Terms of business
1. Introduction
(a) Nannies Incorporated Limited (‘Agency’) acts as an agent to introduce suitable candidates to work as maternity nurses, nannies or governesses (‘Applicant’) for its clients (‘Client’). The Agency does not employ any of the Applicants, directly or indirectly. Applicants are introduced to Clients on the basis that they will be employed by Clients unless Applicants are self-employed.
(b) The Client undertakes to notify the Agency immediately upon any offer being made which results in the engagement of an Applicant.
2. 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 Agency and to pay the relevant introduction fee again.
(b) The Client undertakes to notify the Agency 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.
(c) Bookings are confirmed on payment of invoice, payments can be made by bank transfer within 5 days of invoice date or in any case before a candidate starts her placement. The Agency reserves the right to cancel a placement if the agency fee has not been paid in full within this specified time frame. Late payment cancels the right for a replacement or a refund.
(d) Fees relating to a maternity nurse placement are due from the original booking date to the end of the placement. In case of a premature birth and the maternity nurse starting her booking earlier, an additional fee will be due.
(e) All engagement fees quoted are exclusive of VAT (when applicable), Applicant’s salary and other chargeable expenses of the Applicant and/or the Agency.
(f) No initial registration fee applies to commence a search.
3. Cancellation
(a) In case of cancellation of any engagement by the Client prior to the commencement of the Applicant’s position and/or after an invoice has been issued, 50% of the agency fee remains payable to the Agency. Should the cancellation occur 4 weeks or less prior to the commencement date, the full agency fee remains payable by the Client.
4. Refund Policy
A guarantee period for permanent placements covers the first 8 weeks of employment. 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 8 weeks from the commencement and no suitable replacement is found within two months of notification to the Agency.
Invoices are issued only once, during the initial placement and before the start of employment of the nanny. If the nanny stays beyond the first year, no additional invoice will be issued. In return for the payment of our fees, we offer a generous 8-week guarantee period.
If during this period, one of the two parties decides to terminate the contract for professional reasons, our first responsibility is to find a replacement. If we are unable to do so, we will reimburse you for all of the fees paid, less the pro rata of the fees paid per week worked.
(c) No refund will be granted if the Client does not request a replacement.
(d) A refund will be granted when an Applicant for a temporary position leaves before the agreed end of the placement and if the Agency does not find a suitable replacement. In such an event, weeks not worked will be reimbursed to the Client.
(e) If a suitable replacement candidate, with relevant experience for the position and of a similar profile is found and not accepted by the Client, no refund will be granted.
(f) A refund will be granted only if the working conditions and original specification of the position have not changed.
(g) A refund will only be granted if the Applicant’s departure is due to unprofessional conduct on her part and not due to a change in personal circumstances of the Client.
(h) All instances of termination of employment where a refund is claimed must be notified in writing to the Agency within three days of the termination of the employment. No claim for refund can be entertained by the Agency where payment has not been received in full by the Agency within 5 days of the invoice date, and in any case prior to the commencement date of the Applicant’s position.
5. Confidentiality & Suitability
(a) All introductions of Applicants by the Agency and their personal details shall be kept strictly confidential by the Client. The Client undertakes 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 Agency's introduction fee, if the third party is not paying it.
(b) The Agency 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 Agency 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 Applicant introduced by the Agency.
6. General
(a) These terms of business are non-negotiable and by interviewing and subsequently employing an Applicant introduced by the Agency, the Client is considered to be in agreement with these terms of business.
(b) All immigration formalities, tax & social security payments, contracts and medical cover are the sole responsibility of the Client.
(c) The Client agrees to reimburse reasonable travel expenses incurred by the Applicant attending interviews and travel expenses related to starting and finishing the position.
(d) No variations to these terms of business, either expressed or complied, may be made without the written consent of the Director of the Agency.
(e) These terms of business are governed by English law and all disputes arising out of or in connection therewith shall be subject to the jurisdiction of the English courts.