TBSC CORP LTD TRADING AS THE BABYSITTING CLUB
Terms & Conditions
(Childminders)
1. General
1.1. These terms and conditions (“T&Cs”) of TBSC Corp Ltd (company number: 14059929) trading as The Babysitting Club (the “Agency”, “We”, “Us”, “Our”) set out the terms and conditions under which the Agency will make Introductions to You.
1.2. On making an application for registration with Us, the Childminder will be deemed to have agreed to these T&Cs, as being legally binding on the Childminder and the Agency.
2. Interpretation
2.1. For the purposes of these T&Cs the following capitalised terms shall have the
following meanings:
Basic DBS
Booking
Booking Fee
Business Hours
Childminder or You:
Childminder Services:
Content
Engagement:
Employer:
Hourly Rates
Introduction:
Relevant Personal Data:
Site
2.2. In these T&Cs, unless the context otherwise requires:
2.2.1. each gender includes the other genders;
2.2.2. the singular includes the plural and vice versa;
2.2.3. references to clauses and sub-clauses are to clauses and/or sub-clauses of these T&Cs;
2.2.4. the words ‘include’, ‘includes’ and ‘including’ or similar words are deemed to be followed by the words ‘without limitation’;
2.2.5. references to the T&Cs, any specified clause in the T&Cs, any other document or any specified clause in any other document are to these T&Cs, that document or the specified clause as in force for the time being and as amended varied, novated or supplemented from time to time; and
2.2.6. references to ‘writing’ or ‘written’ includes email.
a current and valid copy of a Childminder’s criminal convictions and cautions.
a confirmed (in writing or otherwise) scheduled start and finish time You have agreed with an Employer for You to deliver Childminder Services to the Employer.
the amount You have agreed with an Employer as payable to you by the Employer for a Booking at the Hourly Rates indicated on Our Site or Our App for such Booking.
7:00am - 8:00pm (Monday-Friday) and 9:00am -5:00pm (weekends and bank and public holidays in the UK).
a self-employed experienced childcare professional registered with the Agency who is available to provide babysitting or nanny services to an Employer.
the provision of childcare and babysitting services by the Childminder to an Employer pursuant to an Introduction made by Us.
images, graphics, texts, icons, HTML codes and other material on Our Site or Our App.
information relating to any criminal proceedings in which you have been involved, for insurance purposes and in order to comply with legal and regulatory requirements and obligations owed to third parties.
a parent, custodian or guardian of a child, being a client of the Agency, for whom the Childminder is seeking to work in relation to the provision of the Childminding Services.
the Childminder commencing work and thereafter working for the Employer in providing the Childminder Services pursuant to a Booking.
the introduction by the Agency of a Childminder to the Employer via Our Site or Our App including, but not limited to, providing a Childminder’s information or CV to an Employer for consideration for a job opportunity.
the hourly rates disclosed from time to time on our Website for the employment or engagement by an Employer of a Childminder.
3. Registration as a Childminder
3.1. Upon Your application to Us to be registered by Us as a Childminder, you must complete a form via Our Site or Our App before You are interviewed or officially set up in the Agency’s books as a Childminder.
3.2. You acknowledge that until the Agency receives all required information from You, including a current and valid DBS certificate, it will not submit your CV to Employers on your behalf. It is your responsibility to renew DBS certifications if they expire whilst you are on the Agency’s registered books.
3.3. If you hold additional certifications (e.g. first aid certificates etc), the Agency requires photographic evidence or scanned copies showing the expiration date. These will be kept on file and if these are not renewed after expiry, such credentials will be removed from your CV.
3.4. If You successfully gain an interview to become registered as a Childminder,
You accept that We or any Employer may request a phone call or trial as part of Our selection process. Trials will be paid at the agreed Hourly Rate.
3.5. Upon completion of the above, You unconditionally agree that the Agency may at its discretion, utilise and disclose necessary information provided by you to enable the Agency to secure You Engagements through Introductions, subject to the provisions of these T&Cs.
3.6. You acknowledge that You are a self-employed, free agent and are not employed by the Agency. As such, the Agency is not legally or otherwise responsible for any act, default or omission of any Childminder. Childminders are not required by Us to work for any specified time or for any particular Client.
3.7. You warrant to the Agency that:
3.7.1 all information provided or to be provided to Us is or will be
accurate and up-to-date; and
3.7.2 You do not have a criminal conviction (other than for minor road traffic offences).
4. Bookings
4.1. We will introduce You to relevant Employers for the provision by you to them of Childminding Services. The Employer will let us know their requirements and we will use our reasonable endeavours to match you with an Employer for making a Booking. If we are able to make such a match we will confirm the Booking with You and the Employer.
