Southern Sitters & Nannies Terms and Use

1. Parties.

The “Southern Sitters & Nannies Terms & Conditions” herein is an agreement between the “Company”, Southern Sitters & Nannies, a referral Agency in the State of Georgia, and either the Nanny or Babysitter, or the “Family”; who may be referred to collectively as “websites members” or individually as a “member”. The “Nanny or “Babysitter” is anyone who makes themselves available for a short term or long term babysitting arrangement. The “Family” is anyone who seeks or reserves a Nanny or Babysitter.

2. Services to Be Performed.

The Company provides a web based system where qualified individuals desiring to provide Nanny or Babysitter or babysitting services are matched with Families who desire such services. The Company’s websites, www.thesouthernsitters.com or www.atlantananny.net shall be the main vehicles for the Company’s service. The Company’s websites will allow a Family to search for and identify a Nanny or Babysitter with desired qualifications. The Company reserves the right to conduct business through verbal and written communication in addition to the websites. The Nanny or Babysitter is not an employee of the Company and as such, the Company cannot be responsible for actions of the Nanny or Babysitter. Nannies hired by Families are Employees of the Family. As an Employer, the Family is responsible for all Employer obligations under Georgia State Law. The Company does not guarantee the representations made by the Nanny or Babysitter or Family, but will use reasonable care in checking references provided by any websites members.

3. Qualification Process.

  1. The Company will require each Member to register on its websites.
  2. The Nanny or Babysitter or Family is required to provide certain personal and background information. The Member agrees that this information is true and accurate.
  3. The Company will interview the Member. Any adult member of a Family may be interviewed for the Family.
  4. The Company will check background references of the Nanny or Babysitter, including work history and personal references. A national background check will be performed along with a sex offender registry check for babysitters and nannies will also complete a driving record check through Verified Credentials.
  5. The Company reserves the right to approve or reject any application for registration.
  6. The Company reserves the right to disclose information obtained in the Nanny or Babysitter’s background check to a Family.
  7. Once a placement is confirmed the Nanny or Babysitter profile will be made available to the client.

4. Websites Membership.

The Company will respect each Member’s preferences and requested qualifications when making referrals. Each Member agrees to keep an updated online profile. A Nanny or Babysitter will provide current information regarding his/her schedule of availability, and other information required by the sites. Websites Members agree not to share his/her username or password with any other individual. All Members shall respect each other and agree to only share private information about other members with appropriate professionals. Each member agrees to notify the Company should any of the above fail to occur.

5. Job Requests.

It is anticipated by Company that Nanny or Babysitter will be selected by Family based on Nanny or Babysitter’s qualifications, terms and availability. When the Family selects a Nanny or Babysitter, the Company will notify the Nanny or Babysitter either directly or electronically through its websites. The Nanny or Babysitter agrees to confirm acceptance of each job request provided that the job meets the Nanny or Babysitter’s terms and availability as stated on the Nanny or Babysitter’s profile. The Nanny or Babysitter agrees to immediately notify the Company’s Manager should the Nanny or Babysitter be unable to honor a job request. The Company reserves the right to terminate the Nanny or Babysitter’s Membership in the Company’s service should the Nanny or Babysitter fail to perform a job request that the Nanny or Babysitter had confirmed with the Company and the Family.

6. Cancellations.

If the Family cancels a confirmed booking 24 hours in advanced of the scheduled booking, the Company will refund the booking in full. If a Family cancels a confirmed booking less than 24 hours in advance of a scheduled booking, there is no refund. When the Family makes a cancellation, the Company will notify the Nanny or Babysitter immediately. Should a Nanny or Babysitter need to cancel a job, he or she agrees to notify the Company immediately. The Company will contact the Family to coordinate identifying another Nanny or Babysitter. If a babysitter cancels a confirmed booking, Southern Sitters & Nannies will make its best effort to fulfill that booking with a babysitter acceptable to the family. When a Nanny or Babysitter cancels, the Company will notify the Family of the cancellation and keep the Family apprised as the Company makes its best effort to find a suitable replacement.

7. Working Conditions.

The Family and the Nanny or Babysitter have the right to feel comfortable with working conditions. The Family and Nanny or Babysitter should provide written expectations and rules up-front. The Family and Nanny or Babysitter should make an agreement on how to handle a situation that the other is not comfortable with.

8. Time for Performance.

The Company will coordinate confirmation of booking electronically. A Nanny or Babysitter will arrive at the time and place that a Family has booked him/her. The Nanny or Babysitter will be available for babysitting services for the period of time that the family has reserved. The Nanny or Babysitter shall be prepared to work for the length of time that the Family has booked them for. Should the Family need more or less time, they are to check with the Nanny or Babysitter in advance.

