Service Agreement with sitter
sitters service agreement of the Topsitters platform
Table of Content
3. Conclusion of this Sitter Agreement
4. Provisions Sitting agreement between the User and Sitter
5. Reward and payment
6. Cancellation of a booked sitting service
7. Termination / termination of sitting agreement
Article 1 Definitions
The terms below will be used regularly in this Sitter Agreement. They will be used in the following sense, unless explicitly stated otherwise.
Topsitters: Topsitters B.V., established at Tureluur 1, 1191 VG in Ouderkerk aan de Amstel with Chamber of Commerce number 73031704, tel. 06-40501862
Platform: This is the online set up by Topsitters with a search function at www.topsitters.nl
User: the parent or legal guardian, who for their children are looking for a Sitter with skills via the online Platform.
Sitter: a private individual of 18 years or older with skills, who falls under the ‘Regeling dienstverlening aan huis’ (Regulation services at home) and provides a (sitting) service to the User.
Sitter agreement: this agreement for the provision of sitting services between the User and Sitter. This sitting agreement is an agreement with elements of work and labour relation which falls under the applicability of the ‘Regeling dienstverlening aan huis’ (Regulation services at home).
Sitting Service: The assignment to provide services (doing a sitting service) from the User to the Sitter that originates from the booking request sent by the User via the online platform and accepted by the Sitter.
Skills: Extra talent(s) of the Sitter! Besides offering professional and reliable care, the Sitter shares extra talents with the children and helps them to develop their own talents, discover their passions, gain self-confidence and perseverance.
Regeling dienstverlening aan huis(Regulation Services at Home): Chapter 3 of the advice of the home services committee (Kalsbeek Committee). In this chapter, the Committee describes the ‘Regeling dienstverlening aan huis’ and put in an international context. The ‘Regeling dienstverlening aan huis’ can be found at www.topsitters.nl and can be saved and printed.
Article 2 General
Who we are Topsitters B.V. is located at Tureluur 1, 1191 VG in Ouderkerk aan de Amstel with Chamber of Commerce number 73031704, tel. 06-40501862. Topsitters manages the web-site / the online platform www.topsitters.nl. The online platform links Users within a few clicks to the right available Sitter with skills. Topsitters makes it possible to search, book, review and pay out Sitters with skills via the Platform. Topsitters works with Sitters that fall under the ‘Dienstregeling aan huis’ Information about this scheme can be found on the website. We ask you to read the information carefully! The User of the platform must be able to assess whether the ‘Regeling dienstverlening aan huis’ applies to the matched available Sitter before it is finally booked. If the rules do not apply to the booked Sitter, the User will be responsible for this and the consequences are for the User’s account.
The main business activity and the goal of Topsitters is to connect Users to a Sitter with talent with the help of the online platform and the search function, through supply and demand. Topsitters wants the Sitter, besides being a professional and reliable sitter, to give children something extra, to discover his/her talents. This allows them to discover their passions and grow in their development. Topsitters is a mediator in bringing Users and Sitters into contact with each other, and is impartial in relation to this concluded Sitter Agreement between the User and Sitter. Topsitters is not obliged to give any result of the online search function or of the chosen Sitter.
In addition, Topsitters makes it possible for the User of the platform to make payments to the Sitter through the (third-party) account holder Acapture B.V., based in Amsterdam. Payments made by the User via the platform are considered payments to the Sitter, not to Topsitters.
Article 3 Conclusion of this Sitter agreement Based on the profiles of the available Sitters, the User makes his own choice for (a maximum of three) Sitters, which the User eventually sends a booking request. Topsitters sends this booking request to the selected Sitter(s). If more than one Sitter receives a
booking request, the Sitter who accepts the request first will be linked to the User. The Sitter decides independently whether he/she will provide the (babysitting) service.
Topsitters has no opinion or influence on this. By sending a booking request, the User accepts the terms and conditions of the Sitting
Agreement and makes a valid offer to conclude this Sitting Agreement.
The Sitter, who is the first to accept the booking request, agrees to the terms and conditions of the sitting agreement. At the moment of acceptance of the booking request by the Sitter, the Sitter and the User automatically enter into this Sitter Agreement. Topsitters is not a party to this Sitter contract.
Article 4 Provisions of the Sitting Agreement between the User and Sitter
4.1 The basis of this Sitters agreement is the sitting service that arose from the booking request sent by the User via the online platform and accepted by the Sitter.
4.2 This Babysitting Agreement falls under the scope of the ‘Regeling dienstverlening aan huis’. The User has established this.
4.3 The User has a claim against Sitter to fulfill his obligations to perform the sitting service, as described in the booking request accepted by Sitter.
4.4 The Sitter has a claim against the User to fulfil the payment for a completed
4.5 The Sitter shall provide the sitting service personally. It is not possible for the Sitter to subcontract/transfer the sitting service to third parties.
4.6 The Sitter will make sure to be of a good contractor when performing the sitting service.
4.7 The Sitter will carry out sitting service entirely at his own discretion, for his own account and responsibility. The Sitter has informed the User in advance how the sitting service will be performed and the User agrees to this.
