1. General Provisions
1.1 These general terms and conditions (the “Terms and Conditions”) govern each and every contract (the “Contract”) entered into by and between Nannies By Jacky (“NBJ”) and each client residing or domiciled in Italy (the “Client”), concerning the provision of personalized search and selection services for childcare and adolescent professional figures (the “Services”) including – but not limited to – nannies, maternity nurses, educators, and SLD (DSA) tutors (the “Collaborator”), through the website www.nanniesbyjacky.com (the “Website”).
1.2 “Client” shall mean any natural or legal person, company, entity, foundation, or association (including unincorporated ones) that contacts NBJ for the search of a Collaborator.
1.3 Before using the Website and the related Services, it is necessary to carefully read these Terms and Conditions; full and unconditional acceptance hereof shall occur by ticking the relevant box.
1.4 The Terms and Conditions shall be binding upon the Client from the date of their acceptance and shall constitute a contractual proposal by the Client.
1.5 The Contract between NBJ and the Client for the provision of Services shall be deemed concluded at the time and place where NBJ expresses its willingness to accept the Client’s proposal, including by conclusive conduct (fatti concludenti), i.e., by making one or more Services available. It remains understood that NBJ shall have the right, at its sole discretion, not to accept the Client’s contractual proposal.
1.6 These Terms and Conditions have also been drafted in compliance with the provisions of Legislative Decree no.206/2005 (the so-called “Consumer Code”).
1.7 These Terms and Conditions supersede any and all prior agreements, whether written or oral, between NBJ and the Client.
1.8 The Client may archive, download, and print the completed Registration Form and the Terms and Conditions using the relevant browser command, or wait to receive the confirmation email and acceptance of the provision of the requested Services that NBJ will send upon receipt of the Registration Form. This email includes the Registration Form completed by the Client—containing the details of the requested service—and the NBJ Terms and Conditions and can be easily printed or saved using the functions provided by email programs.
2. Terms of Use of the Website
2.1 NBJ absolutely disclaims any and all liability arising from the failure or improper functioning of the Website that does not directly and unequivocally depend on causes attributable to NBJ.
2.2 To ensure the security of the Website, Clients undertake – by way of example but not limitation – to: not use the Website improperly or for purposes other than the provision of Services and not take actions that may impede, overload, or compromise the proper functioning of the Website.
2.3 NBJ is not responsible in any way for third-party content and potential intellectual property (such as, but not limited to, information and/or material posted by Clients, advertisements) present on the Website.
2.4 Clients irrevocably undertake to indemnify and hold NBJ harmless from any and all liability arising from the use of the Website in a manner inconsistent with the Terms and Conditions and/or for purposes prohibited by law.
2.5 The Website and the registered trademark “Nannies by Jacky” (the “Trademark”) are the exclusive property of NBJ, which reserves the right to take legal action in all competent judicial venues in case of violation of current regulations regarding intellectual property and unfair competition.
3. Conditions for the supply of Services
3.1. 3.1. The Client acknowledges and agrees that the Collaborator, once selected and accepted by the Client, must be hired by the Client, at the Client’s sole expense and responsibility. All legal/employment relationships are the exclusive responsibility of the Client and the Collaborator, and therefore, NBJ cannot be held liable, under any circumstances, for the employment relationship established between the Client and the Collaborator.
3.2 Clients agree not to use or disclose, either directly or indirectly through third parties (such as companies, entities, associations, or foundations), any confidential or proprietary information relating to NBJ and/or Collaborators (including, but not limited to, personal life, work, health, sexual preferences, religious, or political beliefs). The information disclosed by the Client to NBJ will be treated confidentially, and NBJ undertakes not to disclose such information to third parties, except to any Collaborators, solely and exclusively in the context of providing the Services.
3.3 All correspondence between the Client and NBJ (including, but not limited to, email, SMS, WhatsApp chats, etc.) must be considered strictly confidential, and the Client undertakes not to disclose it to third parties.
3.4 NBJ undertakes to search for, select, and present to the Client a certain number of potential Collaborators suited to the Client’s required profile, as resulting from the information provided by the Client in the registration form pursuant to paragraph 5.1.
