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This document is a template contract for new-born expert services which can be adapted and used for hiring new-born experts on a contract basis for a fixed term. You, as someone hiring a new-born expert, can adapt it by updating all highlighted areas to match your particular details and arrangements with your chosen new-born expert.
Purpose
A contract for services is used to document the relationship between a supplier of services (in this case, the new-born expert expert) and a client or customer (in this case, you). Amongst other things, it documents the obligations of both parties, the length of the agreement, and the agreement relating to fees and payments. If anything is uncertain or unclear over what the new-born expert should or should not be doing, or what she is owed at any point, then the contract is a very useful reference point. Having a formal contract ensures that both parties’ rights and obligations are clear, and that ultimately both parties are protected.
Please note that this is not an employment contract.
Disclaimer
Tamarin Group Limited (trading as myTamarin) has prepared this document in conjunction with a legal advisor – but please note that myTamarin is not a legal advisor and does not offer legal advice and does not guarantee this document in any way. Therefore, if you feel you need legal support with hiring a new-born expert, then please ensure you seek it from a qualified professional. myTamarin will take no responsibility or liability for any matters arising from this template contract.
This is an agreement for services between:
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CLIENT |
Name: Address: Phone number: Email: |
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NEW-BORN EXPERT |
Name: Address: Phone number: Email: |
This agreement is made up of two parts: (1) the Services Summary, and (2) General New-Born expert Services Terms, and both parts form an equal part of the agreement. However, if there is any inconsistency between them, then the Services Summary will be taken to be correct.
BY SIGNING BELOW, EACH OF THE CLIENT AND THE NEW-BORN EXPERT AGREE THAT THIS IS LEGALLY BINDING AGREEMENT, AND BOTH PARTIES AGREE TO COMPLY WITH ALL PARTS OF IT.
PART 1: SERVICES SUMMARY:
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myTamarin Notes:
This section details out the scope and timing of the work, as well as remuneration and other key aspects of the agreement such as deposit and secondary contacts. Please note that the fee for 24-hour shifts is expressed as a daily rate (e.g. £220 per any 24h period), otherwise as an hourly rate (e.g. £18/hour).
PART 2 - GENERAL NEW-BORN EXPERT SERVICES TERMS
Definitions and interpretation
Booking means a booking for the New-born expert’s services by the Client made using the myTamarin Platform.
Client means the client listed in the Services Summary, and references to a client or clients are presumed to fall within this definition.
myTamarin means Tamarin Group Ltd, a company registered in the United Kingdom with company number 10838444 and registered office at 2 Woodberry Grove, Finchley, London, N12 0DR. myTamarin is not a party to this agreement.
myTamarin Platform means the online web platform or application operated by myTamarin, upon which certain aspects of this agreement are facilitated.
New-born expert means the new-born expert listed in the Services Summary above, and includes all types of new-born experts and nannies, including experts, night nannies, sleep consultants and doulas.
Parties or parties means the Client and the New-born expert together.
Terms generally will be given their natural meaning and be interpreted in the context of this agreement generally. For example, references to the baby are to the baby which the New-born expert is being contracted to look after.
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New-born expert expert’s general duties |
The New-born expert’s general duties include, but are not limited to the following:
For the avoidance of doubt, the New-born expert’s duties do not include any of the following: cleaning, washing, ironing or cooking for the Client or any family members other than the new-born baby, unless expressly and specifically agreed upon between the Client and the New-born expert. |
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Accommodation and Food |
In the case of experts: The Client will provide the New-born expert with suitable food, board and lodging, and access to wi-fi at no cost to her. In the case of night nannies: The Client will provide the New-born expert with suitable resting arrangements, (e.g. a bed or a sofa) either in the baby’s room or elsewhere in the Client’s home. |
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Breaks |
The New-born expert is entitled to a 3-hour break per a 24-hour period, unless otherwise agreed between the parties, and any breaks will be taken at times mutually agreed between them. |
myTamarin Notes:
The break is typically taken as a block, allowing a nurse to have a proper rest. Most often those breaks are taken in the mornings. Occasionally, nurses will be willing to split their break into multiple periods, but this should be their own choice. Please note that the periods when the baby sleeps don’t count as a break for the nurse, unless it’s a designated break time for them, and they don’t have any responsibilities with the baby at that time.
When nurses are working days-only or nights-only, the breaks are not mandatory, however they would naturally need some time for personal hygiene, hydration and feeding.
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Administering medicine |
The New-born expert will only administer prescription or over the counter medicine to the baby on the written advice of a health professional and with the Client’s signed permission as follows: Prior to administration of medicines the Client will write a signed permission for the New-born expert to administer medicine, which includes the date, full name of the baby, medicine to be given, reason why the medicine is being administered, dosage, frequency and method in which the medicine is administered. The new-born expert will then keep a written record of every time the medicine is administered, which both parties agree will be signed by both the New-born expert and the Client. |
myTamarin Notes:
It’s important that parents and nurses are fully aligned on the administration of both prescription and over the counter medicines.
