Terms & Conditions

These Terms of Use apply to www.bellfamilycompany.com, www.nynanny.com, www.hellositter.com and www.luckylildarlings.com or any related domains and services sought, rendered, resulting or provided by American Bell Family Company, LLC, a Delaware Limited Liability Company, (hereafter “Company”, or “Bell Family”). We reserve the right to modify or change these Terms of Use or our website at any time without prior notice. If changes are made, we will make an effort to inform you (“You” or “Client” or “Family Care Provider”) of any changes, and all changes will be updated on the website.

Content

All content (logos, text, audio, video, etc.) is copyrighted by Bell Family and may not be used without the express, written consent of Bell Family, except as allowed by fair use principles under United States copyright laws. Bell Family does not claim copyright protection for content that is part of the public domain, content licensed to Bell Family, or any other content not created by Bell Family or content otherwise not protectable by copyright.

Bell Family’s sites may link to or be linked from other websites that are not maintained by, or related to, Bell Family. Bell Family does not endorse, and is not responsible for, the content of those third-party websites.

Communicating with Us

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

By using email or other forms of electronic messaging you agree to continue communications via electronic means. Further, you assume the risk that electronic messaging may not be secure and can be misdirected. You may request communication be completed over the telephone or by postal mail.

Regular Business Hours: (office, phone and email access): Monday through Friday 10:00am to 6:00pm EST, excluding holidays. For a list of holidays contact the Company.

On-Call Hours: The Company offers on-call services to Member Clients for last minute bookings. A last minute booking is defined as a request with less than 48 hours notice. On-call hours include: Monday through Friday 7:00am to 10:00am EST and 6:00pm to 9:00pm EST and on the weekends Saturday and Sunday 12:00pm to 6:00pm EST. During holidays the Company will operate on a weekend on-call schedule. The on-call services is available by email ONLY. For families that have requests or questions that are not considered last minute the Company will answer your correspondence during regular business hours.

Use of Our Services - For Families

By continuing to use Bell Family and its websites you agree that you have read these Terms of Use and agree to these Terms of Use. You also agree that your continued use of the website after any modifications to these Terms of Use is consent to the modified terms. If you do not agree to these Terms of Use, then do not use this website and provide a written email to us to discontinue use.

Bell Family is in the business of providing referrals of pre-screened Family Care Providers to member Families and corporations (“Clients”), primarily to members of our network.

The use of the Bell Family websites is generally to book prospective Family Care Providers that Bell Family and recommends to member Families (hereafter, “Client”). The final choice of the Family Care Provider and all details of the job request; start time, end time, location, etc. lies solely with Client; Bell Family is solely a referral and booking service.

Through use of our platform and related services, Client understands and hereby agrees:

That Company does not employ, engage or compensate the Family Care Providers. Company is a pre-screening and referral service only.

It is Client's responsibility to evaluate, engage, and compensate the Family Care Provider for services rendered, reimbursement of expenses, and any other fees or payments negotiated between Client and the Family Care Provider. The dates and hours in which services will be rendered are entirely within the control of the Client.

The Family Care Provider will not be considered an employee of Company for any purpose. Neither Family Care Provider nor Company have the authority to act as agent for, incur liability on behalf of, nor make any agreement on behalf of the other party.

Client agrees to indemnify and hold harmless Company from and against any and all liability, claims, losses, demands, injuries, expenses and causes of action (including reasonable attorneys’ and paralegal fees) resulting from or arising in connection with the negligent or willful act or omission of Client or Family Care Provider in the performance of their obligations under this Contract including but not limited to all claims which may be made or asserted by any third party who may be a recipient of the services provided hereunder but is not a party to this Contract.

If within one year from the date of applying to Bell Family the Client hires any Family Care Provider introduced to the Client by Bell Family the Client shall be obligated to pay Bell Family the applicable placement fees associated with the hire.

Client must provide Bell Family with accurate information about your Family and its preferences including information in your Family profile. You are responsible for maintaining your account and password, as well as preventing the unauthorized use of your account. Bell Family suggests not writing down your account information and not using a common password to further protect your account from unauthorized use.

Bell Family takes the security of your personal information very seriously and we understand the importance of taking extra precautions to protect the privacy and safety of children of our member Families. When your personal data is stored by Bell Family, we use computer systems with security measures to protect it. Your personal data is also stored in an encrypted form if Bell Family uses a third-party storage system. It may be necessary, by law, legal process, litigation and/or requests from public and governmental authorities, for Bell Family to disclose the information in your Family profile.

You agree that the governing law for any disputes is the laws of the State of New York in the United States. You further agree that any disputes must be submitted to the jurisdiction of the Supreme Court of the State of New York, County of New York, or the United States District Court for the Southern District of New York depending upon the nature of the dispute and the respective jurisdiction of those Courts. These Terms of Use represent the entire and complete Terms of Use for Bell Family, other terms apply to the use of Bell Family services.

Should any portion or provision of the Terms of Use be found to be invalid, illegal, or unenforceable by a court with proper jurisdiction, then that provision is stricken from the Terms of Use and all other provisions remain valid and enforceable, and these Terms of Use remain in effect.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use our website. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to using our website.

