Terms and Conditions of Business
The Terms and Conditions of Business are set out below and constitute an agreement between London Nanny Consultancy and the Client.
No variation of these terms and conditions shall be valid unless confirmed by London Nanny Consultancy in writing.
1. DEFINITIONS
The following terms shall have the following meaning:
‘Consultancy’ means London Nanny Consultancy LLP.
‘Candidate’ means any Nanny, Maternity Nurse, Governess, Private PA (Personal Assistant) or other domestic household worker who is introduced (whether verbally or in writing) to a Client by the Consultancy.
‘Client’ means any person and their representatives (including any firm or corporate body) to whom a Candidate is introduced, and who purchases services from the Consultancy.
‘Services’ means the services provided by the Consultancy to the Client as described in these Terms.
‘Commencement Date’ means the date upon which a Placement commences.
‘Placement’ means an agreement between the Client and the Candidate that the Client will hire, employ or use the services of the Candidate, following an introduction by the Consultancy. Such agreement may be verbal or in writing and shall have occurred whether or not a written contract is subsequently entered into.
‘Introduction’ means the passing by the Consultancy to the Client via email, phone (including a text or other message), postal letter, or other means the Candidate’s details, Curriculum Vitae or any other personal information and/or the Client’s contacting or interviewing the Candidate in person or by telephone/online.
‘Placement Fee’ means the Consultancy placement fee for the services and the work involved in relation to the search, i.e. sourcing and/or vetting the Candidate for the Client.
‘Registration Form’ means a booking document, a letter of engagement, job specification or a written instruction with Client’s requirements for the search.
‘Registration Process’ means the process of the Client appointing the Consultancy to conduct a search for a suitable Candidate on their behalf; this involves providing a job specification (either verbally or preferably in writing) and completing the Registration Form online.
‘Permanent Placement’ means the placement of a Nanny, Governess or a PA whose appointment exceeds 20 weeks/5 months in duration.
‘Temporary Placement’ means the placement of a Nanny, Governess or a PA whose appointment does not exceed 20 weeks in duration.
2. GENERAL
These Terms and Conditions of Business (the ‘Terms’) constitute the entire agreement between the Consultancy and the Client for the introduction to the Client of Candidates and are deemed to be accepted by the Client by virtue of the Client:
– requesting the Consultancy to provide details of Candidates; or
– contacting a Candidate; or
– offering employment to a Candidate (the ‘Offer’); or
– passing on any information about a Candidate to any third party following an Introduction.
The Client is required to acknowledge the receipt of the Terms and return a signed copy by email or submit the Registration Form online as part of the Registration Process with the Consultancy.
3. OBLIGATIONS OF THE CONSULTANCY
3.1 The Consultancy provides services as an introductory agent only, for the purpose of arranging Introductions between Clients and Candidates, and the Fees relate to Introductions which lead to Placements.
3.2 The Consultancy does not employ any of the Candidates it introduces to the Clients, whether directly or indirectly.
3.3 The Consultancy shall carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations.
3.4 The Consultancy will take reasonable steps and will endeavour to introduce Candidates as suitable as possible to the Client, based upon the information which the parties have provided to the Consultancy. The Consultancy will seek to provide the Client with all relevant information concerning the Candidate which has been made available to the Consultancy, however the Consultancy cannot guarantee nor accept liability that all the information provided by the Candidates or other third parties is accurate.
3.5 The Consultancy will interview Candidates, obtain references, check for appropriate qualifications and DBS checks (criminal record checks) and will use its skills and expertise to assess the Candidate’s experience and suitability. Consequently, the Consultancy will only put forward Candidates who appear to be suitable based on their experience, qualifications, references and personality. However, the Consultancy cannot be held accountable for any misconduct on Candidates’ part, and it is a sole responsibility of the Client to satisfy themselves as to the ultimate suitability of a Candidate. Clients are therefore strongly advised to conduct their own reference checks and check Candidate’s documentation (including driving qualifications if this is required).
3.6 The Consultancy does not offer any warranty as to the suitability, honesty, capability and character of the Candidate.
3.7 While the Consultancy will endeavour to meet the requirements of the Client, it is under no obligation to ensure that the Client is introduced to any Candidates. The Consultancy reserves the right to refuse to supply the Client with Candidate details at its own discretion.
3.8 London Nanny Consultancy acts as an introductory agent only and cannot be held liable for any loss or damage suffered by the Client as a result, whether directly or indirectly, by the Candidate’s actions, and shall not be held responsible for any misconduct of Candidates introduced.
3.9 The Consultancy can provide for the Client and the Candidate a draft standard Contract of Employment, it however makes no representations whatsoever in relation to that document and cannot provide any legal advice to either party as to its content or the terms of employment between the Client and the Candidate.
