These terms and conditions represent a legally binding contract between the employer and Richmond Nannies relating to the introduction of permanent and temporary staff to you by Richmond Nannies.
TERMS AND CONDITIONS OF BUSINESS
1. In these Terms and Conditions of Business the following definitions apply:
“Candidate” means the person introduced by the Agency to the Client searching for a position in a private home.
“Client” means the person engaging with the Agency searching for a Candidate for a fee.
“Agency” means “Richmond Nannies”, 114A Heath Road, Twickenham, TW1 4BW.
“Engagement” means the engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis, whether under a contract of service
or for services;
“Registration form” means a form for the Client to complete with written details of the services required from the Agency.
“Introduction” means (i) the Client’s interview of a Candidate in person or by telephone, following the Client’s verbal or written instruction to the Agency to search for a Candidate; or (ii) the passing to the Client by the Agency via telephone, fax, email, post or otherwise of a curriculum vitae or other information which identifies the Candidate. Unless the context requires otherwise, references to the singular include the plural.
2. Subject to clause 19 below, the Agency undertakes business on the following terms which shall represent a legally-binding contract between the Agency and the Client. These Terms and Conditions of Business should be read in conjunction with the schedule headed “Fees” which forms part of these Terms and Conditions of Business.
3. Fees will be invoiced in full on confirmation of an Engagement for the appropriate fee to the client. All fees must be paid in British Pounds Sterling within 7 days of the date of the invoice, or prior to the commencement of the Engagement, whichever is the earlier. If settlement is not received within this time-scale, the replacement and refund provisions detailed below will not apply. The Company reserves the right to charge interest of (3-10%) on unpaid invoices in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 and any subsequent amendments. All fees and other charges payable are not subject to VAT at present (the Agency is currently not VAT registered). Fees are payable to the agency on the acceptance, either verbally or in writing by a candidate of a position with the client and not at the commence of the employment. It is the clients full responsibility to inform the agency if a candidate has been offered employment.
3a. If the payment has not been received within 30 days of the original date of the invoice the Agency has the right to pass the debts onto a Debt collection agency may resulting in an additional costs to the clients. The Agency is entitled to recover reasonable costs incurred by the late payment from the Client.
3b. If bank transfer is returned or refused for any reason by the bank the agency has a right to charge an additional administration fee of (£20).
3c. All Fees relate to only one Placement. The placement fee for permanent placements will become due and payable within 7 days from the date of the invoice submitted by the agency (ie when an offer has been made to a candidate and not at the commence of the job) and this will be subject to a 10% surcharge if not paid in this time. A further 10% surcharge will be added on each month after that. We do not accept payment by cheques or card, only bank transfer.
4. The Agency is not an employer of Candidates but acts as an introduction and referral agent of Candidates to its Clients, once the registration form had been submitted.
5. The Client will be deemed to have accepted the Agency’s Terms and Conditions of Business when an Introduction takes place.
6. All information provided by the Agency including personal details of Candidates should be treated as strictly confidential. The Candidates information will only be passed onto the
will render the Client liable to payment of the Agency’s fee with no entitlement to any refund.
6b. All information provided by the Clients to the Agency of requirements of full details of the role and responsibility needed of the Candidate, the Client is accepting and agreeing for the information to be shared with suitable Candidates.
6c. The Client agrees to provide true and accurate information to the agency.
6d. The Agency agrees to provide the client with true and accurate information about the Candidate.
7. The Client undertakes to inform the Agency of any offer of Engagement to a Candidate including the start date of the Engagement. The Client must agree with the Candidate prior to the commencement of the Engagement details of all material terms including duties, pay, hours and place of work, holidays and notice period. The Agency will assume that all details of the Engagement have been agreed between the Client and the Candidate unless the Client informs the Agency in writing to the contrary prior to the commencement of the Engagement.
