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Candidate Terms

These Candidate Terms and Conditions (“Terms”) govern the use of the Hello Nanny candidate portal, profile marketplace, and related services provided by Hello Nanny! LLC (“Hello Nanny,” “the Agency,” “we,” “us”), a Texas limited liability company, by any individual (“Candidate,” “you”) who creates a portal account, submits a profile, or participates in the Agency’s referral, vetting, or placement services. By creating an account, checking the acceptance box, or using any Agency service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Section 1: Portal Account and Profile Integrity

1.1 Account Accuracy

You agree to provide true, accurate, current, and complete information in your portal account and candidate profile, including your identity, work history, certifications, credentials, references, and work authorization status, and to keep that information updated. You may maintain only one (1) account, and your account is personal to you and may not be shared or transferred.

1.2 Misrepresentation

Misrepresentation of qualifications, credentials, certifications, references, identity, or work authorization is grounds for immediate removal from the platform and permanent disqualification from the Agency’s network, and may be reported where required by law. References must be genuine professional references — non-family, non-friend, and non-fabricated.

1.3 Removal and Suspension

The Agency may suspend or remove your account and profile at its discretion, including for violation of these Terms, the conduct standards in Section 10, or inactivity.

Section 2: Nature of the Service — Referral Only; Hello Nanny Is Not Your Employer

2.1 Referral Service

Hello Nanny is a referral and placement service. At no cost to you, the Agency will make reasonable efforts to refer you to clients seeking nanny, newborn care, household, or other domestic services. The Agency does not guarantee referral, placement, employment, compensation, or any terms of employment.

2.2 Not Your Employer

You are not employed by Hello Nanny. The Agency is not a party to any employment agreement between you and a client. Your work schedule, day-to-day working conditions, compensation, and the method, manner, and means of your work are determined solely by the employing client, who is your sole employer of record. The Agency does not direct, supervise, or control your work and is not responsible for your wages, taxes, withholdings, or benefits.

2.3 Your Independence

You are free to: inform the Agency of any restrictions on hours, location, conditions, or type of work you will accept; select or reject any opportunity; negotiate your own compensation directly with clients; work with other agencies; and work for families not referred by the Agency. No exclusivity applies.

Section 3: Communication with the Agency — NDA Carve-Out and Duty to Report

The Agency requires its clients to uphold household employment industry standards, including legal W-2 payroll, guaranteed hours, no banking of hours, timely payroll, overtime compliance, and lawful workplace conduct.

If a client asks you to sign a Non-Disclosure Agreement or any confidentiality agreement, that agreement never restricts your communication with the Agency. You are affirmatively authorized — regardless of any NDA — to disclose to the Agency any information relevant to a client’s conduct as it relates to industry standards, Agency policies, or your terms and conditions of employment, including compensation, hours, payroll practices, and workplace treatment. The Agency’s client terms expressly exclude the Agency from any client-imposed NDA, and any provision purporting to restrict your disclosure to the Agency is void as between you and the Agency. Reporting a client’s conduct to the Agency is never a breach of confidentiality.

3.1 Your Responsibility to Report Client Violations

It is your responsibility to promptly report to the Agency any known or suspected violation by a client of the Agency’s client agreement, terms, or industry standards — including late or missed payroll, off-the-books or non-W-2 payment, banking of hours, failure to guarantee hours, violation of your work agreement, or any harassment, abuse, or unsafe conditions — so that the Agency may review the matter. The Agency can only enforce its standards, and preserve protections that depend on client compliance, when violations are brought to its attention.

Reporting in good faith will never result in penalty, removal, or retaliation by the Agency, and is protected under the NDA carve-out above. Failure to report known violations may limit the Agency’s ability to assist you and to hold the client accountable under its agreements.

Section 4: Vetting, Background Checks, and Your FCRA Rights

4.1 Vetting Requirements

Placement-eligible candidates must satisfy applicable vetting requirements before or by the first day of employment, which may include: CPR/First Aid and related certifications; verifiable professional references; immunization records where required by the family; a background check (state, county, federal, National Sex Offender Registry, and motor vehicle report where driving is required); proof of auto insurance and a valid driver’s license where required; state-specific registry requirements (e.g., California TrustLine); and legal authorization to work in the United States.

