Terms of Service

Acceptance of Terms

By accessing or using this website and booking a consultation or service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

Eligibility and Age Restriction

Our website and services are intended for adults. By using this site or booking services, you represent and warrant that you are at least 18 years of age and legally able to enter into a binding contract.

We do not knowingly enter into service agreements with minors or collect personal information from children under 13.

Services Overview

We provide overnight newborn care services, including:

Video consultation appointments to discuss family needs and service options

In‑home overnight newborn care support (1–4 nights per week)

Feeding assistance (including formula preparation, bottle washing/sterilization, and breastfeeding support), soothing, safe sleep monitoring, and developmental guidance

Sleep training and routine development designed to promote optimal infant sleep habits

Infant laundry, nursery organization, and maintaining tidy infant spaces

Daily logs of feeding, sleep patterns, diapering, and developmental observations

Three package tiers: Basic Care Package (1–2 nights/week), Enhanced Care Package (3 nights/week), and Total Care Package (4 nights/week)

All packages require an 8‑week minimum commitment

All services are provided in accordance with American Academy of Pediatrics (AAP) guidelines for safe sleep, feeding, and infant handling.

Services are subject to availability and mutual agreement following the initial consultation. Upon booking, a formal Service Agreement will be executed detailing the specific scope of services, schedules, and obligations.

SMS/Text Messaging Program

Program Description and Use Cases

By providing your mobile phone number and explicitly opting in, you may enroll in our SMS/text messaging program. Participation is optional and not required to purchase services.

SMS messages may include:

Appointment confirmations, reminders, and schedule updates

Important service alerts or changes (e.g., provider illness, rescheduling)

Follow‑up messages related to your consultation or active care package

Occasional promotional or educational messages, if you have consented to receive marketing texts

Message frequency may vary based on your interactions with us (for example, more messages around booking and active service periods).

Opt‑Out Instructions

You may opt out of SMS/text messages at any time by:

Replying STOP to any text message we send, or

Contacting us at [email protected] or 716-261-2910 and requesting removal from SMS communications

After you opt out, you may still receive non‑marketing messages that are necessary to complete a current transaction or service, where permitted by law.

Message and Data Rates

Standard message and data rates may apply to all SMS/text messages sent or received, according to your mobile carrier plan. You are responsible for any charges imposed by your mobile carrier.

Carrier Liability Disclaimer

Mobile carriers are not liable for delayed or undelivered messages. Delivery of SMS messages depends on your mobile carrier network and device.

Consultation Booking

Video Consultation Terms

Consultations are informational and non‑binding.

Consultation appointments are approximately 20–30 minutes.

You must provide accurate contact and household information when booking.

We reserve the right to reschedule or cancel consultations with reasonable notice.

Failure to appear for a scheduled consultation without notice may result in forfeiture of future booking privileges.

No Guarantee of Service

A consultation does not guarantee availability or acceptance into a care package. Service acceptance is at our sole discretion based on schedule availability, location, family needs, compatibility, and mutual agreement.

Independent Contractor Relationship

The overnight newborn care specialist operates as an independent contractor, not as an employee. The specialist controls the manner and means of providing services, and you have no authority to direct the specific details of how services are performed, though you maintain the right to general inspection and final approval of services.

Nothing in this relationship creates any agency, partnership, employment, or joint venture between you and the specialist.

Service Terms

8‑Week Minimum Commitment

All care packages require an 8‑week minimum commitment. By booking a package, you agree to:

Pay for a minimum of 8 weeks of service at your selected frequency (1–4 nights/week)

Adhere to the cancellation and modification policies outlined below

Provide safe working conditions, accurate health and household information, and all necessary infant care supplies

Complete required forms including Emergency Information, Medical Release, and Permission to Administer Medication (if applicable)

Follow agreed-upon day and nighttime routines to maintain consistency for your newborn

Scheduling and Availability

Service nights and times are scheduled in advance and confirmed in writing via a Statement of Work.

Changes to scheduled nights require at least 48 hours' notice when possible.

We reserve the right to assign substitute care specialists in case of illness or emergency.

Service availability may vary; we cannot guarantee same‑day or last‑minute bookings.

