Article 1. Definitions
In these terms, the definitions listed below bear the following meanings:
- a. SitterFacilities: Private company under holding with limited liability Heegstra Holding BV, established at 1054 HA, Amsterdam holding office at the Overtoom. Heegstra Holding registered at the Chamber of Commerce under number 61655759. SitterFacilities BV registered at the Chamber of Commerce under number 61,659,045.
b. Babysitter: The person who has registered on Sitterfacilities.nl or is recruited and selected by SitterFacilities and has been found both suitable and willing to perform, for a fee, babysitter, homework and / or care operations.
c. Event Sitter: The babysitter found suitable by SitterFacilities who can be booked for events like a wedding or a birthday. The Event Sitter could also provide support in setting up a children’s party.
d. Education Sitter: The homework tutor found suitable by SitterFacilities that supports children in primary and secondary education.
e. Family Sitter: The babysitter found suitable by SitterFacilities who takes care of the family and conducted in consultation light household duties.
f. Adhoc Sitter: The babysitter found suitable by SitterFacilities for emergencies who can start (almost) immediately. The babysitter has had the same extensive screening and is available for emergency requests or one-off jobs.
g. Buddy Sitter: The buddy found suitable by SitterFacilities who accompanies seniors for companionship, but not for nursing tasks.
h. Applicant: The person who registered themselves either on the phone or on SitterFacilities.nl and uses the services of service SitterFacilities.
i. parents(s): Natural person, parent / custodian.
j. Meet & Greet: The moment of acquaintance between the babysitter / buddysitter and the parent(s).
k. Match: A link made by the babysitter and parent / client through SitterFacilities.nl between the caregiver / client and the babysitter.
l. Client: The person who subscribed either over the phone or on SitterFacilities.nl to use the services of SitterFacilities.
m. Matcher: The person who does the mediation between the parent / client and babysitter / buddy.
n. Mediation: A relationship brought about by SitterFacilities between an applicant, parent and / or client and a Sitter for the purpose of care and supervision of one or more children or client. The parents(s), applicant and / or client have an agreement of assignment with both the Sitter and SitterFacilities. A mediation is realized at the time that this agreement is concluded and signed.
o. SitterFacilities.nl: website SitterFacilities.
p. Content: all information brought on by SitterFacilities on SitterFacilities.nl including, but not limited to text, photos and videos and all information posted by a Sitter on SitterFacilities, including, but not limited to personal information, photos, text, and feedback.
q. Agreement: SitterFacilities, for starters, uses the following agreements:
The agreement of assignment: closed between SitterFacilities, Easystaff and sitter. The Mediation Agreement: closed between SitterFacilities and the parents(s), client and/or applicant. The mediation agreement: closed between SitterFacilities and de Sitter.
Article 2. Applicability
- 1. These terms and conditions apply to the legal relationship between SitterFacilities and the parent(s) or applicant and client, as well as the legal relationship between SitterFacilities and the babysitter, homework tutor and / or buddy. This includes in any case all offers and proposals made by SitterFacilities to a babysitter, homework tutor, buddy and / or family or client, as well as any negotiated agreements.
2. These conditions also apply to agreements with SitterFacilities for which SitterFacilities involves third parties for the execution of the agreement.
3. These general conditions are also written for the employees of SitterFacilities and its management.
4. The applicability of any general conditions proprietary to the sitter, buddy and tutor, or the family or the client / applicant or a third party is explicitly rejected.
5. If one or more provisions of these Terms and Conditions at any time are wholly or partially invalid or void, then the remainder of these Terms and Conditions will remain fully applicable. SitterFacilities and the other party will then consult in order to agree new provisions to replace the invalid provisions, as much as possible the purpose and intent of the original provisions are observed.
6. If uncertainty exists regarding the interpretation of any provision of these Terms and Conditions, you should find the explanation to the spirit of these provisions.
7. If between parties, a situation arises that is not covered in this agreement, then this situation should be assessed in the spirit of these Terms and Conditions.