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Fees |
In consideration for the New-born expert’s services, the Client agrees to pay the New-born expert the amounts detailed in the Services Summary in accordance with the payment terms below. |
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Payment process and terms |
Direct Debit To make the payment and the deposit process as simple and streamlined as possible for both, the parties agree that payments will be managed through a Direct Debit provider instructed by myTamarin (e.g. GoCardless). Step 1: The Client agrees to set up the Direct Debit through myTamarin within 48 hours from an offer of employment or contract for services being accepted by the New-born expert, or by 5pm on the day before the start date of the services, whichever is sooner, or else the New-born expert is not obliged to start providing her services. Step 2: The Client agrees and authorises the agreed deposit to come from the Direct Debit. Step 3: Thereafter, the Client agrees to make and/or authorise payments to the New-born expert via weekly Direct Debit in conjunction with the rules of the myTamarin Platform. The New-born expert will keep a timesheet of all hours worked, which she will submit to the Client and myTamarin weekly. Once confirmed, the corresponding amount will be charged to the Client with the Direct Debit and paid to the New-born expert. Third party fees The Client agrees and acknowledges that fees due to the New-born expert will be distinct and separate from any additional fees it owes to myTamarin or any other third-party providers, whether being paid out of its Direct Debit or otherwise. Cancelling Direct Debit before all amounts due are paid The Client agrees and acknowledges that it will under no circumstances cancel the Direct Debit in order to prevent payments being made or released to the New-born expert, or any third party associated with the New-born expert (such as myTamarin) in respect of services which have been delivered. If the Direct Debit is cancelled or otherwise declined or not collected in such circumstances, the Client agrees that (i) its deposit will be non-refundable, and (ii) it will pay any outstanding amounts due to the New-born expert (along with any fees it separately owes to any third party providers such as myTamarin) immediately to myTamarin as a nominee for the applicable indebted parties. |
myTamarin Notes:
All payments are administered via the myTamarin payment platform. Each week, myTamarin will confirm the hours worked during the previous week with both the parents and the nurse. Based on that, the parents will then be invoiced the corresponding amount, which will be collected via a direct debit, and the nurse will be paid her wage. That way, we guarantee a good experience for both parties. The nurse always gets paid the correct amount on time, and the parents don’t have to deal with the extra admin burden of payment processing. We also remove the awkward moments when parents forget to pay, and the nurse has to remind them.
A direct debit must be set up in order to secure the booking.
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Deposit terms |
Summary In consideration for the New-born expert’s services and in order to secure the Booking, the Client agrees to pay the agreed deposit as set out in the Services Summary into a nominated myTamarin account by Direct Debit (or such other agreed payments provider) in accordance with this agreement and using the details and instructions provided on the myTamarin Platform. Timing Once the Booking is confirmed and the Client has set up the Direct Debit in accordance with this Agreement, the deposit will automatically be debited from the Client’s account within 24 hours unless the Client pays the deposit into an account designated by myTamarin. If the deposit is not paid in accordance with this agreement, the New-born expert will not be obligated to provide the services set out in this agreement and will be entitled to end it. Deposit Holding and Return Both parties agree and authorise myTamarin, as an external third party, to hold the deposit in its nominated account until the Booking is completed and return it to Client’s designated bank account within 30 days from the completion date of the Booking, subject to these terms. Use of Deposit and Disputes Both parties agree and acknowledge that the deposit may be used for any outstanding payments due to the New-born expert, and mutually now agree that myTamarin may adjudicate on any dispute relating to the deposit and that any adjudication decision of myTamarin in this case will be final. Both parties agree however that if myTamarin informs them that it is unable to adjudicate on the dispute for any reason, then the deposit will be held until the parties are able to resolve it in accordance with their legal rights under the laws of England and Wales. Amounts Due to the New-born expert The deposit is a separate security in respect of the overall fees. The New-born expert will not be due more than what she would be owed had the full Booking been completed. |
myTamarin Notes:
A deposit paid by parents is mandatory to secure the booking and is held by myTamarin. The deposit is released back to the parents within 30 days from the booking’s end date. The deposit is returned in full, unless there are outstanding payments to the nurse that need to be covered by the deposit if, for example, the parents cancelled the booking prematurely and for unjustifiable reason.
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Travel expenses |
Travel expenses from the New-born expert's home to the Client's home are to be covered by the new-born expert, unless otherwise agreed by both parties in writing. Where the parties agree that travel expenses will be reimbursed, the New-born expert agrees to make reasonable efforts to book the lowest fare possible, and will attempt to use public transport (e.g. trains, tube, bus) where and when feasible. When not feasible, the New-born expert may use a taxi. Both parties agree to use their best efforts to agree transport methods in advance.
In order to claim a pre-agreed expense, the New-born expert must submit the relevant receipts to the Client for approval, then once approved, submit the claim to myTamarin together with the corresponding timesheet (to enable myTamarin to include the expense claim in the next Direct Debit payment due to the New-born expert). |
myTamarin Notes:
It is generally expected that nurses will cover for their own commute expenses, however in certain cases, parents should pay for it, e.g. if the booking is outside of the UK.
