CURRENTLY UNDER REVIEW AND EDITING
TERMS & CONDITIONS AGREEMENT
This Terms & Conditions Contract is between the Agency & the Client.
In this terms & conditions the expressions shall be given the following meanings
“Contractor” means AJF Childcare and the sole owner of AJF Childcare
"Client” is the person, often the parent's or guardians, or company, who contacts the Contractor with a view to hire a Candidate.
"Candidate or staff" means a person introduced by the Contractor to the Client to be considered for temporary hire, this may include but is not limited to, nanny, babysitter, mother's/father's helper, housekeeper, personal assistant, tutor, and other childcare professionals and household staff.
“Agreement” means the agreement between the Contractor and the Client for the provision of the Services incorporating in these Terms and Conditions as evidenced by the acceptance by the Client of the Client’s Instructions.
"Temporary Engagement" is a placement for any period less than six consecutive months.
“Permanent Engagement” is an Engagement of Employment for any period more than 6 consecutive months.
“Services” is an introduction service whereby a Client is introduced to one or more Candidates to work for the Client providing nanny services and other types of household staff that the Agency introduces.
“Fee” means money payable to the Agency by the Client for the services provided by the Agency and the Engagement of the Applicant
Contractor - AJF Childcare
Client - Parents/Guardian
Employee – Nannies, domestic staff of which is employed by the Contractor
1.0 By using our services and registering with us, you are agreeing to our terms and conditions set out here.
1.1 The Client must complete a Client registration form and agree to the terms and conditions before the Contractor supplies the Client with staff or introduces the Client to candidates. The Client may now do this online.
1.2 On the successful registration of the Client, the Client hereby agrees to engage the Contractor to provide the Client with the services of a nanny or domestic staff, the Contractor agrees to the following -
• The locating, matching and placement of a suitable nanny or domestic staff to the
Client based on information gathered by the Client and check the applicants
suitability to working with children.
• The Contractor is to ensure that they gather the relevant information of all
applicants and fully vet each nanny or domestic staff that is provided to the
client. The contractor is to ensure that the employee being placed is DBS
checked, first aid trained and holds relevant qualifications or has the appropriate
experience of working with children.
1.3 If the Clients selected nanny or babysitter is ill or going on holiday and the Client would like a cover nanny, they must contact the Contractor via phone or email.
2.1 If the Clients usual nanny wishes to take holiday, it is the Nanny's responsibility to inform the Contractor to request this time. The Nanny must allow four weeks notice of this however, if the circumstances are unforeseen this period may be waived at the Contractors discretion. Ideally the nanny and client will agree the same holidays.
3.1 Any applicants the Contractor introduces to the Client, the Client must continue to make babysitting and ad-hoc bookings and arrange extra working days through the Contractor. Any communication regarding work must go through the Contractor, whether it’s through the agency or the employment business.
3.2 If the Contractor has placed the Client with a permanent nanny/domestic help and the hours change, the Client must be notified.
3.3 In the initial steps of introductions the Client is not permitted to communicate with any applicant's that the Contractor introduces to them unless it is through the Contractor.
3.4 During the introductions and following the completion/termination of the Services, the Client is prohibited for a period of two years from employing or forming a private working relationship with the nanny and domestic staff placed or introduced by the Contractor.
3.5 For the Services to be provided in accordance with governing law, the Client
must disclose to the Contractor if any filming equipment or voice recording devices
including but not limited to hidden cameras will be used where the employee will
work. The Client need not inform the Contractor of the location of any such devices,
just the existence thereof, hidden cameras must not be placed in private areas such
as restrooms or areas where the nanny may need to change clothing.
3.6 The contractors staff will only be supplied with the necessary apparatus in a clean and safe environment. The services will be suspended if this is not to the Contractors standards.
4.0 Invoices submitted by the Contractor to the Client are due within seven days from the date of the invoice.
4.1 Any late payments will trigger a fee of £40 plus 10.00% per calendar month on the balance outstanding.
5.1 If the Client wishes to cancel their booking please allow 72 hours before the time of the booking.
5.2 If the Client cancels within 72 hours before the booking start time then the Clients deposit will not be refunded and the Client will be charged for the whole invoice.
6.1 Events and wedding nannies require a deposit to secure the Clients booking, this is non - refundable if the Client cancels.
6.2 Employment Business Fees will only be charged when the client uses the contractors services, if their is a contract in place the client will be charged accordingly in line with the contract.
The client will be charged an hourly fee for the hours agreed or contracted, prices vary from £12 - £17 an hour dependent upon the candidate's qualifications and experience, fees will be outlined for each candidate put forward.
Emergency Nanny - £17 an hour
Temporary to permanent (transfer fee) will be charged if you wish to offer our temporary agency staff a permanent job and the client wishes to directly employ the temporary staff or use the nanny's services directly.
