Terms and Conditions
Thank you for choosing Real Nannies to fill your vacancy. Real Nannies charges a one-off introduction fee of 10% of the Candidates gross annual salary payable only upon an offer of engagement.
Last Updated: February 2021
REAL NANNIES (Real Nannies is Carly Lucas trading as Real Nannies at Lewisham way, London SE14 6PD)
TERMS AND CONDITIONS OF BUSINESS:
Please read this document carefully as it sets out the Terms and Conditions between Real Nannies (the Agency) and the employer (the Client/you) relating to the introduction of staff (Candidates) to the Client by Real Nannies which is a legally binding contract.
“Agency” means Real Nannies (Real Nannies is Carly Lucas trading as Real Nannies at Lewisham way, London SE146PD)
“Agency fee” means the relevant fee payable to the Agency for the Services provided.
“Candidate” means a person introduced by the Agency to the Client as requested for the purposes of employment.
“Client” means the client named on the client registration form for whom the Agency has agreed to provide the Services in accordance with these Conditions.
“Client Registration Form” is a document the Client completes and sends back to the Agency and by doing so the Client agrees to the Terms and Conditions of the business and the Fee Structures.
“Engagement” means the engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services.
“Introduction” means the passing by the Agency to the Client of Candidates profile or other information relating to the candidate.
“Instructions” means the instructions provided by a Client, whether orally or in writing, to the Agency to effect introductions to him/her for the purpose of obtaining Services on a permanent or temporary basis
‘’Placement fee’’ means the full fee for placing a Candidate with a Client.
“Services” means the services provided by the Agency to the Client as described in these Conditions.
2.1 This agreement is between the Agency and the Client for the introduction of permanent or temporary staff. These Terms and Conditions shall be deemed to have been accepted once the Client has completed the Client registration form or the passing by the Client any information about a Candidate.
2.2 The Agency acts as an Introduction Agency introducing Candidates to the Client for direct engagement by that Client. Real Nannies is not an employer of child carers but acts as a childcare placement Agent to its Clients.
2.3 These Terms & Conditions of Business shall be governed by the laws of England & Wales.
2.4 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates.
2.5 These terms contain the entire agreement between the parties and unless otherwise agreed in writing by the Agency, these terms take precedence and shall prevail over any other Terms of Business or conditions put forward by the Client.
3.OBLIGATIONS OF THE CLIENT:
3.1 In order for the Agency to select suitable Candidates for interview, the Client is required to provide the Agency with the identity of the hirer and an accurate detailed job specification. This must include but is not limited to: hours on duty; days on duty; the ages of the children that the Candidate is to be appointed to care for; any special needs that these children may have; the location of where the Candidate shall work, start dates, proposed salary and any other information that may be important to the Agency that may influence the Agencies selection of Candidates deemed appropriate.
3.2 The Agency will refer to the Candidates expected weekly wages in GROSS terms but it will be the Clients responsibility to determine the final cost of employing any proposed candidate.
3.3 All Candidates are to be employed by the Client directly in line with current employment legislation including but without limitation; paying the Candidate's Tax and National Insurance contributions (unless the Candidate provides written evidence that they are self-employed); and that the Client is providing a suitable working environment which does not compromise the health and safety of the Candidate.
3.4 The Client shall notify (either verbally or written) the Agency immediately upon any offer of engagement to a Candidate that has been accepted. The Client must provide details of the commencement date, duration, or likely duration, duties, pay, hours and place of work, holidays and notice period. The Agency will assume that all details of the Engagement have been agreed between the Client and the Candidate unless the Client informs Real Nannies in writing to the contrary prior to the commencement of the Engagement.
3.5 The Client shall be responsible for obtaining satisfactory references; work permits, relevant medical history of Candidates, OFSTED qualifications, criminal record checks (DBS,) copies of relevant qualification certificates including paediatric first aid certification, and any other registration or certification through any other professional body.
3.6 Clients requiring the Candidate to drive whilst performing their duties, must ensure that the Candidate holds a current full driver's license and cover related costs associated with any insurances.
3.7 Clients requiring the Candidate to travel outside of the U.K whilst performing their duties, must cover any related costs and ensure that the Candidate is properly insured (medically and otherwise.)
3.8. Clients are also encouraged to conduct second-round interviews with Candidates or Temporary Workers, following the Agencies initial interview with a Candidate, as well as verifying information provided to the Agency provided by referees.
