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:
“Agency” means AJF Childcare and the owner of AJF Childcare
"Client” is the person, often the parent's or guardians, or company, who contacts the Agency with a view to employ a candidate who has been introduced to by the Agency.
"Candidate or Employee"means a person introduced by the Agency to the Client to be considered for Employment, this may include but is not limited to, nanny, babysitter, maternity nurse, mother's/father's helper, housekeeper, personal assistant, tutor, and other childcare professionals and household staff.
“Agreement” means the agreement between the Agency and the Client for the provision of the Services incorporating in these Terms and Conditions as evidenced by the acceptance by the Agency of the Client’s Instructions.
“Engagement” means the employment, or other use, directly or indirectly and whether under an agreement of service, and on a permanent, temporary or other basis, of an Candidate, by or on behalf of the Client, whether or not that Agreement is in writing but in any case, where the Client provides remuneration (whether monetary or otherwise) to the Candidate.
"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.
1.1 By using our services and registering with us, you are agreeing to our terms and conditions set out here in this agreement.
1.2 The Client must complete a Client registration form and agree to these terms and conditions before the Agency introduces the Client to the candidates. The Client may do this online.
1.3 In the initial process of sourcing a nanny, the Client is not permitted to communicate with any applicant's that the Agency introduces to them unless it is through the Agency, the Agency must be made aware of any discussions or agreements made between the Client and the candidates put forward.
1.4 The Client holds full responsibility for informing the Agency immediately upon enlisting the Candidate’s services whether the Client intends to engage a Candidate on a permanent or temporary basis, any attempts to bypass the Agency fee's will lead to a surcharge. (See Section 3.8)
1.5 When a Client uses a candidate placed by the Agency for ad-hoc bookings, the Client must continue to make booking's through the Agency unless the Client has paid the Agency a permanent placement fee, if the Client would like to engage the Candidate for further work, the Client is to inform the Agency and the Agency will invoice the Client accordingly, whether this be for a Temporary Engagement or a Permanent Engagement.
1.6 The Client hereby agrees to engage the Agency to provide the Client with the engagement of a suitable
candidate,the Agency shall do the following;
The locating, matching and placement of a suitable Candidate to the Client based on information gathered from the Client and check the Candidates suitability based on the job description and requests from the Client.
The Agency is to ensure that they gather the relevant information of all Candidates and fully vet each Candidate that is introduced to the client. The Agency is to ensure that the Candidate being placed is DBS checked, first aid trained and holds relevant qualifications or has the appropriate experience of working with children, this may not always be completed before the desired start date of the Candidate. (See section 4.7)
1.7 For the Services to be provided in accordance with governing law, the Client must disclose to the Agency if any filming equipment or voice recording devices including but not limited to hidden cameras will be used where the Candidate will work, such information may be disclosed to the Candidate. The Client need not inform the Agency of the location of any such devices, just the existence thereof, hidden cameras must not be placed in private areas such as restrooms, guest bedrooms or areas where the Candidate may need to change clothing.
Confidentiality & Liability
2.1 All written and oral information and material disclosed or provided by the Client to the Agency 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 Agency.
2.2 When the Agency introduces the Candidates to the Client, directly or indirectly, is confidential and such introductions. If the Client or a member of the Client’s staff or any acquaintance or associate of the Client, passes on any Candidates introduced to any other person or persons within 1 year of the Candidate’s introduction to the Client by the Agency, resulting in the engagement of the Candidate, the Client shall be liable for payment of the full fee in accordance with the the Agency’s Fee Structure for permanent placements.
2.3 The Agency will not be held liable for the employment of the Candidates, and the Client must ensure that they check their own responsibilities as an employer and the Client must ensure that all legal obligations as the Candidates Employer have been met, the Agency will not be held liable for any mistakes made within the Client's employment responsibilities for the Candidate.
2.4 Our Agency is dedicated to offering an excellent service, our recruitment consultant's are experienced with many happy Client's and successful placement's, and aims to ensure however cannot guarantee the suitability of the candidates introduced. Suitability includes however is not limited to the candidates, honesty, reliability, professionalism, and overall work ethic. Under any circumstances the Agency cannot be held liable for any loss, damage, expense, death, problems, accident's and injuries or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act by any Candidate introduced to the Client by the Agency, or, to the extent permitted by law, in respect of services provided by the Agency, even if such act or omission is negligent or fraudulent or reveals any dishonesty
2.5 In providing the Services under this Agreement it is expressly agreed that the Agency is acting as an independent Agency and not as an employee. The Agency and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively an agreement for services.
