Rockmybaby Australia / Sydney Terms and Conditions: Clients / nannies
Rockmybaby Sydney - Terms and Conditions Nannies: Clients
These Terms form a legal agreement. Please read carefully. By registering online as a Rockmybaby® Client and agreeing to our Terms and Conditions (via the required tick box), or by utilising our platform to find a temporary or permanent Nanny, you acknowledge and accept the following Terms & Conditions.
These Terms apply in the state of New South Wales. You may be dealing with either Rockmybaby® Australia or an independently owned and operated Rockmybaby® franchise in Sydney. The relevant provider will be clearly indicated on your booking confirmation or invoice.
Revised: November 2025
1.0 Contract and Scope of Agreement.
1.1 These Terms & Conditions constitute a legally binding agreement between you, the "Client", and Rockmybaby® Nanny & Babysitting Agency (referred to as "Rockmybaby®", "the Agency", "we", or "us"), including its Australian head office and any independently owned and operated Rockmybaby® franchisee providing services under the Rockmybaby® brand.
1.2 By completing any of the following actions, the Client agrees to be bound by these Terms & Conditions in full:
· Registering as a client on the Rockmybaby® website;
· Submitting a Nanny (including a Maternity Nurse) Request;
· Engaging or corresponding with a Nanny introduced by Rockmybaby®; or
· Receiving services via the Rockmybaby® Sydney franchise or directly operated territory.
This acceptance forms a contractual relationship between the Client and Rockmybaby® (including the applicable franchisee, where relevant).
1.3 The term “Rockmybaby®” refers to:
· Rockmybaby® Australia Head Office;
· Any authorised Rockmybaby® franchisee within Australia;
· The broader Rockmybaby® Group, including its website, systems, branding, and proprietary technology.
1.4 The term “Client” refers to any individual, family, employer, or organisation that engages with Rockmybaby® for childcare or related staffing services.
1.5 The term “Candidate” refers to any individual introduced to the Client by Rockmybaby®, including but not limited to: nannies, maternity nurses, household staff, or temporary carers.
1.6 The term “Nanny/ Nannies” refers to a registered childcare professional who may be engaged by a Client in a full-time, part-time, temporary, or live-in capacity. Nannies may operate as employees or independent contractors of the Client, depending on the agreed arrangement between the Client and Candidate.
1.7 These Terms & Conditions govern access to and use of the Rockmybaby® website and all associated services. By proceeding to use the website or request services, the Client agrees to comply with these Terms. If the Client does not agree, they must immediately discontinue use of the Rockmybaby® platform and services.
1.8 Rockmybaby® reserves the right to refuse or withdraw services at any time, particularly in cases of misconduct, breach of these Terms, unsafe environments, or where concerns are raised by Candidates or Nannies regarding the Client’s conduct or conditions. Unsafe environments may include, but are not limited to: aggressive behaviour, harassment, excessive mess, unhygienic conditions, verbal abuse, or illegal activity. Candidates have the right to refuse or leave a placement they believe is unsafe.
1.9 The Client agrees not to post, submit, or communicate any false, incomplete, misleading, defamatory, or illegal information via the Rockmybaby® platform or associated communication channels. Misuse of the platform or services may result in immediate account suspension, legal action, and/or reporting to relevant authorities.
1.10 The Client must not use Rockmybaby® for any unlawful, unethical, or exploitative purpose. Any unlawful access, duplication, or misuse of Rockmybaby® intellectual property, including its systems, technology, and content, is strictly prohibited and may result in civil or criminal liability.
2.0 Client Responsibilities
2.1 All communication between the Client, Rockmybaby®, Nannies and/or any Candidate introduced by the Agency is considered strictly confidential. Clients must not share, distribute, or disclose any personal, professional, or identifying information about a Candidate or Nanny to any third party without the express written permission of Rockmybaby®.
2.2 All bookings and placement arrangements must be made directly through Rockmybaby®, either via our website, approved communication channels, or directly with your assigned consultant. Under no circumstances may a Client make a direct or private arrangement with a Candidate outside of Rockmybaby®’s booking system or without prior written approval (unless the Client and Nanny are engaging in a separate employment or contractor arrangement in accordance with the Rockmybaby® Sydney Terms and Conditions). Doing so constitutes a breach of these Terms and will result in the full applicable placement or booking fee being charged.