4.OBLIGATIONS OF THE AGENCY:
4.1 The Agency shall only introduce Candidates to the Client that they have interviewed. The Interview of Candidates involves, but is not limited to, understanding Candidates previous employment experiences; their preferences and requirements from future employers and their suitability to work with their preferred age group. The Agency will have also obtained a minimum of two references from referees who confirm the Candidate’s suitability to work with Children. Whilst every care is taken to pre-screen and select Candidates deemed suitable for the position of working with children, the screening and decision on the suitability of the Candidate is the sole responsibility of the Client.
4.2 The Agency encourages Candidates to ensure their DBS Certificate is renewed every 12 months or that the Candidate has subscribed to the DBS Update Service. If a Candidate who does not have an up-to-date DBS Certificate and/or are in the process of obtaining one, then the Agency will inform the Client. However, it is the Client's responsibility to ensure that DBS Checks are carried out on the Candidate and that the Candidate’s DBS Certificate is renewed and checked by the Client on a regular basis throughout the Candidate’s Engagement
4.3 After the offer of employment has been accepted and concluded the Agency will not be held responsible for any loss, damage, delay, clash of personalities or for any other circumstances that may arise beyond its control. The Agency will not be held responsible nor get involved with any dispute which should be resolved between the Client and the Candidate.
4.4 The Agency does not employ the Candidates introduced and any Contracts of Employment entered into is between the Client and the Candidate. The Agency is not responsible for any non-compliance of the Client or the Candidate.
4.5. Written consent from a Candidate or Temporary Worker is required in order for the Agency to be able to share sensitive personal data with third parties under the General Data Protection Regulations, which is why we are sometimes unable to share this data.
4.6 The Agency can provide details for a Payroll company who can offer the Client and the Candidate a specimen Contract of Employment but makes no representations whatsoever in relation to that document and cannot provide any legal advice to either party as to its content or the terms of employment between the Client and the Candidate or in fact any terms and conditions therein.
5.1 The Client agrees to not directly or indirectly work around, avoid, circumvent or otherwise bypass the Agency with the intent or effect of depriving the Agency of the Agency Fees.
5.2 As soon as the Client enters into any Engagement in accordance with 3.4, the full amount of the Fee is payable to the Agency (whether demanded or not). This applies even if the Client has not notified the Agency of the Engagement. It is the Client’s full responsibility to inform the Agency once an offer of employment has been accepted by a Candidate.
5.3 Payment is due by the Client within 7 days of the date of any invoice. If the invoice has not been paid within 7 days of the date of the invoice then the replacement and refund provisions detailed at 6 – 6.11 will not apply.
5.4 In the event of late payment (outstanding more than 7 days after the invoice date) The Client shall pay interest on the amount outstanding at 10% of the invoice value.
5.5 Payment shall be made in GBP Sterling by direct transfer to the Agency’s bank account and for the avoidance of doubt, the Client is solely responsible for paying all bank transfer, currency conversion and other fees and charges so that the full amount of the invoice is received by the Agency:
5.6 Where the Candidate salary is not known or is not disclosed, the Agency may calculate the salary and the Fee will be based on the Agency estimate of the salary.
5.7 The Introduction Fee is payable if the Client engages the Candidate within a period of 12 months from the date of:
(b) The Clients withdrawal of an offer of engagement
(c) The Candidates rejection of an offer of engagement (whichever is the later).
the Client undertakes to inform the Agency within 7 days and pay the relevant Agency Fee.
5.8 The Agency Fee charged relates to one Engagement only. If a Candidates agreed temporary Engagement is extended within 12 months of the initial introduction the Agency’s full fee will be payable.
6. REFUNDS AND REPLACEMENTS:
6.1 Except as referred to in condition 6.3, no refund will be payable if a Candidates employment with the Client comes to an end for any reason, and, to the extent it remains unpaid, the full introduction fee will remain payable to the agency.
6.2 If the Client cancels an Engagement before commencement then the full Agency fee is payable. If the Client cancels within fourteen days before the Commencement date then the Client shall in addition pay the Candidates cancellation fee of one full week’s agreed salary.
6.3 In the event of a Candidate failing to commence employment with the Client after accepting an offer of employment in writing then the Client will receive a full refund (subject to condition 6.6)
6.4 If a Candidate or Client lawfully terminates the employment within the first eight weeks after its commencement, then the Agency’s policy is as outlined below. This is only applicable when no suitable replacement has been found through Real Nannies within 4 weeks of receipt of notice from the Client to Real Nannies for the termination of the Candidate and the Client has not unreasonably refused the proposed replacement candidate:
(a)Should the client decide to make other arrangements or request that no replacement be found then no refund will be given.
