Terms & Conditions
By submitting a request or booking a babysitter, carer or nanny with us, you agree to the following terms. For any questions or clarification, contact us at info@babysittersondemand.com.au.
1. Contractual Agreement
1.1 Legal agreement. These Terms form a legally binding agreement between you (the “Client”) and Babysitters on Demand (“we”, “us” or “our”), operated by Lia Ursich, ABN 95 415 300 967, trading as “Babysitters on Demand”.
1.2 Contact. Reach us by email at info@babysittersondemand.com.au for any queries.
1.3 Acceptance. By completing a booking request form, signing an intake form, making payment or confirming a service via email, you acknowledge and agree to these Terms.
1.4 Definitions. “Client” means the individual or family using our services. “Babysitter / Carer / Nanny” means an individual introduced or allocated to the Client by us. “Terms and Conditions” means the terms governing the provision of our services.
1.5 Non-acceptance. If you disagree with any part of these Terms, please do not use our services.
2. Client Obligations
2.1 Confidentiality. Personal information and communications will be handled in accordance with our privacy obligations. Nothing in these Terms prevents either party from making a disclosure required or permitted by law.
2.2 Booking protocol. All bookings and extensions must be arranged directly through Babysitters on Demand.
2.3 Prohibition on direct bookings. Engaging, paying or booking any babysitter, carer or nanny introduced by us, whether directly or through a third party, outside of Babysitters on Demand is prohibited for a period of 12 months from the date of introduction. Where permitted by law, a breach may result in an introduction and recovery fee of $3,500 per carer, in addition to any other amounts properly owing. This applies whether or not the engagement was disclosed to us.
2.4 Minimum booking. A minimum of 3 hours per booking, payable in full, applies to casual bookings. For before and after school care, nanny and regular carer bookings, a minimum booking of 2 hours applies unless otherwise agreed in writing.
2.5 Payment method. Cash payments or other direct payments to babysitters, carers or nannies are prohibited unless expressly authorised by Babysitters on Demand in writing. All payments must otherwise be processed through Babysitters on Demand.
2.6 Upfront fees. Unless otherwise agreed in writing, all fees are payable in advance to confirm a booking.
2.7 Payment options. Payments are accepted via direct deposit or through our available secure online payment system.
2.8 Safe environment. Clients must provide a reasonably safe, clean and hygienic environment for carers. A carer may decline to commence or may end a booking where they reasonably believe conditions are unsafe, unsanitary or inappropriate. Any refund or adjustment will be determined in accordance with these Terms and applicable law. For live-in roles, appropriate private accommodation and any agreed requirements must be provided.
2.9 Feedback and service access. Babysitters on Demand welcomes feedback regarding its services. Repeated inappropriate conduct, breaches of these Terms or substantiated concerns relating to a Client may result in Babysitters on Demand declining future bookings.
2.10 Notification of extension. Clients must notify Babysitters on Demand of any extension to the agreed booking so that applicable fees can be adjusted.
2.11 Disclosure of direct or third-party engagement. Clients must disclose any proposed engagement of a carer introduced through Babysitters on Demand that may fall within clause 2.3.
2.12 Conduct & zero tolerance. Our carers are entitled to a respectful and safe workplace. Abuse, harassment, discrimination, threatening behaviour, unsafe conduct, inappropriate intoxication or mistreatment of a carer may result in the booking being ended immediately and Babysitters on Demand declining future service. Refunds or other adjustments will be determined in accordance with these Terms and applicable law.
2.13 Illness & infectious conditions. Clients must notify Babysitters on Demand as soon as reasonably possible if a child or relevant household member has an illness or infectious condition that may affect the booking, including fever, vomiting, diarrhoea, contagious rash, conjunctivitis or significant flu-like symptoms. Babysitters on Demand may determine that care cannot safely proceed. Clients must disclose allergies, medical conditions and medication requirements relevant to the care of the child before the booking. Medication will only be administered where this has been appropriately disclosed and agreed in advance. Where a booking cannot proceed because relevant illness or medical information was not disclosed, applicable cancellation or minimum booking charges may apply, subject to applicable law.
3. Pricing & Payments
3.1 Currency. All transactions are in Australian Dollars.
3.2 Upfront payment requirement. Unless otherwise agreed in writing, all applicable care, sourcing, booking and administration fees must be paid upfront to secure a booking.
3.3 Booking and administration fees. Booking, sourcing and administration fees cover work undertaken by Babysitters on Demand in processing requests, communicating with Clients, sourcing and allocating carers, coordinating bookings and associated administration. Subject to the Australian Consumer Law and these Terms, these fees are generally non-refundable once the relevant work has been performed.
3.4 Refunds, credits and service adjustments. Any refund, credit or other adjustment will be assessed according to the circumstances, the services actually provided, these Terms and applicable law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
3.5 Custom quotes. Services may be priced according to the individual requirements of the booking. Where a custom quote is issued and accepted, the quoted pricing and any specific conditions stated in that quote form part of the booking agreement.
3.6 Confirmation. A booking is only confirmed once required payment has been received and written confirmation has been issued by Babysitters on Demand. We reserve the right to decline or cancel an unpaid booking. Overdue accounts may be referred for recovery, and reasonable recovery costs may be payable where permitted by law.
4. Cancellation Policy
4.1 Client cancellation. Where a Client cancels a casual booking at least 24 hours before the scheduled start time, care fees paid will be refunded, less any applicable booking, sourcing or administration fee. Where less than 24 hours' notice is provided, the applicable minimum booking amount plus any booking, sourcing or administration fee will remain payable. Where the booking has a separately agreed cancellation policy, that policy will apply. This clause does not apply where the Client declines or ends care because of a concern regarding the allocated carer, which will instead be considered under clauses 5.3 to 5.8.
