Terms & Conditions

KiwiOz Nannies Limited hereinafter referred to as “The Agency” agrees to source and submit suitable Candidates (“a Nanny introduced by the Agency”) (“the Services”) to you, the Family.

SERVICES OFFERED
1. PERMANENT PLACEMENTS
  1. A Permanent placement is considered a position that is longer than nine weeks and is ongoing.
  2. The Family understands that a chosen Candidate becomes an employee of the Family in the position of Nanny, and not an employee of the Agency. The Family is liable to pay all relevant taxes and levies for the employee (e.g. PAYE, ACC) in accordance with all New Zealand tax legislation and regulations or arrange for alternative methods for tax and levies payment to be in place (i.e. IR-56 employment), and to provide the employee with Kiwisaver package pursuant to the legislation.
2. TEMPORARY PLACEMENTS
  1. Any booking for the services of a Nanny less than 8 weeks in duration is deemed as a temporary placement.
  2. Temporary bookings must be for 5 or more hours per day.
  3. There is no requirement for an employment agreement between the Family and the Nanny for temporary placements.
  4. All temporary bookings must be made and arranged by the Agency.
3. BABYSITTING PLACEMENTS
  1. A babysitting booking is defined as evening hours only, starting from 6.00pm onwards.
  2. There is a 3-hour minimum for all babysitting bookings.
  3. Babysitters can be booked on a one off, regular or ongoing basis
4. PRIVATE NANNY SUPPORT
  1. Private Nanny Support is considered a position where Families have sourced their own Nanny and require support through our Dream Education Programme or Payroll services.
  2. The Agency reserves the right to remove a Family from the programme if they are not meeting the minimum requirements.
5. SCREENING SERVICE
6. PAYROLL SERVICE

DREAM EDUCATION PROGRAMME
1. To qualify for the Dream Education Programme, the Family must have at least 1 child under the age of 5 or not yet have started school and be under 6 years of age, be based within Auckland, Waikato or Wellington permanently, employ a permanent Nanny for a minimum of 12 enrolled hours per week and meet all Ministry of Educaton regulations.
  1. If your Family is eligible for the Dream Education Programme then you will be enrolled on the Programme.
  2. If your Family is enrolled on the Dream Education Programme your child/ren will be enrolled on the Programme for a minimum of 12 hours per week.
  3. The enrolment process including completing the home safety check, which needs to be completed within 30 days of the start of employment.
  4. If for any reason a family leave the Dream Education Programme within a 3 month period the difference in the placement fee our full fee will be charged.
  5. Dream Education Programme funding will not commence to a family until the following has been completed: recruitment fee has been paid (if applicable), the enrolment forms & home safety check completed, the nanny’s police check has been returned and the nanny has a current first aid certificate.
  6. You agree to allow reasonable access to your home to Ministry of Education and Education Review Office officials in order for them to assess the compliance and quality of the programme KiwiOz Nannies operates.
  7. You agree to abide by the guidance and direction provided by your Visiting Teacher in order to comply with these requirements.
  8. Failure to meet Ministry of Education requirements may result in any Services being withheld or terminated; this includes access to government subsidies such as 20 Hours ECE.
2. 20 ECE HOURS
  1. 20 hours ECE is a government subsidy for children aged 3, 4 and 5 years old enrolled in a Ministry of Education licensed and participating early childhood education (ECE) service. The subsidy is available to 3, 4 and 5 year old children for up to six hours per day, up to 20 hours a week. Children are eligible for the subsidy from their third birthday though until their sixth birthday or until they begin to attend primary school.
  2. You will complete a child enrolment form, and confirm the days and hours you are claiming as 20 Hours ECE on an attestation. You can split the hours claimed between more than one ECE service as long as you don’t claim for more than 20 hours a week or six hours a day. You can’t claim for the same hours twice and your hours cannot overlap at more than one service.
  3. It is your responsibility to notify us of any changes on your 20 hours ECE claim within 10 days of any change to hours claimed at either KiwiOz Nannies or at any other service where your child is enrolled.
