Terms and Conditions of Business
IDEAL NANNIES
Ideal Nannies
1 Lyric Square
Hammersmith
London W6 0NB
Tel: 0208 150 9779
e-mail: info@idealnannies.com www.idealnannies.com
TERMS AND CONDITIONS OF BUSINESS
The Ideal Nannies Terms and Conditions of Business are a legally binding Contract between the Employer or Client, herein after to be called the ‘Client’ and Ideal Nannies herein after to be called ‘the Agency’.
DEFINITIONS
‘Client’ shall include any person, parent, member of the family, or third Party appointed by such person, parent or member of the family. ‘Candidate’ shall include any person to whom the agency introduces to the Client as being available for work or hire. ‘Services’ means the introduction of a Candidate by the Agency to the Client in accordance with this agreement. Introduction’ means the Client interviewing a Candidate in person or by telephone or other means and or receiving from the Agency by email, fax, telephone, post or other means a candidates details, Curriculum Vitae or other personal information.
‘Placement’ means an agreement between the Client and the Candidate that the Client shall employ or use the services of the Candidate. This Agreement may be oral or in writing (whichever is earlier).’Engagement fee’ means the engagement, employment, or use of the Candidate by the Client or third party on a Permanent or Temporary basis, whether or not a written contract is subsequently entered into.
The provisions of these Terms and Conditions of Business shall unless the context otherwise requires be construed as follows:
Obligations and liabilities of the Client comprising more than one person are obligations and liabilities of such persons jointly and severally words importing one gender include all other genders.
The singular includes the plural and vice versa.
Headings to clauses of these Terms and Conditions of Business are there for convenience and do not affect the interpretation or construction of these Terms and Conditions of Business.
ENGAGEMENT FEES
UK PLACEMENTS
PERMANENT
Daily or Live in Permanent Staff UK
Full or Part-time 6 weeks net salary
TEMPORARY
Temporary Staff UK £80.00 per week or any part of week
MATERNTIY NURSES
Maternity Nurses UK £80.00 per week or any part of week
NANNY SHARES
The Nanny Share families will be jointly charged the applicable engagement fee if the Nanny share and Nanny were introduced by the Agency. If the Agency introduced the families and they find a Nanny elsewhere, each family will be charged £495 for the service provided.
OVERSEAS PLACEMENTS
PERMANENT
Permanent Overseas Staff 20% of agreed annual net salary
TEMPORARY
Temporary overseas Staff £110.00 per week or any part of week
Maternity Nurses overseas £110.00 per week or any part of week
1. The Agency’s Fees for the introduction becomes payable upon confirmation of booking the Candidate, verbally or in writing (not the date on which the booking commences) The fee must be paid in full within seven days of the date of invoice, or prior to the commencement of employment, whichever is sooner in order to qualify for the guarantee period.
2. VAT (Value Added Tax) will be added to all accounts.
3. A surcharge of 10% is added to all engagement fees not settled in accordance with clause 1 above.
4. The Agency accepts payment by cheque or bank transfer.
BOOKING THE CANDIDATE
5. All bookings of Candidates introduced by or through the Agency must be made with or through the Agency. If a Candidate is solicited to work for the Client with the intention of bypassing the Agency’s engagement fees the Client will be invoiced the applicable fee chargeable by the Agency for the relevant placement.
6. The Client must immediately notify the Agency when a Candidate supplied by the Agency is engaged by the Client. As a result of such an engagement, the Client agrees to pay the Engagement fee as outlined in these Terms and Conditions of Business.
7. Once a booking has been confirmed, if the Client cancels the booking before the Candidate commences their employment the Client will be charged a cancellation fee of 50% of the Engagement fee.
8. Should a Candidate fail to commence employment, the Agency will endeavour to find a suitable replacement. If a suitable replacement cannot be found, a full refund will be provided.
9. Clients wishing to engage, reengage retain or extend the services of Candidates in any capacity, whether paid or unpaid that were introduced to them by the Agency must re-book through the Agency not directly with the Candidate/Employee. The Agency’s applicable engagement fees will be charged for the period that the Candidate is retained. The payment terms as outlined in clause 1 shall apply.
GUARANTEE TERMS
10. A PERMANENT booking is deemed satisfactory after 12 weeks and thereafter the replacement guarantee will no longer apply.
11. A TEMPORARY booking 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 Employment. In the event that the Candidate cancels the booking prior to or during their employment, the Agency will endeavour to find a suitable replacement. If a replacement cannot be found, a refund for the weeks booked but not fulfilled will be provided.
