RMB users are required to tick a box agreeing to our Terms & Conditions when they register. On our families section there is also a link to the Terms & Conditions, there are also Links to the Terms & Conditions throughout the Frequently Asked Questions page to ensure customers can find these easily. If you have any questions or require further clarification regarding our Terms & Conditions please contact your area office
1.0 Contract
1.1 The below Terms & Conditions are a legal binding agreement between you as the client and Rockmybaby® as the agency. This is for Rockmybaby® Group and franchised companies - Rockmybaby GmbH.
1.2 Completion of the following – registering on Rockmybaby® website, completion of the Babysitter Request Form, Contract of Service Form (this form is completed on arrival of babysitter) or the Nanny Request form or the Private Household Staff Request Form or the Education Recruitment Request Form - is instant acceptance of the agency Terms & Conditions.
1.3 The word “RMB” refers to Rockmybaby Group (Agency) and franchised areas.
1.4 The word “Client” refers to the person/family educational institution or company using RMB services.
1.5 The word “Candidate/s”, “Babysitter”, “Nanny”, "Household Staff" or " Educators'" efers to any person that RMB introduces to the client.
1.6 The Terms & Conditions are the terms of which RMB offers the client access to the services and use of the RMB website and agency. By registering with RMB the client agrees to abide by these Terms & Conditions. If the client does not agree to abide by these Terms & Conditions, then the client must refrain from using the RMB website.
1.7 Posting false, incomplete, inaccurate or illegal information is strictly prohibited and may be punishable by law.
1.8 Unlawful or illegal use will be reported to the proper authorities and may be punishable by law.
2.0 Client Obligations
2.1. The Client agrees to notify the Agency immediately of the terms of any offer of which it makes to the Candidate; notify the Agency immediately that its offer to the Candidate has been accepted and to provide details to the Agency of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Agency; and .pay the placement Fee, to be calculated in accordance our fee schedule
2.2. The agency fee is payable if the Client Engages the Candidate within the period of 12 calendar months from the date of (a) the Introduction, (b) the Client’s withdrawal of an offer of Engagement or (c) the Candidate’s rejection of an offer of an Engagement, (whichever is the latter).
2.3 Any correspondence, communication either verbally, written or via email is confidential and the client agrees not to disclose to third parties.
2.4 All babysitting bookings must be made directly between you (the client) and RMB (the agency).
2.5 No bookings are to be made directly with the babysitter. Should this obligation be ignored the babysitter is legally obliged to inform the agency and the relevant fees will be charged to the client.
2.6 The client agrees there is a minimum three hour booking fee payable to the babysitter.
2.7 The client agrees to pay the babysitter directly at the end of the babysitting booking in cash.
2.8 The client agrees that RMB requires our candidates to be in a safe, warm and friendly environment.
2.9 Where RMB (in its absolute discretion) believes that there is sufficient negative feedback or feedback is of a concerning nature regarding the client, then RMB will refrain from referring any candidates.
2.10 The client agrees to pay petrol and parking fees if applicable.
2.11 Client will notify the agency immediately of any extension of any temporary placement and agrees further placement fees will apply.
2.12 Client agrees to notify the agency immediately if the candidate has been introduced via a third party (sucha as agency, another website, advert). Failing to inform the agency will result in full placement fees if the candidate has been employed by the client.
2.13 The agency who first introduces the nanny, via any mediums of communication will be due the placement fees.
2.14 Once the client offers employment to one of RMB candidates – the client understands a placement fee will apply.
2.15 Client agrees to enter into an employment contract with the candidate and abide by all statutory obligations of employment.
2.16 Client agrees that they are the employer of the candidate – not the agency.
2.17 Clients are solely responsible for the following
2.18.1 Abiding by all the statutory obligations for employing a candidate.
2.18.2 Full time, casual or part time income tax payment.
2.18.3 AHV, Insurances, Pensions and Taxes
2.19 Clients are responsible for the continued confidentiality of their login details – in an event of unauthorised use by a third party; your account may be deleted.
