1. These Terms and conditions shall represent a legally binding contract between Mothers Helper Nannies and Caregivers (The Agency) and the Client or Employer.

2. The verbal or written instruction of the Client to The Agency to submit suitable Applicants for contact, interview or employment, shall constitute acceptance of The Agency's Terms and Conditions regardless of the Terms and Conditions being reviewed by the Client.

3. All correspondence and records shall be confidential and remain the property of The Agency. Information supplied by The Agency is confidential and is accepted by the Client on the condition that such information will not be disclosed to ANY other party.

4. Should a Client affect any form of introduction, direct or indirect, of an Applicant to a third party, or pass on any details resulting in permanent, temporary or part-time employment, the Client will be responsible for the full placement fee.

5. The Agency endeavours to provide the Client with applicants as well suited as possible, and will furnish the Client with all relevant information concerning the applicant and to check details, documentation and references. However, the final responsibility for any decision to employ the Applicant, whether full time, part time or temporary, rests with the Client, who is therefore strongly advised to check details, documentation and references personally. The Agency does not offer any warranty as to the suitability, honesty, character or capability of any Applicant. The Agency endeavors to provide applicants in a timely manner within the time frame required by the Client but does not assume any responsibility or liability for any delay of placement or delay or denial of Visas or Work Permits for local or overseas applicants resulting in any inconvenience or loss for the Client.

6. The Agency accepts no liability and the Client will not hold The Agency liable or responsible in any way for any inconvenience, loss or damage of property, or any loss or injury howsoever arising directly or indirectly from any act or omission by The Agency and/or by any Applicant introduced by The Agency even if such an act or omission is negligent or fraudulent or reveals dishonesty. The Agency will not be held liable or responsible for any consequences incurred by the Client during a trial period.

7. The Client agrees to notify The Agency immediately if an engagement has been accepted by an Applicant and to supply details to The Agency of the date of commencement, length of employment and agreed wages.

8. Should a short-term engagement be extended by the Client, or by any Applicant or re-arranged at any future time, the appropriate additional fee shall become payable. The Agency must be notified immediately of any such changes.

9. Should any Applicant recruited as an evening babysitter be employed for daytime work, The Agency must be notified immediately and additional fees should become payable.

10. Fees are due upon the receipt of a Positive Labour Market Opinion from HRSDC of the offered position by a local applicant. The Client will be responsible to pay The Agency's full placement fee at the rates shown in the current scale of charges within 10 business days from the reciept of the Positive Labour Market Opinion. No fees to the Client apply in the case of employment or sponsorship from overseas.

11. The Agency will endeavour to find a replacement within 4 months of th employment commencement date. However, if during this period, Clients make their own arrangements, or cancel their request for a replacement, no refund will be given. Only one free replacement is offered. If The Agency is not able to find replacement within 30 days from the date of request, The Agency will refund 50% of the placement fee.

12. No replacements will apply if the Client has been in breach of any of The Agency's terms and conditions.

13. The Agency does not employ Applicants introduced and any contracts of employment entered into between the Client and the Applicant, be they written or verbal, are between those persons directly. The Client is responsible for complying with all employment, fiscal and other relevant legislation. Our replacement guarantee does not apply in respect of any employment terminated by the Applicant as a result of failure by the Client to comply with all relevant legislation.

14. The Agency cannot guarantee that an Applicant will complete his or her proposed length of stay or engagement.