Our Terms & Conditions
Fulham Nannies nanny agency
Important Information For Our Clients!
TERMS AND CONDITIONS OF BUSINESS
OF
FULHAM NANNIES
(Fulham Nannies is Moira Walsh trading as Fulham Nannies, 69a
Stephendale Road, Fulham, London SW6 2LT)
Please read this document carefully as it sets out the terms and
conditions between Fulham Nannies (the Agency) and the employer (the
Client) relating to the introduction of temporary and permanent
staff to you (the Client) by Fulham Nannies (the Agency), which is a
legally binding contract.
1 DEFINITIONS
1.1 The following expressions shall have the following meanings:
“Agency” means Fulham Nannies (Moira Walsh trading as Fulham
Nannies) of 69a Stephendale Road, Fulham, London SW6 2LT;
“Client” means any person or family or third party appointed by such
people to represent them, who engage the Agency either through
written or verbal instruction and request that the Agency introduce
the Client to a nanny, maternity nurse or mother‘s help, to provide
childcare services;
“Services” means the Introduction of a Candidate by the Agency to
the Client in the accordance with this Agreement.;
“Terms and Conditions” means the terms and conditions of supply of
Services as set out in this document and any subsequent terms and
conditions agreed in writing by the Agency;
“Agreement” means the contract between the Agency and the Client for
the provision of the Services incorporating these Terms and
Conditions;
“Candidate” means any nanny, maternity nurse, mother’s help,
housekeeper, or other child care professional introduced to the
Client by the Agency;
“Introduction” means the Clients interview of a Candidate in person
or by telephone and/or the passing by the Agency to the Client via
email, phone, post or other means of a Candidate’s details,
Curriculum Vitae or other personal information;
“Placement” means an agreement between a Client and a Candidate that
the Client will employ or use the services of the Candidate. Such
agreement may be oral or in writing (whichever is the earlier) and
shall have occurred whether or not a written contract is
subsequently entered into;
“Engagement” means the engagement, employment or use of the
Candidate by the Client or any third party on a permanent or
temporary basis, whether or not a written contract is subsequently
entered into;
“Agency Fee” means the charge made by the Agency to a Client for the
Introduction of a Candidate which results in the Placement of a
Candidate with a Client.
“Permanent Staff” means an Engagement for any period of more than 13
consecutive weeks (full-time or part-time);
“Temporary Staff” means an Engagement for any period up to 13
consecutive weeks (full-time or part-time);
“Week” a week is calculated from Monday to Sunday inclusive;
“Writing” includes facsimile transmission and e-mail.
1.2 The headings in these Terms and Conditions are for convenience
only and do not affect the interpretation or construction of the
Terms and Conditions of Business.
1.3 Unless the context otherwise requires the provisions of these
Terms and Conditions of Business shall be construed as follows:
1.3.1 The singular includes the plural and vice versa.
1.3.2 The masculine includes the feminine and vice versa.
1.4 If the Client comprises more than one person those persons shall
be jointly and severally liable in respect of all obligations and
liabilities contained herein.
2 THE CONTRACT
2.1 These Terms and Conditions constitute the contract between the
Agency and the Client and are deemed to be accepted by the Client by
virtue of an Introduction to a Candidate or the Placement of a
Candidate with the Client or by registering with the Agency either
verbally or through written instruction, whichever happens first.
2.2 These Terms and Conditions shall in all respects apply to and
govern all contracts or agreements made verbally or in writing
between The Client and The Agency and shall supersede any other
documentation or communication between parties.
2.3 No variation or alteration to these terms and conditions
(including any special terms and conditions agreed between the
parties) shall be binding unless the details of such variation are
agreed between the Agency and the Client and are set out in writing
by the Agency stating the date on or after which such varied terms
shall apply.
2.4 Nothing in these Terms and Conditions shall prejudice any
condition or warranty, express or implied, or any legal remedy to
which the Agency may be entitled in relation to the Services, by
virtue of any statute, law or regulation.
