1. In these Terms and Conditions of Business the following definitions apply:
“Candidate” means the person introduced by the Company to the Client for an Engagement including any officer or employee of the Candidate if the Candidate is a limited company and members of the Company’s own staff;
“Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Candidate is introduced;
“Company” means County Nannies Ltd (registration number 3787773), and/or its trading divisions including without limitation “The Nanny Agency”, of Cherry Gardens, Nouds Lane, Lynsted, Kent ME9 0ES;
“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;
“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 Company to search for a Candidate; or (ii) the passing to the Client by the Company via telephone, fax, email, post or otherwise of a curriculum vitæ or other information which identifies the Candidate.
Unless the context requires otherwise, references to the singular include the plural.
2. Subject to clause 20 below, the Company undertakes business on the following terms which shall represent a legally-binding contract between the Company 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. The Company is not an employer of childcarers but acts as an introduction agent of childcarers to its Clients.
4. The Client will be deemed to have accepted the Company’s Terms and Conditions of Business when an Introduction takes place.
5. Candidates are introduced by the Company 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.
6. The Client undertakes to inform the Company 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 Company will assume that all details of the Engagement have been agreed between the Client and the Candidate unless the Client informs the Company in writing to the contrary prior to the commencement of the Engagement.
7. All information provided by the Company including personal details of Candidates should be treated as strictly confidential. The disclosure by the Client to a third party of any details regarding a Candidate introduced by the Company which results in the subsequent Engagement of that Candidate by that third party within 6 months of the initial Introduction will render the Client liable to payment of the Company’s fee with no entitlement to any refund.
8. 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 Company 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 Company’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.
9. Records of all Introductions are kept by the Company. The Client undertakes to inform the Company immediately should the Company 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 Company. 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 Company has made the Client aware of the said Candidate's availability and suitability for the Client’s job description, the Company's introduction fee will be payable. 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 Company’s introduction fee remains payable.
10. 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 Company.
11. 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 14.
12. Fees will be invoiced in full on confirmation of an Engagement. All fees must be paid within 14 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 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 subject to VAT at the prevailing rate.
13. 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 Company. 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 Company will endeavour to find a suitable replacement. The Company cannot accept any liability if the Maternity Nurse does not take up the booking.
14. The Company will only grant replacements or refunds in the following circumstances, subject always to clause 12 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 6 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), a replacement Candidate will be provided free of charge. (Only one free replacement is allowed and the job specification must remain the same). The Company will endeavour to find a replacement within 4 weeks. In the event that a suitable replacement Candidate cannot be found, 80% of the fee will be refunded provided that all clauses of these Terms and Conditions of Business have been adhered to by the Client. Where a replacement Candidate’s salary is less than or more than the original Candidate’s salary, the Company’s fee will be adjusted accordingly. No replacement or refund is available under any circumstances where the Candidate leaves more than 6 weeks after the date of commencement of the Engagement
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 Company 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 Company in accordance with clause 12 above or if the Client is in breach of any other of the Company'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 Company they have deemed to be unsatisfactory.
15. The Company cannot guarantee that the Candidate will complete his or her proposed length of Engagement.
16. The Company 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. As the Company does not directly employ the Candidate, the Company is not able to insist upon Criminal Record Bureau (CRB) checks. However, the Company advises all Candidates to undertake a CRB check. It is the Client’s responsibility should they decide to engage a Candidate who does not have a current CRB check, or who is in the process of applying for a CRB check. The Company will advise the Client of the CRB status of the Candidate.
17. The Company 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 Company. The Client shall indemnify and hold harmless the Company 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" includes directors, officers, employees, agents, shareholders and representatives. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising directly from its own negligence.
18. Notwithstanding 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 Company 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.
19. If either the Company 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.
20. No variation or alteration to these Terms and Conditions of Business shall be valid unless the details of such variation are agreed between the Company 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 Company stating the date on or after which such varied terms shall apply.
21. 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.
© County Nannies Ltd, 28th July 2008, All Rights Reserved
Data Protection - We may contact you from time to time about the range of services we offer. Please advise us if you do not wish us to do this. We will never pass your details to any third party for marketing purposes.
