Candidate & Agency Agreement
Last updated June 11, 2018
Terms Of Representation
Please read this document carefully as it sets out the terms and conditions of the Agreement between Fulham Nannies (the Agency) and you (the Applicant) in relation to the Agency effecting introductions between Clients (Employers) of the Agency and Candidates, which is a legally binding contract.
1 This Agreement is made by and between:
(a) Fulham Nannies (Fulham Nannies is Moira Walsh trading as Fulham Nannies, 69a Stephendale Road, Fulham, London SW6 2LT); and
(b) the individual whose details are set out in the Candidate Registration Form (Candidate).
1.1 Fulham Nannies ("Agency, We, Us, Our") is an employment introduction service that pre-screens and refers Candidates ("Candidate, You, Your, Employee") to Clients ("Client, Employer") seeking child care for their family.
1.2 By applying to become, or by becoming a Candidate, the Candidate agrees to be bound by this Agreement as set out below:
1.3 The Candidate agrees that all information passed to them by the Agency with regard to clients and their vacant positions are strictly confidential and will not pass any of this information onto any third party, including via Social Media.
1.4 The Agency will not charge a fee to the Candidate for acting upon its behalf in order to secure, or attempt to secure, an Engagement.
1.5 The Candidate is under no legal obligation to work for a particular Client.
1.6 The Agency is under no obligation to secure or provide a job to a Candidate.
1.7 The Candidate shall provide the Agency with satisfactory evidence of their identity which shall include, but not be limited to, a certified copy of the Candidate’s passport, birth certificate or driving licence.
1.8 The Candidate shall provide the Agency with evidence of their Criminal Record Check (known as DBS in the UK) and/or their foreign jurisdiction police clearance upon registration with the Agency. In the event the Candidate requires a new or updated DBS to be carried out, the cost of any such DBS shall be borne by the Candidate and the Candidate covenants to join the DBS Update Service within 30 days of receiving the new or updated DBS certificate.
1.9 Upon registration with the Agency, the Candidate shall provide the Agency with evidence of up to date first aid training. In the event that any first aid training is more than 3 years old, the Agency shall require the Candidate to undergo recognised first aid training before it is able to represent the Candidate going forward.
1.10 The Candidate confirms that all information provided to the Agency is true and accurate in all material aspects and that any documentation provided as evidence to the Agency are originals.
1.11 If, in respect of any prospective Engagement, the Candidate is required by law, any professional body or by the Client to hold or have any experience, training qualifications and/or authorisations, the Candidate shall provide the Agency with:
(a) up-to-date copies of such qualifications and/or authorisations; and
(b) the names of two referees (who are not relatives of the Candidate) who the Candidate agrees that the Agency may approach at any time for the purpose of obtaining references about the Candidate.
1.12 The Candidate consents to the disclosure of all relevant information (which is reasonably required to progress any application) including but not limited to copies of qualifications, authorisations and/or references, by the Agency to the Client.
1.13 The Candidate consents agrees to the Agency contacting the providers of references regarding your character, general reputation, education, personal characteristics, driving record, police record, and past employment..
1.14 The Candidate shall attend any interview arranged by the Agency with the Client with satisfactory evidence of their identity as well as all relevant documentation relating to their experience and qualifications.
1.15 The Candidate shall telephone the Agency at the first opportunity to advise of any delay or emergency that prevents them from attending an interview or appointment arranged with a Client of the Agency on 020 7736 8289.
1.16 The Candidate shall keep the Agency informed of the outcome of any interview with a Clients of the Agency.
1.17 The Candidate shall immediately inform the Agency should there be any reason or circumstance under which it would be detrimental to the interests of the Agency, the Client or the Candidate for the Candidate to take up a particular position with a Client.
1.18 The Candidate shall inform the Agency of any interviews arranged between the Client and the Candidate, excluding those already organised by the Agency with the Client on behalf of the Candidate.
1.19 The Candidate shall inform the Agency of any "Trial Days" between the Client and the Candidate, excluding those already organised by the Agency with the Client on behalf of the Candidate.
1.20 The Candidate acknowledges that any offer of employment is subject to the receipt of satisfactory references.
1.21 In the event that the Candidate is unable to take up an Engagement that has been agreed with a Client the Candidate shall notify the Agency and the Client as soon as is reasonably practicable, together with the reasons for why the Candidate is unable to take up such Engagement.
1.22 If, following an introduction from the Agency to the Client with respect to the Candidate, the Candidate receives an offer of employment or Engagement to work for or with a Client introduced by the Agency, the Candidate shall inform the Agency immediately and provide the Agency with full details of the offer including a copy of the offer email/letter or contract of employment if requested.
1.23 At the completion of each temporary placement the Candidate will notify the Agency immediately if asked the Client of the Agency to remain with them longer than originally booked, or asked to return at any time in the future.
1.24 The Candidate agrees not to introduce any friends or acquaintances, as possible employees, to Clients whose details have been given to the Candidate by the Agency.
1.25 The Candidate agrees to notify the Agency immediately if they are offered work by friends or acquaintances of Clients introduced to the Candidate by the Agency.
1.26 The Candidate shall notify the Agency immediately if there is any reason why they are unable to continue an Engagement with the Client or if they no longer wish the Agency to seek suitable employment for them.
1.27 The Candidate understands the Agency does not provide any legal advice to the Client or the Candidate regarding the contract of employment.
1.28 These Terms and Conditions apply to and govern all agreements made between the Candidate and the Agency, and are deemed accepted by the Candidate upon completion of the Registration Form.
2 Data Protection
2.1 As a Candidate, your CV and personal information is confidential and subject to the General Data Protection Regulation (GDPR) 2018.
2.2 Your personal information will be used solely for the purpose of providing you with work-finding services. We may contact you by phone or email to progress your search for a job or the recruitment process.
2.3 In order to introduce you to third parties with a view to them potentially offering you work, we may need to share your personal information with our Clients who are seeking new employees. We will always ask for your explicit consent before sharing your personal information with a client.
3.1 In consideration of the mutual obligations set out in this Agreement you accept and agree to these terms, which you acknowledge you have fully read and understood. Note: You may confirm your acceptance by signing below, or by confirming your acceptance orally, submitting your application to become a Candidate on our website using our Candidate Registration Form, or by email. Should you request to use Fulham Nannies employment agency services at any time, your request shall be deemed to be your acceptance of these terms.
4 GOVERNING LAW
4.1 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.