3 OBLIGATIONS OF THE CLIENT
3.1 The Client acknowledges that the Agency provides an introductory
service only to introduce suitable candidates to work as nannies,
maternity nurses, mother’s helps, or other child care professionals
and it is the Client who employs the Candidate. The Agency does not
employ any of the Candidates directly or indirectly. Candidates are
introduced to Clients on the basis that they will be employed by the
Client, unless the Candidate is self-employed.
3.2 The Client shall provide full details to the Agency of its exact
requirements relating to the proposed employment by providing full
details of the work for which the Candidate is required and in
particular by notifying the Agency of any special skills required
for such work when placing its request.
3.3 The Client undertakes to notify the Agency immediately upon any
offer of employment to a Candidate that has been accepted and to
provide details of the Remuneration to the Agency.
3.4 It is the obligation of the Client to immediately inform the
Agency if a Candidate introduced by the Agency has already been
introduced by a third party. If the Client fails to inform the
Agency, then it will be presumed that this Introduction has been
effected by the Agency and the relevant fee will become payable.
3.5 The Client is solely responsible for ensuring compliance with
all employment, fiscal, and other relevant legislation and
regulations and all taxation obligations including, without
limitation, National Insurance contributions relating to the
Engagement and any and all payments made to a Candidate and in any
other way relating to the Engagement.
3.6 The Client is responsible for agreeing remuneration and must
provide the Candidate with a written contract of employment, prior
to the commencement of the Candidate’s employment. The Client in any
event warrants that conditions relating to tax, National Insurance,
working hours, holiday and sickness benefit, accommodation,
remuneration, notice and grievances shall be notified in writing to
the Candidate on Engagement.
3.7 If the Client requires the Candidate to work abroad during the
period of Engagement then the terms must be detailed and agreed by
the Client and the Candidate in the Contract of Employment. It is
the Client’s responsibility to pay for the Candidate's travel costs,
medical and travel insurance, car insurance (if applicable) and
provide adequate food and water for every mealtime, unless
alternative arrangements are agreed otherwise and set out in the
Contract of Employment.
3.8 The Client is responsible for obtaining any medical
certificates, work permits or other approvals necessary for the
Candidate prior to the commencement of employment.
3.9 For live‐in positions, the Client accepts and understands its
obligations adequately to insure with a company of good repute the
Candidate’s property, contents and any other items of value to the
Candidate, and shall also ensure that such insurance remains in full
force and effect for the duration of the Candidate’s employment.
4 OBLIGATIONS OF THE AGENCY
4.1 The Agency confirms that as a member of The Association of Nanny
Agencies (ANA) it will comply with the ANA's Code of Standards of
Best Practice. It is standard procedure that we request our
Candidates to provide written references, a CRB Disclosure (police
check), an up-to-date CV, proof of ID and proof of qualifications.
If we have not been able to check these yet, we will inform you. If
the Candidates cannot provide any of these documents or are in the
process of obtaining one we will inform you before you agree to
interview them. If you request a Candidate with certain
skills/documents (such as first aid training, driving licence,
childcare diploma, etc.) but she is in the process of obtaining
these we will inform you. The Agency do not directly employ the
Candidate and are not able to insist upon CRB checks. If a candidate
who does not have an up to date CRB and/or are in the process of
obtaining one, then the agency will inform the Client of the CRB
status of the Candidate before you agree to interview them.
4.2 The Agency will take all reasonable steps to introduce
Candidates who are of sound character, honest and reliable but
cannot be held responsible for the conduct of a Candidate.
4.3 The Agency endeavours to ensure the suitability of the Candidate
based on the information the Client has provided but the Agency does
not guarantee the suitability of any Candidate introduced to the
Client and makes no warranty or representation expressed or implied
in respect of any Candidate. The final decision to employ a
candidate is the sole responsibility of the Client. The Client shall
therefore satisfy themselves as to the suitability of the Candidate
and the Client shall take up any references provided by the
Candidate and/or the Agency before employing a Candidate. The Agency
does not accept any liability for any inconvenience, damage or loss
arising whether caused directly or indirectly from any act or
omission of a Candidate introduced to the Client by the Agency. The
Agency offers no warranty for a Candidates character, honesty,
reliability, suitability or capacity.
