1. Services and Candidate Referrals
HavenNest locates, recruits, interviews, screens, and checks
references of potential caregivers for the purpose of providing qualified referrals to families seeking inhome childcare. HavenNest will not knowingly discriminate on an unlawful basis or make a referral for
an unlawful purpose. HavenNest will make reasonable efforts to verify information supplied by
prospective caregivers; however, the Client acknowledges that the Client is directly and ultimately
responsible for evaluating candidates and making the final hiring decision.
2. Client Interview and Due Diligence
The Client agrees to personally interview each candidate under consideration and to review the candidate’s qualifications, references, work history, certifications, driving eligibility, and suitability for the family’s specific needs. After a referred candidate accepts the Client’s employment offer and the applicable placement fee is paid, HavenNest will provide the Client with available screening results included in the placement package. Additional screening services may be requested at the Client’s expense.
3. Final Hiring Decision and Assumption of Risk
The Client acknowledges that HavenNest does not guarantee the future conduct, performance, honesty, judgment, or suitability of any referred candidate. HavenNest does not accept responsibility for the Client’s hiring decision or for damages, losses, injuries, theft, property damage, improper care, criminal conduct, negligence, or other wrongful acts or omissions of a caregiver. To the fullest extent permitted by law, the Client agrees to release, defend, indemnify, and hold harmless HavenNest, its owners, employees, contractors, and representatives from claims or liabilities arising from the Client’s selection, employment, supervision, or termination of a referred caregiver, except to the extent caused by HavenNest’s own gross negligence or willful misconduct.
4. Employment Relationship and Employer Responsibilities
HavenNest does not employ the nanny placed with the Client. The employment relationship is directly and exclusively between the Client and the caregiver. The Client is responsible for negotiating and documenting the employment terms and for complying with all applicable federal, state, and local laws concerning wages, overtime, payroll taxes, Social Security and Medicare taxes, tax withholding, workers’ compensation, unemployment insurance, leave, recordkeeping, benefits, workplace safety, and any other employer obligation. HavenNest is not a party to the Client’s employment agreement with the caregiver and is not responsible for administering payroll, taxes, insurance, or benefits unless the Client separately contracts for such services in writing.
5. Placement Fee and Circumvention
A placement fee is earned whenever the Client, a member of the Client’s household, a relative, associate, business, or another family receiving the candidate’s information through the Client hires, employs, retains, or otherwise engages a candidate introduced by HavenNest within twelve (12) months after the most recent referral or introduction. The Client may not avoid the placement fee by changing the candidate’s title, schedule, compensation method, duties, employment classification, or hiring entity.
6. Replacement Policy; No Monetary Refunds
If the employment relationship between the Client and the initially placed candidate ends before the 90th calendar day following the candidate’s start date, HavenNest will conduct one additional candidate search for a replacement, provided that: (a) all fees have been paid in full; (b) the Client promptly notifies HavenNest in writing; (c) the Client provided HavenNest with a completed written nanny-family work agreement; and (d) the position, schedule, compensation, duties, and working conditions remain substantially consistent with those originally presented to the candidate. The replacement benefit does not apply when the position is eliminated, the Client reduces the agreed hours or compensation, the Client relocates outside the service area, insufficient work is available, the caregiver is subjected to unsafe, unreasonable, discriminatory, or unlawful conditions, the Client breaches the employment agreement, or the termination results from circumstances outside HavenNest’s reasonable control. The Client is entitled to one replacement search only. Additional placements are subject to the full placement fee. The Client is responsible for the replacement candidate’s background-screening cost unless HavenNest agrees otherwise in writing. HavenNest does not issue monetary refunds after the candidate search begins.
7. Confidentiality of Candidate Information
All candidate referrals, resumes, profiles, screening information, interview notes, and related materials are confidential and are provided solely for the Client’s evaluation. Candidate information remains the property of HavenNest and may not be copied, published, distributed, posted online, transferred, or disclosed to any other person, family, agency, or business except as required for the Client’s legitimate hiring process. If the Client shares or identifies a referred candidate to another party and that party hires or engages the candidate, the Client will be responsible for the applicable placement fee.
8. Accuracy of Client Information
The Client represents that all information provided to HavenNest regarding the family, children, home, position, duties, schedule, compensation, pets, transportation, travel, safety conditions, and other material terms is accurate and complete. The Client agrees to promptly disclose any material change. HavenNest may suspend or end the search if information is inaccurate, incomplete, misleading, unsafe, discriminatory, or inconsistent with applicable law.
9. Non-Discrimination and Lawful Workplace
The Client agrees to maintain a lawful, respectful, and safe workplace and will not request or make hiring decisions based on any characteristic protected by applicable law. The Client will not ask HavenNest or any candidate to participate in unlawful conduct or perform duties that were not reasonably disclosed during the placement process.
10. Communication and Electronic Records
The Client consents to receiving Agency communications, candidate profiles, invoices, agreements, and notices electronically. Electronic signatures and electronic records will have the same force and effect as original signatures and paper records to the extent permitted by law.
11. Governing Law and Venue
This Agreement will be governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any legal proceeding arising from this Agreement shall be brought in a court of competent jurisdiction located in the Texas county where HavenNest maintains its principal business office, unless the parties agree otherwise in writing or applicable law requires another venue.
12. Entire Agreement; Amendments; Severability
This Agreement, together with any signed fee schedule, invoice, placement confirmation, or written addendum, constitutes the entire agreement between HavenNest and the Client concerning the placement services described here. It supersedes prior oral or written discussions on the same subject. Any amendment must be in writing and signed by both parties. If any provision is determined to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
13. Agency Right to Decline or End Services
HavenNest may decline, pause, or terminate placement services when reasonably necessary, including for nonpayment, abusive or inappropriate conduct, safety concerns, unlawful requests, material misrepresentations, repeated failure to communicate, or conduct that could place a child, caregiver, Client, or HavenNest representative at risk. Termination of services does not eliminate fees already earned or amounts already due.