TERM & CONDITIONS CONTRACT
1.1 This Terms & Conditions Contract is between an Employer/Family, thereof after to be called the ‘Family’ and Spanishnanny Agency the owner of the Spanishnanny Agency. The Family is defined as a person(s) who approaches Spanishnanny Agency via written instruction and requests Spanishnanny Agency to introduce the Family to a Candidate (Nanny, Maternity Nurse, Mother’s Help – or any other childcare professional requested), thereof after to be called the ‘Candidate,’ for the purpose of employment.
2.1 By registering with Spanishnanny Agency through written instruction the Family accepts and wholly understands Spanishnanny Agency’s Terms & Conditions. Any and all business undertaken by Spanishnanny Agency is managed subject to the conditions thereof set out, each of which shall be incorporated and implied by any agreement with Spanishnanny Agency.
2.2 The Agreement between the Agency and the Family for the provision of the Services, incorporating these Conditions, shall only come into force when the Agency confirms acceptance of Instructions in writing through transmission of the Family Registration Form, by email or otherwise, which attaches these Terms and Conditions, to the Family (the “Agreement”). The fourteen-day ‘Cooling off period’ according to Consumer Rights legislation (see clause 3) begins on the date when the Agency transmits the Family Registration form and the Terms and Conditions.
2.3 By providing Instructions to the Agency, and receiving the terms and conditions, the Family acknowledges and accepts these Conditions. Any and all business undertaken by the Agency is transacted subject these Conditions.
2.4 These Conditions apply to the Agreement to the exclusion of all other terms and conditions and shall replace any other documentation or communication between the Family and the Agency.
2.5 These Conditions shall apply to both permanent and temporary positions unless otherwise stated.
2.6 The Agency will endeavor to introduce up to four Candidates to carry out work for the Family as specified by the Family in the Family Form. The Family will specify its exact requirements by providing full details of the type of work and period for which the Candidate is required. Any requirements specified which are unreasonable or constitute discrimination will not be consider part of the search criteria. The Agency will use the Family Form and try to match with the most suitable Candidates and will not be deemed to be in breach of contract if the Family decides to change this search at a later date. The Family will be required to pay a fresh placement in this situation.
2.7 The Agency will attempt to ensure but does not guarantee the suitability of any Candidate introduced by the Agency. The Family should satisfy itself as to the suitability of any Candidate and shall be responsible for arranging any medical examination and or investigations into the medical history of the candidate or the Candidate’s qualifications as may be required. While the Agency would always checks references provided by potential Candidates and any other documents such as DBS and First Aid, the Family is responsible for taking up any references provided by the Candidate or the Agency before engaging the Candidate.
2.8 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 Candidate 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 Candidate to the Family.
3. PLACEMENT FEE
3.1 An up front of 50% of the Placement Fees become due when the Agency set up the First a Candidate interview, the remind 50% Placement Fees become due when the Candidate has accepted a job and not at the commencement of employment.
3.2 If you choose to hire one of our nannies introduced there will be the initial £125 Registration fee payable which is due when the Agency organise the first interview, only in case of placement there will be other fees apply (please see FAMILY/FEES in our web page)
3.3 The £125 Registration fee is to be deducted from the final fee.
3.4 The Agency will issue invoices for all amounts payable by the Family. In the event of late payment (outstanding more than fourteen days after the invoice date) the Family 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.
4. FAMILY RIGHTS/RESPONSABILITIES
4.1 If the Family or an associate of the Family re-engages a Candidate 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.
4.2 The Family undertakes to notify the Agency if the Candidate for a temporary position remains with the Family 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.
4.3 If the Family has to delay the commencement of employment of the Candidate (for example in the case of a birth being later than expected) then the Family 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.
4.4 Should a Family employ a temporary Candidate while a permanent Candidate is being sought then the Family shall pay the relevant temporary fee in accordance with the Agency’s scale of charges.
4.5 The Family is responsible for providing Candidate with full written details of all duties, time off, salary, tax and insurance before the commencement of employment, and for putting in places an appropriate employment contract.
