Terms and Conditions
TERMS AND CONDITIONS FRENCH
NANNY LONDON
These Terms and Conditions are between French
Nanny Agency (hereinafter the “Agency”, incorporated in England and Wales under
company registration number 8053507 as D2S concept Limited) and the employer
(hereinafter the “Client”), hereinafter referred to individually as a “Party”
and collectively as the “Parties”. The term “Candidate” means any person
introduced by the Agency to the Client. For avoidance of doubt, no Candidate is
a Party to this Contract.
These Terms and Conditions are a legally
binding contract (hereinafter the “Contract”) for the Parties and must be
accepted and signed before any further services can be provided.
1.
Obligations of the Parties
Each Party shall act in good faith during the
execution of the Contract.
1.1. Obligations of the Agency
1.1.1 The Agency will organise at least one
phone call with the Client to discuss and validate all aspects of the position
before advertising the role.
1.1.2 All candidates have been selected
through a thorough vetting process, and will have at least 2 references and
documents checked (CV, ID, relevant certificates, DBS certifications, First
Aid). In the event that, for example, the DBS is in progress at the time an
offer is made, the Agency shall recommend that the engagement does not commence
until it is received and deemed acceptable. If the client chooses to start the
engagement, this is solely the decision of the Client.
1.1.3 The Agency shall take reasonable
endeavours to introduce to the Client, Candidates which the Agency considers
suitable to be employed by the Client
1.1.4 The Agency takes reasonable steps to
ensure that both the Candidate and the Client are aware of the requirements
imposed by law to enable the Candidate to work for the Client.
1.2. Obligations of the Client
1.2.1 The client is responsible for providing
a full detailed job description to the Agency.
1.2.2. The Agency confirms that no family
names or contacts details will be shared to any third party, except Candidates
that the Client wishes to interview. The Client agrees that the Agency shall be
able to share limited details of the job descriptions to advertise vacancies on
the Internet / job boards.
1.2.4 The Client agrees to inform the Agency
immediately if a Candidate introduced by the Agency has already been introduced
by a third party. If the Client fails to inform the Agency and the Candidate is
engaged, the Client shall be liable to pay the placement fee to the Agency.
1.2.5 The
Client accepts that the Agency acts only as an introduction agency for
childcare placements and therefore holds no employer responsibility for any
Candidate. The Client agrees to satisfy himself / herself as to the suitability
of a Candidate (including but not limited to collecting ID, driving license if
applicable, etc.). The client will comply with the relevant employment and tax
law within the country in which the Candidate will be engaged and is
responsible for ensuring that both the Client and the Candidate have the
relevant insurances in place.
1.2.7 The Client has to notify the Agency if a
Candidate placed for temporary placement remains with the Client following the
period originally agreed upon with the Agency; section 2.2 below shall then
apply.
1.2.8 The
Client shall pay the relevant Service fees in accordance to clause 2.
2.
Fees
2.1. Payable Fees
2.1.1 Before any introduction of Candidates,
the Agency requires the payment of a non-refundable administration fee. This administration fee is fully deductible
from the permanent placement fee.
2.2.2 To allow the Agency to submit the
invoices, the Client shall notify the Agency immediately when a Candidate
accepts either in writing or verbally a position with the Client and shall
transmit a copy of the employment contract as soon as it has been agreed
between the selected Candidate and the Client.
2.2.3 The placement fees are payable following
oral or written acceptance of the employment offer to a Candidate.
2.2.4 Fees are payable within 7 business days
from the date of the invoice submitted by the Agency. The Agency reserves the
right to charge the Client a 25% surcharge on any invoice not settled in
accordance with these terms and conditions. Any costs to recover the late or
unpaid fees will be recharged to the Client.
2.2.5 If an offer of employment has been
offered to a Candidate and accepted and the Client withdraws this offer less
than 3 weeks before the beginning of the employment, the Client will be liable to
pay 50% of the placement fee.