  4. 20 hours ECE subsidies are paid from the date the enrolment and attestation form is signed and the child is eligible. 20 hours ECE will not be paid in arrears. KiwiOz Nannies is closed during public holidays and regional anniversary days. KiwiOz Nannies does not receive 20 hours ECE funding on these days or during Nanny annual leave or sick leave. The subsidy amount and the way the subsidy is paid is determined by the Ministry of Education and is subject to change.
3. WINZ Childcare Subsidy (CCS)
  1. You may be eligible for a Childcare Subsidy if you are the main carer of a dependent child and a New Zealand citizen or permanent resident normally living in New Zealand. Eligibility of the subsidy is dependent on how much you and your spouse or partner earn.
  2. The child must be aged 0-4 years and enrolled in an ECE programme like Dream Education Programme for three or more hours a week.
  3. A Childcare Subsidy is normally paid for up to nine hours of childcare a week. In some situations you may be able to get up to 50 hours a week. If you are claiming 20 hours ECE you can’t get Childcare Subsidy for those hours.
  4. Applications for WINZ CCS need to be made directly to your WINZ office. KiwiOz Nannies charge a $20+ gst administration fee per week per family to administer these payments to you.
4. Out of School and Recreation (OSCAR)
  1. You may be eligible for an OSCAR Subsidy if you are the main carer of a dependent child, don’t have a partner who can provide childcare and are a New Zealand citizen or permanent resident. Eligibility for the subsidy depends on how much you and your spouse or partner earn.
  2. The child or young person must be aged five to 13 years old attending an approved OSCAR programme for three or more hours a week. The child should also normally live in New Zealand.
  3. Applications for OSCAR must be made directly to your WINZ office. KiwiOz Nannies charge a $20+ gst administration fee per week per family to administer these payments to you.
FAMILY OBLIGATIONS AND RESPONSIBILITIES
1. Accuracy of information
  The Family will ensure that all the information and documentation provided to the Agency and/or the Candidate by the Family is true and complete. The Family agrees to complete all documentation and forms required by the Agency including but not limited to child enrolment forms, child attendance sheets, other relevant Ministry of Education forms and documents and Police Vetting forms.
2. Co-operation
  The Family will provide reasonable cooperation to enable the Agency to recruit a Candidate for their family and understands that co-operation will help assist in a quick and expedient recruitment process and placement.
  The Family agrees to provide the Agency and its consultants with reasonable co-operation throughout the employment, in the event that mediation or other such services are provided by the Agency to the Family.
3. Confidentiality
  The family understands that candidates names, addresses, telephone numbers or e-mail details are provided on a confidential basis to the Family and the Family agree not to share this information with any other parties.
4. Suitability of Nanny
  You, the Family have the sole responsibility to satisfy yourselves as to the suitability of the Nanny candidates presented to you by us and to interview applicants by telephone, internet or in person thoroughly to ensure a good match prior to making an offer of placement. KiwiOz Nannies accepts no liability for the choice of Nanny you, the Family, make.
5. Offer
  The Family agrees to only offer employment to a Candidate via the Agency who will communicate the offer to your chosen Candidate.
6. Documentation
  Upon confirmation to the Family that the offer of permanent (full or part time) employment made by the Agency is accepted by the Candidate (verbally), the Agency will provide to the Family a Confirmation of Employment containing necessary actions and steps as well as a template Employment Agreement. The chosen Candidate becomes the Employee of the Family once the Employment Agreement is signed.
  The Family will read all programme guidelines provided by KiwiOz Nannies and policies (provided upon request) and abide by the terms, conditions and criteria for placement. You agree to complete all KiwiOz Nannies paperwork including, a Family Profile, Placement Agreement, Child Enrolment forms, ECE Attestation, monthly timesheets, payroll administration forms and any other forms necessary for the provision of services to your Family.
7. Communication
  The Family agrees to discuss any household rules, schedules, routines and
  methods of child discipline with the Employee and provide this to the Employee in the form of a ‘Job Description’ along with the Employment Agreement at start of employment. All parties understand that regular and open communication is paramount in building a lasting working relationship. If the Family experience a breakdown in communication or have expectations that are not being met, the Family will ensure that the Agency has been informed. It is the responsibility of the Family to monitor the performance of the Employee in the home and notify the Agency immediately if any problems or issues are identified.
