Terms
TERMS AND CONDITIONS
Please read this document carefully as it sets out the terms and conditions between Nurturing Nannies (the Agency) and the employer (the Client) relating to the introduction of temporary and permanent staff to you (the Client) by Nurturing Nannies (the Agency), which is a legally binding contract.
DEFINITIONS
“Agency” means Nurturing Nannies
“Candidate” means any Nanny, Housekeeper, Mothers Help, who is introduced
(whether orally or in writing) to a Client by the Agency.
“Commencement Date” means the date upon which an Engagement commences
“Client” means any person (including any firm or corporate body)
to whom a Candidate is introduced.
“Engagement” means the Client making an arrangement to engage, employ or use a Candidate
“Full-time Candidate” means a Candidate whose appointment exceeds
30 hours per week.
“Part-time Candidate” means a Candidate whose appointment does not exceed
30 hours per week.
“Permanent Placement” means the placement of a Candidate whose appointment exceeds 12 weeks in duration.
“Temporary Placement” means the placement of a Candidate whose appointment does not exceed 12 weeks in duration.
1. OBLIGATIONS OF THE CLIENT
1.1 By registering with Nurturing Nannies Nanny Agency either verbally or through written instruction the Client accepts and wholly understands Nurturing Nannies Terms & Conditions of Business. Any and all business undertaken by The Agency is transacted subject to the conditions herein set out, each of which shall be incorporated and implied by any agreement with The Agency.
1.2 If, and only if, the Client is an individual consumer, then he / she may cancel this Agreement within 14 days (“cooling off period”) of entering into it. Accordingly, the Agency is under no obligation to commence provision of the Services until after the expiry of that cooling-off period.
1.3 If the Client requires the Agency to provide the Services sooner than 14 days after the Agreement has been made, he / she must instruct the Agency to do so in writing, acknowledging that he / she will lose his right to cancel upon such instruction.
1.4 .The Client acknowledges that the Agency provides an introductory service only to introduce suitable candidates to work as nannies, maternity nurses, mother’s help, or other child care professionals and it is the Client who employs the Candidate. The Agency does not employ any of the Candidates directly or indirectly. Candidates are introduced to Clients on the basis that they will be employed by the Client unless the Candidate is self-employed.
1.5.The Client undertakes to notify the Agency immediately upon any offer of employment to a Candidate that has been accepted and to provide details of the Remuneration to the Agency.
1.6.It is the obligation of the Client to immediately inform the Agency if a Candidate introduced by the Agency has already been introduced by a third party. If the Client fails to inform the Agency, then it will be presumed that this Introduction has been effected by the Agency and the relevant fee will become payable.
1.7.The Client is solely responsible for ensuring compliance with all employment, fiscal, and other relevant legislation and regulations and all taxation obligations including, without limitation, National Insurance contributions relating to the Engagement and any and all payments made to a Candidate and in any other way relating to the Engagement.
1.8.The Client is responsible for agreeing to remuneration and must provide the Candidate with a written contract of employment, prior to the commencement of the Candidate’s employment. The Client in any event warrants that conditions relating to tax, National Insurance, working hours, holiday and sickness benefit, accommodation, remuneration, notice and grievances shall be notified in writing to the Candidate on Engagement.
1.9.If the Client requests a Candidate who is qualified to drive, the Agency will submit details of candidates who have stipulated that they hold a valid driving license for the UK and will endeavor to obtain a copy of their driving license, but the Agency is unable to make any guarantees about the Candidate’s driving qualifications or the standard of their driving. It is the responsibility of the Client to verify the Candidate’s driving standard and qualifications and ensure that the Candidate is adequately insured.
2 OBLIGATIONS OF THE AGENCY
2.1 The Agency will take all reasonable steps to introduce Candidates who are of sound character, honest and reliable but cannot be held responsible for the conduct of a Candidate.
2.2 The Agency endeavors to ensure the suitability of the Candidate based on the information the Client has provided but the Agency does not guarantee the suitability of any Candidate introduced to the Client and makes no warranty or representation expressed or implied in respect of any Candidate. The final decision to employ a candidate is the sole responsibility of the Client. The Client shall therefore satisfy themselves as to the suitability of the Candidate and the Client shall take up any references provided by the Candidate and/or the Agency before employing a Candidate. The Agency does not accept any liability for any inconvenience, damage or loss arising whether caused directly or indirectly from any act or omission of a Candidate introduced to the Client by the Agency. The Agency offers no warranty for a Candidate’s character, honesty, reliability, suitability or capacity.
2.3 The Agency can provide for the Client and the Candidate a draft standard Contract of Employment but makes no representations whatsoever in relation to that document and cannot provide any legal advice to either party as to its content or the terms of employment between the Client and the Candidate or in fact any terms and conditions therein.
2.4 The Agency does not operate a payroll system but can refer the Client to a nanny payroll tax specialist if requested.
