Spectrum Sitters clients are required to tick a box agreeing to our Terms of Membership when they register. If you have any questions or require further clarification regarding our Terms & Conditions please contact Spectrum Sitters at contact@spectrum-sitters.com or 512-771-5396

1.0 Contract

1.1 The below Terms & Conditions are a legal binding agreement between you as the client and Spectrum Sitters as the agency.

1.2 The Terms & Conditions are the terms of which Spectrum Sitters offers the client access to the services and use of the Spectrum Sitters website and agency. By registering and/or completion of any of the following – registering on the Spectrum Sitters website, and/or requesting a sitter is instant acceptance of the agency Terms and Conditions. If the client does not agree to abide by these Terms & Conditions, then the client must refrain from using the Spectrum Sitters website.

1.3 The words “Spectrum Sitters” refers to the agency providing sitting services.

1.4 The word “Client” refers to the person/family using Spectrum Sitters services.

1.5 The word “Sitter or Nanny" refers to any person that Spectrum Sitters introduces to the client.

1.6 Posting false, incomplete, inaccurate or illegal information is strictly prohibited and may be punishable by law.

1.7 Unlawful or illegal use will be reported to the proper authorities and may be punishable by law.

2.0 Client Obligations

2.1 All babysitting bookings must be made directly between you (the client) and Spectrum Sitters (the agency).

2.2 The client agrees there is a minimum four hour booking on weekdays and four hour minimum booking on weekends.

2.3 The client agrees to be charged directly the agency fee and membership fees by Spectrum Sitters for the confirmed booking and pay the sitter directly upon completion of the assignment. 
2.4 The client agrees that Spectrum Sitters requires our sitters to be in a safe and friendly environment.

2.5 Where Spectrum Sitters (in its absolute discretion) believes that there is sufficient negative feedback or feedback is of a concerning nature regarding the client, then Spectrum Sitters reserves the right to terminate the account at it's own discretion.

2.6 The client agrees to pay applicable gas and parking fees if transport of child is required during sitting services.

2.7 Clients are responsible for the continued confidentiality of their login details – in an event of unauthorized use by a third party; your account may be deleted.

2.8 Clients agree to immediately notify Spectrum Sitters of any unauthorized use of their login or password.

3.0 Fees and Cancellation Policy

3.1 Membership Fees and agency fees are payable in US dollars via credit or debit card.

3.2 A $20 cancellation fee applies if a booking is cancelled within 24 hours of scheduled services.

4.0 DISCLAIMER OF WARRANTIES AND CANCELLATION

4.1 ALTHOUGH SPECTRUM SITTERS ENDEAVORS TO FIND A BABYSITTER ON REQUEST, WE CANNOT ALWAYS GUARANTEE THAT THIS WILL BE POSSIBLE.

4.2 IF THE UNFORTUNATE CIRCUMSTANCE WHERE A BABYSITTER CANNOT BE FOUND ON THE REQUESTED DATE(s) AND TIME(s), THE CLIENT WILL BE NOTIFIED AS SOON AS POSSIBLE.

4.3 IF A SITTER CANCELS A SCHEDULED SERVICE, SPECTRUM SITTERS WILL ATTEMPT TO FIND A QUALIFIED REPLACEMENT, THOUGH NO GUARANTEES CAN BE MADE. THE CLIENT WILL NOT BE CHARGED FOR SERVICES THAT ARE CANCELLED BY SPECTRUM SITTERS OR ONE OF THEIR CONTRACTED SITTERS.

4.4 ALTHOUGH SPECTRUM SITTERS CONDUCTS A THOROUGH BACKGROUND CHECK AND SCREENING PROCESS, AND AIMS TO PROVIDE YOU WITH EXCEPTIONAL SERVICE, THERE IS STILL NO COMPLETE GUARANTEE OF RELIABILITY, HONESTY, AND CHARACTER OF THE CANDIDATE PROVIDED BY THE AGENCY. IF A CLIENT HAS ANY CONCERNS ABOUT THE INTEGRITY OR PERFORMANCE OF A SITTER, PLEASE CONTACT SPECTRUM SITTERS IMMEDIATELY.

5.0 Liability

5.1 Spectrum Sitters refers independent contractors to provide sitting services.  Spectrum Sitters is a referral agency for such caregivers.  Client is responsible for determining and agreeing with each sitter / nanny the exact nature of the services to be provided and the manner in which such services will be carried out. Therefore the agency accepts no liability or responsibility for accident, injury, loss, damage or misconduct sustained by sitter, clients or any other persons.

5.2 While Spectrum Sitters interviews and conducts thorough background checks on our sitters, we cannot guarantee that all the information is correct.