2.2. Fees Amount
2.2.1. Administration fee
The amount of the administration fee is £50
+VAT, which will be deducted from any placement fee.
No administration fee is applied in the case
of a temporary daily placement or for an emergency baby-sitting placement.
2.2.2. Placement fee
The placement fee will be calculated as a
percentage of the agreed net weekly salary of the Candidate multiplied by 52 weeks.
For the calculation of the placement fee, the net salary used is deemed to be
all taxable remuneration including any bonus or similar payment.
–
For a
permanent placement,
full-time or part-time, the Agency charges a fee corresponding to:
o 13% of
the selected Candidate’s annual net salary for a live-out position +VAT, which
is 7 weeks net of salary. We are trying our best to be below market rates,
as live out fees are generally 14% / 8 weeks salary and upwards.
o 14% of
the selected Candidate’s annual net salary for a live-in position + VAT, ,
which is 8 weeks net of salary. We are
trying our best to be competitive with our competition, as live in fees are
generally 14% / 8 weeks salary and upwards.
–
For a
temporary placement,
full-time or part-time, the Agency charges a fixed fee of £30 per day + VAT or
£120 per week + VAT (5 working days, Monday to Friday). For long periods, the
price will be discussed with the agency.
–
For
an emergency baby-sitting placement, the
Agency charges a fixed fee of £30 +VAT for the service.
–
For a
placement in a school or in a nursery, the
fees are 13% of the annual gross salary of the employee.
–
For a
part-time placement, if the selected Candidate is asked to work longer hours
within 6 months, an additional fee will be charged corresponding to the
difference between placement fee in the new contract and placement fee in the
original contract.
–
For a
temporary placement extended, an additional fee shall be paid by the Client so
as to reflect the placement fee for a permanent placement.
–
The Client has
to notify immediately to the Agency any offer of employment to a Candidate
incurred within 6 months of the introduction by the Agency and the Client shall
be liable to pay the placement fee.
2.2.3
Interviewing Costs
The Client should reimburse the Candidate any
reasonable expenses for travel for interview, especially for live-in or au pair
positions.
Trials shall be paid by the Client to the
Candidate directly.
3.
Liability
The Agency will use its best endeavor to refer qualified and
suitable Candidate(s) to the Client. However, the Client remains sole
responsible to employ a Candidate and the Agency does not guarantee the
performance of the Candidate or the full satisfaction of the Client.
No warranty is offered in respect of the suitability, honesty,
capacity or character of any Candidate introduced by the Agency. The Client is
responsible to assess the suitability of a Candidate and to double check the
references provided by a Candidate.
The Client understands and acknowledges that the Agency is not an
agent or representative of the Candidate and that the Agency is not in any way
liable for any loss, expense or injury, delay or damage the Client or any other
person may suffer either directly or indirectly or incur as a result of the
wrongful acts, omissions, or negligence of the Candidate or of the introduction
or employment of any Candidate or from the failure to introduce a Candidate.
The Client agrees to hold the Agency and all its employees and
representatives harmless from any costs or expenses arising out of any claim
against the Agency, relating in any way to a Candidate’s employment.
Candidates are not employees of the Agency and the Agency is not
responsible for the employment contract between the Client and the Candidate.
The Agency cannot guarantee to find a suitable Candidate available
for the position.
4.
Replacement Guarantee and Refund Policy
The Agency offers to the Client a 4 months
warranty period meaning that if a Candidate who has been confirmed as a
permanent placement with the Client either does not start employment or leaves
within the first 4 months after starting employment with the Client, then a
free Candidate replacement will be provided, subject to the following
conditions:
–
The Client
has to inform the Agency within 2 days of the termination of the employment
–
The Client
has paid the due placement fees within the 7 business days period
–
The Client
has not materially changed the job description, added responsibilities or
duties, or changed the work schedule or the employment location that was
initially agreed by the Candidate and the Client after the selected Candidate’s
started his employment with the Client
–
The Client
acknowledges that if the agency is made aware that the Client has tried to hire
the Candidate directly, i.e without going through the Agency, the replacement
and refund policy doesn’t apply
–
The Client
has not mistreated the Candidate and is not in breach of any UK employment law
–
The Client
has not been verbally or physically aggressive towards an employee of the
Agency
–
The Candidate did not resign or the Client did not terminate due
to unreasonable demands being placed upon the Candidate by the client;
The Client gives a period of up to 6 weeks to the Agency to put
forward potential replacement Candidates. The replacement has to be for the
exact same role and hours as the first placement request.
