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SoHo Sitters Terms and Conditions- CLIENTS

The “SoHo Sitters Terms & Conditions” herein is an agreement between SoHo Sitters (“the

Company”) and the Family (collectively referred to as “Clients” or individually as a “Client”)

1. Company’s Services

The Company agrees to obtain applications from persons interested in performing child care services for the Client to verify information contained on the applications as provided by the Babysitters/Nannies (“Sitters or Nannies”), to perform background verifications, reference checks and to select potential Sit-ters to refer to the Client. The Company and Client agree that information about the Sitter furnished by the Company is confidential and is not to be disclosed to any third party.

It is understood by and between the Client and the Company that at no time will the Sitters/Nannies be considered employees of the Company. The Client shall compensate the Sitters/Nannies directly and not through the Company. It is further understood that the Company assumes no responsibility for paying or withholding any federal or local taxes, social security contributions, health or car insurance premiums, or any other expense required or arising from the Sitters’ work with the Client. The Client understands the Company is not a tax right off of any sort, as the Company is a Third Party Referral Agency.

2. Limitations of Liability

The Client agrees to save and hold the Company (and its officers, directors, employees, agents and shareholders) harmless from liability caused by any misrepresentation of fact or omissions, or by disclosure of personal information about the Sitter/Nanny . The Company does not warrant performance of any Client, and it is in no way responsible for any Sitter’s/Nanny’s conduct, accidentals or any injuries while working for the Client. The Company (and its officers, directors, employees, agents and share-holders) is also in no way responsible or liable for any conduct, accidentals or injuries for any child(s), Client or Sitter/Nanny or any other parties. The Company’s sole responsibility is to take reasonable steps to verify the accuracy of information obtained from the Sitter during the application and screening processes.

3. Sitters/ Nanny Screening Process and Qualifications

All Sitters/Nannies are personally interviewed by SoHo Sitters. Reference checks and Background verifications are part of the qualification process. Background verifications are included and result in searching public records, only. Some states are limited to government restrictions, based on where a sitter/ nanny resided in that past. Qualifications include but are not limited to CPR certifications, personal transporta-tion, age requirements of 18 years or older and previous child care experience.

4. Payment of Fees
5. Part Time Sitter Service:

$39.99 includes unlimited sitter request/month. This does not guarantee the same sitter is available per each request and this does not include consistent child care. Clients can cancel anytime, with 32 day written email notice. Client agrees, at sign up, that SoHo Sitters will automatically deduct $39.99/month from credit card and will continuously charge unless client sends written email  notice request to cancel. This is not for consistent care. Consistent care, with a consistent schedule and the same sitter/nanny, requires a nanny upgrade. Client’s are not permitted to utilize sporadic sitters, consistently, without a SoHo Sitter upgrade and will result in consequences if breached from the contract. See Section 8:

Upfront payment for the entire year- $431.90- Saves you 10% by signing up for the entire year, upfront. No Refunds. One Month Only- $50.00 includes unlimited sitter requests for one month only. Cannot utilize sitters after one month of services unless you sign up for monthly services.

No Last Minute or Cancellation Fees, unless one hour before the start time of service: $25 cancellation fee paid directly to the sitter, via check or electronic payment. 

Monthly fees, upfront fees, additional accommodated fees are non-refundable.

Clients can access the sitter’s bios, request a sitter using the online request form. Client’s are only permitted to request a sitter directly through the Company, unless otherwise instructed. Company services include but are not limited to all sitters being personally interviewed, reference checked, background verified and more.

Sitters are to be paid separately by the Client for their child care services at the end of each shift.

Consistent Nanny Service: See details in section 8

5. Non Payment of Fees

If fees are not paid in a timely manner and the Company refers the matter to a collection agency, the Client shall be responsible for all collection costs, including the collection fee, reasonable attorney fees and court costs.

6. Part Time Sitter Fees

All sitters are to be paid separately for their child care services by the Client, at the end of each shift. Cash or

checks are accepted and gratuity is generously accepted. Sitters do not accept third party gift cards as a form

of payment, unless it is used merely as a tip. If a client fails to pay a sitter in a timely manner, SoHo Sitters has the right to charge the client’s account to pay the sitter for their work. 

