Rockmybaby Australia - Terms and Conditions: 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 engaging a Rockmybaby® Candidate for babysitting, temporary, or permanent nanny services in Australia, you acknowledge and accept the following Terms & Conditions.
These Terms apply across all Australian locations operated directly by Rockmybaby® and by Rockmybaby® franchisees. You may be dealing with either Rockmybaby® Australia or an independently owned and operated Rockmybaby® franchise in your region. The relevant provider will be clearly indicated on your booking confirmation or invoice.
Revised: September 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 Babysitter Request;
Submitting a Nanny or Maternity Nurse Request;
Engaging or corresponding with a Candidate introduced by Rockmybaby®;
Receiving services via any Rockmybaby® 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: babysitters, nannies, maternity nurses, household staff, or temporary carers.
1.6 The term “Nanny” 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, 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 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®, 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 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. 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 is safe, respectful, clean, and complies with all relevant health and safety laws and standards. Rockmybaby® Candidates 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.
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 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 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 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 Rockmybaby® acts solely as an introduction and booking agency. The Agency introduces Candidates only and is not responsible for payroll, insurance, or compliance The Client is responsible for all legal, tax, and employment obligations once a Candidate 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.
IMPORTANT: Rockmybaby® does not act as the employer of any childcare worker introduced through the platform. The legal and financial relationship exists between the Client and the Candidate only.
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 Candidate is required to drive
Rockmybaby® does not employ any babysitter, nanny, or childcare provider introduced through its platform. 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 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 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 Babysitter Booking Fees
5.1 All fees are charged in Australian Dollars (AUD) and include GST where applicable.
5.2 A non-refundable agency booking fee is payable at the time of booking confirmation. This fee covers the administrative costs of matching and confirming a vetted babysitter.
5.3 A minimum booking duration of 3 hours applies to all babysitting bookings (4 hours on New Year’s Eve).
5.4 Babysitter hourly rates are paid directly to the babysitter by the Client, based on the agreed rate for the region. These rates are available on the relevant Rockmybaby® Australia fee pages.
5.5 Separate agency booking fees apply to multiple or split bookings on the same day, or if additional sessions are added beyond the original confirmed time.
5.6 Once the babysitting session has been completed, both the Client and the Babysitter are required to confirm the actual hours worked via their dashboard.
5.7 Upon confirmation, the final agency service fee (based on hours worked) will be invoiced and charged to the Client’s nominated credit card. This is in addition to the upfront booking fee.
5.8 If a babysitter is requested to use their own vehicle during the booking, the Client agrees to reimburse for travel/fuel as applicable. Parking fees may also apply and can be included in the final invoicing, where pre-agreed between sitter and client. Where travel or parking costs are incurred, pre-approval between Client and Candidate is required
5.9 Babysitters will not be dispatched unless the initial booking fee is paid a minimum of 24 hours prior to the scheduled start time (or immediately for emergency bookings).
5.10 Current babysitting rates and fees are published here:
👉 https://www.rockmybaby.com.au/pages/fees
5.11 Rockmybaby® Australia reserves the right to update booking fees, hourly rates, and service charges at any time.
6.0 Cancellation, Admin Fees, Refunds & Guarantees
6.1 Babysitting & Temporary Services
6.1.1 A minimum 3-hour charge applies if the Client cancels a confirmed babysitter booking within 3 hours of the scheduled start time. This amount is payable directly to the babysitter.
6.1.2 Event care, group bookings, or wedding services cancelled within 7 days of the service will incur a 50% cancellation fee, based on the total agreed service value.
6.1.3 If a confirmed babysitter becomes unavailable or cancels and no suitable replacement can be found, the agency booking fee will be refunded or credited toward a future service.
6.1.4 In the event of a babysitter’s no-show, the same refund/credit policy applies.
6.1.5 If the Client cancels or turns away a babysitter upon arrival, a minimum 3-hour payment is still required, and the agency booking fee remains non-refundable.
6.1.6 Admin / Engagement Fees: A non-refundable administrative or engagement fee is required upfront for all temporary services, including:
Babysitting
Temporary nanny placements
Maternity nurse bookings
Event/wedding care
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.
6.1.7 Booking Fees (Event Care & Groups): For all event, group, or corporate bookings, the booking and admin fees must be paid in full upfront to secure services. These fees are non-refundable and confirm the Client’s commitment. Rockmybaby® reserves the right to replace or reassign event staff at its discretion to ensure adequate coverage, logistics, and quality of service.
6.1.8 Sydney-Specific Fees:
A $440 (inc. GST) upfront engagement/search fee is required for any nanny or maternity placement in Sydney.
Once candidate resumes are presented to the Client, a $660 (inc. GST) recruitment fee becomes payable, regardless of whether the Client proceeds.
Both fees are non-refundable, covering administrative, compliance, and sourcing costs.
6.1.9 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.
6.2 Nanny Services (Permanent & Temporary)
6.2.1 For permanent placements cancelled by the Client before the start date, 50% of the total agency fee will be retained.
6.2.2 If a nanny candidate withdraws before the agreed start date, Rockmybaby® will offer either:
A full refund of agency fees, or
A replacement (up to three new candidate profiles), based on the original job brief.
