Terms and conditions

Terms in the context of these terms and conditions are defined as follows:

1.1 Terms and conditions: these Terms and conditions, applicable to the relationship between Babysits and each Member. Making use of the Provision of Services of Babysits presupposes familiarity with these Terms and conditions and the acceptance thereof;

1.2 Provision of Services: the services offered by Babysits, consisting of operating one or more (online) platforms that bring together supply and demand for care, in particular childcare and pet care, usually at the Family's home or at a location agreed between the Family and the Babysitter;

1.3 The Babysitter: every natural person who offers or carries out Activities via the platform of Babysits;

1.4 The Family: every natural person who uses the platform of Babysits to request care or who engages a Babysitter to carry out Activities;

1.5 Business customer: the (legal) person making use of the services via the platform of Babysits. Companies under common control, and companies operating under a common brand or franchise formula, are together regarded as one Business customer, unless Babysits has agreed otherwise in writing;

1.6 Activities: the care services the Babysitter carries out for the Family;

1.7 Parties: Babysits and the Babysitter, or Babysits and the Family, or Babysits and the Business customer, or the Babysitter and the Family jointly;

1.8 Personal data: any information about an identified or identifiable natural person;

1.9 Days: all calendar days;

1.10 Force majeure: any circumstance that is independent of the will of Babysits - even if it was foreseeable at the time of adoption of the Mediation Agreement at the company of Babysits, its suppliers, and in addition all circumstances as a result of which compliance with the Mediation Agreement cannot reasonably be demanded of Babysits;

1.11 Non-attributable shortcoming: matters such as (the threat of) war, rioting, fire, strikes, malfunction of systems/software, blockages, exclusion, disruption of traffic, illness on the part of staff, non or non-timely compliance with obligations by third parties;

1.12 Member: a Babysitter, a Family, or a Business customer.

1.12.1 Swiss Member: a Member whose registered address, as provided pursuant to Article 4.1 or 4.2, is in Switzerland.

1.13 Babysits: Trade name of the following entities, depending on the Member:

1.13.1 For Swiss Members: the company "Babysits Switzerland GmbH", registered in the Commercial Register of the Canton of Zug under UID/CHE number CHE-447.449.119.

1.13.2 For all other Members: the private limited liability company "Babysits B.V.", registered with the Chamber of Commerce in the Netherlands under number 68591950.

1.14 Standard account: the free account that a Member obtains upon registration, the functions of which are set out in Article 9;

1.15 Premium subscription: the paid, recurring subscription with which a Family upgrades its standard account;

1.16 Premium business subscription: the paid, recurring subscription with which a Business customer upgrades its standard account.

1.17 Booking fee: the fee the Family owes Babysits if the Family chooses to pay for the Activities through a booking on the platform. On the website, in the app and on booking details pages, this fee is also referred to as the Member Protection fee.

1.18 Mediation Agreement: the agreement between Babysits and a Member concerning the use of the Provision of Services, which is concluded upon confirmation of the registration and to which these Terms and conditions apply. The Mediation Agreement is not an agreement concerning the Activities.

Article 2. The service of Babysits

2.1 Babysits operates an online platform on which Families and Babysitters find each other. They agree the arrangements for the Activities between themselves. For Babysitters, use of the platform is free of charge in all cases. For Families, use of the platform is free of charge as well, including answering conversations started by other Members. A Family owes Babysits an amount only if it chooses a Premium subscription (Article 9) or chooses to pay the Babysitter through a booking on the platform (Article 11). With either, the Family can also start conversations itself. Babysits charges no fee for the conclusion of an agreement between a Family and a Babysitter.

2.2 An agreement concerning the Activities is concluded exclusively between the Family and the Babysitter. Under no circumstance will an agreement other than the Mediation Agreement be concluded between the Family and Babysits, or between the Babysitter and Babysits. Babysits is not a party to the agreement between the Family and the Babysitter, neither as employer nor as employee nor in any other capacity, and derives no rights or obligations from it.

2.3 Babysits does not select or assign Babysitters, does not set the rate, gives no instructions concerning the Activities and does not carry out Activities itself. The safety measures and verification tools that Babysits offers do not constitute an assessment by Babysits of the suitability of a Babysitter for a Family.

