PTO Service Agreement

Transcription

1 PTO Services Contract Client Terms and Conditions PTO Service Agreement Our placement and referral services provide parents with applicants for employment. The parent is the employer and determines the terms and conditions of employment including: work hours, pay rates, vacations, overtime, etc. As the employer, the parent is responsible for all taxes and insurance on their employee, where applicable. If the parent chooses to use our Payroll Service then we will take care of all reporting and payments for Social Security, Medicare, Federal Unemployment and State Unemployment. Hereinafter, the term client refers to the parent and PTO refers to Parent s TIME-OUT, Inc. Please note that Parent's Time-Out, Inc. does not charge a registration fee in addition to any of the service fees. Sitter Connection, HotJobs! and HotJobs! With Renewal are all paid at the time of the order and a $ deposit is paid with your order for CarePremium -- there are NO additional fees. I. Terms and Explanations: A) Our applicant database is made up of applicants that have gone through our telephone interview process and have been accepted by a PTO Recruiter for inclusion in our program. PTO Recruiters only accept about 51% of the applicants that apply. The database includes candidates with a wide range of experience from baby-sitters to nannies to house managers. It is up to the client to determine what experience level is relevant to their needs. B) *Standard Background Screening includes: criminal searches in all Arizona counties; an Arizona sex offender search; a seven-year address search to help determine any additional locations that an applicant's criminal history may need to be searched; a social security trace to help verify identity and aliases; and a 39 month driving record from the state the applicant has his/her current license. a. Search for criminal records in additional counties outside of AZ: $30.00/county (w/the exception of any county in NY, in which case the fee is $ because of additional fees that the state of NY imposes) b. Driving records from additional states can be obtained for $35.00/state (where available). c. Civil searches, credit checks, other countries (outside of US) and drug screens are also available. Please contact PTO in writing for a quote. C) **Extended Background Screening includes: criminal search in all Arizona counties; criminal searches in every known county the applicant has lived in during the past three years; a social security trace to help verify identity, aliases and other residences; a National sex offender search; a seven-year address search to assist in determining any additional counties to conduct criminal searches; and a driving record from each known state the applicant has had a driver s license during the previous three years (some states are not available). If the client chooses to add additional county criminal searches, civil searches, credit checks or drug screens, they should contact PTO in writing to get a quote on applicable fees. 951 E. South Fork Drive Phoenix, AZ Phone & Fax: (480) Page 1 of 10

2 II. Service Options: A) A Sitter Connection For occasional 'baby-sitting' needs, use our rosters of Preferred Providers. These are professional sitters with great qualifications who have promised to meet or exceed our Quality Guarantee. They ve gone through our **Extended Background Screening and we've spoken with and verified childcare, employment and character references. PTO only accepts about 12% of the total applicants into this program. We require that each Sitter be at least 18 years of age, a high school graduate and have at least two years of child care experience. Once you sign up you ll receive access to the listed caregivers within one business day. When you access the listing you will receive their names along with numbers where you can reach them, the schedule they can work, their rates and a brief resume detailing their experience and background. You will be a member and can use any of these sitters for one full year. PTO makes no guarantee as to availability of sitters for any particular needs that the client has. The client contacts the nannies and sets up assignments directly however PTO can set-up assignments for the client (time permitting) for a charge of $10.00 per assignment. Once PTO has set up your account there are no refunds. The client cannot share rosters with anyone. Should the client refer a PTO nanny to any other person(s), the client will be responsible for the fee for the person(s) that the client assisted, and their contract will be immediately terminated. Sitter Connection Basic (SCB) is for occasional evening and weekend care... $ Sitter Connection Expanded (SCE) has the same providers as Sitter Connection Basic, but also includes providers for occasional week day care (Mon-Fri). Use this service for Baby-sitters, Mom/Dad s Day-Out, Temporary Child Care, Sick Child Care, Emergency Child Care, etc. $ Part-Time Nanny: The Sitter Connection is designed and priced to be used for occasional sitting and not for a part-time nanny. However, there are times when a client s needs are such that they can find part-time assistance in the Sitter Connection program. Since these clients are using the program (and nannies) more than other clients and are taking availability of nannies from other clients, it is necessary to charge these clients a slightly higher fee. If you use someone from Sitter Connection Expanded on a regular weekly daytime (for one month or longer) there is an additional fee of $ The client is responsible for contacting PTO immediately upon hiring a caregiver failure to do so will result in the client being charged the fee and their contract being terminated immediately, and without notice. EXCEPTION: Client may not use the Sitter Connection program to hire a caregiver to work more than 15 hours per week. Anyone working more than 15 hours per week must be hired through one of our placement programs (HotJobs!, HotJobs! W/Renewal or CarePremium). If client were to find a caregiver in the Sitter Connection program that they would like to hire as their regular nanny, client must contact PTO immediately and they will be charged the current fee for HotJobs! or HotJobs! w/renewal (client s choice). If client fails to inform PTO, client will be charged the fee for HotJobs! and their membership in Sitter Connection will be terminated. Under this clause, if the client completes this transaction within 30 days of enrolling in Sitter Connection, they will have the option of canceling their Sitter Connection membership and applying those monies to their HotJobs! program fee. 951 E. South Fork Drive Phoenix, AZ Phone & Fax: (480) Page 2 of 10

