Terms & Conditions of Business and Agency Fees
INTERPRETATION OF DEFINITIONS:
|“The Agency”||The Parent & Child Nanny Agency.|
|“The Client”||The person requesting an introduction of Candidates for temporary or permanent employment or representative of that person.|
|“The Candidate”||The Person that is introduced to The Client by The Agency.|
|“The Agreement”||The Client’s agreement and acceptance of the terms and conditions and the contract between the Agency and the Client for the provision of the Services incorporating these Terms and Conditions.|
|“Introduction”||The process of introducing a Candidate to The Client by the Agency.|
|“Instruction”||The instructions provided by The Client, verbally or written to the Agency to introduce candidates that meet the specification set out by The Client.|
|“Engagement”||The employment or use of The Candidate introduced by The Agency.|
|“Employment”||The legally binding agreement between The Client and The Candidate.|
|“Contract of Employment”||The legally binding agreement executed between The Client and The Candidate specifying the terms and conditions of employment.|
|“Agency Fee”||The charge made by the Agency to The Client for the Introduction of a Candidate which results in the engagement of a Candidate with a Client.|
|“Month”||Calendar month (28 – 31 days).|
|“Commencement Date”||The date The Candidate’s Engagement with the Client commences.|
1.1 These Terms and Conditions of Business constitute the entire agreement between the Agency and The Client for the introduction of candidates to be engaged or employed directly by the Client.
1.2 These Terms and Conditions shall in all respects apply to and govern all contracts or agreements made verbally or in writing between The Client and The Agency and supersedes any previous agreements.
1.3 These Terms and Conditions apply regardless of whether The Candidate is engaged by the Client for the same Role as that for which the Introduction was originally effected.
1.4 No variation or alteration to these terms and conditions (including any special terms and conditions agreed between the parties) shall be binding unless the details of such variation are agreed upon between the Agency and the Client and are set out in writing by the Agency stating the date on or after which such varied terms shall apply.
1.5 Where a Third Party (such as the Client’s Personal Assistant) instructs the Agency on behalf of the Client, the Third Party promises that it has authority to bind the Client to this Agreement and all Candidates Introduced by the Agency to the Third Party shall be deemed Introduced to the Client,
2. Use of Service
Immediately following the use of service or engagement by The Client of a Candidate introduced by The Agency to The Client or a third party representative of The Client, The Client must give notice in writing of such use or engagement to The Agency whose fees become payable upon the date of such use or engagement and not on the date that The Candidates duties are due to commence.
The engagement or use of service by The Client of a Candidate introduced by The Agency is an acceptance by The Client of these terms and conditions and of The Agency fees and payment thereof as set out hereunder and in the application form which is deemed to be part of these terms and conditions. No variation of these terms is valid unless agreed in writing by both The Client and The Agency.
4. Employer Obligation
4.1 The Client has an obligation to The Agency to at all times provide complete, truthful and accurate information in connection with contracts, questionnaires and other forms and information required from The Client to The Agency.
4.2 The Client agrees to notify The Agency of any changes in circumstances as and when they take place and cancel The Agreement in writing if services provided by The Agency are no longer required.
4.3 All details relating to employment including but not limited to salary, income tax, national insurance, pensions and any other deductions from pay, hours of work, holidays, days/time off, a notice of termination and suchlike, must be in accordance with HMRC and agreed directly between The Client and The Candidate.
4.4 The Client agrees to provide a copy of The Contractual Agreement between The Client and The Candidate to The Agency within 12 weeks of the commencement start date.
5. Permanent Introductions
5.1 A Permanent Introduction refers to the engagement of The Candidate introduced to The Client by The Agency within 12 months of the introduction date for any period of time outside of a temporary introduction.
6. Payment Terms for Permanent Introductions
6.1 Fees due to The Agency become applicable once a formal job offer has been made by The Client and accepted by The Candidate written or verbally, or on engagement of The Candidate by The Client.
6.2 Invoices delivered by the Agency to The Client must be paid in full within seven days of the invoice date.
7. Refund of Permanent Introduction Fees
7.1 Percentage based refunds for permanent introductions fees are as follows:
- 100% refund: The Candidate cancels the agreement and does not start work
- 75% refund: The Candidate leaves employment within the first week of employment.