Client Responsibilities

By using our services, you agree to:

Provide accurate, complete, and timely information about your baby's health, feeding plan, delivery date, and any special needs

Keep the specialist informed of any changes related to your health, your newborn's health, delivery date, or factors that may impact services

Maintain a safe, clean, and professional working environment in your home

Provide access to your newborn, service location, and all items on the provided Nursery Must-Have List

Treat care specialists with respect and professionalism

Comply with AAP-recommended safe sleep, feeding, and infant care practices

Follow agreed-upon care plans and routines established with the specialist

Disclose any surveillance devices (nanny cameras) in advance of use

Specialist's Scope of Services

The overnight newborn care specialist will:

Provide non-medical newborn care support only

Follow all AAP guidelines for safe sleep, feeding, and infant handling

Maintain nightly logs of feeding, sleep, diapering, and observations

Immediately report any concerns regarding infant safety, health, or home environment

Maintain strict confidentiality regarding all personal, medical, and household information

Wear professional attire (clean scrubs) and maintain professional appearance

Respect your home, furnishings, and property at all times

The specialist will NOT:

Diagnose or treat medical conditions

Perform medical procedures, clinical assessments, or wound care

Provide medical judgment or replace the care of a licensed healthcare provider

Perform infant nail care

Allow unknown visitors into your home without notifying you immediately

Disagreements on Care Plans

If you request care that is inconsistent with AAP recommendations or the specialist's professional judgment, you may be required to execute a Liability Disclaimer acknowledging your decision to proceed against professional advice.

Surveillance and Trust

Nanny cameras and surveillance devices are permitted provided they are disclosed in advance. Use of undisclosed cameras or surveillance devices will be considered a material breach of trust and may result in immediate termination with all remaining fees due in full.

Payment Terms

Deposit

A deposit is required immediately upon execution of the Service Agreement.

Deposit amount will be specified in your Statement of Work and typically equals 1–2 weeks of service fees.

The deposit will be returned upon completion of services or expiration of the agreement, unless otherwise specified in the cancellation policy.

Pricing and Invoicing

Package pricing is provided during the consultation and confirmed in writing before service begins.

Payment is due each Friday by 5:00 PM EST for services provided during the prior week, but in no event later than three (3) days after completion of services performed each week.

Payment methods include cash or check as specified in your Service Agreement.

Prices are subject to change with 30 days' written notice for new bookings.

All fees are in U.S. dollars unless otherwise specified.

Reimbursable Expenses

You agree to reimburse the specialist for all reasonable, pre-approved expenses related to services (e.g., mileage if traveling significant distance) within seven (7) days of receipt of invoice with supporting documentation.

Late Payments and Non-Payment

If payment is not received as scheduled, you will receive written warning with a three (3) calendar day cure period.

If non-payment continues beyond three days, the specialist may require all future services be paid one week in advance.

Late payments are subject to interest at the lesser of 10% per month or the highest rate permissible under law, calculated daily and compounded monthly.

You are responsible for reimbursing all reasonable costs incurred in collecting late payments, including attorney's fees.

Services may be suspended if undisputed amounts remain unpaid for thirty (30) days following written notice.

Taxes

You are responsible for all applicable sales, use, excise, and similar taxes on services.

The specialist operates as an independent contractor and is responsible for filing and paying all income and self-employment taxes.

You will provide the specialist with a 1099 form as required by federal tax law.

Cancellation and Refund Policy

Cancellation Before Service Begins

More than 14 days before start date: Full refund if you provide written notice at least 14 days prior to scheduled start of services.

7-14 days before start date: 50% refund.

Less than 7 days before start date: No refund; deposit may be retained in full.

Failure to provide 14 days' notice: All remaining fees, reimbursements, and expenses become immediately due in full.

Pregnancy Loss

More than 30 days before scheduled start: Full deposit refund.

Less than 30 days before scheduled start: Prorated refund. For example, if loss occurs 22 days before start, specialist may retain payment equivalent to 8 days of services from deposit, with balance returned to you.

Cancellation After Service Begins

Within 8-week minimum: No refunds for unused weeks within the minimum commitment period.

Beyond 8 weeks: Extensions may be canceled with 2 weeks' written notice.

Termination for Cause by Client

If the specialist materially breaches this agreement and fails to cure within 48 hours of written notice, or if the breach is incapable of cure, you may terminate for cause. In such cases, you are no longer bound to pay remaining fees. You will not receive refunds for services already provided, but unused services and deposits will be refunded.

Termination by Specialist

The specialist may terminate services immediately for:

Non-payment (after 7 days following written notice of non-payment, or more than one late payment during the term)

Material breach by you that is not cured within 48 hours of written notice

Disrespect, harmful treatment, or abusive behavior

Unsafe working conditions

Non-compliance with agreed contract terms

Misrepresentation of household or health information

Use of undisclosed surveillance devices

Fees upon specialist termination:

If specialist terminates due to your disrespect, harmful treatment, or non-compliance: No refunds issued; all remaining fees, reimbursements, and expenses due immediately.

