Kiidu Acceptable Use Policy

This is an agreement (“Agreement”) between Kiidu, and (referred to hereinafter as “Client”), (Nanny), for referral or connector to match the caregivers and the client. Client and the company are collectively referred to herein as the “Parties”. In consideration of the mutual promises contained in this Agreement, Client and the company agree as follows:

I. PLATFORM SERVICE PROVIDED BY THE KIIDU.

1. Kiidu is engaged in providing an online marketplace for caregiver services where Clients may find caregivers that match their needs. 
2. Kiidu is engaged in the business of e-commerce.
3. Kiidu wishes to provide caregiver services to the customers with an assist and support from Kiidu. 
4. The Parties now wish to enter into this Agreement to set forth their rights and obligations and to govern their relationship in connection with services provided by Kiidu.  
5. Kiidu doesn't employ the caregivers and only acts as an intermediary.

 

NOW, THEREFORE, in consideration for the mutual terms, conditions and other agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, intending to be legally bound hereby, the Parties agree as follows: 

1. The company will search, find, and refer potential persons to the Client for potential employment as a caregiver. The client understands and acknowledges that Client is retaining the company as a platform to connect Caregiver to the Client.
2. Client understands and acknowledges that the company, as a platform to Client, acts as a marketplace of Caregivers in locating prospective Clients, and is not a party to any agreement made between the Client and the Caregiver.
3. Client understands that upon the voluntary or involuntary termination of a caregiver, the company is not required to reimburse Client for any expenses that may be or have been incurred by Client.
4. The company will screen Caregiver candidates for ID card, work permit, police records, references and Social Security identity. The company will check references given by Caregiver candidates, although Client will have the opportunity to contact such references, and the Client is urged to do so.

II. CLIENT’S OBLIGATIONS.

1. The client is required to register the personal information, including your name, address, phone number and payment details on the Website in order to make a Booking Request or Interview.
2. The client will be issued with a username and password which are linked to your User Profile. The username and password are personal to you and are not transferable. You are responsible for all information posted on or transmitted via the Website by anyone using your username and password and any payments due for the Booked Services acquired through the Website by anyone using your username and password. The client should notify us of any breach of security of your username and password immediately. Kiidu encourages the client to use the website for bookmarking the caregivers, booking an interview, or booking a caregiver.
3. The client will provide the company with such information as may be requested by the company, from time to time, concerning Client’s qualification and requirements for a Caregiver referral.
4. Client authorizes the company to contact any references provided by Client, as well as to make its own independent investigation of Client. The company is authorized to obtain all such reference checks as the company may deem desirable and any persons, Private Corporation, medical facility, doctor or government agency is specifically authorized to provide such information to the company.
5. Client is under no obligation to accept any Caregiver referral made by the company. The final determination to accept or reject a referral made by the company is solely that of Client, and Client waives any and all claims, damages, losses, or causes of action against the company arising out of any such Nanny referral to, or hiring by Client.
6. Client shall promptly notify the company, if the company refers to a Caregiver candidate with whom the Client has already had contact, either by previous employment or by referral from any other person or organization.
7. Client acknowledges and agrees that the company shall not control or supervise the time, method, manner, or means of accomplishing the objectives of Client, nor the compensation, benefits, duties, hours, or responsibilities of any Caregiver. Client shall have full responsibility for all such control and supervision, and all such negotiations and arrangements with any Caregiver.

III. CONFIDENTIALITY.

1. The company: All data provided to and/or gathered by the company in the investigation of the Client is confidential and will be held in strict confidence by the company and its employees.
2. Client: Client agrees to keep all information provided by the company confidential and will continue to keep that confidentiality at all times. At the expiration of this Agreement, or the expiration of the referral services rendered by the company, for any reason, all information and material or a personal or private nature acquired from Client, directly or indirectly, shall be promptly returned by the company to the Client upon written request. Upon request by the company, Client will return all information provided by the company relating to all Nannies that were referred to Client.

IV. FEES.

All fees for Caregiver referral services provided by the Agency shall be charged to Client as follows:

1. The monthly/ weekly/ daily fees are due on the Caregiver’s first day and are non­refundable.
2. Client agrees to pay.
3. Client agrees not to make any private arrangement with any Caregiver candidate referred by the company, for the purpose of/or having the effect of, avoiding payment of the fees set out above. If Client employs a Caregiver candidate referred by the company at any time during the contract period.
4. Client understands that a referred Caregiver is not required to pay a fee of any kind for the referral services provided by the company, but that any such fee is the obligation of Client. Client acknowledges that a referred Caregiver has agreed not to commence employment activities with Client until all applicable screening and referral fees have been paid in full by Client to the company.

V. INTERVIEW FEES.

1. The interviw in person fee is 400Thb/caregiver.
2. The video call interview's fee is 300Thb/caregiver.
3. The telephone interview's fee is 200Thb/caregiver.
4. The fee is applicable to every interview.
5. The Fee needs to be paid directly to the company’s account only.
6. The interview fee has to be paid prior to the interview scheduled.
7. The money will be refunded back to the customer if the caregiver does not turn up for the interview.
8. Customer is obligated to give feedback to Kiidu after the interview. (Either customer wants to hire the caregiver or request another candidate). 

VI. PROCESSING FEE.

1. The fee depends on the subscription period.
2. This fee is applied to all customers who hire a full time and part-time caregiver.
3. This fee is valid for the subscription period.
4. It includes up to the duration of subscription for replacements & free ongoing consulting.
5. This fee covers the processing & membership fee to customers.
6. The fee should be paid after confirming to hire the candidate.
7. The fee is not refundable when a customer cancels use Kiidu service.

