Wonderland Nannies Agency
General Terms and Conditions of Business for Customers/families
Status : February 2016
1. General information
The Agency Wonderland Nannies, owners Justine Richardson & Clarissa Heim GbR, Gänslerweg 3a 82041 Oberhaching, accessible through the website wonderland nannies.de recruits staff such as nannies, babysitters, house keepers and tutors (hereinafter referred to as "applicants") to customers/families.
If you have a contract with Wonderland Nannies, these are the general terms and conditions of business. They also apply to all future business relations, even if they are not again explicitly agreed.
The conclusion of the contract in written form is necessary to its effectiveness. Verbal orders are only binding if they are confirmed in text form by wonderland nannies and if the customer does not object within 3 days after receipt in text form.
2. The subject of the contract
The subject of the contract concluded between wonderland nannies and the customer is exclusively to introduce, suggest and place applicants such as (child-minders, housekeepers, tutors) to customers of Wonderland Nannies. For this service Wonderland Nannies charges the customer an agency fee.
3. Registration procedure/placement
The customer instructs Wonderland Nannies to recruit a potential applicant by filling in and submitting the family application form on the website wonderland nannies.de.
The customer is responsible for the completeness and accuracy of the information given in the family application form, and assures that this information reflects the truth.
There is no legal claim for an applicant to be placed by wonderland nannies.
4. Terms of payment / Placement Fee
The agreed placement fee has to be paid as soon as a successful placement or an employment agreement is made between customers and applicants.
The agency fee is due no later than 7 days after the date of the invoice. Agency fees are displayed in the Wonderland nannies ‘fees’. In the event of delayed payment, Wonderland Nannies reserves the right to charge € 5.00 per reminder. As far as the customer can prove that less than € 5.00 reminder costs arose for Wonderland Nannies, these are to be paid.
In addition Wonderland Nannies charges a processing fee of € 60.00 for the selection and forwarding of applicants’ data. The fee has to be paid by the customer immediately after registering with Wonderland Nannies by filling in and submitting the family application form.
The submission of the family application form is considered as registration with Wonderland Nannies and is therefore binding and obligates the customer to pay the fee of € 60,00.
This fee will be deducted from the agency fee upon a successful placement of an applicant. Should for any reason a successful placement is not possible and Wonderland Nannies cannot be held accountable, the registration fee is non-refundable.
Upon contract agreement, Wonderland Nannies offers up to 3 suitable suggestions of applicants to the customer. Should the customer request additional suggestions, Wonderland Nannies charges an additional fee of € 100 per requested suggestion. This fee will be deducted from the agency fee upon a successful placement of an applicant.
Should no successful placement be made, this fee is non-refundable.
For the use of the Wonderland Nannies Babysitting Service the processing fee of € 60,00 will not be charged. To book a Babysitter, Wonderland Nannies charges € 24.00 per booking. The placement fee for a babysitter is due immediately after the receipt of the invoice and before the babysitter is due to work.
Wonderland nannies is a business according to § 19 UStG. Value added tax is therefore not charged.
After a successful placement of a candidate, the first 2 months are considered a trial period. In the event that the employment agreement terminates within these 2 months, Wonderland nannies will offer a replacement of the applicant free of charge. The replacement agreement includes a maximum of 3 suggestions of applicants. Should the customer wish for further applicant suggestions, Wonderland Nannies will charge an additional fee of € 100.00 per suggestion.
The replacement is subject to a fee, if the employment should be terminated by the customer or the applicant without comprehensible reasons or due to incorrect or missing information disclosed in the application form, which are paramount for a successful placement.
The replacement is also subject to a fee, if the customers’ requirements of the candidate in comparison to the information disclosed in the registration form have changed. The same applies if the information disclosed in the candidate registration form no longer apply.
Wonderland Nannies babysitting service: Should a babysitter fail to fulfil the scheduled booking, Wonderland nannies will of course provide the customer with a replacement babysitter according to the customers’ requirements. No more charges will be incurred.
6. Revocation / Termination
The customer has the right to withdraw within 14 days after conclusion of the assignment. The separate cancellation policy, accessible on the homepage wonderland nannies.de applies.
Should the customer after placing the order wish the immediate execution of the assignment (hereinafter referred to as Express Service) the customer loses, with complete fulfilment of the order by wonderland nannies, the right of withdrawal. The separate cancellation policy, accessible on the homepage wonderland nannies.de applies. This is decisive.
There are no costs for the customer, if up to the receipt of the declaration of withdrawal no more than 3 applicant proposals have been made yet.
Should the customer terminate the agreement, after the expiry of the withdrawal period and before the beginning of the employment of the applicant, Wonderland Nannies will charge a fee of € 100,00 per applicant proposal. The applicant proposal is considered successful if the requirements of the customer match the applicants’ requirements and the proposal was sent to the customer.
The babysitting service can only be booked as express service. In the event of a cancellation through the customer, Wonderland Nannies will not refund the € 24.00.
7. Information obligation on the part of the customer
The customer is obliged to inform Wonderland Nannies immediately – within 3 days - with the terms of a successful negotiation of a job position or work contract with an applicant. The customer is also required to provide Wonderland Nannies with a copy of the employment contract.
Wonderland nannies examines within the scope of their possibilities the qualifications and suitability of the candidates. However, Wonderland Nannies does not accept any liability for the correctness of qualifications as well as the accuracy and completeness of the information provided by the applicant.
Wonderland Nannies does not accept any liability for any incurred damages to persons and property caused by the applicant. The applicant alone will only be liable and responsible for any damages.
Wonderland Nannies is not responsible for the employment contract and its contents between Customers and applicants. Furthermore, Wonderland Nannies is not responsible for the obtaining of insurances (third-party liability, health or accident insurance) by the applicant and/or the customer. However Wonderland Nannies strongly advises that such insurances should be completed.
Wonderland Nannies is not responsible for tax law, labor law, social security and immigration matters and does not accept any liability.
9. Confidentiality / Data Protection
Wonderland Nannies agrees that all personal information of the customers and the applicant is to be treated as confidential and not to disclose them to third parties. Wonderland Nannies is however entitled to forward data and information of a customer to a potential candidate. The same applies for the data and information of a candidate. Any data of the applicant is to be treated as confidential by the customer and not to be disclosed to third parties.
The customer has the right to request information and deletion of their stored data.
The law of the Federal Republic of Germany applies. The court of jurisdiction is Munich. Changes, additions and ancillary agreements are only effective if they take place in text form and have been confirmed by both parties.
Should a provision of this contract be invalid or prove to be impracticable, these general terms and conditions remain valid. The invalid or impracticable provision is to be replaced by an agreement between the two parties, which comes closest to the economic intention and which makes the execution of the contract possible.