These Terms govern your access to, usage of all content, Product and Services available at https://helpingbycristina.com website (the “Service”) operated by Helping Hands by Cristina (“us”, “we”, or “our”).
Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
Intellectual Property
The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Helping Hands by Cristina and its licensors.
Third Party Services
In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).
If you use any Third Party Services, you understand that:
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
- You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.
Accounts
Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.
Termination
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your Helping Hands by Cristina account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer
Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Helping Hands by Cristina and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Helping Hands by Cristina, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of United States of America.
The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in United States of America.
Changes
Helping Hands by Cristina reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new terms.
HELPING HANDS BY CRISTINA
PLACEMENT SERVICES AGREEMENT
THIS PLACEMENT SERVICES AGREEMENT is entered into on this (AUTO-POPULATE DATE)
by and between Helping Hands by Cristina, a business organized and existing under the laws of
the State of New York with a primary place of business located at 231 Eastern Avenue, Ossining,
New York (“Agency”), and Client (AUTO-POPULATE NAME), an individual or business with an
address of (AUTO-POPULATE ADDRESS) hereby contracting with Agency to provide candidates
for Client’s evaluation for job opportunities in the area of child care and/or skilled domestic services
in the New York metropolitan area. Agency’s sole purpose is to bring qualified individuals based on
Client’s expressed needs for Client’s further evaluation and potential employment (the “Services”).
Any Employment of an Agency candidate triggers Agency’s right to payment from Client, as detailed
below.
Services and Information Handling. Agency will provide Services to Client, identifying and
evaluating the qualifications of various candidates through its marketing and evaluation processes,
and matching candidates to the stated needs of Client, for the exclusive purpose of facilitating
Client’s evaluation and qualification of candidates for its job opportunity. To that end, Client
authorizes Agency to provide address and contact information of candidate to client, and represents
that it has been authorized by Candidate to do so.
No Employment Status. Candidates are not Agency employees or independent contractors, are
not affiliated with Agency in any business or employment capacity, other than seeking work through
Agency’s services. Client will evaluate and interview candidates independently, determine whether
and how to hire, employ and compensate candidates. To that end, Client will be solely responsible
for all taxes, withholding, benefits and compensation of candidates, if and when hired by Client.
In performance of the Services, Agency acts only as a 1099 independent contractor, not an
employee, partner, affiliate or agent of Client. Client has not assumed, nor shall it be responsible
for performing Agency’s regulatory, tax or contractual obligations, and with Agency’s consent and
agreement, assumes no responsibility for Agency’s business operations. Client shall be exclusively
responsible for the employment relationship between a Candidate and Client. To that end, Client.
Agency shall be entitled to no Client employee benefits or insurance coverages, if any.
Fee Payable/Credits Issued. In the event that Client directly or indirectly solicits and
subsequently hires a Candidate within 9 months of that Candidate being introduced by Agency,
Client agrees to be bound and to pay Agency a fee in the amount of (i) 1.5 times the weekly pay
rate of each Candidate hired (the “Fee”), however, no fee will be paid if the solicitation occurs
following 9 months of Agency’s initial introduction of Candidate to Client. The Fee is due and
payable immediately upon hiring a candidate, and is non-refundable. Notwithstanding, if Candidate
does not remain employed by Client 61 days following date of hire, the Fee shall be credited to
Client for review and hire of additional Candidates for the same or similar employment.
Mutual Waiver of Claims. As good and valuable consideration recognized above, except for claims
arising out of Client or Agency’s gross negligence, intentional misconduct or nonpayment of the
Fee, Client and Agency release and waive all claims against each other. In no event will Agency or
Client be liable to each other, or to any third party for indirect, special, exemplary, incidental or
consequential loss or damage including, but not limited to tort, strict liability or in connection with
the Services. This limitation of liability applies whether or not Agency, Client, or their authorized
representatives, have been informed of the possibility of such damages.
Waiver. No failure or delay by Client or Agency in exercising any right or remedy provided by law
pursuant to this Agreement shall impair such right or remedy or operate as a waiver or variation of
such right or remedy, nor shall it preclude Client’s or Agency’s exercise at any subsequent time and
to that end, no partial exercise of any such rights or remedies shall preclude any other or further
exercise thereof;
Choice of Law, Forum. This Agreement shall be governed by and construed in accordance with
the laws of the State of New York, without giving effect to its conflicts of law principles. With
respect to any suit, action or proceeding arising out of or relating to this Agreement, Client hereby
submits to the jurisdiction of the courts of the State of New York, and waives objection to venue
including forum non conveniens;
Binding Nature and Assignment. This Agreement shall be binding upon and inure solely to the
benefit of Agency and Client, and their respective successors, Agents and Allowed Assigns;
Notices. Any notice provided pursuant to this Agreement, if specified to be in writing, shall be in
writing and shall be deemed given (a) if by hand delivery, upon receipt thereof, (b) if mailed, five (5)
days after deposit in the United States mails, postage prepaid, certified mail return receipt requested,
or (c) if by next day delivery service, upon such delivery. All notices shall be addressed to the Parties
at the addresses provided in the forms attached hereto on this site.