It is important that you read these terms and conditions carefully before using the services of Nina.care. These conditions apply to the relationship between Nina.care and parents as well as au pairs and babysitters.
Regards, Jasmine & Lyla
TERMS AND CONDITIONS NINA.CARE GENERAL PROVISIONS
The following definitions apply in these general terms and conditions:
Article: an article from these Terms and Conditions;
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;
Servicefee: the fee that Parents purchase from Nina.care via the Platform;
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
Parties: Users of Nina.care;
Babysitter or Babysitters: any individual who, after being screened by Nina.care, presents themselves on the Platform as a babysitter or nanny.
Babysitting service: the provision of babysitting services by a Babysitter for Parents;
Babysitting agreement: the agreement to provide a Babysitter service between a Parent and a Babysitter established via the Platform;
Au pair or au pairs: any individual who, after being screened by Nina.care, presents themselves on the Platform as an au pair.
Au pair service: the provision of au pair services by an au pair for Parents;
Au pair agreement: the agreement to provide a au pair service between a Parent and an au pair established via the Platform;
Caregiver or caregivers: any individual who, after being screened by Nina.care, presents themselves on the Platform as a babysitter, nanny or au pair..
Caregiver service: the provision of babysitting services by a Babysitter or au pair for Parents;
Caregiver agreement: the agreement to provide a Caregiver service between a Parent and a Caregiver established via the Platform;
Parents: parents or legal guardians who arrange childcare services via the Platform;
Agreement: any agreement between Nina.care and the User (including the use of the Platform) and any change and addition thereto;
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;
Conditions: these terms and conditions of Nina.care.
In writing is also understood as electronic messages, including but not limited to e-mails.
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
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.
The Terms may be unilaterally changed by Nina.care.
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.
Nina.care offers Users the opportunity to contact each other on and through its Platform in order to provide Babysitting & au pair Services.
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.
Nina.care is at all times entitled to adjust and / or terminate (the content of) its Platform.
Nina.care in no way guarantees that:
the Platform will work without interruption, be free of viruses, trojans and other errors and / or defects, and that any defects will be remedied;
third parties will not unlawfully use the Platform or the systems of Nina.care; and
a Babysitter will obtain a minimum number of Babysitting Agreements via the Platform.
ACCOUNTS AND USE OF THE PLATFORM
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.
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.
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.
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.
I understand that by using this platform, I communicate using this platform and do not share or request personal contact details with the other party to move communication off this platform. Violation of this could result in being banned from using this platform indefinitely or lead to a reasonable fine: amount determined by Nina.care.
Outpayment of the cargiver can only be seen as money earned by the caregiver in case the host has succesfully transferred that amount to the account of Nina.care and the amount is not withdrawn from this account by form of chargeback.
RELATIONSHIP BETWEEN PARTIES
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.
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.
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.
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
A Babysitter Agreement is established when a babysitter request is accepted on or via the Platform for a flexible or permanent babysitter appointment.
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.
In case a parent cancels a babysitter shift within 24 hours before the start of the shift, Nina.care reserves the right to charge 50% of the cost
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.
If a babysitter falls ill, she will contact the parents to indicate that she cannot work. The Parent can then place a new request.
In the Netherlands the “Regeling Dienstverlening aan Huis” should be followed.
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.
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.
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
Change Service fee: Nina.care reserves the right to adjust the Service fee.
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
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 14 days free 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.
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.
The right to compensation lapses if the claim has not been reported by the User to Nina.care within one year after it arose.
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.
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
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.
In the Netherlands, a Caregiver is insured according to the agreements on the Insurance information at the Nina.care website. We’ve got a babysitter insurance (oppasverzekering), which is an insurance through Nina.care. This covers any accidental damages to the property of the family up to 250 euros. The family/babysitter can notify us of any damages by e-mail: [email protected] and we’ll take care of it!
RETURN POLICY & COMPENSATION IN THE EVENT OF ANY CONTACT BETWEEN USERS
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.
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.
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.
Any communication between Nina.care and the User can take place electronically, unless the Conditions, the Agreement or the law deviate therefrom.
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.
The user is expressly not authorized to transfer his rights and obligations under the Agreement to third parties.
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.
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.