Terms and Conditions & Fees
Barnet Nannies and Maternity LTD - Terms and Conditions + Fees
1. DEFINITIONS OF “TERMS”:
“Candidate” – The job seeker who is introduced to the Client by the Agency
“Agency” – Barnet Nannies and Maternity LTD
“Introduction” – Takes place when the Agency notifies the Client of a Candidate`s details for the purpose of employment
“Engagement” – Employment of the Candidate by the Client
These terms and conditions shall represent a contract between the Agency and the Client and are deemed to be accepted by the Client when registering with the Agency. All business undertaken between Barnet Nannies and Maternity is subject to these terms and conditions.
The role of the Agency is to introduce registered Candidates to registered Clients based on the Candidates suitability to the Client`s requirements. It is always the Client who employs the Candidate and it is the Client`s responsibility to notify the Agency immediately when an Engagement is agreed. At this time the Client also needs to inform the agency about the agreed weekly salary, the lengths and commencement of employment.
In case the Client had a contact with the Candidate through other channels (privately or through other agencies) prior to the Agency sending her or his profile but the Client made no arrangements to meet the Candidate, or did but didn't go through with the hiring and decided to proceed after the Agency's recommendation, the agency fee still applies.
Upon engagement the Client is fully responsible to negotiate all terms and conditions with the Candidate and will be responsible to make arrangements to pay the Candidate`s Tax and National Insurance. It is also the Client`s responsibility to obtain work permit (or visa), to investigate medical history and make arrangement for special medical requirements of the Candidate.
2. FEE STRUCTURE:
Permanent staff: 4 weeks salary of the nanny (minimum fee of £200 applies). If there is babysitting involved and the hours are not regular (exact fee cannot be calculated), a flat fee of £150 (equal to Permanent Babysitting fee) to be added to the agency fee.
Temporary staff (Up to 3 months placement): £15 per day or £65 per week for live out full time (minimum 5 hours per day) nannies and for part time (less than 5 hours per day) nannies it is £10 a day or £45 per week. It is £50 per week for part time live in nannies and £60 per week for full time live in nannies.
Temporary Holiday Nanny working abroad: 3 x The normal temporary placement fee
Permanent staff working abroad: 8 weeks salary of the nanny.
Emergency Nannies (24 hours or less before the booking time): The normal placement fee + £60
Maternity Nurses: £120 per week
Night nannies and nurses: £20 per night
Evening babysitters: The Agency can only provide a Permanent Babysitter placement for £150 and the Client can directly contact her any time they need a babysitter without any further fee to the agency. In case the babysitter is not available the agency will send a free replacement (up to two occasion per month) providing 48 hours' notice is given by the client. This free replacement offer will expire after one year from start date. Babysitters can work only from 6pm; if the candidate placed by the Agency as a permanent Babysitter is asked to work before 6pm the Client must let the Agency know and to be invoiced accordingly.
Housekeepers: 4 weeks net salary of the housekeeper (minimum fee of £200 applies)
2.1. Invoice is generated immediately after job is offered by client and accepted by the candidate.
2.2. The Agency fee is due by the Client within 7 days after receipt of the relevant invoice from the Agency or by the start date of the employment; whichever is sooner. The payment is calculated according to the Agency`s fee structure.
2.3. In case the weekly salary of the candidate increases anytime within 6 months after start, the difference of the agency fee will be invoiced and paid by the client.
2.4. The Client can have up to two trial days (with maximum 7 days apart) without being charged before offering the job. If more trial days are required the Agency might invoice the client before the trial days or request a deposit.
3. REFUND POLICY/PENALTIES:
3.1. Conditions of refund and replacement:
3.1.1. The agreed work conditions are met and the work environment is acceptable
3.1.2. The agreed Agency fee was paid by the Client as in the "T & C 2.2"..
3.2. A full refund will be paid or free replacement arranged (whichever is preferred by client) if the Candidate does not show on the date of agreed commencement or cancels before the start date.
