Parent - Terms of Service
Last edited: November 2024
This Parent Service Agreement (the "Agreement") is made by and between The Village Children Ltd (Company Number 15501215), whose registered office is at 124 City Road, London, United Kingdom, EC1V 2NX ("The Village Children Ltd," "Agency," "we," or "us") and The Parent ("Parent" or "you"). By using our service to arrange care, you agree to the following terms and conditions.
1. Introduction
1.1 The Village Children Ltd operates as an introductory agency and not an employment agency, connecting you with self-employed care providers (the “Care Providers”) who operate as independent contractors.
1.2 Acceptance of Terms: By confirming a booking through The Village Children Ltd by written confirmation or email, you agree to these terms and conditions.
1.3 Definitions: By confirming a booking through The Village Children Ltd by written confirmation or email, you agree to these terms and conditions.
- "Client" or "Parent": Refers to any person or family using The Village Children Ltd’s services.
- "Care Provider": Refers to any self-employed individual introduced by The Village Children Ltd, including nannies, babysitters, childminders, and other healthcare professionals.
1.4 Right to Modify Terms. The Village Children Ltd reserves the right to modify these terms to reflect changes in market conditions, technology, regulatory requirements, or our services. Continued use of our services after modifications indicates acceptance.
2. Bookings
2.1 Booking Requirements: To secure a Care Provider, you must confirm bookings through The Village Children Ltd at least 12 hours before the scheduled care. Required information includes:
- Full name, telephone number, and email address
- Address of care location
- Date and time for care services (start and end time)
- Details regarding the child(ren), including age, any specific care needs, and any relevant instructions
2.2 Allocation of Care Providers: After confirming a booking, The Village Children Ltd will provide the details of the allocated Care Provider. We strive to accommodate your preferences, though we cannot guarantee specific providers.
2.3 Short-Notice Bookings: The Village Children Ltd will attempt to meet short-notice booking requests; however, you acknowledge that we are not liable if we cannot secure a Care Provider.
2.4 No Pre-Meeting Option: Parents may not interview Care Providers in advance. If a pre-meeting is required, an additional booking and fee apply.
3. Payments
3.1 Payment Terms: All payments for services must be made at least 12 hours before the scheduled care. Payment will be remitted to the Care Provider on your behalf once services are completed.
3.2 Agency and Care Provider Fees: The Village Children Ltd charges a service fee for facilitating the introduction. Fees are paid in British Pounds (GBP) and are non-refundable once service is rendered.
3.3 Overtime and Adjustments: If a Care Provider is required to stay beyond the initially scheduled time, additional fees will be charged in 15-minute increments. No additional agency fee applies for extended hours.
3.4 Minimum Booking Duration: Care Providers must be booked for a minimum of 3 hours. If your booking is less than 3 hours, you will still be charged for the minimum duration. If your booking exceeds this time, you will be billed for the full booked duration, even if services conclude early.
3.5 Role as Payment Intermediary: The Village Children Ltd facilitates payments as an intermediary, remitting the full payment to the Care Provider on behalf of the Parent upon completion of services. This payment processing does not imply employment or control over the Care Provider by The Village Children Ltd.
4. Refund and Cancellation Policy
4.1 Cancellation Terms: Cancellations made more than 24 hours before the scheduled start time are eligible for a full refund.4.2 Cancellations made less than 24 hours before the start time incur a 50% cancellation fee.
4.3 Non-Allocation: If The Village Children Ltd cannot secure a Care Provider, no payment will be taken, and any pre-paid amount will be refunded.
4.4 Provider Cancellation: If a Care Provider cancels a booking, The Village Children Ltd will attempt to find a replacement promptly.
4.5 Unavailability of Replacement: In the event that a scheduled Care Provider is unable to fulfil a booking and The Village Children Ltd cannot secure a suitable replacement, The Village Children Ltd will notify the Parent as soon as possible and promptly return any payment made for that booking. The Village Children Ltd will not be held responsible for any inconvenience, loss, or damages arising from the unavailability of a Care Provider or the inability to secure a replacement.
4.6 Cancellation of recurring care: Once recurring care services have commenced, parents are required to provide a minimum of two (2) weeks' written notice to cancel the contract. The notice period will begin from the date the written notification is received. During this time, services will continue as scheduled, and any fees for the notice period will remain payable. Failure to provide the required notice may result in charges for the equivalent of two weeks of care, in lieu of notice.