2.20 Clients agree to immediately notify RMB of any unauthorised use of their login or password.
2.21 Clients must ensure that they exit from their account at the end of each session on the RMB website.
2.22 The Client is solely responsible for ensuring that the Candidate is eligible to work in the client's country and for obtaining and paying for any relevant work permits/visas/immigration requirements that may be necessary and for arranging any medical examinations or investigations into the medical history and health or travel insurance where applicable.
3.0 Fees
3.1 Fees are payable in Swiss Francs.
3.2 All booking fees are non-refundable if the client cancels booking.
3.3 All booking fees are payable per day, if any extension of a booking is made, daily agency fees will apply.
3.4 RMB holds the right not to dispatch a candidate if the agency fee has not been received via online booking or internet banking and in the agencies bank account within 24 hours of commencement date.
3.5 Placement fees are to be paid prior to the candidate commencing work.
3.6 The invoice for placements will be sent via email with payment due within ten business days.
3.7 RMB holds the right to withhold start date of the candidate if the agency fee has not been paid.
3.8 If the candidate’s employment has been extended beyond agreed timeframe (for temporary placements) then the appropriate further charges will be invoiced.
3.9 Client agrees to inform agency if a permanent placement requires additional days or extended hours from initial request.
3.10 Permanent babysitter fees are for only for one babysitter’s details – if that babysitter is unavailable, standard agency fees apply.
3.11 RMB Group reserves the right to increase our agency fees at any time.
4.0 Cancellation Policy
4.1 If cancellation of the babysitter is made within three hours of start time, a minimum of three hours will be charged to the client and forwarded onto the babysitter.
4.2 RMB cannot be held responsible for cancellations or no-shows of a babysitter.
4.3 Overdue accounts will incur additional costs, which is the clients responsibility.
4.5 If the client cancels employment before start date, the agency will charge the client 50% of the invoiced agency fees, with a minimum of CHF950CHF.
4.6 If the employee cancels employment before start date, then a full refund will be given, with the first option of RMB to find a suitable replacement.
4.7 If a temporary placement is cancelled before or after start date the full agency fee's will apply.
4.8 RMB reserves our rights to cancel immediately any RMB services if RMB candidates has been mistreated, working in an unsafe environment or is harmed in anyway.
5.0 Refunds & Guarantee
For the following - Rockmybaby Group and franchised companies - Rockmybaby GmbH
5.1 Although RMB endeavours to find a babysitter on request, we cannot always guarantee this will be possible.
5.2 In the unfortunate circumstance where a babysitter cannot be found on the requested date/s a full refund of the RMB agency fee will be given.
5.3 This full refund also applies if the booked babysitter cancels or no-shows to the booking and a second babysitter cannot be found.
5.4 Although RMB has high expectations of our candidates and we aim to provide you with exceptional candidates there is still no complete guarantee of reliability, honesty and character of the candidate provided by the agency. Any concerns, please contact us immediately.
5.5 The replacements for Placements will only be applicable to invoice settled within the ten-day payment period.
5.5.1 The Agency fees are non-refundable. Should the Candidate leave the employment within 30- 365 days (depending on the service-level selected) from commencing such employment, the Agency will offer one replacement Candidate free of charge. The Agency shall provide the Client with up to three candidate profiles for free replacement. Such profiles will be selected based on the information originally provided in the client’s job request and will be provided within two months of notification. The agency accepts no liability and is not obliged to offer a Replacement or any refund if the Client finds the candidates unacceptable and does not want to engage any of the potential Candidates.
5.6 Replacements will only be given to the Client if the Client has informed the Agency by email of the fact within two days of the date the employment was terminated/ended.
5.6.1 The guarantee does not apply if they employee has left the position due to unreasonable working conditions, change of location, change of job description, redundancy of candidate, change of mind or change of circumstances, or if RMB believes the candidate has been mistreated in any way.
5.7 A placement is deemed satisfactory after 30-365 days (depending on service-level selected) – after this time frame no replacements will be given.
5.8 No refunds will be given if a temporary or permanent placement has been reduced after start date.
6.0 Liability
6.1 By using the RMB Agency the client expressly authorises RMB to collect and publish information about them as detailed in these Terms & Conditions and the client expressly waive any rights, whether in statute or at common law, to bring any legal action against RMB as a result of RMB's publication of such information, whether the client considers that information to be fair and accurate or not.
