TERMS AND CONDITIONS FOR TUTOR FINDING SERVICE

1. DEFINITIONS

1.1. In these Terms of Business the following definitions apply:

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

2. GENERAL

2.1. The verbal or written instruction by the Client to the Agency to submit suitable Tutors 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 part of any contract between the Client and Tutor.

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

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

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

2.6. 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 Tutors, take up references, check for appropriate qualifications and criminal record checks, assess attitude and experience, and check that the Tutor is willing to work in the position which the Client seeks to fill.

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

4. CLIENT RESPONSIBILITIES

4.1. You are 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 Tutor and in any other way relating to the Engagement.

5. FEES

5.1. In the event of an Engagement a fee of £125 is payable to the Agency by the Client.

5.2. The Client will pay the Agency fee immediately on receipt of the invoice.

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

6. CANCELLATION

6.1. If the Tutor withdraws from the Engagement before starting the fee will be refunded. No refund is due under any other circumstance.

7. INDEMNITY

7.1. 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 Tutor for the Client or from the Introduction to or Engagement of any Tutor by the Client or from the failure of the Agency to introduce any Tutor.

7.2. The final decision to employ a Tutor rests with the Client and the Agency can give no warranty, representation or undertaking as to the suitability, honesty or capability of any Tutor 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 Tutor. Verification of all such information and references shall be the Client's responsibility.

7.3. 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.

8. CONFIDENTIALITY

8.1. All communication, whether written or verbal, shall be confidential

8.2. Introductions are confidential and are made to the Client. If a Tutor'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.

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

9. LAW

9.1 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.