4. OBLIGATIONS OF THE CLIENT
4.1 The Client agrees to provide the Consultancy with a job specification and exact requirements as to the search to be conducted and will provide all relevant details relating to the position to be filled. The Client agrees that this information will be shared with prospective Candidates.
4.2 The Client acknowledges that the Consultancy provides an introductory service only to introduce suitable candidates to work as nannies, maternity nurses, governesses, PAs or other household staff, and it is the Client who employs the Candidate. The Consultancy does not employ any of the Candidates directly or indirectly. Candidates are introduced to Clients on the basis that they will be employed by the Client, unless the Candidate is self- employed.
4.3 The Client shall notify the Consultancy as soon as it is reasonably possible after choosing to engage a Candidate introduced by the Consultancy. The Client shall confirm in writing to the Consultancy the terms of the Placement, including the agreed remuneration and start date within seven (7) days.
4.4 The Client shall keep all Introductions of Candidates by the Consultancy confidential, except for situations whereby the Client is required by law to disclose this to any relevant official authorities, and shall not transfer any such information to any third parties/other prospective employers. Please refer to Clause 5.11 below for more details.
4.5 It is the Client’s obligation to immediately inform the Consultancy if the Consultancy introduces a Candidate who has already been introduced to the Client by a third party. In the absence of any such notification, the Consultancy is entitled to assume that it facilitated the introduction, and the relevant Fee will be payable.
4.6 In case of international searches and placements, the Client is responsible for arranging and covering the cost of interviews such as flight tickets, airport transfers and/or hotel accommodation (if applicable), as well as any visa required for the Candidate to enter the country. This also applies once the Placement has been confirmed and the Candidate is travelling to commence the position abroad: the cost of travel, visa, medical checks, any relevant work permits, as well as travel and medical insurance, is the sole responsibility of the Client.
4.7 The Client is responsible for ensuring compliance with all employment and other relevant legislation and regulations and all taxation obligations including, without limitation, national insurance contributions (within the UK) relating to the Placement, and all payments made to a Candidate and in any other way relating to the Placement. The Client shall also be responsible for obtaining work and other permits for the Candidate where necessary.
4.8 The Consultancy will offer advice and support with negotiating employment conditions and can offer an employment contract template as a guidance, however it holds no responsibility for the final employment contract between the Client and the Candidate which is solely to be arranged between the Client and the Candidate.
4.9 The Client shall provide the Consultancy with a copy of the employment contract between the Candidate and the Client once the contract between the Client and the Candidate has been executed. In accordance with the Conduct of Employment Agencies and Employment Business Regulations 2003, the Consultancy is required to hold a copy of the employment contract between the Client and the Candidate.
4.10 The Client is fully responsible to ensure appropriate employer liability insurance is in place to cover the Placement of a Candidate, as required by law.
4.11 The Client agrees to pay the relevant Placement Fee relating to the Introduction and Placement of the Candidate.
5. FEES & PAYMENT
5.1 The Client acknowledges and understands that the Placement Fees do not include any part of the Candidate’s salary.
5.2 All fees are in GBP (Pounds Sterling) and payable in full within seven (7) working days of the invoice date by bank transfer and in any event before the Placement Commencement Date. In case of International Placements, the Fee is payable before the Candidate travels to take up the position abroad.
5.3 London Nanny Consultancy is not VAT registered and therefore the Fees are not subject to VAT.
5.4 Registration Fee applies to International Placements and is payable at the time of the Client’s registration with the Consultancy and by bank transfer.
5.5 All fees are one-off fees and are not determined by the level of the Candidate’s salary.
5.6 All fees relate to one placement only; any subsequent future placements of the same Candidate with the same Client shall be invoiced accordingly.
5.7 Placements of Nannies, Governesses and PAs are considered to be temporary up to twenty (20) weeks/(app. five (5) months); after this time a permanent placement fee applies. All permanent placements are subject to a guarantee period of 8 (eight) weeks.
5.8 Temporary & Maternity Nurse Placement Fees will be calculated based upon the dates given to the Consultancy at the commencement of the Placement. If the Client wishes to extend the original (Temporary) Placement or to engage the Candidate for further dates, then the Client must inform the Consultancy and a further Fee will be payable based upon the exact period of employment.
5.9 If a Candidate is placed in a Temporary & Maternity Nurse Placement and is subsequently employed on a permanent basis, then the Client agrees to pay the full Permanent Placement Fee.
5.10 If a Client engages a Candidate within two (2) years of an Introduction or in the case of a Temporary & Maternity Nurse Placement within two (2) years of the termination of the Placement, then a Fee shall be payable in accordance with the Fee Structure (Clause 5.12 below).
5.11 If a Client introduces or passes on the details of a Candidate to a third party that results in the Placement of such Candidate within twelve (12) months of the Introduction by the Consultancy, then the Client will be liable to pay the relevant Placement Fee in accordance with the Fee Structure (Clause 5.12 below).