4.2 Carer cancellation. If an allocated carer becomes unavailable, Babysitters on Demand will make reasonable efforts to source a suitable replacement. A replacement cannot be guaranteed. Where we are unable to provide the booked service, any applicable refund, credit or other remedy will be determined in accordance with these Terms and the Australian Consumer Law.
4.3 Ongoing and holiday coverage. For ongoing arrangements, Babysitters on Demand will make reasonable efforts to provide replacement coverage during a carer's approved leave or other absence, but replacement availability cannot be guaranteed.
4.4 Termination of a booking. Babysitters on Demand or a carer may end a booking where continuing the service would reasonably create a safety, welfare or serious conduct concern. Any payment, refund or adjustment will depend on the circumstances and applicable law.
5. Service, Suitability & Professional Standards
5.1 Availability. While Babysitters on Demand will make reasonable efforts to fulfil a Client's request, the availability of a particular babysitter, carer or nanny cannot be guaranteed.
5.2 Replacement carers. Where possible, we aim to provide continuity of care. Circumstances including illness, leave, emergencies or availability may require a different suitable carer to be allocated.
5.3 Client comfort and sitter suitability. Babysitters on Demand recognises that Clients must feel comfortable with the person caring for their child. While we take reasonable steps to allocate carers based on the information provided by the Client and the requirements of the booking, compatibility between an individual carer, child and family cannot be guaranteed. A difference in personality, communication style or personal preference does not, by itself, mean that a carer has failed to meet Babysitters on Demand's professional or service standards.
5.4 Concerns before care commences. If a Client has a genuine concern regarding the presentation, conduct, communication, engagement, professionalism or apparent suitability of an allocated carer, the Client should contact Babysitters on Demand as soon as reasonably practicable. A Client is not required to leave their child with a carer where they do not feel comfortable doing so. Where reasonably practicable, Babysitters on Demand may attempt to provide an alternative carer, although a replacement cannot be guaranteed.
5.5 Review of service concerns. Where a Client declines to commence care or ends a booking because of concerns regarding a carer, Babysitters on Demand may review the circumstances before determining the appropriate resolution. This may include obtaining information from the Client and carer, reviewing booking instructions and communications, considering relevant previous service history and determining whether the concern relates to compatibility, service standards, professional conduct or safety. A Client's decision not to proceed with a particular carer does not, by itself, establish that the carer has breached Babysitters on Demand's standards.
5.6 Resolution of service concerns. Depending on the circumstances and subject to applicable law, Babysitters on Demand may provide an alternative carer, booking credit, partial refund, full refund or another appropriate remedy. Where a carer was available and met the required service standards but the Client elects not to proceed primarily because of personal preference or compatibility, applicable minimum booking and administration charges may remain payable. Where Babysitters on Demand determines that a service or professional standards concern occurred, the appropriate remedy will take into account the nature of the concern, whether care commenced, the service actually provided and other relevant circumstances. Where there has been a serious failure to meet required safety or professional standards, the Client will receive any remedy to which they are entitled under applicable law.
5.7 Carer payment. Any payment or minimum engagement entitlement owed by Babysitters on Demand to a babysitter, carer or nanny is separate from any refund, credit or other remedy provided to a Client. A decision to provide a Client with a refund or credit does not, by itself, determine whether the allocated carer is entitled to payment for their attendance or minimum engagement.
5.8 Professional standards. Babysitters, carers and nannies representing Babysitters on Demand are expected to arrive punctually and appropriately presented; maintain appropriate personal hygiene; wear clothing and footwear suitable for caring for children; behave professionally and respectfully in the Client's home or venue; actively and appropriately engage with children in their care; follow reasonable instructions, routines and household requirements provided by the Client; maintain appropriate professional boundaries and communication; comply with disclosed allergy, medical and safety requirements relevant to the booking; not attend or perform care while impaired by alcohol, illicit drugs or any substance that makes them unable to safely perform their duties; and otherwise conduct themselves consistently with the professional standards expected by Babysitters on Demand.
6. Screening & Liability
6.1 Screening and checks. Babysitters on Demand requires carers to satisfy applicable screening and credential requirements relevant to their role, which may include Working With Children Checks, First Aid/CPR qualifications, identity verification, references, experience requirements and other checks considered appropriate. Requirements may vary depending on the nature of the role and applicable law.
6.2 Liability. To the maximum extent permitted by law, Babysitters on Demand is not liable for indirect, incidental, special or consequential loss arising from the provision of services. Clients are responsible for losses arising from their own acts or omissions, unsafe premises or breach of these Terms. Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
7. Privacy
7.1 Personal information. Babysitters on Demand will handle personal information in accordance with applicable privacy laws and its privacy practices.
7.2 Information security. We take reasonable steps to protect personal information held by us from misuse, interference, loss and unauthorised access, modification or disclosure.
8. Complaints & Dispute Resolution
8.1 Complaints. If you have a concern regarding a booking or service, please contact Babysitters on Demand at info@babysittersondemand.com.au as soon as reasonably practicable and provide sufficient information for us to review the matter.
8.2 Resolution. We will make reasonable efforts to resolve complaints directly and in good faith. Where appropriate and agreed between the parties, mediation may be considered. Nothing in this clause prevents either party from exercising any right or remedy available under applicable law.
9. Jurisdiction
9.1 Governing law. These Terms are governed by the laws of Western Australia and applicable Commonwealth laws of Australia.
9.2 Jurisdiction. Subject to any rights available under applicable law, the parties submit to the jurisdiction of the courts and tribunals having jurisdiction in Western Australia.