User Agreement
Napp, LLC
Welcome to Napp, LLC, your exclusive childcare network!
COVID-19 Update: Please be advised that, while safety is our highest concern, Napp does not collect information regarding the health status of their Sitters. As such, we do not make any representations or warranties relating to the health status of any Sitters, including, without limitation, whether they are compliant with CDC and other local health organization guidelines and best practices as they pertain to the spread of disease or other related matters. If you have any questions, please feel free to contact us at info@nappnetwork.com.
By joining our network you are agreeing, on behalf of you and anyone for whom you procure services through the Napp service (“you”, “yours”), that you will be legally bound to all of the terms and conditions set forth in this Terms of Agreement (the “Agreement”). Do not "Join Network" if you do not agree to be bound by this Agreement. If you do not "Join Network," you will not be permitted to register to use our referral services. The terms and conditions of this Agreement are as follows:
1. Registration for a Napp Account
In order to use the Napp services, you will be required to provide us with certain personal information, such as your name, birth date, address, phone number, and e-mail address. You may also choose to provide us with specific information about your children and your household (e.g., allergies, food preferences, pets, etc.) or your preferences for particular childcare services. All of this information will be used and protected in accordance with the Napp Privacy Policy, located here, and which is hereby incorporated into and governed by this Agreement. By your acceptance of this Agreement, you are representing that you have carefully read and understand the Napp Privacy Policy, and agree to its terms. You also represent that all information you provide to us through our website is accurate and that you will keep it up-to-date. We will not be responsible or liable to you in any manner whatsoever for any costs, expenses, or damages incurred by you that result or arise from the inaccuracy or expiration of information you provide to us.
2. Sitter Selection Process
Prior to selection as Sitters, we perform a background check through SafetyPIN Technologies (including a criminal, financial, and behavioral assessment), rigorous reference checks, and evaluation of local childcare experience. We conduct screening interviews of candidates and may check candidate references, but despite these reasonable efforts to screen candidates, you acknowledge that the selection of Sitters is a subjective process and that therefore we DO NOT WARRANT the quality of services to be provided by a particular Sitter.
COVID-19 Update: Please be advised that, while safety is our highest concern, Napp does not collect information regarding the health status of their Sitters. As such, we do not make any representations or warranties relating to the health status of any Sitters, including, without limitation, whether they are compliant with CDC and other local health organization guidelines and best practices as they pertain to the spread of disease or other related matters.
3. Our Service; Fees
At your request, we will make available to you the opportunity to request a booking for the services of a Napp Sitter. In consideration of our services, Napp will charge up to 20% (depending on city/location and is included in the rate of the booking) in accordance with our Terms of Service, which you represent you have read and understand.
For Families
Napp charges a one-time family joining fee of $55.00, charged only after your onboarding call if you choose to join the Napp Network. There is a 0% risk + 0% charge process in place for any family to show interest, ask questions or have a conversation. T
Please note that our one-time $55.00 fee for Napp families is non-refundable once your card has been processed unless otherwise discussed with Napp leadership depending on circumstance.
After your first 30 days, a monthly membership subscription of $11 will begin.
You may pause your membership at any time via the app by selecting Account in the Main Menu. There is no additional joining fee to reactivate your account when you are ready.
Receipts will be available upon request. Please email us at info@nappnetwork.com.
No refunds will be provided.
a. Cancellation Policy
The app will immediately process all cancellations unless we are notified BEFORE the cancellation occurs on the platform. No refunds will apply.
When a family cancels a gig, the sitter will be compensated for their time. When a sitter cancels a gig, the family will be given the opportunity to repost their gig, with a complimentary added bonus, to increase the chance of last-minute booking success.
Families are responsible for triggering all cancellations in the app. Sitters must still contact Napp as well as the family for all cancellations, but only family accounts are capable of physically canceling the gig.
24 hours or less = a $40 fee to the user responsible for cancellation
Sitters will receive a $30 payout
Families will receive $30 to add as a complimentary bonus to repost their last-minute gig
72-24 hours = $25 fee to the user responsible for cancellation
Sitters will receive a $15 payout
Families will receive $15 to add as a complimentary bonus to repost their gig
There is no penalty for canceling with more than 72 hours’ notice
Cancellation charges will not exceed the estimated payout total if below $35.
Sitter No Call/No-Show Policy = $150 fee
Sitters will be charged a No Call/No Show fee for any gig that resulted in a no-show without proper communication to the family.
Families will only have the ability to cancel a gig as a No Show once the booking time in the app has approached.
b. The app will provide an hourly rate range for bookings that is dependent upon your location.
4. Payment
All payments and payouts will be processed through a safe and secure third-party payment processor. Sitters will be responsible for clocking in and out accurately for the duration of the gig (families will not be charged for the time that they do not use). All charges will occur at the time at which the sitter clocks out. Sitters will be paid through their Stripe Connect accounts on a 1-3 day payout schedule.
5. Sitters NOT Napp Employees
Sitters are NOT our employees. We are a referral agency. Sitters are independent contractors. You are solely responsible for determining and agreeing with a Sitter the exact nature of the services be provided and the manner in which such services will be carried out. You are responsible for complying with all applicable laws (including without limitation local, state, and federal tax laws) that are applicable to a Sitter’s provision of services to you, and you will indemnify and hold us, our owners, and employees from and against any claims against us arising out of or relating to your failure to comply with such laws.
6. Non-Solicitation
During the term of this Agreement, and for a period of one (1) year following its termination or expiration, you agree not to: (i) solicit or induce any employee or independent contractor to terminate or breach an employment, contractual or other relationship with us; or (ii) solicit any Sitter of whom you become aware through a referral by us or have met through our platform, to employ or contract with a Sitter for child-care services other than through our platform. You agree that your breach of this Section will cause substantial damages to Napp and may be difficult if not impossible to quantify. Accordingly, in the event of such a breach by you, you will pay $5,000 in liquidated damages to Napp as a reasonable estimate of such damages and not a penalty.
7. Disclaimer
We are not responsible or liable in any manner whatsoever for the acts or omissions of any Sitter 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 SITTERS AND HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. You will indemnify and hold us, our owners and employees from and against any claims by you or any third party arising out of or relating to the acts or omissions of any Sitter.
8. 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 Sitter. 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.
9. Disputes
Except in the case of an action relating to a breach by you of Section 5 above (which may be brought in any court with appropriate jurisdiction), you agree that all disputes arising under or relating to this Agreement will be settled by binding arbitration in Maryland before a single arbitrator under the auspices of the American Arbitration Association in accordance with its then-current rules for commercial arbitration. YOU EXPRESSLY AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING YOUR RIGHT TO TRIAL BY JURY FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT.
10. Amendments; Termination
We may amend this Agreement at any time upon notice posted to our website, and your continued use of this website constitutes your acceptance thereof. Otherwise, the Agreement may not be amended without the written agreement of both us and you. Either we or you may terminate this Agreement immediately upon notice to the other. Sections 4-10 shall survive any such termination.
11. Miscellaneous
This Agreement will be governed by the laws of the State of Maryland. It constitutes the entire agreement between us and you 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.
BY REGISTERING AS NETWORK MEMBER OR USER ON THE NAPP MOBILE APP YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.