3 B) HotJobs! PTO Services Contract - Client Terms and Conditions In this program we put the client s listing on our HotJobs bulletin board and send out an broadcast to all of the applicants in our active database with addresses (about 85% have accounts). Applicants are directed to the family s posting and PTO office personnel automatically send the profiles of all interested applicants to the client. In addition we will call all of the applicants that match the client's job order without addresses -- no stone is left unturned in our database! All applicants expressing an interest in the family's job posting are sent to the client -- they are not screened by PTO to make sure they are match with the family. In addition to the applicants requesting that their profile be sent to the client, the client can also go on-line, search our database and make Requests for Profiles (maximum of 10/day). PTO will perform the *Standard Background Screening on one applicant, but will not contact references that is the responsibility of the client. The family may order additional background screens during their enrollment period. The current cost is $50.00 per applicant. All background screen requests must be made while the client is enrolled. The client pays the total program fee with their order. There is no guarantee that the client will find a caregiver matching their needs and there are no refunds. The client cannot share applicant profiles with anyone else. Should the client use the PTO database to assist any other person(s) in finding a caregiver, the client will be responsible for the fee for the person(s) that the client assisted. HotJobs! (One-Time Order): $ for 45 consecutive days, includes one *Standard Background Screen. HotJobs! With Renewal Option: $ for 90 consecutive days, includes one *Standard Background screen plus a National Sex Offender Search (instead of an Arizona search). o This program has the option of adding time to the enrollment period. If the client's 90- day initial enrollment expires and they have not found a caregiver, the order can be renewed in 30 day increments for $45.00 per 30 days. o This program has the option of receiving additional background checks for applicants while the order is open each additional background will be charged to the client at the rate of $50.00 per applicant. o Renewal orders are $75.00 plus the cost of the background screen for the life of PTO, non-transferable. All terms and conditions remain the same with each Renewal order unless otherwise specified by PTO and agreed to by the Client. Renewal orders can be for any type of position that we have in our database it does not have to be for a replacement caregiver to the first order. 951 E. South Fork Drive Phoenix, AZ Phone & Fax: (480) Page 3 of 10