8. If SitterFacilities does not require strict compliance with these Terms and Conditions, this does not mean that its provisions do not apply, or that SitterFacilities in any degree would lose the right to otherwise demand strict compliance with the provisions of these Terms and Conditions .
Article 3. Objectives
Article 4. Obligations of SitterFacilities
- 1. Facilities Sitter has an obligation to establish mediations.
2. SitterFacilities acts as an intermediary between parent(s), clients and babysitter, buddy, homework tutor; it is not responsible for the execution of the contract for services which is concluded directly between parent(s) and nanny. SitterFacilities will monitor to its best ability the compliance of the nanny to the educational policy. She will guide the parent(s) and babysitter, buddy, and homework tutors on practical and pedagogical level and evaluate the care within the frameworks established by law.
3. The babysitter, homework tutor and / or buddy are selected, or if the parents already selected the baby-sitter, buddy, homework tutor themselves, be paired, by the matcher of SitterFacilities through an intake and an appointment whereby the contract of assignment is signed at the home of the parent(s) in question. The agency employee applies the selection criteria as mentioned in the educational policy.
4. The matchers of SitterFacilities hold quarterly evaluations with parents, clients, babysitting, buddy and homework supervisors after the contract is started.
Article 5. Service
- 1. All work carried out by the nanny, buddy and / or homework tutor should be performed to his or her best knowledge and ability based on the requirements of good workmanship.
2. SitterFacilities mediates the formation of the contract between the parents, clients and the babysitter, homework companion and buddy. After the parent(s), clients and the babysitter, homework tutor, buddy made agreements about the care, supervision of the child / children / senior / seniors, SitterFacilities supports the parents, clients, babysitting, buddy and homework supervisors in implementing the care and any problems.
3. The parent / client is entitled in the first month of the assignment agreement, to a replacement babysitter, buddy, companion, if the babysitter, buddy, companion cancels. The cost of the VOG (certificate of conduct) will be re-charged, these costs are for the nanny, sitter, buddy, homework tutor.
4. All babysitter, homework tutor, buddy work according to the ‘regeling dienstverlening aan huis’.
5. Every babysitter, tutor, buddy is entitled to paid vacation, four times the (average) number of hours worked per week, in accordance with the provisions of the ‘regeling dienstverlening aan huis’. These holiday hours are charged by SitterFacilities to the parents, clients. The babysitter, tutor, buddy only takes vacation in consultation with SitterFacilities and the client. Easystaff handles the remuneration of the sitters.
6. Every babysitter, tutor, buddy is entitled to a holiday. Easystaff handles the remuneration of the sitters.
7. In addition, in case of sickness the NBBU CAO Easystaff will be used.
8. The work of de Sitter is limited to and laid down in the contract agreement.
9. After the parent(s) / client has received the proposed profiles the parent / client shall, within 5 working days, contact SitterFacilities so that the Meet and Greet can take place within 10 working days. If the meet and greet can not be held within the prescribed period, the Sitter obtains the right to get in touch with another family that is looking for a Sitter for the same day(s).
Article 6. The Agreement of Assignment
1. The contract between the babysitter, buddy, homework coach, client and parent, with the mediation of SitterFacilities, will be concluded for the maximum period of one year, the period may be extended if the renewal fees have been paid.
2. The agreement of assignment between a babysitter, tutor, buddy and parents, clients will be concluded in writing and shall run only from the date of signing by the parents, clients.
3. The care is during a shift is at least 3 hours per week.
4. Parties may terminate the contract agreement with a notice period of one month. Cancellation must be made in writing by the 1st of the month. Upon termination by the parent(s), the date of receivement by the client SitterFacilities is decisive.
5. Appointments of a babysitter, buddy, tutor is always made in consultation with SitterFacilities and recorded in the contract agreement. It is not permitted for the parent(s)/client to have a babysitter, tutor, buddy providing services for families and / or client (which are not specified in the contract agreement) without the prior written permission of SitterFacilities.