6.2 RMB acts as an agent for the client, not as an employer of the candidate. Therefore the agency accepts no liability or responsibility for accident, injury, loss, damage or misconduct sustained by candidate, clients or any other persons and by employing a candidate or booking a babysitter through RMB, The Client agrees to exclude the agency should any mishap occur.
6.3 RMB endeavours to validate the background of our candidates. We cannot guarantee that all the information is correct. RMB Agency conducts background checks, conducts interviews, and ensures the candidates hold or are willing to obtain a current first aid and criminal screening. The Client will be responsible for taking up references and obtaining confirmation of qualifications and shall satisfy him or herself as to the actual suitability of any candidate introduced by the Agency for the specific position offered.
6.4 The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability insurance for domestic workers, including childcare.
6.5 RMB website does contain links to third party advertisements and links to third party sites. Access to any other Internet site linked to RMB website, is at the clients own risk. RMB accepts no responsibility for the accuracy or reliability of any information, opinions, or statements made in any third party advertisements or on any third party sites.
6.6 Any outside users from other countries can access this website – RMB makes no representation, the client expressly waive any rights whether in statute or at common law, to bring any legal action against RMB as a result of RMB's publication of content within this website. The clients are responsible for ensuring compliance with all laws where they are located.
7.0 Confidentiality
7.1 RMB website uses Payment Express Solutions - our credit card payments are secure certified and compliant to the Payment Card Industry Data Security Standards (PCI DSS), as a level 1 processor; this includes quarterly scans of its systems and annual onsite audits by a Qualified Security Assessor (QSA). DPS PCI compliance validation can be found in VISA's Global List of PCI DSS Validated Service Providers.
7.2 All communication between both parties (Agency and Clients) shall remain confidential.
7.3 RMB requires the client to provide accurate details of their address, contact details and full name.
7.4 RMB will release account and other personal information only when the above release is appropriate for the function of the website, to comply with the law; enforcement of our Terms & Conditions; or protect the rights, property, or safety of RMB Group, our users or others. However you authorise your babysitter to tell a family member or friend where she/he will be, the expected return time and address of the babysitting booking. This is a simple safety measure for the babysitter.
8.0 Privacy
8.1 Please view our Privacy Policy here.
9.0 Warranties and Indemnities
9.1 The Client is not and will not hold themselves out as an agent of RMB on any basis.
9.2 No warranty is given for suitability honesty and capability, character of any candidates.
9.3 We make no warranties or representations as to the quality, accuracy or completeness of the content on the site or the information otherwise provided by any member.
9.4 The client is fully responsible for employment and/or contracting arrangements with the candidate and all or any legal responsibilities owed by them to the candidate including without limitation any employment obligation or contractual responsibilities.
9.5 The Client will hold RMB harmless against any claims arising out of any claims brought against it arising from the Client’s dealings with and treatment of the candidate howsoever arising.
9.6 While RMB uses reasonable endeavours to ensure that the site is available 24 hours a day, RMB does not make any representations or warranties that your access will be uninterrupted or error free. Access to the site may be suspended temporarily without notice in the case of system failure, webhosting errors, maintenance or repair or any reason beyond our control.
10.0 Disputes
10.1 RMB prefers to resolve any disputes via mediation. Firstly contact your area office that the service was booked through.
10.2 If your local office fails to effectively respond or resolve the client's complaint – please contact Head office info@rockmybaby.ch with full details.
11.0 Copyright and Trademarks
11.1 All content on RMB website – texts, graphics, images, HMTL codes and other material (collectively the “Material”) are protected by Australian and international copyright laws and remain the exclusive property of the Rockmybaby® IP Ltd Company.
12.0 Governing Law
12.1 The Terms & Conditions shall be governed in accordance with the laws of Switzerland and users hereby submit to the non-exclusive jurisdiction of the Courts of that state.
12.2 RMB website, IP, Copyright is owned and registered by Rockmybaby® Group, based at PO BOX 8720, Havelock North, New Zealand, 4157.
RMB Agency reserves the right to Change our Terms & Conditions at any stage.