8. Vehicle
  When the Family requires the Nanny to drive their vehicle the Family will keep the vehicle insured. The Nanny must adhere to the conditions of the insurance policy and may be liable for any damage caused to the vehicle in breach of the insurance policy.
9. Employment Relationship and Payroll
  You understand that the Nanny placed with you is your direct employee and not the employee of KiwiOz Nannies. As your employee your Nanny is entitled to all of the benefits provided under New Zealand employment law. You agree that KiwiOz Nannies will administer your payroll on your behalf but that you remain the direct employer of your Nanny.
  1. We strongly recommend you seek independent legal advice if you would like formal clarification of any aspect of your employment relationship with your Nanny. You also agree that:
  2. You will pay the gross weekly wage to KiwiOz Nannies who will administer your payroll on your behalf.
  3. In processing your payroll KiwiOz Nannies will make all net wage payments to your Nanny, PAYE and ACC payments to the appropriate authorities and file all necessary returns on your behalf.
  4. Your Nanny is entitled to annual holidays and public holidays as set out in the Holidays Act.
10. Responsibility for the Safety of Children
  You understand and agree that you are responsible for the safety of your child/ren. You understand that KiwiOz Nannies and its related companies and partners have carefully screened and vetted the Nanny candidate and you agree that we cannot be held responsible for any act or omission of the Nanny.
11. Safe Healthy Work Environment
  You agree that you are responsible for the safety and wellbeing of your Nanny. As his or her Employer you agree to comply with the Health and Safety at Work Act 2015 act and to provide a clean and hygienic living environment. If you are enrolled on our Dream Education Programme you agree to comply with Ministry of Education requirements and KiwiOz Nannies policy regarding health and safety and premises and facilities.
12. Abuse, Inappropriate Behaviour and Illegal Activity
  KiwiOz Nannies has a no tolerance policy on abuse of any kind; family violence, neglect, and bullying, illegal or inappropriate behaviour including drug use or sexual advances toward your Nanny.
  1. KiwiOz Nannies also has a no tolerance policy on any physical discipline of children including but not limited to hitting, smacking, biting or any other form of physical correctional discipline.
  2. You understand that due to the sensitive nature of these allegations we may act to remove the Nanny immediately and without notice regardless of the outcome of the allegations and you agree that we will not be liable for actions taken by us as stipulated in this clause.
13. Mediation
  Should you experience a breakdown in communication or find your expectations of performance are not being met by your Nanny, you agree to notify the Agency of your concerns immediately. It is your responsibility to monitor the performance of your Nanny.
  1. You also agree to enter into mediation in good faith if advised to do so by us. We will provide reasonable support, advice and assistance to resolve the situation.
  2. Independent Legel Advice
    The Agency does not claim to offer legal advice concerning employment law and relationships, either in this Agreement or in general advice provided in any format. We recommend the Family seek independent legal advice for formal clarification or confirmation of any aspect of your Employer obligations, or if you have further questions or concerns you can contact the Ministry of Business, Innovation and Employment toll free
REMATCH POLICY
1. Rematch
  Applies to permanent placements only (excluding before and after school placements)
  1. Whilst the Agency makes every reasonable effort to ensure the suitability of Candidates, the final decision on the suitability of the Candidate is the sole responsibility of the Family and the Agency does not guarantee nor accept any liability regarding the suitability of a Candidate. The Agency offers no warranty for the character or suitability of a Candidate
    once employment has commenced. KiwiOz Nannies Ltd accepts no liability resulting from the choice of Candidate made by the Family.
  2. The Agency does not offer refunds on permanent placement fees however, the Agency offers one free permanent part time or fullitime replacement Candidate per permanent booking fee paid (excluding after school placements), subject to the following conditions:
  3. The Agency invoice has been paid by the Family in accordance with the terms of payment in section 6.
  4. The Candidate has been employed by the Family for a period of less than 3 months (from the confirmed start date of employment) and have followed the mediation clause 3.12. If the Candidate has been employed for a period of 3 months or longer, no free rematch will be provided by the Agency.
