Terms and Conditions of Business
The Terms and Conditions of Business are set out below and constitute an entire 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.
London Nanny Consultancy reserves the right to change these Terms and Conditions of Business without prior notification.
1. DEFINITIONS
The following terms shall have the following meaning:
‘Consultancy’ means London Nanny Consultancy LLP, registered in England & Wales, reg. no. OC436095.
‘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 begins.
‘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, Maternity Nurse, Governess or a PA whose appointment exceeds 20 weeks/5 months in duration.
‘Temporary Placement’ means the placement of a Nanny, Maternity Nurse, 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 acts solely as an introductory agency for the purpose of arranging Introductions between Clients and Candidates. The Consultancy does not employ any Candidate, either directly or indirectly, and all Fees relate to the Introduction and Placement service provided.
3.2 The Consultancy shall carry out its obligations with reasonable skill and care and to a reasonable standard, in accordance with recognised codes of practice and relevant statutory obligations.
3.3 The Consultancy shall take reasonable steps to introduce Candidates who appear suitable for the Client’s requirements, based on the information provided by the Client to the Consultancy. However, the Consultancy cannot guarantee the accuracy or completeness of information provided by Candidates or third parties.
3.4 The Consultancy will interview Candidates, obtain references, and request evidence of appropriate qualifications and DBS checks (criminal record checks), where applicable. The Consultancy will use its skills and expertise to assess a Candidate’s suitability. However, the final responsibility for determining the Candidate’s suitability rests with the Client. The Client is strongly advised to carry out their own checks, including verifying references, original documentation, and any additional requirements specific to the role. The Consultancy cannot be held liable for any act, omission, or misconduct on the part of a Candidate.
3.5 The Consultancy does not offer any warranty as to the suitability, honesty, capability and character of any Candidate, and shall not be held liable for any misconduct, negligence, or failure by the Candidate.
3.6 While the Consultancy will endeavour to meet the Client’s requirements, 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.
3.7 The Consultancy acts as an introductory agent only and shall not be liable for any loss, damage or expense incurred by the Client arising from the actions or omissions of a Candidate, nor for any consequential or indirect losses.
3.8 The Consultancy may provide Clients with a draft template of an employment contract as guidance only. The Consultancy does not provide legal or tax advice, and the Client is responsible for obtaining professional advice and ensuring compliance with all applicable laws and regulations.
4. OBLIGATIONS OF THE CLIENT
4.1 The Client agrees to provide the Consultancy with a full and accurate 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 will be deemed to have made the Introduction and the relevant Fee will be payable.
4.6 For international searches and placements, the Client is responsible for all costs associated with interviews, including flight tickets, airport transfers and accommodation (if applicable), as well as any visa required for the Candidate to enter the country. Once a Placement has been confirmed, the Client remains responsible for the Candidate’s travel, visa, medical checks, work permits, as well as travel and medical insurance.
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 guidance. The Consultancy 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 for any Candidate introduced and engaged in accordance with these Terms.
4.12 The Client undertakes to provide a safe, respectful and lawful working environment for the Candidate. For live-in Placements, the Client must provide suitable accommodation and meals of a reasonable standard, together with access to appropriate facilities.
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. All fees are strictly non-refundable.
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, Maternity Nurses, Governesses and PAs are considered to be temporary up to twenty (20) weeks/five (5) months. After this time, a permanent placement fee applies. Permanent placements are subject to a guarantee period as set out in Section 6.
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 additional 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 initially placed in a Temporary/Temporary Maternity Nurse Placement and is subsequently employed by the Client on a permanent basis, the Client agrees to pay the full Permanent Placement Fee, less any fees already paid in relation to the original placement.
5.10 If the Client notifies the Consultancy they no longer wish to engage in/continue with the search but then subsequently engages a Candidate introduced by the Consultancy 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 by the Client in accordance with the Fee Structure (Clause 5.12 below).
