NAPPY VALLEY NANNIES
Terms and conditions of business
1. The following terms and conditions of business are between Nappy Valley Nannies (the agency) and the employer (the client).
2. All services provided by the agency to the client are subject to these terms and conditions.
3. By interviewing applicants introduced by the agency, the client is deemed to accept these terms and conditions and the agency’s scale of charges.
4. The agency’s fees are for the services provided by the agency only and do not include any salary due to be paid to an applicant.
5. The client must notify the agency when any offer is made which results in an engagement being accepted. Where an engagement is accepted, the client agrees to pay an introduction fee to the agency based on the agency’s scale of charges.
6. The agency will endeavour to introduce an applicant to carry out work for the client as specified by the client. The client will specify its exact requirements by providing full details of the type of work for which the applicant is required. A client visit will be offered
to discuss the client’s requirements.
7. All introduction fees become due when an applicant has accepted a post and not at the commencement of employment.
8. If the client or an associate of the client re-engages an applicant for a temporary post within a 12 month period of the initial temporary post coming to an end then a further fee will be charged by the agency.
9. The client undertakes to notify the agency if the applicant for a temporary position remains with the client for a period extending beyond that of the original agreement, when an additional fee is payable to the agency to reflect the extended period of engagement.
10. If the client has to delay the commencement of employment of the applicant (for example in the case of a birth being later than expected) then the client will be liable to pay the applicant the full agreed weekly salary from the agreed date to the actual date of commencement of employment and no refund of the agency fee or any part thereof shall be payable.
11. The agency will issue invoices for all amounts payable by the client. In the event of late payment (outstanding more than fourteen days after the invoice date) the client shall pay interest on the amount outstanding at the following rates:
(a) If payment is received within 30 days of the invoice date at a rate of 10% calculated from the due date until the date of actual payment.
(b) If payment is received later than 30 days of the invoice date then rate of interest charged by the agency shall increase by a further 10% for each 30 day period that the invoice remains unpaid.
12. Should a client employ a temporary applicant while a permanent applicant is being sought then the client shall pay the relevant temporary fee in accordance with the agency’s scale of charges.
13. The client is responsible for providing applicants with full written details of all duties, time off, salary, tax and insurance before the commencement of employment, and for putting in place an appropriate employment contract.
14. It is the responsibility of the client (and not the agency) to ensure that the client complies with its obligations as an employer and to arrange work and other permits wherever needed. The agency accepts no liability if an employee is refused entry or not permitted to remain in a country because the client has failed to arrange a valid work permit. In such cases no refund or replacement will be given.
15. The client will keep all introductions of applicants by the agency and their details confidential and not pass this information on to other potential employers. A sum equivalent to an introduction fee will be charged to the client if this obligation is breached.
16. The agency will attempt to ensure but does not guarantee the suitability of any applicant introduced by the agency. The client should satisfy itself as to the suitability of any applicant and shall be responsible for arranging any medical examination and or investigations into the medical history of the applicant or the applicant’s qualifications as may be required. While the agency checks references provided by potential applicants, the client is responsible for taking up any references provided by the applicant or the agency before engaging the applicant.
17. To the extent permitted by law, the agency is not liable under any circumstances for any loss, damage, expense, delay, or compensation, in each case whether direct or indirect or consequential, and arising in any way, connected with the services provided by the agency. The agency is not liable for any act or omission of any applicant introduced by the agency, even if such an act or omission is negligent or fraudulent. The agency is not liable for the failure of the agency to introduce any applicant to the client.
18. Except as referred to in condition 22, no refund will be payable if an applicant’s 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.
19. If the client cancels an engagement before commencement then the full agency fee is payable. If the client cancels within fourteen days of the commencement date then the client shall in addition pay the applicant a cancellation fee of one week’s agreed salary for a permanent position or half the agreed weekly salary for the time booked if it was a temporary position.
20. As maternity nurses are self employed any cancellation charges should be discussed and agreed with the applicant and confirmed by both parties in writing.
21. In the event of extenuating circumstances the agency may in its total discretion refund part or all fees payable to the agency.
22. In the event of an applicant 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 25).
23. If an applicant 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 Nappy Valley Nannies within 3 weeks of receipt of notice from the Employer to Nappy Valley Nannies for the termination of the employment and the Employer has not unreasonably refused the proposed replacement candidates:
(a) Should a 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 a free replacement.
The above refunds are applicable subject to condition 26.
24. After the eight week guarantee period has elapsed no refunds or replacements will be given. Where an applicant for a temporary position leaves her employment within the invoiced period, a refund may be available for each complete week not worked, if the agency cannot find a replacement (subject to condition 25).
25. The above refund and replacement terms will not apply if:
a) The agency is not informed in writing within seven days of the employment coming to an end.
b) The invoice is not settled in full within fourteen days of the date of invoice.
c) The applicant leaves due to working conditions being contrary to those agreed upon prior to commencement of employment, or due to the mistreatment of the applicant.
d) The client varies the request for replacement from that of the original specification.
e) The applicant left after week eight, including any period of notice worked.
26. The agency has the right to refuse to represent a client at any time.
27. The agency reserves the right to change or add to the above terms and conditions without prior notification.
If the Client is contracting as a consumer, the Client may cancel the Agreement by informing the Agency in writing at any time within fourteen calendar days of the date of the Agreement and before the provision of the relevant Service. The Agency will then confirm the Client’s cancellation in writing to the Client. This means that the Agency will not usually begin work on the Client’s Services until this period has ended. However, the Client may request that the Agency begin the supply of the Services before the end of the cancellation period by confirming the Instructions by e-mail, which shall be evidence of the Client’s request that the Agency begin the supply of the Services before the end of the cancellation period. If the Client does this, the Agency will be able to start the provision of the Services immediately. If subsequently the Client informs the Agency within the fourteen-day cancellation period referred to above that the Client wishes (notwithstanding its earlier request) to cancel the Services the Client may do so but the Agency will be entitled to charge for the work done before the Agency was informed of the Client’s decision to cancel.
ACCEPTANCE AND SIGNATURE
I accept and agree to comply with the terms and conditions of business of the agency as set out above and in the scale of charges and other documentation provided to me by the agency. Nappy Valley Nannies is a partnership carried on by Diana Keverian Rand and Amanda Gerlis. The partnership’s business address is of 75 Swaby Road, London SW18 3PJ
Date of signing