The transfer fee will be charged at the equivalent value of the workers 3 weeks usual salary.
The transfer fee will come into force if you use one of our nannies on a temporary basis, the temporary fixed term will be effective from the date you use our services and will be in force for 12 weeks. The client has the option to extend this agreement by an extra 12 weeks or less.
Retainer Fee - Upon introducing candidates a £250 retainer fee will be payable to ensure that the client is committed to finding a nanny, this is refunded if a successful placement is not made. If a successful placement is made then this will be deducted from the first invoice.
6.3 It is the contractor's responsibility to pay the staff we provide via our employment business, as we are their employer. All staff provided come DBS checked, fully vetted and are insured by the contractor.
The client will be entered into a contract with the contractor for fixed contracts and for temporary and permanent staff.
If the client requires the contractor to temporarily employ the nanny/domestic staff until the client wises to employ them directly then the temporary to permanent (transfer fee) will be charged.
The transfer fee will be charged if the client wishes to offer our temporary staff a permanent job and the client wishes to directly employ the temporary staff or use the nanny's services directly.
7.0 The Contractor agrees that they will not disclose, divulge, reveal, report or use,
for any purpose, any Confidential Information which the Contractor has obtained,
except as authorised by the Client or as required by law. The obligations of
confidentiality will apply during the term of this Agreement and will survive indefinitely
upon termination of this Agreement.
7.1 All written and oral information and material disclosed or provided by the Client to
the Contractor under these terms is Confidential Information regardless of whether it
was provided before or after the Client registered or how it was provided to the
7.2 In providing the Services under this Agreement it is expressly agreed that the
Contractor is acting as an independent contractor and not as an employee. The
Contractor and the Client acknowledge that this Agreement does not create a
partnership or joint venture between them and is exclusively an agreement for
** CANCELLATION POLICY**
If you wish to cancel your booking please allow 72 hours before the time of your booking.
If you cancel within 72 hours before your booking start time then your deposit will not be refunded and you may be charged for the whole invoice.
Events & Wedding nannies require a deposit to secure your booking, this is non - refundable if you cancel.
PARENTS & GUARDIANS
This privacy notice is intended to inform you, the client, about information I need to keep, why I need it and how it will be stored, used and deleted. I Amy Jane Fowler am the nominated data handler.
The information we collect via our website is stored on the website cloud base, this includes the information you submit to us when making a booking or signing up to use our online booking system which allows you to make and amend bookings. Your email address you provide when you sign up for our mailing list. Your log in details such as your email and password are stored on the cloud base where you can only access and see the details.
My employees and I collect and process information about children in our care in order to enable us to effectively care and support them, including:
Your child(rens) names and date of birth
Relevant physical and mental health details, such as allergies etc
Contact details and Names of other care providers such as their school or nursery, GP and dentist
Parents contact details
Parents employment/ professional details
Contact details for other family members
Physical and mental health information
Contact details for friends of the children
Photographs and video recordings of children, and possibly their friends (If you have signed our photographic consent form)
Learning journals, records of development and observations
Accident and injury forms
Administration of medicines and details of medication forms
You, the client, have the right to see any information I hold about you, your child(ren) and your family at any time. You have the right to correct or update such information. You have the right to request that I delete such information, however I must inform you that certain information such as invoices cannot be deleted.
The contractor and the employees work with you, collect information in order to care for and support your child(ren). This includes essential information such as their name, date of birth and the contact details of everyone with parental responsibility. It also includes information which enables the Contractor and the Employees to care and support your child such as their physical and mental health (including healthcare providers), religious practices and other childcare settings attended. In the case of an accident I will complete a record form, as required by my insurance company.
If I have safeguarding concerns identifying information may be shared with the Local Safeguarding Children Board, the NSPCC, Social Services, healthcare professionals or the Police.
If your child is injured while in the care of employees, relevant information will be shared with emergency services and healthcare professionals.
Your information is stored in a locked filing cabinet / digitally in a password protected file on mine and the Contractors employee who cares for your child(ren), mobile phone/computer. Your email address is stored in the address book on mine and other employees at AJF Childcare’s email provider. Your telephone number is stored on our mobile phones and other messaging platforms.
At the end of the contract information which I and my employees are not required to keep is deleted unless you give explicit, written consent to keep storing such information. You can withdraw this consent at any time. HMRC require me to retain financial records, which include invoices, for 6 years. My insurance company require me to keep accident record forms until your child(ren) reaches the age of [21 years and 3 months]. Digital information is erased and the trash can emptied and Paperwork is shredded.
In the event of a data breach I will report this to you. This includes but is not limited to the loss or theft of my mobile phone, computer or the keys to the filing cabinet, or a burglary at my home where the filing cabinet is stored.
We are a member of Information Commissioner's Officer. (ICO)
We are insured by Morton Michel.