- 1. Article 1: Definitions and general
- 2. Article 2: Establishment of the Babysitting Agreement and a Babysitting Service
- 3. Article 3: Execution of the Babysitting Service
- 4. Article 4: Price and payment
- 5. Article 5: Cancellation/termination and end of a Babysitting Service
- 6. Article 6: Liability
- 7. Article 7: Employment Contract Home Services Regulation
- 8. Article 8: Applicable law, jurisdiction, and validity
- 9. APPENDIX TO THE BABYSITTING AGREEMENT/ MODEL NATIONAL GOVERNMENT
Article 1: Article 1: Definitions and general
In this agreement, the following terms/definitions are used:
Charly Cares: Charly Cares B.V., located at Vijzelstraat 68-78 | Office 1.46
1017 HL Amsterdam, with Chamber of Commerce number 64647854, phone number 020 – 210 23 23, email: email@example.com. Charly Cares manages the website / the online platform www.charlycares.com / app.charlycares.com for (flexible or not) Babysitting Services, also referred to as the Platform.
Babysitter: a private individual, who is registered on the Platform, who provides flexible babysitting services via the Platform that fall under the home services regulation.
Babysitting Service: any service to be provided (or provided) on the basis of this Babysitting Agreement that has been established via the Platform and that consists of a Babysitter looking after one or more of the Parent(s)'s children.
Babysitting Agreement: this agreement, meaning the agreement(s) for a Babysitting Service that is created between the parent and the Babysitter via the Platform.
Parent(s): the parent(s) or legal guardian(s) of the children that are to be cared for, being a private individual, who is registered on the Platform.
Payment Provider: the payment service provider engaged by Charly cares, currently ADYEN N.V., who arranges the payment transactions via the Platform/for Babysitting Services established via the Platform or any other payment service provider engaged by Charly Cares.
Platform: the online platform www.charlycares.com / app.charlycares.com of Charly Cares for flexible (or not) babysitting services.
Regulation: the home services regulation (“Regeling dienstverlening aan huis”).
Completed (or completed Babysitting Service): the performance (and thus termination) of the Babysitting Service by the Babysitter.
The Parties to this Babysitting agreement are the Parent and the Babysitter. Charly Cares only makes the Platform and the automated search engine available which the Parent and the Babysitter can use to come to an offer and acceptance (regarding a Babysitting Service). Charly Cares itself does not offer babysitting services and is therefore not a party to this Babysitting Agreement.
By entering into this Babysitting Agreement, an employment contract is established based on the Regulation (assuming that the Parent hires the Babysitter for babysitting work for less than four days a week). In this Babysitting Agreement, the general - mutual - obligations are established in the case that an offer and acceptance is reached between the Parent and a Babysitter about a Babysitting Service via the Platform. Specific obligations and agreements between the Parent and the Babysitter are initially established based on the babysitting/booking request between the parties and can then be laid down in a separate employment contract based on the 'Work contract for help at home' model drawn up by the government.
An (accident) insurance with One Underwriting B.V. (the "Insurer") is available for every babysitting service, whereby the Babysitter is the policyholder of an insurance policy that covers the Babysitter's private liability during the period of time that the Babysitter is working as a babysitter (the "Insurance"). The costs of this insurance are specified in the applicable rates. The Insurance is subject to the Insurer's general terms and conditions, which are attached to this Babysitting Agreement as an appendix and which can be downloaded here.to top
Article 2: Article 2: Establishment of the Babysitting Agreement and a Babysitting Service
1. This Babysitting Agreement, which applies to every Babysitting Service, is established between the Parent and the Babysitter at the moment the Babysitter indicates that they accept an offer (to provide a Babysitting Service), by 'accepting' the Parent's booking request and 'agreeing' with this Babysitting Agreement. In practice, the Babysitting Service will therefore be established after steps a - c (under paragraph 2) as listed below have been completed.