If specialist voluntarily leaves for other reasons: You are not obligated to pay remaining fees; no refund for services already provided; unused services and deposits will be refunded.

Insurance Requirements

Client Insurance

You are required to maintain homeowner's or renter's insurance during the term of service and for 90 days thereafter. Upon request, you must provide a certificate of insurance naming the specialist as an additional insured. You must provide 30 days' advance written notice of any cancellation or material change to your insurance policy.

Specialist Insurance

The specialist maintains professional liability insurance (Postpartum Doula Professional Liability Insurance) in an amount no less than $1,000,000 per occurrence and will provide a certificate of insurance upon request.

Limitation of Liability

No Medical Advice

Our services are educational and supportive. We do not provide medical advice, diagnosis, or treatment. The specialist is not a licensed healthcare provider and does not replace medical care. Always consult a licensed healthcare provider for medical concerns.

Limited Warranty

The specialist warrants that services will be performed:

In accordance with the Service Agreement and Statement of Work

Consistent with industry standards and with the skill, experience, and qualifications required

If services breach this warranty and the breach cannot be cured within three (3) days of written notice, you may terminate the agreement and receive a refund in accordance with the cancellation policy.

Disclaimer of Warranties

Except for the limited warranty above, services are provided "as is" without any other warranties, express or implied. We do not guarantee specific outcomes related to infant sleep, development, or behavior.

Limitation of Damages

The specialist shall not be liable for:

Any loss of use, revenue, profit, sleep, or time

Any consequential, incidental, indirect, exemplary, special, or punitive damages

Damages arising from breach of contract, tort (including negligence), or otherwise, regardless of foreseeability

Maximum liability: The specialist's total aggregate liability shall not exceed two (2) times the aggregate amounts paid during the term of the agreement.

Confidentiality

Both parties agree to maintain strict confidentiality regarding all personal, medical, household, and proprietary information shared during consultations and service delivery.

Confidential information does not include information that:

Is or becomes publicly available through no breach of this agreement

Was lawfully in the receiving party's possession prior to disclosure

Was independently developed without use of confidential information

Was received from a third party not under confidentiality obligations

We will not disclose your information except as outlined in our Privacy Policy, as required by law, or with your explicit consent.

Background Checks and Safety

All overnight care specialists undergo background checks and hold current infant CPR and safety certifications. However, we cannot guarantee the prevention of all accidents or incidents during care.

Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including:

Acts of God, natural disasters, floods, fires, earthquakes

War, terrorism, riots, civil unrest

Government orders or regulations

National or regional emergencies

Pandemics or epidemics

The affected party must provide written notice within three (3) days of the event. If the event continues for more than three (3) consecutive days, the other party may terminate the agreement with three (3) days' written notice.

Note: Force majeure does not excuse client's payment obligations.

Intellectual Property

All documents, work products, care plans, logs, and other materials created by the specialist remain the intellectual property of the specialist. You receive a non-exclusive, non-transferable, royalty-free license to use these materials solely for your personal use in caring for your newborn.

All content on this website, including text, graphics, logos, and images, is protected by copyright and trademark laws. You may not reproduce, distribute, or use any content without written permission.

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

Jurisdiction

Any legal action arising from this agreement shall be instituted in the federal or state courts located in Buffalo, Erie County, New York. You irrevocably submit to the exclusive jurisdiction of such courts.

Waiver of Jury Trial

Both parties waive the right to a jury trial for any disputes arising from this agreement. Both parties acknowledge that controversies under this agreement are likely to involve complicated issues and agree that disputes will be resolved by a judge, not a jury.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

General Provisions

Entire Agreement

These Terms, together with the Privacy Policy, Service Agreement, and any Statements of Work, constitute the entire agreement between you and the specialist. In case of conflict, the Statement of Work controls.

Amendments

No amendment or modification of these Terms is effective unless in writing and signed by both parties.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect, unless the invalid provision is fundamental to the agreement.

No Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent.

Notices

All notices must be in writing and delivered by personal delivery, overnight courier, or certified mail to the addresses specified in the Service Agreement.

Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our website or services after changes constitutes acceptance of the revised Terms.

Privacy Policy

Your use of this website and our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information, including SMS contact details and communication preferences. By agreeing to these Terms, you also acknowledge and agree to the Privacy Policy. You can review it at: bastiannewborncare.com/privacy-policy.

Contact Us

If you have questions about these Terms of Service, please contact us:

Email: [email protected]
Phone: (716) 261-2910