Mandarin Tots Nanny Placement Fee Service Agreement
This Agreement confirms the terms and conditions whereby Mandarin Tots agrees to assist the undersigned (“Client”) whether singular or plural. Mandarin Tots' nanny placement is a domestic referral service and will make reasonable efforts according to applicable laws to refer individual(s) to provide in-home or office services to Client (“Candidate(s)”). However, Client understands and agrees that Client is responsible for making the final decision to hire or otherwise engage a Candidate. Client understands and agrees that signing up with or paying Mandarin Tots does not guarantee that Mandarin Tots will find a suitable Candidate for Client.
Fee Schedule:
To initiate a search, Client agrees to pay Mandarin Tots a non-refundable engagement fee of $250. If Client decides to pause search for more than 30 days after initiating search, Client agrees to pay the engagement fee of $250 again when restarting the search. If Client offers a Candidate a trial period, Client agrees to pay Mandarin Tots a non-refundable deposit equal to the Candidate's 1 week of pay. This deposit is credited back to Client upon hiring of the Candidate. If Client does not hire the Candidate, the deposit paid for the trial period is non-refundable and non-transferable. Client is responsible for paying the Candidate a predetermined hourly rate during the trial period. Upon Client’s hiring or other engagement of a Candidate referred by Mandarin Tots, Client agrees to pay Mandarin Tots the Placement Fee, which is 15% of the Candidate’s gross annual salary. Gross annual salary is all wages and salary paid prior to any/all deductions. Gross annual salary is calculated by weekly compensation multiplied by 52. Client agrees to pay this fee for each Candidate Client employs or engages. Mandarin Tots will bill the fee to Client upon Mandarin Tots’ confirmation of Client’s hiring or engagement of a Candidate. Client agrees to pay Mandarin Tots this fee in full after the offer of employment is accepted by the Candidate.
There are no refunds. Client understands and agrees that Mandarin Tots will not issue any refund to Client even if Mandarin Tots does not find a suitable Candidate for Client. Subject to the terms of this Agreement, in the event of a separation of employment between a Candidate and Client during the first 90 days of the Candidate’s employment with Client, Mandarin Tots agrees to refer other Candidates to the Client at no additional charge. Mandarin Tots’ obligation to provide the aforementioned replacement service is expressly conditioned on Client’s 1) satisfaction of all of its obligations under this Agreement, including but not limited to payment of all Mandarin Tots’ fees and charges in a timely manner; 2) abiding by all applicable laws; 3) not engaging in any acts of moral turpitude; and 4) not materially changing the Candidate’s job duties or compensation. Determining compliance with these conditions is in the sole and absolute discretion of Mandarin Tots. Replacement is subject to Candidates' availability and is not guaranteed.
Disclaimer/Waiver/Hold Harmless/Limitation of Liability:
Mandarin Tots assumes no liability or responsibility for, and makes no representations or warranties about any information, credentials, material, errors, omissions, services, Candidates, referrals, employees or potential employees (including but not limited to the qualifications or performance of individuals or Candidates) it provides to Client. Client understands and agrees that Client’s use of Mandarin Tots’ services is at Client’s own risk. Except as specified in this Agreement, Mandarin Tots does not provide and specifically disclaims any express or implied guarantees or warranties to Client. Additionally, Mandarin Tots does not employee or exercise control or discretion over Candidates and disclaims all responsibilities for Candidates’ conduct or omissions. By agreeing to the terms of this document, Client hereby waives and releases Mandarin Tots and its owners, heirs, agents, employees, officers, directors, attorneys, representatives and affiliated entities from all liability, including but not limited to liability arising from negligence, equipment, or the actions of any Candidates or third party (including but not limited to Candidates or anyone referred to Client by Mandarin Tots), arising under law or otherwise.
Additionally, Client shall indemnify, defend and hold Mandarin Tots and its owners, heirs, agents, employees, officers, directors, representatives, attorneys and affiliated entities harmless against any damages or liability whatsoever arising out of or in any way in connection with the interviewing, selection, employment, or association of a Candidate or other person referred to Client by Mandarin Tots, regardless of how, when or where any damages or liability was incurred. Finally, in no event shall either party to this Agreement be liable for consequential, incidental, exemplary, punitive, special or indirect damages of any kind. Further, a party’s aggregate liability for damages of any kind under this Agreement shall be limited to the amount of the referral fee received by or owed to Mandarin Tots from Client. If any waiver, exclusion or limitation of damages is not permitted by law, the parties’ liability to each other is limited to the maximum extent permitted by law.
Client Obligation of Non-Disclosure:
Client understands and agrees that all information and files of Candidates Client receives from Mandarin Tots are Mandarin Tots’ property, that the contents thereof constitute valuable and confidential information, and that such information and materials are only to be used in conjunction with Mandarin Tots’ referral services and for no other purpose. Client agrees not to disclose to anyone the names, addresses, phone numbers or any other information about any Candidate referred by Mandarin Tots. If Client provides Candidate information to another party and the other party hires the Candidate without compensating Mandarin Tots its full referral fee, Client will be responsible for paying Mandarin Tots’ full referral fee as if Mandarin Tots had placed the Candidates with a client.
Client is Candidate’s Employer:
Mandarin Tots is not a party to any agreement made between Client and Candidate. Client understands and agrees that the Candidate’s work schedule and the method, manner and means of employment, and any other terms and conditions of employment, will be determined by Client and Candidate. Mandarin Tots will not be responsible for the Candidate’s direction, supervision, control or compensation, and Mandarin Tots is not the Candidate’s employer or co-employer with Client. Rather, Client will be solely responsible for the Candidate’s direction, supervision, control and compensation, and Client understands and agrees that it is the Candidate’s employer. Client understands and agrees that it will be responsible for all employer related taxes, withholdings, obligations and requirements according to applicable law.
Miscellaneous:
This Agreement shall be governed by and interpreted according to New York Law. Any action or proceeding commenced regarding this Agreement shall be brought in New York, NY. This Agreement is entered into by Mandarin Tots and Client without reliance upon any statement, representation, promise, inducement, or agreement not expressly contained herein.
This Agreement constitutes the entire agreement between Mandarin Tots and Client and supersedes all prior oral and written agreements between Mandarin Tots and Client with respect to the subjects covered in this Agreement. This Agreement shall not be amended or modified except in a mutually agreed upon writing signed by Client and an authorized representative of Mandarin Tots.
Client represents that it has carefully read and fully understands the scope and effect of all of the provision of this Agreement; that it has had all such time that it desires within which to consider this Agreement; that it has had the opportunity to consult with an attorney of its own choosing and at its own expense to review this Agreement; and that it has availed itself of this opportunity to the extent, if any, that it wished to do so. The terms of this Agreement are severable and may be reformed. The invalidity or unenforceability of any provision within this Agreement shall not affect the application of any other provision, provided that the essential terms and conditions of this Agreement for each party remain valid, binding and enforceable. Failure or delay to exercise any right, remedy, power or privilege under this Agreement shall not operate as a waiver of any other right, remedy, power or privilege. Neither party to this Agreement shall assign or transfer this Agreement or any interest herein without the prior written consent of the other party.
Client understands and agrees that Client’s hiring or other engagement of a Candidate referred by Mandarin Tots will constitute Client’s acceptance of the terms and conditions of this Agreement even if Client does not return this executed Agreement to Mandarin Tots.
The parties to this Agreement hereby certify, represent and warrant that they have carefully read this Agreement, that they fully understand its final and binding effect, and that they agree to all of its terms and conditions.