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TERMS AND CONDITIONS FOR CHILD CARE SERVICES

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These Terms and Conditions (“Terms”) constitute a legally binding agreement between MomSub (“the Company,” “we,” “us,” “our”) and each parent, customer, or user (“you,” “your,” “Parent,” or “Customer”) who accesses, uses, or purchases any child care services through the Company’s website, mobile application, Square payment system, or any other platform operated by the Company (collectively, the “Services”).

By submitting payment, booking services, or otherwise using the Services, you agree to be bound by these Terms.

 

1. ALL PAYMENTS MUST GO THROUGH THE COMPANY

You agree that all transactions involving any nanny, sitter, or child care provider who is in the Company’s system must be submitted and processed exclusively through the Company.

This includes any provider who has submitted their name, information, or availability through the Company’s website, mobile app, or any other Company-controlled platform.

Providers in the Company’s system include, but are not limited to, those whom you:

  • read about
     

  • learn about
     

  • view in video or written form
     

  • meet in person
     

  • meet virtually
     

  • communicate with through any channel
     

  • become aware of through the Company
     

You agree not to pay any provider directly under any circumstances.

Covered transactions include, but are not limited to:

  • child care hourly fees
     

  • trials
     

  • tips
     

  • reimbursements
     

  • cancellation fees
     

  • any other service-related payment
     

Any violation of this section constitutes a material breach of these Terms.

 

2. WEEKLY SCHEDULING AND PAYMENT REQUIREMENTS

A. Weekly Schedule Submission

You agree to submit a complete schedule for the upcoming week no later than 11:59 PM Central Time each Friday.

B. Weekly Payment Deadline

You agree to pay in full for the upcoming week of child care no later than 7:00 PM Central Time each Sunday.

C. Midweek Schedule Changes

You agree to notify both the Company and your assigned provider of any schedule changes during the week.

D. Additional Hours

If additional hours are added after the weekly schedule is submitted:

  • The Company may issue an additional invoice.
     

  • You agree to pay any additional invoice immediately upon receipt.
     

 

3. NO REFUND POLICY

All payments are non-refundable, including:

  • registration fees
     

  • weekly child care fees
     

  • hourly payments
     

  • deposits
     

  • cancellation fees
     

  • other associated charges
     

A. Registration Fee Guarantee

In exchange for the non-refundable registration fee, the Company agrees to:

  • continue the search indefinitely
     

  • until an available provider meets your location, schedule, and approval
     

B. Credit for Unused Child Care Hours

If prepaid child care hours cannot be delivered for reasons outside your control, the Company will apply a credit, usable at any time.

Credits:

  • are calculated based on the hourly rate paid
     

  • do not expire
     

  • may be applied to future care at equal or higher hourly rates (with hour conversion as applicable)
     

Example:
3 hours paid at $20/hr = $60 credit
May be used as 3 hours at $20/hr, or 2 hours at $30/hr, etc.

C. No Credit Allowed When Customer Causes the Issue

No credit will be issued when the failure of service is caused by the Customer, including but not limited to:

  • incorrect address
     

  • inaccessible home
     

  • provider being asked to leave by an adult present
     

  • unsafe conditions preventing care
     

  • any situation where the provider arrives but cannot provide care for reasons outside the provider's or Company’s control
     

 

4. PROVIDERS ARE INDEPENDENT CONTRACTORS

All nannies, sitters, and child care providers using the platform are independent contractors (“gig workers”).
They are not employees, agents, or representatives of the Company.

You acknowledge that:

  • Providers control their own work methods and schedules
     

  • The Company is not responsible for provider actions
     

  • The Company does not supervise providers in-person
     

 

5. RELEASE OF LIABILITY

To the fullest extent permitted by law, you fully and unequivocally release, discharge, and hold harmless:

  • the Company
     

  • its owners, investors, employees, contractors, successors, assigns, vendors, partners, and affiliates
     

from any and all claims, liabilities, damages, injuries, losses, or causes of action of any kind arising out of or connected to:

  • your use of the Services
     

  • the actions or inactions of any provider
     

  • any interactions between you and providers
     

  • any issue related to child care services
     

 

6. LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Company's total liability to you for any claim is limited to the total amount paid by you to the Company in the 30 days preceding the event giving rise to the claim.

 

7. MODIFICATIONS

The Company may update these Terms at any time. Updated Terms are effective immediately upon posting. Continued use of the Services constitutes acceptance of the updated Terms.

 

8. GOVERNING LAW

These Terms are governed by the laws of the state in which the Company is registered, without regard to conflict-of-law principles.

 

ACCEPTANCE

By checking the box, submitting contact info, communicating with the Company, submitting payment, or continuing to use the Services, you affirm that you have read, understand, and agree to these Terms and Conditions.

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