This Service Agreement is being entered into by and between Absolute Best Care, Corp., 274 Madison Ave, NY, NY 10016, 212-481-5705 and the Employer.
The purpose of this agreement is to set forth the obligations of both parties for the employment of in-home Care Specialist candidates as presented to the Employer by Absolute Best Care, Corp. Care Specialists shall include, but are not limited to: Nannies, Newborn Care Specialists “Baby Nurses”,Housekeepers and/or Babysitters. Care Specialists are either live-in or live-out, part-time or full-time, temporary or permanent.
At the Employer’s request, Absolute Best Care, Corp. will recruit, locate and qualify candidates to serve as Care Specialists to Employer. Absolute Best Care, Corp. does not hire or employ any of these Care Specialists.The Care Specialist is to be hired, employed and paid only by the Employer.
The Employer agrees to use all reasonable efforts to reach an agreement for care services with a Care Specialist referred to Employer by Absolute Best Care, Corp. Both parties agree that this process is subjective by nature and the final hiring decision is that of the Employer.
Absolute Best Care, Corp. will make all reasonable efforts to ensure that information provided to the Employer about each Care Specialist is accurate, however, Absolute Best Care, Corp. shall not be held responsible for any inaccurate information provided to Absolute Best Care, Corp. by a Care Specialist or his or her references or other third parties.
Absolute Best Care, Corp. is a referral service and shall not be liable for any damages caused by any Care Specialist referred by Absolute Best Care, Corp. for employment.
Terms and Conditions:
All parties agree and acknowledge that any Care Specialist hired by the Employer will be an employee of the Employer and not an employee of Absolute Best Care, Corp.It is the Employer’s responsibility to make all hiring decisions. All liability associated with the hiring decision will be assumed by the Employer. Absolute Best Care, Corp. will not be part of any employment agreement or contract between the Employer and the Care Specialist referred to by Absolute Best Care, Corp.
The United States Department of Justice, Immigration and Naturalization Service require the completion of an I-9 form. The purpose is to verify an employee’s identity and eligibility to work in the United States. It is the Employer’s responsibility to verify Care Specilaist’s identity by having Care Sepcialist present proof of identification. If applicable, it is the employer’s responsibility to complete the I-9 form. Employer is responsible for verifying all other information pertinent to the decision to hire a Care Specialist candidate. Absolute Best Care, Corp. will not be held liable if Employer did not correctly verify Care Specialist eligibility for employment in the United States.
By no means and under no circumstances will the Employer have the right to make any direct claims of any kind against Absolute Best Care, Corp., its shareholders, directors, employees or any other parties associated to the acts, performance or omissions of the Care Specialist. The Employer waives any and all claims, rights or interests against Absolute Best Care, Corp., its shareholders, officers, directors, employees or any other parties as a result of any action by the Care Specialist, including but not limited to, acts of negligence, theft, abuse or assault.
Absolute Best Care, Corp. will perform background checks for full time placements and Newborn Care Specialist “Baby Nurse” placements. A full time placement is a placement of over 30 hours per week. Absolute Best Care, Corp. will perform background checks for part time, temporary or babysitting placements at employers request and expense. These checks include, but are not limited to, a criminal records check, Social Security trace and DMV check; if driving is part of the job. At Employer’s request, Absolute Best Care, Corp. will disclose all background check results. At the Employer’s request, Absolute Best Care, Corp. will conduct an out-of-state background check, provided that; such search will result in additional fees. This fee will vary from state to state and must be paid and cleared by Absolute Best Care, Corp. prior to such search taking place. Absolute Best Care, Corp. may not be able to perform background search in certain states. Employer acknowledges that Absolute Best Care, Corp. cannot perform background checks in certain states and in foreign jurisdiction. Absolute Best Care, Corp. makes no assurances as to the moral character of any Care Specialist.
Employer will not disclose to any third party any information provided by or prepared by Absolute Best Care, Corp. in relation to this Service Agreement. Both parties understand that the information prepared and provided by Absolute Best Care, Corp. is the proprietary information of Absolute Best Care, Corp. for sole purpose of providing the services set forth in this Service Agreement.
Absolute Best Care, Corp. will not release any personal or identifying information provided to Absolute Best Care, Corp. by the Employer to any third party other than as necessary to perform pursuant to this Service Agreement unless required by any federal, state or local government agencies or authorities.
For all placements, excluding Newborn Care Specialist “Baby Nurse” & Babysitting requests, Employer agrees that all contracts between Employer and Care Specialists are to be in writing. A copy of the written contract between Employer and Care Specialists must be provided to Absolute Best Care, Corp. by the Employer prior to the first date of employment of a candidate. Failure to provide said contract will result in the Employer forfeiting all rights under the Absolute Best Care, Corp.’s Employment Guarantee (detailed in this service agreement). Employer has read and understands the NYS Department of Labor Statement of Employee rights and Employer responsibilities provided on this site. The electronic signature of the Service Agreement will act as the signing of this document.
Indemnification and Hold Harmless:
Absolute Best Care, Corp. shall not be liable for any claims, damages, or injuries of any nature which the Care Specialist might have against the Employer or members of the Employer’s household or any third parties, or any claims, damages or injuries of whatever nature that the Employer, members of the Employer’s household or any other third parties may have against the Care Specialist. The Employer shall protect, hold harmless and indemnify Absolute Best Care, Corp. with respect to any such claims or damages against it.
Employer and Care Specialist are to negotiate the terms and conditions of services as described in the Employers application to Absolute Best Care, Corp. This is to be done in writing in the form of a contract between Employer and Care Specialist. Both Employer and Care Specialist must adhere to all applicable federal and state laws, rules and regulations. Employer will indemnify and hold harmless Absolute Best Care, Corp. from any and all claims arising from such non-compliance of the aforementioned laws.
Absolute Best Care, Corp.’s placement fees are payable by the Employer, and are contingent upon a placement being made by our office. The Employer is to pay the placement fee as it pertains to the service. The registration fee is for full-time, part-time and temporary placement orders. The deposit is only applicable to Baby Nurse Placements and is deducted from the entire bill for such service.
For all full-time, part-time and temporary placement orders, the Employer agrees to pay a $195 non-refundable registration fee. Registration fee is not applicable to “Baby Nurse” placements. Registration fee is to be paid via credit card, money order, bank check or personal check. No services will be provided nor will any other activity continue relating to the fulfillment of the requested position until said monies are received and cleared with our financial institution. This fee is due at the time this Service Agreement is signed and is to accompany a completed family application for said service. The Employer understands that Absolute Best Care, Corp. reserves the right to decline any family application for any reason it deems appropriate.
“Baby Nurse” Deposit:
Employer agrees to pay a $250 deposit. This deposit will allow us to guarantee that a “Baby Nurse” will be present at Employer’s home. This deposit is non refundable and is to be paid via credit card, money order, bank check or personal check. No services will be provided nor will any other activity continue relating to the fulfillment of the requested position until said monies are received and cleared. The $ 250 deposit will be deducted from the placement fee. The total days of service will determine if additional monies are owed which will be billed upon completion of service.
Babysitting Reservation Fee:
Employer agrees to pay a $50 daily non-refundable Babysitting Reservation Fee for all Standard membership Babysitting requests. Employer agrees to pay a $395 non-refundable annual registration fee for all Platinum membership babysitting requests. This fee is to be paid via credit card. No services will be provided nor will any other activity continue relating to the fulfillment of the requested position until said monies are received and cleared. There is a 4 hour minimum on all babysitting reservations. Unless Absolute Best Care receives a 24 hour cancellation notice, the client will also be billed for the 4 hour babysitter minimum charge and appropriate agency fees.
The placement fee for full time and part time permanent placement services is 15% of the caregivers first year’s gross salary. The placement fee for temporary placements is 20% of the total gross amount paid to the caregivers. The placement fee for Babysitting Platinum membership placements is 20% of the total gross amount paid to the caregivers. For all placements, including permanent (full time and part time), temporary, baby nurse and babysitting services, the Employer will pay the placement fee in full prior to the Care Specialist’s first day of service. Temporary placement fees are not applied toward permanent placement fees. For Baby Nurse Placements, Employer will pay $75 per day minus the $ 250 deposit. These rates may be higher in specific cases due to special circumstances such as travel, special needs or other conditions outside typical baby nurse requirements. Baby Nurse Placement fees will be due in advance and at the time the baby nurse is reserved for service. There is a 14 day agency fee ($1050.00USD) minimum for all baby nurse reservations. Cancellation of a Baby Nurse reservation before use of the service will result in a refund of 50% of the placement fee after the $1050USD minimum is met. Cancellation of a Baby Nurse reservation during the use of service will result in refund of 50% of the unused portion of the placement fee after the $1050USD minimum is met.
For all placements, if the placement fee is not received prior to the Care Specialists predetermined first day of service, Absolute Best Care, Corp. reserves the right to bill Employers credit card 100% of the Placement fee on the predetermined first day of service. The placement fee has no relation to the Care Specialists salary, “Baby Nurse” rate, Babysitter rate or total fee which is to be paid to the Care Specialist directly. For full-time permanent placements, this method is to be defined in writing between the Employer and the Care Specialist.
A late charge will begin if the entire payment is not received within five (5) calendar days of first day of service. The late charge is 12% of the entire placement fee. On the sixth (6th) day, Absolute Best Care, Corp. reserves the right to charge the remaining appropriate placement fee and any late charges applicable to the Employer’s credit card.
Third Party Referrals:
If the Employer does not hire or retain the services of a Care Specialist candidate submitted to them by Absolute Best Care, Corp. and Employer refers such candidate to a third party who hires and retains the Care Specialist for employment within one year after the termination of this Service Agreement, the Employer will pay the entire placement fee to Absolute Best Care, Corp. under the same terms and conditions as if the Employer hired the Care Specialist for themselves.
Continuation of Services Fee:
In the event that the Employer hires, retains or otherwise uses the Care Specialist submitted to the Employer by Absolute Best Care, Corp. within four (4) years after the termination of the agreement, Employer will pay Absolute Best Care, Corp. the entire placement fee and any additional costs that may be associated with collection of these fees, including but not limited to, attorney fees.
Employer will not contact any Care Specialist candidate, offer employment, nor disclose any information with respect to any Care Specialist to any individual without written consent from Absolute Best Care, Corp. In addition, Employer will not request a Care Specialist candidate to directly recommend additional Care Givers for hire. Such action will result in Employer forfeiting all rights for any placement or re-placement. In the event that the Employer offers, hires or refers a Care Specialist referred to the Employer from Absolute Best Care, Corp. or any individual obtained from a direct connection to Absolute Best Care, Corp., for employment, the Employer will pay Absolute Best Care, Corp. for all damages in the amounts of any fees previously paid or promised to Absolute Best Care, Corp. plus the balance of the placement fee at 20% of the maximum anticipated annual net salary of the Care Specialist. Additionally, the Employer will be responsible for all legal fees incurred by Absolute Best Care, Corp.
Absolute Best Care, Corp. guarantees that within the first 45 days of employment if either the Employer or the Care Specialist is not completely satisfied with this placement, Absolute Best Care, Corp. will begin all reasonable efforts to provide a replacement Care Specialist for the Employer. Absolute Best Care, Corp. does not offer any monetary refunds for placement fees. Employer is allowed one repeat search at no additional charge. If a replacement search is requested after the 45 day guarantee period but prior to 6 (six) months, then Absolute Best Care, Corp. will provide a search and bill the employer 50% of the Placement fee applicable for this service. If a replacement caregiver is hired at a higher salary than the original caregiver there will be an additional placement fee due based on the Placement Fee calculation less amount already paid for the Placement Fee. There is no guarantee a replacement Care Specialist will be found. After six months, Absolute Best Care, Corp. is not obligated to provide a replacement Care Specialist.
This Service Agreement contains the entire agreement between all parties. This Service Agreement commences from the date the Employer delivers a signed copy of this Service Agreement, appropriate application and a registration fee or deposit to Absolute Best Care, Corp.
This Service Agreement will be governed by the laws of the State of New York.
Any amendments or addendums to this Service Agreement must be agreed upon and signed by all parties.
Signature below denotes that Employer has read and completely understands all terms of this Service Agreement and agrees to adhere to all sections.