(a) Nannies Incorporated Limited ('Company') acts as an agent to introduce suitable candidates to work as nannies, maternity nurses/nannies and housekeepers ('Applicant') for its clients ('Client'). The Company does not employ any of the Applicants, directly or indirectly. Applicants are introduced to Clients on the basis that they will be employed by the Client, unless the Applicant is self-employed.
(b) Clients undertake to notify the Company immediately upon any offer being made which results in the engagement of an Applicant.
Engagement Fees
(a) Fees charged relate to one engagement only. If an Applicant subsequently rejoins the Client at any time in the future, the Client undertakes to inform the Company and to pay the relevant introduction fee again.
(b) Accounts must be paid within ten days of the invoice date failing which may result in the cancellation of the engagement.
(c) All engagement fees quoted are exclusive of V.A.T., Applicant's salary and other chargeable expenses of the Applicant and/or the Company.
(d) In the case of overseas Clients, payment must be made within ten days of the invoice date and in any event before the Applicant leaves the U.K. to take up her position.
Cancellation
(a) In case of cancellation of any engagement by the Client prior the commencement of the Applicant's position and after an invoice has been issued, 50 % of the agency fee is payable. Should the cancellation occur two weeks or less prior to the commencement date, the full agency fee remains payable by the Client.
(b) All engagement fees relating to any cancelled bookings by the Client remain payable even in case of an outstanding payment.
Temporary & Maternity Nurse Placements
(a) Fees relating to maternity nurse placements are due from the original booking date to the end of the placement, even in case of delayed or pre-mature birth and subsequent change of dates.
(b) Clients undertake to notify the Company if any Applicant for a temporary position remains with the Client, and in such event an additional full fee for a permanent introduction shall be payable by the Client. Placements are considered to be temporary up to 16 weeks.
Refund Policy
Refunds are granted in the following circumstances:
(a) A full refund is available if an Applicant fails to take
up her employment.
(b) A refund will be granted when an Applicant for a permanent position leaves her employment within eight weeks from the commencement and no suitable replacement is found within one month of notification to the Company. We will take the weeks worked into consideration on a temporary fee basis and reimburse the difference between the permanent and the temporary fee.
(c) If a suitable replacement candidate is found and not accepted by the Client no refund will be offered.
(d) A refund will be granted when the working conditions and original specification of the position have not changed.
(e) A refund will be granted only if the departure is due to an unprofessional conduct of the Applicant.
All instances of termination of employment where a refund is claimed must be notified in writing to the Company within three days of the termination of the employment. No claim for refund can be entertained by the Company where payment has not been received in full by the Company within ten days of the invoice date, and in any case prior to the commencement date of the Applicant's position.
Confidentiality & Suitability
(a) All introductions of Applicants by the Company and their personal details shall be kept strictly confidential by Clients. Clients undertake not to disclose any introductions to third parties. Any breach of this undertaking resulting in the employment of an Applicant by a third party renders the Client liable for full payment of the Company's introduction fee.
(b) The Company uses its reasonable endeavours to establish the suitability of any Applicant for introduction to the Client. However, all responsibility for ascertaining the suitability of any Applicant for the engagement remains with the Client. The Company does not accept under any circumstances and excludes liability for any loss, damage, expenses incurred or suffered by the Client allegedly arising from the acts of the Applicants introduced by the Company.
General
(a) Clients agree to reimburse reasonable travel expenses incurred by Applicants attending interviews.
(b) No variations to these terms of business, either expressed or complied, may be made without the written consent of a director of the Company.
(c) These terms of business are governed by English law and all disputes arising our or in connection therewith shall be subject to the jurisdiction of the English courts.