Terms of Use

Terms of Use These Terms of Use apply to www.bellfamilycompany.com, www.nynanny.com, www.hellositter.com and www.luckylildarlings.com or any related domains and services sought, rendered, resulting or provided by American Bell Family Company, LLC, a Delaware Limited Liability Company, (hereafter “Company”, or “Bell Family”). We reserve the right to modify or change these Terms of Use or our website at any time without prior notice. If changes are made, we will make an effort to inform you (“You” or “Client” or “Family Care Provider”) of any changes, and all changes will be updated on the website.

Content

All content (logos, text, audio, video, etc.) is copyrighted by Bell Family and may not be used without the express, written consent of Bell Family, except as allowed by fair use principals under United States copyright laws. Bell Family does not claim copyright protection for content that is part of the public domain, content licensed to Bell Family, or any other content not created by Bell Family or content otherwise not protectable by copyright.

Communicating With Us

By using email or other forms of electronic messaging you agree to continue communications via electronic means. Further, you assume the risk that electronic messaging may not be secure and can be misdirected. You may request communication be completed over the telephone or by postal mail.

Business hours are Monday through Friday 10:00am to 6:00pm, excluding holidays. For a list of holidays contact the Company.

The Company offers concierge on-call hours open to member Clients. The Company will be available for check ins Monday through Friday 6:00pm to 10:00pm EST and 7:00am to 10:00am EST as well as Saturday, Sunday and holidays hours 8:00am to 9:00pm EST. Note the Company’s concierge on-call services are for urgent requests only (urgent requests are defined as appointments during concierge on-call hours), any requests made for appointments outside concierge hours will be answered during normal business hours. Any requests made during off-call hours will be responded to once on-call hours resume.

Use Of Our Services - For Families

By continuing to use Bell Family and its websites you agree that you have read these Terms of Use and agree to these Terms of Use. You also agree that your continued use of the website after any modifications to these Terms of Use is consent to the modified terms. If you do not agree to these Terms of Use, then do not use this website and provide a written email to us to discontinue use.

Bell Family is in the business of providing referrals of pre-screened Family Care Providers to Client families and corporations (“Clients”), primarily to members of our network.

The use of the Bell Family websites is generally to book prospective Family Care Providers that Bell Family and recommends to member Families (hereafter, “Client”). The final choice of Family Care Provider and job conditions lies solely with Client; Bell Family is solely a recommendation and booking engine. Through use of our platform and related services, Client understands and hereby agrees:

Client must provide Bell Family with accurate information about your Family and its preferences including information in your Family profile. You are responsible for maintaining your account and password, as well as preventing the unauthorized use of your account. Bell Family suggests not writing down your account information and not using a common password to further protect your account from unauthorized use.

You agree that the governing law for any disputes is the laws of the State of New York in the United States, excluding conflicts of law principles. You further agree that any disputes must be submitted to the jurisdiction of any competent court in a county that Bell Family is registered in with the proper state authorities. These Terms of Use represent the entire and complete Terms of Use for Bell Family, other terms apply to the use of Bell Family services.

Should any portion or provision of the Terms of Use be found to be invalid, illegal, or unenforceable by a court with proper jurisdiction, then that provision is stricken from the Terms of Use and all other provisions remain valid and enforceable, and these Terms of Use remain in effect.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use our website. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to using our website.

Use Of Our Services - For Family Care Providers

Family Care Provider agrees they do not provide services to Bell Family (“Company”). Family Care Provider only provides services to Clients, and only receives payment for services from Clients. Family Care Provider will not be paid for services rendered, reimbursement of expenses, or any other fees or payments by Company. Family Care Provider alone is responsible for collecting funds from Clients. The services provided by and the hours devoted by the Family Care Provider to work on any given day will be entirely within the control of Family Care Provider.

Family Care Provider will not be considered an employee of Company for any purpose. Neither Family Care Provider nor Company have the authority to act as agent for, incur liability on behalf of, or make any agreement on behalf of the other party. Family Care Provider hereby expressly retains the right to control the method and manner of performing its duties, and retains the sole risk of loss for its services. Family Care Provider will personally provide all services under this contract, and may not assign, delegate or otherwise transfer the performance of their personal services to any other Family Care Provider. Accordingly, Company does not provide benefits, workers compensation, unemployment or any other benefit of employment including providing tax forms.

Family Care providers will be required to pass one or more than one background check at their own expense. The Family Care Provider agrees that a copy of their background check will be available via download to any family that is sent their public profile. This expense will not be reimbursed by Company. Family Care Provider is not guaranteed placement by the Company. If placed, and in the course of performing services for clients or receiving information from Company, the Parties understand that Family Care Provider may acquire information which is confidential and/or proprietary trade secrets of the Company. Family Care Provider agrees to keep all such information confidential, to not provide such information to anyone other than the Company, and to not use this information for business advantage. Family Care Provider further understands that Bell Family client lists may be considered a trade secret and that the use of or divulging of trade secrets may be a violation of state law. Family Care Provider may not work for a client of the Company except as arranged through the Company.

Family Care Provider agrees to indemnify and hold harmless Company from and against any and all liability, claims, losses, demands, injuries, expenses and causes of action (including reasonable attorneys’ and paralegal fees) resulting from or arising in connection with the negligent or willful act or omission of Family Care Provider in the performance of their obligations under this Agreement including but not limited to all claims which may be made or asserted by any third party who may be a recipient of the services provided hereunder but is not a party to this Agreement.