Use of Our Services - For Family Care Providers

Family Care Provider agrees they do not provide services to Bell Family (“Company”). Family Care Provider only provides services to Clients, and only receives payment for services from Clients. Family Care Provider will not be paid for services rendered, reimbursement of expenses, or any other fees or payments by Company. Family Care Provider alone is responsible for collecting funds from Clients. The services provided by and the hours devoted by the Family Care Provider to work on any given day will be entirely within the control of Family Care Provider.

Family Care Provider will not be considered an employee of Company for any purpose. Neither Family Care Provider nor Company have the authority to act as agent for, incur liability on behalf of, or make any agreement on behalf of the other party. Family Care Provider hereby expressly retains the right to control the method and manner of performing its duties, and retains the sole risk of loss for its services. Family Care Provider will personally provide all services under this Contract, and may not assign, delegate or otherwise transfer the performance of their personal services to any other Family Care Provider. Accordingly, Company does not provide benefits, workers compensation, unemployment or any other benefit of employment including providing tax forms.

Family Care Providers will be required to pass one or more background check at their own expense. The information collected by the background check company (currently Checkr) is governed by their privacy practices and we encourage you to learn about their privacy practices. The Family Care Provider agrees that a copy of their background check will be available via download to any family that is sent their public profile. This expense will not be reimbursed by Company. Family Care Provider is not guaranteed placement by the Company. If placed, and in the course of performing services for clients or receiving information from Company, the Parties understand that Family Care Provider may acquire information which is confidential and/or proprietary trade secrets of the Company. Family Care Provider agrees to keep all such information confidential, to not provide such information to anyone other than the Company. Family Care Provider further understands that Bell Family Client lists are considered a trade secret and that the use of or divulging of trade secrets is a violation of New York law. Family Care Provider may not work for a Client of the Company except as arranged through the Company.

Family Care Provider agrees to indemnify and hold harmless Company from and against any and all liability, claims, losses, demands, injuries, expenses and causes of action (including reasonable attorneys’ and paralegal fees) resulting from or arising in connection with the negligent or willful act or omission of Family Care Provider in the performance of their obligations under this Agreement including but not limited to all claims which may be made or asserted by any third party who may be a recipient of the services provided hereunder but is not a party to this Agreement.

Liability

You agree to hold Bell Family harmless, for any damages caused by Family Care Provider working as an employee, domestic provider or other role for the Client. Client hereby acknowledges that Bell Family is solely a referral and booking service serving only as placement agent among Family Care Provider and Client.

You hereby agree that Bell Family is not responsible for any type of property damage or bodily injury or death. This includes to your vehicle or a third party's vehicle, or any other property to either occupants of your vehicle or another vehicle resulting from Family Care Providers using your vehicle or other assets. It is against Bell Family policy for Family Care Providers to use their own vehicle while working to drive children or other people associated with the Client or job of any kind. If you, the Client, choose to allow a Family Care Provider to drive you’re their vehicle or your vehicle, or drive any vehicle while working for you, Bell Family cannot be held liable for any results of your choice to do so.

Bell Family disclaims all liability with respect to its obligations under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages suffered or sustained whether arising under contract tort or any other theory, and expressly disclaims any warranties, including warranties of merchantability or fitness for a particular purpose. In any event, Bell Family’s liability to Client for any and all claims, losses, expenses or damages, including attorneys' fees and costs, any reason and upon any cause of action shall be limited to the net amount actually paid to Bell Family by the family during the twelve (12) months immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.

The Client hereby releases and forever discharges Bell Family from any and all claims, demands, debts, damages, and causes of action of any and every nature whatsoever, whether known or unknown, arising out of or related to the Services. The Parties agree and fully intend that the foregoing release is valid, effective, binding, and enforceable in accordance with its terms, notwithstanding the possibility that the Client may hereafter discover facts that, if such facts had been known by him or her as of the time of execution of these terms, might have materially affected his or her decision to enter into this agreement. Accordingly, the Client hereby intentionally and voluntarily waives the benefits of any state or federal statute, law, or rule that would provide to the contrary. Furthermore, the Client agrees to indemnify, defend and hold Bell Family, its officers, directors, employees, contractors and agents harmless from any and all liabilities, claims, actions and causes of action whatsoever arising out of or in any way connected with either the Services or subsequent action or performance of the Family Care Provider. Additionally, in the event Bell Family is named as a defendant in a lawsuit involving the Family Care Provider, the Client, or any other person, arising out of the Family Care Provider's negligence, malfeasance, nonfeasance or willful misconduct, the Client agrees to indemnify Bell Family and pay all of Bell Family's costs and attorneys' fees.

Automatic Renewal for Membership/Application Fees

For Clients that choose to utilize Bell Family's Services, we will automatically renew your membership/application fee on the expiration date for the same duration of time initially selected by the Client at the current price that is in effect on the date of renewal, using the credit card, debit card, or other payment information on file with the Company or its payment gateway providers. If the Client chooses to not renew their membership, the Client can log into their Bell Family profile to cancel or the Client can email the Company any date prior to the expiration date and the Company can cancel the membership.