6.0 Confidentiality

6.1 The Spectrum Sitters website uses Moonclerk.com to process all credit or debit card transactions. Spectrum Sitters does not maintain any client payment information on its website or elsewhere. By using Moonclerk.com to process your payment, you are agreeing to Moonclerk.com terms and conditions of their website use.  

6.2 All communication between both parties (Agency and Clients) shall remain confidential.

6.3 Spectrum Sitters requires the client to provide accurate details of their address, contact details and full name.

6.4 Spectrum Sitters will release account and other personal information only when the above release is appropriate for the function of the website, requested services, to comply with the law; enforcement of our Terms & Conditions; or protect the rights, property, or safety of Spectrum Sitters, our users or others. However you authorize your babysitter to tell a family member or friend where she/he will be, the expected return time and address of the sitting booking. This is a simple safety measure for the sitter.

7.0 Medical Dispensation Agreement

7.1 Spectrum Sitters is not a home health agency. Caregivers will not make any independent decisions with regard to medications or dosages. Medications must be pre measured and or separated. They must be placed in a cup/pillbox and have the time to be administered clearly labeled. Under no circumstance will a caregiver administer medication unless the above steps have been taken.

DISCLAIMER LIMITATION OF LIABILITY THE MATERIALS AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTIBILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SPECTRUM-SITTERS.COM OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF SPECTRUMSITTERS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

DMCA Notice

Spectrum-Sitters.com respects the intellectual property of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement: A physical or electronic signature of a person authorized to act on behalf of the copyright owner Identification of the copyrighted work claimed to have been infringed Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address A statement that the complaining party “in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law” A statement that the “information in the notification is accurate”, and “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” The above information must be submitted as a written, faxed or emailed notification to the following Designated Agent: Mindy Minto. Contact@Spectrum-Sitters.com We caution you that under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys’ fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury. This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

External Links Policy

The Spectrum-Sitters.com website may contain links to other web sites. Spectrum-Sitters.com cannot guarantee the accuracy of information found at any linked site. Links to or from external web sites not owned or controlled by Spectrum-Sitters.com does not constitute an endorsement by Spectrum-Sitters.com or any of its employees of the sponsors of these sites or the products or information presented there.

Intellectual Property Rights

All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of Spectrum-Sitters.com or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from SpectrumSitters.com. You must not: Republish material from our website without prior written consent. Sell or rent material from our website. Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose. Redistribute any content from our website, including onto another website. Acceptable Use You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website. You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

Restricted Access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Revisions

Spectrum-Sitters.com may change these terms from time to time without notification to you and so you should check these terms regularly. Your continued use of our website and/or service will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website and service immediately. If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable without notice to you.

Testimonial Disclaimer

In accordance with the FTC guide lines concerning use of endorsements and testimonials in advertising, please be aware of the following: testimonials appearing on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services or the products and/or services of our clients or business relations in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use these products and/or services. The testimonials displayed (text, audio and/or video) are given verbatim except for correction of grammatical or typing errors. Some have been shortened. In other words, not the whole message received by the testimonial writer is displayed, when it seemed lengthy or not the whole testimonial seemed relevant for the general public.Spectrum-Sitters.com is not responsible for any of the opinions or comments posted to our site. Spectrum-Sitters.com is not a forum for testimonials, however provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of Spectrum-Sitters.com. Spectrum-Sitters.com does not share the opinions, views or commentary of any testimonials on this site, and are strictly the views of the reviewer.


8. REFERRAL SERVICE PROVIDED BY THE AGENCY.

8.1. The Agency will search, find, and refer potential persons to Client for potential employment as a Nanny or Sitter. Client understands and acknowledges that Client is retaining the Agency as a search consultant to find appropriate Nanny or Sitter candidates for Client.

8.2. Client understands and acknowledges that the Agency, as a search consultant to Client, acts as a referral source of Nannies or Sitters in locating prospective Clients, and is not a party to any agreement made between the Client and the Nanny or Sitter. Client understands and agrees that the Agency is not a detective agency. Moreover, Client acknowledges that the Agency is an independent contractor and is not an agent of, employee of, or partner of either Client or Nanny or Sitter. It is further acknowledged and agreed that the sole obligation of the Agency is to use reasonable efforts in locating Nannies or Sitters that meet the permanent job order questionnaire qualifications as specified by Client to the Agency. Client acknowledges that nothing in this Agreement is intended by the Agency to guarantee a suitable candidate.

8.3. Client understands that upon the voluntary or involuntary termination of a Nanny or Sitter, the Agency is not required to reimburse Client for any expenses that may be or have been incurred by Client.

