Terms of service | Harmony Backup Care: Nannies + Sitters

Terms & Conditions

 

By submitting a request for information from the company concerning its employees or contractors, and/or using any of the services provided by Harmony Backup Care, ("Company"), you, along with any other parent, guardian, or adult in the same household (collectively, including you, referred to herein as “Your Household”), agree to be bound by these Terms and Conditions ("Terms").  These Terms govern Your Household’s use of this site and the services provided by the Company, including but not limited to any further agreements, contracts, or arrangements entered into between Your Household and the Company. If Your Household disagrees with any part of these Terms, Your Household must notify the Company in writing of Your Household’s desire to not be bound before further accessing the site and/or receiving any additional information and/or services provided by the Company (which includes, but is not limited to receiving any information, profiles, names, or contact information of any employees or contractors of the Company).

 

1. Non-Solicit Agreement:

With respect to the employees or contractors that the Company identifies and/or introduces to you, Your Household will not to solicit or hire directly any employees or contractors of the Company to perform any of the services provided by the Company. 

 

2. Injunctive Relief:

In the event of a breach or threatened breach of these Terms, Your Household acknowledges that harm to the Company is irreparable and damages are difficult to quantify and will not be an adequate remedy. Therefore, the Company shall be entitled to all forms of immediate relief including injunctive relief, specific performance, and/or other equitable remedies, in addition to any other remedies available in law or equity.  This includes, but is not limited to, enjoining Your Houshold’s continued retention and/or employment of any employee or contractor of the Company. Your Household agrees that no bond will be required for any injunctive relief granted by a court or arbitrator.

 

3. Attorneys' Fees:

In the event of any dispute, claim, or legal action arising out of or related to these Terms, including the enforcement or interpretation thereof, the prevailing party shall be entitled to recover its reasonable attorneys' fees, court costs, and other expenses incurred in connection with such dispute, claim, or legal action.

 

4. Damages:

In the event of any breach of these Terms by Your Household, Your Household agrees that, in addition to the injunctive relief above, the Company shall be entitled to recover damages, which shall be calculated as follows:

 

  • The greater of:

 

    • Actual damages suffered by the Company as a result of the breach; or

    • Damages in the amount of the fees, salaries, and/or other compensation paid by Your Household to the person who the Company identified and/or introduced to any member of Your Household.

 

Your Household acknowledges and agrees that these damages are a reasonable and that they are not intended to be punitive in nature.

 

5. Arbitration:

Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The arbitration shall be conducted by a single arbitrator, unless otherwise agreed upon by the parties. The place of arbitration shall be Dallas County, Texas, and the language of the arbitration shall be English. Each party shall bear its own costs and expenses associated with the arbitration, including but not limited to attorneys' fees and the fees and expenses of the arbitrator(s). However, the prevailing party in any arbitration shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. By entering into this agreement with the Company, Your Household acknowledges and agrees to waive any right to pursue claims on a class or representative basis and to waive any right to a jury trial with respect to any claims or disputes arising out of or relating to these Terms.

 

6. Severability:

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby, and the unenforceable provision shall be deemed modified to the extent necessary to render it enforceable.

 

7. Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

 

8. Entire Agreement:

These Terms constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between Your Household and the Company.

By entering into an agreement with Harmony Baby Concierge, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

 

9. Subsequent Amendments:

Your Household acknowledges and agrees that the Company reserves the right to amend, modify, or update these Terms at any time, and such amendments, modifications, or updates shall be effective immediately upon posting on the Company's website or providing notice to Your Household. Your Household’s continued use of the Company's services after such amendments, modifications, or updates constitutes Your Household’s acceptance of the revised Terms.

 

10. Waiver:

The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision herein, nor shall any such failure to enforce be deemed a waiver of the right to enforce such provision or any other provision in the future.

11. Payment:

You agree to pay for services requested, reserved and/or rendered based on the terms of the membership or agreement you sign when onboarding with the platform.