5.12 The following Fees are payable by the Client to the Consultancy once a Placement has been confirmed:
REGISTRATION FEES
London & Surrey, UK – none
Europe & International: £200
NANNY & GOVERNESS PLACEMENT FEES
Permanent Placements
London & Surrey, UK: £3500
London & Travel: £6000
International: £8000
Temporary Placements (up to 20 weeks)
London & Surrey, UK: £150 per week/part of a week
International: £200 per week/part of a week
MATERNITY NURSE PLACEMENT FEES
Placements up to 20 Weeks
London & Surrey, UK: £200 per week/part of a week
International: £250 per week/part of a week
Placements for 21 – 26 Weeks (5 – 6 Months)
London & Surrey, UK: £5000
International: £8000
Placements for 27 – 52 Weeks (app. 6 – 12 Months)
London & Surrey, UK: £8000
International: £16,000
PRIVATE PA PLACEMENT FEES
Permanent Placements
London & Surrey, UK: £3500
International: £8000
Temporary Placements (Up to 20 Weeks)
London & Surrey, UK: £150 per week/part of a week
International: £200 per week/part of a week
TRIALS
London & Surrey, UK: £30 per day/£150 per week
International: £50 per day/£200 per week
6. ADDITIONAL SERVICES
6.1 Upon request, London Nanny Consultancy can manage the Client’s search for other Household Staff too – private tutor, butler, household/estate manager, private chef, housekeeper etc. The Consultancy manages this search for the Client by working with a select few partner agencies and/or recruiters on the Client’s behalf.
6.2 The Client agrees to provide the Consultancy with their search requirements and agrees these will be shared with the selected household staffing agencies/recruiters, as well as the Client’s personal details (if this is deemed necessary).
6.3 London Nanny Consultancy will be the point of contact for this search and will act as an intermediary between the Client and the selected agents and/or recruiters.
6.4 The Consultancy will have complete discretion in selecting the agencies/recruiters for the requested search, unless the Client has a specific preference to use or not to use certain providers of the household staff recruitment services.
6.5 The Consultancy agrees to obtain the Client’s approval before engaging a third party agency/recruiter for this service, especially in relation to the Client agreeing to the third party agency/recruiter terms of business & fees.
6.6 London Nanny Consultancy charges the following fees for the service:
CONSULTANCY FEES FOR OTHER HOUSEHOLD STAFF SEARCH
London & Surrey, UK: £2000
International: £4000
6.7 Fifty percent (50%) of the Fee is payable to the Consultancy in advance, i.e. at the commencement of the search process and the remaining fifty percent (50%) is payable after a successful placement has been facilitated. In an event of the search not being successful for whatever reason, the first payment paid to the Consultancy remains non-refundable; the second half of the payment is only payable once the search has been successful and results in a Placement of a Candidate with the Client via a third party agency.
6.8 The above Fees (Clause 6.6) relate to London Nanny Consultancy fees only. All other relevant introduction fees will have to be settled with the third party agency/recruiter by the Client directly. London Nanny Consultancy cannot be held liable for any disputes or disagreements resulting from this arrangement and the Client agrees to settle any disputes and/or outstanding payments with the third party agent directly.
7. REPLACEMENT & REFUND POLICY
7.1 If a Candidate fails to take up a position with the Client after accepting the offer of employment, without any prior notification to the Client or the Consultancy, a free Replacement Candidate will be offered to the Client. In an event that no suitable Candidate is found within four (4) weeks in case of permanent placements, the Client is entitled to a full refund of the Fees paid, less an administration fee (£200).
7.2 In the event however that the Fees are not settled by the Client in full within the required timeframe in accordance with Clause 5.2 above, the Client shall not be entitled to a Replacement Candidate or Refund as set out in this Section of the Terms.
7.3 If a Candidate for a permanent position ends up leaving the position within the first eight (8) weeks of employment due to: (a) the Client terminating the arrangement on grounds which are in the Consultancy’s opinion reasonable; or (b) the Candidate terminating the arrangement on any grounds other than those set out in Clause 7.12 below, then the Client shall, subject to availability, be entitled to a Replacement Candidate free of charge. Only one free Replacement Candidate can be provided per Fee paid. In order to receive a Replacement Candidate, the Client must provide written notice of termination to the Consultancy by e-mail within two (2) working days of termination of the placement.
7.4 If for any reason the Client changes the terms and conditions of the employment and the original job specification, no Refund or Replacement is due.
7.5 Whilst the Consultancy shall endeavour to find a Replacement Candidate, the Consultancy cannot make any guarantee that such a Candidate will be found.
7.6 In an event of the Client finding a Candidate through alternative sources, or choosing not to employ any Candidate eventually, no Refund can be offered.