9. Fees, Rates, Invoices & Payment.

The Family shall compensate the Nanny or Babysitter directly and not through the Company. The Company makes no representations as to any and all tax reporting. Such reporting shall be the responsibility of the Nanny or Babysitter or Family. All services to be performed by the Nanny or Babysitter shall be agreed upon by the Nanny or Babysitter and Family at the beginning of each transaction. The Family shall pay a fee directly to Company for its service, based on the schedule published on the websites. The Company shall issue an electronic notification when a job is confirmed. For one-time bookings, the Company will charge the Family’s credit card once a job is confirmed by a Nanny or Babysitter, and require payment before the appointment takes place.

10. Satisfaction Guarantee.

Southern Sitters & Nannies makes no guarantee or promise that it can place a Nanny or Babysitter for any specific requested date or time. Nanny or Babysitter availability is subject to each Nanny or Babysitter’s schedule.

11. Refunds.

If Southern Sitters & Nannies is unable to find a replacement for confirmed job cancelled by a babysitter, Southern Sitters & Nannies will issue a full refund to the credit card used by the Family for that booking.

12. Obligations of the Company.

The Company agrees to:

  1. Make its best effort to match Nannies with Families’ needs as requested.
  2. The Company will respect each Member’s preferences and requested qualifications when making referrals.
  3. Make its best effort to screen each Family and Nanny or Babysitter as defined in Section 3 before granting active membership.
  4. Protect the information of the Members for the Company’s business purposes only.
  5. Share Profiles only when a Nanny or Babysitter has been selected for a specific job.

13. Obligations of the Family.

The Family agrees to:

  1. Keep an updated profile.
  2. Honor the scheduled times they have reserved a Nanny or Babysitter. Should the Family need more or less time, they are to check with the Nanny or Babysitter in advance and pay them accordingly.
  3. Not to share his/her username or password with any other party.
  4. Respect other members and only share private information about other members with appropriate professionals.
  5. Document Rules and Expectations and share these up-front with the Nanny or Babysitter.
  6. Not proceed with a job if the Family feels uncomfortable about a person or situation. Furthermore, the Family shall notify the Company of any such occurrence.
  7. Pay the Nanny or Babysitter in a timely manner.
  8. Abide by the employment Laws of Georgia.
  9. Indemnify, release and hold harmless The Southern Sitters LLC, its agents, employees and officers for any and all claims relating to services provided by Nannies.

14. Obligations of the Nanny or Babysitter.

The Nanny or Babysitter agrees to:

  1. Keep an updated online profile, including current information regarding his/her schedule of availability.
  2. Communicate effectively to facilitate confirmation of a job.
  3. Review the Family profile before arriving.
  4. Arrive at the time and place where the Family has requested them.
  5. Accommodate and respect the requests of the Family.
  6. Check with the Parents before making any decisions they question.
  7. Be prepared to work for the length of time that the Family has booked.
  8. Respect other members and only share private information about other members with appropriate professionals.
  9. Not proceed with a job if the Nanny or Babysitter feels uncomfortable about a person or situation. Furthermore, the Nanny or Babysitter shall notify the Company of any such occurrence.
  10. Notify the Company if a Family requests to reserve the Nanny or Babysitter for a job without going through the Company.
  11. Notify the Company immediately of a cancellation.
  12. Abide by the employment Laws of Georgia.
  13. Agree to the guidelines on the Babysitter Commitment Form.

15. Authorization to Release Information.

By accepting this agreement, I authorize Southern Sitters & Nannies, to obtain information about me from my previous employers, schools, references and credit sources. I authorize my previous employers, schools that I have attended, and references and credit sources to disclose such information about me as Southern Sitters & Nannies, may request. I authorize my previous employers to candidly disclose to Southern Sitters & Nannies, all facts and opinions concerning my work performance, cooperativeness, and ability to get along well with others.

16. Disclosure of Personal Information.

The Company is required by law to keep a file for every member of its service. The Company will protect information deemed private or personal and shall only be disclosed for official business purposes. The Company’s websites distinguishes two types of Members: Family and Nanny or Babysitter. The Company will require each Member to provide information about himself / herself. The company classifies this information in three levels: Public, Private and Confidential. Public information of a Nanny or Babysitter will be available to all Members of the Company’s websites. Public information of a Family will be made available to a Nanny or Babysitter only when the Family has selected that Nanny or Babysitter for a job. Private information will only be available to the Company and the Member to which it pertains. Confidential information will be securely saved for business records. For a list of specific information that the Company will collect from its Members, contact the Company. As a Family head, I authorize Southern Sitters & Nannies, to candidly share information stated in my Family profile with a Nanny or Babysitter secured by my Family for a specific job. As a Nanny or Babysitter, I authorize Southern Sitters & Nannies, to candidly disclose to prospective Employers all facts and opinions concerning my work performance.

