Definitions and interpretation
Agency means Huddersfield and Holmfirth Nannies;
Applicants means an individual wishing to provide Childcare Services to a prospective Employer;
Childcare Services means full and/or part-time nanny services;
Employer means any person contacting the Agency seeking introductions to Applicants;
Engagement means a situation in which an offer of has been made by an Employer to an Applicant and has been accepted by an Applicant
Fees means the Employer's standard scale of fees and charges;
Introduction Services means the introduction of Applicants to the Employer in accordance with the Contract;
These Terms and Conditions shall represent a legally binding contract between Huddersfield and Holmfirth Nannies ("the Agency") and the employer.
The verbal or written instruction of the Agency by the Employer or the Employer’s appointed agent, to submit suitable Applicants for contact or interview, shall constitute acceptance of the Agency's Terms and Conditions.
Huddersfield and Holmfirth Nannies will endeavour to introduce the Employer to potential suitable Applicants.
Huddersfield and Holmfirth Nannies will provide, where possible, details of such Applicants to the Employer including:
· disclosure on the Applicant from the Criminal Records Bureau conducted at any time during the period of 12 months prior to the date of these terms and conditions
· minimum of two references from previous employers (one of which must be the present/last employer) and/or college.
· where available, all other relevant information supplied by any Applicant considered by the Agency to be suitable.
The Employer agrees to notify the Agency immediately:-
· an offer is made by an Employer to employ an Applicant and the offer has been accepted by an Applicant
· to supply details to the Agency of the date of commencement and agreed wages and/or other payment terms of employment;
· if the nature of any Engagement of an Applicant changes in any way during the period of two months from commencement of the original Engagement so as to result in a change of Childcare Services being provided by that Applicant falling within a different category which would have required a higher Fee to have been paid to the Agency if the subject of the original Engagement, the date of such charge;
· the commencement of any Childcare Services to a third party so as to result in a payment pursuant.
· upon any decision by the Employer to cease to use the Introduction Services of the Agency.
The Employer is solely responsible for ensuring that an Applicant is eligible to work in the United Kingdom and for obtaining any work permits that may be necessary and for arranging any medical examinations and/or investigations into the medical history of any Applicant.
The Employer 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 an Applicant and in any other way relating to the Engagement. The Agency shall have no responsibility whatsoever for information that may be given by the Agency in connection with taxation payments and national insurance contributions relating to any engagement. . This is given on the basis that the Employer shall be responsible for confirming and verifying accuracy and effect of such information.
The Employer agrees to provide the Agency with completeness, truth and accuracy of any information supplied to the Agency and agrees to inform the Agency of all information from time to time relevant to the provision of Introduction Services by the Agency including any change of circumstances.
The Employer agrees to disclose to the Agency all information necessary and relevant to best enable the Agency to undertake the Introduction Services and as requested by the Agency from time to time.
Either party may terminate the Contract immediately on written notice to the other.
The Employer shall continue to be bound by the terms of condition in respect to any fees payable for an introduction of an Applicant made by the Agency to the Employer prior to termination.
Termination of Engagement - Applicant
Once a Fee has become payable there can be no refunds except in the specific circumstances referred to below:
If an Applicant, after entering into an Engagement, commences then ceases to provide any Childcare Services to the Employer within four weeks of commencing provision of such services then at the option of the Agency:
(a) all Fees payable or paid in respect of the introduction of that Applicant shall be waived or refunded as follows:
1 to 2 weeks
3 to 4 weeks
(b) where possible the Agency will provide to the Employer, within the period of two weeks after notification, details of one further Applicant considered by the Agency to be suitable. Should this applicant be given an offer of engagement the full 100% of the original fees will again apply.
Employer's requirements provided that in each case:-
· the Employer notifies the Agency in writing within three days' of the termination of the Engagement and/or provision of Childcare Services;
· the termination of the Engagement and/or provision of Childcare Services was not caused by the act or omission of the Employer without good cause.
If an Applicant for Childcare Services fails to commence provision of Childcare Services then any Fee payable for that introduction shall be waived and/or refunded except where this was caused by an act or omission of the Employer without good cause. Otherwise all Fees for such Applicant are payable in full.
Termination of Engagement – Employer
If the Employer wishes to cancel a booking due to extenuating circumstances, the Employer can do so by informing the Agency in writing providing twenty one days notice, the Agency reserves the right to charge up to 25% for the work incurred.
If the Employer cancels a confirmed booking less that fourteen days prior to the commencement of the Applicant, the full fee is payable and one weeks salary is payable to the Applicant.
The Agency is acting as introductory agent only and accepts no responsibility whatsoever for Applicants. The final decision to employ an Applicant rests with the Employer.
Whilst every effort, including reference checks, is made to provide suitable Applicants, the Agency can give no warranty, representation or undertaking as to the suitability, honesty or capability of any Applicant or the completeness, truthfulness or accuracy of any information or statement or reference provided by the Agency to the employer. Verification of all such information and references shall be the responsibility of the Employer.
The Agency does not employ the Applicant and upon an Engagement of an Applicant by an Employer the contractual relationship shall be between the Employer and the Applicant only and the Agency shall neither be a party nor be responsible for any negotiations or otherwise. The Agency can give no warranty, assurance or guarantee that an Applicant will honour its commitments with respect to any Engagement with the Employer.
The Agency shall not be liable for loss, damage or personal injury arising directly or indirectly out of any introduction of an Applicant to the Employer. The Agency will not be liable for any act or omission of any Applicant. The Agency will not be liable as a result of providing a specimen contract of employment or contract for services to the Employer, in relation for which the Employer should seek independent advice.
The employer 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.
Huddersfield and Holmfirth Nannies has the right to refuse to represent an employer at any time.
The Employer consents to the disclosure of all information provided by the Employer to the Agency for the purpose of procuring Childcare Services to any third party, including, without limitation, any potential Applicant.
All correspondence, both written and oral communication shall be confidential and remain the property of the Agency. Information supplied by the Agency is confidential and is accepted by the Client on the condition that such information will not be disclosed to third parties including through any failure to exercise all due care and diligence.
The Employer's obligations of confidentiality and non-use in this condition shall continue after termination of the Contract.