Liability - General

You agree to hold harmless Bell Family, for any damages caused by Family Care Provider working as a domestic provider for the Client. Client hereby acknowledges that Bell Family is solely a recommendation and booking engine serving only as placement agent among Family Care Provider and Client.

You hereby agree that Bell Family is not to be held responsible for any type of property damage (to your car or a third party's car, or any other property) or bodily injury or death (to either occupants of your car or another car) resulting from Family Care Providers using your vehicle or other assets. It is against Bell Family policy for Family Care Providers to use their own vehicles, and if you choose to allow a Family Care Provider to drive your vehicle, or drive any vehicle while working for you, Bell Family cannot be held liable for any results of your choice to do so.

Bell Family disclaims all liability with respect to its obligations under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages suffered or sustained whether arising under contract tort or any other theory, and expressly disclaims any warranties, including warranties of merchantability or fitness for a particular purpose. In any event, Bell Family’s liability to Client for any and all claims, losses, expenses or damages, including attorneys' fees and costs, any reason and upon any cause of action shall be limited to the net amount actually paid to Bell Family by the family during the twelve (12) months immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.

The Client hereby releases and forever discharges Bell Family from any and all claims, demands, debts, damages, and causes of action of any and every nature whatsoever, whether known or unknown, arising out of or related to the Services. The Parties agree and fully intend that the foregoing release is valid, effective, binding, and enforceable in accordance with its terms, notwithstanding the possibility that the Client may hereafter discover facts that, if such facts had been known by him or her as of the time of execution of these terms, might have materially affected his or her decision to enter into this agreement. Accordingly, the Client hereby intentionally and voluntarily waives the benefits of any state or federal statute, law, or rule that would provide to the contrary. Furthermore, the Client agrees to indemnify, defend and hold Bell Family, its officers, directors, employees, contractors and agents harmless from any and all liabilities, claims, actions and causes of action whatsoever arising out of or in any way connected with either the Services or subsequent action or performance of the Family Care Provider. Additionally, in the event Bell Family is named as a defendant in a lawsuit involving the Family Care Provider, the Client, or any other person, arising out of the Family Care Provider's negligence, malfeasance, nonfeasance or willful misconduct, the Client agrees to indemnify Bell Family and pay all of Bell Family's costs and attorneys' fees.

Automatic Renewal for Membership Fees

For families that choose to utilize Bell Family Company’s Sitter Services, we will automatically renew your annual membership for one year at the membership fee price that is in effect on the date of renewal, using the credit card, debit card, or other payment information on file with the Company. Such annual renewal payment will take place on or about your membership expiration date. If the client chooses to not renew their membership, the client must notify Bell Family in writing to cancel the membership at least seven (7) days prior to expiration or the membership will be charged on the scheduled day.

Payment

By applying for a Bell Family Sitter Services Membership, you affirmatively consent to automatic charges to the credit or debit card that you have provided to our company to hold on file for payment of your account. Any charges that are not paid by you within three (3) business days following a service date will be charged in full to your credit or debit card. Bell Family reserves the right to charge the family (either membership rates or non member rates) depending on status of family.

On-demand bookings of 23 hours in duration or less shall be paid by the Client for working hours. The Client agrees to pay for a minimum of four (4) hours of work if in the event the Client comes home early and did not communicate that the sitter prior to the appointment’s commencement.

Some placement services such as Nanny Services, Kid Zones and Corporate events are more fully detailed in individual placement agreements.

For Nanny Services the family agrees that if any Family Care Provider referred to you by Bell Family is hired pursuant to the terms of the Agreement, you shall pay a fee of 16% of the first year annual gross salary regardless of whether the Family Care Provider serves for an entire year or you shall pay a fee of 20% of the total gross salary for a temporary placement. The fee shall be paid in full on the day that the Family Care Provider commences employment.

A service charge will be added to past due accounts of any kind of thirty days (30) equal to 1.5% per month (18% annually) on the previous months balance, less payments received during the month.

In the event the Client defaults in its payment of any kind, the Client agrees to pay all costs incurred by the Company in connection with its collection of such fees, including reasonable attorneys' fees.

Guarantee

Termination

For Clients: The Company reserves the right to terminate your membership, account or refuse service of any kind at our discretion. The Company has a zero tolerance for misconduct, illegal activity, for Family Care Providers witnessing or observing substance abuse or acts of moral turpitude of any kind. This includes correspondence via electronic messaging, phone or within the Client's household.

For Family Care Providers: The Company does not guarantee that the Family Care Provider’s acceptance will result in his/her being hired by a prospective Client and The Company is not responsible for any employment decisions made by any employer. The Company is not an employer; we are a care provider placement service. The Company reserves the right to terminate a Family Care Provider at any time. Our Company has a zero tolerance policy for no shows, misconduct, illegal activity, substance abuse or acts of moral turpitude of any kind. This includes correspondence via electronic messaging, phone, in person, within the Client's household or within the Company’s office.

Once a Client or Family Care Provider is terminated, their account will be blocked and they will no longer have access to the Company.

Change / Cancellation Fee Policy

Contact Us

If you have any questions or comments about the Services, contact us at info@bellfamilycompany.com.

American Bell Family Company, LLC New York, NY 10017