Nanny B. Agency Terms of Use

1. Introduction
   The Nanny B. Agency website consists of various pages owned and operated by Nanny B. Agency. By using this website, you agree to comply with the following terms, conditions, and notices. If you do not accept these terms, you should refrain from using the site.

2. Modification of These Terms of Use
   Nanny B. Agency reserves the right to update or modify these terms, conditions, and notices at any time without prior notice. It is your responsibility to review these terms periodically to stay informed of any changes. Continued use of the website after any updates signifies your acceptance of the new terms.

3. Links to Third-Party Sites
   Our website may include links to external websites. These linked sites are not under the control of Nanny B. Agency, and we are not responsible for the content or availability of any linked site, nor do we endorse any of the products, services, or opinions expressed on them. We provide these links solely for your convenience, and inclusion of any link does not imply any approval or association with the site’s operators.

4. Disclosure
   Please note that this website or blog may contain affiliate links. If you make a purchase through one of these links, we may receive a commission at no additional cost to you.

5. No Unlawful or Prohibited Use
   You agree to use the Nanny B. Agency website in accordance with all applicable laws and regulations. You will not engage in any activity that may damage, disable, overburden, or impair the website or interfere with any other user’s ability to use and enjoy it. You will not attempt to access any content through unauthorized means or attempt to circumvent any security measures in place on the website.

6. Liability Disclaimer
   The information, services, and content provided on the Nanny B. Agency website are subject to occasional errors and inaccuracies. We make no guarantees about the accuracy, reliability, availability, or timeliness of the materials or services offered on the website. Nanny B. Agency and its suppliers make no warranties of any kind, either expressed or implied, regarding the website and its contents.

   All information, products, services, and content are provided “as is,” without warranty of any kind. To the fullest extent permitted by applicable law, Nanny B. Agency and its suppliers disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

   In no event shall Nanny B. Agency or its suppliers be liable for any damages, including direct, indirect, incidental, or consequential damages, arising out of or related to the use of the website or its content, even if advised of the possibility of such damages. If you are dissatisfied with any part of the website or these terms, your sole remedy is to discontinue using the site.

7. Copyright and Trademark Notice
   The content on the Nanny B. Agency website, including but not limited to text, graphics, logos, and trademarks, is protected by copyright laws and owned by Nanny B. Agency or its suppliers. All rights are reserved. Unauthorized use of any materials or trademarks without permission is prohibited.

8. Accessibility Statement
   Nanny B. Agency is committed to ensuring that our website is accessible to individuals with disabilities. We are continuously working to improve the accessibility of our services and site. If you encounter any issues or need assistance, please contact us at info@nannybagency.com, and we will do our best to resolve any problems promptly.

   Despite our efforts, some content may not yet meet the strictest accessibility standards. If you experience any difficulties, please reach out to us so we can continue to enhance the website for all users.

9. Costs, Attorney’s Fees, and Interest
   If the Client fails to pay the Placement Fee or violates any terms outlined in this agreement, the Client agrees to reimburse Nanny B. Agency for any fees, costs, and expenses, including attorney fees, that the agency incurs while enforcing its rights under this agreement or pursuing the collection of unpaid fees. Nanny B. Agency reserves the right to apply interest on any overdue balances. This interest will be calculated at a rate of 0.833% per month (10% annually), and will continue to accumulate on the outstanding amount until fully paid.

10. Legal Jurisdiction and Dispute Resolution
    Any disputes related to the terms and enforcement of this agreement shall be resolved exclusively in the courts of the state of New York. By entering into this agreement, the Client consents to the jurisdiction of the state and federal courts located in New York for all matters arising from this agreement. The Client also agrees that legal notices and service of process may be sent to the Client’s provided address via certified mail. This agreement shall be governed by the laws of the state of New York, without regard to its conflict of law principles.

11. Text Message Consent and Opt-Out
    By using the services provided by Nanny B. Agency, the Client gives consent to receive text messages related to updates, notifications, or promotional offers. Standard messaging rates may apply based on the Client's mobile provider. Clients can easily opt out of receiving such text messages by following the opt-out instructions provided in the message.

12. Support and Contact Details
    If you have any inquiries regarding the terms or need further assistance, please do not hesitate to reach out to us at bayley@nannybagency.com. We are available to help with any questions or issues you may have.

Confidentiality Agreement
Nanny B. Agency agrees to keep all personal, private, and sensitive information shared by the Client or Nanny confidential and will not disclose such information to any third party without written consent unless required by law. Both parties agree to respect the privacy of each other and to prevent unauthorized disclosure of confidential information.

Independent Contractor Status
Nannies placed through Nanny B. Agency are independent contractors and not employees of Nanny B. Agency. As such, Nanny B. Agency is not responsible for any actions or omissions of the nanny during their placement. The Client agrees to indemnify and hold harmless Nanny B. Agency from any claims arising from the nanny’s actions.

Agency Liability Limitations
Nanny B. Agency is a placement service and does not assume responsibility for the actions or performance of the nanny during the course of their employment. While we strive to make suitable matches, Nanny B. Agency is not liable for any issues arising after the placement, including but not limited to disputes, accidents, or damages caused by the nanny.

Payment Terms and Refunds
All placement fees are due at the time the agreement is signed. Once a nanny placement has been successfully made, no refund will be issued unless the placement is terminated within the first [X] days, in which case a partial refund may be considered at the agency’s discretion. Refunds will not be provided for any services already rendered or if the Client fails to provide the required notice for cancellation.

Termination of Agreement

If the Client terminates the agreement before a nanny placement is made, the non-refundable engagement fee will not be refunded for any reason unless subjected to review for good reason by Nanny B. Agency. Nanny B. Agency reserves the right to terminate the placement process at its sole discretion without refunding the engagement fee if the Client is deemed uncooperative or unable to be reasonably worked with, demonstrates a lack of valid intent to move forward with the nanny placement process, fails to provide accurate or complete information necessary for the placement, exhibits inappropriate, disrespectful, or unethical behavior during interactions with the agency or candidates, or requests services outside the scope of what Nanny B. Agency offers. Additionally, Nanny B. Agency may terminate the agreement if there is any reason to suggest unsafe environments for nanny applicants and/or the children, including but not limited to unsafe living conditions, hazardous workplaces, or behaviors or actions that may endanger the physical or emotional well-being of the nanny or children. In all cases of termination by Nanny B. Agency, all services already rendered shall be considered fulfilled, and no refunds will be issued.

Non-Solicitation Clause

The Client agrees not to directly offer employment to any nanny or caregiver placed by Nanny B. Agency or any applicants found by Nanny B. Agency. If the Client violates this provision, they agree to pay a fee equal to the placement fee as liquidated damages.

Dispute Resolution and Mediation
In the event of any disagreement arising out of or relating to this agreement, both parties agree to first attempt to resolve the dispute through informal discussions. If the matter cannot be resolved amicably, both parties agree to submit to binding arbitration, and any costs associated with the arbitration process will be shared equally.

Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Both parties consent to the jurisdiction of New York courts.

Insurance and Background Checks
Nanny B. Agency performs background checks, including criminal and employment history, on all nannies before placement. However, the Client is encouraged to verify these checks directly and may request additional screening. Nanny B. Agency is not liable for any discrepancies or omissions in the background check information provided.