2.4 The conclusion of an agreement between a Family and a Babysitter does not in itself create any payment obligation towards Babysits. The fact that a Family and a Babysitter find each other through the platform and conclude an agreement, including an employment contract, gives rise to no fee, commission or other amount owed to Babysits by either of them.

2.5 The Babysitter owes Babysits no amount at any time. There is no registration fee, no subscription fee, no placement commission and no deduction from the amount agreed with the Family. The Babysitter keeps the full amount agreed with the Family.

2.6 The Family owes Babysits an amount only if the Family itself chooses one of the following, and in no other case:
a. a Premium subscription (Article 9), being a voluntary paid upgrade; or
b. the Booking fee (Article 11), which is due only if the Family chooses to pay the Babysitter through a booking on the platform instead of paying the Babysitter directly.

Both amounts are payable for the use of a function of the platform. The Booking fee is charged per booking, including for repeat bookings with the same Babysitter.

2.7 A Business customer owes Babysits an amount only if it chooses a Premium business subscription (Article 9).

Article 3. Applicability

3.1 These Terms and conditions apply to the Provision of Services of Babysits and to every use of the platform by a Member.

3.2 Deviations and/or additions to these Terms and conditions are only valid if established expressly and in writing.

3.3 If any provision of these Terms and conditions is invalid, the other provisions in these Terms and conditions remain effective. The relevant non-valid provision(s) will be replaced by a different, valid provision that will approximate the consequences aimed for by the invalid provision as closely as possible.

3.4 Provisions from these Terms and conditions are not applicable if and to the extent regulations in the field of mandatory law oppose such. If a provision were to be void under circumstances on such grounds, the arrangement that is most advantageous to Babysits applies and all other provisions remain fully effective.

Article 4. Content and implementation of the agreement

4.1 The Babysitter registers with Babysits and will thereby submit the information and documents required, also including an e-mail address, name, address, postcode, and bank account number.
Babysits will confirm the registration of Babysitter. At that moment, the Mediation Agreement between Babysits and the Babysitter is concluded, to which these terms and conditions are applicable.

4.2 The Family registers with Babysits and will thereby submit the information and documents required, also including an e-mail address, name, address, and postcode. Babysits will confirm the registration of the Family. At that moment, the Mediation Agreement between Babysits and the Family is concluded, that these terms and conditions are applicable to.

4.3 Members are prohibited from creating or maintaining multiple accounts. Each natural person and each Business customer may maintain one active account. Creating multiple accounts may result in immediate termination of all associated accounts.

4.4 The Babysitter can choose to make his profile visible to everyone, only to Babysits members, or to all members that the Babysitter has been in contact with. If the Babysitter chooses "everyone", public search engines (such as Google) and job vacancy websites will include the profile as well.

4.5 The data of the Babysitter will be used to generate a profile on the platform of Babysits. Babysits will not use the data for different purposes without the express consent of the Babysitter.

4.6 The Babysitter carries out the Activities on grounds of the agreement with the Family under own responsibility and at own risk. Babysits is not responsible and/or liable for the implementation and compliance with the agreement for Activities by the Babysitter at the Family.

4.7 The Agreement between Babysits and the Babysitter/the Family regards a best-effort obligation, whereby Babysits exerts itself to bring about an agreement between Babysitter and Families.

Article 5. Obligations of Babysitter

5.1 The Babysitter is solely responsible at all times for checking their (legal) obligations as a Babysitter. This includes, among other matters, tax and social security obligations.

5.2 The Babysitter is responsible for the correctness and completeness of their information that is listed on the platform of Babysits.

5.3 The Babysitter is obligated to immediately communicate any possible changes to the information to Babysits.

5.4 The Babysitter has a duty of care during the implementation of the activities. This means that the Babysitter carries out his activities with care.

5.5 The Babysitter is responsible him-/herself for properly conducting business operations and to submit the (tax) declarations required and/or to take out the insurances required, whereby must be understood a Liability Insurance as well.

5.6 To make use of the provision of services of Babysits, the Babysitter must have a minimum age of 15 years (or an older age if this applies locally). The Babysitter is responsible him-/herself to pay attention to this. In addition, every Babysitter below 18 is obliged to ask for permission from his/her parents. If the Babysitter does not meet these conditions and has incurred expenses, these costs cannot be claimed from Babysits.