6. If the parent(s) and / or client wish to use the babysitter, buddy companion for any subsequent children, the parent and / or client has to use the mediation of SitterFacilities and serves as a new contract agreement to be concluded with any possible change of rates.
7. If the parent(s) and / or client arranges care through another childcare organization done by the same babysitter, buddy, homework tutor, the parent(s) and / or client is subject to an immediately payable fine to SitterFacilities of € 1.000, – for each breach.
Article 7. Duration mediation agreement between SitterFacilities and the parents(s)
1. The mediation agreement is entered for a fixed term of up to one year. .
2. The mediation agreement can be terminated prematurely at the end of a calendar month by written or electronic notice with a notice period of one month, it being understood that the mediation agreement will not come to an earlier end than that the agreement of assignment between parent(s), client and babysitter, buddy , homework tutor.
3. If the parent / client, despite written notice, does not comply (in time) to the obligations regarding the mediation agreement, SitterFacilities is entitled to end the brokerage agreement, without a judicial intervention, as of end the said date of default (or termination) without losing its rights to claim performance and / or compensation.
4. Upon termination by SitterFacilities no refund is due to costs already paid.
5. If the parent(s) and / or the client terminates the assignment, as specified in the mediation agreement, then the parents(s) and / or client has to pay a client fee to SitterFacilities, this is € 200, -.
6. Paid invoices are not refundable after termination of the mediation contract or agreement of assignment.
Article 8. Duration mediation agreement between SitterFacilities and the babysitter, buddy, homework tutor
1. The mediation agreement is concluded for an indefinite period.
2. The mediation agreement may be terminated prematurely at the end of a calendar month by written or electronic terminate, and with a notice period of one month, provided that the Agreement will not be coming to an end before the contract between parent (s ) and / or client and babysitter, buddy and companion homework is completed.
3. If the babysitter, buddy and / or homework coach despite written notice, does not comply (in time) to the obligations regarding the mediation agreement, SitterFacilities is entitled to end the brokerage agreement, without a judicial intervention, as of end the said date of default (or termination) without losing its rights to claim performance and / or compensation.
Article 9. Rates and Payment
1. The rates may change due to legal changes.
2. SitterFacilities acts as the legal cashier. The costs of service of SitterFacilities can be divided into care costs payable to the babysitter, buddy or homework tutor and the monthly payable mediation, enrollment and recruitment costs to SitterFacilities. These costs are defined in the contract agreement.
3. Compensation for the babysitter, buddy and / or homework tutor.
The babysitter, buddy, homework tutor fills out a timesheet after or during each week in which he/she has worked, using the online hour registration used by SitterFacilities, or on such other means SitterFacilities indicates. On this form is stated the number of care hours of the given month. This form is approved by the babysitter, tutor, buddy and parent / client. SitterFacilities takes care of the payment to the babysitter, tutor, buddy. The payment to the babysitter, tutor and / or buddy takes place within 5 working days after receipt of full payment by or on behalf of the parent(s), client.
4. All payments must be made no later than the time agreed upon. In the event of late payment the parent / applicant is in default and liable for the statutory interest on the outstanding amount and all judicial and extrajudicial collection costs. SitterFacilities is also entitled to stop the provision of the agreed services.
Article 10. Costs parent(s), client
a. From the moment the interview takes place and it is decided to start with the recruitment, selection and mediation, the parent(s) and / or client are due mediation and counseling costs to SitterFacilities. The reserved hours are laid down in the agreement between babysitter, buddy and / or homework tutor and parent(s) and / or client. We make use of an estimate which is rounded down. It is possible to work with flexible hours.
b. Changes in the mediation and supervision costs are effective at least two months after the parent(s) and / or client are informed in writing.