Refunds will be processed within 10 business days of confirmation. All approved refunds exclude any admin, search, or processing fees already incurred by Rockmybaby®.
6.2.3 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.6.2.4 Services may be suspended or cancelled immediately if the Candidate is:
Mistreated
Placed in an unsafe, unhygienic, or non-compliant work environment
Subjected to conditions that breach Rockmybaby®'s duty of care
6.2.5 Any extension, re-engagement, or rehire of a Candidate must be reported to Rockmybaby®. Unreported extensions or repeat bookings will result in full placement fees being charged, and potential termination of service access.
6.3 Guarantee & Replacement Policy
6.3.1 Rockmybaby® offers a 4-week guarantee for permanent nanny placements, valid only when invoices have been paid in full and on time.
6.3.2 If the Candidate leaves or is let go during the guarantee period, and the reasons are not conduct-related, Rockmybaby® will:
Offer one free replacement search, and
Provide up to three new candidate profiles
6.3.3 The guarantee is void if the Candidate leaves due to:
Unsafe or unreasonable conditions
Breach of job description
Sudden relocation or significant change of role
Lack of proper onboarding, or mistreatment
6.3.4 No refunds or replacements will be issued if:
The role is reduced, withdrawn, or materially changed after commencement
The Client changes their mind post-offer acceptance
The placement ends after the guarantee period expires
6.4 Refund Processing Time:
Approved refunds will be processed within 10 business days. All refunds exclude non-refundable admin, booking, or processing fees already incurred.
7.0 Babysitter Refunds & Guarantee
7.1 No guarantee of availability.
7.2 If the booked Babysitter Candidate is unavailable and a replacement cannot be found, the booking fee will be credited or refunded.
7.3 This applies to no-shows or cancellations by Candidates.
7.4 Contact us immediately if concerns arise regarding a Candidate.
8.0 Nanny Refunds & Guarantee
8.1 Guarantee applies only to invoices paid within the due date.
8.2 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.
8.3 Guarantee void if Candidate leaves due to Client conduct or conditions.
8.4 A placement is deemed successful after 4 weeks.
8.5 No refund will be given if a nanny's temporary placement is reduced after the start date.
10.0 Liability
10.1 By engaging Rockmybaby® services, the Client acknowledges that the Agency acts solely as an introducer and facilitator and is not the employer of any Candidate.
10.2 Rockmybaby® is not liable for any accident, injury, loss, damage, misconduct, or dispute arising from the engagement of any Candidate introduced via the Agency.
10.3 While Rockmybaby® undertakes reference checks, background screening, and vetting of all Candidates, no screening process is foolproof. The Client acknowledges and accepts the inherent limitations and assumes responsibility for their final hiring decision.
10.4 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.
10.5 Rockmybaby® is not responsible for the accuracy or reliability of any third-party websites or content linked from our website.
10.6 Clients located outside of Australia must ensure they comply with all local employment laws and requirements in their jurisdiction.
11.0 Confidentiality & Data Security
11.1 All communication between the Agency and Client is considered confidential and must not be shared or reproduced without prior written consent.
11.2 Clients must provide truthful, accurate, and complete information when registering or making bookings with Rockmybaby®.
11.3 For safety purposes, Babysitter Candidates are permitted to notify a trusted person of the job location and expected return time.
11.4 Rockmybaby® uses PCI DSS-compliant third-party payment processors (such as Windcave) to manage secure online credit card transactions.
11.5 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 tim
12.0 Privacy
12.1 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.
12.2 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.
13.0 Warranties & Indemnities
13.1 The Client agrees not to present themselves as an agent or representative of Rockmybaby® under any circumstance.
13.2 No guarantee is provided as to the suitability, honesty, reliability, or performance of any Candidate.
13.3 The Client is solely responsible for employment law compliance, including payroll, superannuation, tax, leave entitlements, and workplace safety.
13.4 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® services or the engagement of a Candidate;
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.
13.5 While we strive for uninterrupted access, website availability is not guaranteed and may be affected by maintenance, outages, or third-party hosting errors.
14.0 Dispute Resolution
14.1 In the event of a concern or dispute, Clients should contact Rockmybaby® Head Office at info@rockmybaby.com.au or phone 1800 118 262.
14.2 Clients agree to refrain from contacting Candidates directly regarding any dispute. All conflict resolution must be handled through the Agency. Contacting Candidates directly regarding disputes may result in termination of service access.
14.3 Wherever possible, Rockmybaby® will seek to resolve disputes through mediation before considering formal legal proceedings.
15.0 Intellectual Property
15.1 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.
15.2 No part of the website may be copied, reproduced, or distributed without express written permission from Rockmybaby® Group.
15.3 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.
16.0 Governing Law & Jurisdiction
16.1 These Terms & Conditions are governed by the laws of Australia, and any disputes will be subject to the jurisdiction of the relevant State or Territory where services were delivered.
16.2 Rockmybaby® reserves the right to amend these Terms & Conditions at any time. The most current version will always be available on our website.
16.3 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.
17.0 Force Majeure
17.1 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.