Terms & Conditions and Agency Fees

INTERPRETATION: Any reference to “The Agency” is a reference to The Parent and Child Nanny Agency and any reference to “The Employer” is a reference to the persons who have requested The Parent and Child Nanny Agency to introduce to them staff for employment by that person or persons on either a permanent or temporary basis. Any reference to “The Applicant” is a reference to any staff introduced by The Parent and Child Nanny Agency.

1. The engagement or use of service by The Employer of an Applicant introduced by The Agency is an acceptance by The Employer 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 Employer and The Agency.

2. The Employer will at times provide complete, truthful and accurate information in connection with contracts, questionnaires and other forms and information required from The Employer to The Agency. The Employer agrees to notify The Agency of any changes in circumstances as and when they take place.

3. Immediately following the use or engagement by The Employer of an Applicant introduced by The Agency to The Employer or a third party representative for The Employer, The Employer 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 Applicants duties are due to commence.

4. In the event that The Employer and The Applicant have communicated directly regarding the said employment, prior to The Agency introducing The Applicant, The Employer must inform The Agency within 24 hours of receiving The Applicant’s details from The Agency or fees to The Agency will be due and these terms will still apply.

5. Temporary Applicant introduction fees are based on a daily, weekly or weekend fee. The Employer will be invoiced for the duration of the booking in advance of the employment commencement date. If The Applicant is unable to work or carry out his/her duties, a 50% refund for time not worked, can be claimed within 10 days of the date in question and subject to a replacement applicant not being available. If The Employer decides not to continue the employment of a temporary Applicant that has already been booked and paid for, for reasons other than those above, no refund is available.

6. In the event that a temporary Applicant is engaged or re-engaged by The Employer on a temporary or permanent basis within 12 months of the last introduction by The Agency, The Employer will pay to The Agency fees in accordance with The Agencies fees structured below these terms.

7. Fees due to The Agency become applicable once a formal job offer has been made by The Employer and accepted by The Applicant written or verbally, or on engagement of The Applicant by The Employer.

8. Invoices delivered by the Agency to The Employer must be paid in full within seven days of the invoice date. Percentage refunds of agency fees are only made by the Agency if:

8.1 The Applicant is incapable of carrying out their contractual duties as agreed
8.2 The Applicant is incapacitated and unable to work
8.3 The Applicant leaves employment within 4 weeks of the first day of employment
8.4 The Applicant is instantly dismissed for gross misconduct and legal action is taken by the Employer.

9. Refunds for permanent placements will only be given if agency fees have been paid in relation to the agreed terms and conditions of payment and depending on that a suitable permanent replacement cannot be found within a 4 week period from the date The Agency was informed that The Applicant left employment. If a suitable replacement is found, no further refund of fees will be reimbursed by The Agency. The Agency will in all cases charge a minimum £300 administration fee before any refunds are made or when a replacement has been placed. A refund of placement fees from the Agency to the Employer are as follows:

9.1 50% refund if The Applicant leaves employment within 2 weeks of the first date of employment.
9.2 25% refund if The Applicant leaves employment within 4 weeks of employment.

9.3 No refund is available after 4 weeks from the first day of employment.
No refund is available where The Employer requests that no replacement be sought.
No refund is available where The Employer makes other arrangements while a replacement is being sought.
If The Applicant leaves their employment due to a change in job description or poor working conditions, and The Applicant provides a full written statement to The Agency, no claim for refund can be made.
Termination of employment by The Employer for any other reason does not qualify for a refund.
The Agency reserves the right to assess all refund requests by clients via a written eligibility assessment. Refunds by The Agency for all circumstances will only be made if invoice payments were settled within seven days of the invoice date.

10. The Agency may take up to 4 weeks to find a suitable replacement Applicant. If The Agency is unable to introduce at least one new Applicant as a replacement, The Employer will be entitled to a refund as per the percentage refund policy in these terms and conditions. Once a replacement applicant has been introduced, no further refunds or replacements will be provided.

11. All details relating to employment including but not limited to salary, income tax, National insurance and any other deductions from pay, hours of work, holidays, days/time off, a notice of termination and suchlike, must be agreed between The Employer and The Applicant. The Employer must also provide copies to the Agency of the said agreement.

12. All information passing The Agency and Employer in respect of the Applicant is strictly confidential and must not be passed on to any other person without the express permission of The Agency.

13. A Nanny Share refers to the scenario whereby The Nanny works for multiple employers at one time. One introduction fee is charged plus 20% of applicable introduction fee charged to each employer regardless of how many Employers are involved in the Nanny Share. All Employers are required to register with The Agency.

