NANA’S HOME PET SITTING TERMS AND CONDITIONS FOR PET SITTERS
Nana’s Home Pet Sitting owns and operates a business which offers pet caretaking services to pet owners (our “Clients”). Clients in need of a pet sitter can request a booking via our website www.nanashomepetsitting.com (“Website”).
These Terms and Conditions (“Terms”) are for pet sitters, willing to provide services to Nana’s as a caretaker of our Clients’ pets. These Terms set out the rights and obligations of each party.
We refer to Nana’s Home Pet Sitting Service as “Nana’s”, “we”, “us” and “our” throughout these Terms and to the pet sitter as “you”, “your” and “yours”. Together, Nana’s and you are referred to as the “parties”.
2. Applicability of these Terms
These Terms, together with the agreement you sign, form our entire contract with you (“Contract”). These Terms are incorporated into the agreement by reference. By signing the agreement, you also agree to be bound by the terms and conditions set out in this document (“Terms”). The Contract is a legally binding agreement between you and us. Your terms and conditions, if any, expressly are not applicable.
3. Data protection
We will need to collect and process certain personal information from our pet sitters in order to be able to work with them. Your privacy is important to us and we comply with data protection laws, including the EU General Data Protection Regulation (GDPR).
4. Eligibility criteria
In order for us to consider you as a pet sitter, you will need to comply with our eligibility criteria, set out below.
By entering into the Contract, you warrant and represent that you comply with these criteria, not only on the date you sign, but throughout the duration of the Contract. If any event takes place which has or may have an impact on your eligibility, you must inform us immediately and you acknowledge that we may take appropriate action – to be determined at our sole discretion – as a consequence of such change. Such action may include terminating the Contract with immediate effect (see also clause 9).
In order to be able to provide services as a pet sitter to Nana’s, you must, at all times:
- be at least 18 years of age;
- have passion and experience in the field of pet caring;
- act in a professional and polite manner;
- be serious, fully committed, act responsibly and be reliable while a pet is under your care;
- be patient and compassionate in your relation to pets;
- reside in a comfortable home with enough space to host pets (to be determined by Nana’s during our vetting process, please refer to clause 5);
- acknowledge that, if your home is part of a bigger building, your roommates, building or housing society or VVE (Vereniging Voor Eigenaren) – as applicable – allow(s) for having pets in your home;
- confirm that you, as well as your household members and/or roommates, do not have any allergies or other health hazards preventing you from taking care of pets;
- agree to spend a considerable amount of time with a pet and guarantee to be home overnight when you host a pet, or guarantee adult supervision (for the limited time you are absent)
- disclose any other pets you have or host in your home.
5. Vetting process
Nana’s has put in place a thorough vetting process in order to make sure that all pet sitters comply with Nana’s high standards.
Our vetting process consists of the following steps:
- a representative of Nana’s will either visit you in person, at the location where you are welcoming pets, or will have a video call with you to check whether your home complies with our standards and have a conversation with you to determine whether Nana’s believes you are a good fit to Nana’s pet sitter’s network;
- you provide us with a short biography, a photograph of yourself and photographs of your home/the space the pet will be hosted in, in order to give our Clients a good idea of the surroundings their pet will be hosted in;
- you tell us your level of experience in animal caretaking;
- you provide us with valid proof of identity by showing us your passport, driver’s license or ID-card;
- you will provide us with proof of residence at your address;
- you accept and sign the Contract.
You agree to take part in the vetting process and cooperate with us during all steps of the vetting process. Any refusal to cooperate with us or failure to provide any requested information will result in a rejection of your application to become a pet sitter.
You warrant that all information about yourself, your level of experience in caretaking of pets, your attitude towards animals, your ID and any other information relevant for Nana’s to determine your suitability as a pet sitter, is true, accurate, complete and up-to-date. You also warrant that the photographs you submit of yourself and your home represent a true picture and are not manipulated, photoshopped or otherwise tampered with. You agree to inform us should any circumstances or facts or circumstances about yourself or your home change.
It is at Nana’s sole discretion to decide on your suitability as a pet sitter. If Nana’s decides you are suitable to work for us as a pet sitter, we will welcome you as a pet sitter in our accredited network and your home will be designated as an official ‘Nana’s Home’.
6. Your obligations
You will provide your services to Nana’s with all due care, skill and diligence and to the best of your abilities.
You are responsible for the following duties in relation to the pet:
- take good care of the pet for the duration of the stay;
- treat the pet with respect at all times and always act in its best interest;
- feed the pet adequately in accordance with Nana’s and/or the Client’s instructions;
- give the pet access to fresh and clean water at all times;
- administer the medication of the pet in accordance with instructions;
- keep up with the pet’s hygiene;
- undertake at least two (2) daily walks OR as much as determined by Nana’s or the Client;
- spend at least one (1) hour of physical exercise with the pet daily;
- respect the rules, requests and special instructions of the Client;
- keep the pet safe, secure and free from any harm;
- seek immediate assistance from a vet in case of health emergencies;
- provide the pet with access to shade and a cool place if the weather is warm and with a warm place if the weather is cold;
- keep the pet in a place where it cannot escape outside of your home;
- allow the pet enough space and time to move around and explore;
- provide for a safe environment with no chance for the pet to hurt itself or ingest something unhealthy;
- guarantee a safe place for both the pet and any children residing in your home, if applicable, and make sure that any children respect all the rules under this Contract;
- adapt the environment of the pet in case you host a juvenile pet in order to avoid any damage to the pet itself, yourself, your housemates, children, belongings and other pets in your home.
You must not:
- keep the pet outside (whether outside of the building or outside your home but within the premises of the building your home is part of), without supervision;
- keep the pet outside overnight;
- tie the pet up or keep it in a cage or locked up for long periods of time unless specifically indicated by the Client;
- feed or give the pet anything it is not supposed to be fed or given as instructed;
- give the pet any medication not expressly instructed by the Client or prescribed by a vet (in case of an emergency).
You are responsible for the following in relation to Nana’s and the Client:
- be available for and present at a one (1) hour meeting in person with the Client and/or a representative of Nana’s at your home in advance of the stay;
- update us about your availability and holidays at least two (2) weeks in advance;
- respond to our inquiries in regards to your availability within 24 hours (if you do not respond within 24 hours, we reserve the right to cancel a request);
- report any changes in your availability due to unforeseen circumstances as soon as possible;
- communicate with the Client from the time a booking is confirmed by Nana’s making use of the WhatsApp group created by Nana’s for the sole purpose of communication between you, Nana’s and the Client, or, if no WhatsApp is used, by text messaging;
- behave and communicate professionally, friendly and respectfully towards Nana’s representatives and Clients;
- respond to Nana’s and/or the Client’s requests for the status of the pet within three (3) hours;
- keep the Client updated regularly with photos and/or videos of the pet;
- inform both Nana’s and the Client immediately once you become aware of any wounds, injuries or changes in behaviour of the pet;
- ensure that any personal items or belongings you particularly care about (including, but not limited to carpets, rugs, tapestries, wall-hangings, vases, pots, decorative items, plants, small pieces of furniture and other items that are delicate or can be easily moved) are removed or safely stowed away so that the pet cannot access, grab or damage them.
Clients pay Nana’s directly for the services they have requested. We have in place a cancellation policy for Clients, allowing them to cancel a confirmed booking at a fee or no fee, depending on the time of cancellation.
The Client must inform Nana’s of their cancellation, not the pet sitter. Should you receive a cancellation request directly from a Client, please do refer them to Nana’s and do not deal with such request yourself or make any promises or representations on our behalf.
You cannot cancel after you have committed yourself to a booking. Should you cancel a confirmed booking, we will charge you a cancellation fee of €50, which will cover our costs for finding a new pet sitter. It is at Nana’s sole discretion whether or not we charge you the cancellation fee. In the event you recurrently cancel confirmed bookings, we may also remove you as a pet sitter from our network and reject any new applications you make to become a pet sitter again.
8. Fees and payment
We will pay you the following fees in consideration of your services delivered to us:
- Overnight stays: €15 for one pet and €25 for two pets owned by the same owner;.
- Daytime care: €10 for one pet and €15 for two pets owned by the same owner.
If you host two pets from different owners, the single pet fee will apply per pet.
All fees are in Euros and including all applicable taxes.
We will pay you 50% of the total fees at the date of check-in and the remaining 50% at the date of check-out. Any expenses you have incurred in relation to the pet during the stay, such as for (extra) food, drinks and medication, emergency vet visits and emergency medication, shall be reimbursed to you by us within 14 days of submitting proper receipts/invoices or other evidence of such expenses satisfactory to us. Without such receipts or invoices we cannot charge the Client for such expenses and we cannot reimburse you for such expenses, so please always remember to collect receipts and invoices.
We take care of collecting payment from pet owners and you should refrain at all times from entering into any transactions with pet owners directly.
9. Duration and termination
This Contract commences on the date set out in the agreement and continues in full force and effect for one (1) year, unless terminated earlier in accordance with these Terms. Upon expiry of the first year, this Contract will be automatically renewed for further one (1) year periods.
This Contract may be terminated by either of the parties by giving the other party 30 days’ prior written notice. During the notice period, the parties shall continue to perform their respective obligations under the Contract. Any confirmed bookings planned during the notice period shall be carried out by the pet sitter and shall be paid by Nana’s. Should there be any confirmed bookings in the period after the 30 days’ notice period, these bookings shall be relocated to another pet sitter by Nana’s.