  5. The Family has provided the Agency with a copy of the signed employment agreement between the Family and the Candidate.
  6. If the Family has terminated the employment, the Family has followed the disciplinary rules and procedure and dismissal procedure as required by law in the employment agreement.
  7. The Candidate has not left the position due to unreasonable demands, a change in the location originally required, breach or change of contract terms or job description, or verbal or physical abuse or any other reason caused by the Family.
  8. The search for the rematch Nanny must be the same days and hours as in the signed employment agreement for the original search, if this has changed then a new search will need to be activated and a new agency fee will be generated in accordance with the terms of payment section 5.
  9. During the search for a rematch Nanny, the Agency agrees to supply no fewer than two and a maximum of five Candidate profiles for the Family’s selection. Not applicable for afternoon/after-school replacements as very limited candidate options available at any time for this search.
  10. The Agency is dedicated to sourcing suitable replacement Candidates. However the Agency accepts no liability if the Family deems the replacement Candidate profiles offered to them to be unacceptable, and the Agency has no responsibility to replace the Candidate after five Candidate profiles have been deemed unacceptable by the Family.
  11. Rematch is not available for Private Nanny Support.

FEES
1. Permanent Placement Fees – New Zealand
  1. The Agency charges a placement fee of 10% including GST of the Nanny’s annual gross salary for all permanent placements (based on 52 weeks). There is a minimum placement fee of $1,495 including GST for all permanent placements.
  2. If participating in the Dream Education Programme this fee is reduced to $595 including GST.
2. Permanent Placement Fees – Overseas
  1. The Agency charges a placement fee of 20% including GST of the Nanny’s annual gross salary for all permanent placements (based on 52 weeks). Overseas placements are defined as placements outside of New Zealand.
3. Temporary Placement Fees – Dream Education Programme
  1. All temporary Dream Education Programme bookings are $30+GST.
  2. All hourly charges are $30 + GST and are applicable as per clause 5.1.
4. Babysitting Placement Fees
  1. Babysitting bookings are available as individual bookings for a fee of $30+ GST.
  2. Payment at the rate of $18 per hour is to be made direct by the Family to the Babysitter at the end of the evening.
  3. If a babysitting booking is cancelled with less than 24 hours’ notice then the $30 incl GST booking fee is still charged.
  4. If a booking is not cancelled then a minimum of 2 hours at $30 per hour + GST for the Babysitter will be invoiced to the Family.
5. Introduction to a KiwiOz Nanny – Placement Fee
  1. If you offer a placement to an Nanny who has been introduced to you by KiwiOz Nannies, the following fees will be apply:
  2. The Agency charges a placement fee of 10% including GST of the Nanny’s annual gross salary for all permanent placements (based on 52 weeks).
  3. If participating in the Dream Education Programme, (see clause 2.1) this fee is reduced to $595 + gst.
  4. There is a minimum placement fee of $595 including for all permanent placements.
6. Payroll Service Fees
  Kiwi Oz Nannies process the payroll on a fortnightly basis. Fees charged include an initial set up fee of $95 + gst and a fortnightly payroll processing fee of $30+gst.
7. Screening Service Fees
  1. For families enrolled on the Dream Education programme the Agency charges a screening service fee of $395 including GST
    If the Family does not employ the Candidate, regardless of the screening outcome, the fee is still charged and shall be payable by the Family for the work completed.
    Private Nanny Support – There is a no charge for Familes who are eligible for the Dream Education programme.
8. Introduction to a KiwiOz Nanny
  1. Placement Fee $595 (incl. GST)
  2. 50% of all associated KiwiOz Nannies’s fees including Payroll administration and programme fees.
  3. 50% of the loss of associated Ministry of Education funding.
PAYMENT
1. Permanent Placement
  1. Invoices will be generated once an offer of employment has been made and verbally accepted by the Candidate.
  2. Permanent and temporary placement invoices are payable by the Family within 14 days of the date of invoice or prior to the commencement date of employment if earlier than 14 days of receipt, and must be paid before the commencement date of the employment. This must be strictly adhered to for the replacement guarantee to apply.
