Proudly referring college-educated childcare providers since 2013

Terms of Use


​​LAST REVISED: JANUARY 1, 2016

PLEASE READ THESE TERMS OF USE BEFORE USING THE SITE OR THE SERVICES. BY USING THE SITE OR THE SERVICES, YOU HEREBY UNDERSTAND, AGREE TO AND ACCEPT THESE TERMS WHETHER OR NOT YOU REGISTER AS A USER OF THE SITE OR SERVICES.

1. COMPANY'S OBLIGATIONS


1.1 COMPANY WILL REFER NANNY APPLICANTS (HEREINAFTER REFERRED TO AS A “NANNY”) AND WILL CONDUCT A BACKGROUND CHECK OF ALL NANNIES WHO SUBMIT AN ONLINE APPLICATION VIA ASMARTNANNY.COM.
1.2 UPON CLIENT’S REQUEST, COMPANY WILL FACILITATE DISCUSSIONS BETWEEN CLIENT AND NANNY WITH REGARDS TO COMPENSATION, WORK SCHEDULE, VACATIONS, DUTIES, BENEFITS, AND OTHER MATTERS THAT MIGHT BE CONTAINED IN A WORK AGREEMENT BETWEEN CLIENT AND NANNY.
1.3 COMPANY WILL FACILITATE INTERVIEWS BETWEEN CLIENT AND NANNY UPON RECEIVING PAYMENT OF DEPOSIT. INTERVIEWS MIGHT BE IN PERSON OR ELECTRONICALLY.
1.4 COMPANY IS ACTING SOLELY AS AGENT ON BEHALF OF THE PARTIES, AND SHALL NOT BE DEEMED TO HAVE AN EMPLOYEE-EMPLOYER RELATIONSHIP WITH EITHER PARTY. COMPANY WILL ASSIST CLIENT IN SELECTING A NANNY, BUT IS SOLELY CLIENT’S RESPONSIBILITY TO SELECT THE APPROPRIATE NANNY AND DEFINE THE CLIENT-NANNY RELATIONSHIP BY AGREEMENT.

1.5 COMPANY HAS THE RIGHT TO TERMINATE SERVICE FOR ANY REASON.


2. CLIENT'S OBLIGATIONS


2.1 CLIENT AGREES TO PAY COMPANY A NON-REFUNDABLE DEPOSIT OF $250.

2.2 CLIENT ACKNOWLEDGES THAT ALL SMART SITTER MEMBERSHIPS ARE NON-REFUNDABLE.
2.3 CLIENT SHALL PROVIDE COMPANY WITH A REASONABLY SPECIFIC LIST OF NANNY’S JOB DUTIES AND CLIENT’S EXPECTATIONS OF NANNY.
2.4 CLIENT ACKNOWLEDGES THAT COMPANY IS THE SOLE PROVIDER OF NANNY APPLICANTS. 
2.5 CLIENT ACKNOWLEDGES THAT PROCESS OF SELECTING APPROPRIATE NANNY CANDIDATES MAY TAKE SEVERAL WEEKS, AND COMPANY IS NOT REQUIRED TO REFER MORE THAN TWO NANNY APPLICANTS. 
2.6 CLIENT ACKNOWLEDGES THAT ALL COMMUNICATION PRIOR TO DATE OF HIRE OF NANNY IS DONE THROUGH COMPANY.
2.7 CLIENT ACKNOWLEDGES THAT DATE OF HIRE IS WHEN ALL FEES OWED TO COMPANY ARE PAID IN FULL.
2.8 CLIENT ACKNOWLEDGES THAT COMPANY IS NOT REQUIRED TO PROVIDE A REPLACEMENT NANNY SHOULD CLIENT OR NANNY TERMINATE WORK AGREEMENT.

3. NANNY'S OBLIGATIONS

3.1 NANNY ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR HIS/HER ACTIONS. NANNY IS NOT AN EMPLOYEE OF COMPANY AND COMPANY ASSUMES NO LIABILITY FOR ANY ACT OR OMISSION OF NANNY EITHER PRIOR TO OR AFTER DATE OF HIRE.
3.2 NANNY ACKNOWLEDGES THAT ALL COMMUNICATION BETWEEN NANNY AND CLIENT IS DONE THROUGH COMPANY PRIOR TO DATE OF HIRE.
3.3 NANNY AGREES THAT DATE OF HIRE IS WHEN ALL FEES OWED TO COMPANY ARE PAID IN FULL.

4. LIABILITY AND DISCLAIMERS

4.1 CLIENT ACKNOWLEDGES THAT NANNY IS SOLELY RESPONSIBLE FOR HIS/HER ACTIONS. NANNY IS NOT AN EMPLOYEE OF COMPANY AND COMPANY ASSUMES NO LIABILITY FOR ANY ACT OR OMISSION OF NANNY EITHER PRIOR TO OR AFTER DATE OF HIRE.
4.2 CLIENT ACKNOWLEDGES AND AGREES THAT ALTHOUGH COMPANY ASSISTED IN THE REFERRAL OF NANNY, COMPANY CANNOT PREDICT NANNY’S FUTURE BEHAVIOR OR PERFORMANCE. ONLY CLIENT CAN ASSESS NANNY’S COMPETENCE AND APPROPRIATENESS FOR CLIENT’S NEEDS. CLIENT FURTHER ACKNOWLEDGES THAT COMPANY CANNOT GUARANTEE THE HONESTY OR RELIABILITY OF NANNY.
4.3 CLIENT ACKNOWLEDGES THAT COMPANY'S ROLE IS LIMITED TO PERFORMING BACKGROUND CHECKS OF APPLICANTS FOR CLIENT’S CONSIDERATION. CLIENT IS SOLELY RESPONSIBLE FOR ALL DECISIONS TO HIRE NANNY AND TO CONTINUE TO EMPLOY NANNY.
4.4 CLIENT HEREBY RELEASES AND AGREES TO HOLD COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY ACT OF NONFEASANCE, MISFEASANCE, OR MALFEASANCE BY NANNY. FURTHER CLIENT WILL NOT HOLD COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, OR ASSIGNS LIABLE FOR ANY OTHER CLAIM WHICH CLIENT MAY HAVE AGAINST NANNY.
4.5 CLIENT SHALL FULLY INDEMNIFY AND HOLD COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING LEGAL FEES) ARISING FROM THIS AGREEMENT, INCLUDING ANY PERSONAL INJURY OR PROPERTY DAMAGE CLAIMS.