17. Privacy.

Southern Sitters & Nannies respects the privacy of its members and will do all that is commercially reasonable to protect your private information in accordance with all applicable laws and with the privacy policy outlined on our websites. We will, of course, share your contact information with other members of your group in order that they may contact you to exchange babysitting services.

18. Disclaimer of Warranties.

To the fullest extent permitted at law, Southern Sitters & Nannies, is providing this web sites and its contents on an “as is” basis and makes no representations or warranties of any kind with respect to this web sites or its contents including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Southern Sitters & Nannies does not represent or warrant that the information accessible via these web sites is accurate, complete or current. Price and availability information is subject to change without notice.

19. Limitation of Liability.

Except as specifically stated on the websites, to the fullest extent permitted at law, neither Southern Sitters & Nannies, nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of these web sites. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. The Company shall not be liable for any loss or damage, whether in contract, tort or otherwise in connection with the use by any legal identity of this web sites. Southern Sitters & Nannies accepts no liability for any non-availability, inaccuracies, defects, loss of data, or any financial or other losses resulting from the use of the content or failure (or part failure) of the content to be suitable for the purposes for which it is required. The Company disclaims any liability which might arise as a result of these websites being used for any unauthorized material and any such person hereby indemnifies Southern Sitters & Nannies against any loss or expenses suffered by them as a result of their actions or omissions. The Company has no responsibility for personal or psychiatric injury, dishes, upset or trauma, loss damage resulting from your use of Southernsittersnannies.com or the Company’s service.

20. Limitations of Liability & Remedies.

SOUTHERN SITTERS & NANNIES IS A REFERRAL AGENCY AND NOT AN EMPLOYMENT AGENCY. SOUTHERN SITTERS & NANNIES ALLOWS MEMBERS TO EXCHANGE BABYSITTING SERVICES WITH INDIVIDUALS YOU TRUST. BY AGREEING TO USE THIS SERVICE AND BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO USE THE SERVICE ONLY FOR SUCH PURPOSE. YOU AGREE THAT SOUTHERN SITTERS & NANNIES (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SHAREHOLDERS) WILL HAVE ABSOLUTELY NO RESPONSIBILITY TO YOU OR TO ANYONE ELSE FOR THE ACTS OR OMISSIONS OF THE INDIVIDUALS YOU ALLOW TO PERFORM BABYSITTING SERVICES. SOUTHERN SITTERS & NANNIES (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SHAREHOLDERS) WILL NOT BE LIABLE FOR ANY LOSS THAT MAY BE SUFFERED BY YOU OR BY ANY THIRD PARTY AS A RESULT OF THE ACTS OR OMISSIONS OF THE INDIVIDUAL PROVIDING THE BABYSITTING SERVICES. YOU AGREE TO INDEMNIFY SOUTHERN SITTERS & NANNIES FOR ANY CLAIM BROUGHT BY A THIRD PARTY AS A RESULT OF YOUR USE OF THE COMPANY’S WEBSITES. YOUR USE OF THE SITES IS ENTIRELY AT YOUR SOLE RISK. SOUTHERN SITTERS & NANNIES, AND SOUTHERN SITTERS & NANNIES’ DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS OR AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS THAT YOU OR THIRD PARTIES MAY SUFFER (INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER FROM USE OF THE SITES OR VIRUSES), OR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE COMPANY’S WEBSITES OR NONPERFORMANCE OF THE SITES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUES, BUSINESS INTERRUPTION OR OTHER SPECIAL DAMAGES EVEN IF SOUTHERN SITTERS & NANNIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

21. Third Party Content and Monitoring.

Southern Sitters & Nannies is not responsible for, and shall have no liability with respect to, the content of third party web sites that are linked to or from the sites. Southern Sitters & Nannies is not responsible for the user generated content on the sites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by other users of Southern Sitters & Nannies, web sites(s), are those of the respective author(s) or distributor(s) of that information and not of Southern Sitters & Nannies. Southern Sitters & Nannies neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the web sites(s) by anyone other than authorized Southern Sitters & Nannies spokespersons while acting in their official capacities. Southern Sitters & Nannies has the right, but not the obligation, to monitor and review the content on the web sites(s) and your account to determine compliance with these Terms and any other operating rules established by Southern Sitters & Nannies, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that Southern Sitters & Nannies is not obliged to monitor content for accuracy or reliability.