3. Fees
We charge 5 x the weekly net salary of the nanny.
Live out Nanny
Live-in Nanny/Mother’s helper
After school/part-time nanny
Nanny share ( nanny required by two families) one fee shared by both families.
Maternity nurses: £30.00 per day / £100.00 a week 5-7 days
Temporary nannies/ night nannies : £30.00 a day . If 5-7 consecutive days are booked the fee is capped at £125.00 for the week. Temporary bookings are deemed permanent if longer than 12 weeks.
4. THE AGENCY WILL ONLY UNDERTAKE BUSINESS UNDER THE FOLLOWING TERMS:
4.1 The Terms are deemed to be accepted by the Client by virtue of either
a) The Client’s Verbal instruction to the Agency to submit suitable Applicants for any Position
b) And / or the submission in any format of a completed Family Registration Form to the Agency, whether that form is signed or unsigned by the Client or the Client’s agent (whichever first occurs).
c) an interview, acceptance and/or Engagement of an Applicant through the Agency
4.2 These terms and conditions supersede all previous terms of business.
4.3 Any extension, waiver or variation to these Terms may only be in writing signed by Nurturing Nannies.
4.4 The full Agency Fees will become payable when a Candidate introduced by the Agency is offered and accepts employment with the Client, either by verbal or written agreement, and not at the commencement of employment.
4.5 The Client agrees to pay all Agency Fees within 10 days of the date of the invoice submitted by the Agency.
4.6 Nurturing Nannies holds the right to withhold start date of the nanny if the agency fee has not been paid.
4.7 If a Candidate is solicited to work for the Client with the intention of bypassing the Agency’s Fees then the Client will be invoiced the fee then chargeable by the Agency for the relevant Placement.
4.8 The client must notify the Agency if a Temporary contract is to be extended. The Agency will revise the fee and the invoice must be paid with immediate effect.
4.9 If the Agency applies a discounted placement fee and the client fails to make full payment by the due date specified on the invoice, then the fee for the un-discounted placement becomes immediately due and payable. The Agency will then raise an invoice for the appropriate un-discounted fee as set out in these Terms and Conditions and is payable immediately.
4.10 The Agency reserves the right to change these terms of business without any prior notification.
4.11 If a candidate is engaged on a trial basis but the Placement does not become permanent, the fee chargeable is calculated on a temporary basis. Each client is offered the opportunity of employing a candidate on a trial of no more than 2 days free of charge, before temporary or permanent fees will be charged.The Client is responsible for paying the Candidate directly for the Trial Period at the hourly sum agreed between the Client and the Candidate.
5 Nurturing Nannies Guarantee and refunds:
5.1 All fees must be paid within 10 days of the date of the invoice submitted by the Agency, which will be issued immediately after the Client has accepted either verbally or in writing a Candidate for employment. If settlement is not received within this time‐scale, the replacement and refund provisions detailed below will not apply. The Agency reserves the right to charge interest on unpaid invoices in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 and any subsequent amendments, calculated from the due date until the date of actual payment. Late payments may also incur a late payment administration charge of twelve pounds for every weekly reminder.
5.2 Should the Candidate fail to take up an Engagement A FULL REFUND WILL BE MADE provided the Client advises the Agency, in writing, within 7 days of the failure. First and foremost the Agency will endeavour to find the client a replacement. Should this not be possible The Agency will provide a full refund.
5.3 The Agency cannot guarantee that the Candidate will complete his or her proposed length of Engagement.
5.4 If the Engagement is lawfully terminated by the Client or Candidate within 8 eight weeks of the date of commencement of a permanent Placement or within the invoiced period of a temporary Placement, the Agency will use all best endeavors to find a suitable replacement Candidate for the Client by reference to the Candidate’s experience and/or qualifications and the Client’s job specification from the date of the Client’s notification to the Agency at no extra cost to the Client. We offer a maximum of 3 replacement candidates.
A refund will only be valid provided that:
the Client notifies the Agency in writing within 3 days of the termination of employment;
the Client allows the Agency to introduce a suitable replacement Candidate to the Client, The Agency is given 14 days to provide this
A replacement cannot be found;
all payments due to the Agency under these terms and conditions have been made by the due date;
the Client has not failed to carry out any of its obligations under these terms and conditions and current employment legislation;
the Candidate did not leave due to a change in the job description or a change in the work location, or due to unreasonable working conditions;
the Placement did not fail as a result of unreasonable demands by the Client;
the Client has requested that no replacement Candidate be sought
the Client has not found a new carer via another source after advising the Agency to look for a replacement Candidate;
the client has not varied the request for replacement from that of the original specification;
5.5 In the event that the Agency puts forward a Candidate (or Candidates) that it considers to be suitable by reference to the Candidate’s experience and/or qualifications and the Client’s job specification and the Client unreasonably fails to offer the Candidate a position on the same terms as the previous Candidate’s terms, then the Agency shall be under no further obligation to offer further replacements or a refund of the Introductory fee.
