Conditions and terms
These Terms and Conditions outline the terms on which we will provide our Services to you.
They will come into effect once we confirm our acceptance of your instructions either verbally, in writing, or by email, or when you verbally instruct us to submit suitable applicants for your engagement. Before submitting your request, please carefully read these terms. They provide important information on who we are, how we will provide the Services to you, what to do in case of any issues, and other essential details. If you believe there is an amendment in these terms, please contact us to discuss.
Please note that the headings in these Terms and Conditions are for convenience only and do not affect their interpretation or construction.
1.
Each Party shall act in good faith during the execution of the Contract
This statement means that each party involved in the Contract is obligated to act honestly and fairly with each other during the execution of the agreement. Acting in good faith requires the parties to be open and transparent in their communication, and to fulfil their contractual obligations in a timely and professional manner. Essentially, it implies that each party should act with integrity and avoid any actions that would be considered deceitful or malicious towards the other party.
Responsibility of the agency
1.1.1 Prior to advertising the role, the Agency will arrange at least one phone call with the Client to discuss and confirm all position details.
1.1.2 The Agency will only select candidates who have undergone a rigorous vetting process that includes a minimum of two references and verification of relevant documents, such as CV, ID, certifications, DBS certification, and First Aid. If any of these verifications are still in progress at the time an offer is made, the Agency will advise the Client to delay the engagement until all checks have been satisfactorily completed. However, the final decision to proceed with the engagement will rest solely with the Client.
1.1.3 The Agency will make reasonable efforts to introduce suitable Candidates to the Client for employment.
1.1.4 The Agency will ensure that both the Candidate and the Client are aware of the legal requirements that must be met for the Candidate to work for the Client.
Responsibility of the client
1.2.1 The Client must provide the Agency with a detailed job description for any position they are seeking to fill.
1.2.2 The Agency confirms that it will not share any family names or contact details with third parties, except with Candidates the Client wishes to interview. The Client agrees that the Agency may share limited job details to advertise vacancies on the internet or job boards.
1.2.4 The Client agrees to inform the Agency immediately if they have already been introduced to a Candidate by a third party. Failure to inform the Agency and subsequently engaging the Candidate will result in the Client being liable to pay the placement fee to the Agency.
1.2.5 The Client acknowledges that the Agency functions as an introduction agency for childcare placements, and therefore, the Agency does not assume any employer responsibility for any Candidate. The Client agrees to independently verify the suitability of a Candidate, including verifying their identification, driving license (if necessary), and any other relevant information. The Client is responsible for complying with the relevant employment and tax laws in the country where the Candidate will be working, and for ensuring that both the Client and the Candidate have appropriate insurances in place.
1.2.6 The Client must notify the Agency immediately of any offer of employment made to a Candidate introduced by the Agency within 6 months of the introduction. Failure to do so will result in the Client being liable to pay the placement fee.
1.2.7 The Client must inform the Agency if a Candidate originally placed for a temporary position continues to work for the Client beyond the agreed-upon period. Section 2.2 will then apply.
1.2.8 The Client agrees to pay the applicable service fees according to clause 2.
2.
FEES
Payable fees
2.1.1 Prior to introducing any Candidates, the Agency requires payment of a non-refundable administration fee. This fee is fully deductible from the permanent placement fee.
2.2.2 Upon a Candidate’s acceptance of a position with the Client, whether in writing or verbally, the Client must notify the Agency immediately and provide a copy of the employment contract once it has been agreed upon by both parties.
2.2.3 Placement fees are due upon a Candidate acceptance of the employment offer, whether communicated orally or in writing.
2.2.4 The Client is required to pay all fees within 7 business days of the invoice submission. Failure to do so will result in a 25% surcharge on any unpaid invoice, and the Client will be responsible for any costs incurred in the collection of the late or unpaid fees.
2.2.5 If the Client withdraws an offer of employment less than 3 weeks prior to the start date, the Client will be responsible for paying 50% of the placement fee.
Fees charge
Processing fee
An administration fee of £50 will be charged for permanent placement services, but this amount will be deducted from the placement fee.
Please note that no administration fee is applied for temporary daily placements or emergency babysitting services.
Placement charge
Position charge:
- Whether you require a full-time or part-time nanny, the agency’s fees will depend on the type of position and are as follows:
In the case of a permanent full-time position, our placement charge will amount to one month’s net salary, which can be paid in three instalments. The first payment is due upon finding a nanny through our agency, the second payment is due the following month, and the third payment is due the month after the second payment.
For a permanent part-time position, the placement charge will also be equivalent to one month’s net salary but can be paid in two instalments. The first payment is due upon finding a nanny through our agency, and the second payment is due the month after the first payment.
Please note that the placement charge will be calculated based on the net salary of the nanny.
- If you require a temporary nanny for full-time or part-time work, the agency charges
a fixed fee of £30 per day plus VAT, or £120 per week plus VAT for a standard five-
day work week (Monday to Friday). For longer periods, the agency will discuss
pricing with you.
- For emergency babysitting placements, the agency charges a fixed fee of £30 plus
VAT for the service.
- For placements in schools or nurseries, the agency fees are 13% of the employee's
annual gross salary.
- If you require a part-time nanny and subsequently ask the selected candidate to
work longer hours within six months, an additional fee will be charged to cover the
difference between the placement fee in the new contract and the placement fee in
the original contract.
- If a temporary placement is extended, an additional fee must be paid by the client to
reflect the placement fee for a permanent placement.