4.8 During the sitting service, the Sitter shall comply with the ‘(Rules of Conduct) Rules for the Sitter’ drawn up by Topsitters. These can be found at www.topsitters.nl
4.9 The User shall provide all information, in particular on illnesses, allergies, diets, etc. of the children to be cared for, and shall provide all means necessary for the Sitter to perform the sitting service properly.
4.10 The User gives the Sitter instructions and guidelines regarding the babysitting service to be provided. It is the responsibility of the Sitter, in the event of changed circumstances or new developments during a sitting service, to further coordinate the execution of the sitting service with the User.
4.11 The sitting service starts from the moment that the Sitter manually checks in using the ‘Check in-Check out function’, as agreed between the User and Sitter.
4.12 The babysitting service ends when the User and Sitter have jointly agreed that the Sitter will manually check out using the ‘Check in-Check out function’.
4.13 The duration of the actual completed babysitting service may differ from the booking request requested by the User and accepted by the Sitter. Changes concerning the sitting period are always made in good consultation and with mutual consent.
Article 5 Remuneration and payment Remuneration to the Sitter for the completed sitting service is according to the ‘Regeling dienstverlening aan huis’ at all times including the 8% holiday pay per year due, sick leave and the statutory holiday days accrued by the Sitter. The User is obliged, after the sitting service has been completed by the Sitter, to pay the hourly rate stated on the Topsitters Platform multiplied by the actual babysitting hours.
After each completed and confirmed sitting service, Topsitters sends out the invoice to the User on behalf of the Sitter. The User will be informed by e-mail that the invoice in the User profile is ready to be paid.
The User is obliged to make the payment to the (third party) account holder Acapture BV, established in Amsterdam, or another party to be named by Topsitters who facilitates payment transactions for Topsitters.
The User pays the amount invoiced by Topsitters, to Acapture with debt releasing effect for the User. Acapture receives the payment on behalf of the Sitter and will continue to pay on behalf of the User into the Sitter’s bank account, stating the booking number.
Payment will be made within 5 calendar days.
Article 6 Cancellation of a booked babysitting service A sitting service can only be cancelled via the online Platform. A cancellation through
anything other than the Platform is not a correct cancellation of the babysitting service.
A cancellation is;
* up to 24 hours before the start of the (sitting) service free of charge.
* Within 24 to 6 hours before the start of the (sitting) service, Topsitters will charge the User, on behalf of the Sitter, an amount of one and a half (1.5) hours equal to the hourly rate for the first one and a half hours of this booked Sitter. This amount includes assistance with administrative procedures/cancellation costs.
* Within 6 hours to 0 hours before the start of the (sitting) service, Topsitters will charge the User, on behalf of the Sitter, a sum of three (3) hours equal to the hourly rate for the first three hours of this booked Sitter. This amount includes assistance with administrative procedures/cancellation costs.
If an ongoing sitting service, and therefore this Sitter contract, is terminated earlier, Topsitters, on behalf of the Sitter, will charge the User at least 3 hours equal to the hourly rate that represents the first three hours of this booked Sitter.
The Sitter may cancel a booked babysitting service free of charge without any compensation to the User.
Article 7 Termination / termination of the Sitter’s sitting agreement The sitting agreement ends immediately by cancellation via the online platform, see
article 6. The Sitter Agreement can be terminated by the User during the sitting service without giving any reason. During the sitting service, the Sitter can only terminate the Sitter’s Sitter agreement in consultation with and with the consent of the User. This is to ensure the safety of the children.
The Sitter Agreement ends when the sitting service is completed.
Article 8 Liability
The Sitter shall observe the care of a good contractor when performing the sitting service. The Sitter shall make every effort to perform the sitting service to the best of his/her ability. Users and Sitters are responsible for taking out accident and liability insurance.
If the User suffers damage due to a shortcoming in the execution of this Sitter contract, the Sitter is only liable for the damage suffered by the User and/or his/her child(ren) in case of intent or gross negligence of the Sitter.
If the Sitter is liable to the User, his/her child(ren) and/or third parties for damage arising from or in connection with the performance of the Sitter’s Sitter contract, this liability is limited to the amount paid out by the insurer under the liability insurance taken out by Sitter. If the insurer does not pay out or if there is no liability insurance, the liability is limited to a maximum of three times the value of the relevant sitting service booked.
Topsitters has a mediating role in bringing together Users and Sitters. Topsitters expressly disclaims all claims for liability of any kind, including claims, services, direct or indirect damages, knowingly or unconsciously, with or without indication, disclosed or not, in any way whatsoever in relation to the performance or in connection with the performance of the Sitter’s sitting Agreement.
Article 9 Varia
Dutch law shall apply to the Sitter Agreement.
All disputes between the User and Sitter, Topsitters and the User and/or Topsitters and Sitter will be submitted to and settled by the competent court in the district of Amsterdam unless mandatory law provides that the dispute must be submitted to another court.
Should one or more of the provisions of this Sitter’s agreement appear to be or have become partially null and void, the User and Sitter remain bound to the remaining part.
Topsitters has the right to amend the provisions of the Sitter contract from time to time.