2. The following actions are relevant in the context of booking and accepting a Babysitting Service or offering and accepting this Babysitting Agreement:
a. If the Parent selects a particular Babysitter on the platform, then accepts the terms and conditions of the Babysitting Agreement and clicks the button labelled "SEND BOOKING REQUEST", the Parent makes a legally binding offer to enter into this Babysitting Agreement.
b. After submitting the booking request, the Parent will receive a confirmation of receipt by means of a push notification. This message does not yet constitute the acceptance of the booking request by a Babysitter. On the Platform under 'my booking', the booking request will be designated the 'Pending' status.
c. The Parent's booking request is forwarded to the selected Babysitters (by the Platform). The Babysitter who is the first to 'accept' the booking request enters into the Babysitting Agreement with the user. With that act, offer and acceptance have come about and this Babysitting Agreement is therefore entered into by both the parties. On the platform, under 'my booking', the booking request is given the 'Accepted' status.
d. If the selected Babysitter has not accepted the booking request within the time frame, the status of the booking request will be automatically changed to 'expired' and this Babysitting Agreement will not be established.
e. If a Babysitter indicates that they accept the offer, by 'accepting' the booking request and 'agreeing' to this Babysitting Agreement, an order confirmation will be communicated to the Parent via push notification. In the application, under 'my booking', the booking request is given the 'Accepted' status.
f. The Parent can find the status of the booking on the Platform under 'my booking'. When the booking is 'accepted', the booking will contain information about the agreed upon babysitting address / date / time / expected duration of the babysitting service and details of the babysitter (relevant babysitter profile data) that the babysitter will provide.
3. If the Platform's search module does not yield any results to a booking request from the Parent, no Babysitting Agreement can be established.
4. Acceptance or rejection of a booking request is generally communicated by the Platform to the Parent within 12 hours (for a regular booking) and within 6 hours (for a last minute booking).
5. The Babysitter reserves the right to cancel the Babysitting Service with immediate effect or to withdraw from a Babysitting Service if there is a sufficiently compelling ground for cancellation. In that case, no further performance of the Babysitting Agreement needs to be given and the Babysitting Agreement established between the two parties will expire, or at least end immediately.to top
Article 3: Article 3: Execution of the Babysitting Service
1. The Parent has a claim on the Babysitter for the performance of the Babysitting Service, as ensuing from the Parent's booking request made via the Platform. The Babysitter has a claim on the Parent for compliance/fulfilment of the payment after the agreed Babysitting Service has been completed.
2. The Babysitter executes the Babysitting Agreement in their own way and under their own responsibility, taking into account the provisions of the Babysitting Agreement and in line with any wishes/instructions of the Parent.
3. The Parent provides the Babysitter with all required information and assistance in order to be able to perform the Babysitting Service before the Babysitting Service. The Parent ensures that they have made all necessary preparations before the start of the Babysitting Service. This especially applies to communicating all details regarding the children (such as illness, allergies, diet) and granting access to the location where the Babysitting Service will take place.
4. The Babysitting Service starts at the booked time or from the moment the Babysitter has arrived or from the time agreed upon between the parties (at a later date).
5. The duration of each Babysitting Service is tracked using the Platform's babysitting timer. The babysitting timer is linked to the Parent's account.
6. The parties agree that the Babysitting Service is only started and terminated and is therefore calculated by (fully) going through the following steps:
Step 1: The babysitting timer starts automatically at the booked time. If the Babysitting Service starts earlier or later than booked, the start time can be changed manually afterwards (refer to step 4).
Step 2: When the Parent returns home, the Babysitting Service is concluded in consultation with and with the consent of the Babysitter.
Step 3: The Parent stops the babysitting timer. The Parent does so by logging onto the Platform and then pressing the button labelled 'STOP TIMER'. This can be done by means of a smartphone (App), tablet, laptop, or desktop.
Step 4: The start and/or end time can be changed by the parties. For example, the Babysitting Service is then started earlier or later in consultation. Changes to the time(s) and the babysitting duration and the total amount will be automatically adjusted. Changing the times is always done with the consent of the Babysitter.
Step 5: The Parent assesses the Babysitter reasonably and fairly according to objective criteria → The Ouder can rate the Babysitter with 0 to 5 stars (0 = bad and 5 = excellent).
Step 6: The Parent pays the Babysitter by clicking the button labelled ‘AGREE AND PAY’.
7. The Parent and the Babysitter can keep track of the babysitting timer by logging into the Platform.
8. The total babysitting duration may differ from the babysitting duration booked via the Platform. The booked babysitting duration is indicative.to top
Article 4: Article 4: Price and payment
1. As a rule, the Babysitter will receive the payment for the relevant Babysitting Service within 4 days of completing the Babysitting Service in question. The payment always includes the 8% holiday pay due per year.
2. After completion of the agreed upon Babysitting Service by the Babysitter, the Parent is obligated to pay the price/wage owed via the payment method chosen during the registration to the Payment Provider.