This Contract may be terminated without prior notice by each of the parties in the event the other party:
- materially breaches a provision of this Contract and the breach is attributable to that party. Where such breach is capable of being remedied, a party may only terminate if the party in default has not remedied such breach within a reasonable time after receiving a written notice of such breach. Termination of the Contract due to a material breach is without prejudice to any other rights and remedies of the non-defaulting party in such an event, including the right to actual damages;
- is dissolved or liquidated, goes into bankruptcy, or is otherwise the subject of suspension of payment or other insolvency proceedings or has lost control over its financial assets due to any other measure (including ‘schuldsanering’);
- fails to comply with applicable laws and regulations to which it is subject;
- is convicted for a criminal offence or commits gross misconduct.
In addition, Nana’s may terminate this Agreement with immediate effect in the event you do not meet all of the eligibility criteria (anymore) set out in clause 4.
You agree to keep confidential any information which you have obtained or were given access to during the provision of your services which is of a confidential nature. This includes information about the Client, the pet, this Contract, Nana’s business and other information which you should reasonably know is of a confidential nature. You must not disclose it to any third party without the prior written approval of the disclosing party. You may not use such information to gain any commercial benefit from it.
It is strictly prohibited, for the duration of this Contract and for a period of one (1) year after it is terminated or expired, for you to provide services as a pet sitter, in whatever capacity, to Clients of Nana’s you are providing or have provided services to for the duration of this Contract, without Nana’s involvement, or to solicit them away from Nana’s.
12. Penalty clause
In the event you materially breach any of the obligations arising out of clauses 10 (Confidentiality) or 11 (Non-circumvention/non-competition), you shall incur an immediately due and payable penalty of €2.500 per instance. The penalty shall not be susceptible for mitigation by a judge and is without prejudice to any other rights and remedies available to Nana’s in the event of such breach, including the right to full (supplementary) compensation for actual damages.
13. Legal status
You will provide your services to us as an independent contractor, not as our employee, worker or agent. The Contract is not an employment agreement.
You shall perform your services independently, without supervision from Nana’s. You are free to perform the services in your own home at your own discretion within the boundaries of the Contract. These Terms contain our general instructions in regards to the provision of the services. You must comply with timely given and justified instructions of Nana’s and the Client.
As an independent contractor, you are solely liable to account for any taxes payable on the fees we pay you for your services, including VAT (BTW) and income tax. You do not have a right to holiday pay, pension or other benefits of an employee. Please note: we do not provide advice about how to account for taxes and related business issues. Please ask your accountant or a professional with expertise in the field of taxes.
If you do not perform services for whatever reason (including illness), we are not liable for payment of any fees.
14. Events outside our control
Neither party shall be liable to the other if it is prevented from or delayed in performing its obligations under the Contract, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, failure of a utility service or telecommunications network, acts of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction, epidemic or pandemic, accident, fire, flood, storm or default of suppliers or sub-contractors, provided that the other party is notified of such an event and its expected duration.
We do not provide for any type of insurance and we cannot be held liable for any damages and costs caused by pets.
Pet owners may not always have third-party liability insurance. If you accept to host a pet, we will assume that you accept that any damages to or destruction of your own property or belongings or those of any third parties caused by the pet you host may not be insured. Although we will do our best to have your damages covered by the pet owner (whether or not through its insurer), we are not liable for any such damages, nor are we under an obligation to arrange for any coverage of such damages by the pet owner.
If you don’t want to host pets from pet owners without third-party liability insurance, you must explicitly let us know in advance.
16. Limitation of liability and indemnification
You are solely liable for death or personal injury arising out of your non-compliance with these Terms as well as for injuries of the pet or its death caused by your actions.
We are only liable for breaches of our obligations under this Contract which are attributable to us. For the avoidance of doubt, we cannot be held liable for any damage, personal injury or destruction of personal property or belongings caused by you or the pet, nor for any damages to, injuries or death of the pet.
You shall indemnify and hold Nana’s harmless from any losses or damages incurred by Nana’s (including those arising out of third-party claims) resulting from or in connection with the services you perform under the Contract.
17. Changes to this Contract
Any changes to this Contract are only valid if in writing and signed by both of the parties.
You may not assign or otherwise transfer your rights and obligations under the Contract to a third party without our prior written consent.
We may assign or transfer our rights and obligations under the Contract to a third party, for example when we merge with another company, or when we are taken over by another company. If this happens, we will make sure that your rights are not prejudiced.
If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms shall not be affected.
If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision in place of the provision so deleted.
20. Governing law and disputes
The Contract is governed by Dutch law.
If any disputes arise in relation to the Contract, the parties shall undertake at least one attempt to resolve such dispute in good faith within 30 days from a notice that such dispute has arisen.
Should such attempt ultimately fail, the parties shall submit to the exclusive jurisdiction of the court in Amsterdam, The Netherlands.