5.11 If the Client introduces, refers or passes on the details of a Candidate to any third party – including but not limited to friends, relatives, household members, or associated companies – the Client shall immediately refer such third party back to the Consultancy. If that third party engages the Candidate within twelve (12) months of the original Introduction, the Client shall remain jointly and severally liable with the third party for payment of the full relevant Placement Fee, unless the third party has entered into a direct agreement with the Consultancy and paid the Fee.
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: £250
NANNY & GOVERNESS PLACEMENT FEES
Permanent Placements
London & Surrey, UK: £5000
London & Travel: £7500
International: £10,000
Temporary Placements (up to 20 weeks)
London & Surrey, UK: £200 per week/part of a week
International: £250 per week/part of a week
MATERNITY NURSE PLACEMENT FEES
Placements up to 20 Weeks
London & Surrey, UK: £250 per week/part of a week
International: £300 per week/part of a week
Placements for 21 – 26 Weeks (5 – 6 Months)
London & Surrey, UK: £7000
International: £10,000
Placements for 27 – 52 Weeks (app. 6 – 12 Months)
London & Surrey, UK: £10,000
International: £18,000
PRIVATE PA PLACEMENT FEES
Permanent Placements
London & Surrey, UK: £5000
International: £10,000
Temporary Placements (Up to 20 Weeks)
London & Surrey, UK: £200 per week/part of a week
International: £250 per week/part of a week
TRIALS
London & Surrey, UK: £200 per week/part of a week
International: £250 per week/part of a week
6. REPLACEMENT POLICY
6.1 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.
6.2 If the Fees are not settled by the Client in full and on time within the required timeframe in accordance with Clause 5.2, the Client shall not be entitled to a Replacement Candidate.
6.3 If a Candidate for a permanent position leaves 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 6.10 below, then the Client shall, subject to availability, be entitled to one (1) Replacement Candidate free of charge. To qualify, the Client must provide written notice of termination to the Consultancy by e-mail within two (2) working days of termination of the placement.
6.4 If the Client changes the employment terms and job conditions from those originally agreed, no Replacement will be due.
6.5 Whilst the Consultancy will endeavour to find a Replacement Candidate, no guarantee is given as to the timeframe or availability.
6.6 If the Client sources a Candidate independently or chooses not to employ any Candidate, no Replacement will be due.
6.7 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.
6.8 The Consultancy will present 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.
6.9 Any claim for a free Replacement Candidate automatically expires if the Client does not respond to the Consultancy’s communication for more than four (4) weeks; including responses to Replacement profiles sent.
6.10 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, salary, or similar, or the Client not providing the Candidate with a contract of employment, then the Client shall not be entitled to a free Replacement.
6.11 If a Candidate for a Temporary position, i.e. up to twenty (20) weeks, leaves the position before the agreed end date and other than for reasons stated in Clause 6.10 above, the Client is entitled to receive a Replacement Candidate. If upon termination of the Placement the Candidate has completed at least half of the number of weeks of the agreed Placement, then the Client shall not be entitled to a free Replacement. This only applies to temporary placements of under twenty (20) weeks.
6.12 The Consultancy cannot guarantee that a Candidate will remain engaged for a specified period, nor that the Client will engage the Candidate for a specific period. The Fee relates solely to the search and introduction of Candidates by the Consultancy to the Client.
7. CANCELLATION
7.1 If the Client cancels a Placement after the terms have been agreed, and the cancellation occurs more than one (1) month before the agreed Commencement Date, the Client shall be liable to pay 50% of the Fee invoiced. Should the cancellation occur less than one (1) month
before the agreed Commencement Date, the Client shall be liable to pay the full Fee. Any Fees already paid are non-refundable.
7.2 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 preparation expenses for the Placement, subject to provision of receipts and regardless of when the Cancellation occurred.
7.3 If the Candidate cancels a Placement prior to commencement, the Client shall be entitled to a Replacement Candidate.
7.4 All cancellations must be notified in writing (email acceptable) to the Consultancy. The date the email is received will be taken as the cancellation date.
7.5 All Fees are strictly non-refundable.
8. 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 by 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.
9. 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).
10. PRIVACY & DATA PROTECTION
The Consultancy processes personal data in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR). 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.
11. 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.