2. The Parent pays the price to the Platform or Charly Cares via the Payment Provider with a debt-liberating effect for the Parent; the platform or Charly Cares receives the payment on behalf of the Babysitter via the Payment Provider, and will then deposit the payment on behalf of the Parent and in accordance with the payment agreements made with the Babysitter into their bank account, stating the babysitter overview reference.
3. On the Platform under ‘my payments’, the Parent can find the specification of the completed Babysitting Service(s) inthe name, for the account and the assignment, of the Babysitter.
4. In case the User has booked the Babysitting Service for a repeated number of times, the payment obligation shall apply after every completed Babysitting Service (and therefore not after the entire series of Babysitting Services has been completed).to top
Article 5: Article 5: Cancellation/termination and end of a Babysitting Service
1. Parties will mutually observe the necessary reasonableness when it comes to cancelling/termination the Babysitting Service.
2. The Parent can cancel a Babysitting Service, or at least terminates a Babysitting Agreement, solely by cancelling the booking via the Platform via ‘my booking’ > the booking > ‘CANCEL BOOKING’. The Babysitter will then be automatically and immediately notified of the cancellation/termination of the Babysitting Service. A cancellation/termination via the chat, text message, whatsapp, phone, email etc. outside the Platform does not qualify as a (correct) cancellation/termination of the Babysitting Service. In case of a cancellation, no further execution of the Babysitting Service needs to be performed and the Babysitting Agreement between the parties will expire, or at least end immediately.
3. Depending on the time of the cancellation/termination by the Parent, there may be costs (for the Parent) associated with the cancellation:
a. A cancellation/termination of the booked Babysitting Service up to 24 hours before the start of the Babysitting Service is free of charge for the Parent.
b. If the Parent cancels less than 24 hours before the start of the booked Babysitting Service, then the cancellation fee as stated in the User Agreement will be charged to the Parent.
c. If the Parent cancels between 3 and 1 hours before the start of the booked Babysitting Service, then the Parent is additionally required to pay the Babysitter an amount amounting to 1 hour (equivalent to the hourly rate as stated for the first hour of the babysitting service). In case of cancellation in the hour prior to the start of the Babysitting Service.
4. During the term of the Babysitting Service, this Babysitting Agreement may be terminated earlier than agreed upon between the parties in the booking request. In that case, the Parent must pay the babysitter the actual number of hours of babysitting that have occurred, but a minimum of 2 hours.
5. The babysitting Agreement shall by law end when the Babysitting Service has been completed and the payment of which has been made and received by the Babysitter.to top
Article 6: Article 6: Liability
1. The Babysitter will perform the Babysitting Service booked by the Parent to the best of their ability, exercising due care towards the Parent, their children, and/or third parties.
2. If the Parent suffers damage due to any shortcoming in the execution of this Babysitting Agreement, the Babysitter is solely liable for the damages that the Parent and/or their children and/or third parties suffer as a result of intent or gross negligence on the part of Babysitter. Any liability of the Babysitter vis-á-vis the Parent, their children, and/or third parties for damages resulting from or related to the execution of this Babysitting Agreement is limited to the amount that (i) in that case, based on the liability insurance(s) taken out by the Babysitter, will or can be paid by their insurance provider, (ii) in absence of an insurance or the coverage of an insurance (for whichever reason) the damage amounts to the maximum of three times the financial value of the booked Babysitting Service (meaning the amount that the Parent has paid/should have paid the Babysitter) during which or as a result of which the damage has arisen.
3. Charly Cares/the Platform is no party to the Babysitting agreement and has a solely mediating role in bringing together demand and supply in a Babysitting Service. Parties agree that Charly Cares/the platform can in no way be held liable for any material and/or immaterial damage (of any nature) of the Babysitter or the Parent or a third party as a result of this Babysitting Agreement or the use of the Platform.
4. The Parent and the Babysitter are, despite the Insurance that has been taken out, themselves responsible for taking out an adequate insurance for civil liability and accidents in the context of the Babysitting Service.to top
Article 7: Article 7: Employment Contract Home Services Regulation
1. The Babysitter will perform the Babysitting Service/duties on the basis of a (special) employment contract under application of the Regulation and will meet the conditions (with regard to the number of days to be worked (i.e. less than 4)) set out therein. The Parent therefore becomes the Babysitter's employer after the booking request has been accepted or after the Babysitter Agreement has been established. The Babysitter declares their income to the tax authorities themselves. The Parent does not pay wage tax.