4.2 Background Check Consent and FCRA Rights

Background checks are performed by a third-party, FCRA-compliant consumer reporting agency (“CRA”). Before any report is run, you will receive a standalone written disclosure and must provide written authorization through the CRA’s workflow. Under the federal Fair Credit Reporting Act, you have the right to: receive a copy of your report; know who has received it; dispute inaccurate or incomplete information directly with the CRA, which must reinvestigate; and, if a client intends to take adverse action based on your report, receive a pre-adverse action notice with a copy of the report and a summary of your rights before a final decision is made.

4.3 Consent to Share Vetting Information

You consent to the Agency sharing your vetting information — including your name, contact information, background check results, DMV records, certifications, and vaccination records — solely with clients and parties involved in evaluating you for employment opportunities. The Agency handles this information confidentially.

4.4 AI-Facilitated Interviews

The Agency may use AI-facilitated structured interviews as part of vetting. By completing an AI interview, you consent to the recording, transcription, and automated analysis of your interview responses and to the sharing of interview results with the Agency and prospective clients for placement purposes. Participation may be required for certain placements; if you have concerns about an AI interview or believe results are inaccurate, you may contact the Agency to request review or an alternative interview format.

4.5 W-2 Verified Badge

The Agency may display a “W-2 Verified” or similar badge on candidate or placement profiles where legal W-2 payroll enrollment is confirmed. Badges are issued and revoked at the Agency’s discretion based on verifiable payroll status, and may not be misrepresented, self-applied, or used outside the platform.

Section 5: Profile Display, Resume Sharing, and Media Release

5.1 Marketplace Profile Display

You grant the Agency permission to display your candidate profile — including your first name, photo, video biography, experience summary, certifications, and vetting status — on the Agency’s platform and website for the purpose of presenting you to prospective clients. You may request removal of your profile at any time by written notice, and the Agency will remove it from active display within a reasonable period. The Agency will not sell your personal information to third parties.

5.2 Resume and Contact Sharing for Job Ad Placements

When you apply to, or are matched with, a position advertised through the Agency’s Job Ad service, you expressly authorize the Agency to share your resume and your contact information — including your full name, phone number, and email address — directly with the hiring client for that position. You understand and agree that Job Ad clients communicate with candidates directly, outside the Agency’s platform, and may contact you using the information shared. This authorization is limited to clients for positions to which you have applied or been matched; the Agency will not distribute your resume or contact information to unrelated third parties.

You may withdraw this authorization for future sharing at any time by written notice to the Agency, though withdrawal does not affect information already shared with a client and may limit your eligibility for Job Ad placements. Even where a client contacts you directly, your obligations under Section 3 (duty to report violations) and Section 7 (notification of hire) continue to apply.

Section 6: Interviews and Platform Communication

6.1 Platform-Based Process

For Agency-managed (Concierge) placements, all interviews and pre-hire communication with families must occur through the Agency’s designated platform or virtual platforms specified by the Agency. You agree not to provide or solicit personal contact information (phone, email, social media) to or from prospective clients prior to hire in Agency-managed placements. This restriction does not apply to communication with families who sourced you independently outside an Agency-managed search.

6.2 Confidentiality of Client Information

All information you receive about prospective and actual clients — including household details, children’s information, schedules, and family circumstances — is strictly confidential, both during the hiring process and during and after any employment. This obligation does not restrict disclosures to the Agency under Section 3, or any disclosure required or protected by law.

Section 7: Notification of Hire and Non-Circumvention

7.1 Duty to Notify

If the Agency refers or introduces you to a client, you agree to immediately notify the Agency if that client hires or otherwise engages your services, in any role, at any time within twenty-four (24) months of introduction. If hired, you agree to sign a written work agreement with the employer and provide the Agency a copy.

