TERMS AND CONDITIONS NINA.CARE

GENERAL PROVISIONS

• DEFINITIONS

1. 1. The following definitions apply in these general terms and conditions:
      1. Article: an article from these Terms and Conditions;
      2. User: every visitor who has registered on the Platform with their profile and contact details as a Parent or Babysitter or has otherwise asked Nina.care to mediate as a result of which an agreement has been concluded with Nina.care of which these Conditions apply;
      3. Servicefee: the fee that Parents purchase from Nina.care via the Platform;
      4. Nina.care or we: Nina.care BV located atHendrik  Figeeweg 1-P in Haarlem, The Netherlands and registered in the trade register of the Chamber of Commerce under number 78234786; Previously registered as Nanny Nina BV
      5. Parties: Users of Nina.care;
      6. Babysitter or Babysitters: any individual who, after being screened by Nina.care, presents themselves on the Platform as a babysitter or nanny.
      7. Babysitting service: the provision of babysitting services by a Babysitter for Parents;
      8. Babysitting agreement: the agreement to provide a Babysitter service between a Parent and a Babysitter established via the Platform;
      9. Au pair or au pairs: any individual who, after being screened by Nina.care, presents themselves on the Platform as an au pair.
      10. Au pair service: the provision of au pair services by an au pair for Parents;
      11. Au pair agreement: the agreement to provide a au pair service between a Parent and an au pair established via the Platform;
      12. Caregiver or caregivers: any individual who, after being screened by Nina.care, presents themselves on the Platform as a babysitter, nanny or au pair..
      13. Caregiver service: the provision of babysitting services by a Babysitter or au pair for Parents;
      14. Caregiver agreement: the agreement to provide a Caregiver service between a Parent and a Caregiver established via the Platform;
      15. Parents: parents or legal guardians who arrange childcare  services via the Platform;
      16. Agreement: any agreement between Nina.care and the User (including the use of the Platform) and any change and addition thereto;
      17. Platform: www.nannynina.nl and the iOs and Android app from Nina.care, the platform on which the services of Nina.care are offered and the direct mediation between Users by Nina.care;
      18. Conditions: these terms and conditions of Nina.care.
   2. In writing is also understood as electronic messages, including but not limited to e-mails.
   3. The definition of words in the singular also includes the plural form thereof and vice versa. If gender is indicated with regard to persons or parties, that indication also applies to the other gender.

• APPLICABILITY OF THE CONDITIONS

1. 1. The Conditions apply to all Agreements and to all other (legal) acts between Nina.care and the User, even when those (legal) acts do not result in, or are not related to, an Agreement.
   2. The Terms may be unilaterally changed by Nina.care.
   3. If and insofar as any clause of these Terms and Conditions is declared void or is annulled, the other terms and conditions will remain in full force. Nina.care will then adopt a new clause to replace the invalid / annulled clause, whereby the scope of the invalid / annulled clause will be adjoined as much as possible.

• PLATFORM

1. 1. Nina.care offers Users the opportunity to contact each other on and through its Platform in order to provide Babysitting Services.
   2. Nina.care is entitled to (temporarily) put the Platform out of use or to limit it in the event that this is necessary, for example, for maintaining or modifying the Platform, without this resulting in any right to compensation for Users.
   3. Nina.care is at all times entitled to adjust and / or terminate (the content of) its Platform.
   4. Nina.care in no way guarantees that:
      1. the Platform will work without interruption, be free of viruses, trojans and other errors and / or defects, and that any defects will be remedied;
      2. third parties will not unlawfully use the Platform or the systems of Nina.care; and
      3. a Babysitter will obtain a minimum number of Babysitting Agreements via the Platform.

• ACCOUNTS AND USE OF THE PLATFORM

1. 1. The user guarantees that all data he provides to Nina.care is complete, correct and up-to-date and that he will only use the Platform for himself. Each user can only create one account, that account is personal (and may not be shared) and can only be used by a Parent for Babysitting Services for his own family.
   2. By offering data on the Platform, the User gives permission to process this data in accordance with our Privacy Policy.
   3. The Platform offers the possibility to post reviews about a Babysitter. Parents will base their reviews on reasonable grounds and will not post texts that are inaccurate, unreasonable, offensive or contrary to good morals.
   4. We reserve the right to change, refuse or remove the data or reviews provided by the User, for example, because they are incorrect or unreliable, are in violation of the law or are unlawful towards third parties, without this leading to any right of the User to compensation.
   5. We reserve the right for Users to suspend or terminate access to the Platform if the User misuses the Platform, including but not limited to acting contrary to the Terms and Conditions, any clause of Dutch law or the netiquette that are customary on the internet, unabated to Nina.care’s right to take further legal measures and to claim compensation. A deleted User is not allowed to create a new account.