4.6 It is the responsibility of the Family (and not the Agency) to ensure that the Family complies with its obligations as an employer and to arrange work and other permits wherever needed and any other papers needed such as Ofsted, DBS checks, also the Family should ask to see the copies of any certification obtained by the Candidate including Paediatric First Aid. Written consent from the Candidate is required in order for the Agency to be able to share sensitive personal data. The Agency accepts no liability if an employee is refused entry or not permitted to remain in a country because the Family has failed to arrange a valid work permit. In such cases no refund or replacement will be given.
4.7 The Family will keep all introductions of Candidate 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 Family if this obligation is breached.
5. REPLACEMENT/REFUNDS AND CANCELATIONS
5.1 The Agency fees are non refundable.
5.2 The Agency is advise of the termination of employment of a Candidate in writing within 14 days of termination.
5.3 The working conditions of Candidate are reasonable and as agreed prior to commencement.
5.4 Subject to the terms of this clause 5, if the Candidate does not commence employment with the Family after accepting an offer of employment or if the Candidate leaves the employment of the Family within:
5.5 Eight weeks calendar of commencing the employment for all full time placements, please note we do not offer Replacements in part time jobs.
5.6 If the employment of a Candidate introduced by the Agency is terminated within eight weeks from the date of commencement of the employment, the Agency shall provide one Replacement Candidate only (from suitable selection) at not extra cost (unless the Family’s requirements, job description, or the nature of the experience sought have altered, or the salary and conditions offered are not at current market rates, in which case an additional payment may be required) for the Candidate who has not taken up or who has left the Family’s employment (“Replacement). The start date for the purpose of when eight weeks starts run is the first date when the Candidate started working for the Family.
5.7 The Agency shall only be obliged to provide to the Family up two Candidates CVs for the Replacement. Such CVs will be selected based on the information originally provided in the Family Form. The Agency may take up to 3 weeks from the notification referred to in clause 5.2 to begin to provide CVs. The Agency accepts no liability and is not obliged to offer a replacement or any refund to the extend that the Family finds the CVs unacceptable and does not want to engage with any of the potential Candidates. Neither the Family nor the Agency will be able to discriminate unlawfully or breach the provisions of the Equality Act 2010 when the Candidate are being selected for either an initial placement or for a Replacement. The Agency will not accept the refusal of a Candidate or a Replacement Candidate on anything other than legitimate grounds.
5.8 Requests for replacements can be initiated by calling the Agency, who will then ask you to send an email. If the Family employs a Replacement but this Replacement also results in the second Candidate either not commencing employment or leaving employment pursuant to 5.1 or 5.2, then no further Replacement candidates can be provided as the Agency’s contractual obligations will now be deemed to be complete and a fresh registration fee and fresh Placement fee will have to be paid.
5.9 The provisions of this clause shall only apply if:
5.9.1 the Family has paid the appropriate Agency Fee and any other fees due to the Agency in full in accordance with these conditions and no Replacements will be offered at all if the original placement fee has not been paid in full and
5.9.2 the Family still intends to employ the Nanny, Maternity Nurse, Mother’s Help (or any other childcare professional requested).
5.10 The Agency may at its discretion refuse to provide a Replacement in the following:
5.10.1 if the reason for the Candidate leaving employment was as a result of a change in the material terms of the contract of employment between the Family and the Candidate not agreed by the Candidate (including a change in the job description, location or working hours originally agreed between the Family and the Candidate); or
5.10.2 if the reason for the Candidate leaving employment was because the Family was physically or verbally aggressive towards the Candidate or physically or verbally aggressive towards an employee of the Agency; or
5.10.3 if there is a breach by the Family of the contract of employment between the Family and the Candidate or the Candidate was dismissed by the Family other than on just and reasonable grounds. The decision on whether to provide a Replacement in cases where the Family has dismissed the Candidate will be at the sole discretion of the Agency.
5.11 The Family shall only be eligible for one Replacement under these Conditions and shall no longer be eligible for a Replacement after the first Candidate has been replaced. There will be no second or further replacements after a first Replacement without a fresh registration and placement fee being paid.