5. Liability and Disclaimer
5.1 Independent Contractors: Care Providers are self-employed and not employees of The Village Children Ltd. The Village Children Ltd serves only as an intermediary, facilitating introductions and processing payments.
5.2 Efforts to Verify Credentials: The Village Children Ltd takes care to verify each Care Provider's identity and background. We conduct identity verification, interviews, and require that Care Providers possess an enhanced DBS (Disclosure and Barring Service) certificate, relevant experience, and qualifications as appropriate. However:5.2.1 You acknowledge that despite our verification efforts, fraud or misrepresentation may still occur, and The Village Children Ltd cannot be held liable for fraudulent acts, omissions, or misrepresentations made by Care Providers.5.2.2 Parents are required to ensure that Care Providers engaged through The Village hold appropriate public liability insurance. If a Care Provider does not have such insurance, the Parent agrees to assume full responsibility for any accidents, injuries, or damages that may occur in their home during the provision of services. The Village disclaims any liability arising from incidents where adequate insurance is not in place.
5.3 Liability Disclaimer: To the fullest extent permitted by law, The Village Children Ltd shall not be held liable for any damages, injury, loss, or claims arising from your use of our services or the actions or conduct of Care Providers. You acknowledge that the nature of introducing self-employed contractors inherently involves risk, which is assumed by you when engaging our services.
6. Indemnity
6.1 Indemnity Clause: You agree to indemnify, defend, and hold harmless The Village Children Ltd, its affiliates, directors, officers, employees, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:
6.1.1 Your use of The Village Children Ltd’s services or your interactions with any Care Provider introduced by The Village Children Ltd.
6.1.2 Any claims, demands, or actions brought by any third party resulting from injuries, damages, or losses incurred during the provision of care services by a Care Provider.
6.1.3 Any failure on your part to communicate essential care instructions, emergency procedures, or household rules to the Care Provider that leads to injury, loss, or liability.
6.2 Severability of Indemnity Clause: This indemnity is intended to be as comprehensive as legally permissible and shall survive the termination of this Agreement.
7. Parent Responsibilities
7.1 Safety of Environment: Parents must ensure a safe and hazard-free environment for Care Providers.
7.2 Communication of Instructions: Parents must provide all necessary care instructions, emergency procedures, and household rules to the Care Provider.
7.3 Non-Solicitation of Care Providers: Parents agree not to directly engage or contract with Care Providers introduced through The Village Children Ltd outside of The Village Children Ltd’s services. All bookings must be made through The Village Children Ltd to uphold our contractual obligations.
7.4 Confidentiality: Parents agree to maintain confidentiality regarding all information received from The Village Children Ltd, including Care Provider details.
8. Termination
8.1 Termination for Cause: The Village Children Ltd may terminate this Agreement immediately if the Care Provider breaches any terms of this Agreement, engages in misconduct, or fails to meet professional standards.
9. Emergency Protocol
9.1 Emergency Contact: Parents must provide updated emergency contact details to The Village Children Ltd and the Care Provider.
9.2 Medical Release: Parents authorise Care Providers to seek appropriate medical treatment in emergencies, accepting all related costs.
10. Our Responsibilities
10.1 Introduction Services: The Village Children Ltd carefully matches Care Providers to client needs, striving to ensure the highest standards of quality and professionalism. While we take every reasonable step to vet and recommend reliable providers, we cannot accept responsibility for the conduct or quality of care delivered.
10.2 Non-Guarantee of Availability: We endeavour to meet all booking requests; however, The Village Children Ltd is not liable for unfulfilled bookings due to availability issues.
10.3 Liability Limitations: While The Village Children Ltd conducts identity verification and background checks, we disclaim all liability for any losses, damages, or injuries that may arise from the provision of services by the Care Providers. We cannot and do not guarantee the safety, suitability, or continued availability of any Care Provider beyond the initial vetting.
11. Jurisdiction
11.1 This Agreement shall be governed by the laws of England and Wales, and both parties submit to the exclusive jurisdiction of the English courts.
Acknowledgment
By using The Village Children Ltd’s services, you acknowledge that you have read, understood, and agree to these Terms and Conditions, including The Village Children Ltd’s role as an intermediary and the limitations of liability as outlined in this Agreement.
If you have any questions about these Terms, please contact us.