RMB users are required to tick a box agreeing to our Terms & Conditions when they register. On our families section there is also a link to the Terms & Conditions, there are also Links to the Terms & Conditions throughout the Frequently Asked Questions page to ensure customers can find these easily. If you have any questions or require further clarification regarding our Terms & Conditions please contact your area office
1.0 Contract
1.1 The below Terms & Conditions are a legal binding agreement between you as the client and Rockmybaby® as the agency. This is for Rockmybaby® Group and franchised companies - Rockmybaby GmbH.
1.2 Completion of the following – registering on Rockmybaby® website, completion of the Babysitter Request Form, Contract of Service Form (this form is completed on arrival of babysitter) or the Nanny Request form or the Private Household Staff Request Form or the Education Recruitment Request Form - is instant acceptance of the agency Terms & Conditions.
1.3 The word “RMB” refers to Rockmybaby Group (Agency) and franchised areas.
1.4 The word “Client” refers to the person/family educational institution or company using RMB services.
1.5 The word “Candidate/s”, “Babysitter”, “Nanny”, "Household Staff" or " Educators'" efers to any person that RMB introduces to the client.
1.6 The Terms & Conditions are the terms of which RMB offers the client access to the services and use of the RMB website and agency. By registering with RMB the client agrees to abide by these Terms & Conditions. If the client does not agree to abide by these Terms & Conditions, then the client must refrain from using the RMB website.
1.7 Posting false, incomplete, inaccurate or illegal information is strictly prohibited and may be punishable by law.
1.8 Unlawful or illegal use will be reported to the proper authorities and may be punishable by law.
2.0 Client Obligations
2.1. The Client agrees to notify the Agency immediately of the terms of any offer of which it makes to the Candidate; notify the Agency immediately that its offer to the Candidate has been accepted and to provide details to the Agency of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Agency; and .pay the placement Fee, to be calculated in accordance our fee schedule
2.2. The agency fee is payable if the Client Engages the Candidate within the period of 12 calendar months from the date of (a) the Introduction, (b) the Client’s withdrawal of an offer of Engagement or (c) the Candidate’s rejection of an offer of an Engagement, (whichever is the latter).
2.3 Any correspondence, communication either verbally, written or via email is confidential and the client agrees not to disclose to third parties.
2.4 All babysitting bookings must be made directly between you (the client) and RMB (the agency).
2.5 No bookings are to be made directly with the babysitter. Should this obligation be ignored the babysitter is legally obliged to inform the agency and the relevant fees will be charged to the client.
2.6 The client agrees there is a minimum three hour booking fee payable to the babysitter.
2.7 The client agrees to pay the babysitter directly at the end of the babysitting booking in cash.
2.8 The client agrees that RMB requires our candidates to be in a safe, warm and friendly environment.
2.9 Where RMB (in its absolute discretion) believes that there is sufficient negative feedback or feedback is of a concerning nature regarding the client, then RMB will refrain from referring any candidates.
2.10 The client agrees to pay petrol and parking fees if applicable.
2.11 Client will notify the agency immediately of any extension of any temporary placement and agrees further placement fees will apply.
2.12 Client agrees to notify the agency immediately if the candidate has been introduced via a third party (sucha as agency, another website, advert). Failing to inform the agency will result in full placement fees if the candidate has been employed by the client.
2.13 The agency who first introduces the nanny, via any mediums of communication will be due the placement fees.
2.14 Once the client offers employment to one of RMB candidates – the client understands a placement fee will apply.
2.15 Client agrees to enter into an employment contract with the candidate and abide by all statutory obligations of employment.
2.16 Client agrees that they are the employer of the candidate – not the agency.
2.17 Clients are solely responsible for the following
2.18.1 Abiding by all the statutory obligations for employing a candidate.
2.18.2 Full time, casual or part time income tax payment.
2.18.3 AHV, Insurances, Pensions and Taxes
2.19 Clients are responsible for the continued confidentiality of their login details – in an event of unauthorised use by a third party; your account may be deleted.