4.4 The Agency can provide for the Client and the Candidate a draft
standard Contract of Employment but makes no representations
whatsoever in relation to that document and cannot provide any legal
advice to either party as to its content or the terms of employment
between the Client and the Candidate or in fact any terms and
conditions therein.
4.5 The Agency does not operate a payroll system but can refer the
Client to a nanny payroll tax specialist if requested.
5 FEES
5.1 There is no VAT to pay on any Agency Fees (Fulham Nannies is a
non-VAT registered entity below the VAT registration threshold for
the tax year 2009/2010).
5.2 The Client agrees to pay all Agency Fees within 14 days of the
date of the invoice submitted by the Agency.
5.3 The full Agency Fees will become payable when a Candidate
introduced by the Agency is offered and accepts employment with the
Client, either by verbal or written agreement, and not at the
commencement of employment.
5.4 The Agency Fees charged relate to one engagement only. Where a
Candidate is engaged on a temporary basis and the Candidate’s
employment is extended either beyond the original period of
Engagement or the Client subsequently re-engages the Candidate in
any capacity within 12 months from the date of the initial
Introduction, the Client undertakes to inform the Agency within 7
days and pay the relevant Introduction fee again in accordance with
the Agency Fee Structure for a new Placement. The Agency will then
raise an invoice for the appropriate Introduction fee as set out in
these Terms and Conditions less any fees already paid in respect of
the original Engagement.
5.5 If a maternity nurse is subsequently employed as a nanny,
mothers help or housekeeper then a further fee shall be payable in
accordance with the Agency’s Fee Structure for a new Placement
within 14 days.
5.6 If the Client employs a Candidate but does not inform the Agency
within 7 days, the fee payable will be subject to a 50% surcharge.
5.7 If a Candidate is solicited to work for the Client with the
intention of bypassing the Agency’s Fees then the Client will be
invoiced the fee then chargeable by the Agency for the relevant
Placement plus £1000 penalty charge.
5.8 If a Candidate is engaged on a trial basis for a period of up to
a maximum of 1 day and the Placement does not become permanent then
the Agency will not charge a fee.
5.9 If a Candidate is engaged on a trial basis for a period of more
than 1 day and the Placement does not become permanent then the fee
chargeable will be calculated on the basis of a temporary Placement.
If the Placement does become permanent then the balance of the fee
for a permanent Placement is payable immediately upon the rendering
of the Agency’s invoice less any fees already paid in respect of the
trial Placement.
5.10 All information provided by the Agency including personal
details of Candidates should be treated as strictly confidential and
must not be passed either directly or indirectly to other potential
Clients or Candidates. The disclosure by the Client to a third party
of any details regarding a Candidate from the Agency which results
in the subsequent Engagement of that Candidate by that third party
within 12 months of the initial Client Introduction will render the
Client liable for full payment of the Agency Fee relevent to the
exact period of Engagement..
5.11 The Client acknowledges and understands that the Agency Fees do
not include any part of the Candidate’s salary.
5.12 The fee payable to the Agency by the Client for an Introduction
resulting in an Engagement is calculated in accordance with the
Agency’s Fee Structure.
5.13 Fee Structure (stated in pounds sterling):
5.13.1 Permanent Staff - 5 Weeks net salary
5.13.2 Temporary Staff - £80 for each Week booked or any part of
Week thereof (a Week is calculated from Monday to Sunday)
5.13.3 Maternity Nurses - £80 for each Week booked or any part of
Week thereof (a Week is calculated from Monday to Sunday)
5.14 A discounted placement fee (equivalent to 20%) will be
applicable if the Client agrees in writing to conduct their
Candidate search solely through the Agency for a period of four
weeks.
6 REPLACEMENT GUARANTEE AND REFUNDS
6.1 All fees must be paid within 14 days of the date of the invoice
submitted by the Agency, which will be issued immediately after the
Client has accepted either verbally or in writing a Candidate for
employment. If settlement is not received within this time‐scale,
the replacement and refund provisions detailed below will not apply.