7a. The Client agrees to a ‘trial day’ as a paid day at a rate pre-negotiated. The ‘trial day’ shall be no longer than 10 hours and take place on an agreeable day by both parties. The Client will inform the Agency when this day will take place.
8. Candidates are introduced by the Agency on the basis that should the Client wish to use their services, the Client will employ the Candidate directly in accordance with the prevailing employment legislation including without limitation paying the Candidate’s Tax and National Insurance contributions (unless the Candidate provides written evidence that they are self-employed); and that the Client is providing a suitable working environment which does not compromise the health and safety of the Candidate.
9. When confirming temporary or maternity Engagements, the Client should detail at the outset the length of the Engagement. The full fee applicable to the length of the booking will be invoiced on confirmation of the Engagement. Should the Engagement be extended by the Client, or the Candidate’s services be used again within 6 months of the termination of the previous Engagement, a further fee will be payable. The Client agrees to notify the Agency of any such changes. Equally, should an initial temporary or maternity Engagement result in a permanent Engagement within 6 months of the date of commencement of the initial Engagement, the permanent fee shall be payable unless the temporary fees are greater in which case the temporary fees shall be payable. The
Agency’s fee is specific to the Introduction of an individual Candidate. Any subsequent Introduction or Engagement of further Candidates shall be subject to a further fee.
10. Records of all Introductions are kept by the Agency within suitable time frame in accordance to the laws sent out in The General Data Protection Regulations (GDPR). The Client undertakes to inform the Agency immediately should the Agency introduce a Candidate whose details have already been introduced to the Client from another source. If the Client fails to do so and an offer of Engagement ensues, the introduction fee will be payable by the Client, to the Agency.
10a. In circumstances where the Client may have prior knowledge of a proposed Candidate, in a context other than as an applicant for the job vacancy, and where the Agency has made the Client aware of the said Candidate’s availability and suitability for the Client’s job description, the Agency’s introduction fee will be payable.
10b. In circumstances where the Client makes an offer of Engagement to a Candidate for a position other than in accordance with the original job description, the Agency’s
introduction fee remains payable.
11. Should the Client cancel a permanent, temporary or maternity Engagement after terms have been agreed but before the Engagement commences, the Client will be liable for 50% of the original placement fee. In exceptional extenuating circumstances this fee may be waived at the sole discretion of the Agency.
11a. Should the Client cancel the Engagement set out in clause 11, the Client agrees to pay the Candidate one week’s salary to compensate for lost of earnings.
11b. Should the Client cancel a permanent, temporary or maternity Engagement once employment has commenced, no refund or replacement will be due, subject to the provisions of clause 13.
12. In confirming the Engagement of a Maternity Nurse, the Client must confirm dates in writing to the Maternity Nurse and is liable to pay the nurse from the date she is booked regardless of the fact that the baby may arrive earlier or later than expected. Equally should the Maternity Nurse commence the booking later, or end it earlier, or otherwise not work for the period originally agreed, no refund will be given for the fees paid to the Agency. Most Maternity Nurses have their own contract which they will ask the Client to sign. Some Maternity Nurses ask for a deposit, which may be non-refundable should the booking be cancelled in unforeseen circumstances. In the event that the Maternity Nurse should need to cancel the booking prior to commencement or during the booking, the Agency will endeavour to find a suitable replacement. The Agency cannot accept any liability if the Maternity Nurse does not take up the booking.
13. The Agency will only grant replacements or refunds in the following circumstances, subject always to clause 3 above:
a) Should the Candidate fail to take up the Engagement, other than as a result of unreasonable behaviour by the Client, a free replacement or full refund will be available.
b) Should the Candidate in a permanent Engagement leave, or be asked to leave by the Client, within 8 weeks of the date of commencement of the Engagement (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation), either a replacement Candidate will be provided free of charge. Only one free replacement is allowed and the job specification must remain the same. Or up to 2 weeks 50% refunded, up to 4 weeks 30% refunded, up to 6 weeks 20% refunded, up to 8 weeks 10% refunded.
