Terms and conditions

GENERAL PROVISIONS

DEFINITIONS
1. The following definitions apply in these general terms and conditions:
  1. Article: an article from these Terms and Conditions;
  2. User: every visitor who has registered on the Platform with their profile and contact details as a Parent or Babysitter or has otherwise asked Nanny Nina to mediate as a result of which an agreement has been concluded with Nanny Nina of which these Conditions apply;
  3. Servicefee: the fee that Parents purchase from Nanny Nina via the Platform;
  4. Nanny Nina or we: Nanny Nina BV located at Figeeweg 1-P in Haarlem, The Netherlands and registered in the trade register of the Chamber of Commerce under number 78234786;
  5. Parties: Users of Nanny Nina;
  6. Babysitter or Babysitters: any individual who, after being screened by Nanny Nina, presents themselves on the Platform as a babysitter or nanny.
  7. Babysitting service: the provision of babysitting services by a Babysitter for Parents;
  8. Babysitting agreement: the agreement to provide a Babysitter service between a Parent and a Babysitter established via the Platform;
  9. Parents: parents or legal guardians who arrange Babysitting services via the Platform;
  10. Agreement: any agreement between Nanny Nina and the User (including the use of the Platform) and any change and addition thereto;
  11. Platform: www.nannynina.nl and the iOs and Android app from Nanny Nina, the platform on which the services of Nanny Nina are offered and the direct mediation between Users by Nanny Nina;
  12. Conditions: these terms and conditions of Nanny Nina.
2. In writing is also understood as electronic messages, including but not limited to e-mails.
3. The definition of words in the singular also includes the plural form thereof and vice versa. If gender is indicated with regard to persons or parties, that indication also applies to the other gender.

APPLICABILITY OF THE CONDITIONS
1. The Conditions apply to all Agreements and to all other (legal) acts between Nanny Nina and the User, even when those (legal) acts do not result in, or are not related to, an Agreement.
2. The Terms may be unilaterally changed by Nanny Nina.
3. If and insofar as any clause of these Terms and Conditions is declared void or is annulled, the other terms and conditions will remain in full force. Nanny Nina will then adopt a new clause to replace the invalid / annulled clause, whereby the scope of the invalid / annulled clause will be adjoined as much as possible.

PLATFORM
1. Nanny Nina offers Users the opportunity to contact each other on and through its Platform in order to provide Babysitting Services.
2. Nanny Nina is entitled to (temporarily) put the Platform out of use or to limit it in the event that this is necessary, for example, for maintaining or modifying the Platform, without this resulting in any right to compensation for Users.
3. Nanny Nina is at all times entitled to adjust and / or terminate (the content of) its Platform.
4. Nanny Nina in no way guarantees that:
  1. the Platform will work without interruption, be free of viruses, trojans and other errors and / or defects, and that any defects will be remedied;
  2. third parties will not unlawfully use the Platform or the systems of Nanny Nina; and
  3. a Babysitter will obtain a minimum number of Babysitting Agreements via the Platform.

ACCOUNTS AND USE OF THE PLATFORM
1. The user guarantees that all data he provides to Nanny Nina is complete, correct and up-to-date and that he will only use the Platform for himself. Each user can only create one account, that account is personal (and may not be shared) and can only be used by a Parent for Babysitting Services for his own family.
2. By offering data on the Platform, the User gives permission to process this data in accordance with our Privacy Policy.
3. The Platform offers the possibility to post reviews about a Babysitter. Parents will base their reviews on reasonable grounds and will not post texts that are inaccurate, unreasonable, offensive or contrary to good morals.
4. We reserve the right to change, refuse or remove the data or reviews provided by the User, for example, because they are incorrect or unreliable, are in violation of the law or are unlawful towards third parties, without this leading to any right of the User to compensation.
5. We reserve the right for Users to suspend or terminate access to the Platform if the User misuses the Platform, including but not limited to acting contrary to the Terms and Conditions, any clause of Dutch law or the netiquette that are customary on the internet, unabated to Nanny Nina’s right to take further legal measures and to claim compensation. A deleted User is not allowed to create a new account.

RELATIONSHIP BETWEEN PARTIES
1. Nanny Nina only has a facilitating role in establishing the Babysitter Agreements and handling the payment of the Fee under Article 8. There is no employment contract between Nanny Nina and the Babysitter.
2. Nanny Nina is not responsible or liable for the fulfillment of the Babysitter Agreement by Users. In case of questions and complaints, Nanny Nina can, of course, play a mediating role. Please contact us as soon as possible if such a question or complaint has occurred. Nanny Nina is not liable for non-application or incorrect application of the “Home Services Regulation” and any consequences thereof.
3. The Babysitter Agreement is an agreement between Users, to which Nanny Nina is not a party. The “Home Services” Regulation applies to the relationship between a Babysitter and Parents, assuming that the Babysitter does not work for 1 family more than 3 days a week and does not work as a self-employed person. Users are personally responsible for properly reviewing and complying with this scheme. Articles 7.8, 10 and 11 between Users apply to the Babysitting Agreement.
4. Parents will independently give instructions to the Babysitter regarding the performance of the Babysitting service. The Babysitter performs the Babysitting service at its own discretion. Nanny Nina does not interfere in any way with the performance of the Babysitting Services.