VII. COMMISSION FEES.

1. The fee is 25% upfront of the 1st-month of the caregiver’s salary only. It is deducted from the caregiver’s salary.

2. This fee is applied to all customers who hire a full time and part-time caregiver.
3. This fee is paid at the same time as the processing fee.
4. In case there is something unexpected before a month, we will calculate the commission fee.
5. Customer needs to pay the commission fee for each new nanny, maid, tutor, driver.

 

VIII. ON DEMAND.

1. On-demand means last minute booking or Emergency nanny. The caregivers are requested to come within 6 hrs. or that day of the given time.
2. All bookings are for a minimum of 4 hours duration and the client needs to pay the sitter every 15 minutes rounded up to the nearest quarter.
3. The after-hours charges start after 7 pm and the transportation cost must be covered by the family.

Fee Per Hour	250 - 500 THB/Hr	Over time 300THB/Hr
Fee Per Day	1,500 - 3000 THB/Day	6­-8hrs working time
Midnight Fee	Up 300 THB/Hr	Over time 350THB/Hr

In the event the client cancels a confirmed booking, Kiidu Customer Service needs to be made aware as soon as possible so the Caregiver can be informed. No refund will be given to the client for the booking fee.

If the client decides to cancel the booking once the babysitter arrives at the client's address we advise that the client pay the babysitter full of their fee.

XI . INDEMNIFICATION.

1. Client agrees to indemnify and hold the Company harmless from and against any and all suits, actions, losses, damages, claims or liability of any character, type, or description, including without limitation, all expenses of litigation, court costs, and attorney’s fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, alleged by the Client, the Caregiver, the Client’s family or any third party, including any acts of omission or commission of the part of the Caregiver, Client, or Client’s family, and including claims and damages arising in whole or in part from the negligence of the company.
2. The client will not pass on details of any nanny to any third party and the introduction of a candidate to a client by Kiidu, directly or indirectly, is confidential. If the client or anyone associated with the client, passes on an introduction to any other person/persons within six months of the candidate’s introduction to the client by the Kiidu, resulting in employment of the candidate, the client shall be liable for payment of the fee as stated by the Kiidu above.
3. The company is not responsible for the acts, conduct, or omissions of Client or any Caregiver arising out of any referral provided. The company makes no implied or express warranties other than its agreement to provide referrals as is specifically set forth elsewhere in this Agreement; the company makes no representations, warranties, promises, or agreements regarding the composition of its client database, and the Client acknowledges that there has been no representation, promise, or agreement other than as expressly contained in this Agreement.
4. In the event of your nanny being unable to attend work you can contact Kiidu for a temporary replacement if required and we will endeavor to provide you with a temporary nanny for a period of time. You have to pay the replacement nanny directly to Kiidu each day.
5. A placement guarantee of subscription period is offered to permanent nannies with effect from the date employment commences. If a placement is terminated, by either party, within this 4 months period then Kiidu will, with reasonable endeavors, provide a suitable replacement nanny free of charge, only the interview will be charged. This guarantee is only provided for the initial placement. Kiidu shall only be obliged to provide the client of up to four (4) replacement caregivers within the first four (4) months. Such profiles will be selected based on information originally provided in the client’s registration form, in the event that the client's requirements had changed they should notify Kiidu as soon as possible. Kiidu accepts no liability and is not obliged to offer a replacement or any refund to the extent that the client finds the profiles unacceptable and does not want to engage any of the potential candidates.
6. Client relinquishes all claims for possible liability of the company. Client agrees that under no circumstances will the company be responsible for any damage or loss resulting from employment of the Caregiver referred by the company. It is the express intent of the Parties to this Agreement that the indemnity provided for in this section is an agreement by Client to indemnify and protect the company from the consequence of the company’s own negligence.
7. Client further agrees to defend, at its own expense, and on behalf of the company, and in the name of the company, any claim or litigation brought in connection with any such injury, death, or damage.

X. MISCELLANEOUS.

1. No Assignment: This Agreement shall not be assignable by Client without the prior written consent of the company.
2. Collection, Attorney’s Fees and Costs: If any fee is not paid within three (3) days of demand, Client agrees to pay all costs of collection, including interest at the maximum rate allowed by law on the unpaid balance of the amount due. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
3. Thailand Law to Apply: This Agreement shall be construed under and in accordance with the laws of Thailand, and all obligations of the Parties created hereunder are performable in Thailand.
4. Parties Bound: This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement.
5. Legal Construction: In case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision in this Agreement, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision has never been contained in it.
6. Prior Agreements Superseded. This Agreement constitutes the sole and only understandings or written or oral agreements between the parties and supersedes any prior understandings or written agreements between the parties respecting the subject matter of this Agreement.

XI. CHECK CANDIDATES PERSONAL AND BACKGROUND SCREENING

The family will be provided with information on a candidate’s employment history, job qualifications, and work experiences. Families will be provided with information and encouraged to check references for themselves.

Note:

• Parents kindly review and recheck all the references of the caregivers before selecting them.
• Kiidu will not be responsible for any behavior changes of the caregiver.
• Kiidu will not interfere with the relationship between the parent and the caregiver, Kiidu will help the customer in discussion with the caregiver, once the family confirms the caregiver for employment, and Kiidu will no longer play a role and will not be responsible.

I hereby have read and agree to confirm all the above terms and conditions.

Name & Date

Signature