Last Updated May 24, 2021
By using Project’s Date Night website, you agree to the following terms of service:
1. Use of personal data
We will never sell or disclose your personal information to any 3rd party marketers.
a) Project Date Night is an online-based referral company that provides our customers with available on-call babysitters within our network.
b) All babysitters and nannies associated with Project Date Night are independent contractors and not hired employees.
c) All services offered by Project Date Night, including referrals for last-minute childcare coverage, emergency childcare requests, date nights, etc. are available ONLY to families that have an active membership with Project Date Night; You ( PARENTS) are responsible for determining and agreeing with each babysitter regarding the exact nature of the services that will be provided as well as the manner in which such services will be carried out. You are solely responsible for payment to each babysitter you booked by the rates described in our RATES AND SERVICES. Payment to each babysitter shall be sent after rendered service via Venmo application to ensure the correct amount for services rendered. It is your responsibility to communicate with a sitter with a reasonable amount of notice and agree upon changes in timing, and expectations as to the duties of the said babysitters.
d) You are responsible for complying with all laws (including without limitation local, state, and federal tax laws) that are applicable.
e) By using this service, you agree to indemnify and hold us, our owners, and contractors from and against any claims against us arising out of or relating to your failure to comply with such laws. In consideration of our services, we may charge your card on file all applicable fees as described in RATES AND SERVICES, including any unpaid wages to our babysitters. By using this service, you acknowledge that you understand and agree to these charges, which may change from time to time.
f) Our main income and budget that allows us to run this business, comes from the memberships paid by families and a 10% fee from each job paid by our team members.
During the term of this Agreement, and for one (1) year following its termination or expiration, you agree not to:
– Solicitor induce any employee or independent contractor to terminate or breach an employment,
contractual or other relationship with us;
– Solicit any babysitter of whom you become aware through a referral by us to employ or contract with that babysitter for child-care services other than through our services.
You agree that your breach of this section will cause substantial damages to Project Date Night LLC, and the damage would be too difficult to quantify with any degree of certainty.
In the event of such a breach by you, you will pay $5,000 in liquidated damages to Project Date Night LLC as a reasonable estimate of such damages, and not as a penalty or punishment.
We perform a thorough reference check on all of our babysitters. We also require a CPR and first aid certification – adult and pediatric – from each of our babysitter’s (= contractors). We also conduct in-person interviews with any potential candidates for PDN contractors (=babysitters). Despite these and other reasonable efforts to work with only highly qualified candidates, we make no warranties or representations as to the quality of services to be provided by a particular babysitter.
On-demand background checks – performed by a third party – can be requested. While we believe these services to be reliable and reputable, we do not warrant the accuracy of provided checks and are not responsible for any inaccurate results.
5. Limitation of Liability.
In no event will we be liable to you for any punitive, special, incidental, or consequential damages in connection with this Agreement or the acts or omissions of any Babysitter. In no event will our liability to you for any claims by you under this Agreement exceed the greater of Booking Fees paid by you to us in the twelve (12) months preceding the claim or $1,000.
We are not responsible or liable in any manner whatsoever for the acts or omissions of any babysitter while providing services to you or the loss or damage arising therefrom. To the extent permissible under applicable law, we make no warranties in connection with our services or the services provided by any babysitter (independent contractor), and hereby disclaim all warranties of any kind, whether express, implied, or statutory. You will indemnify and hold us, our owners, and contractors from and against any claims by you or any third party arising out of or relating to the acts or omissions of any babysitter.
7. Amendments; Termination.
We may amend this Agreement at any time upon notice posted on our website, and your continued use of this website constitutes your acceptance thereof. Otherwise, the Agreement may not be amended without the written agreement between you and us. Either you or we may terminate this Agreement immediately upon notice to the other.
This Agreement will be governed by the laws of the State of New York. It constitutes the entire agreement between you and us and supersedes any other prior or contemporaneous written or verbal representations by any party. If any portion of this Agreement is or is deemed to be invalid or unenforceable, the rest of this Agreement will remain in full force and effect.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.