c. Taking into account the provisions of Article 9.3 the cost of childcare are invoiced monthly by SitterFacilities from the parent(s) and / or client. Payment of this fee is done through a monthly direct debit or payment by invoice based on the hour indication in accordance with Article 9.3 which establishment takes place through SitterFacilities.
d. In the case of the lack of authorization for direct debit / invoice, the payment of the monthly amount of childcare costs has to take place within 10 days of the invoice date.
e. The parent(s), Customer is responsible for the timely payment of the bill SitterFacilities.
f. If the parent(s) and / or client do their payments through third parties, they are not relieved from the obligation to pay within 10 days.
g. If the parent(s) and / or the customer has not paid within the period of payment, SitterFacilities is entitled, after warning parent(s) and / or client at least once in writing, or electronically, without further notice and without prejudice to other rights, from the due date till the moment of payment by the parents(s) and / or the customer, to the statutory interest.
h. If the parent(s) and / or the customer is / are in default or omission to fulfill its obligations, then all reasonable costs incurred in obtaining satisfaction out of court on behalf of the parent(s) and / or client are due to SitterFacilities. The extrajudicial costs are calculated on the basis of what is common in the Dutch practices. Any judicial and execution costs will also be recovered from the parent(s) and / or client. The parent(s) and / or client is also due interest costs on the collection costs.
Article 11. Suspension and termination
- 1. SitterFacilities is authorized to suspend the fulfillment of its obligations or to dissolve the agreement if:
a. The parent(s) and / or the customer’s obligations under the agreement(s), not fully or properly comply.
b. After the conclusion of the assignment agreement with SitterFacilities, and when SitterFacilities learns of circumstances giving solid ground for fear of unfulfillment of the obligations towards SitterFacilities of the parents(s), client or babysitter, buddy, homework tutor, SitterFacilities retains the right to fully or partially discontinue the agreement, without any compensation being due, and without prejudice.
2. SitterFacilities shall also be entitled to dissolvement procedures in case of bankruptcy and / or suspension of payment of the parents(s) and / or client. If the latter is deemed to be legally in default, the claim is immediately due and SitterFacilities entitled – without judicial intervention and without prior notice- to fully or partially terminate the agreement (s) in question, without any compensation being due and without prejudice.
3. The assignment agreement and the mediation agreements may be terminated without observing the notice period if:
a. The child for whom the agreement(s) is / are closed dies.
b. The child for whom the agreement(s) is / are closed becomes permanently disabled and the disability is such that proper care through SitterFacilities should no longer be considered possible.
c. The babysitter, buddy, homework tutor subject to the agreement of assignment dies.
d. The babysitter, buddy, homework tutor subject to the agreement of assignment or mediation agreement is permanently disabled and the disability is such that adequate relief through SitterFacilities should no longer be considered possible.
e. Suspected child abuse or sexual abuse can not be dispelled or if there is an indictment pertaining a valid First Aid Certificate for children.
f. It turns out that the babysitter, buddy, homework tutor after the conclusion of the agreements do not appear to have an appropriate professional qualification and / or screening is not eligible for a new VOG.
g. If the situation described in the third paragraph under g or h, occurs, the babysitter buddy, homework tutor is without any (prior) notice, liable for the payment of the fees of SitterFacilities and the related parents(s) and / or client regarding the new registration of the replacement Sitter.
Article 12. Limitation on Liability
- 1. The parents(s) and / or the customer is liable for the behavior of the child under his / her parental authority or guardianship, by which behaviors damage and / or injury occurs at the time of care to SitterFacilities, the babysitter, buddy, homework tutor and / or third parties. The parents(s) and / or client and babysitter, buddy, homework tutor are liable under a legal liability (WA) have ended with mutual liability and to submit this request to SitterFacilities.
2. SitterFacilities expects all of its keepers, buddy, homework tutors that they have entered into a liability. This is checked by the adoption and entry of the sitters but to perform a monthly check is not obligatory.
3. SitterFacilities expects the applicant (s) and / or clients that a decent home insurance has been completed and indicates that her clients.