The Agency 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, 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.
6.2 Should the Candidate fail to take up an Engagement A FULL REFUND
WILL BE MADE provided the Client advises the Agency, in writing,
within 7 days of the failure. Should the Agency have already been
paid a full refund will be made within 14 days of the Agency being
advised of the Candidates failure. The Agency will also offer the
Client a separate guarantee of 20% discount for finding a new nanny
through the Agency.
6.3 The Agency cannot guarantee that the Candidate will complete his
or her proposed length of Engagement.
6.4 If the Engagement is lawfully terminated by the Client or
Candidate within 8 eight weeks of the date of commencement of a
permanent Placement or within the invoiced period of a temporary
Placement, the Agency will use all best endeavours to find a
suitable replacement Candidate for the Client (by reference to the
Candidate’s experience and/or qualifications and the Client’s job
specification) within 4 weeks from the date of the Client’s
notification to the Agency. A refund will only be valid if the
Client provides the Agency this opportunity. The Agency will attempt
to find a replacement Candidate at no extra cost to the Client
provided that:
i) the Client notifies the Agency in writing within 7 days of the
termination of Employment;
ii) the Client allows the Agency 4 weeks to introduce a suitable
replacement Candidate to the Client;
iii) all payments due to the Agency under these terms and conditions
have been made by the due date;
iv) the Client has not failed to carry out any of its obligations
under these terms and conditions and current employment legislation;
v) the Candidate did not leave due to a change in the job
description or a change in the work location, or due to unreasonable
working conditions;
vi) the Placement did not fail as a result of unreasonable demands
by the Client;
vii) the Client has not requested that no replacement Candidate be
sought
viii) the Client has not found a new carer via another source after
advising the Agency to look for a replacement Candidate;
ix) the Client had paid the Candidate’s PAYE (a copy of all the
Candidate’s pay slip within the first month of employment needs to
be supplied to the Agency for proof);
x) the client has not varied the request for replacement from that
of the original specification;
6.5 In the event that the Agency puts forward a Candidate (or
Candidates) that it considers to be suitable by reference to the
Candidate’s experience and/or qualifications and the Client’s job
specification and the Client unreasonably fails to offer the
Candidate a position on the same terms as the previous Candidate’s
terms, then the Agency shall be under no further obligation to offer
further replacements or a refund of the Introductory fee.
6.6 If the Client finds the Candidate unsuitable yet retains the
Candidate in their employ the Client is liable to pay the full
Agency fee and the Agency will offer no refund.
6.7 Whilst the Agency shall endeavour to find a replacement
Candidate the Agency makes no guarantee that such a Candidate will
be found.
6.8 The Client will no longer be eligible for a refund after the
first Candidate has been replaced.
6.9 If the Engagement is lawfully terminated by the Client or
Candidate within 8 eight weeks of the date of commencement of a
permanent Placement or within the invoiced period of a temporary
Placement and no suitable replacement Candidate can be found by the
Agency within 4 weeks of notice of that termination being given to
the Agency by the Client, part of the fee paid by the Client to the
Agency will be refunded, calculated in accordance with the following
scale:
i) Permanent Placements
if termination occurs within 2 weeks: 50% of the Agency fee
if termination occurs within 4 weeks: 40% of the Agency fee
if termination occurs within 6 weeks: 30% of the Agency fee
if termination occurs within 8 weeks: 20% of the Agency fee
ii) Temporary Placements
Where a Candidate for a temporary position leaves the Client’s
employment within the invoiced period, a refund will be available
for each complete week not worked if the agency cannot find a
replacement.
6.10 A permanent Placement is deemed satisfactory after 8 weeks
unless the Agency is notified to the contrary within the first 8
weeks from the start of the permanent Placement. No refund will be
payable should a Candidates employment be terminated after 8 weeks.
6.11 A temporary Placement is deemed satisfactory after 2 days
unless the Agency is notified to the contrary within the first 2
days from the start of the temporary Placement. No refund will be
payable should a Candidates employment be terminated after 2 days.
