Business Terms and Conditions
These terms and conditions of business are part of any agreement to introduce childcare professionals entered into by Helping Hands Nanny Agency. In agreeing to these terms and conditions at the foot of the Family Registration Document any party entering into an agreement either verbally or in writing with Helping Hands Nanny Agency will be legally bound by them and the law of England.
1. Definitions
Hereinafter the following terms will have the meanings stated:
The agency - shall mean the Helping Hand Nanny Agency
The client - shall mean the person registering with the agency on the agency’s Family Registration Form.
The Candidate(s) - shall mean the childcare professionals introduced by the agency to the client.
The Fee Scale - shall mean the details of introduction and refund charges from time to time in force as specified on the agency’s schedule of charges.
The Contract of Employment - The contract entered into by the client and the candidate detailing the terms under which the candidate is employed by the client.
The Terms of Employment - the terms agreed by the agency and the client such as, inter alia, hours of work, nature of work, place of work and rates of pay that will apply to any contract of employment between the client and the candidate
2. Inception of Agreement
The agency and the client will agree the nature and terms of employment of a candidate and define, mindful of statutory requirements, the qualities and qualifications required by the client. The appropriate scale fee will be set.
An agreement between the agency and the client will take affect when the client authorises the agency to provide candidates for childcare. This authorisation may be either verbal or in writing.
When an agreement is made the client will pay a deposit/registration fee to the agency at rates which from time to time are in force and which are published in its fee scale.
In the event that the agency does not present a suitably qualified candidate(s) to the client in an agreed timescale the deposit/registration fee may be refunded.
3. Preliminaries to appointment of a candidate
All correspondence, records, references and information provided by the agency to the client will remain the property of the agency and shall be kept confidential and not disclosed to any third parties.
A client shall not introduce or pass on information about any candidate, either directly or indirectly, prior to or subsequent to their own employment of the candidate, to any third party. Any such action which results in the employment of the candidate by a third party shall, in the absence of any satisfactory agreement between the agency and the third party, render the client liable to pay the full scale fees as may be in force at the time.
Should the client either simultaneously or subsequently advertise a childcare position privately and appoint a person previously introduced by the agency as a candidate, the client will be liable to pay the agency the full scale fees.
The client should notify the agency immediately if it provides details of or introduces a candidate who has previously been introduced by a third party. Failure to do so will render the client liable for the full scales fees as if the candidate had been introduced by the agency.
4. Agency’s Undertaking
Once appointed by a client the agency undertakes to provide candidates to the client who are suitably qualified and meet the specified criteria.
The agency will interview all candidates, validate references and carry out statutory and CRB searches before introducing them to clients.
5. Agency’s limit of liability.
The agency whilst fulfilling its undertaking with all reasonable care does not offer any guarantee as to the suitability, honesty, character, capability, health, legality, status or any other matter pertaining to the candidate.
The agency is not responsible for the actions or omissions of a candidate and accepts no liability for any inconvenience caused, loss or damage of property, personal injury or consequential loss or damage caused by the candidate even if any such action or omission is fraudulent, negligent or dishonest.
The agency cannot guarantee the length of a term of employment.
6. Optional agency services
The agency may, if requested by the client, offer advice and assistance in matters relating to the employment of a candidate. This advice and assistance in no way places any liability on the agency and does not absolve the client from their responsibilities as an employer and as required by law. Such matters may include advice in respect of contracts of employment, payment of salaries and deductions for Income Tax and National Insurance, additional qualifications for the candidate, and work permits.
The giving of any such advice and assistance is entirely discretionary by the agency and there is no obligation whatsoever to provide such services.
There may in some circumstances be charges for such services.
7. Clients responsibilities
The Contact of Employment is between the client and the candidate and the client is solely responsible for the employment decision. The client is therefore strongly advised to personally check all details, documentation and references of the candidate before the appointment is confirmed
The client is responsible for obtaining work and other permits and arrangement of any medical examinations and statutory compliances that may be required.
The client must pay the candidate the agreed rate of pay on the due dates and, unless the candidate is registered as self-employed, make all deductions for PAYE and National Insurance and pay these amounts to the Inland Revenue.
The client must comply with all legal requirements including the Health & Safety at Work Legislation and ensure that the candidate is covered by household insurance in the event of an accident.
As soon as employment of a candidate is agreed either verbally or in writing the client must, within 48 hours, notify the agency and within 14 days pay the agreed fee. Failure to make payments within the contractual time will attract interest as scheduled in the fee scale.
The client must notify the agency of any change in the working hours, rates of pay, working conditions or any terms of the contract of employment of the candidate within 48 hours. The client must pay the appropriate difference in scale fees that may be due as a result of such changes.
The client must notify the agency if, within a period of 12 months from any termination of employment, a candidate is re-employed. The client must pay the agency the appropriate scale fees. Should a candidate be re-employed without notification to the agency the client is nevertheless liable to pay the fees to the agency plus interest charges for any amount overdue over the 14 day settlement date calculated from the date the re-employment was agreed.
8. Cancellation and Termination
If an agreed placement is cancelled by the candidate before commencement of work the agency will refund any introduction charges already paid. The agency will have the option to present further candidates to the client within 14 days or the agreed timescale, whichever is latest.
If an agreed placement is cancelled by the client before the commencement of work, the client will be liable to charges equivalent to 50% of the agreed scale fee.
If the candidate terminates the employment at any time because the client has changed the terms of the contract of employment or made unreasonable demands upon the candidate, no refund will be paid by the agency.
If during the first eight weeks of employment a contract is terminated either by the client or the candidate, refunds will be given according to the fee scales, provided that:
·The termination is notified in writing to the agency within 48 hours.
·Both candidate and client have submitted themselves to the agency’s mediation process.
·The client is not in breach of the agencies Terms and Conditions of Business.
·The placement fee was paid within the due date.
·The agency has been granted two weeks to find a suitable replacement and the client has not unreasonably refused the replacement candidate(s)
·No other agency has been used during the two week replacement period.
A refund will be given as follows:
·0-1 weeks 90%
·2-4 weeks 50%
·5-8 weeks 20%
Contact 01983 294256