2.3 The Client is solely responsible for ensuring that the working environment provided to any Candidate or Nanny is safe, respectful, clean, and complies with all relevant health and safety laws and standards. Rockmybaby® Candidates, or Nannies have the right to refuse to work in unsafe or unsuitable conditions and may report such concerns to the Agency.
2.4 Rockmybaby® reserves the right to withhold or suspend referrals to a Client if:
· Repeated negative feedback is received from Candidates or Nannies.
· Any safety concerns or inappropriate conduct are reported;
· The Client is found to have breached these Terms in any way;
· The Client has failed to make payments as agreed.
2.5 Candidate profiles, resumes, availability details, and other personal information are provided to the Client solely for the purpose of evaluating a Candidate for the requested role. This information must not be shared with other individuals, families, businesses, or agencies. If a Candidate introduced by Rockmybaby® is subsequently employed by a third party as a result of the Client sharing their details, the full applicable placement fee will be charged to the Client.
2.6 The Client is responsible for maintaining the security and confidentiality of their Rockmybaby® account, including login credentials and dashboard access. Any unauthorised use, suspected breach, or loss of access must be reported to Rockmybaby® immediately.
2.7 Subject to complying with the terms and Conditions regarding Nannies, the Client agrees not to approach, contact, or re-engage any Candidate introduced by Rockmybaby® independently — either during or after the initial introduction — for a period of 12 months from the date of introduction. This includes direct or indirect engagements, even if the Candidate is no longer employed by or listed with Rockmybaby®. Breach of this clause will result in the full applicable permanent placement fee being charged, and may result in further legal action or account termination. In addition to incurring the full placement fee, Rockmybaby® reserves the right to terminate all future service access and may pursue legal recovery of lost earnings or damages.
2.8 Feedback provided by Clients regarding Candidates or Nannies may be used internally for monitoring, compliance, and quality assurance. Rockmybaby® reserves the right to suspend services to Clients who engage in unprofessional, inappropriate, or unsafe conduct based on review and investigation.
3.0 Nature of Relationship
3.1 In respect of a Client engaging a Nanny through the Rockmybaby® platform, Rockmybaby® acts solely as an introduction and booking agency. The Agency introduces Candidates for Nanny positions only and is not responsible for payroll, insurance, or compliance in respect of these positions where the client will act as the employer. In respect of a Nanny position, the Client is responsible for all legal, tax, and employment obligations once the Nanny is engaged.
3.2 These Terms clarify that no employment, partnership, or legal relationship exists between Rockmybaby® and any Client beyond the scope of service facilitation.
4.0 Nanny Candidate Obligations
4.1 Clients must notify Rockmybaby® immediately of any extension, renewal, or re-engagement of a temporary nanny placement. Temporary placements (typically up to 3 months) are invoiced at the applicable daily, weekly, or monthly rate as outlined in Rockmybaby®’s current Australian fee schedule. Any further engagement of the same Candidate within 12 months of the original placement — regardless of whether the engagement is for casual, part-time, full-time, or ongoing work — will be treated as a new placement and charged accordingly.
4.2 If a Candidate is referred to the Client from another source (e.g., word-of-mouth, another agency, or online platform) but is registered with Rockmybaby®, and the Client chooses to engage that Candidate, then the Client is still liable for the full applicable Rockmybaby® placement fee.
4.3 A placement fee becomes payable once a Client makes an offer of employment (permanent or temporary) to a Candidate introduced by Rockmybaby®, and that offer is accepted. Clients must inform Rockmybaby® of all employment offers made to Candidates.
4.4 The Client understands and agrees that they are the legal employer or contractor of the Nanny Candidate and are solely responsible for meeting all employment-related legal and financial obligations. This includes but is not limited to:
· Complying with the Australian Fair Work Act and any applicable Modern Awards
· Withholding and paying PAYG income tax (where applicable)
· Paying superannuation entitlements (as required by law)
· Ensuring visa and right-to-work eligibility
· Providing a safe and legally compliant workplace
· Supplying a roadworthy, insured vehicle if the Nanny is required to drive
Clients engaging a Nanny Candidate are solely responsible for determining the correct legal classification (employee vs. contractor), issuing appropriate contracts, and meeting all employment obligations. This includes registration with Fair Work, WorkCover (if required), and payment of PAYG tax, superannuation, and leave entitlements as applicable.