12. A replacement is conditional and will only apply if the Client has settled the invoice in full as outlined in clause 1 and provided that:
A. The Candidate has left/has given notice to leave the Clients employment within 12 weeks of their employment commencing
b. The Client notifies the Agency IN WRITING within 3 days of the termination of employment.
C. Neither the Client nor any subsidiary or associated Company of the
Client shall engage the Applicant within 12 months from the date of termination of engagement.
D. The Candidate has not terminated his/her employment due to mistreatment, unreasonable conditions, or conditions materially different from those stated when the vacancy was registered with the Agency or as outlined in the contract of employment.
13. Clients retaining the services of an employee beyond the guarantee period, however unsatisfactory, paid or unpaid will receive no replacement.
14. No free replacement will be applicable if the Client has failed to honour a previously agreed start date, or has prevaricated over the date to such an extent that the Candidate has sought employment elsewhere.
15. The client will no longer be eligible for a free replacement after the first Candidate has been replaced.
GENERAL CONDITIONS
16. These Terms and Conditions of Business between the Agency and the Client are deemed to be accepted by the Client if a Candidate introduced by the Agency is interviewed by the Client or the Candidate commences employment with the Client introduced by the Agency.
17. Introductions of Candidates are strictly confidential and are not to be passed on by the Client to any other person. The passing on of an introduction to another employer, which results in an engagement of the Candidate, renders the Client liable for full payment of the engagement fee.
18. It is the obligation of the Client to inform the Agency if a Candidate introduced by the Agency has already been introduced by a third party. If the client fails to notify the Agency, then it will be presumed that the introduction has been made by the Agency and the relevant engagement fee will become payable.
19. The Client acknowledges that the Agency provides an introductory service only between Clients and Candidates. The Agency does not directly or indirectly employ Candidates. Candidates are introduced to Clients on the basis that they will be employed by the Client unless the Candidate is self employed. Employees shall be under the supervision, direction and control of the Client.
20. The Client is responsible for paying the agreed salary net of Income Tax and National Insurance liabilities directly to the Employee (or the bank of their choice) and for arranging all work permits/immigration requirements, health insurance where applicable or other approvals necessary for the Candidate prior to the commencement of employment.
21. The Agency provides an introductory service only and is not responsible for providing the contract of employment between the Client and Candidate. These are to be arranged directly between the Client and the Candidate. The Agency can provide a specimen contract of employment to be used only as a guide for the Client.
22. The Agency will endeavour to introduce only reliable Candidates but the Agency cannot under any circumstances accept responsibility or liability whatsoever for the acts and omissions of Employees introduced or for any loss, expense or damage arising from any reason there from.
23. No responsibility or liability whatsoever can be accepted by the Agency, its Proprietor, employees, agents or associates for any costs, claims, demands,damages, losses, expenses or liabilities whatsoever and howsoever caused to the Client or their property arising from any introduction or booking effected or attempted by or through the Agency, any warranty and/or representation concerning the history, character, age, capability or suitability of Candidates introduced or booked. Whilst the Agency endeavours to personally interview Candidates and check references it is the Clients responsibility to satisfy themselves as to the suitability of the Candidate for engagement.
24. The Agency is unable to give and does not give and there is not to be taken as implied, any warranty and/or representation that any Employee is or will in fact be available to fulfil a booking made by or through the Agency for their introduction to the Client or that they will in fact be available to fulfil any employment offered by the Client.
25. The Agency’s engagement fee will be payable by the Client In accordance with clause 1 whether the Employee is satisfactory or unsatisfactory.
26. It is customary for Clients to reimburse travelling expenses for applicants attending an interview from outside London
27. The Agency reserves the right to change these Terms and Conditions of Business without prior notification
28. If any provision of these Terms and Conditions of Business is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and Condition of Business and the remainder of the affected provisions shall continue to be valid.
29. These Terms and Conditions of Business shall be governed by and construed in all respects in accordance with the laws of England and the Client agrees to submit to the exclusive jurisdiction of the English courts.
30. These Terms and Conditions of Business supersede any previous agreements, arrangements, documents or other undertaking either written or oral.
We declare that I/we have read understood and accept the Agency’s Terms and Conditions of Business set out above and agree to be bound by them.
Please print Name: …………………………………………………………………………..
Signature: …………………………………………date…………………………
