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1. |
All and any business undertaken by Nannyplus Childcare Ltd (‘the Agency’) is transacted subject to these conditions each of which have been incorporated or implied in any agreement between the Agency and the Client. No variations of these terms and conditions shall be binding unless expressly confirmed by the agency in writing.
These Terms and Conditions of Business are deemed to be accepted by the Client by virtue of an interview or engagement of an Applicant introduced by the Agency. |
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2. |
The Client refers to any person or persons or company who engages the Agency to seek a suitable employee for an agreed introductory fee. |
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3. |
The Applicant refers to a person who is registered with the Agency for the purpose of seeking employment with a Client. |
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4. |
The Business of the Agency is to ‘introduce’ only perspective Clients and Applicants to each other. The Agency does not directly or indirectly employ the Applicant. All Tax and National Insurance and any other statutory deductions are the responsibility of the Client. The Agency acts in an Introductory capacity only. |
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5. |
Fees to the Agency are payable by the Client and are solely in consideration of the introductory service between Clients and Applicants. The Agency cannot be held responsible for any losses, costs, claims, damages, or liabilities to the Client and/or the children of any Client or to the Client’s property or to the Applicant arising from the introduction or engagement of Applicants through the Agency. |
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6. |
Whilst every care is taken to ensure the suitability of any Applicant introduced to the Client, the final responsibility lies with the Client as to the Applicants suitability. All references provided by the Applicant and / or the Client BEFORE engagement commences should be verified by the Client. The Agency does not give any warranty as to the suitability, history, character, honesty, age, or capability of any Applicant introduced by the Agency. The Agency will always check a minimum of 2 references and undertake a personal interview to satisfy its self that the applicant is suitable. The Agency cannot be responsible for the bona fide or accuracy of the said references. |
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7. |
An introduction fee as per the SCHEDULE of FEES (see attached) will be invoiced on the engagement or use of the services directly or indirectly or on referral by the Client of any Applicant whether permanent, temporary or babysitting, introduced to the Client by the Agency; this is deemed applicable within one year of that introduction and shall be deemed acceptance of these Terms and Conditions by the Client. |
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8. |
Should a candidate be employed on a short-term basis and then subsequently employment is extended then the client is responsible for the additional placement fees. It is the client’s responsibility to inform the agency of this change in circumstances. |
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9. |
The appropriate introduction fee (see Schedule of Fees) will be invoiced accordingly and shall be paid by the Client to the Agency within 7 days of issue. Accounts not settled in full will be subject to a 10% surcharge for every month or part month that the account remains outstanding. |
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10. |
The Agency fee relates to the successful introduction and engagement of one prospective employee only. |
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11. |
If the employment terminates within 6 weeks of commencement the Agency will endeavour to find a replacement at no extra cost, providing the Client notifies the Agency in writing with in 2 days of termination of the engagement. This will not apply if the employee was made redundant or if the employee left because the conditions of employment where misrepresented by the Client. If no suitable replacement can be found within a further 4 weeks, the Agency will refund 50% of the original placement fee as invoiced. These conditions are only applicable if the Agency’s fees have been paid in full with in 7 days of invoice date. |
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Should the employment be terminated within the probationary period due to no fault of the employee, the agency will invoice the client at the standard temporary % finders rate prevailing at that time. |
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13. |
Should the Client subsequently re engage the Applicant with in 6 months of the date of termination, or withdrawal of offer at a future date having previously declined the services of that Applicant, a 50% fee becomes payable. |
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14. |
In the event that the agreement is cancelled after a firm booking prior to commencement for what so ever reason, the Client will be charged £150. |
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If the Client engages an Applicant introduced by the Agency without informing the Agency, the Agency reserves the right to charge the full introduction fee applicable. |
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If the Client passes on a candidate’s information and this results in the employment of the candidate by another person or entity then the client is responsible for the full placement fee. |
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The Agency recommends that the Client obtains its own legal advice in relation to any contract it wishes to enter into with the Applicant. Any draft contract supplied by the Agency is supplied as a guide, the Agency takes no liability whatsoever for the contents of the draft. |
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A permanent full time or part time employee is not allowed to be classed as self employed by the Inland Revenue. It is the client’s responsibility to ensure that the candidates Tax and National Insurance contributions are deducted from the candidate’s salary and a detailed payslip is provided. |
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The agency acts as an introduction service only and endeavours to find the most suitable candidate, however the final decision of employment is the sole responsibility of the client. The agency accepts no responsibility or liability for the acts or omissions of a candidate or any loss, damage and expense caused to the client by breach of the employment contract between the candidate and the client. |
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Any exclusive advertising will be discussed with the client in advance and invoiced at cost only. |
| 21. |
It is agreed that the Agency shall not be liable to the client or any third party in relation to breach of the above. |