3.5 NBJ undertakes to provide the Client with all information relating to the Collaborator and to verify the Collaborator’s details, documentation, and references. However, the final responsibility for any decision to hire the Collaborator lies with the Client. NBJ strongly recommends that the Client verify the Collaborator’s details, documentation, and references. NBJ makes no representations or warranties regarding the Collaborator’s suitability, honesty, character, or ability. As specified in Section 5.2, the Client is responsible for obtaining any necessary visas for the Collaborator.
4. Retainer Fee and Placement Bonus
4.1 In order to use the Services, the Client undertakes to pay a retainer fee (the “Retainer Fee”) commensurate with the type of search. The amount of the Retainer Fee and the Placement Bonus (as defined below) will be communicated by NBJ in the email accepting the provision of the requested Services that will be sent by NBJ. The Retainer Fee will be paid within the terms indicated by NBJ, and in any case before the start of any search activity, by bank transfer or credit card or Revolut, to the bank details indicated by NBJ to the Client.
In the case of payment by bank transfer, the Client is responsible for all corresponding bank charges related to the bank transfer.
If the Client fails to pay the Retainer Fee, NBJ will not undertake the search for potential Collaborators.
The Retainer Fee will cover the initial search for the placement of three (3) potential Collaborators. If, after presenting three potential Collaborators, the Client is not satisfied with the proposed candidates, NBJ undertakes to search for and present the Client with two (2) additional potential Collaborators. If the Client suspends the search before at least one profile is presented, no refund will be due from NBJ. It is understood that the obligation assumed by NBJ is one of means and not of results; therefore, once a maximum of five (5) candidates has been presented, the Retainer Fee will be definitively forfeited by NBJ.
4.2 In any case in which an employment agreement is concluded, even verbally, between the Client and a Collaborator introduced to the Client by NBJ, the Client shall pay NBJ the placement bonus (the “Placement Bonus”) as communicated by NBJ in the email accepting the provision of the requested Services. Payment of the Placement Bonus will be due and payable, all exceptions removed, when the Client has reached an agreement with the Collaborator, even if only verbal.
4.3 The Placement Bonus must be paid by the Client to NBJ via bank transfer, credit card, or Revolut, using the bank details provided to the Client by NBJ via email. In the case of payment by bank transfer, the Client is responsible for all corresponding bank charges related to the bank transfer.
4.4 The Placement Bonus must be paid to NBJ no later than three business days from the date of issue of the relevant invoice by NBJ, sent to the email address provided by the Client upon registration, and in any case before the Collaborator begins working for the Client. If the Collaborator is already working for the Client at the time the invoice is issued, the invoice must be paid upon demand. For each week of delay in payment, in addition to late payment interest, the Client will be required to pay a penalty of €50.00 (fifty/00), without prejudice to compensation for any additional damages suffered by NBJ. The Client acknowledges that the amount of the penalty is fair, taking into account NBJ’s interest in the proper fulfillment of its Clients’ payment obligations.
4.5 The Client shall pay any travel and accommodation expenses of the Collaborator with whom it wishes to interview.
4.6 Personal contact or interviews with potential Collaborators (or their acquaintances) will only be permitted after the Retainer Fee has been paid in full by bank transfer, credit card, or Revolut.
4.7 Under no circumstances will the Placement Bonus paid to NBJ be refunded once the collaboration agreement between the Client and the Collaborator has been stipulated, even verbally.
4.8 In the event that, following the introduction of a Collaborator by NBJ, the Client personally contacts that Collaborator, without NBJ’s intermediary, with the aim of submitting a job offer and concludes an employment agreement with the same, even verbally, without reporting it to NBJ, the Client is required to pay NBJ the Placement Bonus referred to in paragraph 4.2 plus 50%.
4.9 Any and all expenses/commissions/fees provided for in any capacity under these Terms and Conditions must be paid by the Client even if the Collaborator reaches an employment agreement with the Client’s spouse or domestic partner, with a first- or second-degree relative of the Client, with a legal entity, company, business, association (even unincorporated), foundation, organization, or similar entity of which the Client is a member in any capacity or which – directly or indirectly – is controlled by, connected to, or controls the Client, as well as with persons connected by employment relationships of any kind with the Client.
4.10 NBJ will charge the Client a cancellation fee equal to 25% of the entire Placement Bonus if an offer of employment made to a candidate is withdrawn before the candidate has accepted the offer.