5.7 The Babysitter is responsible for choosing which Families to work with and verifying whether a Family is suitable before accepting Activities.

Article 6. Obligations of Babysits

6.1 Babysits takes care of the updating and servicing of the Website and App of Babysits, but Babysits is unable to guarantee that the platform functions without interruptions.

6.2 Babysits receives complaints from Members and facilitates communication between the Members involved. Where possible, Babysits will exert itself to help resolve the complaint in consultation with both Members. Babysits is not a party to an agreement between a Family and a Babysitter and does not decide disputes arising from it.

6.3 Where a Family has paid for the Activities through a booking on the platform, Babysits assesses requests for a refund of the amount paid. Such an assessment concerns only the refund of that amount and does not determine the rights and obligations of the Family and the Babysitter under their agreement.

6.4 Babysits monitors the platform for safety risks and may investigate matters that affect member safety or platform integrity, whether occurring on or off the platform. When necessary to protect our community's safety, Babysits reserves the right to restrict or remove members and will cooperate with law enforcement authorities when required or appropriate to do so.

6.5 Babysits provides safety features and verification tools to facilitate connections between members. However, members are responsible for conducting their own screening and making informed decisions about who they work with. Babysits recommends that the Family and the Babysitter meet in a public place before the first time the Babysitter carries out Activities, including where a booking has already been made.

Article 7. Obligations of the Family

7.1 The Family is responsible him-/herself at all times for his/her choice to engage a Babysitter via Babysits and to verify whether the babysitter is suitable for the activities to be conducted.

7.2 The Family is obliged, upon entering into a Premium subscription, to comply with the payment obligations arising therefrom.

7.3 The Family is responsible itself for the financial obligations on account of the Babysitter.

7.4 The Family is obliged to observe the reasonable use policy.

7.5 The Family is responsible for compliance with local labor regulations, tax obligations, and obtaining appropriate insurance coverage related to engaging a Babysitter.

Article 8. Obligations of the Business customer

8.1 The Business customer is obliged upon entering into a Premium business subscription to meet the payment obligations that flow therefrom.

8.2 The Business customer is obliged to observe the reasonable use policy.

Article 9. Standard account, Premium subscription and Premium business subscription

9.1 Registration is free of charge and gives every Member a standard account. The functions of the standard account, and whether a paid upgrade is available, differ per type of Member as set out below.

9.2 Babysitter. With a standard account, a Babysitter can create and manage a profile, search for and view profiles, respond to requests published by Families, and start and answer conversations. There is no paid subscription for Babysitters: all functions of the platform are available to the Babysitter free of charge.

9.3 Family. With a standard account, a Family can create and manage a profile, search for and view profiles, publish a request, and answer conversations started by other Members. To start a conversation itself, a Family needs either a Premium subscription or a booking with the Babysitter concerned. In addition to the functions of the standard account, a Premium subscription gives the Family the ability to start conversations with other Members, calendar integration, and a reduced Booking fee (Article 11).

9.4 Business customer. With a standard account, a Business customer can create and manage a childcare agency profile, but cannot start or answer conversations. In addition to the functions of the standard account, a Premium business subscription gives the Business customer the ability to start and answer conversations with Babysitters and Families, subject to the reasonable use policy.

9.5 A Premium subscription is offered for a term of one month, three months, or twelve months. A Premium business subscription is offered for a term of one month. Prices differ per country and are published at www.babysits.com/deeplink/pricing/. Prices for a Premium subscription are shown to the Family inclusive of VAT or equivalent sales tax and are the total amount payable. Prices for a Premium business subscription are shown exclusive of VAT or equivalent sales tax. Before the purchase is confirmed, Babysits shows the Member the price for the selected term in the Member's local currency and the date on which the term ends. The price shown at the moment of purchase applies for the whole of that term.

9.6 The subscription enters into effect on the day it is concluded and runs for the term selected. The Member may cancel at any time with effect from the end of the current term, through the account settings or by notifying Babysits. If the subscription is not cancelled, it is tacitly extended for the same term at the price then applicable.