- 25% refund: The Candidate leaves employment within the 4 weeks of commencing employment.
7.2 Percentage refunds of agency fees are only made by the Agency if:
- The Candidate is incapable of carrying out their contractual duties as agreed and set out in the offer of employment
- The Candidate is incapacitated and unable to fulfil the role within 12 weeks of the employment start date
- The Candidate leaves employment within 4 weeks of the first day of employment
- The Candidate is instantly dismissed for gross misconduct and legal action is taken by The Client.
7.3 Refunds will not be issued under the following circumstances:
- The Client terminates employment for any reason
- The Candidate has been subjected to racism, discrimination, and prejudice or bullying within the workplace.
- The contractual agreement and requirements set out within the contract of employment or similar agreement have been changed by The Client.
- The Candidate leaves employment due to poor working conditions, or, the workplace is deemed an unsuitable place of work that prevents The Candidate from carrying out their required duties, or, puts any child in a vulnerable or dangerous situation.
- There is an unresolvable dispute between The Candidate and The Client.
- The contractual agreement has been cancelled due to adverse economic, social, and environmental changes.
- The contractual agreement is mutually cancelled by both The Client and The Candidate.
- The contractual agreement ceases after 4 weeks from the first day of employment.
- The Client accepts a suitable replacement Candidate
- The Client requests that no replacement be sought and makes alternative arrangements.
7.4 The Agency reserves the right to assess all refund requests by clients via a written eligibility assessment issued by The Agency. Refunds of fees issued by The Agency for all circumstances will only be made if invoice payments were settled within seven days of the invoice date and The Agency requires 12 weeks to make a decision and process a refund.
8. Candidate Replacement
The Agency may take up to 4 weeks to find a suitable replacement Candidate. If The Agency is unable to introduce at least one new Candidate that matches the criteria set out in The Client’s originally specified requirements as a replacement, The Client will be entitled to a refund as per the percentage refund policy in these terms and conditions. Once a replacement Candidate has been introduced, no further refunds or replacements will be provided.
9. Temporary Introductions
9.1 A Temporary Introduction refers to the engagement of The Candidate introduced to The Client by The Agency for any temporary specified period of time.
9.2 Temporary introduction fees are based on a daily, nightly, weekly or weekend rate fee.
9.3 Temporary introduction fees are payable in advance or on receipt of invoice.
9.4 A 50% refund of introduction fees will be refunded by The Agency to The Client only if:
- The Client informed The Agency that The Candidate could not work in writing immediately
- A replacement was sought in advance of the first booking date and was not available
- A replacement was introduced and declined by The Client
- A claim for a refund is submitted by The Client to The Agency in writing within 7 days of the last day not worked
- None of the points set out in 7.3 of these terms apply
9.5 If The Client decides not to continue the employment of a temporary Candidate that has already been booked and paid for, for reasons other than those above, no refund is available.
9.6 In the event that a temporary Candidate is engaged or re-engaged by The Client on a temporary or permanent basis within 12 months of the last introduction by The Agency, The Client will pay The Agency fees in accordance with The Agencies fees structured below these terms.
10. Introduction Terms
10.1 As soon as The Agency has advised The Client of a prospective Candidate, The Client cannot accept the same Candidate from another agency. If The Client accepts and interviews the same Candidate privately or via another agency within 12 months of being introduced by The Agency, The Client will pay The Agency the related fee as per the Agency terms and conditions.
10.2 In the event that the Agency introduces a Candidate to The Client who has received The Candidate’s details through another person or agency without express permission from The Candidate, The Agency related fee will remain applicable.
10.3 In the event that the Agency introduces a Candidate to The Client on a temporary or fixed-term basis and The Client proceeds to offer permanent employment to The Candidate, The Client must inform The Agency in writing immediately and provide details of the said agreement by which a permanent placement fee will be payable in addition to any temporary fees already paid.