c) Should the Candidate in a temporary or maternity Engagement leave, or be asked to leave by the Client within the invoiced period (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation) a pro-rata refund for each complete week not worked – subject to a maximum refund of 50% of the original invoice – will be made if a replacement Candidate cannot be found.
d) All instances of termination of an Engagement where a free replacement or refund is likely to be claimed must be notified in writing to the Agency within three days of the termination of the Engagement. No refunds or free replacements will be applicable if payment has not been received by the Agency in accordance with clause 12 above or if the Client is in breach of any other of the Agency’s Terms and Conditions of Business. No refund is available where the Client does not request that a replacement is found or where the Client makes other arrangements during the period in which a replacement is being sought. Requests for replacements or refunds must be made within a 3 month period from date of termination of the Engagement. No requests for refunds will be considered where the Client has been unwilling to interview potential replacement candidates or has otherwise failed to co-operate in the replacement process.
e) No refund or 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.
f) No refund or free replacement will be applicable if the Client continues to retain the services of a Candidate they have advised the Agency they have deemed to be unsatisfactory.
14. The Agency cannot guarantee that the Candidate will complete his or her proposed length of Engagement.
14.a) If the client has found a suitable candidate through (Agency name), but uses another agency to place the nanny, the client must endeavour to pay (RICHMOND NANNIES) the agreed fee.
15. The Agency uses all reasonable endeavours to ensure the suitability of the Candidate for Introduction to the Client. However the final responsibility for engaging the Candidate lies with the Client. The Client is strongly advised to obtain their own references to satisfy themselves of the Candidate’s suitability and obtaining confirmation of qualifications.
15a. As the Agency does not directly employ the Candidate, the Agency is not able to insist upon Disclosure and Barring Service (DBS) checks. However, the Agency advises all Candidates to undertake a DBS check. It is the Client’s responsibility should they decide to engage a Candidate who does not have a current DBS check, or who is in the process of applying for a DBS check. The Agency will advise the Client of the DBS status of the Candidate.
15b. The Agency will provide a contract of employment draught for use as a guide between the Client and the Candidate.
15c. The Agency does not provide legal advice on the contract of employment.
15d. THE AGENCY STRONGLY ADVISES THE CLIENT TO ENSURE THEY HAVE INSURANCE TO COVER THEIR EMPLOYEE AND PUBLIC LIABILITY.
16. The Agency shall not accept any Liability under any circumstances for any Losses (whether direct, indirect or consequential or otherwise) incurred or suffered by the Client, the Client’s dependents, or any other person, arising out of any alleged or actual acts or omission of the Candidate or of the Agency. The Client shall indemnify and hold harmless the Agency and its Personnel against all Liability and Losses. For the purposes of this clause “Losses” means demands, expense, damage, delay, claims, awards, costs, compensation and any other losses and expenses including legal fees. “Liability” means liability in contract, tort, breach of statutory duty or otherwise. “Personnel” include directors, officers, employees, agents, shareholders and representatives.
For theavoidance of doubt, the Agency does not exclude liability for death or personal injury arising directly from its own negligence.
17. Not withstanding that any part of these Terms and Conditions of Business may prove to be invalid or unenforceable under any rule or law or enactment, such term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions of Business but all other provisions and the remainder of the provision in question shall remain in full force and effect. The Agency and Client shall agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
17. If either the Agency or the Client waives any breach committed by the other party of these Terms and Conditions of Business that will not be deemed to be waiver of any subsequent similar breach or of any other breach at any time.
18. No variation or alteration to these Terms and Conditions of Business shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client duly signed by a Director of the Agency stating the date on or after which such varied terms shall apply.
These Terms and Conditions of Business are governed by the law of England & Wales and
are subject to the exclusive jurisdiction of the Courts of England & Wales.
I have read and understood the terms and conditions of.
I agree and accept the terms and conditions set out by Richmond Nannies.
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