Payment

As a Client, you affirmatively consent to automatic charges to the credit card or any other payment method that you have provided to Bell Family to hold on file for payment of your account. The Company utilizes third party websites to process payments. The Client agrees to read each third party’s terms prior to usage. Any charges that are not paid by you within three (3) business days following a service date will be charged in full to your payment method on file. Bell Family reserves the right to charge the family (either membership rates or non member rates) depending on status of the Client’s membership.

On-demand bookings of 23 hours in duration or less shall be paid by the Client for working hours. The Client agrees to pay for a minimum of four (4) hours of work if in the event the Client comes home early and did not communicate that to the sitter prior to the appointment’s commencement.

Some placement services such as Nanny Services are fully detailed in individual placement agreements. All placement agreements are emailed directly to the Family using a third party website Docusign.com Upon receipt the Family will be asked to submit the following required information: name, address, payment information, date and signature prior to commencement of a nanny placement search. It is illegal to forge a signature or provide any misinformation on the agreement.

Bell Family Nanny Placement fees are based on the first year that the Family Care Provider is employed by the Client. If the Client hires a Family Care Provider initially for less than one year, and the Family Care Provider continues her employment the Client shall be charged up to 1 year in placement fees.

If the Client does NOT want to extend beyond the original confirmed end date, the Client must provide the Agency in writing within seven (7) days to confirm they are ending the Family Care Provider’s employment prior to 1 year. Then, the Agency will communicate to the Family Care Provider that the Client does not want to continue the Family Care Provider’s employment and the Client will not be invoiced.

If the Agency does not hear from the Client within 7 days, the Agency’s finance department will assume the Client is continuing through the 1 year mark and the Agency will invoice and charge the Client’s payment method on file.

A late fee will be added to past due accounts of any kind of thirty days (30) equal to 1.5% per month (18% annually) on the previous months balance, less payments received during the month.

An additional service charge will be added to past due accounts of any kind of thirty (30) days. For each month following that the payment is not made an additional $50 per month will be applied to the balance due.

In the event the Client defaults in its payment of any kind, the Client agrees to be liable for and pay all costs incurred by the Company in connection with its collection of such fees, including reasonable attorneys' fees.

The Company does not guarantee a Family Care Provider. The Company attempts to make every placement in a timely manner, but if a Family Care Provider is not available for the request or the Client is not able to pay the market wage expectations no placement will be made.
Given that a Family Care Provider placement by Company is not guaranteed, the Client is still obligated to pay the upfront application/membership fee to engage in the Company's services.

Termination

For Clients: The Company reserves the right to terminate your membership, account or refuse service of any kind at our discretion. The Company has a zero tolerance for misconduct, illegal activity, for Family Care Providers, Company Employees and/or Consultants witnessing or observing substance abuse or acts of moral turpitude of any kind. This includes correspondence via electronic messaging, phone or within the Client’s household.

For Family Care Providers: The Company does not guarantee that the Family Care Provider’s acceptance will result in his/her being hired by a prospective Client and the Company is not responsible for any employment decisions made by any Client (employer). The Company is not an employer; we are a referral service. The Company reserves the right to terminate a Family Care Provider at any time without reason. Our Company has a zero tolerance policy for no shows, unreliability, unacceptable behavior, misconduct, illegal activity, substance abuse or acts of moral turpitude of any kind. This includes correspondence via electronic messaging, phone, in person, within the Client’s household or within the Company’s office. Once a Client or Family Care Provider is terminated, their account will be blocked and they will no longer have access to the Company.

Change/Cancelation Fee Policy

There is a cancel fee of $10 for cancellations made at any point before the 24th hour of an appointments start time.
There is a cancel fee of $50 for changes or cancellations within 24 hours of an appointment start time.
Cancellation fee of $100 for cancellations within five (5) days of appointment start time for appointments of 72 hours in duration or more (the Family Care Provider is hired for 3 days or more).
On U.S. Bank Holidays (“holidays”), for appointments cancelled with less than 24 hours notice the Client will pay full value of the appointment. Families are asked to adhere to the hours of the appointment they are confirmed with the Family Care Provider. If the Client would like to adjust their appointment duration in advance, they must update on their calendar or contact the Company prior to when the appointment commences. If the appointment is shortened after the appointment commences of an hour or more, the Client shall adhere to the full hours and value due. Changes in duration of appointment and applicable fees are made solely at the discretion of Bell Family.
Due to potential overlaps in communication, in the case of last minute appointments (appointments requested with less than 24 hours’ notice from the start time), Company reserves the right to cancel said appointments within two (2) hour of the sending of the confirmation email WITHOUT absorbing the cancellation fee and therefore WITHOUT paying the cancellation fee to the Family Care Provider.

Miscellaneous

Membership Rules for Our Families

Membership Rules for our Childcare Providers

Contact Us

If you have any questions or comments about the Services, contact us at [email protected] or visit the Services page.