3.1 Invoices submitted by the Agency to the Client are due within seven days from the date of the invoice. Invoices will be issued as soon as as the candidate accepts the Employment verbally or in writing.
3.2 All fees not settled in accordance with the Agency’s Terms & Conditions of Business are subject to an additional surcharge of a total of 10% of the original invoice plus a £20 admin for for the re-issue of the invoice, each re-issue of an invoice may occur every 7 days, no VAT will be charged.
3.3 Payment is accepted via Bankers Automated Clearing Services – BACS.
3.4 Invoices for temporary placement's will be charged 1 week upfront, the invoice must be settled within 3 days of the date of issue, failure to settle the invoice may delay the start date of the candidate.
3.5 The Agency's Fee's will only be charged for successful placements
A non-refundable Search charge Fee of £125, is to be paid by bank transfer by the Client, this will cover the initial search for the placement of a Candidate and any other additional search for a Candidate in the future subject to these Terms and Conditions. If after 60 days from receipt of the Registration Fee by the Agency, the Client has not been presented with at least two Candidates, the Client is entitled to a full refund of the Registration Fee. The Search charge Fee will be deducted off the final placement fee.
Permanent Engagement: Should the Client choose to engage a Candidate for permanent employment of a Candidate the Agency will charge the Client a fee of 10% of the Candidates agreed yearly salary. This is calculated as the weekly salary x 52 weeks = the Salary then 10% of the salary charged for the fee.
Temporary Engagement: Should the Client choose to engage a Candidate for temporary employment of a Candidate the Agency will charge the Client a fee of £60.00 per week
Should the Client choose to engage a Candidate for temporary employment of a maternity nurse or introduction to use a maternity nurse's self employment services on a temporary basis the Agency will charge the Client a fee of £70.00 per week
Should the Client choose to engage a Candidate for temporary employment for a one off booking or a babysitting booking the Agency will charge the Client a fee of £10.00 per 24 hours per staff
Should the Client choose to engage a Candidate for temporary employment for an emergency booking the Agency will charge the Client a fee of £20.00 per 24 hours per staff
3.6 If the Client has agreed and confirmed working dates with the Candidate and the Client wants to offer the Candidate extra work and want's to extend any placement of a Candidate, from a temporary position to a full-time position for a further period of time, the Client must pay the Agency an additional Placement Fee in order to pay the full Agency Permanent Placement Fee
3.7 The Client is responsible for paying any temporary Candidate separately and directly. Should the Client choose to make a temporary employment of a Candidate introduced (directly or indirectly) by the Agency permanent within 2 years of the Agency’s introduction of the Candidate to the Client, the Client is liable to pay the difference between the temporary engagement fee and what the actual permanent engagement fee.
3.8 If the Candidate is solicited to work for the client with the intention of bypassing the agency fees; if the Client does not hire a Candidate following the initial introduction by the Agency although after approaches the Candidate directly (not through the Agency) offering employment, the Client shall be liable to pay the full Agency Placement Fee plus 25% penalty surcharge.
3.9 There are no refunds due should the Client cancel the booking or reduce the days required once the booking has been made and confirmed on both sides. In cases where a Candidate is employed for specified dates but continues to work for the Client afterwards or is allowed to remain in the household on a paid or unpaid basis beyond the specified dates, then the Client will be charged the appropriate additional fee. The client will be liable to pay the nanny the agreed rate for days they have booked even if they cancel them.
4.1 The Agency will advise and support the Client in setting up the employment of their Employee and ensure the Employee's are up to date with DBS checks and training and monitor the Employee's progress for the first year.
4.2 It is the Clients responsibility to pay the Candidate by running payroll and it is the Client's responsibility to ensure that all reasonable measures have been taken to ensure the health and safety of their employee.
4.3 The Agency can advise the Client on the best rates to pay the Candidate.
4.4 The Clients (‘You’ Employer’) legal obligations as an employer must to do and agree to do the following;
Run payroll and deduct tax and national insurance and any other lawful deductions and report to HMRC. If you do not pay HMRC on time you may incur a late payment penalty and interest may be added on the outstanding owed.