3.3. If for any reason the Client cancels the engagement before the job begins, 25% of the Agency fee will be refunded (provided this fee was paid as in "T & C 2.2").
3.4. If the client fails to pay the agency fee on time as in "T & C 2.2" and either the client or the candidate terminates the contract any time the client must pay temporary agency fee for the time spent by the candidate including trial days.
3.5. If the client fails to pay the agency fee in 48 hours after the first reminder (sent not earlier than 14 days after client being invoiced or the start date whichever is sooner) a £100 fee is charged by the agency. 48 hours after the second reminder (sent not earlier than 28 days after client being invoiced or the start date whichever is sooner) a £250 fee is charged by the agency and the candidate will be informed that her/his employment must be terminated due to contract violation.
3.6. REFUND TABLE:
The Agency will provide a replacement or a refund according to the Refund Table (whichever is preferred by Client) if the Candidate`s employment terminates in the first 8 weeks. The first day of the employment must be proved by either a signed contract or a letter or an email from both the Client and the Candidate. The last day of the employment must be proved by either a letter or email from both the Client and the Candidate. For the last day the last working day is considered not the date of the notice given.
3.6.2. Refund amount
Permanent placement (percentage of the invoice)
Week No.1&2: 100% Week No.3: 75% Week No.4: 50% Week No.5: 40% Week No.6: 30% Week No.7: 20% Week No.8: 10%
If the nanny leaves before the end of the agreed period, a refund is due for the unspent time the client paid for in advance or a replacement will be arranged for free of charge.
All information supplied by the Agency is strictly confidential. The passing on of details of a Candidate to third parties will hold the Client liable to pay the full Agency Introduction fee according to the relevant fee structure.
The Client is not allowed to privately offer employment or occasional babysitting to the Candidate without the Agency`s knowledge at any time after introduction. The booking of a babysitter introduced by the Agency has to go through the Agency unless the Client has paid the £150 Permanent Babysitter Introduction fee.
The Client must destroy all information, documents, etc of all the Candidates the Agency sent to the Client if the job was not offered and the Client must not contact the Candidate any time in the future without the Agency's permission.
By agreeing to these terms and conditions the Client gives permission to the Agency to pass on contact information to suitable Candidates.
Barnet Nannies and Maternity endeavours to find the most suitable Candidate for the Clients and only registers Candidates of the highest standard. However, we strongly advise Clients to carry out their own `investigation` and make appropriate preparations for the interviewing of the Candidate. We register Candidates with up to date CRB and First Aid certificate. However, in rare cases, the Candidate does not have an up to date CRB or First Aid certificate and the agency does not take responsibility if the Client offers employment to a candidate without these documents and later finds out that the candidate has a criminal record. The Agency does not make any guarantee of the success of the Employment.
Barnet Nannies and Maternity shall not be liable under any circumstances for any loss, damage, expense, claims, delay, cost or compensation which may be suffered by the Client arising from or in any way connected with the Agency seeking for a Candidate or Engaging a Candidate with the Client. Barnet Nannies and Maternity is a childcare staff placement agency and does not employ the childcarers it uses. It keeps details of childcarers and puts them in touch with clients who are seeking a childcarer. Therefore, the Clients should ensure that any childcarer they employ has current Public Liability insurance with a minimum limit of £1M.
Variation to these terms and conditions can only be made with the written consent of the Director of the Agency.
6. Right to Cancellation in accordance with the Consumer Contract Regulations
6.1. If, and only if, the Client is an individual consumer, then he/she may cancel this Agreement within 14 days ("cooling off period") of entering into it. Accordingly, the Agency is under no obligation to commence provision of the Services until after the expiry of that cooling-off period.
6.2. If the Client requires the Agency to provide the Services sooner than 14 days after the Agreement has been made, he/she must instruct the Agency to do so in writing, acknowledging that he/she will lose his right to cancel upon such instruction.