  3. The Agency reserves the right to charge the Family a 15% surcharge on the agreed agency placement fee on all accounts not settled in accordance with section 5 and not disputed under section 6. The Family is responsible for costs for collection including actual solicitor’s costs incurred by the Agency.
  4. A temporary placement invoice will be sent to the Family the day after the booking or at the end of each week for the hours the Nanny worked and payment is required two days after receipt of the temporary placement invoice. The Agency will then make the appropriate payment to the Nanny.
  5. For clarity, payment is not to be made by the Family direct to the Temporary Nanny at the end of the booking.
  6. If a temporary booking is cancelled with less than 24 hours’ notice then a $30 plus GST booking fee is charged.
  7. The Family is required to give 1 hr’s notice to the Nanny of intended finish time if this is earlier than time stated in the booking confirmation.
  8. The Agency reserves the right to charge the Family a 15% surcharge on the agreed agency placement fee on all accounts not settled in accordance with section 5 and not disputed under section 6. The Family is responsible for costs for collection including actual solicitor’s costs incurred by the Agency.
2. Invoice Disputes
  1. If the Family disputes the whole or any part of an invoice issued by the Agency, the Family must notify the Agency within 5 working days of receiving the invoice.
  2. If the Family has disputed an invoice issued by the Agency and the dispute has not been resolved within 10 working days from the date of notification of such dispute, the Family must pay any undisputed amount relating to the invoice on the date due.
  3. If the dispute remains unresolved after 10 working days from the date of notification of such dispute to the Agency, the Agency reserves the right to take proceedings against the Family to recover the disputed amount and any surcharge payable.
3. Outstanding Accounts
  A claim raised by the Family does not entitle the Family to offset against, or withhold payment of, any fee or money owed to KiwiOz Nannies.
  If you, the Family fail to pay any undisputed fee payable under these terms within the prescribed timeframe, KiwiOz Nannies reserves the right to refer the debt to an external collection agency and will seek re-imbursement in respect of any debt collection fees or fees for legal action taken to recover the outstanding amounts due.
  1. Alternatively, we reserve the right to remove the Nanny from your employment and terminate the Agreement
4. Disputed Accounts
  If you dispute a fee you may withhold payment of that fee provided you notify us in writing within 5 days of receipt of invoice and provided you settle any non-disputed fees owing within the prescribed time frame. You agree to cooperate with us to quickly resolve any fee dispute. We will investigate disputed invoices to determine their accuracy upon your written receipt and notify you of the result in writing. Where a fee error is discovered credit or debit will be provided as appropriate. Where there is no error you agree to settle the account within 7 days of written notification.
5. Withdrawal of Offer of Employment:
  1. After an offer of employment has been made by the Family which has been accepted either verbally or in writing by the Candidate, in the event that the Family subsequently withdraws the offer of employment giving 15 or more days’ notice (in writing) before the agreed start date of employment, then the Agency reserves the right to charge a fee being an amount equivalent to 30% of the permanent placement fee for the work incurred.
  2. After an offer of employment has been made by the Family which has been accepted either verbally or in writing by the Candidate, in the event that the Family subsequently withdraws the offer of employment giving 14 days or less notice (in writing) before the agreed start date of employment, the Family will pay to the Agency the total placement fee payable under Clause 2.1 plus a sum equivalent to one week of the Candidate’s salary.
  3. In the event of a Family withdrawing an offer of employment, the Agency accepts no responsibility for any personal grievance, any liability whatsoever, or other action taken by the Candidate against the Family under the Employment Relations Act 2000.

LIABILITY
1. The Agency and the Family acknowledge, agree and confirm that the services provided by the Agency to the Family under these Terms and Conditions of Business are subject to the Consumer Guarantees Act 1993. Any such limitation of liability under these Terms and Conditions of Business shall be read subject to the guarantees provided under the Consumer Guarantees Act 1993.