4.11 NBJ will charge a cancellation fee equal to 50% of the entire Placement Bonus if you withdraw an offer of employment made to a candidate after the candidate has accepted the offer but before the candidate has agreed to a start date.
4.12 NBJ will charge a cancellation fee equal to 100% of the entire Recruitment Bonus if you terminate your engagement with a candidate after the candidate has accepted the offer and the start date has been agreed to.
5. Client Responsibilities
5.1 The Client must precisely specify in the registration form (the “Registration Form”) the requirements and expectations regarding the Collaborator and provide details of the type of work and period of employment for which the Collaborator is requested. The Client’s requests must be reasonable, realistic, and achievable by NBJ and may not, in any case, concern requirements such as age, nationality, religious belief, ethnic or social origin. The Client’s requests must, in any case, comply with the financial outlay the Client is willing to make for the Collaborator’s remuneration. NBJ is not responsible for the accuracy and content of the information provided by Clients when registering on the Site. Clients, therefore, assume all responsibility for the information they provide in order to use the Services.
5.2 The Client undertakes to ensure that the employment relationship with the Collaborator is legally in order and is solely responsible for this. The Client also undertakes to comply with National Collective Bargaining Agreements and all applicable regulations, particularly regarding working hours, including breaks, weekly rest periods, and annual holidays. If the Employee is also provided with food and lodging, these must be appropriate. Specifically, food must meet the Employee’s daily nutritional needs, both in terms of quality and quantity. The Client undertakes, in any case, to respect the Employee’s dignity and decorum. 5.3 The Client is exclusively responsible for obtaining work permits and visas.
5.3 The Client, with the Collaborator’s cooperation, is solely responsible for obtaining all residence permits and/or work visas necessary to establish the employment relationship with the Collaborator. NBJ is not responsible for obtaining these visas. All information provided by NBJ regarding visas and work permits is purely for informational purposes, and the Client may not assert any claims against NBJ under any circumstances. NBJ assumes no responsibility for the accuracy and/or completeness of the information provided by Collaborators to the Client for the purpose of obtaining residence permits and/or work visas, or for the purpose of establishing the employment relationship with the Client.
5.4 The Client is solely responsible for arranging any medical examinations for the Collaborator and for checking the Collaborator’s medical history, and the Client may not assert any claims against NBJ under any circumstances.
5.5 The Client undertakes to immediately inform NBJ of the successful Collaborator’s acceptance of the job offer and to provide NBJ with all details regarding the start date, duration of employment, and agreed-upon remuneration. NBJ will verify with the Collaborator that the information provided by the Client is true and accurate.
5.6 If the Client is forced to delay the Collaborator’s start date (for example, due to the later-than-expected birth of a child), the Client is required to pay the Collaborator the full weekly salary, as agreed upon, starting from the agreed-upon start date.
5.7 The Client must refrain from directly or indirectly contacting or disclosing the contact details of any Collaborator introduced to it by NBJ to third parties. In the event of a breach of the commitment, the Client will be obligated to pay the third-party Retainer Fee and the Placement Bonus, commensurate with the type of search and the employment relationship established between the Collaborator and the third-party. This is without prejudice to the right to compensation for any additional damages suffered by NBJ.
5.8 NBJ shall have the right to terminate its relationship with Clients and the provision of Services in the event of a breach of these Terms and Conditions by the Client.
6. Replacement of the Collaborator
6.1 The applicability of clauses 6.2 and 6.3 below is conditional on the Client having paid in full the Retainer Fee, the Placement Bonus, and any other expenses pursuant to these Terms and Conditions, within the terms set forth therein. Failure to do so will result in the Client having no right to replace the Collaborator. Under no circumstances will the Retainer Fee and the Placement Bonus be refunded if the employment relationship between the Client and the Collaborator ends.
6.2 Without prejudice to the provisions of clause 6.1 above, and without prejudice to NBJ’s complete non-involvement in the employment relationship established between the Client and the Collaborator, and in the eventual termination, for any reason, of the relationship itself, if (i) the Collaborator cancels an employment agreement with the Client, before the start date of service, or (ii) the Collaborator resigns within 3 months of the hiring date, NBJ undertakes to present the Client with a replacement Collaborator with similar qualifications, without further payment by the Client.