Operate a pension scheme and you and your employee must contribute to it, you can check if your employee is eligible to be auto - enrolled.
Hold Employers Liability insurance .
Provide your employee with a tailored nanny contract or a contract that is tailored to the candidates job title including information in regards to duties and salary, we request a copy of this prior to the candidate accepting the job (See section 4.6).
Reimburse your employee of expenses incurred while working , including mileage allowance.
The Agency advice that you pay for your nanny to hold public liability insurance, also known as nanny insurance.
If you require your nanny to be OFSTED registered then the Agency advice you cover the cost of this which is £103 a year, if your nanny is OFSTED registered you can pay using tax free childcare & childcare vouchers.
If you wish for your employee to take extra training, as the Employer you must cover the cost of this.
As the Employer, you are held liable to check all of your own employer responsibilities when employing someone and ensure that you fulfill your legal obligation's.
4.5 The Agency agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Agency has obtained, except as authorized 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.
4.6 The Agency does not accept any responsibility for the Client and Candidate’s employment contract and such matters are to be arranged between the Client and Candidate.
The Agency may offer a template Employment Contract, which the Client may use as reference or guidance. Once the contract between the Client and Candidate is drawn up, the Client is responsible for submitting a copy to The Agency, this is in line with The Conduct of Employment Agencies and Employment Business Regulations 2003 (effective April 6, 2004). The Agency does not accept liability for any losses, personal injury or death resulting from its negligence. The Client holds full legal responsibility for their employee’s Tax and National Insurance deductions and any other lawful deductions and also any other employer responsibilities.
4.7 During the vetting of the Candidates, the Agency will also obtain the candidates references, it is the Client's responsibility to take reasonable steps to ensure the Client is satisfied with the candidates suitability for Employment, by inspecting any references and documentations themselves prior to the Employment.
The Client is responsible for inspecting the candidates original documents as it is not always possible for the Agency to inspect them. The Agency does not give any warranty for the suitability, history, character, age, honesty or capability of the Candidate and will not be liable for any negligence on the Candidates part.
The Agency takes all steps and measures to ensure the suitability of candidates and the Candidates right to work in the UK, although the Agency does accept liability for any inaccuracies within references and document's obtained.
4.1 If the Client's permanent employee leaves within 2 weeks of the candidates start date then the Agency will refund the Client 85% of the permanent engagement fee, if the Client's permanent employee leaves within 4 weeks of the candidates start date then the Agency will refund the Client 75% of the permanent engagement fee, if the Clients Employee leaves or is within reason dismissed between 4 weeks and 12 weeks of starting, the Agency will find the Client another Employee at no extra cost, providing all of the following conditions have been met; if all of the following conditions are met:
The Client contact's the Agency within 24 hours of the candidate's notice of termination to inform the Agency of such events.
The Client did not make any amendment's to the original contract that was submitted to the Agency, including any verbal changes, also including but not limited to the change of work address, job description, hours and pay.
The candidate did not resign due to changes to the Candidates employment agreement, working conditions, or the Client placed unreasonable demands and strains upon the candidate.
The Client did not terminate the employment, or treat the candidate unfairly, or discriminate against the candidate in anyway, or be verbally or physically aggressive towards the Candidate.
The Client has allowed the Agency to be the sole Agency engaged by the Client to recruit a suitable alternative candidate within 4 weeks from the date of the candidate's notice of termination and the Client has not employed another person not introduced by the Agency or engaged another candidate introduced by the Agency.
The Client still intends to employ a replacement or other person's.
The Client fulfilled their responsibilities set out in this agreement and other legal responsibilities.
The Client paid the full engagement fee within 7 days of the date on the invoice.
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, signing up to use our online booking system which allows you to make and amend bookings and the information you submit on your client registration form. 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.
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. Paper documents will be shredded when no longer needed.
Your information is stored in a locked filing cabinet / digitally in a password protected file on and on the The Contractors mobile phone / computer. Your email address is stored in the address book on the Contractors and any nannies or domestic staff introduced by The Contractors email provider. Your telephone number is stored on our mobile phones and other messaging platforms.
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.