6.12 No refund will be paid if a maternity Engagement is terminated
before the conclusion of the agreed period of employment.
6.13 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.
6.14 In the case of temporary Placements the relevant fee is based
on the number of weeks initially requested. No refund or deduction
from the Agency fee will be given if the number of weeks is
subsequently reduced on a
temporary Engagement. Similarly no refund or deduction will be made
if an Engagement is reduced from full-time
to part time or permanent to temporary.
6.15 If the Client has to delay the commencement of the Engagement
of the Candidate (for example because of the birth of a baby later
than expected) then the Client shall be liable to pay the Candidate
the full agreed weekly salary from the agreed date of commencement
and no refund of the Agency Fee or any part thereof shall be
payable.
7 CANCELLATION FEE
7.1 If after an offer of Engagement has been made to the Candidate
and accepted (either verbally or in writing) and the Client decides
for any reason to withdraw from the agreement the Client shall be
liable as follows:
(a) If the due start date is 14 days or less from date of
cancellation the full fee is payable to the Agency plus one weeks
salary to the Candidate
(b) If the due start date is 15 days or over from the start date
then 50% of the full fee is payable to the Agency.
7.2 There will be no charge if the Candidate cancels the Engagement
before the commencement date.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the
liability of the Agency for death or personal injury, however the
Agency shall not be liable for any direct loss or damage suffered by
the Client or any third party howsoever caused, as a result of any
negligence, breach of contract or otherwise in excess of the sum
insured under the professional indemnity insurance policy held by
the Agency in the insurance year in which the Clients claim is first
notified.
8.2 The Agency accepts no liability for any loss, damage, expense or
compensation suffered or incurred of any nature by the Client,
arising directly or indirectly from an act or omission by any
Candidate introduced to the Client by the Agency.
9 INDEMNITY
The Client shall indemnify the Agency against all claims, costs and
expenses which the Agency may incur and which arise directly or
indirectly from the Clients breach of any of its obligations under
these Terms and Conditions.
10 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform
any of its obligations if the delay or failure results from events
or circumstances outside its reasonable control, including but not
limited to acts of God, strikes, lock outs, accidents, war, fire,
breakdown of plant or machinery or shortage or unavailability of raw
materials from a natural source of supply, and the party shall be
entitled to a reasonable extension of its obligations.
11 NOTICES
Any notice to be given by either party to the other may be served by
email, fax, personal service or by post to the address of the other
party given in the Registration Form or such other address as such
party may from time to time have communicated to the other in
writing, and if sent by email shall unless the contrary is proved be
deemed to be received on the day it was sent, if sent by fax shall
be deemed to be served on receipt of an error free transmission
report, if given by letter shall be deemed to have been served at
the time at which the letter was delivered personally or if sent by
post shall be deemed to have been delivered in the ordinary course
of post.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held
invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and
effect as if these Terms and Conditions had been agreed with the
invalid, illegal or unenforceable provision eliminated.
13 ASSIGNMENT
The Client shall not be entitled to assign its rights or obligations
or delegate its duties under this Agreement without the prior
written consent of the Agency.
14 THIRD PARTY RIGHTS
It is not intended that any of the terms and conditions of this
agreement will be enforceable by virtue of the Contracts (Rights of
Third Parties) Act 1999 by any person not a party to it.
15 WAIVER
The failure by either party to enforce at any time or for any period
any one or more of the Terms and Conditions herein shall not be a
waiver of them or of the right at any time subsequently to enforce
all Terms and Conditions.
16 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements,
arrangements, documents or other undertakings either written or
oral.
17 GOVERNING LAW
These Terms and Conditions of Business are governed by and construed
in all respects in accordance with the law of England and Wales and
the Client agrees to submit to the exclusive jurisdiction of the
Courts of England & Wales.
Fulham Nannies is Moira Walsh trading as Fulham Nannies, 69A
Stephendale Road, Fulham, London SW6 2LT
Document Reference: FNTC04/26 August 2009
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