4.2. The Childminder agrees to inform the Agency via Our Site or Our App or by email or telephone of any cancellation by the Childminder as soon as possible with a minimum of 24 hours notice (if possible).
4.3. Any Booking that is cancelled by the Employer with more than 24 hours’ notice is subject to a fee of 25% of the agreed Booking Fee. Any cancellation by the Employer with less than 24 hours’ notice is subject to a fee of 100% of the Booking Fee.
4.4. The Agency has the authority to instruct the Childminder to cease working for an Employer until all Booking Fees have been paid in full.
4.5. The Childminder agrees that it will not commence work until instructed to do so by the Agency. Any additional work after the first Booking must be rebooked through the Agency.
5. Obligations relating to an Engagement
5.1. The Employer has agreed with Us that, wherever a Childminder delivers Childminder Services to the Employer:
5.1.1. this will be into a clean, safe, healthy and pleasant environment for that Childminder and any child.
5.1.2. The Employer will be pleasant and courteous in dealing with Childminders;
5.1.3. no child will be ill or suffering from any infectious or contagious illness.
5.1.4. the environment where a Childminder delivers their childminding services complies with all applicable laws and regulations of England and Wales including any relating to pandemics or infectious illnesses.
5.2. If the Employer fail to provide a safe environment for the Childminder, the Employer will be wholly liable for any losses permitted under English law suffered by the Childminder.
5.3. If any disputes or disagreements arise between the Employer and the Childminder these should be resolved by You with the Employer. The Agency accepts no responsibility in resolving any such disputes or disagreements that may arise.
5.4. If Childminder Services are provided after 10:00pm, Employers are to cover the cost of a taxi or Uber for the Childminder to their registered home address limited to a maximum of £15 (any costs in excess of this amount must be agreed in writing between the Employer and Childminder).
6. Your Responsibilities
6.1. You must arrive on time for an Engagement and should allow for travel delays. If You are unavoidably running late, it is your responsibility to notify the Employer and the Agency.
6.2. You should not attend an Engagement if you are suffering from any infectious or contagious disease. In those circumstances, it is your responsibility to notify the Employer and the Agency as soon as possible.
6.3. As a person caring for our Client’s children, You are to be reliable, courteous, enthusiastic and to use your initiative at all times in the proper performance of the Childminding Services. You must behave in a professional and appropriate manner at all times. You must maintaining the child’s safety; entertain the child in an appropriate manner and be responsible for the changing of nappies (if the child is not potty-trained).
6.4. Whilst there is no set uniform, We expect You to be presentable at all times. Please refer to the information on Our Site or Our App for additional guidance.
6.5. You must keep children engaged through creativity, keeping TV and tablet time to a minimum (unless explicitly specified otherwise by the Employer).
6.6. From the commencement of and at all times during an Engagement, You must not be under the influence of drink or drugs or other mood altering or intoxicating substances.
6.7. You are not permitted to have any friends, family or partners with You whilst performing the Babysitting Services.
6.8. At no times during an Engagement are You to leave the children alone. If You feel threatened or unsafe and You wish to terminate the Engagement, You should contact Us immediately if the children would be left alone.
6.9. At the end of the Engagement you must leave the environment as You found it at the commencement.
6.10. You are not to use the Employer’s telephone or audio-visual communication systems save in an emergency or as authorised by the Employer. You must not use Your personal mobile devices during the Engagement, with the exception of directions to venues, music for entertainment purposes or for emergencies.
6.11. You must not exchange or accept any personal information with or from the Employer unless authorised to do so by the Agency in writing.
6.12. Should You be contacted directly by the Employer or by any persons associated with the Employer, to whom you have been Introduced within a 12-month period, You will notify the Agency immediately.
6.13. You will not make any private bookings or provide Childminder Services to an Employer other than through the Agency.
7. Relationship of the Agency and Childminders
7.1. We are an agency making Introductions and not Your employer. Your
employer is the Employer who will employ you directly.
7.2. As we do not employ you:
7.2.1. you are responsible for submitting your self-assessment to HMRC and paying your own tax on your earnings. The Agency accepts no liability for any tax payments that you owe or may owe.
7.2.2. the Agency does not accept any responsibility for accident, injury, illness loss or damage incurred by You or the Employer or any other person unless caused by Our own negligence.
7.2.3. The Agency is not responsible for Your travel expenses whether within the United Kingdom or international travel.
8. Payments
8.1. To facilitate payment to you of Booking Fees we have agreed with the Employer to provide a payment service. The Employer with therefore pay the Booking Fee to Us at the time of the Booking.
8.2. The Booking Fee will be held by us and paid to you within seven days of completion of the Engagement. We will issue You online or via Our App with an invoice for the Booking Fees.