2.20 Clients agree to immediately notify RMB of any unauthorised use of their login or password.
2.21 Clients must ensure that they exit from their account at the end of each session on the RMB website.
2.22 The Client is solely responsible for ensuring that the Candidate is eligible to work in the client's country and for obtaining and paying for any relevant work permits/visas/immigration requirements that may be necessary and for arranging any medical examinations or investigations into the medical history and health or travel insurance where applicable.
3.0 Fees
3.1 Fees are payable in Swiss Francs.
3.2 All booking fees are non-refundable if the client cancels booking.
3.3 All booking fees are payable per day, if any extension of a booking is made, daily agency fees will apply.
3.4 RMB holds the right not to dispatch a candidate if the agency fee has not been received via online booking or internet banking and in the agencies bank account within 24 hours of commencement date.
3.5 Placement fees are to be paid prior to the candidate commencing work.
3.6 The invoice for placements will be sent via email with payment due within ten business days.
3.7 RMB holds the right to withhold start date of the candidate if the agency fee has not been paid.
3.8 If the candidate’s employment has been extended beyond agreed timeframe (for temporary placements) then the appropriate further charges will be invoiced.
3.9 Client agrees to inform agency if a permanent placement requires additional days or extended hours from initial request.
3.10 Permanent babysitter fees are for only for one babysitter’s details – if that babysitter is unavailable, standard agency fees apply.
3.11 RMB Group reserves the right to increase our agency fees at any time.
4.0 Cancellation Policy
4.1 If cancellation of the babysitter is made within three hours of start time, a minimum of three hours will be charged to the client and forwarded onto the babysitter.
4.2 RMB cannot be held responsible for cancellations or no-shows of a babysitter.
4.3 Overdue accounts will incur additional costs, which is the clients responsibility.
4.5 If the client cancels employment before start date, the agency will charge the client 50% of the invoiced agency fees, with a minimum of CHF950CHF.
4.6 If the employee cancels employment before start date, then a full refund will be given, with the first option of RMB to find a suitable replacement.
4.7 If a temporary placement is cancelled before or after start date the full agency fee's will apply.
4.8 RMB reserves our rights to cancel immediately any RMB services if RMB candidates has been mistreated, working in an unsafe environment or is harmed in anyway.
5.0 Refunds & Guarantee
For the following - Rockmybaby Group and franchised companies - Rockmybaby GmbH
5.1 Although RMB endeavours to find a babysitter on request, we cannot always guarantee this will be possible.
5.2 In the unfortunate circumstance where a babysitter cannot be found on the requested date/s a full refund of the RMB agency fee will be given.
5.3 This full refund also applies if the booked babysitter cancels or no-shows to the booking and a second babysitter cannot be found.
5.4 Although RMB has high expectations of our candidates and we aim to provide you with exceptional candidates there is still no complete guarantee of reliability, honesty and character of the candidate provided by the agency. Any concerns, please contact us immediately.
5.5 The replacements for Placements will only be applicable to invoice settled within the ten-day payment period.
5.5.1 The Agency fees are non-refundable. Should the Candidate leave the employment within 30- 365 days (depending on the service-level selected) from commencing such employment, the Agency will offer one replacement Candidate free of charge. The Agency shall provide the Client with up to three candidate profiles for free replacement. Such profiles will be selected based on the information originally provided in the client’s job request and will be provided within two months of notification. The agency accepts no liability and is not obliged to offer a Replacement or any refund if the Client finds the candidates unacceptable and does not want to engage any of the potential Candidates.
5.6 Replacements will only be given to the Client if the Client has informed the Agency by email of the fact within two days of the date the employment was terminated/ended.
5.6.1 The guarantee does not apply if they employee has left the position due to unreasonable working conditions, change of location, change of job description, redundancy of candidate, change of mind or change of circumstances, or if RMB believes the candidate has been mistreated in any way.
5.7 A placement is deemed satisfactory after 30-365 days (depending on service-level selected) – after this time frame no replacements will be given.
5.8 No refunds will be given if a temporary or permanent placement has been reduced after start date.
6.0 Liability
6.1 By using the RMB Agency the client expressly authorises RMB to collect and publish information about them as detailed in these Terms & Conditions and the client expressly waive any rights, whether in statute or at common law, to bring any legal action against RMB as a result of RMB's publication of such information, whether the client considers that information to be fair and accurate or not.