6.3. In the event that the Collaborator withdraws from, and/or otherwise terminates, the contract as a result of the Client’s conduct that is inconsistent with the employment contract and/or the law (including, but not limited to: violence against children; violence against Collaborators; insults or threats to the Collaborator; failure to regularize the relationship with the Collaborator in accordance with applicable labor and social security laws within 7 days of the start of the relationship; failure to pay the Collaborator; requesting excessive or unlawful working hours that compromise the Collaborator’s health, etc.), the Client will not be entitled to a free replacement of the Collaborator, nor will NBJ be required to reimburse the Retainer Fee and/or the Placement Bonus; it being understood that NBJ will not be liable for the acts or omissions of the Collaborator.
6.4 Without prejudice to paragraphs 6.1, 6.2, and 6.3, NBJ will not provide any replacement Collaborators:
(i) if the Client has violated any of the provisions of these Terms and Conditions;
(ii) if the information provided by the Client when registering on the Site is found to be incorrect, and/or if the Client has failed to regularize the employment relationship with the Collaborator in accordance with the law and/or has not fulfilled its obligations under paragraph 5.2;
(iii) if the Client, following the termination of the employment relationship with the Collaborator, changes the type of professional profile requested (such as, by way of example and not limited to, if the Collaborator initially hired was a Nanny and, following the termination of the employment relationship with the same, the Client requests a Tutor);
(iv) if the Client has not complied with the working conditions agreed upon with the Collaborator, particularly those relating to duties and/or working hours.
(v) if the Client has adopted any behavior designed to discredit and/or defame NBJ and/or the Collaborators, including towards each other or vice versa, and including towards third parties (for example, but not limited to, disseminating untrue information, using offensive language towards NBJ and/or the Collaborators, disclosing confidential information and correspondence between the Client and NBJ). In this case, any and all existing relationships between NBJ and the Client will be terminated, and any obligations of the former towards the latter will cease.
(iv) if the Client has benefited from a special discount in the Placement Bonus.
6.5 If, after having availed of a free replacement pursuant to the provisions above, the Client ultimately opts for the Collaborator candidate originally proposed by NBJ, the Client will not be entitled to further free replacements.
6.6 The Client is required to notify NBJ of the termination of the employment relationship with the Collaborator no later than 5 days after the occurrence of one of the interruption events described above, simultaneously submitting a request for replacement. The Client will forfeit the right to a free replacement of the Collaborator if the Client, in response to the proposals made by NBJ, does not select a new Collaborator within six months of the replacement request submitted by the Client.
6.7 If, in the case referred to in paragraph 6.2, the Client enters into an employment agreement with the Collaborator proposed as a replacement and such relationship subsequently terminates, regardless of whether by one or both parties and for any reason, the Client will no longer be entitled to any free replacement.
7. Liability of NBJ
7.1 NBJ’s liability for the provision of the Services is limited, all exceptions excluded, to the amount of the Placement Bonus paid by the Client.
7.2 NBJ does not hire the Collaborator introduced to the Client, and all employment contracts are entered into directly and exclusively between the Client and the Collaborator. The Client is solely responsible for compliance with all applicable civil and criminal laws and regulations in its country in relation to the relationship with the Collaborator.
7.3. 7.3 NBJ is not responsible for any non-compliance by the Client or the Collaborator with the requirements of the Collaborator or the Client, respectively.
7.4 The Client acknowledges and agrees that these Terms and Conditions do not create any employment relationship of any kind between NBJ and the Client or between NBJ and the Collaborator, nor do they authorize the Client and/or the Collaborator to act on behalf of NBJ. The Client acknowledges and agrees that it may not act as an agent for NBJ and that it will have no authority or power to bind NBJ to third parties. The Client agrees to indemnify and hold NBJ harmless for all expenses incurred, for any reason, by the latter in the event of a breach of this clause by the Client and/or the Collaborator.
7.5 Given its non-involvement in the relationship established exclusively between the Client and the Collaborator, NBJ cannot and does not guarantee that a Collaborator will complete the term of the employment contract or any other commitment with the Client.
7.6 Without prejudice to NBJ’s commitment to verify the credentials provided by the Collaborator to the fullest extent possible, NBJ is in no way responsible for any false statements/information provided by the Collaborator—even in concert with third parties—to the Client and/or NBJ itself (such as, but not limited to, those relating to health, previous work experience, acquired skills and professionalism, etc.).