4.5 If a Client wishes to engage a Nanny Candidate for a trial period, Rockmybaby® must be notified in advance. Trials are billed as temporary nanny engagements, and the corresponding fees will apply. If the Nanny Candidate is subsequently offered a permanent or longer-term role following the trial, the full permanent placement fee will be charged (less any applicable temporary fees already paid). All trials must be arranged through Rockmybaby® and confirmed in writing prior to commencement.
5.0 Cancellation, Admin Fees, Refunds & Guarantees
· 5.1.1 Admin / Engagement Fees: A non-refundable administrative or engagement fee is required upfront for all temporary services, including:
o Temporary nanny placements
o Maternity nurse bookings
This fee must be paid in full prior to candidate sourcing or allocation of services.
This fee covers administrative time, candidate screening, insurance validation, communication handling, and booking system support. It is non-refundable, even if the booking is not completed.
· 5.1.2 Sydney-Specific Fees:
o A $440 (inc. GST) upfront engagement/search fee is required for any nanny or maternity placement in Sydney.
o Once candidate resumes are presented to the Client, a $660 (inc. GST) recruitment fee becomes payable, regardless of whether the Client proceeds.
o Both fees are non-refundable, covering administrative, compliance, and sourcing costs.
· 5.1.3 Rockmybaby® endeavours to fulfil all bookings promptly but cannot guarantee availability, especially in regional or high-demand areas. Admin and booking/search fees remain non-refundable.
5.2 Nanny Agency Services (Permanent & Temporary)
· 5.2.1 For permanent placements cancelled by the Client before the start date, 50% of the total agency fee will be retained.
· 5.2.2 If a nanny candidate withdraws before the agreed start date, Rockmybaby® will offer either:
o A full refund of agency fees, or
o A replacement (up to three new candidate profiles), based on the original job brief.
o Refunds will be processed within 10 business days of confirmation. All approved refunds exclude any admin, search, or processing fees already incurred by Rockmybaby®.
· 5.2.3 Temporary placements cancelled within 72 hours of the scheduled start will incur a 50% charge of the total agreed wage.
Same-day cancellations will incur a 100% charge of the first day's wage, payable directly to the Candidate.
· 5.2.4 Services may be suspended or cancelled immediately if (as determined by Rockmybaby®) the Nanny Candidate is:
o Mistreated
o Placed in an unsafe, unhygienic, or non-compliant work environment
o Subjected to conditions that breach Rockmybaby®'s duty of care.
· 5.2.5 Any extension, re-engagement, or rehire of a Nanny must be reported to Rockmybaby®. Unreported extensions or repeat bookings will result in full placement fees being charged, and potential termination of service access.
5.3 Guarantee & Replacement Policy for Nannies
· 5.3.1 Rockmybaby® offers a 4-week guarantee for permanent nanny placements, valid only when invoices have been paid in full and on time.
5.3.2 If the Nanny leaves or is let go during the guarantee period, and the reasons are not conduct-related, Rockmybaby® will:
o Offer one free replacement search, and
o Provide up to three new Nanny candidate profiles
5.3.3 The guarantee is void if the Nanny leaves due to (as determined by Rockmybaby®):
o Unsafe or unreasonable conditions
o Breach of job description
o Sudden relocation or significant change of role
o Lack of proper onboarding, or mistreatment
5.3.4 No refunds or replacements will be issued if:
o The role is reduced, withdrawn, or materially changed after commencement
o The Client changes their mind post-offer acceptance
o The placement ends after the guarantee period expires
· 5.4 Refund Processing Time:
Approved refunds will be processed within 10 business days. All refunds exclude non-refundable admin, booking, or processing fees already incurred.
6.0 Nanny Refunds & Guarantee
· 6.1 Guarantee applies only to invoices paid within the due date.
· 6.2 No refund on agency fees. One replacement nanny is offered if the original nanny leaves within 4 weeks. Up to 3 nanny profiles will be provided.
· 6.3 Guarantee void if the Nanny leaves due to Client conduct or conditions.
· 6.4 A placement is deemed successful after 4 weeks.
· 6.5 No refund will be given if a Nannies temporary placement is reduced after the start date.
7.0 Liability
7.1 By engaging Rockmybaby® services, the Client acknowledges that in respect of Nannies, the Agency acts solely as an introducer and facilitator and is not the employer of any Nanny.