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Bank holidays |
Bank holidays recognised in England (irrespective of location), 24th December and 31st December will be charged at x1.5 the normal rate. |
myTamarin Notes:
For 24-hour shifts, this means that one full day’s fee will be charged at 1.5 rate. For hourly shifts, only the hours worked on a bank holiday will be charged 1.5x fee.
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Changes and extensions |
Changes to the start date Should the Client need to push back the start date, the New-born expert is entitled to a 50% stand-by rate for each day between the original start date and the pushed back start date, unless otherwise agreed in writing by the parties. Extensions The Client may request to extend the Booking if needed. The New-born expert will have discretion whether to accept the extension request depending on her availability and/or other prior commitments. Additional deposit amounts may be taken via Direct Debit for any agreed-upon extensions of longer than 6 days. |
myTamarin Notes:
The start date is subject to the baby being on time, which doesn’t happen very often. Parents often opt for a start date that is a few days after the due date when expecting to have a natural delivery. For example, if a due date is 1st of February, we advise to book the nurse one week after the due date. Often, nurses will have some flexibility to start earlier if your baby is early.
If your baby is late, and the nurse’s start date needs to be pushed back, they are entitled to a stand-by-rate, which amounts to half of their normal fee.
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Cancellations |
Cancellations prior to the start date:
Cancellations after the start date:
Inability to work:
Client reduces the booking:
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myTamarin Notes:
Things happen. Plans fall apart. In which case, the following is good to know:
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Parents can cancel up to three months before the start date without losing the deposit.
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If parents cancel at any point later, the nurse is entitled to as much pay as she would earn from that point until the end of the booking, subject to the maximum amount of the full deposit.
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In the very unfortunate event of loss, nurses and parents often come to an agreement, i.e. the nurses may give up their deposit. However, given that they probably gave up another job and are then out of pocket, this is not a rule.
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If the nurse becomes unavailable for work and cannot complete 10% or more of the booking, parents can cancel without losing the deposit. Example: Nurse is booked for 10 weeks on a 24/5 basis. She can’t work one full week. Parents can cancel (the rest of) the booking.
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If parents reduce the booking by less than 10%, this doesn’t affect the booking, nor do they have to compensate then nurse for the difference. Example: Nurse is booked for 25 nights. Parents cancel 2 nights (with reasonable notice). This doesn’t affect the booking. However, if they cancel 3 nights or more, the nurse can claim compensation for the hours not worked in excess of 10%. She can also cancel the (rest) of the booking.
This may all seem a little complicated. Rest assured however, this contract has been drafted with both nurses and parents contributing, and finding a middle and fair ground that works for both parties. The above scenarios also cover the most common scenarios that we observe on the market.
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Termination and Responsibility |
The Client recognises that the New-born expert is not medically trained or qualified and can only advise the Client based upon her previous experience with new-born babies. Should the Client have any doubts about the baby’s health then the Client remains fully responsible for the decision to call a medically qualified person for a full diagnosis. The Client has the right to cancel the agreement without losing their deposit if they reasonably believe that the New-born expert fails to adequately provide the services as agreed and/or display basic levels of knowledge which may be expected of an individual entrusted with the care of a new-born child. Any disputes in this regard will be dealt with on a case by case basis in accordance with the dispute provisions of this agreement. The Parties agree that whilst myTamarin plays a role in introducing the New-born expert to the Client and in facilitating payments under this agreement, myTamarin is not a party to this agreement, and each of the Client and the New-born expert are subject to their own separate legal terms governing their relationship with myTamarin. |
myTamarin Notes:
Regardless of the previous provision, the parents can cancel the booking without losing the deposit if the nurse is not adequately performing their duties. Please note that simply “not getting along” does not constitute a breach of contract. To prevent this from happening, myTamarin focuses a lot on helping you find the right match as well as guiding you through the onboarding, and through the entire duration of the placement. If things are not going as you hoped they would, we advise getting in touch with us asap. Often, all wrinkles can be ironed out with extra communication.
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Confidentiality |
The New-born expert will keep all the affairs and concerns of the Client, their household and business confidential, unless otherwise required by law. This clause will survive expiry or termination of the agreement. |
myTamarin Notes:
This hopefully goes without saying. In practice, baby photos are easiest to be shared, and they shouldn’t be unless parents explicitly consent to that.
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Amendments |
This agreement may be amended or modified in whole or part by a written document signed by both parties. This agreement contains the entire agreement of the parties and replaces any prior written or oral agreement between them. |
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Governing law |
This agreement is governed by English law and is subject to the jurisdiction of the English courts. |
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Designated accounts |
New-born Expert [for weekly payments through myTamarin platform]: Acc name: Acc no: Sort code: Client [for the return of the deposit if applicable]: Acc name: Acc no: Sort code: Tamarin Group LTD (trading as myTamarin) [for client deposit holding]: 23693268 30-93-80 Direct Debit [to be set by the Client for weekly payments to the Maternity Nurse]: https://pay.gocardless.com/AL0001WJHWY7R9 |
SIGNATURES
New-born expert (print name):
Signature:
Date:
Client (print name):
Signature:
Date:
