AGREED TERMS:
1. INTERPRETATION
1.1 The definitions and rules of interpretation in this clause shall apply to this Agreement.
Actual vacancy
- the company’s vacant positions
Agreement
- this contract between the company and the client for the provision of the services outlined herein; in the client’s detail forms; and other platforms specified by the company; which incorporates each Notice of fees and Conditions of Service.
Announced vacancy
- one or more vacancies published or otherwise advertised by the company for the recruitment of its caregivers
Assignment
- shall have the meaning set out in the scope of services in this agreement
Caregiver
- worker – male or female; employed by the company to provide services in the home, school, office or other place designated by the company for the client.
Delayed payment
- payment made outside or exceeding the date specified by the company in the Notice of Fees or other similar documents
Extended Assignment
- refers to any chore or task extending beyond the normal/regular hours of work; and including tasks that fall outside the scope of the company’s operations.
Nanny
- female or male worker employed by the company to provide services in the home, school, office or other place designated by the company for the client.
Notice of fees
- the document(s) or other correspondence supplied to the client setting out the fees payable for the services; as amended or reviewed from time to time. For the purpose of this agreement, this Notice of Fees shall also be referred to as ‘Notice of payment’.
Screening
- all vetting, medical checks and verification of legal documents, references and other documents specified by the company
1.2 Clauses, schedules and paragraph headings, shall not affect the interpretation of this agreement.
1.3 Reference to “the Company” shall mean the caregiver’s employer – Omugwo.com.ng services limited.
1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
2. SERVICES
2.1 The company acts as the employer for caregivers2.2 The company agrees to screen, vet, and recruit caregivers, for the purposes stated in the client detail form and other correspondences incidental thereto.
2.3 After receiving notification or advice from the client, requesting for a caregiver/nanny, the company agrees to give the caregiver to the client – after all legal and other protocol have been duly followed.
2.4 The scope of work permitted under the caregiver’s contract of employment, client detail form or other similar correspondence shall serve as a binding, enforceable contract for all interested parties – the company, client and caregiver.
2.5 Unless expressly agreed between the company and client, there shall be no extra hours, extra days of work or extended assignments for the caregiver outside that agreed between the company and client. For the purpose of this agreement, extended assignments refer to any other task or chore carried out by the caregiver for the client – that falls outside the terms of this agreement and other documents incidental thereto.
2.6 Extended assignments and other services not agreed upon between the company and client on the one hand; and the company and caregiver on the other hand, are expressly prohibited.
3. PART PAYMENT, LATE PAYMENT AND DEFAULT IN PAYMENT
3.1 Unless otherwise stated by the company, the services of the caregiver shall be paid in full; in one single payment – depending on whether it is a daily, weekly, monthly or au pair service.3.2 The company shall not accept part payments or payments in installment – unless expressly demanded by the company.
3.3 Where a notice of payment has been made by the company to the client, the client is expected to make payment within two days from the date of the notice.
3.4 Where there are circumstances that make payment impossible within 24hours (1day) from the day of the notice of payment, the client shall inform the company immediately; and other/alternative arrangements will be made in the circumstance.
3.5 The company shall not accept any willful default in payment for its services.
3.6 For the purpose of clarity, willful delay in making payment, two days after the notice of payment shall be treated as late payment. However, where this delay continues for seven days (weekends and weekdays inclusive), without a notice from the client, of any hindering circumstances, it shall be treated by the company as a default in payment.
3.7 Where there is default in payment that extends up to seven days (weekends inclusive), the Company reserves the right to suspend its services with the client, without any further notice.
4. NOTIFICATION OF EXCEPTIONAL CIRCUMSTANCES
4.1 Where accidents, emergencies or other circumstances beyond the caregiver and client’s control occur, there shall be a leeway permitting extra work time. In such circumstances, the company and client shall negotiate for additional payment or charges to cover this extra assignments or extra hours of work.4.2 The client is not allowed/permitted to enter into any form of agreement or negotiations with the caregiver. For the purpose of this contract and services incidental thereto; all negotiations before, relating to; and after the termination of service, shall be done by the company, solely.
4.3 All activities carried out between the client and caregiver after the termination of the caregiver’s contract of employment; shall be the sole concern of the client. In cases of termination of contract between the company and the caregiver, the client shall be clearly and duly informed. In the event that the client carries on with the caregiver – after the caregiver’s contract is expressly terminated; all previous arrangements relating to medical; legal screening or other vetting carried out by the company shall cease to be valid.
5. PERMISSION TO VISIT THE COMPANY/LEAVE TO TRAVEL
5.1 The client agrees to release the caregiver/nanny to make visits to the company in order to update the caregiver’s personal details regularly; attend periodic training sessions at the company; and in order for the company to carry on periodic vetting/screening on the caregiver. In any event where the attention of the caregiver/nanny is required, the client shall be duly notified.5.2 In the case of a live-in or au pair caregiver, the client agrees to release the caregiver/nanny to go on an annual leave for a period of two weeks; either as a whole; or on different days – such days to be agreed upon between the company and client; and company and nanny.
5.3 The client is not permitted to release the nanny/caregiver on a holiday or leave, without the consent of the company duly sought and obtained.
6. CONFIDENTIALITY
6.1 Neither party shall during and after termination of this agreement, without the prior written consent of the other party, use or disclose to any other person any information of the other party which is identified as confidential or which is confidential by its nature.6.2 Each party shall on demand and on termination of this agreement surrender to the Client all materials relating to, or covering any such confidential information in his personal (or representative) possession.
7. TERMINATION OF CONTRACT
As per the terms of this contract; the client detail forms and other contracts incidental thereto, the following shall serve as grounds for the termination of this contract of service between the company and client:7.1 Where the client subjects the caregiver to ill-treatment; maltreatment, and or torture of any form. Such acts of torture include (but not limited to); flogging, beating, any other form of physical abuse; rape or any other form of sexual harassment, etc.
7.2 Molestation of any form, by our client on our caregiver shall not be permitted and where such incidences occur, we shall not hesitate to take up appropriate legal actions.
7.3 Willful and persistent refusal by the client to make payment for services rendered by the company shall also be a ground for the termination of this contract of service.
Note further, that `SAVE in the event of a criminal or other allied investigation by law enforcement agencies; in response to an order of court; declaration or judgment, all clients’ details and personal information are being held in confidence by Omugwo.com.ng and will not be divulged or disclosed to any third party, for business, personal or other purposes.
Do you agree to these terms and conditions of service and confidentiality clause.