• RELATIONSHIP BETWEEN PARTIES

1. 1. Nina.care only has a facilitating role in establishing the caregiver Agreements and handling the payment of the Fee under Article 8. There is no employment contract between Nina.care and the caregiver.
   2. Nina.care is not responsible or liable for the fulfillment of the caregiver Agreement by Users. In case of questions and complaints, Nina.care can, of course, play a mediating role. Please contact us as soon as possible if such a question or complaint has occurred. Nina.care is not liable for non-application or incorrect application of the “Home Services Regulation” and any consequences thereof.
   3. The Caregiver Agreement is an agreement between Users, to which Nina.care is not a party. The “Home Services” Regulation applies to the relationship between a Babysitter and Parents, assuming that the Babysitter does not work for 1 family more than 3 days a week and does not work as a self-employed person. Users are personally responsible for properly reviewing and complying with this scheme. Articles 7.8, 10 and 11 between Users apply to the Babysitting Agreement.
   4. Parents will independently give instructions to the Caregiver regarding the performance of the Caregiver service. The Caregiver performs the Caregiver service at its own discretion. Nina.care does not interfere in any way with the performance of the Caregiver Services.

• ESTABLISHMENT AND CANCELLATION OF A BABYSITTING AGREEMENT

1. 1. A Babysitter Agreement is established when a babysitter request is accepted on or via the Platform for a flexible or permanent babysitter appointment.
   2. In the event of direct mediation by Nina.care, the Parent who is looking for a Babysitting Service will be offered one or more Babysitter candidates who are considered suitable Babysitters by Nina.care.
   3. Parents can cancel a Babysitting Service free of charge, but preferably do so at least 4 hours in advance
   4. Babysitters can only cancel a Babysitting Service in very exceptional cases (eg in the event of illness) and inform Parents and Nina.care at least 4 hours in advance, so that Nina.care can make an effort, but is not obliged, to find a replacement Babysitter for the Parents. Nina.care is not liable towards Parents if a Babysitter cancels the Babysitting Service.
   5. If a babysitter falls ill, she will contact the parents to indicate that she cannot work. The Parent can then place a new request.
   6. In the Netherlands the “Regeling Dienstverlening aan Huis” should be followed.
   7. If babysitters with recurring appointments want to stop working for a family, a cancellation period of at least 30 days applies to enable the parents to arrange another solution for childcare and sitters to find a new job.

• SERVICE FEE

1. 1. To be able to use Babysitting Services via the Platform, a Parent must pay the Babysitter via the Platform (app). It is not allowed to pay cash or another payment way in which the payment is not processed via the Platform.
   2. Service fee: The service fee for a certain month is debited from the bank account number you registered at the same moment as the first payment, each month
   3. Change Service fee: Nina.care reserves the right to adjust the Service fee.
   4. Inflation correction: Nina.care is entitled to increase its prices with effect from 1st January of each year by means of an inflation correction at the CBS Consumer Price Index

1. PAYMENT OF BABYSITTING SERVICE
   The payment of the Babysitter is always done through the Platform. The payment for a Babysitting service is made up of 3 elements:
   a.) The hourly rate of the babysitter is multiplied by the number of hours worked.
   b.) The transaction costs for the Platform and the contribution (21% or 5% of the babysitter’s hourly fee) for use of the platform.
   c.)The caregiver has 24 hours after end time of the initial booking to update the hours actually worked. After the 24 hours adjustment period has ended, the amount calculated by hours worked * hourly fee, will be withdrawn from the parents account and paid out to the nanny. This is non reversible and unrefundable. Parents are obliged themselves to monitor their bank accounts and money paid.

d.) Parents place a free Incidental Booking (i) and pay a 14,99 euro membership after the first free trial month when they like the service. Or parents pay a (refunded when no match) 99/69,99  euro search fee for Recurring Bookings (ii) and only after they found a match pay a 99/69,99  euro per month membership. Both memberships can be canceled each month with a 30 day cancellation period. In case a permanent booking has been paid in full at once (499,- or 699 euros) parents will be able to place a free new booking if the nanny stops within 6 months. In case the nanny stops after 6 months, a new request including  a new payment has to be made. Nanny Nina guarantees access to the platform but gives no guarantee on finding a nanny that meets the by the parents set requirements.
d.) Parents pay Nina.care the Fee (i) in an incidental Babysitting service immediately after the end of that Babysitting service via the Platform (the app) and (ii) in a structural Babysitting service based on the number of hours provided weekly by the Babysitter to Parent via the Platform. Nina.care is not paid or takes any money from the nannies or au pairs.