7.2 Cooperation

If a client attempts to avoid Agency fees by hiring you directly without notifying the Agency, you agree to cooperate in providing proof of the hire, including contracts, written agreements, or communication records. Knowingly participating in circumventing the Agency may result in removal from the network and liability for damages incurred by the Agency.

Section 8: W-2 Employment

The Agency requires its clients to commit to legal W-2 employment, and will make reasonable efforts to inform families of their obligations regarding wages, taxes, and benefits for domestic workers. The Agency cannot guarantee any family’s compliance. If you accept payment under the table or off the books, you do so at your own risk and acknowledge the potential legal and financial consequences; the Agency shall not be liable for any issues arising from such arrangements. If your employer activates a payroll service introduced by the Agency, you agree to cooperate with payroll onboarding, including completing a W-4 and providing direct deposit information.

Section 9: Communications Consent

You consent to receive transactional communications from the Agency by email, phone, and SMS/text message regarding your account, profile, vetting, interviews, referrals, and placements, at the contact information you provide. Message and data rates may apply; you may opt out of SMS at any time by replying STOP, though doing so may delay time-sensitive placement communications.

Section 10: Conduct Standards — Grounds for Removal from the Network

The following constitute grounds for immediate removal from the Agency’s network:

  • Compromising the safety or well-being of any child or household member
  • Dishonesty, including misrepresentation of qualifications or credentials
  • Theft or misuse of personal or household property, including client vehicles
  • Any form of physical, emotional, or mental abuse or neglect
  • Defaming the Agency, its staff, clients, or children
  • Violating confidentiality obligations related to the Agency or its clients
  • Persistent absenteeism, tardiness, or failure to communicate schedule changes
  • Allowing unapproved guests while on duty
  • Smoking, alcohol, or being under the influence of any substance while working; use or possession of illegal drugs
  • Failure to maintain required CPR/First Aid certification
  • Engaging in or being charged with civil or criminal misconduct relevant to household employment

Section 11: Disclaimer, Release, and Limitation of Liability

The Agency provides referrals and information “as is” and makes no representations or warranties regarding any client, household, position, or employment outcome. Your use of the Agency’s services is at your own risk. To the maximum extent permitted by law, you release the Agency and its owners, agents, employees, officers, directors, representatives, insurers, and affiliates from all liability arising out of referrals, client conduct, or third-party actions, and you shall indemnify and hold the Agency harmless from damages arising out of your own negligence, omissions, conduct, or misconduct. In no event shall either party be liable for consequential, incidental, exemplary, punitive, special, or indirect damages. Nothing in this Section limits rights that cannot be waived by law, including your rights under wage-and-hour, anti-discrimination, anti-retaliation, or whistleblower laws against an employing client.

Section 12: Dispute Resolution and Governing Law

Before initiating any formal proceeding against the Agency, you agree to contact the Agency in writing and allow thirty (30) days to resolve the dispute informally. Except for individual claims qualifying for small claims court, any dispute between you and the Agency arising out of these Terms shall be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules in Collin County, Texas, and all claims must be brought in an individual capacity, not as part of any class or representative proceeding. These Terms are governed by the laws of the State of Texas. This Section applies only to disputes between you and the Agency; it does not govern disputes between you and any employing client.

Section 13: General Provisions

13.1 Order of Precedence

If you have signed an Applicant Agreement with the Agency, the signed Applicant Agreement controls in the event of a direct conflict with these Terms, and these Terms govern all matters not addressed in it.

13.2 Electronic Acceptance

You consent to transact electronically. Checking an acceptance box or clicking to create an account constitutes your binding acceptance of these Terms under the federal E-SIGN Act and applicable state electronic transaction laws.

13.3 Amendment and Severability

The Agency may update these Terms from time to time; continued use of the portal after notice of updated Terms constitutes acceptance. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

13.4 No Waiver; Assignment

The Agency’s failure to enforce any provision on one occasion is not a waiver. You may not assign these Terms; the Agency may assign them in connection with a merger, acquisition, or sale of assets.