6.2 RMB acts as an agent for the client, not as an employer of the candidate. Therefore the agency accepts no liability or responsibility for accident, injury, loss, damage or misconduct sustained by candidate, clients or any other persons and by employing a candidate or booking a babysitter through RMB, The Client agrees to exclude the agency should any mishap occur.
6.3 RMB endeavours to validate the background of our candidates. We cannot guarantee that all the information is correct. RMB Agency conducts background checks, conducts interviews, and ensures the candidates hold or are willing to obtain a current first aid and criminal screening. The Client will be responsible for taking up references and obtaining confirmation of qualifications and shall satisfy him or herself as to the actual suitability of any candidate introduced by the Agency for the specific position offered.
6.4 The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability insurance for domestic workers, including childcare.
6.5 RMB website does contain links to third party advertisements and links to third party sites. Access to any other Internet site linked to RMB website, is at the clients own risk. RMB accepts no responsibility for the accuracy or reliability of any information, opinions, or statements made in any third party advertisements or on any third party sites.
6.6 Any outside users from other countries can access this website – RMB makes no representation, the client expressly waive any rights whether in statute or at common law, to bring any legal action against RMB as a result of RMB's publication of content within this website. The clients are responsible for ensuring compliance with all laws where they are located.
7.0 Confidentiality
7.1 RMB website uses Payment Express Solutions - our credit card payments are secure certified and compliant to the Payment Card Industry Data Security Standards (PCI DSS), as a level 1 processor; this includes quarterly scans of its systems and annual onsite audits by a Qualified Security Assessor (QSA). DPS PCI compliance validation can be found in VISA's Global List of PCI DSS Validated Service Providers.
7.2 All communication between both parties (Agency and Clients) shall remain confidential.
7.3 RMB requires the client to provide accurate details of their address, contact details and full name.
7.4 RMB will release account and other personal information only when the above release is appropriate for the function of the website, to comply with the law; enforcement of our Terms & Conditions; or protect the rights, property, or safety of RMB Group, our users or others. However you authorise your babysitter to tell a family member or friend where she/he will be, the expected return time and address of the babysitting booking. This is a simple safety measure for the babysitter.
8.0 Privacy
8.1 Please view our Privacy Policy here.
9.0 Warranties and Indemnities
9.1 The Client is not and will not hold themselves out as an agent of RMB on any basis.
9.2 No warranty is given for suitability honesty and capability, character of any candidates.
9.3 We make no warranties or representations as to the quality, accuracy or completeness of the content on the site or the information otherwise provided by any member.
9.4 The client is fully responsible for employment and/or contracting arrangements with the candidate and all or any legal responsibilities owed by them to the candidate including without limitation any employment obligation or contractual responsibilities.
9.5 The Client will hold RMB harmless against any claims arising out of any claims brought against it arising from the Client’s dealings with and treatment of the candidate howsoever arising.
9.6 While RMB uses reasonable endeavours to ensure that the site is available 24 hours a day, RMB does not make any representations or warranties that your access will be uninterrupted or error free. Access to the site may be suspended temporarily without notice in the case of system failure, webhosting errors, maintenance or repair or any reason beyond our control.
10.0 Disputes
10.1 RMB prefers to resolve any disputes via mediation. Firstly contact your area office that the service was booked through.
10.2 If your local office fails to effectively respond or resolve the client's complaint – please contact Head office info@rockmybaby.ch with full details.
11.0 Copyright and Trademarks
11.1 All content on RMB website – texts, graphics, images, HMTL codes and other material (collectively the “Material”) are protected by Australian and international copyright laws and remain the exclusive property of the Rockmybaby® IP Ltd Company.
12.0 Governing Law
12.1 The Terms & Conditions shall be governed in accordance with the laws of Switzerland and users hereby submit to the non-exclusive jurisdiction of the Courts of that state.
12.2 RMB website, IP, Copyright is owned and registered by Rockmybaby® Group, based at PO BOX 8720, Havelock North, New Zealand, 4157.
RMB Agency reserves the right to Change our Terms & Conditions at any stage.