7.7 If the Client chooses not to accept a suitable Replacement Candidate or if the Placement is terminated more than eight (8) weeks after the Commencement Date, then the Client shall not be entitled to any Refund.
7.8 The Consultancy will offer up to three (3) Replacement Candidate profiles to the Client. Such profiles will be selected with reference to the Client’s original job specification and will be provided as promptly as possible.
7.9 Any claim for a free Replacement Candidate or a Refund automatically expires in the event of the Client not responding to the Consultancy’s communication for more than four (4) weeks; this also includes not responding for longer than four (4) weeks to any Replacement Candidate profile(s) communication sent to the Client.
7.10 In the event that no suitable and available Replacement Candidate, as determined by the Consultancy, has been proposed by the Consultancy as a permanent placement within a 4-week period from the date of notice of termination, then the Consultancy shall refund a proportion of the Fee. Any such proportion to be determined by the date of termination of the Placement.
7.11 Refunds shall be made in accordance with the following scale: 1-2 weeks from the Commencement Date: 80% refund of the Fee due to the Client, 3-5 weeks: 50% refund, 6-8 weeks: 30% refund. This applies to permanent placements only.
7.12 If the Candidate leaves due to misconduct on the part of the Client, including a breach of these Terms, or the Client providing false or misleading information, or the Client changing the Candidate’s terms of employment such as location, working hours, accommodation, job description and similar, or the Client not providing the Candidate with a contract of employment, then the Client shall not be entitled to a free Replacement or a Refund of any part of the Fee.
7.13 If a Candidate for a Temporary or Maternity Nurse position leaves the position before the agreed end date and other than for reasons stated in Clause 7.12 above, the Client is entitled to receive a Replacement Candidate in the first instance. If a Replacement Candidate cannot be found, then a Refund will be offered in accordance with the following: if the Placement has been terminated within 2 weeks of the Commencement Date, the Consultancy shall refund 50% of the Fee. If upon termination of the Placement the Candidate has completed more than half of the number of weeks of the agreed Placement, then the Client shall not be entitled to a free Replacement or any Refund. This only applies to temporary placements of under 20 weeks.
7.14 The Consultancy cannot guarantee that a Candidate will complete a specific period of placement with the Client, and likewise does not guarantee to the Candidate that the Client will engage the Candidate for a specific period. The Fee relates solely to the search for and introduction of Candidates by the Consultancy to the Client.
8. CANCELLATION
8.1 Should the Client cancel a Placement after terms have been agreed and invoice for the Placement Fee has been issued and the Cancellation occurs less than one (1) week/seven (7) days but more than 24 hours before the agreed Commencement Date, the Client shall be liable to pay 50% of the Fee invoiced. Should the Cancellation occur less than 24 hours before the agreed Commencement date, the Client is liable to pay the full Fee invoiced. Should the Cancellation occur between one (1) to two (2) weeks (7-14 days) before the agreed Commencement Date, an administration fee of 10% of the Fee shall be payable to the Consultancy.
8.2 If the Candidate cancels a Placement prior to commencement, then the Client shall be entitled to a Replacement or a full Refund (less an administration fee).
8.3 If the Client cancels a Placement less than one (1) week/seven (7) days before the agreed Commencement Date, the Candidate is entitled to a minimum of one (1) week’s salary to be paid by the Client as a compensation, unless other terms have been agreed in the employment contract. The Candidate is also entitled to be reimbursed for any travel and similar expenses incurred in preparation for the Placement, regardless of when the Cancellation occurred.
9. LIABILITY
The Consultancy shall endeavour to introduce Candidates who are suitable for the Client’s requirements. The Consultancy offers an introductory service solely for the purpose of introducing Candidates to the Client. The final decision to employ a Candidate remains the sole responsibility of the Client and the Consultancy shall not be liable for any costs, damage, losses (including loss of earnings), injury or misconduct related to the introduction of the Candidate to the Client, or due to any inaccuracy in the information provided by the Candidate or any third party or from any failure to introduce a Candidate. In no circumstances shall the Consultancy have any liability to the Client beyond the value of the Fee paid.
10. CONFIDENTIALITY
All information provided by either party to the other, including but not limited to any personal details relating to the Candidate or the Client, 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.
If the Client passes confidential information on to a third party resulting in the Placement of a Candidate by a third party within twelve (12) months of the Client being introduced to the Candidate, then placement Fees shall become payable by the Client (Clause 5.11 above).
11. PRIVACY & DATA PROTECTION
The Data Protection Act 1998 and the General Data Protection Regulation (GDPR) regulate the Consultancy’s processing of personal data. The London Nanny Consultancy’s Privacy Policy can be referred to here: ‘Privacy Policy’. The Client consents to the Consultancy holding and processing their personal data (including sensitive personal data) on the basis set out in the Privacy Policy.
12. JURISDICTION
These Terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
