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Service Agreement

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I

isit

Guest
i signed a 1yr service agreement with a nanny service(referred to as ns). ns is to provide in home care of the children and house at a specified cost per week. ns is responsible for providing a care giver as referenced in a separate schedule it also states the individual would have a minimum of 1 yr experience, bonded, with cpr and first aid knowledge and that all references available and criminal backgrounds would be checked. the agreement states i would be able to interview a reasonable amount of indiviuals before choosing one. a specific clause in the agreement states that the caregiver is the employee of the ns and they are responsible for salary, taxes, bonding and other employee related expenses; it further states that i am unable to hire the individual directely, or another individual that is not employeed with them. it also has a confidentiality clause which keeps me from disclosing verbally, written, or through a third party or any other form of communication, any dollar figures, sums and/or compensation paid to the ns. if i choose to break the service agreement there is a buyout clause. since 5-27 i have had 7 caregivers, in some cases i was unable to interview, and it has left me without a caregiver combined time of approx 14 days. 2 caregivers have called to inform me that the ns did not pay them, one of which choose to quit due do difficulties with her checks. i have a few questions about this. i am dissatisfied with the service, i would like to end the service agreement without invoking the buyout clause, is there breech of service agreement on the part of the ns? the second question concerns the non-payment of the caregivers, can they file a claim on me for payment that should have been paid for by the ns? (i am current on all my payments to the ns)
 


L

lawrat

Guest
There is a breach. They did not live up to their basis for the bargain. You are the third party beneficiary of the agreement between nanny and ns. As such, since they rendered service, your interests have vested and therefore, they can sue you.

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
 

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