§1.
General conditions

The Client (by which is meant an employee of the company hereby states that he/she has full and unrestricted legal custody and/or parental rights towards the child that will be placed under the Babysitter’s care based on this (T&C). In the event of any change in terms of legal custody and/or parental rights, the Client will immediately notify Home Express.
The Client will notify Home Express about the installation of any video or sound recording equipment in the place of performance of the Babysitting services.. Failure to do so will constitute a serious breach of (T&C).

§2.
Babysitting Service

1. The scope of the Babysitting services:
a. Providing safety to the child,
b. Taking up / picking up a child from / to kindergarten / school with a taxi or municipal transport, providing a parent covers costs of travel for both the Babysitter and the child,
c. Taking care of the hygiene of the child, i.e. changing the diaper, bathing, washing hands, changing dirty clothes, applying creams and cosmetics recommended by the Client,
d. Tidying after child-care activities, e.g. cleaning up after playing or after meals,
e. Organizing the child's spare time using toys of the Client and arts&crafts kits,
f. Taking the child for a walk outside, outdoor activities, e.g. playground or other places, which were specied by the Client,
g. Heating meals or preparing basic meals in accordance with the Client's instructions,
h. Checking if the child has done his/her homework and preparing books / backpack / clothes for the next day at school,
i. Preparing the child for sleep and carrying out pre-bedtime activities, i.e. bathing, preparing a bed, reading,
j. Taking the child to a doctor or for other type visits that have been arranged by the Client,
k. Reporting about the Babysitting and all events related to the health and overall development of the child to the Client or to persons indicated by the Client.
2. The scope of the Babysitting services does not include:
a. Teaching school subjects, conducting sports or music classes, in order to improve the child's abilities and achievements at school,
b. Conducting educational activities in relation to the child or providing psychological help to the child and family members,
c. Tidying activities, going beyond the basic cleaning activities stipulated in § 1 clause 1.d,
d. Laundry and ironing,
e. Large scale shopping,
f. Taking care of pets,
g. Collecting or acknowledging receipt with signatures of letters, parcels and other deliveries (courier etc.),
h. Supervising, coordinating or transferring any payments to any persons carrying out repair and maintenance work in the house etc.
3. Additional services to be mutually agreed between the Client and the Babysitter:
a. Home Express does not prevent any separate, individual agreements between the Babysitter and the Client which Home Express is not a party to, resulting in the additional performance of the following services by the Babysitter:
i. driving any motor vehicles belonging to the employee of
Home Express or made available to the Babysitter by the Client or any other entity at the Client’s explicit instruction, in order to transport the child or any of his/her siblings for any reason,
ii. administer any medicines or food supplements to the child or the child’s siblings.
b. In the event when the Babysitter agrees, at an express request of the Client, to incidentally perform the services stipulated above and provided the Parties have not agreed otherwise in a separate agreement, as set forth in §2.3.a hereinabove, the Babysitter will not be liable for any damage resulting
from the performance of the services set forth in §2.3.a hereinabove, as long as he/she was acting according to the Client’s recommendations and was not negligent in this respect.
4. In the case referred to in §2.3.a hereinabove, the Babysitter may request the Client to give his/her prior express consent to medicate the child or any of his/her siblings or to provide him/her with any food supplements, together with instructions of their dosage (in particular, containing information on
the single dose, time of application, names of drugs or supplements, specic instruction of application) in writing. In the event the Client refuses to give his/her consent in writing, the Babysitter will be entitled to refuse the performance of the services set forth in §2.3.a hereinabove. The aforementioned written consent of the Client does not constitute a separate agreement set forth in §2.3.a hereinabove.
5. Home Express is not liable for any damage resulting from the performance of the additional services set forth in §2.3.a hereinabove by the Babysitter.