4 C) CarePremium...$ This program is very much like a full service placement program with the exception that the client is doing the face-to-face interview of the applicants (PTO has completed a lengthy interview with the candidate via telephone and determined whether or not to include them in the PTO Database). We will list the client s job on our Hot Jobs bulletin board, other Internet bulletin boards and use our distribution lists to bring in candidates. We ll also run additional advertising in newspapers and on college campuses to attract more candidates for the client s position. Profiles of applicants meeting the client s specifications will be forwarded to the client for their review. The client is responsible for (1) determining which applicants to pursue, (2) contacting the applicant(s) for an initial phone interview to establish a mutual interest, and (3) meeting with the applicant for a face-to-face interview. Once the client has chosen the right caregiver for their family, PTO will conduct our Extended Background Screening** and also speak with and verify childcare, employment and/or character references. The client pays $ with their order and the balance ($425.00) when the caregiver starts work or when PTO has completed the background checks and references whichever comes first. There is no guarantee that the client will find a caregiver. There are no refunds. If the client does not find a caregiver through PTO, their order can be placed on hold and reactivated within one-year of their initial enrollment date and their $ deposit will still be valid. If the client changes their job description to the point that new applicants must be recruited, screened and/or sent (i.e. from Full to Part-time or live-in to live-out), the client will be charged a change-order fee of $ per job description change. CarePremium members with a Parent's Time-Out, Inc. nanny receive a discount on Payroll services - only $ for the first year with no set-up fee (a $ savings). At the time of hire, the parent and caregiver must sit down and fill out an employment agreement that details the job duties, work hours, pay and all issues relevant to the caregiver's employment. PTO must be provided with a copy of the agreement within seven days of the care giver s first day of work. In the event the client is not happy with caregiver's performance, PTO must first be allowed an opportunity to intervene and discuss the discrepancies with the caregiver prior to the family discharging the caregiver. The only exception would be an instance where the family had reasonable cause to believe that their child(ren) was(were) in danger. If a signed copy of the employment agreement is not on file with PTO within seven days of the first day the caregiver works for the client, the guarantee is void. If the client has not paid for their order according to the payment schedule in this contract, the guarantee is void. If the client has changed the job description and the caregiver cannot accommodate the client's new needs, the guarantee is void (this would be considered a new job, requiring a new contract and order). For all other circumstances see the guarantee policy below: The client has sixty days from the date the caregiver first works for the client to notify PTO that the caregiver is not suited to their position and to request a replacement caregiver. PTO must have first been given the opportunity to work out any issues between the parties (see above). The client will be provided with new applicants for their position at no additional charge. The client can receive one additional nanny under the replacement guarantee. The replacement nanny is for the same job description as the final order. After the caregiver works the first sixty days the cost to replace her/him will be pro-rated as follows: Time Caregiver has Worked Cost to Client for Replacement days:...$ days:...$ after 180 days:...10% discount on current program fee 951 E. South Fork Drive Phoenix, AZ Phone & Fax: (480) Page 4 of 10

5 Payroll...$ to /yr This service is available to all clients regardless of whether they hired their Caregiver through PTO. Did you know that if you pay your caregiver more than $1, per year (adjusted periodically by the Federal Government) you are considered to be the employer and are responsible for Employer Social Security, Medicare, Federal Unemployment and State Unemployment? The Federal Government (IRS) is very clear about YOUR being the employer and that your caregiver is not a 1099 (or Independent Contractor) go to: to read more about the determination. Did you know that By Federal law & in accordance with the Fair Labor Standards Act, your nanny must be paid time-and-a-half for all hours over 40 worked in a given workweek? Even if your nanny is paid a weekly salary, you must still declare an hourly and an overtime wage for her. The only exception to this law is for a live-in nanny where room and board accounts for some portion of the caregiver s compensation. Whether you use PTO to find your caregiver or not, you can still choose the PTO Payroll Service. We ll take care of all tax requirements and will even send you statements of your payments whenever you request them. At the end of the year you simply use our tax ID# to claim all of your eligible child care expenses. Please see the AAA Domestic Pay Client Terms and Conditions for information on deposits, return check/draft/eft/ach fees and late fees. 951 E. South Fork Drive Phoenix, AZ Phone & Fax: (480) Page 5 of 10

