terms and conditions

This agreement is made between Peas in a Pod Agency ABN 64 302 376 994 (‘Peas in a Pod’) and the Parents/Guardians using the service provided by Peas in a Pod Agency for the engagement of Babysitters for the care of the children of the Parents/Guardians. 

It is at all times subject to the following Terms and Conditions:

Definitions

  • “Babysitter” refers to a person entrusted to care for the child of the Parent/Guardian who is engaged on an ad hoc basis.

  • “Nanny” refers to a person entrusted to care for the child of the Parent/Guardian who is engaged on an ongoing and regular basis.

  • “Metropolitan Melbourne” refers to the local council areas listed in Appendix 1 (see below). 

  • “Metropolitan Sydney” refers to the local council areas listed in Appendix 2 (see below). 

  • “Parent/Guardian” refers to the person representing to have the care and control of the child for whom the booking has been made.

  • “Profile” refers to the Parent/Guardian’s account which can be accessed through the Peas in a Pod portal.

  • “Stripe” refers to a payment processing platform which stores payment information safely and securely through an encrypted system.

  • “Working with Children Check” refers to an application to the appropriate authority pursuant to the Working with Children Act 2005, or any subsequent legislation.

  • Words with a singular meaning also incorporate the plural meaning of that word.

  • All prices are inclusive of GST.

Accreditations

  • Peas in a Pod requires all Babysitters to hold a valid Employee Working with Children Check prior to commencing work with the Parent/Guardian.

  • Peas in a Pod require all Nannies to either:

  • Peas in a Pod requires all Babysitters/Nannies to obtain and maintain a valid First Aid Certificate.

  • Peas in a Pod does not, however, provide any warranty or guarantee as to the fitness of the Babysitter/Nannies for the care of the particular child in the circumstances.

Babysitting Service

Booking Fees

A booking fee is charged each time the Parent/Guardian engages a Babysitter. It is charged once a Babysitter has been allocated.

  • The Parent/Guardian must pay $35 fee per booking to engage a Babysitter. 

  • There is the option for Parents/Guardians to purchase booking fee credits in advance. Upon purchase, credits are automatically applied to the Parent/Guardian’s account and are deducted as bookings are confirmed.

The following packages are available:

  • 2 credits for $60 (saving $10), valid for 3 months from the date of purchase

  • 4 credits for $110 (saving $30), valid for 3 months from the date of purchase

  • 10 credits for $250 (saving $100), valid for 6 months from the date of purchase

  • Credits are non-refundable, non-transferable, and expire after the specified validity period. Standard booking and cancellation terms apply to all bookings made using credits. Cancellation of a booking made with credits will follow the same policy as individual booking fees.

  • Upon payment of the booking fee, the payment details provided are encrypted through Stripe and saved to the Profile.

  • Bookings outside of Metropolitan Sydney or Melbourne incur a $50 booking fee per day.

  • If the Parent/Guardian wishes to make a booking for the same day or within 12-hours of the scheduled start time, there is an additional $15 rush fee. 

  • If a Babysitter has been confirmed and does not arrive, Peas in a Pod will endeavour to find a replacement and the Parent/Guardian will receive a refund of the booking fee. The replacement’s hourly fee will not exceed that of the original Babysitter.

Cancellation Policy

  • If the Parent/Guardian provides notice of cancellation to Peas in a Pod 12-hours prior to the scheduled start time, Peas in a Pod will issue a credit for the booking fee to the Parent/Guardian’s account.

  • If the Parent/Guardian does not provide 12 hours’ notice of cancellation to Peas in a Pod, the booking fee is forfeited and the Parent/Guardian must pay the Babysitter the equivalent of three-hours’ work as a cancellation fee. Peas in a Pod reserves the right to waive this payment if Peas in a Pod deems it appropriate.

  • If a child or person in the house is unwell, the Parent/Guardian must notify Peas in a Pod via text: +61440133800 or to the Babysitting Manager prior to the Babysitter’s arrival. Babysitters reserve the right to choose not to attend work when the child or a person in the house is unwell.

    • If the Babysitter chooses not to work in these circumstances and 12 hours’ notice has been provided, the Parent/Guardian’s account will be issued credit for the booking fee.

  • If Peas in a Pod is not notified that a child or person in the house is unwell and the Babysitter arrives to find this is the case, the Babysitter reserves the right to leave the house and the Parent/Guardian must pay the Babysitter the equivalent of three-hours’ work.

If the Parent/Guardian would like a refund instead of a credit for the booking fee, they must request this via email to the Nanny Client Manager (contact details in link)

Nannying Service

Nanny Agency Fees

Peas in a Pod implements a dual-fee process involving a Searcher’s Fee and a Monthly Subscription Fee.

