Terms
of Service
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IMPORTANT TERMS & CONDITIONS GOVERNING THE PROVISION OF SERVICES BY HOME COMFORT CAREGIVERS INTERNATIONAL INC. 1. Home Comfort Caregivers International Inc. (hereinafter referred to as “Home Comfort”), and the Employer/Parent(s) and the Nanny/Caregivers who wish to take advantage of Home Comfort’s services (all three parties are referred to hereinafter as the “parties”) all agree to the terms listed here without any formality other than the Employer/Parent(s) and the Nanny/Caregiver’s respective actions of contacting Home Comfort to request the use of Home Comfort’s services. The Employer/Parent(s) and the Nanny/Caregiver irrevocably acknowledge and agree that they have received sufficient consideration for their agreement to these terms and conditions, including but not limited to the role of Home Comfort in facilitating contact between them. 2. The parties all agree that Home Comfort Caregivers International Inc.Home Comfort is acting solely as a referral agent source; that is, providing Employer/Parent(s) with a list of potential Nanny/Caregivers and providing Nanny/Caregivers with an opportunity for them to be considered for employment as Nanny/Caregivers by potential Employer/Parent(s). As a result, they each agree that Home , and Comfort is never not an Employee or the employer in the placement process or otherwise the agent of the Employer/Parent(s) or the Nanny/Caregiver. In other words, in any placement of a Nanny/Caregiver with an Employer/Parent(s), those two parties are contracting with each other and Home Comfort is not a party to such contract. 2. Home Comfort Caregivers International Inc. is not an agent of the Caregiver or the Employer. 3. You understand and agree that you shall not hold yourself out as the agent, representative, or employee of Home Comfort Caregivers International Inc.. 4. Home Comfort Caregivers International Inc.Home Comfort assumes no liability or responsibility for participating in the selection by the Employer/Parent(s) of of the candidate particular Nanny/Caregivers.; the total responsibility of for selecting and employing a Nanny/Caregiver rests entirely with the Employer/Parent(s). Likewise, Home Comfort assumes no liability or responsibility for participating in the selection by the Nanny/Caregiver of a particular Employer/Parent(s). Total responsibility for selecting a placement with an Employer/Parent(s) rests entirely with the Nanny/Caregiver.
(b) The Employer/Parent(s) agrees to indemnify and hold harmless Home Comfort from any loss, damage, expense (including all legal and other professional fees and disbursements) or liability which Home Comfort may incur as a result of any third party (including the child or children of the Employer/Parent(s)) initiating or threatening to initiate any legal proceedings against Home Comfort as a consequence of any unsuitability of or any act or omission of the Nanny/Caregiver. (c) Home Comfort is in no way liable for any loss, damage, expense, liability or injury which the Nanny/Caregiver or any third party may suffer or incur as a result of the wrongful or negligent acts or omissions of the Employer/Parent(s) (including any breach of their contract) or any other third party. (d) The Nanny/Caregiver agrees to indemnify and hold harmless Home Comfort from any loss, damage, expense (including all legal and other professional fees and disbursements) or liability which Home Comfort may incur as a result of any third party (including the child or children of the Employer/Parent(s)) initiating or threatening to initiate any legal proceedings against Home Comfort as a consequence of any unsuitability of or any act or omission of the Nanny/Caregiver. 56. Home Comfort Caregivers International Inc.Home Comfort does not guarantee results and is not responsible if employment with of the Caregiver Nanny/Caregiver is unsuccessful, no matter for whatever the reason. However, if the relationship with a Caregiver Nanny/Caregiver is not working out and the Employer/Parent(s) provides Home Comfort with written notification within three (3) months of the arrival of such Nanny/Caregiver in the Employer’s/Parent(s)’s home that the Employer/Parent(s) wishes to seek a replacement Nanny/Caregiver, we Home Comfort agrees to, without charge but only for one (1) year, provide the same referral services to the Employer/Parent(s) to provide such Employer/Parent(s) the possibility of finding will replace (1) one one (1) replacement Caregiver Nanny/Caregiver for the same placement situation free of charge within the first three (3) months after placement. We do Home Comfort does not guarantee that the Employer/Parent(s) will find a suitable replacement Caregiver Nanny/Caregiver or find such Nanny/Caregiver within any specified one (1) year time period. Upon the Employer/Parent(s) engaging a replacement Nanny/Caregiver through Home Comfort or the expiry of one (1) year after the written notification (whichever occurs first), Home Comfort’s obligations to such Employer/Parent(s) in regards to this placement shall be at an end. 67. Any fees paid by the Applicant The Employer/Parent(s) acknowledge that he, she or they have paid no fees to Home Comfort. are non-refundable and are subject to change without notice.
108. This Agreement and the rights, interest and obligations contained herein shall not be transferred, assigned or held in trust to the benefit of a third party without the prior written consent of Home Comfort Caregivers International Inc.Home Comfort, which consent may be withheld in Home Comfort’s sole discretion. 119. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision and any invalid provision will be severable from this Agreement. 102. This Agreement is governed by and is to be construed, interpreted and enforced solely in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties irrevocably sworn to the exclusive jurisdiction of the courts of Ontario to adjudicate any matter between any of them, including the interpretation of these terms and conditions. 113. The Employer/Parent(s) or the Nanny/Caregiver each agree that they will not hold themselves out as the agent, representative, or employee of Home Comfort. 12.
This Agreement constitutes the entire agreement between Home Comfort
and the Employer/Parent(s), between Home Comfort and the Nanny/Caregiver,
or between all three of them in regard to its subject matter,
and supercedes all previous or collateral understandings, representations,
undertakings, statements or other agreements with respect to the
same.
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