8.4. The Agency will screen Nanny and Sitter candidates for criminal history, driving records, and Social Security identity. The Agency will contact references given by Nanny and Sitter candidates, although Client will have the opportunity to contact such references, and the Client is urged to do so. 


9. NON SOLICITATION    

9.1. Client agrees not to make any private arrangement with any Nanny/Sitter referred by the Agency, for the purpose of, or having the effect of, avoiding payment of the fees set out above. If Client employs a Nanny/Sitter candidate referred by the Agency during the term of this agreement and six (6) months after such referral, then Client shall notify the agency of such employment and shall pay the fee set out above.

9.2. Client agrees that the above selected Nanny Referral fee is to be charged payable to the Agency on or before the first day the Nanny reports for work to the Client. No referral is final until all fees have been paid to the Agency.

9.3 Client understands that a referred Nanny/Sitter is not required to pay a fee of any kind for the referral services provided by the Agency, but that any such fee is the obligation of Client. Client acknowledges that a referred Nanny/Sitter 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 Agency.

10. FEES –ON CALL SITTER REFERRAL

10.1 All fees for On Call Sitter referral services provided by the Agency shall be charged to Client as follows $10 per booking paid in advance once the sitter has been confirmed.

11. CLIENT’S OBLIGATIONS

11.1 Client authorizes the Agency to contact any references provided by Client, as well as to make its own independent investigation of Client. The Agency is authorized to obtain all such reference checks as the Agency may deem desirable and any persons, private corporation, medical facility, doctor or government agency is specifically authorized to provide such information to the Agency.

11.2 Client understands and agrees that the Agency is not responsible for false or misleading answers or information provided to it by Client, a Nanny, a Sitter or other third parties, and holds the Agency harmless from any damage of any kind whatsoever resulting from any such false or misleading answers or information.

11.3 Client ratifies and confirms any and all referrals the Agency makes for, to, or on behalf of Client, and specifically authorizes the Agency to refer to Client’s identity for the purpose herein set forth.

11.4 Client is under no obligation to accept any Nanny or Sitter referral made by the Agency. The final determination to accept or reject a referral made by the Agency is solely that of Client, and Client waives any and all claims, damages, losses or causes of action against the Agency arising out of any such Nanny or Sitter referral to, or hiring by Client.

11.5 Client shall promptly notify the Agency if the Agency refers a Nanny or Sitter candidate with whom the Client has already had contact, either by previous employment or by referral from any other person or agency.

11.6 Client acknowledges and agrees that the Agency 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 Nanny or Sitter. Client shall have full responsibility for all such control and supervision, and all such negotiations and arrangements with any Nanny. 

11.7 Client or Nanny or Sitter shall be responsible for payment of all applicable payroll taxes, Social Security, or Medicare assessments, and Federal or State withholding or unemployment taxes arising as a result of employment of any Nanny or Sitter.

12. CONFIDENTIALITY

12.1 The Agency. All data provided to and/or gathered by the Agency in the investigation of the Client is confidential and will be held in strict confidence by the Agency and its employees.

12.2 Client. Client agrees to keep all information provided by the Agency 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 Agency, 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 Agency to the Client upon written request. Upon request by the Agency, Client will return all information provided by the Agency relating to all Nannies or Sitters that were referred to Client.

13. INDEMNIFICATION

13.1 Client agrees to indemnify and hold the Agency 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 Nanny, the Sitter, the Client’s family or any third party, including any acts of omission or commission of the part of the Nanny, the Sitter, Client, or Client’s family, and including claims and damages arising in whole or in part from the negligence of the Agency.

13.2 The Agency is not responsible for the acts, conduct, or omissions of Client or any Nanny or Sitter arising out of any referral provided. The Agency makes no implied or express warranties other than its agreement to provide referrals as is specifically set forth elsewhere in this Agreement; the Agency 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.

13.3 Client relinquishes all claims for possible liability of the Agency. Client agrees that under no circumstances will the Agency be responsible for any damage or loss resulting from employment of the Nanny or Sitter referred by the Agency. 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 Agency from the consequence of the Agency’s own negligence.

13.4 Client further agrees to defend, at its own expense, and on behalf of the Agency, and in the name of the Agency, any claim or litigation brought in connection with any such injury, death, or damage. 

Governing Law:This agreement, and any dispute arising out of the use of these services, shall be governed by the laws of the State of Texas. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of any state court located within Travis County, State of Texas in connection with any matter arising out of this agreement or the transactions contemplated under this agreement. Each party hereby irrevocably (a) agrees that process may be served on it in any matter authorized by the Laws of the State of Texas for such Persons, and (b) waives any objection which it might otherwise have to service of process under the Laws of the State of Texas.