Terms & Conditions Contract and Privacy Policy
This Terms & Conditions Contract is between an employer/client, herein after to be called the ‘Client’ and Help Unlimited LLP OC327783 t/a The London Nanny Agency the owner of the London Nanny Agency. A Client is defined as a person(s) who approaches The London Nanny Agency either via verbal or written instruction and requests The London Nanny Agency to introduce the Client to a Nanny, Maternity Nurse, Mother’s Help (or any other childcare professional requested), herein after to be called the ‘Candidate,’ for the purpose of employment.
If you do not choose to hire one of our nannies there will be no fee payable.
By registering with The London Nanny Agency either verbally or through written instruction the Client accepts and wholly understands The London Nanny Agency’s Terms & Conditions of Business. Any and all business undertaken by The London Nanny Agency is transacted subject to the conditions herein set out, each of which shall be incorporated and implied by any agreement with The London Nanny Agency.
Services
The London Nanny Agency will introduce a Candidate to carry out work for the Client of such nature as notified by the Client. Upon placing this request, the Client will specify its exact requirements by providing the full details of the work for which the Candidate is needed to carry out.
The Client shall notify The London Nanny Agency immediately should it choose to engage a Candidate introduced or supplied by The London Nanny Agency. As a result of such engagement, the Client agrees to pay a placement fee in accordance with The London Nanny Agency’s Fee Structure.
The introduction of a Candidate to a Client by The London Nanny Agency, directly or indirectly, is confidential and such introductions are made individually. If the Client or a member of the Client’s staff or any acquaintance or associate of the Client, passes on an introduction to any other person or persons within six months of the Candidate’s introduction to the Client by The London Nanny Agency, resulting in the engagement of the Candidate, the Client shall be liable for payment of the full fee in accordance with the The London Nanny Agency’s Fee Structure for permanent placements.
The London Nanny Agency is run by experienced nanny recruitment consultants each with substantial experience in successful nanny placements and endeavours to ensure, but cannot not guarantee, the suitability of any candidate introduced by The London Nanny Agency to the Client. Suitability includes, but is not limited to, a Candidate’s character, honesty, reliability or professional capacity. The London Nanny Agency accepts no liability for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act or omission by any Candidate introduced to the Client by The London Nanny Agency. We do arrange enhanced DBS’s and paediatric first aid courses for our successfully placed permanent candidates if the certificates they hold in both are over a year old. However, we are unable to accelerate the enhanced DBS return once we have submitted it and it is in progress. In these circumstances (if the nanny’s start date is before it is returned) we may be able to run a List 99 pre-employment check which will be back before they start. If we are unable to arrange for the nanny to do a paediatric first aid course before the start date we will ensure that it is booked for as soon as possible after the start date. These are six hour courses that are Ofsted recognised.
Our Full Refund Scheme
If a Candidate engaged in permanent employment by the Client does not remain in the Client’s employment for at least four weeks or has their employment terminated by the Client within four weeks of commencement, The London Nanny Agency will provide a refund of placement fee excluding a £300 administrative fee, if all the following conditions are met:-
The Client notifies The London Nanny Agency within 24 hours of the Candidate’s notice of termination.
The Client paid The London Nanny Agency’s placement fee in full within 14 days of the invoice date, or by the start date (whichever is the soonest)
The Client has not changed the Candidate’s location of employment, the hours originally agreed by the Candidate and Client or the original job description and has provided the Candidate with a signed employment contract.
The Client did not terminate the Candidate’s employment or the Candidate did not resign due to unreasonable demands placed upon the Candidate by the Client or for reasons stated above in ‘3’.
The Client still intends to employ a Nanny.
The Client has allowed The London Nanny Agency 4 weeks (commencing from the date the Client notified The London Nanny Agency of the original Candidate’s resignation or notice of termination) as sole Agency engaged by the Client to recruit a suitable replacement Candidate to be engaged by the Client and the Client has not taken on another Nanny.
The client has arranged and provided all necessary work permits/visas for the nanny if she/he is asked to accompany the family overseas for any reason.
If the Client has not met the above conditions (1) to (6) The London Nanny Agency, the Client is responsible for full payment of the initial placement’s invoice and no refund is due. Should the Client find the Candidate unsuitable and still retains the Candidate under their employment, The London Nanny Agency will offer no refund to the Client.
If it is temporary employment we do not normally offer a refund (unless there are exceptional circumstances with prior agreement) if the nanny has started with the family. Agency fee is £30 per day.
Fee Structure
The Client holds full responsibility for informing The London Nanny Agency immediately upon enlisting the Candidate’s services whether the Client intends to engage a Candidate on a permanent or temporary basis. Unless specifically stated by the Client, a request for a permanent Candidate will be assumed by The London Nanny Agency, and the applicable fee will be charged to the Client.
1. Should the Client choose to engage a Live-In Candidate for permanent employment within the UK, The London Nanny Agency charges a standard fee equal to 6 weeks of the Candidate’s net salary if paid within 14 days of the invoice being issued. If payment has not been fully settled by 14 days of the invoice being issued OR by the commencement of the nannies employment (whichever is the soonest) then an additional 15% will be added to the invoice and it may delay the start date of the nanny and will affect the refund policy.