6.1 The Agency shall not be liable for the following categories of loss in connection with the provision of Services, or in connection with the Candidate’s engagement, the Candidate’s failure to commence employment or the Candidate leaving the Family’s employment:
6.1.1 loss of income or revenue sustained by the Family due to having to care for a child themselves
6.1.2 the cost of paying another nanny or child care provider for alternative child care cover
6.1.3 costs incurred due to damage to property or theft of property
6.1.4 the cost of providing a Candidate with sums due under a notice period in a contract of employment
6.1.5 the cost of hotel rooms or travel expenses incurred by a Family in relation to themselves or in relation to a Candidate
6.1.6 any other losses, which cannot reasonably be foreseen, would result from the Company’s failure to comply with this Agreement.
6.2 Any losses shall be limited to the Agency Fees paid to the Agency in respect of a Placement.
6.3 The Agency does not employ the Candidates introduced and any Contracts of Employment entered into between the Family and the Candidate are between those persons directly. The Family is responsible for complying with all employment, taxation, fiscal and other relevant legislation in respect of this Contract of Employment. The Family is also responsible for requesting any medical report in relation to a Candidate from a GP under the Access to Medical Reports Act 1988. The Family is responsible for ensuring that their home contents insurance includes cover for Employers and Public liability insurance for domestic workers, including childcare.
6.4 This clause 6 does not exclude or limit in any way the Agency’s liability for:
6.4.1 death or personal injury caused by the negligence of the Agency; or
6.4.2 fraud or fraudulent misrepresentation; or
6.4.3 any other matter for which it would be illegal or unlawful for the Agency to exclude or attempt to exclude the Agency’s liability.
7.1 The Agency reserves the right to refuse to represent a Family at any time.
7.2 The Agency reserves the right to change or add to these terms and conditions without prior notification.
7.3 Either party may terminate the Agreement by notice in writing at any time to the other if:
7.3.1 Any rights to terminate the Agreement shall be without prejudice to any other accumulated rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
7.4 The Agency does not extend the 8 weeks guarantee.
7.5 Where a Candidate has been offered, and has accepted, a position of employment on either a temporary or permanent basis, the initial placement service will be considered to have been performed in its entirety and the full placement fee will be payable, even where the Family has subsequently indicated a wish for terminate the Agreement. Payment will became due within seven working days from the date of invoice.
8. CONFIDENTIALITY/CONSENT/DATA PROTECTION AND TRANSFERS OUTSIDE THE EEA
8.1 All information provided by either party to the other, including but not limited to any personal details relating to the Candidate or the Family, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Candidate (as the case may be)
8.2 If the Family or a member of the Family’s staff or any associate of the Family passes on an introduction to any other person within twelve months of the Family’s introduction by the Agency to the Family resulting in the engagement of the Candidate, the Family shall be liable for payment of the full fee in accordance with the Agency’s fee for permanent placements.
8.3 By entering into this Agreement the Family is providing explicit consent to the Agency to share their full name, a phone number and home address to any potential Candidates which the Family confirms to the Agency they wish to meet or interview. The Family also provides its explicit consent to emails being sent from our Agency to the Family’s email address. Some of these emails may contain personal data.
8.4 By entering into this Agreement the Family is also providing explicit consent to any transfer of their personal data outside the EEA as a result of email exchanges between the Agency’s staff and the Family whilst one party is based outside the EEA, which are necessary for the effective achievement of the Agency’s contractual obligations.
9.1 Neither party may assign transfer or in any way make over any of its rights or obligations to any third party without the written consent of the other party.
9.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing either by letter or email addressed to the other party at its registered office or principal place of business or such address as any at the relevant time has been previously notice.
9.3 It is not intended that any of the terms of this agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to this Agreement.
9.4 English law shall apply to this agreement and the parties agree to submit to the jurisdiction of the English courts.
Spanishnanny Agency Cancellation form For use by a Family who wishes to cancel our services
In order to be eligible for a refund under Consumer Rights legislation please email the following form to: email@example.com as per the terms and conditions.
I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale for the supply of the following service [*],
Purchased on [*] / received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper).