TERMS AND CONDITIONS FOR NANNY STAFF, NURSERY STAFF, MATERNITY STAFF AND PARENTS’ HELPS

1. DEFINITIONS

“Candidate“means the person introduced by the Agency to the Client for an Engagement;
“Client“means the person to whom the Candidate is introduced;
“Agencymeans The Childcare Company of 7 Garth Road, Sevenoaks, Kent TN13 1RT;
“Engagement“means the Client making an arrangement to employ or use a Candidate;
“Introduction“means the passing to the Client of information that identifies the Candidate and leads to an Engagement of that Candidate;

2. GENERAL

2.1 The verbal or written instruction by the Client to the Agency to submit suitable Candidates for contact or interview shall constitute acceptance of these terms and conditions.

2.2 These terms and conditions relate only to the Introduction by the Agency and do not form the part of any contract between the Client and Candidate.

2.3 The Client declares that the information given to the Agency is correct.

2.4 No variation or alteration of these terms and conditions shall be valid unless approved in writing by a proprietor of the Agency.

2.5 The Agency has the right to refuse to represent a Client at any time.

2.6 The Agency reserves the right to change or add to the terms and conditions without prior notification.

2.7 If any part of these conditions is held to be illegal, invalid or unenforceable in any respect such invalidity, illegality or unenforceability shall not prejudice the effect of the rest of these conditions to the extent that they are valid, legal and enforceable.

3. AGENT RESPONSIBILITES

3.1 The Agency will take all reasonable care to do the following: interview Candidates, take up references, check for appropriate qualifications and criminal record checks, assess attitude and experience, and check that the Candidates is willing to work in the position which the Client seek to fill.

3.2 The Agency is not responsible in the event that the Candidate is not suitable for the Engagement.

4. CLIENT RESPONSIBILITIES

4.1 The Client is responsible for ensuring compliance with all employment, 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.

4.2 Under The Conduct of Employment Agencies and Employment Businesses Regulations 2003 Effective April 6th 2004 - All agencies will be required to hold a copy of the employment contract, where applicable, between the Client and the Candidate. In order that the Agency can comply with this requirement the Client must supply a copy of the contract of employment.

4.3 The Client is responsible for agreeing remuneration and conditions with the Candidate, prior to making the Engagement. 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.

5. FEES

In the event of an engagement a fee as shown in the following table is payable to the Agency by the Client.

PERMANENT PLACEMENTS
Full-Time3 weeks gross salary
Part-Time (any employment which is for less than 20 hours per week)£495.00
Sharing Childcare Scheme Organising, introducing and arranging families to share childcare. Each family will incur the relevant full-time or part-time fee as above.
SHORT TERM PLACEMENTS
Full - Time£75.00 per week£/30.00 a day
Part- Time£65.00 per week£/30.00 a day

5.2 The Client agrees to pay the Agency fee within 7 Days of invoice date, and, on all occasions, prior to commencement of Engagement. For Engagement of Candidates living outside of the UK, the fee will be payable before the Candidate books their travel.

5.3 Invoices not paid within 7 days will be subject to interest charged at 8% above the prevailing Bank of England base rate.

5.4 The Agency will calculate the invoice for short term contracts on the dates given to The Agency at the commencement of employment. However, should the Client re-engage the Candidate for further periods of employment or extend the original contract dates given to the Agency, then a further charge will be payable for the exact period of employment. All Candidates engaged on a short term basis must be re-booked and re-engaged through the Agency.

5.5 If the Candidate is engaged on a short term basis and is subsequently engaged on a permanent basis or if the short term engagement is extended so that the period of agreement lasts longer than six months then the Client will pay to the Agency the full permanent fee less any fees already paid in respect of the short term Engagement.

6. NOTIFICATION

6.1 If the Client engages or re-engages a Candidate introduced by the Agency, whether directly or indirectly, in any capacity, the Client is responsible for advising the Agency immediately giving details of the date of commencement and intended length of the engagement. The Client agrees to notify the Agency immediately, in writing or verbally, of the date employment commences, the salary, and term of employment where appropriate.

6.2 It is the Client’s obligation to immediately inform the Agency when a Candidate is introduced by the Agency who has already been introduced by a third party. If the Client does not so inform the Agency then it will be presumed that the introduction has been effected by the Agency and the relevant fee will become payable.

7. REFUNDS/REPLACEMENT

7.1 Should the Candidate in a permanent Engagement leave within 4 weeks of the commencement of the Engagement (for reasons unconnected to a change in job description, unreasonable working conditions or failure by the Client to comply with current employment legislation), 50% of the Agency fee will be refunded. No refund is available under any circumstances where the Candidate leaves more than 4 weeks after the date of commencement of the Engagement.

7.2 Should the Candidate in a short term or maternity Engagement leave within the invoiced period (for reasons unconnected to a change in job description, unreasonable working conditions 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.

7.3 All instances of termination of an Engagement where a refund is claimed must be notified in writing to the Company within 48 hours of the termination of the Engagement. No refunds will be applicable if payment has not been received by the Company in accordance with Section 5 or if the Client is in breach of any other of the Company's Terms and Conditions.

7.4 Should the Candidate fail to take up the Engagement and full payment of the fee has been received a full refund of the placement fee will be made to the Client.

8. CANCELLATION

8.1 Should the Client cancel the Engagement after terms have been agreed but before the Engagement commences the Client will be liable for an administration fee of £150.

8.2 If the Client cancels an arrangement with an overseas Candidate after travel arrangements have been made the Client must reimburse the cost of those arrangements.

8.3 For Candidates from overseas, if the Client cancels the arrangement once an agreement has been made and the Candidate has accepted and purchased their travel ticket, the Client will be liable to reimburse the Candidate with the cost of the ticket, in addition to the fee of £150 for costs incurred payable to the Agency.

9. INDEMNITY

9.1 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate.

9.2 The final decision to employ a Candidate rests with the Client and the Agency can give no warranty, representation or undertaking as to the suitability, honesty or capability of any Candidate nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Agency or on its behalf to the Employer or as it shall direct in respect of the Candidate. Verification of all such information and references shall be the Client’s responsibility.

9.3 In no circumstances shall the Agency’s total liability to the Client, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the fee payable by the Client.

10. CONFIDENTIALITY

10.1 All communication, whether written or verbal, shall be confidential

10.2 Introductions are confidential and are made to the Client. If Candidate’s details are passed to a third party the Client will remain responsible for the payment of any Agency fees in relation to any Engagements that arise.

10.3 All correspondence and records remain the property of the Agency.

11. LAW

11.1 These Terms and Conditions are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.