Our Terms & Conditions
Fulham Nannies nanny agency
Important Information For Our Clients!
FULHAM NANNIES
Terms and conditions of business
1. The following terms and
conditions of business are between Fulham Nannies (the agency) and
the employer (the client).
2. All services provided by
Fulham Nannies to the client are subject to these terms and
conditions.
3. By interviewing applicants
introduced by Fulham Nannies, the client is deemed to accept these
terms and conditions and Fulham Nannies’ scale of charges.
4. Fulham Nannies’ fees are for
the services provided by Fulham Nannies only and do not include any
salary due to be paid to an applicant.
5. The client must notify the
agency when any offer is made which results in an engagement being
accepted. Where an engagement is accepted, the client agrees to pay
an introduction fee to the agency based on Fulham Nannies’ scale of
charges.
6. Fulham Nannies will endeavour
to introduce an applicant to carry out work for the client as
specified by the client. The client will specify its exact
requirements by providing full details of the type of work for which
the applicant is required. A client visit will be offered to
discuss the client’s requirements.
7. All introduction fees become
due when an applicant has accepted a post and not at the
commencement of employment.
8. The introduction fee is for
one engagement only and the client must notify the agency if the
applicant is re-engaged by the client or any of the client’s
associates within a six month period when a further fee will be
charged.
9. The client undertakes to
notify Fulham Nannies if the applicant for a temporary position
remains with the client for a period extending beyond that of the
original agreement, when an additional fee is payable to Fulham
Nannies to reflect the extended period of engagement.
10. If the client has to delay the commencement of
employment of the applicant (for example in the case of a birth
being later than expected) then the client will be liable to pay the
applicant the full agreed weekly salary from the agreed date to the
actual date of commencement of employment and no refund of the
agency fee or any part thereof shall be payable.
11. Fulham Nannies will issue invoices for all amounts
due by the client. In the event of late payment (outstanding
more than fourteen days after the invoice date) the client shall pay
interest on the amount outstanding at the rate of statutory interest
under the Late Payment of Commercial Debts (Interest) Act 1998
calculated from the due date until the date of actual payment. Late
payments may also incur a late payment administration charge of
twelve pounds for every weekly reminder.
12. Should a client employ a temporary applicant while a
permanent applicant is being sought then the client shall pay the
relevant temporary fee in accordance with Fulham Nannies’ scale of
charges.
13. The client is responsible for providing applicants
with full written details of all duties, time off, salary, tax and
insurance before the commencement of employment, and for putting in
place an appropriate employment contract.
14. It is the responsibility of the client (and not the
agency) to ensure that the client complies with its obligations as
an employer and to arrange work and other permits wherever needed.
The agency accepts no liability if an employee is refused entry or
not permitted to remain in a country because the client has failed
to arrange a valid work permit. In such cases no refund or
replacement will be given.
15. The client will reimburse all reasonable travelling
expenses incurred by applicants who present themselves for
interview.
16. The client will keep all introductions of applicants
by the agency and their details confidential and not pass this
information on to other potential employers. A sum equivalent to an
introduction fee will be charged to the client if this obligation is
breached.
17. Fulham Nannies will attempt to ensure but does not
guarantee the suitability of any applicant introduced by Fulham
Nannies. The client should satisfy itself as to the suitability of
any applicant and shall be responsible for arranging any medical
examination and or investigations into the medical history of the
applicant or the applicant’s qualifications as may be required.
While Fulham Nannies checks references provided by potential
applicants, the client is responsible for taking up any references
provided by the applicant or Fulham Nannies before engaging the
applicant.
18. To the extent permitted by law, the agency is not
liable under any circumstances for any loss, damage, expense, delay,
or compensation, in each case whether direct or indirect or
consequential, and arising in any way, connected with the services
provided by the agency. The agency is not liable for any act
or omission of any applicant introduced by Fulham Nannies, even if
such an act or omission is negligent or fraudulent. The agency is
not liable for the failure of the agency to introduce any applicant
to the client.
19. Except as referred to in condition 21, no refund
will be payable if an applicant’s employment with the client comes
to an end for any reason, and, to the extent it remains unpaid, the
full introduction fee will remain payable to Fulham Nannies.
20. If the client cancels an engagement before
commencement then the full agency fee is payable. If the client
cancels within fourteen days of the commencement date then the
client shall in addition pay the applicant a cancellation fee of one
week’s agreed salary for a permanent position or half the agreed
weekly salary for the time booked if it was a temporary position.
As maternity nurses are self employed any cancellation charges
should be discussed and agreed with the applicant and confirmed by
both parties in writing. In the event of extenuating circumstances
Fulham Nannies may in its total discretion refund part or all fees
payable to the agency.
21. In the event of an applicant failing to commence
employment with the client after accepting an offer of employment in
writing then the client will receive a full refund (subject to
condition 22). If an applicant or client lawfully terminates the
employment within the first eight weeks after its commencement then
Fulham Nannies’ policy is to supply one free replacement (subject to
condition 22). Should a client decide to make other arrangements or
request that no replacement be found then no refund will be given.
After the eight week guarantee period has elapsed no refunds or
replacements will be given. Where an applicant for a temporary
position leaves her employment within the invoiced period, a refund
may be available for each complete week not worked, if the agency
cannot find a replacement (subject to condition 22).
22. The above refund and replacement terms will not
apply if
i) The agency is not
informed in writing within seven days of the
employment coming to an end.
ii) The invoice is not settled
in full within fourteen days of the date of
invoice.
iii) The applicant leaves due to working
conditions being contrary to those
agreed upon prior to
commencement of employment, or due to the
mistreatment of the applicant.
iv) The client varies the request for
replacement from that of the original
specification.
v) The applicant left after week
eight, including any period of notice
worked.
23. Fulham Nannies has the right to refuse to represent
a client at any time.
24. Fulham Nannies reserves the right to change or add
to the above terms and conditions without prior notification.
Fulham Nannies is Moira Walsh trading as Fulham Nannies, 69A
Stephendale Road, Fulham, London SW6 2LT
Document Reference:
FNTC01/17 November 2007
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