6 III. Guarantee: PTO makes no guarantee as the quality or quantity of applicants available to the parent. PTO is not liable for any claims or statements made by the applicant to the parent. The CarePremium program has it s own guarantee policy please see section II. C. IV. PTO s Right to Discontinue Service: PTO reserves the right to discontinue service to a family or household where the client has violated any local, state or federal laws that could endanger someone in the household or that could violate the caregiver s rights. PTO reserves the right to discontinue service to a family or household where the caregiver may be in danger by coming to or into the household (this includes, but is not limited to, a household with guns, drugs or sanitation issues). PTO reserves the right to discontinue service to a family or household where the child or children in the household may be in danger (this includes, but is not limited to, a household with an unsecured pool or other body of water). The client will not be entitled to any type of refund of fees paid if services are cancelled for any of these reasons. V. Payment of Fees: Payment of Fees can be made by credit card, personal check, money order or cashier s check. If payment is made by personal check, a credit card may also be requested to guarantee funds. For CarePremium clients: when the balance is due on your account, we will use the credit card that we have on file unless you notify us in advance that you would like to use a different method of payment. To protect ourselves from individuals enrolling in our service, receiving names and then attempting to cancel their service, we have a policy of non-cancellation and all fees are non-refundable. This policy is necessary to help us keep our fees at the lowest possible levels. VI. Limitations of Liability: The client understands and agrees that they cannot employ an applicant referred by PTO without payment of the appropriate fees, and they cannot provide names or other information about any of the individuals referred to them by PTO to any other person. Should the client induce or assist another person or persons to employ an applicant that was referred to them by PTO, that person must enroll in a PTO program. Otherwise, the client will be held responsible for payment of the placement fee for the person they assisted. The client understands and agrees that PTO is in the business of referring individuals for hire. While all precautions are taken to obtain an accurate profile and accurate references on the applicant, PTO does not guarantee the accuracy of the information supplied by the applicant nor by their references. PTO does not guarantee or verify any information that may have been supplied by the applicant directly to the client. The client has the sole responsibility for selecting the individual they hire. The client is responsible for reviewing applicant profiles, interviewing applicants, and reviewing all background and reference information supplied by PTO when making the final determination to hire. At the time the client makes a final offer of employment to the applicant, the client agrees that they have reviewed all information and have accepted the results of the background screening and processing of the applicant by PTO and any investigative agency that PTO may have used. If the client chooses to have an applicant start working prior to receiving the final background report from PTO, the client does so at their own risk. PTO makes no guarantee as to the length of time it may take to complete a background report and references on an applicant. The client is the employer of the caregiver and PTO has no relationship with the caregiver other then acting as a referral agency. The client and the caregiver agree to all terms and conditions of employment. The client is responsible for payment of appropriate taxes and insurance as mandated by Federal, State and local laws to the appropriate agencies. If the client enrolls in PTO s Payroll Program, the client is responsible for payment to PTO (as per PTO s contract with client) and PTO is responsible for payment to the appropriate agencies. (See section II. F. for more details on the PTO Payroll Program.) The client hereby releases and forever discharges PTO and it s Directors, Officers, employees and agents from and against any and all liabilities, losses, damages, costs, demands, suits, judgments, claims or expenses which the client or any other person may incur as a result of any action or failure to act occurring as a result of this contract. A signature on the Services Invoice is proof that the client understands and agrees to all of the terms and conditions. 951 E. South Fork Drive Phoenix, AZ Phone & Fax: (480) Page 6 of 10

7 Parent s Time-Out, Inc. - Services Invoice Item Service Name Description Unit Cost Sitter Connection Basic Sitter Connection Expanded Referrals to our Preferred Providers for evenings and weekends for one year. Referrals to our Preferred Providers for any occasional needs (day time, evenings, weekends, etc.) for one year If you use a Sitter Connection Expanded caregiver on a regular, weekly basis for one month or longer there is a one-time fee of $ HotJobs! HotJobs! with Renewal CarePremium Client s job is posted on Hot Jobs for 45 days. PTO sends out an broadcast; calls all potential applicants without ; and forwards all interested applicants directly to the client. PTO conducts standard background screen on one applicant. Client may order additional background screens while order is open for $50.00 per applicant. Client contacts references. As above but client s job is posted for 90 days (can be extended at the rate of $45/mo). There is no limit to the number of times the client can renew their order. Renewals are $75.00 plus the cost of the background check. Renewals are for 90 days with the option of extending for $45/mo. Client contacts references. PTO sends profiles of candidates meeting client s job description. Client reviews and interviews applicants. PTO conducts extended background screening** and references. Six month graduated guarantee replacement fee (paid w/order) (Paid w/order) (Deposit of $ w/order) Payroll: CarePremium Member Payroll: Non Member of CarePre Weekly payroll processing, weekly tax payments, quarterly reports, annual tax payments, annual reports, W-2 and statement service (statements available upon request). Discount only applies to 1 st year of service. No set-up fee for CarePremium members. Weekly payroll processing, weekly tax payments, quarterly reports, annual tax payments, annual reports, W-2 and statement service (statements available upon request). $75.00 set-up fee applies to first year of service only. There is a $40 fee to change caregivers during the term of your Payroll Contract st yr only / yr w/$75.00 set-up How did you hear about our service (Check ALL that apply please): Raising AZ Kids Magazine Friend Referral: AZ Diamond Backs AZ Parenting Magazine PTO Customer Referral: Company HR Dept 3 TV Website (AZFamily.com) PTO Nanny Referral: Internet Search Parent s Guide magazine The Phoenix SUNS US West Dex Website Yellow Pages Nanny Yellow Pages Child Care Yellow Pages Sitting Services My Phoenix Pregnancy Expectations Pregnancy Guide Payment Option: Bill to my credit card: American Express Visa Master Card Discover Card Payment enclosed; Check or Money Order #: exp date: I have read the PTO Services agreement and agree to all of the terms and conditions. A facsimile of this document shall have the same force and effect as the original. Date Client s Signature Client s Printed Name Home Phone: Work or Cell Phone: Fax: 951 E. South Fork Drive Phoenix, AZ Phone & Fax: (480) Page 7 of 10