8.3. The Booking Fee and Hourly Rate details will be made available on Our Site or Our App.
8.4. Your Invoice for Booking Fees may include additional costs such as but not limited to:
8.4.1. travel fares incurred by the Childminder whilst with the children (e.g. taxis, bus, tube);
8.4.2. taxi fares for the Childminder up to the limit of £15; and
8.4.3. snacks (up to a maximum of £3 per child subject to the delivery of a receipt by the Childminder to Us).
9. Termination
9.1. We may, in Our absolute discretion, terminate your registration as a Childminder at any time and for any reason. We are unlikely, however, to terminate unless you are in breach of these T&Cs or You have or we suspect you are having private dealings with any of our clients other than through an Introduction made by the Agency.
9.2. If we terminate the contract with You your permission to use Our Site or our platform or Our App will automatically terminate.
9.3. We reserve the right to immediately block, restrict, disable, suspend or terminate your access to any or all of Our Site or Our App or Our Content.
10. Liability
10.1. You shall indemnify the Agency against any loss, damages, costs or expenses which are awarded against or incurred by the Agency as a result of any claim or threatened claim (including any claim or threatened claim by a third party) arising out of or related to:
10.1.1. any breach by You of any of these T&Cs or applicable law;
10.1.2. Your misuse of Our Site or Our App ,
10.1.3. Your infringement of Our intellectual property rights; and
10.1.4. Your failure to provide Us with accurate, up to date information.
11. Equality and Diversity
We are committed to promoting equality and diversity in all of our dealings with Clients, Childminders, third parties, employees and contractors. Please see our Website for a copy of the Agency’s Equality and Diversity Policy.
12. Our Site and Our App
12.1. The Agency grants You a licence to use Our Site or Our App on such devices as you require (e.g. phone, tablet, computer) subject to these T&Cs.
12.2. These T&Cs do not grant you a licence to use our trade marks or the trade marks of any third parties onOur Site or Our App.
12.3. The Content of Our Site or Our App is protected by copyright and other intellectual property rights. Except as provided in these T&Cs or otherwise provided in writing by the Agency, You are not granted any licence to use the Content of Our Site or Our App otherwise than in connection with the supply to you of Agency Services.
12.4. You shall not copy, republish, link, download, transmit, modify, adapt, rent, lease, loan, sell, distribute, licence or sublicence Our Site or Our App or any Content on Our Site or Our App unless you have obtained prior written consent from the Agency.
12.5. Our Site or Our App contains links to third party advertisements, apps and websites. Access to any other site linked within Our Site or Our App is at the Clients own risk. The Agency does not endorse or make any representation about any third-party websites or apps or accept any liability for the accuracy, or reliability of any information, opinions, or statements made on any third party
websites or apps.
13. Privacy and Confidentiality
13.1. Our privacy policy is available at https://www.thebabysittingclub.co.uk/privacy- policy.
13.2. Subject to our privacy policy, all information received by the Agency will be treated as confidential and We shall not disclose information to any other third party without Your consent unless required under English law or by any regulatory body.
13.3. Notwithstanding the above, You acknowledge that, by your acceptance of our T&Cs, the Agency may disclose some or all of the information received by the Agency to our Clients in order that we may make Introductions..
13.4. If You take photographic and/or video evidence of your children, both in and out of the home, for the purposes of sharing it with Employers the Agency does not accept any liability for these actions of the Childminder.
14. Miscellaneous
14.1. Our provision of our services may be disrupted by causes beyond our reasonable control, such as severe weather and industrial action.
14.2. You cannot assign or transfer the benefit of these T&Cs without the prior written consent of the Agency.
14.3. A failure by the Agency to exercise or enforce any rights granted by these T&Cs will not be considered to be a waiver of any such right nor operate so as to prohibit the exercise or enforcement of such right or of any other right.
14.4. If any provision of these T&Cs is held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions shall continue in full force and effect.
14.5. We reserve the right to amend or update these T&Cs at anytime. For the avoidance of doubt, any changes will not affect Bookings that have already been made.
14.6. These Terms & Conditions and the contract between the Agency and You incorporating these Terms & Conditions constitutes the entire agreement between You and Us and replaces all previous agreements, understanding and arrangements between us, whether in writing or oral.
14.7. A person who is not a party to these Terms & Conditions and the subsequent agreement between us incorporating them, will not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms & Conditions.
14.8. These T&Cs and any dispute relating to them (including any non -contractual disputes) shall be governed by the laws of England and all parties submit to the exclusive jurisdiction of the courts of England and Wales.
22 Manchester Square
London, W1U 3PT
Tel: +44 (0) 20 7725 1313