NET/ TAKE HOME RATES:

• Standard: $18/hour for up to 2 children; $1/ hour additional for each additional child
• Last Minute (day before)or after business hours considered day of following business day: $20/ hour for up to 2 children; $1/ hour additional for each additional child
• Very Last Minute (day of) or after business hours considered day of following business day.  $22/hr for up to 2 children $1/ hour additional for each additional child
• Holidays: $20/hour for up to 2 children; (See list of holidays on website) $1/ hour additional for each additional child
• New Years Eve, New Years Day and Gasparilla – $25/hr for 2 children, and $1 additional for each additional child
• Church/Temples: Flat Fee for each sitter: $27/hour

• Over Nights Stays Flat Fee: Overnight means- Sleeping over is anything exceeding 4pm   

• $230/day up to 2 children (for up to 24 hours)
• $265/day for 3-4 children (for up to 24 hours)
• $290/day for 5-6 children (for up to 24 hours)
• Anything more than 24 hours (hourly rate)
  • Gas Reimbursement (If a sitter is to drive your child anywhere)- 80 cents to the mile gas reimbursement,

• Minimum of 2 hours requests – If under 2 hour minimum is needed, pay to sitter would be as if it were 2 hour rate. This is to make the travel and commute worth the time for a sitter.

*If a sitter is watching more than one family’s children at a time, EACH family is to pay the costs presented below:

• Standard: $12/hour for up to 2 children

• $1/hour additional for each additional child
  • Last Minute (Less than 36 hour notice within business hours – Mon-Sun 9am-6pm): $ 14/hour for up to 2 children

• $1/hour additional for each additional child

*Under laws of Florida, one sitter is only allowed to care for up to 8 children at a time.

If there are multiple infants, it should be a 4 infant-1 babysitter ratio.

If a client fails to pay a sitter, the company has the right to charge the client’s account and card to be able to pay the sitter.

8.Applicable to the Nanny Clients, Only:

8a. Nanny Fees:

The Company offers finding families consistent care takers/ nannies.

As soon as a Nanny Client signs up, the client’s credit card will be charged the upfront start fee of $200, which is non refundable.

The Company will only provide the Client with up to 5 qualified Nanny’s that live within 30 miles of the Client’s home. Qualifications include but are not limited to Outreaching, CPR certifications, reference checks and background verifications. We do not make any guarantees for matching and the $200 non-refundable, as this cost is solely for advertising, outreaching and background checks.

The Nanny’s rates and duties are negotiable and set between both the Client and the Nanny and the lowest rate we work with will be mentioned during sign up, based on current standards. We do need this information before beginning the nanny search. The Company’s duty is to put a nanny through the application and screening process and then provide recommendations based on trends and/or introduce up to 5 Nanny candidates to the family.

Once a Client selects a Nanny, the company collects a one separate matching fee, which is to be paid immedi-ately. The matching fee is based on what the family signed up for and agreed upon, upfront, unless hours in-crease. Company will not begin nanny find if a Client is on vacation. Company will only begin nanny find when a Client is in town. If Company do not hear back from a Client within two weeks, the nanny find will be voided. No refunds.

Part Time- Under 20 Hours- $200 upfront, non refundable payment

One Time Matching separate fee of $800.00 made immediately when a nanny is matched, SoHo Sitters has the right to charge your card, in the event that a Nanny has been chosen or will send to a collections agency if not paid. Part Time 20-29 Hours Per Week of Nanny Services- One Time separate Matching fee of $1100.00 made immediately when a nanny is matched, SoHo Sitters has the right to charge your card, in the event that a Nan-ny has been chosen or send to a collections agency if not paid.

30+ Hours Per Week of Nanny Services- One time separate matching fee of $1200.00, made immedi-ately when a nanny is matched, SoHo Sitters has the right to charge your card, in the event that a Nan-ny has been chosen or send to a collections agency if not paid.

8b. Nanny Satisfaction Guarantee

• One year of fully screened sporadic sitters! This is almost a $500 a year value, included! After 1 year, it does require sporadic sitter membership at which you will then receive, should you like.
•  After one year, it is the client’s decision to sign up for the sporadic sitter membership, but you will not have access to our sporadic sitters without a membership.
• A one time guarantee, within 30 days, from the original matched nanny, for any reason, that if it doesn’t work out we will present you with 3 more candidates, at no extra cost. (Schedule and address of service must remain the exact same as provided originally, to receive this guarantee)
• After 30 days- 90 days, from the original matched nanny, if it doesn’t work out with the nanny selected, for any reason, we will present you with 3 more candidates, 50% off the sign up fee and matching fee. (Schedule and address of service must remain the same as provided originally, to receive this guarantee)

• 90 days-6 months from the original matched nanny, if it doesn’t work out with the nanny select-ed for any reason, we will present you with 3 more candidate, 10% off start up fee and matching fee (Schedule and address of service must remain the same as originally provided, to receive this guarantee.
• After 6 months, should you need a new nanny, all standard rates apply, with or without the same schedule or same location. 