TERMS AND CONDITIONS OF BUSINESS
(Au Pairs Only)
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1.1 “The Company” means County Nannies Ltd (registration number 3787773), and/or its trading division “Au-Pair International”, of Cherry Gardens, Nouds Lane, Lynsted, Kent ME9 0ES.
1.2 “The Client” means any person or persons who apply to the Agency for an Au Pair and to whom an introduction is made.
2.1 The Agency acts as an introductory agency only and does not employ the Au Pairs.
2.2 These Terms and Conditions of Business are valid from 28th July 2008 and supersede all previous terms.
2.3 The Client Family Application form must be completed and signed before the Company commences searching for a suitable Au Pair. By signing the Client Family Application, the Client confirms his/her agreement to the Company’s Terms and Conditions of Business.
3. The Company agrees with the Client:
3.1 On receipt by the Company of the Client Family Application form, duly signed by the Client, the Company will provide the Client with details of current Au Pairs seeking placement.
3.2 After selection by the Client of an Au Pair, the Company will send a confirmation booking to the Au Pair either directly or via a Partner Agency, and a confirmation letter will also be sent to the Client. The Company will liaise with the Au Pair and the Client regarding the Au Pair’s arrival travel arrangements and these will be communicated to the Client.
3.3 The Company will use such efforts as it considers reasonable to resolve any problems concerning misconduct of the Au Pair. The Company further undertakes to notify the Au Pair’s next of kin should the Company be notified that the Au Pair has become ill or been involved in a serious accident or incident (see also Clause 4.3).
4 The Client agrees with the Company:-
4.1 To inform the Company orally and/or in writing upon deciding to accept an Au Pair provided by the Company, and further to inform the Company forthwith of any changes of whatsoever nature in the Client’s circumstances as detailed on the Client’s Family Application form, with particular regard to those which may affect the Au Pair’s position and whether they wish to remain in the placement.
4.2 To treat all information provided to the Client by the Company as strictly confidential and not to forward any part of it to a third party. Should any such information including without limitation the name, address and contact details of an Au Pair be passed to a third party who subsequently engages the Au Pair, then the Client to whom the initial introduction was made will be liable for the Company’s introduction fees.
4.3 To notify the Company forthwith if the Au Pair becomes ill or is involved in a serious accident or incident necessitating medical treatment or attendance at a GP’s surgery or hospital.
4.4 To allow the Au Pair a minimum of 1 week’s paid holiday for an Au Pair who is staying for a minimum of 6 months, and a minimum of 2 weeks paid holiday for an Au Pair who is staying for a minimum of 12 months.
4.5 To pay weekly to the Au Pair any pocket money or expenses as the Client and the Au Pair may mutually agree and further to pay to the Au Pair his/her normal weekly payment during the course of all holidays as specified in clause 4.4.
4.6 To pay the Company’s placement fee in accordance with the provisions of clause 5 below.
4.7 To provide a suitable environment which does not compromise the health and safety of the Au Pair.
5.1 The placement fee becomes payable by the Client immediately upon acceptance by the Client of an Au Pair provided by the Company in order to secure the Au Pair placement. Payment may be made by credit/debit card, bank transfer, or cheque by return post upon receipt of the Company’s invoice.
No Au Pair will be sent to the Client’s home unless the placement fee has been paid.
The Company reserves the right to charge interest on unpaid invoices in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 and any subsequent amendments.
Once an Au Pair has been accepted by the Client for a given period of time on agreed terms, invoices raised in connection therewith cannot be altered.
5.2 Placement Fees are as follows and are subject to clause 5.6:-
||(0 3 calendar months from date of commencement)
|Long Term Placements
||(more than three months from date of commencement)
|Long Term Placements (Au Pair Couple)
||(more than three months from date of commencement)
5.3 Should a Temporary Au Pair’s stay be extended, the client will be liable and will be invoiced for the difference between the fees already paid and the long-term placement fee.
5.4 Should the Client terminate an Au Pair’s placement but then subsequently re-engage the same Au Pair, then the Client will be responsible to the Company for payment in full of the appropriate placement fee.
5.5 Should the client cancel the Au Pair’s placement after he/she has accepted the position, the fee remains payable and no refund can be made. Should the Client renege on their invitation to the Au Pair less than 5 days inclusive prior to the Au Pair’s agreed arrival date, then the Client will also be responsible to pay to the Company, in addition to the placement fee, any travel costs or ancillary disbursements incurred by the Au Pair or which may be payable by the Company to the Au Pair.
