Last Updated 01/12/2021

Sitter Terms:

It is agreed as follows:

1. Definitions and Interpretation In this Contract, the following words and expressions shall have the following meanings (unless the context requires otherwise):

“Childcare Services” means the services provided by the Childcarer on the terms agreed between the Employer and the Childcarer.

“Childcare Fee” means the relevant fee to be paid by the Employer to the Childcarer in cash or by cheque on conclusion of the Childcare Services as set out on the Website and in Schedule 2 of these Terms and Conditions. agreement between the Agency and the Client for the provision of the Services incorporating these Terms and Conditions;

“Employer” means an individual or individuals to whom the Childcarer is introduced to by Flexi Childcare and for whom the Childcare Services are provided;

“Introduction” means the introduction of the Childcarer to the Employer by Flexi Childcare;

“Members” shall mean: a person, individual and or entity that has a valid account on the website;

“Flexi Childcare” means Miss Rimmer’s Childcare whose registered office is at 3, Maple Court, Cross Street, Sale, Cheshire, M33 7JW.

“Childcarer” means the person introduced by Flexi Childcare to the Employer for the provision of Childcare Services;

“Notice” means a written notice in the form to be decided by Flexi Childcare and which is deemed received by th Employer on publication of such notice on the website.

“Application Form” means the form provided by Flexi Childcare to Childcarers and which must be completed by the Childcarers to the satisfaction of Flexi Childcare.

 

1, INTRODUCTION

  1. Flexi Childcare will only undertake business on the following terms and conditions which are legally binding on all contracting parties.

  2. Flexi Childcare acts as an introduction party only and does not employ the Childcarers.

  3. The Childcarers are under the supervision, direction, and control of the Employer at all times.

  4. Flexi Childcare is not liable for any loss, injury, accident, claim, cost, charge, expense, action or demand whatsoever in any jurisdiction arising from or in any way connected with the Introduction and/ or the provision of the Childcare Services.

  5. The definitions shall apply equally to both singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall be included the corresponding masculine, feminine and neuter forms.

 

2, REGISTRATION

  1. As a Childcarer, you will provide us with such identification documents or other information as we may require setting up your account. You consent to Flexi Childcare carrying out checks on such documents and information, including using third parties.

  2. When the Application Form has been submitted to the Flexi Minders Website, this does not create a contract between Flexi Childcare and the Childcarer.

  3. These terms and conditions shall apply to the arrangement for services and shall supersede any other documentation or communication between parties.

  4. Nothing in these Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Flexi Childcare may be entitled, by virtue of any statue, law or regulation.

  5. Nothing in these Conditions shall be construced as constituting a partnership or joint venture between the parties.

  6. You represent and warrant to Flexi Childcare that:

  1. You are at least 18years old

  2. That you are legally entitled to work in the UK;

  3. The details that you provide to us are accurate and up to date

  4. You have never been convicted of any criminal offence.

  1. Flexi Childcare Is a platform that connects Employers with Childcarers

  2. We do not provide employment services. We do not employ Childcarers. We do not seek to find employment for Childcarers. We do not recommend Childcarers.

  3. Registering and creating an account with Flexi Childcare is free. There is no charge for Childcarers to view posted Employer Bookings.

 

3, APPOINTMENT

1, Flexi Childcare will act as the Childcarers introductory party and will endeavour to negotiate and conclude agreements with Employers in respect of procuring job offers.

2, This Agreement does not give rise to a contract of employment between Flexi Childcare and the Childcarer.

3, Flexi Childcarer will not charge a few to the Childcarer for facilitating Bookings.

 

4, CHILDCARER OBLIGATIONS

1, The Childcarer should not engage in any conduct which is detrimental to the interests of Flexi Childcare, would negatively affect Flexi Childcare relationship with the Employer or is likely to bring Flexi Childcare into disrepute.

2, The Childcarer shall, before the commencement of the Childcare Services, have provided Flexi Childcare with satisfactory evidence of their identity.

3, The Childcarer confirms that they are legally allowed to work in the United Kingdom, and you consent to Flexi Childcare carrying out checks on such documents and information, including using third parties.

4, The Childcarer shall provide Flexi Childcare with the names of two references who the Childcarer agrees that Flexi Childcare may approach at any time for the purposes of obtaining references about the Childcarer. Flexi Childcare collects these references electronically and a referee’s submission is reviewed before a Childcarer account is activated on the website, Flexi Childcare does not speak in person to the individual references. The onus for verifying the validity of a Childcarers specific reference – be it the one provided as part of the Application, or any other reference they provide the Employer with falls entirely on the Employer.