9.7 Babysits may adjust its subscription prices. An adjustment never applies to a term already paid for. It takes effect at the earliest upon the first extension after Babysits has notified the Member of the adjustment in writing at least 30 days in advance. The Member may cancel the subscription before that extension takes effect.

9.8 Where a subscription is purchased through a third-party platform such as the App Store or Google Play, payment, extension, and cancellation are handled by that platform in accordance with its own terms.

9.9 When a Premium subscription or a Premium business subscription ends, the account continues as a standard account. The profile and existing conversations remain available to the Member; only the functions of the subscription lapse.

Article 10. Reasonable use policy

10.1 Babysits applies a reasonable use policy so that the platform remains available to all Members. Normal usage varies, but is in any case limited to a maximum of 60 new conversations per month, 40 per week, and 20 per day. Babysits publishes any change to these limits on its website before the change takes effect.

10.2 Every Member is obliged to observe the Babysits Community Standards, published at www.babysits.com/deeplink/communitystandards/. These standards form part of these Terms and conditions and describe the conduct expected of Members, the categories of violation, and the measures Babysits may take. Babysits publishes any change to the Community Standards on its website before the change takes effect.

10.3 The Community Standards do not constitute instructions from Babysits regarding the Activities. Babysits gives the Babysitter no instructions as to the content, manner, time, or place of the Activities and exercises no authority over the Babysitter. The Babysitter carries out the Activities under the direction of the Family, with which the Babysitter agrees all arrangements, and remains free to accept or decline any request.

10.4 If a Member does not observe the reasonable use policy or the Community Standards, Babysits may issue a warning, limit the functions available to the Member, suspend the account during an investigation, or terminate the account. Babysits selects the measure that is proportionate to the seriousness of the violation. These measures concern access to the platform only and do not affect any agreement between a Family and a Babysitter. A Member whose account is terminated for a violation may not register again, and no refund is due for the remaining term of a paid subscription.

Article 11. Payment for Activities

11.1 The Family and the Babysitter agree the rate and the arrangements for the Activities between themselves. Babysits is not a party to that agreement and owes no payment under it.

11.2 The rate listed by the Babysitter is set by the Babysitter. Unless the Family and the Babysitter agree otherwise, this rate is the total amount payable for the Activities and includes VAT where applicable, travel expenses, and any mileage allowance. Where the Family and the Babysitter agree on additional amounts, these are agreed between them and are not part of a booking on the platform unless included in the agreed amount.

11.3 The Family may pay the Babysitter directly, for example by bank transfer or in cash. In that case the Family owes Babysits nothing in respect of the Activities: no Booking fee and no other amount. Babysits is not involved in the payment.

11.4 In countries for which Babysits offers this functionality, the Family may instead choose to pay through a booking on the platform. In that case the Family pays the agreed amount together with the Booking fee. The Booking fee is 15% of the agreed amount, or 3% if the Family holds a Premium subscription, and is shown separately before the booking is confirmed, inclusive of VAT or equivalent sales tax. Paying through a booking is never obligatory; the Family may always pay the Babysitter directly instead.

11.5 A Family that pays through a booking obtains the following, which are not available when the Family pays the Babysitter directly:
a. the agreed amount is collected before the Activities begin and is not paid out to the Babysitter until at least 24 hours after the booking has ended;
b. the Family may cancel free of charge before the booking starts and until 60 minutes after the start time stated in the booking, and receives a full refund including the Booking fee;
c. if something goes wrong, the Family can ask Babysits for a refund until 24 hours after the booking has ended, and Babysits does not pay out to the Babysitter while the request is being assessed;
d. where the Family does not hold a Premium subscription, the Family can start a conversation with the Babysitter concerned; and
e. the Family can pay by card through the platform, without having to arrange cash or a transfer after each booking.

Payment through a booking gives the Babysitter certainty that the agreed amount has been paid before the Activities begin, and means neither Member has to arrange payment between themselves afterwards.