ESTABLISHMENT AND CANCELLATION OF A BABYSITTING AGREEMENT
1. A Babysitter Agreement is established when a babysitter request is accepted on or via the Platform for a flexible or permanent babysitter appointment.
2. In the event of direct mediation by Nanny Nina, the Parent who is looking for a Babysitting Service will be offered one or more Babysitter candidates who are considered suitable Babysitters by Nanny Nina.
3. Parents can cancel a Babysitting Service free of charge, but preferably do so at least 4 hours in advance
4. Babysitters can only cancel a Babysitting Service in very exceptional cases (eg in the event of illness) and inform Parents and Nanny Nina at least 4 hours in advance, so that Nanny Nina can make an effort, but is not obliged, to find a replacement Babysitter for the Parents. Nanny Nina is not liable towards Parents if a Babysitter cancels the Babysitting Service.
5. If a babysitter falls ill, she will contact the parents to indicate that she cannot work. The Parent can then place a new request.
6. In the Netherlands the “Regeling Dienstverlening aan Huis” should be followed.
7. If babysitters with recurring appointments want to stop working for a family, a cancellation period of at least 30 days applies to enable the parents to arrange another solution for childcare and sitters to find a new job.

Service fee
1. To be able to use Babysitting Services via the Platform, a Parent must pay the Babysitter via the Platform (app). It is not allowed to pay cash or another payment way in which the payment is not processed via the Platform.
2. Service fee: The service fee for a certain month is debited from the bank account number you registered at the same moment as the payment for the Babysitter.
3. Change Service fee: Nanny Nina reserves the right to adjust the Service fee.
4. Inflation correction: Nanny Nina is entitled to increase its prices with effect from 1st January of each year by means of an inflation correction at the CBS Consumer Price Index

PAYMENT OF BABYSITTING SERVICE
The payment of the Babysitter is always done through the Platform. The payment for a Babysitting service is made up of 3 elements:
a.) The hourly rate of the babysitter is multiplied by the number of hours worked.
b.) The transaction costs for the Platform and the contribution (21% of the babysitter’s hourly fee) for use of the platform.
c.) Parents place a free incidental booking (i) and pay a 14,99 euro membership after the first free trial month when they like the service. Or parents pay a (refunded when no match) 99 euro search fee for recurring bookings (ii) and only after they found a match pay a 35 euro per month membership. Both memberships can be canceled each month with a 30 day cancellation period. In case a permanent booking has been paid in full at once (499,- euros) you will be able to place a free new booking if the nanny stops within 6 months. In case the nanny stops after 6 months, a new request incl a new payment has to be made.
d.) Parents pay Nanny Nina the Fee (i) in an incidental Babysitting service immediately after the end of that Babysitting service via the Platform (the app) and (ii) in a structural Babysitting service based on the number of hours provided weekly by the Babysitter to Parent via the Platform. Nanny Nina is not paid or takes any money from the nannies or au pairs.

LIABILITY NANNY NINA
1. Nanny Nina is not liable for any damage suffered by the User, for whatever reason or in whatever form, unless this damage has arisen as a result of intent or deliberate recklessness on the part of Nanny Nina. In such a case, Nanny Nina is only liable for any direct damage suffered as a result, up to a maximum of 3 times a service fee. Nanny Nina is never liable for indirect damage such as consequential damage, lost profit, lost savings, or damage due to loss of data or damage as a result of an unlawful act.
2. The right to compensation lapses if the claim has not been reported by the User to Nanny Nina within one year after it arose.
3. The user is liable for and indemnifies Nanny Nina, both in and out of court, of all claims from third parties, for whatever reason, with regard to compensation for damage, costs, or interest, related to or arising from the Agreement or the use of the Platform. by User.
4. In the event of force majeure as referred to in Article 6:75 of the Dutch Civil Code on the part of Nanny Nina, it is not obliged to fulfill the obligations under the Agreement. If the force majeure situation lasts longer than 90 days, or as soon as it is clear that the force majeure situation will last longer than 90 days, or as soon as it is clear that Nanny Nina cannot continue to perform, each Party is entitled to terminate the Agreement, unabated to the other person.

INSURANCE AND LIABILITY WARNING
The Babysitter will act carefully and to the best of their ability during the execution of the Babysitting Agreement. If the damage is caused to the family (of the Parent) as a result of performing the Babysitting Service due to an attributable shortcoming of the Babysitter, then the liability is limited to three times the value of the Babysitting Service booked of the case concerned.
In the Netherlands, a Babysitter is insured according to the agreements on the Insurance information at the Nanny Nina website.

COMPENSATION IN THE EVENT OF ANY CONTACT BETWEEN USERS
1. Without payments that are processed by the Platform, A Parent is not permitted to use Babysitting Services of any kind from a Babysitter with whom the Parent has been in contact via the Platform or with whom the Parent has otherwise come into contact via Nanny Nina.
2. If the Parent acts contrary to Article 11.1, he or she will immediately owe Nanny Nina a fine of EUR 500 excluding VAT. The sitter will owe 250 euro excl VAT.

OTHER PROVISIONS
1. Any communication between Nanny Nina and the User can take place electronically, unless the Conditions, the Agreement or the law deviate therefrom.
2. The version of the communication in question stored by Nanny Nina serves as proof thereof unless the User provides proof to the contrary. Electronic communication from Nanny Nina to the User is deemed to have been received on the day of sending unless the User can provide proof to the contrary.
3. The user is expressly not authorized to transfer his rights and obligations under the Agreement to third parties.
4. Parties are obliged to maintain the confidentiality of all confidential and personal information that they have received from each other or from another source in the context of their agreement.
5. There is a 50 euro fine for nannies that do not show up at the first meeting with the parents.

APPLICABLE LAW AND DISPUTES

All Agreements between Nanny Nina and User are governed by Dutch law. All disputes will be settled by the Court of Noord-Holland (location Haarlem), unless Nanny Nina prefers to submit the dispute to the competent court in the User’s place of residence.

v. 01.07.2021

Terms and conditions Nanny Nina