Terms & Conditions

TERMS AND CONDITIONS

  1. Company Referral Services: Applicant and Cardholder, if different, (collectively “Applicant”) agrees to pay Sitters In A Second, Inc. (“Company”) for referring an independent contractor to Applicant or referring an Applicant to an independent contractor. Company agrees to make its best effort to provide employment referral services (“services”) to Applicant under and pursuant to this agreement on a day-to-day, as needed, basis and that Applicant in his/her sole discretion shall determine his/her need, if any, for services or the continuation of services as may be provided by Company pursuant to this agreement. Company is a professional referral company specializing in childcare referral services in Palm Beach County, Florida.
  2. Independent Contractor: The status of each individual (“Independent Contractor”) providing temporary services to Applicant is that of an “independent contractor” and not of an agent or employee of Sitters In A Second, Inc. and, as such, Independent Contractor shall not have the right or power to enter into any contracts, agreements, or any other commitments on behalf of Company. Applicant and Company agree that should an Independent Contractor be found liable for any loss or damages resulting from a failure to perform any of their obligations including, but not limited to negligence, breach of contract or otherwise, then liability lies with the Independent Contractor and not Sitters In A Second, Inc.
  3. The amount owing to Company under this agreement reflects the amount of compensation owing Company pursuant to Applicant’s promise in the matter of Company’s services. Credit card information is provided above as payment security, and Applicant authorizes the use of credit card information and further agrees that he/she will automatically be charged for all unpaid fees and charges.
  4. Minimum Compensation to Company: Applicant and Company agree that payment for Company services shall be conditioned upon a minimum compensation of a four (4) hour referral charge to Company and Independent Contractor if Company schedules services for Applicant and Applicant fails to cancel directly with Company, not Independent Contractor, said referral within 24 hours of the services to be performed.
  5. Commencement, Renewal and Cancellation Provision : Applicant and Company agree that payment for Company services shall be conditioned upon a minimum compensation of a four (4) hour referral charge to Company and Independent Contractor if Company schedules services for Applicant and Applicant fails to cancel directly with Company, not Independent Contractor, said referral within 24 hours of the services to be performed.
  6. This agreement shall be in effect upon receipt of a completed application and payment of the nonrefundable membership dues. All membership dues are payable in advance and considered incurred in full upon commencement. Daily memberships shall expire after one (1) day. Weekly memberships shall expire after seven (7) consecutive days. Monthly memberships shall expire after thirty (30) consecutive days. Annual memberships shall expire on September 30th of the following year. At the end of the initial membership period, this agreement shall automatically renew and become operative under and pursuant to this agreement unless either party cancels this agreement at least seven (7) days prior to the natural expiration of said membership. Each renewal membership shall be for the same membership period unless otherwise agreed to in writing by the parties.
  7. Confidentiality Provision: Applicant and Company agree that the names of Independent Contractors are and shall remain the exclusive property of Sitters In A Second, Inc., are confidential and are of great value to the Company. Applicant and Company further agree that all other information used by the Applicant in obtaining the referral services of Independent Contractors including, but not by way of limitation, time sheets, service invoices and the names of Independent Contractors are trade secrets, are confidential and are the valuable property of the Company, and that any such information obtained by the Applicant during the course of this agreement is and shall remain the property of the Company. Applicant and Company further agree that during this agreement and the period of two (2) years immediately after the termination of this agreement, Applicant will not, either directly or indirectly make known or divulge the names, phone numbers and addresses of any of the Independent Contractors, or divulge any confidential information received from the Company to any person, firm or corporation. Applicant also agrees that during this agreement and the period of two (2) years immediately after the termination of this agreement, the Applicant will not, either directly or indirectly call upon, solicit, divert, or take away any of the Independent Contractors, upon whom the Applicant became acquainted with by referral of the Company. Applicant and Company agree that Applicant’s unauthorized disclosure or use of Company’s confidential information and trade secrets would irreparably damage the Company.
  8. Non-Compete Provision: Applicant and Company agree that this agreement is important to the reputation, goodwill and successful operation of the Company. Applicant and Company agree that during this agreement and the period of two (2) years immediately after the termination of this agreement, Applicant shall not: a) compete against the Company; or b) own, manage, be employed by, be engaged by, work for, consult for, be an officer or director or partner or manager or employee of, advise, represent, engage in, or carry on any business that competes against the Company.
  9. Indemnity Provision. Although Company makes every effort to refer Independent Contractors who it believes possesses the highest quality and abilities for each specific assignment, the Company cannot represent or warrant the actual abilities of each Independent Contractor. Applicant agrees to hold Company, its officers, agents and employees harmless for all damage, destruction, theft, or accident claims which may arise out of or in connection with the services provided by Independent Contractor to Applicant.
  10. Indemnity Provision. Although Company makes every effort to refer Independent Contractors who it believes possesses the highest quality and abilities for each specific assignment, the Company cannot represent or warrant the actual abilities of each Independent Contractor. Applicant agrees to hold Company, its officers, agents and employees harmless for all damage, destruction, theft, or accident claims which may arise out of or in connection with the services provided by Independent Contractor to Applicant.
  11. Applicant’s Remedies: Applicant and Company agree that should Company, and/or its officers, employees and agents,be found liable for any loss or damages resulting from a failure to perform any of its obligations including, but not limited to negligence, breach of agreement or otherwise, then Applicant and Company agree that Company, and/or its officers, employees and agents’, liability shall be limited to a sum equal to a four (4) hour referral service charge for Applicant.
  12. Company’s Remedies: In the event of Applicant’s breach of the above Non-Compete and Confidentiality provisions, Applicant and Company agree that it would be impossible to ascertain the exact damages of Company and that Company shall be entitled to receive from Applicant as liquidated damages a sum equal to $5,000.00. This is not meant to be a penalty nor a windfall to the Company but a method to compensate it for lost profits. This would not limit other damages recoverable by the Company, or the Company’s right to injunctive relief to enforce this agreement.
  13. Legal Fees and Court Costs: Should the Company resort to the use of an attorney regarding any matter arising from this agreement, the Company shall be entitled to recover from the Applicant its reasonable attorney’s fees, court costs and related expenses.
  14. Governing Law and Venue: The parties agree that this agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The venue for any legal action or proceeding shall be in Palm Beach County, Florida.
  15. Severability Provision: The provisions in this agreement shall be severable which is to say that should a portion of this agreement be declared invalid or unenforceable, that same would not alter the remaining provisions.
  16. The rights and obligations under this agreement are personal to Applicant and Company and may not be assigned or transferred to any other person, firm, corporation or other entity without the prior written consent of the parties.