5.6 If the Client finds the Candidate unsuitable yet retains the Candidate in their employment the Client is liable to pay the full Agency fee and the Agency will offer no refund.
5.7 The Client will no longer be eligible for a refund after the first Candidate has been replaced.
5.8 Whilst the Agency shall endeavour to find a replacement Candidate the Agency makes no guarantee that such a Candidate will be found.
5.9 Once one replacement candidate has been found, there are no further refunds or replacements offered, In the event that a free replacement cannot be found by the Agency. The Agency will offer the client a refund for the original fee paid minus £175.00 Admin charges and less our standard rate of Temporary nannies of £30 a day for each day , the nanny has worked within the 8 week period. After 8 weeks the candidate is deemed satisfactory and no refund will be given.
6 Temporary Placements
6.1Where a Candidate for a temporary position leaves the Client’s employment within the invoiced period, a refund will be available for each complete week not worked if the agency cannot find a replacement.
6.2 A Temporary Placement is deemed satisfactory after 2 days unless the Agency is notified to the contrary within the first 2 days from the start of the temporary Placement. No refund will be payable should a Candidates employment be terminated after 2 days.
6.3 In the case of temporary Placements the relevant fee is based on the number of weeks initially requested. No refund or deduction from the Agency fee will be given if the number of weeks is subsequently reduced on a
temporary Engagement. Similarly no refund or deduction will be made if an Engagement is reduced from full-time to part time or permanent to temporary.
6.4 If the Client has to delay the commencement of the Engagement of the Candidate (for example because of the birth of a baby later than expected) then the Client shall be liable to pay the Candidate the full agreed weekly salary from the agreed date of commencement and no refund of the Agency Fee or any part thereof shall be payable.
6.5 The invoice issued by the Agency must be settled in full prior to the Candidate commencing employment with the Client and in respect of overseas placements, any invoice must be settled by the Client prior to the date that the Candidate departs for such placement. In the case of Candidates for temporary positions, the Client agrees to settle any invoice prior to the commencement of the temporary placement.
6.6 The Client shall be liable for and shall indemnify the Agency against all costs and expenses incurred by the Agency in respect of any steps, actions or proceedings made or brought against the Client by the Agency to obtain payment of outstanding Agency Fees and interest.
6.7 If the Client offers the candidate a permanent position within 6 months of starting the temporary position , then a fee to the agency will be applicable. The Client will be sent a new invoice minus the temporary fee that has already been paid for the candidate.
6.8 If the Client does not pay the Agency fee in advance of the start date. The Agency reserves the right to withhold the Candidate from starting the position.
6.9 We understand that the client may need the candidates contact number for the duration of her employment. Any further bookings should be made through the agency not the candidate directly. The Client is obliged to notify the Agency straight away should future dates be required.
7. Cancellation Fee
7.1
If the Client changes their mind and does not go ahead with a placement (where a Candidate has been offered employment and has accepted), then the full relevant fee is still payable, even if no employment contracts have been signed. If the Client wishes to cancel a booking due to extenuating circumstances, the Client can do so by informing the Agency in writing providing fourteen working days notice, the Agency reserves the right to charge 100% of the fee for work incurred.
7.2.Less than 14 days notice before candidate is due to commence , or in the event that the Client cancels the booking with no prior notice of intention to cancel and no written notice of the reasons for the termination, the Client shall be bound by the Terms of this agreement to pay the Maternity Nurse or Nanny 100% of the gross salary of 2 weeks agreed pay.
7.3 There will be no charge if the Candidate cancels the Engagement before the commencement date.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Agency for death or personal injury, however the Agency shall not be liable for any direct loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Agency in the insurance year in which the Clients claim is first notified.
8.2 The Agency accepts no liability for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act or omission by any Candidate introduced to the Client by the Agency.
9. Data Processing
“Data Protection Legislation” means (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
9.1 The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and the Agency is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
9.2 The Agency shall, in relation to any Personal Data (as defined in the Data Protection Legislation) processed in connection with the performance by the Agency of its obligations under this agreement:
(a) process that Personal Data only on the written instructions of the Client for the purposes of carrying out a childcare search in accordance with the terms of this agreement unless the Agent is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Agent to process Personal Data (Applicable Laws). Where the Agent is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Agent shall promptly notify the Client of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Agent from so notifying the Client;
(b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Client, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
(d) assist the Client in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(e) notify the Client without undue delay on becoming aware of a Personal Data breach;
(f) at the written direction of the Client, delete or return Personal Data and copies thereof to the Client on termination of the agreement unless required by Applicable Law to store the Personal Data; and
(g) maintain complete and accurate records and information to demonstrate its compliance with this clause.
9. GOVERNING LAW
These Terms and Conditions of Business are governed by and construed in all respects in accordance with the law of England and Wales and the Client agrees to submit to the exclusive jurisdiction of the Courts of England & Wales.