Terms and Conditions of Business
The Agency undertakes business on the following Terms which shall represent a legally binding contract between the Agency and the Client.
These Terms and Conditions of Business should be read in conjunction with the schedule headed “Fees” which form part of these Terms and Conditions.
1) The following Definitions apply:
a) “AGENCY” refers to Empire Nannies, Kemp House 152-160 City Road London EC1V 2NX.
b) “CLIENT” refers to the person named on the Client Registration Form for whom the Agency has agreed to provide Childcare Services in accordance with these Conditions.
c) “CANDIDATE” means a person introduced by the Agency to the Client for consideration for an engagement.
d) “REGISTRATION FORM” refers to a booking document, application form, quotation or other written instruction describing the Agency services.
e) “INTRODUCTION” refers to the passing by the Agency to the Client of Applicants profiles or any other information in which would identify the Applicant.
f) “PLACEMENT” refers to the agreement between the Client and the Candidate that the Client will employ or use the services provided the Candidate
g) “ENGAGEMENT” refers to the engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis, whether under contract of service or services.
h) “SERVICES” refers to the introduction of a Candidate to the Client by the Agency in accordance with this Agreement.
i) “AGREEMENT” refers to the contract between The Agency and the Client for the provision of the services incorporating these Terms and Conditions.
j) These Terms and Conditions are deemed to be accepted by the Client by virtue of either.
k) The submission of the Agency Registration Form.
l) The Clients written instruction to the Agency to submit suitable Applicants for a position.
a) Clients must complete the online Registration Form, please ensure you have read and accept our Terms and Conditions of Business and Structure of Fees. In submitting this form will confirm your acceptance of the Agency’s Terms and Conditions of Business.
3) Fee structure
a) All Fee charged are stated in British Pounds Sterling
i) UK BASED PLACEMENTS
(1) Permanent staff 5 x weekly net salary.
(2) Temporary staff £120 per week or part of any week.
(3) Trial Day £30 per day.
(4) Maternity Nurse £20 per day minimum fee of £100 per week.
ii) OVERSEAS PLACEMENTS
(1) Permanent staff 20% of annual gross salary.
(2) Temporary staff full time or part time £150 per week or part of any week.
(3) Maternity Nurse £30 per day minimum fee of £150 per week.
b) The Agency will submit an invoice for the appropriate fee to the Client, upon an offer of engagement made to and accepted by the Candidate and is payable within seven days of date of invoice, or prior, if the Candidate will be departing from their country of residence to a placement outside of the United Kingdom.
c) There will be a surcharge of 20% per week outstanding on any invoice not settled within seven days of date of invoice.
d) Any invoice that remain outstanding after 30 days from the original date of invoice, the Agency reserves the right to pass the invoice to a Debt collection agency and may result in additional charges to the Client, the Agency is entitled to recover and reasonable expenses incurred in obtaining payment from the Client due to late payment.
e) All payments must be made in British Pounds Sterling. If any cheque from the Client is returned from the bank as unpaid for any reason, the Client will be liable for an administration fee of £25 or such increased fee as the Agency may from time to time reasonable require.
f) Fees are not presently subject to VAT (the Agency is not currently VAT registered)
g) Fees charged relate to one Placement only.
4) Additional Fees
a) Should a Candidate on a Temporary or Maternity Placement become a Permanent Placement, the Client undertakes to notify the Agency of this fact and an additional fee shall be immediately payable equivalent to the difference between the fee already paid and the fee for a Permanent Placement.
b) Should a Temporary or Maternity Placement be extended, an additional fee shall be immediately payable, the Client undertakes to notify the Agency of this fact and to pay the relevant Placement fee.
c) A Temporary Placement is considered as a Placement for any period less than twenty six consecutive weeks.
d) Should the Client re-engage the Candidate at any time, the Client undertakes to notify the Agency and to pay the relevant Introduction fee again.
e) Fees concerning Maternity Nurse Placements are due from the Clients original booking date to the finish date of the engagement.
f) Should a Client employ a Candidate that was introduced by the Agency and fails to notify the Agency of this fact in writing within two days, an invoice will be submitted and the relevant Placement fee will be payable and be subject to a surcharge of 50%
g) The Candidate will not commence employment if Agency Fees have not been paid in full.
5) Responsibilities of the Client.
a) The Client shall specify any requirements by providing The Agency with full details of the role and responsibilities of the Candidate. The Client is accepting and agreeing that the information received will be shared with prospective Candidates.
b) The Client agrees to notify the Agency, in writing, as soon as an offer of employment has been made to, and accepted by the Candidate, or as a result of any introduction by the Agency and pay the relevant placement fee.
c) The Client is responsible for the Candidate’s remuneration, Tax and National Insurance Contributions, and providing the Candidate with a contract of employment, explaining the working conditions, rights and responsibilities, this is solely arranged between the Client and the Candidate. The Agency can provide the Client and Candidate a contract of employment draught to be used only as a guide if needed.
d) The Client is requested to reimburse all reasonable travelling expenses to any interview upon presentation of travel receipts from the Candidate.
e) The Client is responsible for payment to the Candidate if a “trial day” is requested, the “trial day” should be no longer than one ten hour day, and the Client agrees to pay the Candidate one full day’s payment at a pre -negotiated rate agreed by both parties.
f) In confirming the engagement of a Maternity Nurse, the Client must confirm the dates in writing to the Maternity Nurse and is liable to pay the nurse from the date she is booked regardless of the fact that the baby may arrive earlier or later than expected. Most Maternity Nurses have their own contract which they will forward to the client.
g) Maternity Nurses are self-employed individuals.