  1. Subject to clause 7.1 and to the maximum extent permitted by law, the total liability of the Agency for all claims under, or in relation to, these Terms and Conditions of Business or its subject matter, whether in contract, tort (including negligence), in equity, under statue, based on fundamental breach or breach of a fundamental term, or on any other basis will not in any event exceed the price of the service provided under these Terms and Conditions of Business (or the part thereof as the case may be) upon which such liability is based, and whether or not such loss or damage was foreseeable.
  2. For permanent employment the Agency is an introduction and booking agency only – Candidates who accept employment with a Family are not directly or indirectly Employees of the Agency (even when payroll is being administered by KiwiOz Nannies Ltd). The Family is the Employer and has final responsibility of ensuring the Candidate’s suitability for the role. Once an engagement has commenced the Agency cannot be held responsible for any loss, damage, personal injury, clash of personalities or for any other circumstance that may arise beyond its control subject to clauses 7.1

GENERAL
1. Independent Legal Advice
  1. The Agency does not claim to offer legal advice concerning employment law and relationships, either in this Agreement or in general advice provided in any format. We recommend the Family seek independent legal advice for formal clarification or confirmation of any aspect of your Employer obligations, or if you have further questions or concerns you can contact the Ministry of Business, Innovation and Employment toll free.
2. Confidentiality and Privacy
  During your customer relationship we will collect information about you and your family. We may:
  1. Hold the information and share it with our employees, partner agencies and related companies and contractors for the sole purpose of delivering our Service to you.
  2. Use photographs of your children and Nanny in curriculum reporting documentation to demonstrate learning and activities they are engaged in.
  3. Use the information to provide you with marketing material unless you have requested us not to do so and use information including testimonials and photographs in our marketing material unless you have requested us not to do so.
  4. Share information with law enforcement authorities if we believe illegal activity is taking place.
  5. You are able to access and/or correct any information held about you in accordance with the privacy act.
3. Related Companies and Partners
  You agree that the services provided to you may be provided by KiwiOz Nannies or any of our related companies and partners.
4. Ending Services
  We may cease providing all or part of any Service if the Service is no longer viable, is being withdrawn from general availability by us, cannot be provided or is to be replaced with a new Service.
5. Liability
  1. The Family undertakes to ensure that the Nanny is adequately insured for driving any vehicle which he or she is required to drive as part of his/her duties. The Family will be liable for any excess payable under any insurance policy or for the repair cost if it is less than the stipulated excess, for accidents arising in the performance of the Nannies duties.
  2. The Family will be liable for the Nannies acts and omissions resulting in any damage occurring during the performance of her duties. KiwiOz Nannies is not responsible or liable for the acts or omissions of any Nanny whether willful, negligent or otherwise. The provisions of this clause continue to bind the parties after any placement has ended.
6. Release of Claims Against Us
  You unconditionally release us from any claims for damage, injury, stress, loss or expense of any sort incurred in connection with the participation of your Family in our programmes and your selection of a Nanny to work in your home. This release includes, but is not limited to, liability for any intentional or negligent acts or omissions by your Nanny.
7. Variation
  KiwiOz Nannies reserves the right to amend these terms of business at any
  time by providing one months’ notice in writing. It is the responsibility of the Family to check the current Terms of Business on the KiwiOz Nannies website. These terms and conditions comprise all the terms between the parties and supersede all prior discussions and agreements.
8. Invalidity
  Any provision of the agreement that is invalid or unenforceable, will be deemed deleted from this Agreement. This invalidity will not affect any of the other provisions of this Agreement, all of which remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.
9. Governing Law
  These Terms and Conditions are governed by New Zealand law. Where
  references to statutes occur throughout this agreement these include any amendments, re-enactments or replacement.
10. Agreement to These Terms
  1. You understand and acknowledge that in registering your family with KiwiOz Nannies by submitting your family application to us and engaging in our services that you have agreed to the terms and conditions of this Agreement.
  2. You understand that KiwiOz Nannies will facilitate your employment relationship with your Nanny and you cannot engage in an employment relationship with a Nanny through KiwiOz Nannies without fully complying with the terms and conditions of this Agreement.
11. GST
  All our prices are inclusive of GST except Temporary Placements Booking Fee and hourly rates and Babysitting Booking Fee.