5.6 VAT will be added at the current rate to all fees and other charges payable under these terms and conditions of business.
6 Termination of placement
6.1 If the Client wishes to terminate the placement, the Client must:
i) Forthwith notify the Company by telephone and in writing.
ii) Give the Au Pair a minimum of two weeks’ notice or make payment to the Au Pair of two weeks’ pocket money and all necessary and reasonable expenses incurred by the Au Pair as a result of early termination of the placement. Typically this should include costs for accommodation, travelling, food and ancillary disbursements up to a maximum period of two weeks.
6.2 In the event of serious misconduct by the Au Pair or the Client, either party shall be entitled to terminate the placement with immediate effect. The Company reserves the right to decide in each individual case what constitutes serious misconduct and whether or not the Client will be entitled to a new replacement or any refund as set out in clause 7. This is with the proviso that should the Au Pair’s departure be as a result of serious misconduct on the part of the Client, then the Company has no obligation to replace the Au-Pair or make a refund. Equally should the Au Pair leave because of a change in the Client’s circumstances (as per Clause 4.1) no replacement or refund will be available.
7.1 No replacement or refund applies for Temporary Au Pair Placements (0 - 3 months).
7.2 For Long Term Placements, if the Client has terminated the placement in accordance with clause 6 above within 6 weeks of the commencement of the placement and has adhered to all other provisions of these Terms and Conditions of Business, in particular clause 4.6 above, the Company will endeavour to provide a suitable replacement.
7.3 If the Company fails to find a suitable replacement within two weeks after receiving the Client’s letter of the Au Pair’s dismissal or departure, then the appropriate refund, according to the table set out below, will be forwarded to the Client, providing the Client has given due consideration to comparable Au Pairs of any nationality put forward by the Company. If no replacement is requested and/or is found by the Client through a source other than the Company, then no refund shall be payable by the Company to the Client. The refund will only apply to the first Au Pair placement in any given six month period and is subject to the provisions of this clause 7.
Au Pair Refund Table (“Long Term Placements” only)
|AU PAIR LEAVING DATE
|Within first 4 weeks
||Full refund (Less £100 administration fee)
|Between 4 to 6 weeks
7.4 Should the Client require a free replacement then the Company shall be obliged to provide to the Client no more then one free replacement upon the departure of the initially placed Au Pair.
7.5 This clause 7 also applies should the Au Pair terminate the placement within 6 weeks, save and except as provided for by clause 6.2 in respect of serious misconduct by the Client.
7.6 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 Au Pairs or has otherwise failed to co-operate in the replacement process.
8 Liability and References.
8.1 The Company is an Introduction Agency only and whilst it takes care to look into the background of Au Pairs seeking placement the Company cannot be held responsible for whatsoever reason or cause should the Au Pair prove to be unsuitable. The Company 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 Au Pair or of the Company. The Client shall indemnify and hold harmless the Company 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” includes directors, officers, employees, agents, shareholders and representatives. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising directly from its own negligence.
8.2 The Company will provide to the Client written references with addresses and telephone numbers. It shall be the sole responsibility of the Client to take up their own references and carry out checks so as to ensure that the Au Pair is suitable for the post offered by the Client and acceptable to the Client in all respects.
8.3 The Company cannot be held responsible should the Au Pair not complete their full lengthof stay
9.1 Notwithstanding 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 Company 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.
9.2 If either the Company 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.
9.3 No variation or alteration to these Terms and Conditions of Business shall be valid unless the details of such variation are agreed between the Company 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 Company stating the date on or after which such varied terms shall apply.
9.4 Unless the context requires otherwise, references to the singular include the plural.
9.5 The headings contained in these Terms and Conditions of Business are for convenience only and do not affect their interpretation.
10 Applicable Law
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.
County Nannies Terms and Conditions of Business (Au Pairs)
© County Nannies Ltd, 28th July 2008, All Rights Reserved
Data Protection We may occasionally contact you about the range of services we offer. Please let us know if you do not wish us to do this. We will never pass your details to any third party for marketing purposes.
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Notification of Changes
Kent ME9 0ES