8 Enrollment Form -- Page 1 of 3 Circle One: Sitter Connection Basic Sitter Connection Expanded HotJobs! HotJobs! w/renewal CarePremium Please provide the following information for the parent that is to be our primary contact: First Name Home Street Address State AZ Home Phone N/S Cross St Last Name City Zip Code Home Fax E/W Cross St Employer Name Work Fax Driver s License #: Work Phone Please provide the following contact information for your spouse (if applicable): First Name Employer Name Work Fax Last Name Work Phone Please provide the following information for your child(ren): Child s Name: Child s Age: School Hours: School Location: Mode of transport to/from school: For Sitter Connection please tell us how you would like to receive updated rosters. Choose one: Web Site log-in (available 24/7 for term of membership) whenever I request a new roster Mail to home address whenever I request a new roster Fax to Home Fax: whenever I request a new roster End of form for Sitter Connection Enrollment 951 E. South Fork Drive Phoenix, AZ Phone & Fax: (480) Page 8 of 10

9 Enrollment Form -- Page 2 of 3 Please answer the following regarding your household and the job requirements only if you are enrolling in: HotJobs! HotJobs! w/renewal CarePremium How would you like us to receive applicant profiles: Home Fax Work Fax Spouse s Work Fax Spouse s Mail to home address Type of Position: Live-Out Live-In If Live-In, what are accommodations: Length of Position: Long-Term Temporary til: Title of Position: Nanny Nanny/Housekeeper Mother s Helper After-school Sitter House Manager Amount of Work: Full-Time Part-Time Some of Both Flex can be either Size of Home and Single or Double Story: Ideal Start Date of Position: Does applicant need own vehicle to transport your children? If yes, please describe the type of activities and approximate mileage: Please list any family pets: What is the health history of your children: Are there any diet restrictions in the household: Are there any other adults in the household on a regular basis (including parents working from home): What are your current child care arrangements: Times when you will be away from town or unable to interview applicants: Job Description (please choose the selection that comes closest to describing your needs): Child Care Only Child Care and maintain household throughout the day Child Care w/light household chores (child s laundry, kitchen, vacuum or sweep kitchen and play areas) Child Care w/housekeeping (above plus: bathrooms, dusting, all floors and household laundry) House Manager (above plus: run errands, grocery shopping, prepare meals, supervise other workers, light office work) Work Schedule: This schedule is in effect: til further notice during school yr during summer til Sun Mon Tues Wed Thurs Fri Sat 2 nd Work Schedule (if relevant): This schedule is in effect: starting ending Sun Mon Tues Wed Thurs Fri Sat Schedule Notes: Schedule Notes (2 nd schedule): 951 E. South Fork Drive Phoenix, AZ Phone & Fax: (480) Page 9 of 10

10 Enrollment Form -- Page 3 of 3 Please answer the following regarding your household and the job requirements only if you are enrolling in: HotJobs! HotJobs! w/renewal CarePremium Are there any smokers in your household? Yes No Languages spoken or understood in household? Do you require that the caregiver be a non-smoker Yes No Is there a pool, pond or other Yes body of water on your No property? If so please describe how it is secured from the children: Is there any traveling required of the caregiver? Would you consider an applicant that has a child of their own to bring with them to work: Yes No Please describe No Yes Maybe Comments: Does the applicant need to swim with your children? Yes No Supervise only Please provide the following salary and benefit information for your position: Salary Range: Paid Holidays: Paid Vacations: Paid Sick/Personal Days: Unpaid days (include how many and any stipulations to their use): Benefits (health, dental, etc.) How often will he/she be paid: Notes or Comments for our staff: 951 E. South Fork Drive Phoenix, AZ Phone & Fax: (480) Page 10 of 10