§3.
Rules of Babysitting services provision

I. Ordering the Babysitting services
1. Home Express will provide Babysitting services through various Babysitters, depending on actual availability. The Client has no right to demand a particular Babysitter and the Babysitter of specic qualications. If a requested Babysitter is available, Home Express will make an effort to secure them in at the  first row.
2. In order to receive a particular Babysitting service from Monday to Friday from 7am to 10pm , the Client, at least 24 hours before the planed Babysitting service and not later than at 5:00 p.m. on the previous business day, will send a written inquiry to following address: babysit@care-express.pl
including the following date and period (from … to …) of Babysitting service;
b. address/place of provision and contact number;
c. scope of the Babysitter’s duties;
d. age and number of children.
e. Put BNYM (code) in the email title
3. The Babysitting service will not be ordered for a period shorter than 3 consecutive hours a day.
4. Each Babysitting service hour ordered on public holidays (i.e.: the New Year, the Epiphany, Easter, 1st and 3rd of May, Corpus Christi, 15th of August, 1st and 11th of November, Christmas, Christmas’ Eve and New Year’s Eve) are counted double.
5. In the event of ordering Babysitting services with no proper advance notice, i.e. on the day of performance or the preceding day after 5p.m. as well as on Fridays after 5 p.m., on Saturdays, Sundays or on public holidays, the Client will additionally lose 2 hours from the package (irrespective of the amount of ordered hours).
6. In the event of cancellation of the ordered Babysitting service less than 24 hours before Babysitting service starts, or on Fridays after 5 p.m., on Saturdays, Sundays or on public holidays, the Client will additionally lose 2 hours from the package (irrespective of the amount of ordered hours).
Ordering a Babysitting service for a group of 5 or more children will be individually consulted with Home Express.
8. The Client is aware that in the event no Babysitter is available, Home Express serves the right to reject an e-mail inquiry sent by the Client. This does not result in any further changes in the further performance hereof.
II. Rules of providing the Babysitting service
1. In the event of changes in the data provided by the Client in an email inquiry referred to in §3 I.1 or if the data are untrue:
a. Home Express will not be liable for any consequences resulting from such a change or false statements,
b. The Client will not be entitled to question the quality of the Babysitting service provided by Home Express,
2. Home Express will not be liable for the lack of contact with the Client at the telephone number indicated in a questionnaire in case of emergency, occurring before, during or after the Babysitting services have been provided as well as for any consequences as regards the quality of the Babysitting service provided by Home Express, arising from the said lack of contact with the Client.
The Babysitter will provide a Babysitting service with due care for the Client’s property in the place of the Babysitting service performance and will use items and equipment in the place of the Babysitting service performance only in accordance with their intended purpose.
4. The Client is obliged to train the Babysitter as regards the handling of all devices and equipment located in the place where the Babysitting services will be provided, as well as inform him/her of any rules and habits applicable in the house.
5. Both the Babysitter and Home Express will not be liable for any damage to the property caused by the Client’s child (children) placed under the Babysitter’s care unless a damage results from lack of Nanny’s due diligence
III. Accounting for the Babysitter and the Client for the provided Babysitting service
1. Home Express settles the Hours ordered within the Packaged and Hours worked, rounding up to 30 minutes. i.e. if the Client ordered two hours of Babysitting and the Babysitter was required to wait, for e.g. the Client’s return for additional 15 minutes, the Babysitting service will be charged as 2 hours
and 30 minutes. The delegated Babysitter will each time enter Hours ordered and Hours worked in the ”Acknowledgment of Babysitting services”.
If the number of Hours worked exceeds the number of Hours ordered, the active Package will be reduced by the number of Hours worked. If the Client does not possess an active Package any more, Hours worked will be paid by the Client herself/himself.
If the Babysitter really worked fewer hours than the number of Hours ordered by the Client, the active Package will be reduced by the number of Hours ordered by the Client.
Each day when the Babysitting service is completed, the Client will sign the ”Acknowledgement of Babysitting services” in order to confirm it, afterwards the Babysitter will provide the signed document to Home Express. The original copies of the signed ”Acknowledgments of Babysitting services” will be kept by Home Express for the period of three months.
In the event of the Babysitting service starting or ending between 10 p.m. and 7 a.m., the Client will arrange transport for the Babysitter e.g. by ordering and paying for a taxi in the amount up to PLN 50.00 etc or by driving the Babysitter home himself/herself. The Client is not liable for any damage suffered
by the Babysitter during the taxi transport.
IV. The limit of 15 days.
Each Client may use only 15 days of Babysitting services. Under this § 3 sec. IV a “day” means not less than 3 hours and not more than 8 hours. Home Express will monitor the utilization per Client and will refuse to provide services under these T&Cs to a given Client if she/he exceeds the limit of 15 days. In
such case Home Express may provide the services to the Client under a separate agreement under the terms as agreed by the parties thereto.

§4.
No direct cooperation

1. The Client will not enter into an employment agreement or any other contractual relationship with the Babysitter that provided services hereunder. The same principle applies to any other persons introduced to the Client by Home Express as potential babysitters. The principles stated above will be
effective during the term of providing Babysitting services as well as during 12 months after the end of provision of the Babysitting services.
2. The Client will not offer or suggest direct employment to the abovementioned persons during the term of providing Babysitting services , as well as during 12 months after the end of provision of the Babysitting services.
In the event of any breach of the obligation set forth in clause 1, the Babysitter is obliged to immediately inform Hope Express thereof.
The Client undertakes not to employ, as well as not to conclude, both in a written and oral form, any other civil law contracts with a person recommended by a Home Express employee, related or associated with the Home Express employee in any other way (e.g. factual, social or economic) within the range of Babysitting services provided by Home Express and not to establish any kind of cooperation between the Client and the abovementioned person on any other basis within the range of Babysitting services provided by Home Express.
In the event of non-fullment of the above obligations by the Client, he/she will pay Home Express a penalty amounting to the equivalent of the number of working hours that Home Express did not earn as a consequence of the such violation