• LIABILITY Nina.care

1. 1. Nina.care is not liable for any damage suffered by the User, for whatever reason or in whatever form, unless this damage has arisen as a result of intent or deliberate recklessness on the part of Nina.care. In such a case, Nina.care is only liable for any direct damage suffered as a result, up to a maximum of 3 times a service fee. Nina.care is never liable for indirect damage such as consequential damage, lost profit, lost savings, or damage due to loss of data or damage as a result of an unlawful act.
   2. The right to compensation lapses if the claim has not been reported by the User to Nina.care within one year after it arose.
   3. The user is liable for and indemnifies Nina.care, both in and out of court, of all claims from third parties, for whatever reason, with regard to compensation for damage, costs, or interest, related to or arising from the Agreement or the use of the Platform. by User.
   4. In the event of force majeure as referred to in Article 6:75 of the Dutch Civil Code on the part of Nina.care, it is not obliged to fulfill the obligations under the Agreement. If the force majeure situation lasts longer than 90 days, or as soon as it is clear that the force majeure situation will last longer than 90 days, or as soon as it is clear that Nina.care cannot continue to perform, each Party is entitled to terminate the Agreement, unabated to the other person.

• INSURANCE AND LIABILITY WARNING

1.  The Caregiver will act carefully and to the best of their ability during the execution of the Caregiver Agreement. If the damage is caused to the family (of the Parent) as a result of performing the Caregiver Service due to an attributable shortcoming of the Caregiver, then the liability is limited to three times the value of the Caregiver Service booked of the case concerned.
2. In the Netherlands, a Caregiver is insured according to the agreements on the Insurance information at the Nina.care website.

• RETURN POLICY & COMPENSATION IN THE EVENT OF ANY CONTACT BETWEEN USERS

1. 1. Without payments that are processed by the Platform, A Parent is not permitted to use Babysitting Services of any kind from a Babysitter with whom the Parent has been in contact via the Platform or with whom the Parent has otherwise come into contact via Nina.care.
   2. If the Parent acts contrary to Article 11.1, he or she will immediately owe Nina.care a fine of EUR 500 excluding VAT. The sitter will owe 250 euro excl VAT.
   3. Users are asked to contact customer support with their dispute. When a user does a “chargeback” the amount that was chargebacked + the fine and extra administration costs will always be charged again to the user. Nina.care will refund the service fee when Nina.care has failed to perform the activities as stated on the website: access to the platform and the caregivers on there. The administration and fine cost will still be charged to the user that did the chargeback. Nina.care does not guarantee that you will find a caregiver and this is not a valid reason for a chargeback  A user must always first seek contact with Nina.care to prevent extra costs of the payment provider that will be charged trough to the user in all cases.

• OTHER PROVISIONS

1. 1. Any communication between Nina.care and the User can take place electronically, unless the Conditions, the Agreement or the law deviate therefrom.
   2. The version of the communication in question stored by Nina.care serves as proof thereof unless the User provides proof to the contrary. Electronic communication from Nina.care to the User is deemed to have been received on the day of sending unless the User can provide proof to the contrary.
   3. The user is expressly not authorized to transfer his rights and obligations under the Agreement to third parties.
   4. Parties are obliged to maintain the confidentiality of all confidential and personal information that they have received from each other or from another source in the context of their agreement.
   5. There is a 50 euro fine for nannies that do not show up at the first meeting with the parents.

• APPLICABLE LAW AND DISPUTES

All Agreements between Nina.care and User are governed by Dutch law. All disputes will be settled by the Court of Noord-Holland (location Haarlem), unless Nina.care prefers to submit the dispute to the competent court in the User’s place of residence.

10. 10.02.2023

Au Pair | Netherlands

Welcome to Nina.care cultural exchange program in the Netherlands! If you want to become a host family, you confirm that you meet the following conditions.

