(b) The completed form will be shared with you promptly, and a copy will be kept by Cherished Cherubs.

Legal Relationship Between You And The Babysitter

(a) When you engage the Babysitter via our Service, you are engaging directly with the Babysitter. We do not make any warranty as to the nature of the relationship as between you and the Babysitter, in particular, whether that relationship is an employment and/or independent contractor relationship.

(b) You are responsible for understanding the terms and conditions of the relationship formed with the Babysitter on each occasion you use our Service.

(c) You are responsible for complying with all applicable laws that govern your relationship with the Babysitter.

(d) If necessary, you should obtain your own independent legal and/or tax advice in relation to your obligations that arise as a result of the use of our Service.

(e) An attempt to ask one of Cherished Cherubs Babysitters to work directly for you is a material breach of this agreement.

Data Protection And Privacy

(a) Cherished Cherubs prioritises the privacy and security of our clients’ personal and financial information. We employ advanced security measures to protect data, such as encryption and secure servers, to safeguard personal details and credit card information against unauthorised access.

(b) We adhere to strict data protection policies in compliance with relevant data privacy laws, ensuring that client information is used solely for the purpose of providing our services and not disclosed to third parties without consent.

Contact

(a) Our contact number is 0417 927 525, and our email is [email protected].

(b) Office hours are Monday to Friday 9am to 4pm.

(c) We will not provide Babysitters’ contact numbers to you.

(d) The Babysitter may provide their contact number to you at the discretion of the Babysitter.

(e) In the event that the Babysitter does not wish to provide their contact number to you, we will facilitate communication between the Babysitter and you.

(f) You must regularly check your phone whilst the Babysitter is providing childcare in case we or the Babysitter need to call you.

Ratings, Feedback And Complaints

(a) You may provide feedback or make complaints by emailing or calling us.

(b) We may contact you from time to time to ascertain whether you have any feedback regarding our Service. You can opt not to provide feedback.

Email Offers and Updates

(a) You consent to receiving special offers and updates from us in relation to our Service from time to time via email.

(b) You may unsubscribe from emails from us containing special offers and updates at any time.

Disputes

(a) You must adhere to the dispute resolution process in this clause.

(b) If aggrieved, you must submit any complaint or dispute you wish to initiate via email to [email protected]. The complaint or dispute must be outlined in detail.

(c) Once the dispute is submitted, it will be reviewed by one of our team members within 48 hours of receipt and progressed appropriately. Where a complaint is urgent, you must indicate this in the written description of the complaint so that a team member can respond as quickly as possible.

(d) Unresolved disputes may be subject to mediation or legal resolution in accordance with the governing law.

Liability For Babysitter Actions

(a) Cherished Cherubs acts as a facilitator between clients and babysitters and is not liable for the actions or omissions of any Babysitter.

Warranties

(a) Notwithstanding the fact that we use reasonable endeavours to verify information provided to us by Babysitters, we do not provide any warranty whatsoever in relation to the qualifications, skill, honesty and/or capability of any Babysitter.

(b) You engage the Babysitters directly via our Service and as such, you bear the sole responsibility for ensuring that you are satisfied with the Babysitter and their qualifications when deciding whether to use and/or to continue to use the Babysitter via our Service.

(c) You are entitled to request proof of identity and proof of Working With Children’s Check direct from the Babysitter.

Liability

(a) You use our Service entirely at your own risk.

(b) You acknowledge that we facilitate provision of childcare services only, do not in any way provide childcare services and, on that basis, is not responsible in any way for any issues associated with any childcare services that are provided via our Service.

(c) To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to our Service. To the extent that our liability cannot be excluded by law, our maximum liability is hereby limited to the total amount paid by you in relation to the job that gave rise to the liability.

(d) We do not in any way accept liability for any indirect, punitive, or consequential losses or damages that may arise as a result of your use of our Service.

(e) By using our Service, your expressly authorise us to collect and publish information in accordance with these terms and conditions and we in no way accept liability for publishing such information in accordance with these terms and conditions.

(f) You hereby agree to indemnify and keep us indemnified against any and all losses, damages, costs and/or expenses that we may suffer or incur as a result of or in connection with their use of our Service except to the extent that any such loss, damage, cost or expense is caused by us.

Definitions

In these terms and conditions, unless the context otherwise requires:

(a) Babysitter means an independent third-party childcare provider, not employed by Cherished Cherubs Babysitting;

(b) Booking Fee means the fee charged by Cherished Cherubs Babysitting to clients for the provision of the Service, which includes the arrangement and facilitation of childcare by Babysitters;

(c) CC Authority means the form authorising us to store your credit card details;

(d) Childcare means the care of children;

(e) Confirmation Email means an email sent to you confirming your booking, and attaching these terms and conditions, schedule of fees for our Service, CC Authority and Permission Form;

(f) Database means our client management database;

(g) Emergency Procedure: The protocol followed by Babysitters in response to any situation that poses an immediate risk to health, life, property, or environment, including but not limited to, contacting emergency services and immediate communication with parents or guardians;

(h) Family Information Form means the form by which you can insert details of additional information and preferences for the Babysitter to be aware of in relation to your children;

(i) Office Hours means, our office hours, being:

9:00am to 4:00pm Monday to Friday, unless fully booked.
(j) Online Client Form means the online form to be completed and submitted by you via our website, to provide your contact details and information in relation to your children’s needs.

(k) Permission Form means the form by which you can set out details of activities that your children will be permitted to engage in whilst in the care of the Babysitter;

(l) Service means facilitation, by us, of provision of childcare by independent third-party Babysitters;

(m) us means Cherished Cherubs Pty Ltd and our or we shall have a corresponding meaning; and

(n) you means any person who makes a booking for our Service from time to time and your shall have the corresponding meaning.