- In cases where the agency introduces a candidate who is subsequently offered
employment by the client within six months, the client must notify the agency
immediately and will be liable to pay the placement fee.
Interviewing charge
The Client is responsible for covering the Candidate’s reasonable travel expenses incurred for attending the interview, particularly for live-in or au pair positions. The Candidate should submit the relevant receipts or invoices to the Client for reimbursement. If the Candidate is required to undergo a trial period, the Client should pay the Candidate directly for their time and effort.
3.
Responsibility
The Agency will make every effort to refer qualified and suitable Candidates to the Client, but ultimately it is the Client’s responsibility to hire and evaluate the Candidate’s performance. The Agency does not provide any warranty regarding the suitability, honesty, capacity, or character of any Candidate introduced. The Client must assess the suitability of the Candidate and verify their references.
It should be noted that the Agency is not an agent or representative of the Candidate and is not responsible for any losses, expenses, injuries, delays, or damages that may result from the Candidate’s wrongful acts, omissions, negligence, or failure to be introduced. The Client agrees to hold the Agency and its employees harmless from any costs or expenses resulting from any claims related to the Candidate’s employment.
The Agency is not responsible for the employment contract between the Client and the Candidate and cannot guarantee that a suitable Candidate will be available for the position.
4.
Responsibility
Replacement policy
The Agency provides the Client with a warranty period of 2 months, which means that if a Candidate who has been confirmed as a permanent placement with the Client either fails to start employment or leaves within the first 4 months after commencing employment with the Client, a free Candidate replacement will be offered, subject to the following terms :
- The Client must notify the Agency of the employment termination within 48 hours.
- The Client must have made the necessary payment for the placement fees within 7 business days.
- The Client must not have significantly altered the job description, duties, responsibilities, work schedule, or employment location agreed upon by the
Candidate and the Client after the Candidate started employment. - The Client acknowledges that the replacement and refund policy will not apply if the Agency becomes aware that the Client has attempted to hire the Candidate directly, bypassing the Agency.
- The Client must not have mistreated the Candidate or violated any UK employment laws.
- The Client must not have shown verbal or physical aggression towards any Agency employee.
- The Candidate must not have resigned, or the Client must not have terminated the Candidate due to unreasonable demands placed on them by the Client.
During the warranty period, the Client allows the Agency up to eight weeks to suggest replacement Candidates who are suitable for the same position and work schedule as the original placement. Additionally, the Client agrees not to seek assistance from any other agency during the replacement period.
Refund policy
In the event that the Agency cannot furnish the Client with an appropriate replacement Candidate within 8 weeks, the Agency will reimburse a proportion of the complete fee paid as per the ensuing schedule :
- Initial two weeks: 50% refund of the placement fee
- From two weeks until the end of the third week: 30% refund of the placement fee
- From four weeks until the end of the second month: 15% refund of the placement fee
- After two months: No refund will be given.
5.
Privacy
Each party agrees to maintain confidentiality of all information, whether in written or oral form, obtained from the other party during their communications. The Client shall be obliged to maintain strict secrecy and refrain from disclosing to any third party, in any manner whatsoever, any information concerning a Candidate.
If the client breaches the agreement and causes a placement, whether it is permanent or temporary, the client will be required to pay the entire fee and any relevant expenses to the agency. The terms and conditions of the agreement will apply to that placement, even if it was not directly arranged between the agency and the client.
Both parties mutually agree not to share any written, visual, or audio content on any public platform or social media that could cause harm, embarrassment, or damage to the other party’s reputation. Before they share anything, they must get the consent of the other party.
6.
Employment Agreement, Taxation, and N.I
The Agency’s role is limited to introducing Candidates to the Client, and the Agency does not employ them. The Client is accountable for the employment contract with the Candidate, and the Agency bears no responsibility for it. While the Agency offers an employment contract template for the Client’s convenience, the Agency is not liable for it. As soon as the employment contract is signed, it is the Client’s obligation to notify the Agency and provide a signed copy. The Client is responsible for paying their employees’ taxes, pensions, and national insurance contributions.
7.
Data privacy
The Agency hereby pledges to adhere to and implement the protocols set forth in the EU General Data Protection Regulation (GDPR) to safeguard and ensure the integrity of your personal data.
By consenting to this agreement, the client permits the Agency to lawfully process and utilize their personal information (such as name, contact number, email address, physical address, and requirements) exclusively for the agency’s purposes. The data shall not, under any circumstances, be employed for commercial gain.
The particulars have been stored within our databases, including your name, email address, phone number, and requirements linked to your inquiry. This is done to facilitate our ability to assist you better in the future, with all data stored and safeguarded in compliance with existing legislation and regulations.
If there are any changes to your requirements or contact details, please inform us, and we will modify our records accordingly. In the event of any queries or objections, please do not hesitate to contact us via email.
We consider the protection of your information to be of the utmost importance. You may access our Privacy Policy in the appendices for further information.
Our agency will utilize your data to fulfil our responsibility as a recruitment agency. This includes registering you with our agency, introducing you to potential candidates or clients, and promoting your profile or job opportunities. Additionally, we may send you periodic newsletters regarding our services. If you wish to stop receiving them, kindly let us know via email. We will never trade or sell your data to any third party.
8.
Applicable law
This agreement will be subject to the laws of England. By signing, the Client acknowledges that they have carefully read and fully understood the terms and conditions of this agreement and agrees to be bound by them.