Service Agreement

This contract is between Mothers Help Services Pty Limited (the "Business") and ____ (the "Client") dated 01/10/2022. The Client is hiring the Business for the services described in this contract. Terms SERVICE TERMS Mothers Help Services Pty Ltd (ACN 658121405) t/as Mothers Help (“we”/”us”) are a housekeeping, decluttering and organisation and casual child minding service. We provide help for parents, mothers and guardians. We conduct thorough interviews, background checks, and a screening process before allowing any Helper to join our Register. It is a pre- condition of using our service that you must not under any circumstances contact any Helper directly or provide a Helper’s information to a third party.

 

BOOKINGS

In order to book a Helper, you need to book through our website, via phone or email, or social media message. Prepayment must be made at the time of booking to secure your booking. When making a booking, you warrant that you are the legal parent or guardian of the child(ren) and have the authority to book the Mothers Help Session in the home. You will be required to provide various information, including, but not limited to your current home situation (including pets), whether you will be at home, how to access the property, information about children and ages, and your expectations. You must notify us of any medical illnesses in your household and food allergies of the children at the time of booking. You warrant that the information provided when booking is true and correct. We may at our sole discretion accept or decline any booking. You may book a Helper for housekeeping for any length of time, however, there is a Minimum Session Fee that is payable (minimum 2 hours service). Child Minding sessions are short, casual minding sessions, with a maximum of 60 minutes within your booked session. The minimum age for our child minding service is 4 months of age. For children within 4-6 months of age, the parent / guardian must remain in the home, while taking a break or working elsewhere in the house. For children 6 months and older, Mother’s Helpers will mind your child(ren) for a maximum of 90 minutes. Where child-minding is required, you acknowledge that housekeeping must be kept to a minimum as the Helper’s main focus and priority is to your child(ren). You acknowledge that Mothers Help is not a babysitting or nanny service, rather a support service to allow you a short break/tend to your work. A maximum of 2 children can be minded by our Helpers at any given time. Home Organisation and Decluttering, our Helpers will be instructed by You to undergo any organisation and decluttering. Any equipment required to successfully reorganise your spaces will need to be purchased at your own cost. Should you require the Helper to purchase the equipment on your behalf, our time is chargeable and the normal hourly rate, within a minimum of 30 minutes per errand.

 

NO GUARANTEES FOR VARIATIONS TO BOOKINGS

Whilst we will make all reasonable efforts to supply the Helpers you require, we cannot guarantee the services of a particular Helper, or a Helper at all. On occasion a Helper may become ill, or there may be an emergency situation. You also acknowledge and agree that we do not perform any residential deep cleans, oven cleaning, window cleaning, gardening, administering of medication or application of any skin or other treatments (except in the case of emergency), dog walking, ironing, long term childminding or educational services. You acknowledge that we are unable to provide support where there is a need for heavy lifting (above the capability of the Helper) or working at heights. For bookings involving casual child-minding, it is agreed and understood that Helpers are supplied based on the number of children booked for the Session (maximum 4 children under the age of 8 years old per Helper), in the event that the number of children exceed the number booked, then by law there may be a need to acquire additional Helpers. In the event that additional unexpected children attend they also may not be able to be cared for as there may not be enough Helpers available at such short notice. Any changes to your Booking may be agreed or otherwise at our sole discretion. For organisation and decluttering bookings, you acknowledge that certain jobs will require additional storage solutions, or equipment to fulfil the task. Any and all equipment or storage solutions required to complete the task will need to be purchased by you. Our Helper's are able to advise and recommend suitable products. Shopping for these products can be arranged, but a session time must be booked in order to undertake this task.

 

SICKNESS AND COVID-19

You must notify us if you, your child, or any family members are sick, even at late notice. You acknowledge and agree that Influenza and COVID-19 is extremely contagious and is believed to spread from person to person contact and the Session will involve close personal contact with you and your belongings. You further acknowledge and agree that you or your family may be exposed to or infected by COVID-19 during the Session and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You confirm that your participation (and that of your minor child/ren and family) in the Session is voluntary and that you (and your child/ren and family) knowingly assume all risks of Influenza and COVID-19 transmission as indicated above.