4. SitterFacilities is not liable for any damage, by whatever cause, except where there is not legally excludable intent or gross negligence. The applica here direct and indirect damage and loss resulting from liability to third parties. With regard to intent or gross negligence on the burden of proof on the parents(s) and / or client.
5. SitterFacilities is facing the parents(s) and / or client is not liable for damage or losses that babysitter, buddy, do homework companion to the parents(s) and / or client or third parties.
6. SitterFacilities has no liability, unless the liability insurance taken out by SitterFacilities gives an entitlement to benefits. The liability shall then be restricted to the amount of the payment made by the insurer.
Article 13. Force Majeure
- 1. If SitterFacilities can not or only partially fulfill its obligations, under the agreement with the parents(s), client and / or babysitter, buddy, homework coach, due to force majeure SitterFacilities is entitled to suspend the agreement for the duration of the force majeure, without SitterFacilities being liable for damages.
2. Force majeure is understood to include facts and circumstances that prevent the total or partial fulfillment of the closed agreements with the parents(s), client and / or babysitter, buddy, homework tutor and which can not be attributed to SitterFacilities or circumstances which make fullfilment in al reason impossible, whether conditions, at the time of conclusion of the contract, were foreseeable or not.
Article 14. Complaints
- 1. On the complaints the Complaints Procedure of SitterFacilities applies. The complaints procedure is listed in the Agreement of assignment to the applicant (s) or client Sitter provided.
2. Complaints about the execution of the Agreement of Assignment must be made in writing and in good time when the defects are detected, but within two weeks after detection.
3. If the applicant (s) or client Sitter, within the above mentioned, fails to file the complaint before the deadline the complaint is not accepted and the applicant (s) or client Sitter loses its rights.
Article 15. Applicable law and disputes
- 1. All agreements concluded by SitterFacilities or the resulting agreements are based on Dutch law.
2. Any disputes arising from the agreement or the Terms and Conditions shall, unless otherwise provided by mandatory law, in the first instance be submitted to the judgment of the competent court in Amsterdam.
3. These terms and conditions are a translation from the Dutch original which is leading in meaning. Any disputes arising from the translation of these terms and conditions should be based on the original Dutch version.
Article 16. Privacy
- 1. Enrollment carries / carry the applicant(s) personal information, namely as indicated on the registration form on www.sitterfacilities.nl. The applicant (s) giving permission to SitterFacilities to use the personal data relating to:
a. Its services to exercise
b. To further optimize its services
c. The applicant(s) to inform newsletters about SitterFacilities.
2. Facilities sitter maintains a database of information which the applicant (s) are included. The parent gives by accepting these general conditions consent to the registration of the data of himself, his partner and the children in said database. The data are confidential and protected adequately.
Article 17. Making matches
- 1. SitterFacilities makes no warranty with respect to the proposed profiles. SitterFacilities does not guarantee that the recruitment results in finding a suitable Sitter.
2. SitterFacilities offers Sitter the possibility to authenticate through an interview and to supply a copy of his identity card, a VOG (certificate of good conduct) and the proof of registration for the first aid course or a copy of service First Aid certificate. Although SitterFacilities does everything in its power to verification by giving a true picture of the Sitter, they can not accept responsibility for the authenticated Sitters regarding the documents submitted by the Sitter and the final quality of his / her work.
Article 18. SitterFacilities Communications
- 1. SitterFacilities does not provides any personal information such as phone number, address and email clients to third parties. The contact with other members runs through SitterFacilities, if the applicant decides with other members to exchange personal data, the parent does so entirely at their own risk and for advice.
Article 19. Gift card
- 1. The Gift Card is only privately transferable, both the giver and recipient’s name are recorded by means of contact information and a unique code.
2. The spending of Gift Cards is limited to € 100 per quarter. The value of the Gift Card is at least € 50, -, which should be spent in one instance, while no refund is given for services provided.
3. The Gift Card is not redeemable for money and valid for one year.