No Waiver of Breach and Entire Agreement. TIME IS OF THE ESSENCE IN THIS AGREEMENT. The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the term and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. This agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Modifications of this agreement shall be binding only if evidenced in writing signed by Applicant and Company.

Credit Card Terms and Conditions/Authorization

To fairly resolve any dispute between Applicant (and Cardholder, if different) and Sitters In A Second, Inc. ("SIAS") regarding your membership, account, fees, charges, any transaction with you and SIAS, or any SIAS policies, you and SIAS agree that any claims of these types by either you or SIAS shall be settled exclusively by binding arbitration governed by the Florida Arbitration Act and administered under the American Arbitration Association rules for resolution of consumer-related disputes, or under other mutually agreed procedures. The venue for such action shall be in Palm Beach County, Florida.

Applicant acknowledges that he/she has received and read a copy of the current SIAS Rules and Procedures. SIAS reserves the right, at any time and without notice, to amend the Rules and Procedures for Membership. APPLICANT (AND CARDHOLDER, IF DIFFERENT) ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY AND GUARANTEES PAYMENT FOR ALL SERVICES REQUESTED, EITHER VERBALLY OR IN WRITING, WHETHER OR NOT SUCH SERVICES ARE AUTHORIZED BY APPLICANT (OR CARDHOLDER, IF DIFFERENT). Applicant (and Cardholder, if different) agrees that SIAS may pursue all avenues of collection, including use of collection agencies, and authorizes SIAS to prepare and submit credit card charges using any of the charge cards listed above to recover all charges and all other unpaid amounts due to (a) Applicant's failure to timely pay for services through the membership. (b) damages for returned check charges in the amount of $30.00 per check, membership dues, cancellation fees, and (c) any other unpaid charges and reasonable legal costs/expenses resulting from a breach of this membership agreement. * PLEASE SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE OF MEMBERSHIPS AND RATES.