 

Whilst there are no longer Government imposed isolation restrictions for COVID-19, Mothers Help cannot attend an appointment in your home for 7 days from a diagnosed case of COVID-19.  24-Hour Cancellation Fee still applies to COVID-19 cancellations. If you are unwell, please take a test with enough pre-warning.

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THE SESSION

Session booking times will be kept to as agreed where possible, please allow for +/- 30 minutes for any unforeseen delays (e.g. traffic). You acknowledge and agree that the Helper will be required to undertake a Risk Assessment of your home at the beginning of your first session by inspecting and assessing your home. At each session, you must provide instruction of preferred housekeeping tasks to undertake throughout the Session. Otherwise, if you are prepared to allow the Helper to use their initiative, you must advise that you are happy for them to do so. To ensure the Helper is able to properly attend to all housekeeping, decluttering and organisation, and attend to care for your child or children you must:

• be present for your first session

• ensure you are at the Location at the start of the Session time;

• for subsequent sessions, you must notify your Helper if you will not be home, and explain how to access and leave your property

• ensure that all basic cleaning and tidying equipment and supplies are available for our Helpers, including but not limited to a vacuum cleaner, cleaning products, linen for changes, dishwasher equipment, washing machines, laundry detergents and dryers etc.

• notify us of any parking instructions. Street parking, off-street parking, visitor parking. Where paid parking is the only parking option within a 50m distance from your home you will be responsible for the Helpers parking fees for the duration of your appointment. These will be added to your booking fees.

• outline to the Mother’s Helper any specific chemicals or cleaning products you use on different surfaces (i.e. do not use harsh detergents on stone bench top, use only leather cleaner on leather couch - as an example).

• remind the Helper at the beginning of the Session of any medical illness and any food allergies and emergency treatment;

• ensure you provide the Helper with a safe place to work and notify them of any potential hazards (for example, slippery moss on entryway, uneven stairwell, loose carpet trip hazards, hot and/or sharp objects)

• ensure that any pets are restrained, and are in no way a danger, or hindrance to the Helper. If you are not home, all pets must be kept outside. 

• provide the Helper with all medications and medical equipment that the child may require in an emergency situation and instructions in relation to any administration of medication in writing; and

• ensure that the Helper understands what to prepare in the way of meals for the child, where nappies, pull-ups and/or spare underwear are kept, their sleeping habits, and any other behavioural or relevant information.

• ensure that the Helper is provided with all equipment required to successfully look after your child(ren), including but not limited to, carseats, clothes, nappy bags etc.

 

EMERGENCIES

In the case of a medical emergency the Helper will first contact an ambulance or paramedical service and then notify you unless you indicate that the Helper is to make contact with you initially. If you do not respond to the Helpers attempts to contact you by phone within 1-2 minutes the Helper will make attempts to contact an ambulance or paramedical service or other contact nominated by you. You acknowledge that you will be responsible to pay any fees for medical attention obtained for your child / or yourself in a case of emergency (including but not limited to ambulance fees).

 

FEES

To secure a booking you must first enquire, agree to the date and time and pay the Fee via invoice. First appointment will be issued an Invoice. Repeat clients may be given the opportunity to set up "Autopay" through Xero invoicing, for future, seamless payments.

 

Invoices have a 7 day payment term, with $20 penalty for late payments.

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Regular clients fees will be charged to card saved on file on the morning of the appointment. Receipt to email will follow shortly thereafter. You will also be required to pay all Additional Fees including credit card surcharge of 2.2% (as at 2022). Our Helpers will not pay for any groceries, home supplies, or any other additional costs in relation to the home help unless you have first provided your agreement to the expense in writing.

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Your session time is pre-agreed to. Should you wish for the Helper to stay longer than initially agreed, this request must be made in writing via email to info@mothershelp.com.au or text message. The message must include request for extension by how many hours. Invoice for the additional hours will be sent and due within 24hrs. 

 

A Travel Fee will also be charged for travelling to and from the Location where it is outside our service area on any given day / time. A quotation will be provided at time of booking. For child minding, where you have returned later than the Session end time, you must pay for any additional time in addition to the quoted Fee. This is to be calculated on a pro-rata basis of the hourly Rates, in 30 minute increments (i.e. 10-30minutes late will incur 30 minute charge, 31- 60 minute late will incur a 1 hour charge). Where you have required the care of additional children, this must also be paid for.