10.4 In the event that The Client fails to inform The Agency of any work carried out by The Candidate as a result of The Client having liaised directly with The Candidate and not informed The Agency in writing within one week, an additional fee of 15% will be payable by The Client to The Agency
10.5 In the event The Client receives details from The Agency of The Candidate who is already known personally by The Client, The Agency fee and terms remain applicable.
10.6 In the event that the Agency introduces a Candidate to The Client on a permanent or temporary basis and The Client provides The Candidate’s details to a third party without permission from The Agency and the third party proceeds to employ The Candidate on a permanent or temporary basis, The Agency fees will be charged to The Client registered with the agency.
10.7 In the event that The Client and The Candidate have communicated directly regarding the said employment, prior to The Agency introducing The Candidate, The Client must inform The Agency in writing within 24 hours of receiving The Candidate’s details from The Agency or The Agency fee and terms remain applicable.
The Agency shall at all times endeavour to find suitable Candidates’ for interview by The Client but it shall remain the sole responsibility of The Client to satisfy him/herself as to the qualifications, references and overall suitability of The Candidate. The Agency will not be held responsible for any loss, damage, liability cost or claim whatsoever, whether caused directly or indirectly by The Candidate, or any negligence on the part of The Candidate.
12. Overseas Placements
12.1 Should The Client wish to place The Candidate in a position out the of the United Kingdom The Client must settle The Agency fee invoiced prior to The Candidate leaving the UK.
12.2 It is The Client’s responsibility to ensure that immigration procedures are complied with and that The Candidate has the necessary passport, visa and work permit.
All information passing The Agency and Employer in respect of The Candidate is strictly confidential and must not be passed on to any other person without the express written permission of The Agency.
14. Payments and Fees
14.1 The Agency is an introduction agency only and does not employ any of The Candidates registered with The Agency. It is at all times the responsibility of The Client to ensure employment with The Candidate is legal and in accordance with HMRC
14.2 Invoice payments must be paid in full by The Client within one week of the date of the invoice. Invoices are issued once a formal offer of employment has been made by The Client and accepted by The Candidate.
14.3 Invoice payments settled later than seven days from receipt of invoice will not be eligible for a refund or replacement.
14.4 Unpaid invoices will be subject to an additional 5% administration fee following thee written payment reminders.
14.5 The Agency will exercise its statutory right to interest and compensation for debt recovery costs under the late payment legislation if payment is not made within the agreed payments terms and following three written payment reminders.
14.6 The Agency reserves the right to amend the Terms and Conditions at any time. Terms and conditions will automatically be updated at the start of a new tax year.
14.7 Returning clients will be charged by The Agency based on the Terms and Conditions applicable at the time the new instruction was made and not based on any previous fee structure.
14.8 Agency fees for permanent introductions are charged based on The Candidates’ weekly gross salary. The Client will be charged based on the predicted highest weekly earnings within a twelve-month period.
14.9 If The Candidates’ salary increases within 12 months of the start of employment, The Client will be charged the difference between the originally agreed salary and the new agreed salary. If a client withholds or provides inaccurate information regarding the number of hours formally offered to The Candidate, The Agency will request a full new introduction fee following a detailed investigation and not the shortfall amount.
15. Cancellation of Instruction
15.1 The Client may cancel this agreement under the Consumer Contracts Regulations 2013. The Terms and Conditions relating to this agreement remain applicable for the duration by which they were set.
15.2 Cancellation must be submitted in writing and any outstanding fees paid up to date.
16 The Agency Fee Structure:
|Introduction Type||Agency Fee|
|Permanent||4 x Weekly Gross Salary (one-off fee, minimum fee £450.00)|
|Introduction Type||Agency Fee|
|Temporary Daily||£40 per 24 hours|
|Introduction Type||Agency Fee|
|Maternity Daily||£40 per 24 hours|
|Introduction Type||Agency Fee|
|Trial Day||£25 per trial day (first trial day discounted against a permanent placement fee)|
|Nursery/childcare setting||£40 per day|
|Nanny share||+ 30% of applicable introduction fee|
|Overseas placements||+ 30% of applicable introduction fee|
|Same day/emergency placements||+ 30% of applicable introduction fee|