7.7 NBJ is in no way responsible for any criminally relevant conduct (such as, but not limited to, theft, crimes against the person or property, etc.) committed by the Collaborator at the Client’s premises and/or in other locations where the Collaborator may be present in the course of carrying out the work relationship with the Client. Likewise, NBJ is in no way responsible for any criminally relevant conduct committed by the Client against the Collaborator.
8. Right of Withdrawal
.1 The Client has the right to withdraw from the Contract, without stating a reason, within 14 days of its conclusion.
8.2 The withdrawal period expires 14 days after the date of conclusion of the Contract.
8.3 To exercise the right of withdrawal, the Client must inform NBJ of its decision to withdraw from the Contract by means of an explicit declaration (email), to be sent to the following address:
info@nanniesbyjacky
8.4 To meet the withdrawal deadline, it is sufficient for the Client to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
8.5 If the Client withdraws from the Contract, all payments made to NBJ will be refunded without undue delay and in any case no later than 14 days from the day on which NBJ is informed of the Client’s decision to withdraw from the Contract. Such refunds will be made using the same payment method used by the Client for the initial transaction, unless the Client has expressly agreed otherwise; in any case, the Client will not incur any fees as a result of such refund.
8.6 Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded for service contracts after the service has been fully performed, if performance began with the express consent of the client and the acceptance of the loss of the right of withdrawal following the full performance of the contract by the professional. If the Client exercises the right of withdrawal after having requested immediate performance of the service, the Client is required to pay NBJ an amount proportional to the service provided up to the time at which the Client informed NBJ of the exercise of the right of withdrawal with respect to the totality of the services provided.
9. Information pursuant to Art. 49 of Legislative Decree 206/2005 (“Consumer Code”)
9.1 The Client, who qualifies as a “consumer” and is therefore subject to Legislative Decree 206/2005 (the “Consumer Code”), acknowledges that:
- a) the Services offered by NBJ consist of personalized consultations and the search for nannies, childcare workers, educators, and DSA tutors.
- b) the Service provider is Nannies by Jacky.
- c) NBJ is headquartered in Milan, at Via Coluccio Salutati 2, and has the email address: info@nanniesbyjacky.com
- d) the Client may address any complaints to NBJ at the contact details indicated in letter c) above.
- e) the methods for calculating the total price of the Services, as well as the payment methods, are indicated in Article 4 of these Terms and Conditions.
- f) NBJ undertakes to provide the Services starting from the Client’s registration on the Site and within 60 calendar days of receiving the Retainer Fee. Please note that, pursuant to Article 4.1, if the Client fails to pay the Retainer Fee, NBJ reserves the right not to undertake and/or complete the search for potential Collaborators.
- g) The conditions, terms, and procedures for exercising the right of withdrawal are governed by Article 8 of these Terms and Conditions.
- h) The Contract is for a fixed term; it is deemed terminated when NBJ has provided the requested service—subject to the provisions of Article 6—and the Client has fulfilled all obligations imposed on it by these Terms and Conditions.
- i) Any complaints from the Client will be processed by NBJ no later than 30 calendar days after receipt.
10. Governing Law and Jurisdiction
10.1 These Terms and Conditions are governed by Italian law.
10.2 For all disputes arising between NBJ and the Client and relating to the use of this Site, the related Services, and these Terms and Conditions, and/or relating to the interpretation, execution, and termination of the Contract concluded between NBJ and the Client, the Court of the Client’s place of residence or domicile, if located in Italy, shall have exclusive jurisdiction.
THE CLIENT DECLARES TO EXPRESSLY APPROVE THE FOLLOWING CLAUSES: 4.4 (RELATED TO THE PAYMENT OF THE PENALTY IN THE EVENT OF DELAY IN PAYMENT OF THE PLACEMENT BONUS) 4.8 (RELATED TO THE IMPOSSIBILITY OF REFUND) 5.3 (RESPONSIBILITY FOR INFORMATION PROVIDED BY CANDIDATES) 5.8 (NBJ’S RIGHT TO TERMINATE THE RELATIONSHIP WITH CLIENTS AND THE PROVISION OF SERVICES) 6 (REPLACEMENT OF THE COLLABORATOR) AND 7 (NBJ’S RESPONSIBILITY).