 

If you require the Helper to run errands for you, you must also reimburse the Helper for any reasonable parking fees, and travel fees during the Session at the rate of one dollar ($1) per kilometre. Any unpaid fees will incur a $20 late fee every 7 days. 

 

AUTHORITY

By placing the booking you authorise us to debit your nominated credit card for any agreed and/or Additional Fees incurred under this Agreement. Such additions may arise from variations in the Booking, a failure to pay the correct Fee or for additional time or additional children to the Helper directly, a failure to pay the Travel Fee, parking and other fees and/or cancellations. All credit card transactions shall incur a Transaction Fee. In the event that the credit card is declined then we will contact you directly to obtain alternative credit card and/or payment arrangements.

 

CANCELLATIONS

Where you cancel 24-1 hours notice prior to the Session, 50% of the Fee is forfeited. Any cancellations made within 1 hour of the booked start time you agree you will be charged full booking price for the late cancellation. Whether this be a forgotten appointment, lock-out or similar. In the event that a child has a contagious disease or condition which at the Helper’s or our sole discretion may cause a degree of risk, then we may cancel the Child- Minding Session, and/or the child may be excluded from the Booking for housekeeping support only, at the Helper’s and/or our sole discretion.

 

PHOTOS

Our Helpers may take photos of before and after shots of your home, and will send them to you. You agree that photos of your home may be used for marketing and information purposes unless otherwise requested.

 

PICK UP

You acknowledge that our Helper’s will not allow any other persons to collect your child while in the care of our Helper’s. You must let the Helper know if any one else will be coming to the Location including any other parents or family members. You must also let the Helper know if you will be arriving back late, and your anticipated arrival time.

 

COMPLAINTS AND DISPUTES

In the event that you have any complaints please raise them directly and immediately with the relevant Helper and our manager by email or phone. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will you make public any communications or discussions in relation to the dispute, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

LIABILITY

To the extent permitted by law, our liability is limited, at our option to:- 1. the replacement of the services or the supply of equivalent services; or 2. the payment of the cost of replacing the services or of acquiring equivalent services. You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from the housekeeping service booking or the childminding services. This includes, but is not limited to any loss, personal injury, death, negligence, loss of salary, property damage, loss of enjoyment, or reliance on our services. In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Session. You acknowledge, agree and undertake that you shall be the legally responsible party for any conduct by you in respect of any legal proceedings and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our services, any third party claims.

 

THE GOVERNING LAW AND OTHER MATTERS

This agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter. This Agreement may not be modified or amended except in writing signed by both parties. If any Services have been provided by us before the data of signing of this Agreement, the parties agree that this Agreement applies retrospectively. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement must not be transferred or assigned without the prior written consent of the other party. This Agreement is governed by the laws from time to time in force in the state of NSW Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of NSW for determining any dispute concerning this Agreement.

 

DEFINITIONS

“Administration Fee” means the administration fee we charge you when we need to debit your credit card for unpaid fees.

“Additional Fees” means any expenses required to be paid on your behalf, and may include groceries, home supplies and any fees we can charge under this Agreement in addition to the Booking Fee and the Fee.

“Booking Fee” means the booking fee as advised to you at the time of booking.

“Claims” means any claim under statute, tort, contract or negligence, any demand, awards or costs.

“Fee” means the fee paid upfront by you at the time of booking the Session, and according to the Rates.

“Helpers” means the Helpers listed on our register and who are booked by you. (even if this is just you at the moment “Location” is the location you notify us for the booking.

“Rates” means the rates as advertised on our website from time to time.

“Session” means the housekeeping, decluttering and organisation and casual child minding service session on the dates and times and for the number of children at the Location that you make a booking for.

“Travel Fee” means the travel fee payable by you.

“We, Us” means Mothers Help Services Pty Ltd (ACN 658121405) t/as Mothers Help and includes all our directors, officers, employees, independent contractors, agents, consultants and other representatives.