6) Overseas Engagements
a) The Client is solely responsible for ensuring the Candidate is eligible to work in the Client’s country.
b) The Client is responsible for arranging, obtaining and payment of all his/her return travel prior to the commencement of employment.
c) The Client is responsible for arranging, obtaining and payment for any Work Permit/Visas and all immigration requirements that are necessary.
d) To Client is responsible for arranging, obtaining and payment for the Candidates Health Insurance, Travel Insurance.
e) The Client is responsible for the Candidate’s remuneration, Tax and National Insurance Contributions, and providing the Candidate with a contract of employment, explaining the working conditions, rights and responsibilities, this is solely arranged between the Client and the Candidate. The Agency can provide the Client and Candidate a contract of employment draught to be used only as a guide if needed.
f) The Agency accepts no responsibility if the Candidate is refused entry by a countries immigration authorities, or are not permitted to remain in that country as a result of the Client failing to arrange and obtain a valid Work Permit.
7) Agency Services
a) The Agency shall supply the services as specified in the Registration Form, and shall perform the services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations
b) The Agency endeavours to provide the Client with suitable Candidates and shall take all reasonable steps to introduce Candidates who are of sound character, honest and reliable but cannot be held responsible for the conduct of any Candidate.
c) The Client will be responsible for taking up references and obtaining confirmation of qualifications and references and shall satisfy him or herself as to the suitability of any Candidate introduced by the Agency regarding the position offered.
d) The Agency operates as an Agency introducing Clients to prospective Candidates.
e) The Agency does not employ Candidates either directly or indirectly
f) The Agency does not provide any legal advice to the Client or the Candidate regarding the contract of employment.
g) The Agency suggests the Client ensures their home contents insurance includes cover for employees and public liability insurance for any child care provider in their employ.
h) No variation or alteration to these Terms and Conditions of Business may be made without the written consent of the owner of this Agency.
a) The Agency will provide a full refund if a Candidate does not commence employment and the following criteria had been adhered to.
b) The Client has notified the Agency in writing of this fact within two days.
c) The Client has paid the Agency Placement Fee in full within seven days of date of invoice.
a) Should the Candidate in a permanent engagement leave, or be asked to leave by the Client within six weeks of the date of commencement, the Agency will offer the Client one replacement Candidate free of charge. The Agency shall provide the Client with up to three Candidate profiles from a suitable selection based on the information and requirements originally provided by the Client in the Registration Form and will be provided with six weeks of notice to the Agency. The Agency accepts no liability and is not obliged to offer a replacement or any refund if the Client finds the Candidates profiles unacceptable and does not wish to engage any of the potential Candidates.
b) Should the Candidate in temporary or maternity engagement leave, or be asked to leave by the Client within two days of the date of commencement. The replacement provisions in clause (8 a) will apply.
c) The Agency cannot guarantee that the Candidate will complete his or her proposed length of Engagement.
d) The Agency will offer replacements if the following criteria has been adhered to:
e) The Client has paid the Agency Placement Fee in full within seven days of date of invoice.
f) The Candidate did not leave employment due to unreasonable demands placed upon them by the Client.
g) The Client has not changed the employment conditions of the Candidate as agreed in the contract.
h) The Clients intention to employ a Candidate remains.
i) The Client does not use the services of any other agency or to search independently, during the six week period for The Agency to find a replacement.
j) Should the Client find a Candidate independent of the Agency, the Agency will offer no other Candidates for free replacement.
k) Once a free replacement Candidate has been found, there will be no further replacements offered.
a) Should the Client cancel the employment of the Candidate (either verbally or in writing) after terms have been agreed but before the engagement commences, the Client will be liable for 50% of the original Placement Fee and will become due within seven days of date of invoice.
b) The Client agrees to pay the Candidate one week’s salary to compensate for their loss of earnings.
a) The Agreement shall continue until the Services have been provided in terms of the Registration Form or for subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
b) Either party may terminate the Agreement by notice in writing to the other if:
i) The other party commits a material breach of these Terms and Conditions and in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
ii) The other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances.
c) The Agent may terminate the Agreement if the Client has failed to make over any payment due with 30 days of the sum being requested
d) In the event of termination the Client must make over to the Agent any payment for work done and expenses incurred up to the date of termination.
12) Limitation and Liability
a) 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.
b) The Agency accepts no liability for any loss, damage, expense or compensation suffered or incurred by any nature by the Client, arising directly or indirectly from an act or omission by any Candidate introduced to the Client by the Agency.
a) 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 of Business.
14) Force Majeure
a) 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 machinery or shortage or unavailability of raw materials from natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
a) All information supplied by the Agency whether it is written or verbal is confidential and should not be passed directly or indirectly to any third party. Should the Client pass any details, information or recommendations of the Candidate to a third party which subsequently results in employment for the Candidate, the Client will be liable for the full introduction fee and these Terms and Conditions shall apply.
16) Entire Agreement, These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
17) Governing Law
a) These Terms and Conditions of Business shall be governed by and construed in accordance with the law of the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.