Searcher’s Fee

  • The Parent/Guardian will pay a Searcher’s Fee of $150 to Peas in a Pod to engage their services in finding a Nanny.

  • The Searcher’s Fee is non-refundable.

  • Peas in a Pod must take reasonable steps to procure a suitable Nanny for the Parent/Guardian and the Parent/Guardian must not unreasonably decline the Nannies offered.

  • Upon payment of the Searcher’s Fee, the payment details provided are encrypted through Stripe and saved to the Profile.

  • If a Parent/Guardian terminates their Nanny arrangement and later seeks to engage Peas in a Pod’s services to find a new Nanny, they will not be re-charged the Searcher’s Fee at this later stage.

Monthly Subscription Fee

  • The Parent/Guardian will pay a Monthly Subscription Fee of $132 to Peas in a Pod to maintain the Nanny arrangement organised by Peas in a Pod.

  • Payment will occur on the Nanny’s first day of work via direct debit through Stripe using the payment details provided by the Parent/Guardian.

  • It is the Parent/Guardian’s responsibility to inform the Nanny Client Manager (contact details in link) at Peas in a Pod of the Nanny’s first day of work. Peas in a Pod will invoice the Parent/Guardian for any monies owed if the Parent/Guardian informs Peas in a Pod of the Nanny’s start date after it has occurred. 

  • The Monthly Subscription Fee is paid one month in advance.

  • If the Parent/Guardian requires two Nannies, the Monthly Subscription Fee is increased to $154.

The Monthly Subscription Fee provides the Parent/Guardian with the following:

  • Quality Control: a Nanny that has been vetted thoroughly by Peas in a Pod and holds the aforementioned certificates;

  • Reliability: if the Nanny is unable to attend a scheduled work day, Peas in a Pod will endeavour to find a replacement. If a replacement cannot be found, the Parent/Guardian’s account will be issued credit on a pro-rata basis, to be applied to the subsequent month’s payment; and

  • Casual Babysitting: a waiver of the $35 booking fee for babysitting services when using the Nanny for casual work outside regular hours (e.g. night-time babysitting). If the Parent/Guardian wishes to book another Babysitter (i.e. not their regular Nanny), they must do so online at https://www.peasinapodagency.com.au/book-a-sitter and pay the $35 booking fee.

The Monthly Subscription Fee must be paid even if the Parent/Guardian does not ultimately use the Nanny Replacement Service or Casual Babysitting options. 

By using Peas in a Pod services, the Parent/Guardian agrees to pay all reasonable fees and charges associated with their booking and any other services provided by Peas in a Pod. Failure to pay any fees or charges may result in the suspension or termination of the Parent/Guardian’s account and/or legal action to recover any outstanding costs.

Peas in a Pod reserves the right to modify or waive any fees or charges at their discretion. Any changes to fees or charges will be clearly communicated to the Parent/Guardian in advance.

Nanny Replacement Service

It is the responsibility of the Parent/Guardian to communicate with Peas in a Pod if their Nanny is unable to attend a scheduled shift and the Parent/Guardian requires a replacement Nanny for that time. Notice is to be provided by email or texting +61440133800 as follows:

  • If the Parent/Guardian requires less than 1 week of cover, they must provide notice 24-hours prior to the scheduled start time.

  • If the Parent/Guardian requires more than 1 week of cover, they must provide notice seven days prior to the scheduled start time.

  • If the required notice is provided and a replacement cannot be found, the Parent/Guardian’s account will be issued credit on a pro-rata basis, to be applied to the subsequent month’s payment.

Pro-rata Credit

The Parent/Guardian’s account will be issued credit for their Month Subscription Fee on a pro-rata basis, to be applied to the subsequent month’s payment, in the following circumstances:

  • If the Parent/Guardian does not require any Nanny for a period longer than 2 weeks and Parent/Guardian provides written notice to Peas in a Pod prior to the upcoming Monthly Subscription Fee direct debit date; 

  • If the Nanny is unable to attend for a period longer than 2 weeks and the Parent/Guardian does not require a replacement for this time. It is the responsibility of the Parent/Guardian to inform Peas in a Pod of this prior to the upcoming Monthly Subscription Fee direct debit date;

  • If the Nanny is not required to work due to unforeseen circumstances and the Parent/Guardian provides notice at their earliest convenience prior to the Nanny’s arrival; or

  • If the Nanny does not arrive for a scheduled day of work and the Parent/Guardian does not wish to engage a casual replacement for the day; or

  • If the Nanny does not arrive for a scheduled day of work and the Parent/Guardian does wish to engage a casual replacement for the day but Peas in a Pod is unable to source one.

The hourly fee of any casual replacement will not exceed that of the regular Nanny.