(b)If the termination is within the first 4 weeks of commencement 50% refund
(c) If the termination is within 4- 8 weeks after commencement 20% refund.
6.5 After the eight-week guarantee period has elapsed no refunds or replacements will be given if the Agency cannot find a replacement within 4 weeks of notice of Candidates termination. (subject to condition 6.6)
6.6 The above refund and replacement terms will not apply if:
(a)The Agency is not informed in writing within 2 days of the employment coming to an end.
(b)The invoice is not settled in full within 7 days of the date of invoice.
(c) The Candidate leaves due to working conditions being contrary to those agreed upon prior to commencement of employment, or due to the mistreatment of the Candidate with inappropriate and/ or unreasonable behaviour, actions, demands and that these are deemed inappropriate and /or unreasonable by the Agency, then the Client forfeits their options of any refund or replacement Candidate.
(d)The Client varies the request for replacement from that of the original specification.
(e)The Candidate left after week eight, including any period of notice worked.
(f) The Client has already had one replacement
(g) The Client has failed to honour a previously agreed start date, or has prevaricated over the commencement date to such an extent that the Candidate has sought employment elsewhere.
(h)The Client retains the services of that Candidate
6.7 The Agency cannot guarantee that the Candidate will complete his or her proposed length of Engagement.
6.8 Whilst the Agency shall endeavour to find a replacement Candidate the Agency makes no guarantee that such a Candidate will be found.
6.9 If subsequent to the Client receiving a refund the Candidate is re-engaged, then the refund shall be repaid to the Agency.
6.10 If the Client has to delay the commencement date of the Engagement of the Candidate (for example because of the birth of a baby later than expected) then the Client shall be liable to pay the Candidate the full agreed weekly salary from the agreed commencement date and no refund of the Agency Fee or any part thereof shall be payable.
7.1 The Client may cancel this contract within 14 days of entering into it. Accordingly, the Agency is under no obligation to start work until after the expiry of that 14-day period.
7.2 If, after an offer of Engagement has been made to the Candidate and accepted (either verbally or in writing) and the Client decides for any reason to withdraw from the agreement, the Client shall be liable as follows:
(a) If the start date is 14 days or less from date of cancellation the full fee is payable to the Agency plus one week salary to the Candidate
(b) If the start date is 15 days or more from date of cancellation 50% of the full fee is payable to the Agency.
8.1 The Client acknowledges that these Terms and Conditions do not create the relationship of employer/employee between the Agency and the Client or the Agency and the Candidate.
8.2. In providing the Services, the Agency is committed to maintaining a high level of service and efficiency. However, the Service is dependent upon the accuracy of information provided by the Client which is beyond the control of the Agency. Therefore, any decision as to the suitability of a Candidate and the decision to Engage a Candidate is sole discretion of the Client. The Agency does not accept responsibility and cannot be held liable for any loss; expense, damage, delay, costs or compensation (whether direct, indirect or consequential.) No Liability shall be attached to the agency either in contract or in tort as a result of the act or omission of a Candidate however so arising even if such act or omission is fraudulent or negligent.
9. DATA PROCESSING, CONSENT AND CONFIDENTIALITY:
9.1. By entering into this Agreement, the Client is providing explicit consent to the Agency to share their full name, telephone and/or mobile number, and home address to any prospective Candidates which the Client confirms to the Agency they wish to meet or interview. The Client also provides its explicit consent to emails being sent from the Agency to the Client’s email address. Some of these emails may contain Personal Data.
9.2 All information provided by either party to the other, including but not limited to any Personal Data relating to the Candidate or the Client, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Candidate.
9.3 The Agency will always seek a Candidate’s consent to submit their personal details to the Client for the sole purpose of facilitating the obligations of each party under these Terms and Conditions of business. The consent will allow the Client to retain the personal data for the duration of the valid introduction period. At the end of that period, the Client must destroy the personal data or arrange for further consent to be obtained from the Candidate.
9.4 The Client shall notify the Agency within 72 hours if a Data Subject or Regulator raises any enquiry, concern or complaint about how the Client or the Agency has handled the Shared Personal Data. The Client shall provide full co-operation and assistance to the Agency in relation to any enquiry, concern or complaint raised.
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