5, The Childcarer will agree to provide Childcare Services to Flexi Childcare at pursuant to the payment’s terms stated in these terms and conditions.

6, The Childcarer will accept the Childcare Fee in cash or cheque from the Employer at the end of each booking.

7, Any changes to the information contained within the Application Form will require the Childcarer to resubmit the amended Application Form that will also be sucject to acceptance pursuant to condition 3.2.

8, If, in respect to any prospective Bookings, the Childcarer is required by law, any professional body or by the Employer to hold or have any experience, training qualification and/ or authorisations, the Childcarer shall provide Flexi Childcare with current and valid copies of such qualifications and/ or authorisations.

9, The Childcarer consents to the disclosure of all relevant information (which is required to progress any application, or which is requested by the Employer) including but not limited to copies of qualifications, authorisations and/ or references, by Flexi Childcare to the Employer.

10, The Childcarer shall immediately inform Flexi Minders should there be any reason or circumstances under which it would be detrimental to the interest of Flexi Childcare, the Employer or the Childcarer for the Childcarer to take up a particular position with a Employer or to continue its engagement with Flexi Childcare.

11, The Childcarer shall inform Flexi Childcare of any interviews arranged between th Employer and the Childcarer, or any informal or formal offers of employment made by the Employer to the Childcarer.

12, If the Childcarer is unable to honour a booking that has been agreed with an Employer the Childcarer shall notify Flexi Childcare as soon as practicable.

13, The Childcarer shall notify Flexi Childcare immediately if there is any reason why they are unable to continue with a Booking with the Employer.

14, The Childcarer is free to undertake any other engagement or employment whilst registered with Flexi Childcare.

15, The Childcarer is not obligated to accept any Childcare Services or Introduction offered to him/her by Flexi Childcare.

16, The Childcarer should ensure that they have their own public liability cover.

17, The Childcarer must confirm the booking with the Employer on the day they are booked for Childcaring.

18, The Childcarer must listen out for the child (children) and ensure they are able to hear any sounds from them

19, The Childcarer must check on the children regularly – particularly young babies (including while asleep)

20, The Childcarer must prepare food, bottles, change nappies, etc if requested by the Employer.

21, Childcarer must understand that he/she may not offer or accept to provide any childcare services to an Employer introduced through Flexi Childcare with Flexi Childcare agreement. Both the Employer and the Childcarer will be liable in damages to Flexi Childcare to compensate Flexi Childcare in respect of all past, present, and future losses which Flexi Childcare has or might suffer by reason of any breach of the undertaking above up to maximum £3000. In addition, the Childcarer will be struck off the Flexi Childcare Register and no further booking will be arranged for him/ her. The Employer will also forfeit 3 months membership and their membership will be cancelled.

22, Flexi Childcare will suspend offering bookings to the Childcarer if Childcarer cancels already accepted bookings on more than three occurrences in the course of any six-month period.

23, Flexi Childcare reserves the right to terminate the agreement at any time without notice or reason.

24, The Childcarer agrees that Flexi Childcare can periodically check their uploaded Disclosure and Barring Service (DBS) certificate againt the DBS Update Service and that the results of these checks can be shared with Clients that the Childcarer has upcoming bookings with.

 

5.CHILDCARERS MAY NOT

  1. Make any booking directly with an Employer

  2. Fail to keep an arranged booking

  3. Be accompanied by any unauthorised person at any time during the booking

  4. Administer any medication to a child without the written instructions and consent of the parents

  5. Smack, slap, or in any way strike a child in their care at any time

  6. Leave the Employer’s home unattended where there is no need

  7. Go in rooms in the Employer’s home unattended at any time

  8. Use any of the Employer’s electrical equipment unless they have been given permission to do so

  9. Use the Employer’s phone to make calls unless for the well being of the child

  10. Smoke, consume alcohol, or use any illegal substances while performing childcare duties

 

6 OBLIGATIONS

1, Flexi Childcare shall endeavour to secure suitable job offers for the Childcarer but shall be under no obligation to find a job offers for the Childcarer at any time.

2, An offer is not made to the Childcarer until details are received by Flexi Childcare from the Employer. Flexi Childcare does not accept any responsibility and shall not be liable for any loss suffered by the Childcarer by reason of the Childcarer’s decision to resign from his/her current employment or any existing engagement before or after receipt of the Flexi Childcare or Employer’s offer.