2. The Parent and the Babysitter mutually agree to carefully read the information regarding the Regulation and the consequences of the applicability of the Regulation. This information can be found on https://www.rijksoverheid.nl/o... or at the bottom of the Charly Cares website under 'Home Services Regulation'.
3. There are a number of exceptions to the standard statutory/employment law regulations for the Babysitter. This information can be found on https://www.rijksoverheid.nl/o... or at the bottom of the Charly Cares website under 'Home Services Regulation'. The main rights and obligations of the Parent and the Babysitter under the Regulation are:
right to statutory minimum wage / 8% holiday allowance;
holiday pay (continued payment during holidays);
a maximum of six weeks of continued payment in the event of illness; and
ensuring a safe and healthy work environment.
4. The Parties will record their agreement in this regard using the model employment contract 'Work contract for help at home' drawn up by the government (Appendix to this Babysitting Agreement). The parties are not obliged to use the model employment contract of the government. The Parent and the Babysitter can also make other agreements. These agreements then apply in addition to the agreements laid down in this Babysitting Agreement.
5. Illness/absence must be communication by the Babysitter to the Parent as soon as possible. If the Babysitter is ill, there are at least 2 waiting days during which the Babysitter is not paid while ill.
6. Any (tax) consequences of the application (or lack thereof) of the Regulation are for the account and risk of the Parent.to top
Article 8: Article 8: Applicable law, jurisdiction, and validity
1. The Dutch law applies to the Babysitting Agreement.
2. In case of disputes between the Babysitter and the Parent, these will be submitted to and settled by the court in Amsterdam.
3. Should one of these provisions for whatever reason prove to be invalid, then this does not affect the validity of the other provision(s) in this Babysitting Agreement.to top
Article 9: APPENDIX TO THE BABYSITTING AGREEMENT/ MODEL NATIONAL GOVERNMENT
Arbeidscontract hulp in huis
In dit contract staan alle afspraken tussen werknemer en werkgever over het werk. De Regeling dienstverlening aan huis is de basis van dit contract.
<Voor- en achternaam>,
<adres, postcode en woonplaats>
<Voor- en achternaam>,
<adres, postcode en woonplaats>,
U krijgt de functie van oppas. U doet dit werk zo goed mogelijk en volgt daarbij de aanwijzingen van de werkgever op.
U gaat <aantal> uren werken op de volgende dagen: <minder dan 4 dagen>.
U gaat op het volgende adres aan het werk: <adres, postcode en woonplaats>
De werkgever kan dit adres alleen veranderen na overleg met u.
Het contract gaat in op <ingangsdatum>.
Het contract is voor:
<bepaalde tijd en eindigt op <datum>>
Bij een contract voor onbepaalde tijd heeft u een opzegtermijn van 1 maand. Als uw werkgever goede redenen heeft, kan hij uw contract ook opzeggen.
De opzegtermijn voor de werkgever ligt tussen de 1 en 4 maanden, afhankelijk van uw diensttijd. Als deze korter is dan 5 jaar, is de opzegtermijn ook 1 maand.
U heeft recht op een salaris van minimaal het wettelijk minimumloon. U krijgt een salaris van <aantal> euro per week. Hier moet u nog wel inkomstenbelasting over betalen.
U geeft zelf uw inkomsten op bij de Belastingdienst. De werkgever draagt geen loonbelasting af.
U heeft recht op vakantiegeld van 8%. Dit bedrag zit bij uw salaris inbegrepen.
Als u kosten maakt bij het uitoefenen uw werk, dan betaalt de werkgever deze kosten. Hiervoor geeft u de bewijsstukken aan de werkgever. De werkgever moet vooraf toestemming geven voor de kosten.
Als u ziek bent, dan geeft u dit door op de eerste dag van uw ziekte. De werkgever betaalt uw salaris maximaal 6 weken door bij ziekte.
U heeft als werknemer recht op vakantiedagen. De vakantiedagen bedragen minimaal 4 maal de gewerkte uren per week. U heeft daarom <aantal> vakantiedagen per jaar. Werkt u minder weken in een jaar? Dan krijgt u in verhouding minder vakantiedagen.
U kunt zich verzekeren bij het UWV voor de Ziektewet, de WIA en de WW. De werkgever heeft daarbij geen rol.