11.6 Payments through a booking are processed by Stripe, an external payment service provider that Babysits engages for this purpose. The Family pays through Stripe before the Activities begin. The agreed amount is held in the Stripe account of the Babysitter and is not yet available to the Babysitter. Babysits instructs Stripe to pay out the amount to the Babysitter no earlier than 24 hours after the booking has ended, and carries out these instructions on business days. The moment at which the amount reaches the Babysitter's bank account is determined by Stripe and may take several days.

11.7 The percentage applicable to a booking is the percentage shown at the moment the booking is confirmed. If the Family extends a booking, the fee is charged on the additional amount in the same way. The Babysitter pays no part of this fee.

11.8 To receive payments through a booking, the Babysitter accepts the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (jointly, the "Stripe Services Agreement"), as amended by Stripe from time to time. Use of the booking function is subject to the Babysitter accepting that agreement.

11.9 The Babysitter provides Babysits with accurate and complete information for this purpose, and gives Babysits permission to share that information and information about transactions with Stripe in connection with the payment processing services.

11.10 For a booking on the platform, the Family may cancel free of charge before the booking starts and until 60 minutes after the start time stated in the booking, and receives a full refund of the amount paid, including the Booking fee. If the Family cancels after that moment, or if the Activities end earlier than agreed, the amount is paid out to the Babysitter, unless Babysits grants a refund following a request as described below.

11.11 If the Babysitter cancels the booking or does not appear, the Family receives a full refund of the amount paid, including the Booking fee.

11.12 Until 24 hours after the booking has ended, the Family may ask Babysits for a refund, stating the reason. Babysits does not pay out the amount to the Babysitter while such a request is being assessed. If the request is granted, the amount is refunded to the Family and the corresponding amount is reversed from the Stripe connected account of the Babysitter. The Babysitter has no claim to payment from Babysits where the Family has not paid.

Article 12. Liability and safeguards

12.1 Upon implementing the Provision of Services, Babysits will apply all care and competency that can reasonably be expected of Babysits. This Provision of Services is limited to the mediation. Babysits is never liable for the conducting of the Activities by the Babysitter at the Family.

12.2 Babysits is not liable for damage of any nature whatsoever because it relied on incorrect and/or incomplete information provided by the Babysitter/the Family, unless such incorrectness or incompleteness should have been knowable for Babysits.

12.3 Babysits is not liable for all direct or indirect damage incurred by the Babysitter/the Family, also including consequential damage, that is related to a shortcoming by Babysits or by persons deployed by Babysits in the implementation of the Mediation Agreement, unless in the event of willful intent and/or gross fault.

12.4 Babysits is not liable for material and/or immaterial and/or (consequential) damage that has occurred due to the Babysitter/the Family.

12.5 If Babysits can nevertheless be held liable, that liability is limited to the amount paid out under the (business) liability insurance of Babysits in the relevant case. If the damage is not covered by that insurance, or the insurer does not pay out, the liability is limited to the amount the Member paid to Babysits in the twelve months preceding the event, with a maximum of EUR 2,000 or the equivalent in the Member's currency. This limitation does not apply in the event of intent or gross negligence on the part of Babysits, or where mandatory law does not permit it.

12.6 The Babysitter/the Family safeguards Babysits against all third-party claims for which Babysits is not liable pursuant to the preceding.

12.7 The burden of proof regarding any alleged liability of Babysits lies with the Babysitter/the Family. The Babysitter/the Family accepts this burden of proof.

Article 13. Processing of personal data and privacy

13.1 Personal data that are provided by the Babysitter/the Family to Babysits will not be made available to third parties, unless this is determined differently in any manner by the law or the Mediation Agreement.

13.2 The Babysitter/the Family determine themselves what information and/or contact details the Babysitter/the Family wish to render public by sharing this information via the (on-line) platform with the Babysitter/the Family.

13.3 Babysits exerts itself in reasonableness to secure its systems against unlawful use and takes appropriate technical and organizational measures to such effect.

Article 14. Non-disclosure and confidentiality

14.1 All Personal Data that Babysits receives from the Babysitter/the Family and/or collects itself in the context of this Mediation Agreement is subject to a non-disclosure obligation vis-a-vis third parties, unless established otherwise between Parties.

14.2 The Babysitter/Family may possibly insert personal data in the profile description themselves; because Parties choose themselves to make this information available, such personal data are not subject to a non-disclosure obligation. If the Babysitter/Family includes personal data in the profile description, it is at own risk.