Where the stipulated notice period is not met, the pro-rata credit will not be applied and the Parent/Guardian will pay the full Monthly Subscription Fee.

Cancellation

  • If a child or person in the house is unwell, the Parent/Guardian must notify the Nanny prior to the Nanny's arrival. Nannies reserve the right to choose not to attend a scheduled day of work when a child or a person in the house is unwell.

  • If a Nanny chooses not to work in the above circumstances and is notified prior to their arrival at the Parent/Guardian’s house, the Parent/Guardian’s account will be issued credit for their Monthly Subscription Fee on a pro-rata basis, to be applied to the subsequent month’s payment.

  • If the Nanny is not notified that a child or person in the house is unwell and arrives for a scheduled day of work to find this is the case, the Nanny reserves the right to leave the house and the Parent/Guardian must pay the Nanny the equivalent of three-hours’ work. 

  • In any other circumstances, the Parent/Guardian must provide 12 hours’ notice of cancellation to the Nanny and if they do not, the Parent/Guardian must pay the Nanny the equivalent of three-hours of work. Peas in a Pod reserves the right to waive this payment if Peas in a Pod deems it appropriate.

PAYMENT OF BABYSITTERS/NANNIES

Peas in a Pod does not set the Babysitter’s rate; each Babysitter sets their own rate based on their age, experience and qualifications levels. Thus, Peas in a Pod recommends that Babysitters charge in accordance with the going rate which is currently at $30-45. 

  • The Parent/Guardian will pay the Babysitter directly through bank transfer within one week of the conclusion of the shift. 

  • The Babysitter is an independent contractor working for the Parent/Guardian and is therefore responsible for paying their own tax and Superannuation. It is recommended that each Babysitter has their own ABN for these purposes. 

  • All Peas in a Pod Babysitters are advised to obtain their own personal insurance.

TREATMENT OF BABYSITTERS/NANNIES

It is important that the Babysitter is treated with respect, dignity, and professionalism at all times.

  • Before the Babysitter starts, the Parent/Guardian should make sure they clearly communicate their expectations to the Babysitter about the scope of work required. 

  • The main priority of any Peas in a Pod Babysitter is to ensure that the children are safe and happy.

  • Babysitters may assist with light housework such as wiping down benches, stacking/unpacking the dishwasher, preparing dinner and lunch for the next day, but they are not expected to work as a cleaner.

  • If the Parent/Guardian would like the Babysitter to do house-keeping jobs in addition to looking after the children, this must be communicated to and accepted by the Babysitter. Babysitters reserve the right to charge a higher rate for this increased workload.

PRIVATE CONTRACTING WITHOUT AUTHORISATION

All Parents/Guardians are strictly prohibited from privately contracting with any Babysitters that they were connected with via Peas in a Pod without prior authorisation from Peas in a Pod. Any unauthorised private work arrangements between a Parent/Guardian and a Peas in a Pod Babysitter will result in immediate termination of the Babysitter’s work with Peas in a Pod, and permanent termination of the Parent/Guardian’s account with Peas in a Pod. 

Any Parent/Guardian found to have privately contracted with a Babysitter that they were connected with via Peas in a Pod without authorisation will be issued an invoice for any loss of income to Peas in a Pod as a result of the breach, and any other reasonable costs incurred by Peas in a Pod. Failure to pay this invoice may result in legal action to recover costs.

LIABILITY

Peas in a Pod is at all times only a booking agency and does not employ or contract the Babysitter engaged to care for the child. The Parent/Guardian enters into a third-party contract with the Babysitter. Peas in a Pod is not a party to this contract and is not liable for any breach of contract by the Babysitter or Parent/Guardian.

Peas in a Pod is not liable for any loss, expense, injury, delay or damage the Parent/Guardian or any other person may suffer or incur, as a result of the wrongful acts, omissions, or negligence of the Babysitter.

SEVERABILITY

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between parties and supersedes all prior agreements and understandings, whether written or oral, relating to the use of Peas in a Pod.

 

Peas in a Pod is built on a strong system of trust. Our Babysitters understand how important this is and regularly communicate with Peas in a Pod.

 

Using a Peas in a Pod Babysitter without proper authorisation from Peas in a Pod will result in permanent exclusion from the service.

APPENDIX 1 Hobsons Bay City Council, Brimbank City Council, Moonee Valley City Council, Maribyrnong City Council, Merri Bek City Council, Melbourne City Council, Port Phillip City Council, Stonnington City Council, Boroondara City Council, Yarra City Council, Darebin City Council, Banyule City Council, Monash City Council, Bayside City Council, Kingston City Council, Glen Eira City Council
https://www.vic.gov.au/know-your-council


APPENDIX 2
https://www.planning.nsw.gov.au/sites/default/files/2023-03/metropolitan-boundaries-map.pdf