 

7.LIMITATION OF LIABILTY

  1. Nothing in these Conditions shall exclude or limit the liability of the Childcarer for death or personal injury

  2. All parties agree that Flexi Childcare shall not be liable to the Childcarer or to any third party, including, but not limited to the Childcarer’s family or their successors, heirs and assigns, or any other person, for incidental or consequential losses, damages or expenses, directly or indirectly arising from any action or failure to act. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it.

  3. The Childcarer acknowledges that the decision to accept an offer is the sole responsibility of the Childcarer and Flexi Childcare gives no warranty, representation or undertaking as to the history, character, suitability, honesty of any Employer nor as to the completeness, truthfulness or accuracy of any information provided by the Employer. Flexi Childcare gives no warranty, representation or undertaking as to the character, suitability or honesty of the Employer.

  4. The Childcarer acknowledges the risks inherent in participating in a childcare introduction service and hereby waives all rights to any claim for damages from, and relieve, release, and forever discharge from any claim for damages, any and all of Flexi Childcare and any person involved in creating, producing or distributing the Flexi Childcare service or information pertaining to the Flexi Childcare service.

  5. Flexi Childcare does not accept any liability whatsoever for the misrepresentation, loss, damage, injury, delay, claims or expense of any description arising out of an Introduction made by Flexi Childcare.

  6. To the extent permitted by law, Flexi Childcare will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or the services provided by Flexi Childcare.

  7. The Childcarer agrees to indemnify and hold Flexi Childcare harmless from and against any breach by you of these terms and conditions and any claim or demand brought against Flexi Childcare by any third party arising out of the Childcarer’s use of the Website and the Childcare Services provided by Flexi Childcare, including without limitation all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Flexi Childcare in consequence of the Childcarer’s breach of these terms and conditions.

  8. While Childcarer is employed by an Employer from an introduction made by Flexi Childcare and while travelling to or from an Employer, Childcarer undertakes to keep Flexi Childcare and all persons who may be employed by it or associated with it in any way whatsoever, whether by contract or otherwise, fully and effectively indemnified against all costs, claims, damages, expenses or liabilities whatsoever arising from my act, default or negligence.

 

8.PRIVACY POLICY

  1. Please read the following carefully to understand Flexi Childcare practices regarding personal data and its treatment.

  2. Flexi Childcare is committed to protecting and respecting the Childcarer’s and the Employer’s privacy.

  3. These terms and conditions set out the basis on which any personal data collected from the Childcarer, or that the Childcarer provides to Flexi Childcare, will be processed by Flexi Childcare.

  4. Flexi Childcare uses third party providers to:

    1. Cross check the validity of the identity information supplied by the Childcarer against multiple public and privately held data soucrces:

    2. Perform a non-exhaustive background check of the information supplied by the Childcarer againt multiple public and privately held data sources

  5. Flexi Childcare may collect and process data (which includes personal data) about the Childcarer including but not limited to:

  6. (A) information that the Childcarer provides by filling in the Application forms;

  7. (B) If the Childcarer contacts Flexi Childcare, Flexi Childcare may keep a record of that correspondence or notes of any telephone conversations; and

  8. (C) Flexi Childcare may also ask the Childcarer to complete surveys that Flexi Childcare uses for research purposes;

  9. The data that Flexi Childcare collects from the Childcarer may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Flexi Childcare or for one of Flexi Childcare suppliers. Such staff maybe engaged in, among other things, the fulfillment of the Childcarer’s Agreement and the provision of support services. By submitting the Childcarer’s personal data, the Childcarer agrees to this transfer, storing or processing.

  10. The transmission of information via the Internet is not completely secure. Flexi Childcare will use reasonable endeavours to protect the Childcarer’s personal data, but do not guarantee the security of data transmitted to the Website. Any transmission of such data is at the Childcarer’s own risk. Once Flexi Childcare has received the Childcarer’s information, they will use strict procedures and security features to attempt to prevent unauthorised access.

  11. Flexi Childcare uses information held about the Childcarer in the following ways (including but not limited to):

  12. (A) ensure that content from the Website is presented in the most effective manner; and

  13. (B) provide the Childcarer with information, products or services that the Childcarer requests from Flexi Childcare or which Flexi Childcare feels may interest the Childcarer, where the Childcarer has consented to be contacted.