2. Should the Client choose to engage a Live-Out Candidate for permanent employment within the UK, The London Nanny Agency charges a standard fee equal to 5 weeks of the Candidate’s net salary if paid within 14 days of the invoice being issued. If payment has not been fully settled by 14 days of the invoice being issued OR by the commencement of the nannies employment (whichever is the soonest) then an additional 15% will be added to the invoice and it may delay the start date of the nanny and will affect the refund policy.
3. Should the Client choose to engage a Candidate for employment abroad, The London Nanny Agency charges a standard fee of 17.5% of the Candidate’s annual net salary if paid within 14 days of the invoice being issued. If payment has not been fully settled by 14 days of the invoice being issued OR by the commencement of the nannies employment (whichever is the soonest) then an additional 15% will be added to the invoice and it may delay the start date of the nanny and will affect the refund policy. It is the employer’s responsibility to check about and provide all relevant work permits/visas if the nanny is asked to accompany the family overseas for any reason whatsoever. The London Nanny Agency cannot be held responsible for arranging or advising over this issue.
4. Should the Client wish to engage a Candidate for temporary employment a fee of £30 per week night/day and £60 per weekend and bank holiday night/day will be charged if paid within 3 days of invoice or by commencement of employment whichever is the soonest. (a day or night is seen as any period worked within 24 hours) All fees not settled in accordance with The London Nanny Agency’s Terms & Conditions of Business are subject to an additional 15% surcharge on each re-invoice which may occur every 7 days (The minimum fee payable to The London Nanny Agency for a temporary placement is £240.00). The London Nanny Agency will invoice the client in advance on a monthly basis for temporary placements. If the terms set out in our terms and conditions are not met it may delay the start date of the nanny.
5. The Client is responsible for paying any temporary Candidate separately and directly. Should any temporary employment of a Candidate introduced (directly or indirectly) by The London Nanny Agency be extended or made permanent within 3 years of The London Nanny Agency’s introduction of the Candidate to the Client, the Client is required to pay the difference between the original ‘temporary candidate’ fee charged and the actual fee that is due on the new time period of employment.
6. There are no refunds due should the Client cancel the booking or reduce the days required once the booking has been made and confirmed on both sides. In cases where a Candidate is employed for specified dates but continues to work for the Client afterwards or is allowed to remain in the household on a paid or unpaid basis beyond the specified dates, then the Client will be charged the appropriate additional fee. The client will be liable to pay the nanny the agreed rate for days they have booked even if they cancel them.
7. Work permits and Visas. It is the employer’s responsibility to check about and provide all relevant and necessary work permits/visas if the nanny is asked to accompany the family overseas for any reason whatsoever and for any length of time. The London Nanny Agency cannot be held responsible for arranging or advising over this issue.
8. The London Nanny Agency will issue an invoice after the Client has accepted a Candidate – verbally or through written instruction – for employment. Fees for temporary placements are payable by the Client within 3 days of the invoice being issued. For all fees not settled in accordance with The London Nanny Agency’s Terms & Conditions of Business are subject to an additional 15% surcharge on each re-invoice which may occur every 7 days. This is cumulative and will be added to each invoice until it is paid.
Fees for permanent placements are payable by the Client within 14 days of the invoice being issued or advance of the booking commencing, whichever soonest. For all fees not settled in accordance with The London Nanny Agency’s Terms & Conditions of Business are subject to an additional 15% surcharge on each re-invoice which may occur every 7 days. This is cumulative and will be added to each invoice until it is paid.
No VAT is charged.
Employment Contract & Client Responsibility
Should the Client wish to interview and/or employ a Candidate outside of London, the Client is responsible for paying all travel expenses incurred by the Candidate for the return travel.
The London Nanny Agency holds no responsibility for the Client and Candidate’s employment contract and such matters are to be arranged between Client and Candidate. The London Nanny Agency may offer a template Employment Contract, which the Client may use as a guide or point of reference. Once the contract between Client and Candidate is drawn, the Client is responsible for the submitting a copy to The London Nanny Agency. This is in line with The Conduct of Employment Agencies and Employment Business Regulations 2003 (effective April 6, 2004). The London Nanny Agency is not liable for any losses, personal injury or death resulting from its negligence. The Client assumes full legal responsibility for their employee’s Tax and National Insurance deductions. The London Nanny Agency is not a law firm or any kind of contract specialist and therefore takes no responsibility or liability for the adequacy of or any disputes arising from a contract. However, we do recommend all of the points in our sample contract are addressed in one form or another. We are unable to provide legal advice on employment matters
Additional to The London Nanny Agency taking up references on the Candidate, the Client agrees to also satisfy himself as to the suitability of any Candidate and shall take up any references provided by the Candidate and/or The London Nanny Agency before engaging the Candidate in employment. The Client shall be responsible for obtaining work and other permits for the Candidate where necessary. It is the responsibility of the Client to inspect original employee documentation as it is not always possible for The London Nanny Agency personnel to do so. Client holds full responsibility for the arrangement of any medical examinations and/or investigations into the medical history of the Candidate and qualifications as may be required by law. The Client shall ensure that any nanny the Client employs has public liability insurance and the Client shall also ensure the Client has employers' liability insurance in force for any nannies the Client employs.
The London Nanny Agency provides a complete service to parents – making the whole process as simple as possible. Additional to finding the ideal experienced nanny for you and your family, we can help you in the following if requested: nanny contracts, nanny pay, nanny tax, paediatric First Aid courses, nanny DBS checks, advice on Ofsted registration, auto enrolment etc. The contract above represents our exact Terms & Conditions of Business.
Privacy Policy
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