14.3 This non-disclosure obligation does not apply to the extent the Babysitter/the Family have given their express consent for the provision of the information to third parties, if the provision of the information to third parties is logically necessary considering the nature of the assignment granted and the implementation of this processor agreement, or if a legal obligation pertains to provide the information to a third party.

Article 15. Force majeure

15.1 If Babysits is unable due to a permanent shortcoming that cannot be attributed to it to comply with its obligations, it has the right within a reasonable term to rescind the Mediation Agreement entirely or in part by way of a written statement, without Babysits being obliged to provide any compensation of damages - or compensation of such advantage as may have been enjoyed - to the Babysitter/the Family.

15.2 A shortcoming that can be attributed to Babysits is qualified as permanent if the relevant performance cannot be conducted within a reasonable term after the circumstances become effective. Such reasonable term is deemed to amount to at least 14 days.

15.3 If the performance can, however, be conducted within a reasonable term, the shortcoming is not permanent and neither Babysits, nor the Babysitter/the Family can rescind the Mediation Agreement. The obligation of Babysits to perform is suspended without Babysits being obliged to provide any compensation of damages to the Babysitter/the Family.

Article 16. Proof

16.1 With regard to the monetary scope of the mutual obligations from the Mediation Agreement concluded with Babysits, the administrative records of Babysits are - barring proof to the contrary by all means - decisive.

16.2 Barring proof to the contrary by all means, the information stated on the invoice and/or quotation counts as correct between the Babysitter/the Family and Babysits.

Article 17. Right of withdrawal for the Family

17.1 The Family has the right to withdraw from a Premium subscription within 14 days after it is concluded. This right does not apply to a Business customer.

17.2 The Family exercises this right by informing Babysits in writing, including by e-mail, within that period.

17.3 Upon withdrawal, if the Family has not planned a meetup or a booking with a Babysitter through the Premium subscription, Babysits refunds the full price paid. If the Family has planned a meetup or a booking, Babysits retains a fee equal to 80% of the price of a one-month Premium subscription and refunds the remainder.

17.4 Babysits refunds the amount due within 14 days after receiving the notice of withdrawal, using the same payment method the Family used.

17.5 Where a Premium subscription was purchased through a third-party platform such as the App Store or Google Play, withdrawal is handled by that platform under its own terms.

Article 18. Modifications

18.1 Babysits may modify these Terms and conditions. Babysits notifies Members of a material modification at least 30 days before it takes effect. A Member who does not accept the modification may terminate any subscription with effect from the end of the current term.

18.2 The content and functioning of the website can be modified by Babysits without prior announcement.

Article 19. Miscellaneous provisions

19.1 If any provision from these Terms and conditions or from the underlying Mediation Agreement were to be completely or partially void and/or invalid and/or unenforceable, such as a result of any legal regulation, court order or otherwise, then this will not affect the validity in any manner of all other provisions of these Terms and conditions or the underlying Mediation Agreement.

19.2 If a provision of these Terms and conditions or the underlying Mediation Agreement were not to be valid for a reason as intended in the previous section, but it would be valid if it had a more limited scope or purport, then this provision will - primarily - apply automatically with the most far-reaching or sizeable more limited scope or purport with or in which it would be valid still.

19.3 Without prejudice to what is established in section 2, parties can, if they so desire, enter into consultations to establish new provisions to replace the void and/or annulled provisions. Thereby, the purpose and purport of the void and/or annulled provisions will be aligned with as much as possible.

19.4 These Terms and conditions are provided in multiple languages. In case of differences of interpretation between others and the English version of the Terms and conditions, the English version of the Terms and conditions is leading.

Article 20. Applicable law

20.1 To all Mediation Agreements concluded with Babysits or all undertakings flowing therefrom, the following law is exclusively applicable:

20.1.1 Swiss Members: Swiss law.

20.1.2 All other Members: Netherlands law.

20.2 In case of any dispute as a result of a Mediation Agreement that these Terms and conditions are applicable to, the following court has exclusive competence to hear the dispute:

20.2.1 Swiss Members: the court of Zug.

20.2.2 All other Members: the court of Rotterdam.

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