14. The Agency shall at all times endeavour to find suitable Applicants’ for interview by The Employer but it shall remain the sole responsibility of The Employer to satisfy him/herself as to the qualifications, references and overall suitability of The Applicant. The Agency cannot be held responsible for any loss, damage, liability cost or claim whatsoever, whether caused directly or indirectly by The Applicant, or any negligence on the part of The Applicant.

15. Should The Employer wish to place The Applicant in a position out the of the United Kingdom The Employer must immediately upon engagement provide The Applicant with a valid return ticket and The Agency the amount of the fees due to them in respect of that Applicant. It is The Employer’s responsibility to ensure that immigration procedures are complied with and that The Applicant has the necessary visa or work permit.

16. As soon as The Agency has advised The Employer of a prospective Applicant, the Employer cannot accept the same Applicant from another agency. If The Employer accepts and interviews the same Applicant from another agency within 12 months of being introduced by The Agency, The Employer will pay The Agency the related fee as per the Agency terms and conditions.

17. In the event that the Agency introduces an Applicant to The Employer who has received The Applicant’s details through another agency without express permission from the applicant, the terms of The Agency will apply.

18. In the event that The Employer liaises directly and books a temporary Applicant introduced by The Agency without completing the booking and payment process, an additional fee of 15% will apply to the said invoice.

19. In the event that the Agency introduces an Applicant to The Employer on a temporary or fixed-term basis and proceeds to offer permanent employment to the Applicant, The Employer will be responsible for two agency fees to cover loss incurred by the Agency.

20. In the event The Employer receives details from The Agency of The Applicant who is already known by The Employer, The Agency terms will apply.

21. In the event that the Agency introduces an applicant to The Employer on a permanent or temporary basis and the employer provides The Applicant’s details to a third party without permission from The Agency and the third party proceed to employ The Applicant on a permanent or temporary basis, agency fees will be charged to The Employer registered with the agency.

22. Payment Terms: Invoice payments to be received by us no more than seven days from the date of invoice. Invoice payments received later than seven days from receipt of invoice will not be eligible for a refund or replacement. Unpaid invoices will be subject to a £150 administration fee prior to legal action following 3 written reminders. The Agency will exercise its statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid within the agreed payments terms.

23. 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. Agreement of terms at the time of registering with The Agency will automatically update of terms and conditions at the start of each new tax year.

24. Permanent placement fees are charged at three times the applicants’ weekly gross salary. The Agency base this on the highest weekly contracted salary paid within a 12 month period and not an annualised salary. If The Applicants’ salary increases within 12 months of the start of employment, The Employer will be charged a subsequent Agency fee based on the new agreed Gross salary. If a client provides inaccurate information regarding the number of hours formally offered to an applicant, the agency will request a new fee based on 3 x weekly gross salary and not the shortfall amount.

25. The Agency fee structure is as follows:

Permanent Introductions (indefinite period over 12 weeks)
Full-Time Introduction – 3 x Weekly Gross Salary (minimum fee £400.00)
Part-Time/Weekend introduction – 3 x Weekly Gross Salary (minimum fee £400.00)
Trial Day – £25.00 per day

Temporary Introductions (up to 12 weeks)
Week Day Introduction – £30.00 per day/night
Weekend Introduction – £30.00  per day/night
Public Holiday Introduction – £40.00 per day/night
UK Proxy-Parent Introductions – £60.00 per 24 hours
Emergency (same day) Introductions – £60 per day/night/weekend day
Tutor introductions – £10 ph

Holiday Nanny Introductions
UK Holiday Nanny and babysitting Introductions – £40 per nanny per day/evening
Overseas Holiday Nanny Introductions – £80 per 24 hours

Maternity Bookings
Part-Time Maternity Introduction – £30 per 24 hours
Full-Time Maternity Introduction – £160 per week (up to 7 days)
Maternity Standby – £350

Residential Babysitting Introductions (Membership)
Single booking Introduction £25.00 (after 7 pm)
Regular Babysitter Introduction -£250.00

Event Childcare Introductions
Event Nanny Service – £50 per Event Nanny per day
Mobile Crèche Service – POA

Hotel Childcare Introductions
Hotel Nanny and Babysitting Service – £40 per Hotel Nanny per day/evening

Nanny Share Introductions
Nanny Share (up to 4 employers) – 1 temporary or permanent introduction fee plus 50% of applicable introduction fee charged to each employer.

Nursery/Childcare Setting Fees
Temporary £30 per day
Permanent £950