The Client commits not to seek assistance of any other agency during
the replacement period.
REFUNDS
If the Agency is unable to provide the Client a suitable Candidate
replacement within 6 weeks, the Agency will refund a percentage of the total
fee paid as per the following schedule. We are the only French speaking
nanny agency in London that offer a refund policy – and this fits with our
values: being transparent and fair with our clients.
–
First two
weeks: Refund of 75% of the placement fee
–
After two
weeks and before the end of the fourth week: Refund of 50% of the placement fee
–
After four
weeks and before the end of the fourth month: Refund of 25% of the placement
fee
–
After four
months: No refund
5.
Confidentiality
Each
Party agrees not to disclose all information, whether written or oral, obtained
from the other Party during communications between the Agency and the Client. The
Client agrees to keep secret and not to communicate to third parties in any
form whatsoever any information relating to a Candidate. The Client will be
entitled to pay to the Agency the full rate and applicable fees if any
placement, whether permanent or temporary, is bring about by such breaches by
the Client and these Terms and Conditions will be deemed to apply for that
indirect placement.
Both parties agree not to post any text or
image or audio-visual material on any social network or other public place
which could be hurtful, embarrassing or damaging to the other party.
6.
Employment Contract, Tax and National Insurance
The Agency is an introductory agency only and
does not employ any Candidates. Contract of employment between the Client and
the Candidate is the Client’s responsibility; the Agency is not responsible for
this employment contract.
The Agency offers an employment contract
template that can be used by the Client but does not accept any responsibility
or liability related to this template.
It is the responsibility of the Client to
inform the Agency as soon as the employment contract is signed and to provide a
signed copy to the Agency.
The Client is responsible for their employees
Tax, Pension and National Insurance payment and deductions.
7.
Data Protection
The Agency commits to treat and protect
your personal data in accordance with the EU General Data Protection Regulation
(GDPR).
The client
authorizes the Agency to process and use their personal data (name, phone
number, mail address, address, your requirements…) only for the purpose of the
agency’s interactions. The data shall in no circumstances be used for
commercial purposes.
The details have been stored in our systems. Your contact details may include name, email
address, phone number and your requirements linked to your search. We do this
to be able to serve you in the best possible way in the future. All information
is stored securely and according to laws and regulations.
Should your requirements or contact details change, please let us know
and we will update our records accordingly. If you have any questions or
objections to this, please let us know by replying to this email.
We take the safekeeping of your data seriously. You can view our Privacy
Policy in appendices.
8.
Applicable law
This Contract shall be governed by
English law.
Client’s signature confirms that the Client
has read this agreement thoroughly, clearly understands it, and accepts and
agrees to all the terms and conditions.
9.
GDPR
French Nanny London is a recruitment agency
specialised in placing French speaking nannies. We collect customers, prospects
and candidates details in our systems (name, email address, phone number,
information about your search). Please let us know if you wish us to remove or
change your details at contact@french-nanny.com.
We will use your data to work in our duty as a
recruitment agency, to be able to register you at the agency, to introduce
candidates/ clients to you and to advertise your role / profile. We might send
you marketing communication about our services. If you wish to opt out, please
do send us an email. We will never sell your data.
You are allowed to request access, request
correction or request transfer. right to withdraw consent. We retain your data
according to the GDPR regulations and for the sole use of our business
services.
We comply with the GDPR rules. For any issues,
you can complain to the Information Commissioner’s Office (ICO).
Date: Signature: