Terms & Conditions:
Terms and Conditions of Business Parents Wishing to Hire Nannies
1. General
- 1.1 These terms and conditions of business are between East Midlands Nannies and Au Pairs and the Client.
- 1.2 In these terms and conditions the following terms shall have the following meanings:-
"Carer" - means any person referred to the Client by East Midlands Nannies and Au Pairs as a potential nanny or mother's help.
"Client" - means the person to whom the Carer is referred.
"fee" - means the fee as notified to the Client by East Midlands Nannies and Au Pairs as being payable by the Client in the event that the Client engages a Carer
"engaging" - means the Client invites the Carer to care for the Client's child or children. - 1.3 No variation of these terms and conditions is effective unless confirmed in writing by East Midlands Nannies and Au Pairs.
2. Introduction of Carer
- 2.1 Introductions are confidential. The passing of an introduction to another person which results in an engagement renders the Client liable to pay East Midlands Nannies and Au Pairs' fee set out in the scale of engagement fees as advised in the For Parents page.
- 2.2 Full fees will be charged for any Carer engaged as a consequence of or resulting from an application to East Midlands Nannies and Au Pairs even though the introduction is made indirectly.
- 2.3 The Client should reimburse all reasonable travelling expenses incurred by potential Carers who present themselves for interview.
- 2.4 East Midlands Nannies and Au Pairs act as an introductory agent only and does not directly or indirectly employ staff.
- 2.5 The Client shall have responsibility for the payment of remuneration, deduction and payment of all statutory contributions in respect of earnings relating insurance and the administration of PAYE applicable to the Carer as required by law.
- 2.6 Pay, hours, time-off, holidays, length of notice, accommodation etc, should be agreed in a written contract between the Client and the Carer before the Carer commences the assignment.
3. Our Liability
- 3.1 Every effort is made by East Midlands Nannies and Au Pairs to refer a Carer to the Client that will satisfy the Client's requirements by trying to ensure that reasonable standards of skill, integrity and reliability will be available from the recommended Carer and also to provide them in accordance with the details set out by the Client. East Midlands Nannies and Au Pairs shall have no liability to the Client (other than liability arising from East Midlands Nannies and Au Pairs negligence) for any loss or damage of any nature arising from any breach or any express or implied warranty or condition of this agreement or any negligence breach or statutory or other duty on the part of East Midlands Nannies and Au Pairs or in any other way out of or in connection with the performance or purported performance of or any failure to perform this agreement except in accordance with this condition.
- 3.1.1 In no circumstances shall the liability of East Midlands Nannies and Au Pairs to the Client under this condition exceed £100,000.
- 3.2 The Client accepts and understands its obligations to adequately insure with a company with good repute the Carer's property, contents, pets and any other items of value to the Carer and shall also ensure that such insurance remains in full force and effect for the duration of the Carer's assignment.
- 3.3 Clients are advised to ensure that they have insurance cover for Carer's and public liability in case of injury to a Carer whilst on their premises.
- 3.4 East Midlands Nannies and Au Pairs makes every reasonable effort to check the authenticity of referees and information supplied, but makes no warranty in this respect.
4. "Fees"
- 4.1 The engagement fee in the case of a permanent placement and the weekly fee in the case of a temporary placement shall become payable by the Client to East Midlands Nannies and Au Pairs upon the written/verbal acceptance of the Carer by the Client being notified to East Midlands Nannies and Au Pairs. The fees are as advised in the For Parents page.
- 4.2 The Client agrees:-
- 4.2.1 To notify East Midlands Nannies and Au Pairs immediately an engagement is accepted.
- 4.2.2 For Permanent Placements, to pay the fees of Nottinghamshire Nannies in full by debit or credit card on verbal acceptance of the nanny and not upon the commencement of the assignment. The Company is unable to confirm the introduction of a nanny until payment is received in full.
- 4.3 In no circumstances shall the Client be entitled to make any deduction or withhold payment of any fees for any reason other than as may be allowed by these conditions.
- 4.4 If the Client shall fail to pay any charges by the due date, then East Midlands Nannies and Au Pairs may charge interest on any overdue amount from the date on which payment was due to the date on which it is paid (whether before of after judgement) on a daily basis at a rate of 4% per annum over the bank base rate from time to time quoted by the National Westminster Bank plc and where applicable, reimburse East Midlands Nannies and Au Pairs all costs and expenses incurred in the collection of any overdue amount.
- 4.5 If the Client cancels after a firm offer to an applicant has been made a half-fee will be charged and is payable within 7 days of the invoice date.
- 4.6 There is a £25 administration fee (payable only once) for registering for the Emergency Nanny Service.
- 4.7 Fees are due in respect of each Candidate taking up a position with the Client or as otherwise set out herein. If a Candidate returns to a Client at a future date or if a temporary or part-time engagement is extended then the appropriate additional fee shall become payable. In the case of a Candidate returning to a Client, this fee shall be the current full fee chargeable by the Agency for the relevant position, and in the case of a temporary or part-time engagement being extended, the fee shall be the difference between the fee actually charged and the fee that would have been charged if the Candidate had been engaged for the whole period. The Client agrees to notify the Agency of a re-engagement or extension of a temporary engagement.
- 4.9 The East Midlands Nannies and Au Pairs Guarantee
If a Candidate who has been confirmed as a permanent placement with the Client either does not start employment, or has their employment terminated (in writing) or leaves within 4 weeks of starting employment with the Client then a full refund, excluding a £75 administration charge, will be given subject to the following conditions:
(a) the Agency is informed within 2 days of the cancellation of the booking or the termination of the employment;
(b) the relevant fee has been settled in full by credit or debit card on verbal acceptance of the nanny and not upon the commencement of the assignment;
(c) the booking has not been cancelled by the Candidate because of unreasonable demands by the Client;
(d) the employee has not left because of unreasonable working conditions or because of a change in the job description or change in location; and
(e) the Client is still intending to employ a child carer and the Agency is given 4 weeks to find a suitable replacement.
No refund will be given where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory.