  14. Flexi Childcare may disclose the Childcarer’s personal information to third parties (including but not limited to):

  15. (A) in the event that Flexi Childcare sells or buys any business or assets, in which case Flexi Childcare may disclose the Childcarer’s personal data to the prospective seller or buyer of such business or assets;

  16. (B) if Flexi Childcare or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Childcarers will be one of the transferred assets;

  17. (C) if Flexi Childcare is under a duty to disclose or share Flexi Childcare personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions and other agreements; or to protect the rights, property, or safety of Flexi Childcare, their Childcarers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

  18. Flexi Childcare will provide the Employer with information about the Childcarer including but not limited to the name, relevant experience and contact telephone number of the Childcarer and any other information relevant to the provision of Childcare Services which may be undertaken or which has been undertaken.

  19. The Website may, from time to time, contain links to and from the Websites of Flexi Childcare’ partner networks, advertisers and affiliates. If the Childcarer follows a link to any of these websites, the Childcarer should note that these websites have their own privacy policies and that Flexi Childcare does not accept any responsibility or liability for these policies. The Childcarer should check these policies before submitting any personal data to these websites.

  20. Any changes Flexi Childcare may make to the privacy policy in the future will be posted on the Website.

9.INDEMNITY

  1. The Childcarer undertakes to indemnify and keep fully indemnified Flexi Childcare at all times from and against any actions, proceedings, claims, demands, costs (to include without prejudicing the generality of this clause, the legal costs of Flexi Childcare), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by the Childcarer of any of the Childcarer’s obligations, undertakings or warranties as set out within these Conditions.

10.ASSIGNMENT

  1. This Agreement is personal to the Childcarer and the Childcarer shall not be entitled to assign their rights or obligations or delegate its duties under this Agreement without the prior written consent of Flexi Childcare .

 

11.SEVERANCE

  1. If any term or provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

12.WAIVER

  1. The failure by either party to enforce at any time or for any period any one or more of these terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions.

13. TERMINATION OF THE RELATIONSHIP

  1. The relationship between the Childcarer and Flexi Childcare may be terminated by the Childcarer upon written notice to Flexi Childcare (by email) ("Cancellation Notice").

  2. The Cancellation Notice is deemed received and applicable only when Flexi Childcare acknowledges receipt of the Cancellation Notice.

  3. Flexi Childcare may acknowledge receipt of the Cancellation Notice by email.

  4. Until such time as Flexi Childcare acknowledges receipt of the Cancellation Notice, the Childcarer’s details will continue to be held on Flexi Childcare database.

  5. The relationship between the Childcarer and Flexi Childcare may be terminated by Flexi Childcare at any time without notice or reason.

  6. Our placement service is governed by different terms and conditions, which are available in the footer of the website. Those terms are expressly incorporated into these terms of use by reference and will apply to your use of our placement service.

 

14. ENTIRE AGREEMENT

  1. These terms and conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.

 

15. GOVERNING LAW

  1. These terms and conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

16. EXECUTION

  1. SCHEDULE 1

  2. Payment to The Childcarers (to be paid to the Childcarer in cash or by cheque)

  3. From £9.50 per hour

 

17. DECLARATION – CHILDCARER DECLARES THAT

  1. Childcarer has never been convicted of any criminal offence at any time.

  2. Childcarer has not been refused registration for nursery day care, childminding or any other childcare.

  3. Childcarer has not been convicted of, investigated in relation to or committed any offences related to children.

  4. No children have ever been removed from his/her care or prevented from living with him/her.

  5. Childcarer has never been associated with any childcare facilities which has been in breach of childcare regulations.

  6. Childcarer is aware of the Disqualification for Carers and Children Regulations 1991 and none of the circumstances set out in the regulations apply to the Childcarer;

  7. Childcarer is in good health and does not suffer from any medical condition that could affect the safety of the children in the Childcarer’s care.

 

18. TERMS OF USE FOR CHILDCARERS

  1. As a Childcarer of the Flexi Childcare website you agree not to engage in activities that could be construed as indecent, offensive or otherwise illegal nature. Any such activities may result in prosecution by the England and Wales authorities under the relevant Criminal Acts including but not limited to the Computer Misuse Act 1990, the Protection of Children Act 1978, the Criminal Justice Act 1988 and the Prevention of Harassment Act 1997. Childcarer are advised that Flexi Childcare cooperates fully with all law enforcements agencies in the England and Wales and other regions as well.

  2. Under the Electronic Commerce (EC Directive) Regulations 2002, Flexi Childcare is in general not liable for any criminal or pecuniary penalty for any unlawful acts carried out using our service unless we have actual knowledge of those unlawful acts.