• Summer Nanny Find (90 day service) : $200 upfront non refundable payment. $300 matching fee. 15 day guarantee policy, only. (schedule and location must remain the same)- $300 additional if service extends after 3 months. 

• Summer schedules and school schedules are NOT the same find, if schedules change. This requires two different searches and processes.

The family is not to use any other third party agency’s or conduct their own outreaching or searching, after SoHo Sitters is hired to conduct outreaching and matching. If the family does this at any time, the search will be voided and there will be no refunds, whatsoever.

The matching fee is agreed upon upfront and does not change, should a family want to reduce hours for nanny, after work has already began or completed. If the hours go up, SoHo Sitters is able to upgrade, matching fee, though.

1. Pet Sitter Service:

Client agrees to pay an upfront start up fee of $ 100.00, one time. Each time a sitter is requested by the Client to the Company, a charge of $8.00 is to be automatically charged to the client’s credit card, as an accommodation fee (non-refundable even if the owner cancels the request). $16 Surcharge for under 36 hour notice (between 9am-6pm, anything submitted after 6pm, counts for the next day at 9am) Holiday Accommodation fee is $16/day. Holidays are listed on our website

1. Pet Sitting Fees:

Although the Sitter is compensated separately by the client, the Company provides universal base rates for all sitters, in which the client must meet. Sitters are to be paid separately by the Client after each request. Sitters accept cash or check and tips are always appreciated.

Over Nights Stays Flat Fee:

• $95/Day up to 2 pets 8pm-8am with two 30 minute visits during the day included.  (Additional day time visits or time frames of visits= standard pricing of visits shown on Daily Visits Column  – $5 more for each additional pet  Holidays and last minute needs are an additional $40 per day. Last minute needs are day before or day of needs. Anything submitted after 6pm, is received and allotted for the next day beginning at 9am.

Pet Sitting Visit Rates: 

• The pricing below is for up to 2 pets. Any additional pets are an additional $5 per pet and visit
• 15 Minute Visits- $20/visit – Includes feeding, water refill, treats, walk (if need be)/ play
• 30 Minute Visits- $26/visit- Includes feeding, water refill, treats, walk (if need be)/ play, and lots of love
• 1 Hour Visits-$32/visit- Includes feeding, water refill, treats, walk(if need be), play time, cuddles, and lots of love
• Holidays and last minute needs are $20 more than the original price per day. Last minute needs are any requests submitted the day before or the day of needs (requests are received during standard business hours of 9am-6pm and last minute rates are based on when requests are received during these hours)

Holidays are listed on our site. 

SoHo Sitters makes no guarantee or promise that it can place a sitter or nanny for any specific request-ed date or time. Sitter’s availability is subject to each Sitter’s schedule.

13. Non-Compete

Client agrees that he/she will not: 1) solicit or attempt to solicit any business or trade from the Compa-ny’s actual or prospective customers or clients; 2) divert, attempt to divert, or encourage others to divert or attempt to divert business away from the Company, or encourage any independent contractor or consultant to end a relationship with the Company; and 3) refer any Sitter/Nanny to a third party or vice-a-versa, including a friend, family or relative of any sort.

Client acknowledges and agrees that if client breaches or threatens 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.

14. Reasonableness

Client acknowledges that the restrictions in this agreement are reasonable and necessary for the protection of the Company.

15. Survivability

This agreement will survive the termination, for any reason, of the status of Client with the Company.

16. Liquidated Damages

In addition to injunctive relief that may be available and other recourse set forth in this agreement, including attorney’s fees, the Client agrees that it will pay the Company liquidated damages in the amount of $1500.00 fee should the Client not comply with the non-compete policy.

17. Cancellation

No Cancellation Fees. We do require 32 days written notice, to cancel monthly membership. The client will then have 30 days from the last payment to utilize sitters and services. (The $39.99/ month membership is a 2 month minimum commitment. The upfront per year membership is not refundable)

18. 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.

19. Successors and Assignees

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

20. Notices

All notices must be in writing. A notice may be delivered to a party at the address that follows a party’s signa-ture or to a new address that a party designates in writing. A notice may be delivered: in person by certified mail, or by overnight courier.

21. Governing Law

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

22, 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. This agreement is also binding to all parties, via being dis-played electronically, prior to client’s being able to proceed with electronic website transactions.

23. Modification

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

24. 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.

25. Sever-ability

If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity non en-forceability 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. You also agree that these terms and conditions have the right to change at any time.

SoHo Sitters Terms and Conditions

ACKNOWLEDGMENT OF TERMS & CONDITIONS. I hereby acknowledge that I have read and agree to

SoHo Sitters Terms & Conditions herein.