Client Terms and Conditions for domestic staff
These terms and conditions apply to the Agreement between us pursuant to which White Glove Services International (“WGS Corporation Pty Ltd”) agrees to provide services, assistance, information and recommendations to you (“the Client”) either directly or by introducing you to a third party supplier. By registering for WGS’s services on our website or instructing us to provide you services you agree to be bound by these terms and conditions.
1.1 We will provide nannies, maternity nurses, personal chefs, housekeepers, household managers, flight crew, boat crew (“Staff Member”) and other specialized services to you as specified by you and agreed between us from time to time.
1.2 You will specify what Staff Member you require orally or in writing and we will agree with the detailed requirements and costs involved immediately or as soon as possible thereafter. We will then confirm our agreement in writing within 48 hours of any request for Staff Members made by you.
1.3 WGS will provide the Staff Member to you, and attempt to satisfy any other services you may request to us and we will either perform that Staff Member or service directly to ensure a third party supplier provides the specified Staff Member or services.
1.4 WGS undertakes to:
(a) take reasonable care in the selection of Staff Members;
(b) ensure the Suppliers are properly qualified to perform the tasks allocated to them;
(c) take up references in relation of each Staff Member to be used in the course of performing the services for you, prior to you engaging the Staff Member; and
(d) ensure that the Staff Member has all necessary insurances in place prior to carrying out the placement;
2. Client obligations
2.1 You agree by that all bookings must be made via WGS and that under no circumstances are bookings to be made directly with a Staff Member.
2.2 You agree that you will pay each Staff Member directly at the end of each day, week or month whichever is applicable.
2.3 You agree that WGS requires each Staff Member to be in an occupationally safe environment and to ensure that you comply with all applicable occupational health and safety laws.
2.4 Where WGS (in its absolute discretion) believes that there is sufficient negative feedback or feedback is of a concerning nature regarding the Client, then WGS will refrain from referring any further Staff Members to you.
2.5 You agree to pay petrol and parking fees if your Staff Member is using a car for work purposes and within work times.
2.6 You agree to notify WGS immediately if a Staff Member has been introduced via a third party including but not limited to another agency, website or advertisement.
2.7 You acknowledge and agree that once you offer employment to a Staff Member, a placement fee will apply.
2.8 You agree that the Staff Member must be employed, either directly or through the WGS payroll or external payroll services.
2.9 You agree that you are responsible for the following:
(a) abiding by all the statutory obligations for employing a staff member;
(b) full time, casual or part-time income tax payments (if applicable);
(c) workers compensation payments (if applicable);
(d) superannuation contributions (if applicable); and
(e) for all international placements, you are liable for return airfares to the Staff Member home country or agreed country for the staff member upon completion of the Staff Members assignment, private living quarters/room and health insurance.
3. Fees and Trial Period
3.1 You acknowledge and agree that all fees for bookings:
(a) are payable in Australian Dollars or GBP if the placement is overseas;
(b) are non-refundable if you cancel the booking within 7 days of a Staff Member starting;
(c) must be paid in full 7 days of a job offer being made. No extensions will be given; and
(d) if the placement fee is not paid, the Staff Member will be referred to other clients.
3.2 WGS will send an invoice via e-mail with payment due within 7 days and holds the right not to dispatch any Staff Member if the agency fee has not been received via online credit card, Paypal or direct transfer.
3.3 A $150 per month fee per Staff Member applies if the Staff Member remains a WGS employee and is contracted to the family.
3.4 Fee's will apply for hiring Staff Members casually from the agency, a casual daily fee is $49 per day or $200 per week (5 days, Monday - Friday), higher rates apply for last-minute or weekend bookings.
3.5 A placement is deemed satisfactory after 21 days of the Staff Member's start date, after this time frame no refund will be given.
4. Cancellation Policy
4.1 WGS cannot be held responsible for cancellations or no-shows of any Staff Member.
4.2 If you cancel the placement of a Staff Member within 7 days of their scheduled start date, no refund will be given.
4.3 WGS reserves our right to immediately cancel any agreed services if the Staff Member has been mistreated, working in an unsafe environment or is harmed in any way.
5. Refunds & Guarantee
5.1 While WGS will use all reasonable endeavours to place the Staff Member requested for each Client it does not guarantee this will always be possible.
5.2 In the unfortunate circumstance where a Staff Member cannot be placed on the requested date/s, a pro-rata refund of our fee will be refunded to the Client.
5.3 A pro-rata refund will also be given if the Staff Member placed with you, cancels or does not turn up to the booking and a second option cannot be found. We only offer ONE replacement within the first 21-day trial period.
6. Third-Party Suppliers
6.1 You acknowledge that Suppliers are responsible for providing you with the services, products that you request us to order on your behalf from time to time. WGS will communicate with the Supplier on your behalf unless it is more appropriate for you to contact the Supplier directly.
6.2 You agree that Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and you agree that such terms and condition will be binding upon you at the time of the order.
8.1 Each party agrees to treat as confidential any information, other than information already in the public domain, which comes into their possession as a result of or in the performance of this agreement, including but not limited to information that relates to the goods or services being provided by WGS, either party’s business or personal information or the clientele of a party.
8.2 This clause 6 will survive termination of these terms and conditions.
Either party may terminate access to services for convenience by providing the other with 30 days notice of termination.
10. Limitation of Liability
10.1 Nothing in these terms and conditions will limit or exclude WGS's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by Competition and Consumer Act 2010 (Cth).
10.2 Subject to clause 10.1:
(a) WGS shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use, loss or corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, whether or not you have been advised of the possibility of such damage arising under or in connection with your use of WGS’s Staff Members and/or services; and
(b) WGS's total liability to you in respect of all other losses arising under or in connection with your use of WGS’s Staff Members and/or services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the fees paid by you in any year.
10.3 Your agreement for the supply of goods and/or services with one of our third-party suppliers is made with the relevant Supplier only. WGS acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
10.4 You acknowledge that any agreement entered into by you with any Supplier is an independent contract. WGS disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through WGS.
10.5 WGS has no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival.
10.6 WGS shall not be liable to you or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of WGS's obligations in relation to the Services, if the delay or failure was due to any cause beyond WGS's reasonable control.
10.7 Except as expressly set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms and conditions.
10.8 This clause 10 will survive termination of these terms and conditions.
11. Dispute Resolution
11. 1 The parties agree to use their best efforts to resolve any dispute that may arise under these terms and conditions through good faith negotiations. No party shall commence litigation unless it has first invited the other party to meet for the purpose of resolving the dispute on mutually acceptable terms.
11. 2 Any dispute arising under these terms and conditions which cannot be settled by negotiation between the parties or their respective representatives will be referred to mediation. If the parties cannot agree on their choice of mediator a mediator will be appointed by the Law Society of NSW who will select a mediator for them.
In these terms and conditions, the following rules of interpretation apply:
headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these terms and conditions;
the singular includes the plural and vice-versa;
a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
WGS may provide any notification for the purposes of these terms and conditions by email.
You may not assign, transfer or sub-contract any of your rights or obligations under these terms and conditions without WGS's prior written consent.
WGS may assign, transfer or sub-contract any of its rights or obligations under these terms and conditions at any time without notice to you.
12.4 No waiver
Waiver of any power or right under these terms and conditions must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by WGS to act with respect to a breach by you or others does not waive WGS's right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these terms and conditions are severable and, if any provision of these terms and conditions is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
WGS reserves the right to amend these terms and conditions and any other policy in relation to its services at any time in its sole discretion and any such changes will unless otherwise noted, be effective immediately. Your continued usage of our services will mean you accept those amendments.
12.7 Governing law and jurisdiction
These terms and conditions will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.