7.2 Rockmybaby® is not liable for any accident, injury, loss, damage, misconduct, or dispute arising from the engagement of any Nanny introduced via the Agency.
7.3 The Client acknowledges and accepts the inherent limitations and assumes responsibility for their final hiring decision in respect of any Nanny that they engage through the Rockmybaby® platform.
7.4 When they are engaging a Nanny, Clients are required to ensure they hold appropriate insurance coverage, including (but not limited to) Public Liability and Workers’ Compensation or Domestic Workers cover, where applicable.
7.5 Rockmybaby® is not responsible for the accuracy or reliability of any third-party websites or content linked from our website.
7.6 Clients located outside of Australia must ensure they comply with all local employment laws and requirements in their jurisdiction in respect of their engagement of Nannies.
8.0 Confidentiality & Data Security
8.1 All communication between the Agency and Client is considered confidential and must not be shared or reproduced without prior written consent.
8.2 Clients must provide truthful, accurate, and complete information when registering or making bookings with Rockmybaby®.
8.3 For safety purposes Nannies are permitted to notify a trusted person of the job location and expected return time.
8.4 Rockmybaby® uses PCI DSS-compliant third-party payment processors (such as Windcave) to manage secure online credit card transactions.
8.5 By registering or booking with Rockmybaby®, the Client consents to receive service updates, booking confirmations, follow-up communication, and occasional feedback requests via phone, email, or SMS. You may opt out of marketing communications at any time.
9.0 Privacy
9.1 Rockmybaby® complies with the Australian Privacy Act 1988 (Cth) and all other applicable data protection laws. Please refer to our Privacy Policy for details on how we collect, store, and use your personal information.
9.2 Client Communication Consent: By registering or booking with Rockmybaby®, the Client consents to being contacted via phone, email, or SMS in relation to service updates, booking reminders, account issues, or feedback collection.
10.0 Warranties & Indemnities
10.1 The Client agrees not to present themselves as an agent or representative of Rockmybaby® Sydney under any circumstance.
10.2 No guarantee is provided as to the suitability, honesty, reliability, or performance of any Nanny.
10.3 The Client is solely responsible for employment law compliance, including payroll, superannuation, tax, leave entitlements, and workplace safety in respect of Nannies they engage through Rockmybaby® Sydney.
10.2 The Client agrees to indemnify Rockmybaby®, its staff, directors, agents, and franchisees against any loss, claim, liability, or legal action resulting from:
The use of Rockmybaby® Sydney services or the engagement of a Nanny;
· Any breach of these Terms by the Client;
· Unlawful or unethical conduct during or following a placement;
· Misuse of Rockmybaby® branding, content, or technology;
· Misrepresentation of affiliation with Rockmybaby®;
· Any action by the Client that causes reputational damage to Rockmybaby® or its affiliates.
10.3 While we strive for uninterrupted access, website availability is not guaranteed and may be affected by maintenance, outages, or third-party hosting errors.
11.0 Intellectual Property
11.1 All content, branding, and material on the Rockmybaby® website — including text, graphics, logos, and documentation — are copyrighted and remain the exclusive property of Rockmybaby® IP Ltd and its franchisees.
11.2 No part of the website may be copied, reproduced, or distributed without express written permission from Rockmybaby® Group.
11.3 Clients must not use, reproduce, or misrepresent Rockmybaby® branding, materials, logos, or candidate information for personal or commercial use. Impersonation of the agency, including the posting of false listings or communications, is strictly prohibited and may result in legal action.
12.0 Governing Law & Jurisdiction
12.1 These Terms & Conditions are governed by the laws of Australia, and any disputes will be subject to the jurisdiction of New South Wales.
12.2 Rockmybaby® reserves the right to amend these Terms & Conditions at any time. The most current version will always be available on our website.
12.3 The Rockmybaby® brand and intellectual property are owned and operated by Rockmybaby Group, PO BOX 8720, Havelock North, New Zealand 4157, and licensed to authorised Australian franchisees.
13.0 Force Majeure
13.1 Rockmybaby® shall not be held liable for delays, disruptions, or failures in service resulting from circumstances beyond its reasonable control. This includes, but is not limited to: natural disasters, public health emergencies, government restrictions, internet or power outages, strikes, or service provider failures. In such cases, Rockmybaby® will make reasonable efforts to communicate delays and provide alternatives, where possible..