22. Partners and Advertisers.

Your correspondence or business dealings with, participation, in promotions of, or purchase of goods and/or services from Southern Sitters & Nannies, partners, advertisers or sponsors found on or through Southern Sitters & Nannies web sites(s), including delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). You agree that Southern Sitters & Nannies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such partners, advertisers or sponsors on Southern Sitters & Nannies web sites(s).

23. Links to Other Sites.

Southern Sitters & Nannies assumes no responsibility for the contents of any other web sites to which Southern Sitters & Nannies web sites(s) has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of, or reliance on, any content, goods or services available on such hyperlinked sites. Southern Sitters & Nannies may not have control of such web sites. The inclusion of any hyperlinks to such other web sites does not mean that Southern Sitters & Nannies endorses the material on such web sites or has any association with the owner(s) thereof.

24. Your Account Security.

You are solely responsible for maintaining the confidentiality of your username and password, and the activities that occur under your username and password. You agree to immediately notify Southern Sitters & Nannies, of any unauthorized use of your username and password, or any other breach in security. Southern Sitters & Nannies cannot and will not be liable for any loss or damage arising from your failure to adequately safeguard your username and/or password, or to otherwise comply with this section.

25. Termination.

You agree that Southern Sitters & Nannies, in its sole discretion, may terminate your password, account (or any part thereof) or use of the web sites(s), and remove and discard any information posted by you on the web sites(s), for any reason, including, without limitation, if Southern Sitters & Nannies, believes that you have violated or acted inconsistently with the letter or spirit this Agreement. You agree that Southern Sitters & Nannies, may terminate your access to the web sites(s) without prior notice, and they acknowledge and agree that Southern Sitters & Nannies may immediately deactivate or delete their account and all related information and files in your account and/or bar any further access to such files or the web sites. Further, you agree that Southern Sitters & Nannies shall not be liable to you or any third party for any termination of your access to the web sites. You may discontinue your participation in and access to the web sites(s) at any time.

26. Non-Compete.

For Family.

As a Member, I will not:

  1. Solicit or attempt to solicit any business or trade from the Company’s actual or prospective customers or clients.
  2. Divert or attempt to divert business away from the Company, or encourage any independent contractor or consultant to end a relationship with the Company.
  3. Refer any Nanny or Babysitter-Member to a third party or vice-a-versa.

Right to an Injunction.

I acknowledge and agree that if I breach or threaten to breach any of the terms of this agreement, the Company will sustain irreparable harm and will be entitled to obtain an injunction to stop any breach or threatened breach of this agreement.

Reasonableness.

I acknowledge that the restrictions in this agreement are reasonable and necessary for the protection of the Company. Survivability. This agreement will survive the termination, for any reason, of my status of Member with the Company.

Penalty.

The Family will pay the Company a penalty fee of $1500.00, the full time nanny placement fee should the family not comply with the non-compete policy.

For Nanny or Babysitter.

As a Member, I will not accept a Nanny or Babysitter or Babysitter job from a Client of the Company without using the Company. I understand that the Company may terminate my Membership from the Company’s service should I attempt to take away business from the Company. Furthermore, I agree to notify the Company within 24 hours should any Client attempt to obtain me for a job without going through the Company.

27. Disputes.

If a dispute arises, the parties will try in good faith to settle it through mediation. The mediator will be chosen by the Company. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, either party may take the matter to court. If either party brings a legal action arising out of a dispute over this agreement, the losing party will reimburse the prevailing party for all reasonable costs and attorneys’ fees incurred by the prevailing party in the lawsuit.

28. Entire Agreement.

This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.

29. Successors and Assignees.

This agreement binds and benefits the heirs, successors, and assignees of the parties.

30. Notices.

All notices must be in writing. A notice may be delivered to a party at the address that follows a party’s signature or to a new address that a party designates in writing. A notice may be delivered:

  1. in person
  2. by certified mail, or
  3. by overnight courier.

31. Governing Law.

This agreement will be governed by and construed in accordance with the laws of the state of Georgia.

32. Counterparts.

This agreement may be signed by the parties in different counterparts and the signature pages combined will create a document binding on all parties.

33. Modification.

This agreement may be modified only by a written agreement signed by all the parties.

34. Waiver.

If one party waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this agreement, that party retains the right to enforce that term or provision at a later time.

35. Severability.

If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and such provision shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable.

ent necessary to render it valid and enforceable.