You

• Your family consists of at least two persons;
• You are registered in the Personal Records Database (Basisregistratie Personen) of the municipality where you reside.
• Your child(ren), the Au Pair will take care of, is registered at the same address.
• Your income meets the income requirements. You can read the IND requirements here in Dutch and in English.
• You have a private room with window and door  available for the Au Pair at your address.
• You are ready to welcome someone new in your family and like the idea of a cultural exchange.
• You understand that the primary goal of the exchange year is not childcare but it is one way the au pair can thank you for your hospitality.
• You are aware of the rules of the Au Pair program (maximum working hours, legal requirements, etc.) You can see the Au Pair Awareness Declaration you will sign a bit later here.
• you are not 3rd line family of the au pair and the au pair has not previously worked for your family

with Nanny Nina Au Pair Agency

• You will be required to give Nanny Nina Au Pair Agency confidential information about your identity, residence, financial situation and family.
• You are partnering with Nanny Nina Au Pair Agency in having a good cultural exchange which means sharing Dutch culture with your au pair through their stay and actively providing opportunities for your au pair to share their culture.
• You notify  Nina.care as soon but definitely within 1 week after change in salary, household setting ( newborn or divorce for example), address or any other relevant changes that impact the au pair exchange programme.
• Any fines that are given by IND due to not informing us in time are paid by the host family.
• You will sign an agreement and weekly schedule with Nanny Nina Au Pair agency and your au pair detailing the tasks the au pair will do in exchange for living with you.
• At any suspicion of misuse of the programme ( looking for a dutch husband as main motivation for example) you will inform Nina.care.

What Nanny Nina Au Pair Agency does for you

• Review intake information.
• Take time to get to know you over a video call.
• Manage your data with care to ensure compliance with data protection laws.
• Present profiles for you that we think would be the best fit for your family  in case of full service)
• Interview and screen your au pair candidate 
• Check all documents for compliance with rules and regulations  before confirming a match.
• Create reports on the selection and suitability of you as a host and your au pair to submit to the IND.
• File a visa  application to the IND if your au pair is from outside the EU.
• Communicate with you and the au pair throughout the process.
• Facilitate the cultural exchange through events, mediation and information at the right time throughout.

For Nanny Nina to find your perfect match

• You take time to share your expectations, preferences and your family information.
• Nanny Nina Au Pair Agency follow up au pairs who meet your requirements to check current availability, validity of documents and present your family to them as well so please upload your most adorable pictures on your profile and add info that would help someone know what it would be like to share daily life with you.
• We present 3 candidates who we think would be a great fit for your family. This should be the best of the best.
• You pay the agency fee and receive the au pair candidates’ contact information.
• If you feel after some interviews with them that none of the candidates are the sort of person you are looking for, we encourage you to update your profile to add the things you have discovered are important to you. At this point we would like to have another video call to understand your family better.

For Nanny Nina to confirm your own au pair selection

• You ask your au pair to register on the nina platform using the link on your intake form and  share the contact details of your au pair.
• Nanny Nina screens your candidate and confirms your match if he / she passes the screening process.

Documentation you need to provide

• Scanned copy of host parent(s) passport and Dutch ID card (if you have one).
• An original family BRP from your city hall. It needs to show all family members are living together. This is to be posted to us at Nanny Nina Au Pair Agency, Hendrik Figeeweg 1-P, Haarlem 2031BJ .
• Documents relating to income if you fit one of these situations described by the IND in Dutch and in English.
• Photos of your home from the street showing the door number, main areas indoors, floor plan and the au pair’s room.
• You can always contact us if you have any questions. When we have received all documents and everything is in order, we can submit the visa application to the IND if your au pair needs one, or confirm the match between your family and your EU au pair candidate by asking you to sign the agreement and weekly schedule..

The Visa Procedure

• A visa or residence permit is required for Au Pairs originating from non-EU countries.
• Au Pairs from the US, Canada, Australia, New Zealand and Japan may enter the Netherlands on a tourist visa.
• Au Pairs that require a visa and are in possession of a Schengen visa, may visit the Netherlands sooner. However, the Au Pair can only perform childcare and light household duties in your family’s home after having picked up their residence permit from an IND office in the Netherlands.
• The visa procedure usually takes six to eight weeks, from submitting a visa application to the arrival of your Au Pair in the Netherlands but Nanny Nina cannot make any guarantees on this timeline as it is determined by the IND.
• Nanny Nina Au Pair Agency does not start an application with incomplete documents or missing information.

Costs

• visa application fees, events, welcome pack and support is included in our fee. No surprises later. 
• The host family needs to be aware that there are other costs involved payable to other parties:

If your au pair is from the Philippines

• You, as the host, will need to attend an appointment to sign an au pair in front of an officer at the Filipino Embassy in Den Haag, pay them €22.50 and cover the costs of priority delivery of the attested documents to your au pair in the Philippines so he/she can attend an Department of Foreign Affairs.
• Get au pair insurance prior to this appointment to be valid from the date of departure.
• Pay for the au pair’s flights to and from the Netherlands. (approx €800).
• Pay for a swab test before your au pair leaves the Philippines (approx €120).
• These are requirements set by the Filipino government.