§ 5.
Breach of the T&C

In particular, each improper conduct on the part of the Client or a person associated with him/her towards the Babysitter of the child, which could cause any harm to his/her dignity, physical integrity or violate the principles of social co-existence, will be considered to a breach of this T&C. In particular,
the following will be considered to constitute the above mentioned misconduct:
a) addressing the Babysitter in an offensive manner,
b) use of physical or psychological violence against the Babysitter,
c) preventing the Babysitter, in a malignant manner, from eating,
d) requiring the Babysitter to take specic actions, in a manner which is not a customary method of conduct established in the given situations.
In case of misconduct on the part of the Client or other person associated with him/her in the manner indicated in §5.1, the Babysitter is obliged to inform Home Express thereof immediately.
Home Express will immediately provide the Client with the notice submitted by the Babysitter and will take steps to jointly resolve the matter by the Parties hereto and the Childminder.
The aim of the clarication of the matter is to prevent the conducts referred to in § 5.1 from occurring again and to make it possible for the Client and the Babysitter to continue harmonious cooperation.
Home Express my immediately stop providing the Babysitting services and to terminate the agreement between the Client and Home Express without notice in the event of:
a) the Client's lack of cooperation in resolving the matter;
b) subsequent violation of § 5.1, in a similar manner, also in cases of minor infringements;
c) gross infringement of § 5.1;
d) conducting activities aiming at undermining the reputation and authority of Home Express in relation to the Babysitter, which may affect the Babysitter’s comfort of work and motivation. All reservations pertaining to the cooperation of the Client with Home Express must be submitted directly to a representative of Home Express.
6. The termination as mentioned in point 5 above does not affect anyhow the cooperation between Home Express and the company the employee represents.
7. In the event of violation of § 5.1 above, by the Client, Home Express will be entitled to claim damages.

§6.
Personal data

1. The Personal Data Controller (Controller) is: Home Express Sp. z o.o. seated in Warsaw (02-952), ul: Wiertnicza 104/1.
2. The Client hereby consents to the processing of his/her personal data by the Controller for the purposes of provision of the Babysitting services by Home Express.
3. The personal data of the Client will be processed by the Controller for following purposes:
a. For purposes of provision of the Babysitting services,
b. For other purposes related to the business activity of Home Express, as well as for pursuing claims, fullling legally justied purposes of the Controller, inter alia, the sale of products and services and direct marketing,
c. On the basis of the Client’s consent - for the sole purposes indicated in the granted consent.
4. The personal data of the Client will be kept for the duration of provision of the Babysitting services and after its expiration / termination / cessation only for purposes of pursuing claims by the Controller in accordance with relevant laws and until the withdrawal of the consent given by the Client.
The Client has the right to have access to his/her data, and the right to amend, update, correct, remove, limit processing, transfer his/her data, the right to raise objections and the right to withdraw his/her consent at any time. The Client has the right to lodge a complaint to the Inspector General for the
Protection of Personal Data (GIODO), whenever s/he considers that the processing of his personal data violates the provisions of the General Data Protection Act of 27 April 2016. The recipient of the
personal data is: Home Express Sp. z o.o. seated in Warsaw.
5. Providing the personal data by the Client is voluntary, but it is necessary for the conclusion andperformance of Babysitting services.

§7.
Statements of the Client

1. The Client hereby declares that he/she is familiar with the scope of Babysitting services provided by Home Express as well as the scope of duties set forth in §2.2, which are not the subject of the Babysitting services.
2. Apart from the Babysitting services provided by Home Express, the Client may order the Babysitter to perform duties stipulated in §2.3 under a separate agreement between the Client and the Babysitter to which Home Express is not a party.
3. In the event the Babysitter agrees to perform the services set forth in §2.3 for the Client, the Client hereby declares not to address any claims to Home Express for damage caused by the Babysitter resulting from the performance of the services set forth in §2.3.

§ 8
Babysitters’ qualications and level of services.

1. Home Express ensures to the Client that both Home Express and each of the Babysitters performing the Babysitting services to the Client fulls all the legal requirements for performing such services in Poland as well as meets all highest standards for childcare in order to assure high level of the Client’s satisfaction.
2. Home Express guarantees that each Babysitter performing the Babysitting services to the Employees will:
a. Strictly comply with the governmental restrictions and recommendations on COVID-19 and will keep the highest standards of hygiene and anti-epidemic prevention procedures and measures. For instance, if required, the Babysitter will wear preventive mask and/or gloves as well as use the disinfectants.
b. Speak English uently if a Client informs Home Express that a child/children are English speakers
3. Each Babysitter will also meet the standards as provided on https://care-express.pl/pl/ website.
4. Home Express will monitor the level of the Clients’ satisfaction and will implement necessary adjustments in accordance with the Clients feedbacks.

§9
COVID-19

1. These T&Cs are published during COVID-19 epidemic in Poland.
2. Home Express declares that a current situation (as of the date of concluding of this publishing T&C), including ocial restrictions and recommendations is known to Home Express. Home Express will monitor the situation and inform Client immediately if any restrictions disturb providing Babysitting services.

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