INITIAL TERMS OF BUSINESS
Contractor - AJF Childcare
Client - Parents/Guardian
Employee – Nanny/Domestic staff, of which will be employed by the Client
1.1 By using our services and registering with us, you are agreeing to our terms and conditions set out here.
1.2 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.
2.0 In the initial process of sourcing a nanny, the Client is not permitted to communicate with any applicant's that the Contractor introduces to them unless it is through the Contractor, the contractor must be made aware of any discussions or agreements made between the Client and the candidates put forward.
2.1 The Client hereby agrees to engage the Contractor to provide the Client with the following childcare placement of a nanny or domestic staff.
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 introduced 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.
2.2 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.
2.3 A nanny or domestic staff will only be sourced if the Nanny is supplied with the necessary apparatus in a clean and safe environment. The sourcing of a nanny will be suspended if this is not to the Contractors standards.
3.1 Invoices submitted by the Contractor to the Client are due within seven days from the date of the invoice.
3.2 Any late payments will trigger a fee of £40 plus 10.00% per calendar month on the balance outstanding.
3.3 Payment is accepted via Bankers Automated Clearing Services – BACS
4.0 If the Client cancels any bookings for babysitters or ad – hoc bookings 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.
4.1 Events and wedding nannies require a deposit to secure the Clients booking, this is non - refundable if the Client cancels.
5.0 Agency Fees will only be charged for successful placements
Retainer Fee - Upon introducing any candidates, a £100 - £250 retainer fee will be payable to ensure that the client is committed to finding a nanny, this is refundable if a successful placement is not made. If a successful placement is made then this will be deducted from the placement fee.
Standard Permanent Placement Fee based on a Full Time Nanny - £450 (Contracts included)
Permanent Placement Fee for a Part Time nanny - Quote on Request
Temporary Placement Fee - Temporary Nanny is £40.00 per week.
Emergency Nanny Placement Fee - £20.00 per day
Daily Nanny/ One Off & Babysitting Bookings - £10.00 per booking, per staff
Contracts - Employee Contracts are charged at £80
5.1 If the Clients nanny/ domestic staff leaves or is within reason dismissed within 3 months of starting, (the probational period) the Contractor will find the Client another nanny at no extra cost.
5.2 If the employee takes time off and the client needs emergency staff the contractor will offer the appropriate placement fees at half price for the first year after the permanent placement has been made.
6.0 The Contractor will help the Client with the employment of the nanny and domestic staff and ensure the nannies are up to date with DBS checks and training and monitor the nannies progress.
6.1 It is the Clients responsibility to pay the nanny/ domestic staff by running payroll.
6.2 The Contractor can advise the Client on the best rates to pay the nanny/ domestic staff.
6.3 The Clients (‘You’ Employer’) legal obligations as an employer must 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 will 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 or domestic staff contract including information in regards to duties and salary, we request to view a copy of this prior to the nanny/ domestic staff accepting the job
Reimburse your employee of expenses incurred while working
The Contractor advises that you pay for your nanny to hold public liability insurance, Morton Michel offer nanny insurance for nannies
If you require your nanny to be OFSTED registered then I 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 then you must cover the cost of this
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 Contractor.
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 service.
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.