1. Introduction and Acceptance
These Terms of Service ("Terms") govern your access to and use of the website located at harborwellstaffing.com (the "Site") and the nanny and household staffing placement services (the "Services") offered by Harborwell Staffing, LLC ("Harborwell," "we," "us," or "our"), a company organized under the laws of the State of Maryland.
By accessing the Site, submitting an inquiry form, or engaging Harborwell's Services, you ("Client," "Candidate," "you") agree to be bound by these Terms. If you do not agree, please do not use the Site or Services.
2. Description of Services
Harborwell is a boutique placement agency that matches families ("Client Families") with independent candidates seeking nanny, household staff, or related caregiving positions ("Candidates") in the Washington, D.C., Maryland, and Virginia ("DMV") region.
Harborwell's role is limited to identifying, screening, and introducing Candidates to Client Families. Harborwell is a placement agency only and is not:
- The employer of any Candidate placed with a Client Family;
- A party to any employment relationship, employment agreement, or household employment arrangement between a Client Family and a Candidate;
- Responsible for withholding, remitting, or reporting any payroll taxes, wages, benefits, or workers' compensation obligations arising from a placement.
Client Families acknowledge that, upon hiring a Candidate, the Client Family becomes the Candidate's employer of record and is solely responsible for complying with all applicable federal, state, and local employment, wage-and-hour, tax, and labor laws, including "nanny tax" and household employer obligations.
3. Screening and Background Checks
Harborwell conducts background screening on Candidates using a third-party consumer reporting agency and supplements this with personal reference calls conducted by Harborwell's founder. Harborwell does not guarantee the accuracy or completeness of any background check, reference, or other information provided, nor the future conduct, performance, honesty, or fitness of any Candidate. Client Families are encouraged to conduct their own independent due diligence before extending an offer of employment.
4. Fees, Deposits, and Payment
Harborwell's fee structure, including placement fees, deposit amounts, and any applicable discounts or subscription pricing, is set out on the Site and/or in a separate signed service agreement (the "Placement Agreement"), which controls in the event of any conflict. Deposits paid to secure Harborwell's matching services are non-refundable once search and screening activity has commenced, except as otherwise stated in the Placement Agreement or required by law.
5. Client and Candidate Responsibilities
Client Families agree to provide accurate information about their household and needs, comply with all applicable employment and tax laws for any Candidate hired, and not circumvent Harborwell's placement process. Candidates agree to provide truthful information, cooperate with screening, and promptly notify Harborwell of material changes in their circumstances.
6. No Guarantee of Placement or Employment
Harborwell does not guarantee that any match, offer, or lasting working relationship will result from use of the Services.
7. Limitation of Liability
To the fullest extent permitted by law, Harborwell, its founder, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Services, any placement, or any acts or omissions of a Candidate or Client Family.
8. Indemnification
You agree to indemnify and hold harmless Harborwell and its founder, employees, and agents from claims, damages, losses, and expenses arising out of your use of the Services, violation of these Terms, or your relationship with a Candidate or Client Family introduced through Harborwell.
9. Confidentiality and Privacy
Harborwell's collection and use of personal information is described in our Privacy Policy, incorporated into these Terms by reference.
10. Intellectual Property
All content on the Site, including the Harborwell name and brand marks, is the property of Harborwell Staffing, LLC and may not be used without prior written permission.
11. Dispute Resolution and Governing Law
These Terms are governed by the laws of the State of Maryland, without regard to its conflict-of-laws principles.
12. Changes to These Terms
Harborwell may update these Terms from time to time. Continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms.
13. Contact Us
Questions about these Terms may be directed to Harborwell Staffing, LLC at hello@harborwellstaffing.com.
Effective Date: [To be finalized]