Practical things to do on Arrival

• Once the au pair is in the Netherlands, you and your Au Pair are both responsible for taking care of the following matters:
• Book appointment and Pick up your Au Pair’s residence permit at the IND-loket noted in her invitation letter.
• Register your Au Pair at your address (municipal personal records database).
• Request Au Pair’s BRP, our office needs to receive a copy of Au Pair’s BRP within 3 months upon his/ her arrival.
• TBC Check-up at the Public Health Service (if applicable).
• Open a bank account.
• Take out basic healthcare insurance payment deducted from au pair’s account.
• Apply for a DigiD code.
• Apply for care allowance to go directly into au pair’s bank account.
• Organize and register for a (language) course at either Nanny Nina Au Pair Academy or a language school of your choice.

Follow-up

As a recognized Au Pair agency of the Dutch Immigration Office, Nanny Nina Au Pair Agency have an information, administration and care obligation. This means that we are required by law to keep a complete dossier on you and your Au Pair.

What’s in the dossier?

• Proof of Identity videos and pictures of hosts and au pair.
• Application form (if visa required).
• Au pair’s whole passport showing signature
• Hosts’ Passports double page spreads showing ID and signature.
• Hosts’ BRP uittreksel (alle inwoners ingeschreven op dit adres).
• Au Pair’s apostilled (translated if needed) Birth Certificate.
• Au Pair’s apostilled (translated if needed) Civil Status Certificate.

Income

• Hosts’ Income documents in one PDF under 8MB

House details

• Pictures of house, door number, au pair bedroom and bathroom.
• Notes on the address of the house check, date, time and agent name.

IND forms

• Au Pair’s TB declaration.
• Au Pair’s Antecedent’s declaration.
• Au Pair Awareness declaration signed by both parties.

Nanny Nina documents

• Selection Docs: Intake Forms, House check, Motivation letters, Interview report.
• Weekly Schedule.
• Host – Au Pair Agreement.

Post-arrival

• BRP of au pair after arrival.
• Proof of bank account.
• Proof of TB test if required.
• Proof of Zorgtoeslag.
• Proof of (language) course.
• Notes on personal calls, emails, WhatsApps throughout.
• Evaluation reports on profile..

Pre-departure confirmed by both parties on profile

• Proof of tickets to and from the Netherlands. *departure ticket must be booked 12 weeks before end date at the very latest.
• Stopping au pair insurance.
• Stopping health insurance.
• Stopping Zorgtoeslag.
• Closing bank account.
• De-registering from the Gemeente.

Contact the Au Pair’s Stay

• To fulfil our duties and to ensure a successful cultural exchange, we ask you to fill in an evaluation check on your profile every 6 weeks. If anything is less than perfect, we would call you to help you as best as we can.
• We ask your au pair to fill an evaluation check every 4 weeks, following up with a call if there is anything less than perfect .
• We aim to have a video call with your au pair at least once every 2 months during his/her stay.
• For the first 3 months of settling in, we aim to check in with your au pair weekly as they are the hardest.
• You are always welcome to arrange a call to talk with us about the stay of the au pair or changes in your family or anything that affects the au pair. Nanny Nina Au Pair Agency would like to provide you with information at the right time and provide support if problems arise.

Au Pair Events

• Around six times a year, we host fun Au Pair events to showcase the Netherlands. Your Au Pair is free to participate in the events and can sign up in the event app; we may request our Au Pairs to sign up ahead of time on some events. When an au pair does not show without timely notification she cannot get back the event points.  We will inform your family and the Au Pair about the date and event details.
• Travel expenses are paid for by the host family.

Preparing for Departure

1. Four months prior to your au pair’s departure, you may want to search for and select a new Au Pair.
2. It’s advisable to begin a visa procedure at least 3 months before you want your next au pair to join you.
3. Your current au pair and you will receive a reminder to go through the Pre-departure checklist on your profile.
4. Feel free to ask us any questions at any point.
5. Email us at [email protected]

Au Pair contract

1. After a famly is matched with an au pair, both parties sign the contract in which all agreements are set. The contract is to lived by and followed in all cases and prevail over these terms and conditions. Important aspects highlighted in the contract are:
   
   – Rematch and Rematch insurance
   – Information update obligaten
   – Payments and fee’s