Terms and Conditions for clients outside the United Kingdom and Wales
These terms and conditions create a legally binding contract between you (the “Client”) and the Agency (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, please sign at the end of this Agreement.
“Agency” means GB Nannies LTD, a company incorporated and existing under the laws of the United Kingdom, located at 3 The Ranch House, 610 Hammondstreet, Waltham Cross, EN7 6PH;
“Agency Fee” means the fee payable to the Agency (as specified in Clause 5.1) for the services set out in these Terms and Conditions;
“Applicant” means a person introduced by the Agency to the Client for employment in respect of childcare and/or education on a temporary or a permanent basis, whether full time or part time;
“Client Registration Form” means the form specifying general information about the Client and determining the terms and conditions of the Applicant’s employment;
“Contract of Employment” means an employment agreement to be executed between the Client and the Applicant specifying the terms and conditions of employment under which the Applicant agrees to perform childcare and/or educational related duties for the Client in consideration of an agreed salary;
“Introduction” means the process of passing by the Agency to the Client of a Curriculum Vitae and other information which identifies an Applicant(s), including the Applicant being interviewed by the Client in person, by telephone or via means of Skype, for the purpose of further employment of that Applicant by the Client;
“Parties” means the Client and the Agency together;
“Permanent Placement” means a Contract of Employment exceeding 12 weeks;
“Temporary Placement” means a Contract of Employment not exceeding 12 weeks; and
“Terms and Conditions” means these terms and conditions including all amendments to them.
2. Services rendered outside the United Kingdom and Wales
2.1 The Agency has agreed to provide the Client with the following services (the “Services”):
(a) analyse the Client’s request on the employment of the Applicant using the information provided by the Client in the Client Registration Form;
(b) advertise the Client’s vacancy through the Agency’s internal and external resources;
(c) analyse and review the Applicants’ data in relation to the Client’s request;
(d) interview Applicants for the purpose of Introduction to the Client;
(e) the Introduction of the Applicant by the Agency to the Client in accordance with this Agreement;
(f) carry out basic background checks and checking employment references or other documents provided by the Applicant;
(g) arrange interviews and meetings between the Client and the Applicant, whether in person, via means of Skype or telephone;
(h) provide the Client and the Applicant a sample of the Contract of Employment for their further revision and amendment; and
(i) provide a replacement Applicant (following the procedures set out in Clause 6) if during the first 12 weeks of employment any issue(s) occur that may result in a termination of the Contract of Employment between the Client and the Applicant, other than reasons specified in Clause 6.2.
2.2 By submitting the Client Registration Form, the Client has requested such Services to be performed by the Agency and agrees to pay the Agency Fee (according to Clause 5.1) to the Agency in accordance with these Terms and Conditions.
3. Client’s Responsibilities
It is the Client’s responsibility:
(a) to provide full, accurate and complete information in the Client Registration Form;
(b) to decide on the suitability of any Applicant;
(c) to check identification documents, references, qualifications and any other documents provided by the Applicant;
(d) to inform the Agency if the Applicant has been offered employment with the Client;
(e) to execute the Contract of Employment within 14 calendar days from the date of the Client’s notice to the Agency about their decision to employ the Applicant, but not later than 7 calendar days prior to the Applicant’s commencement of the employment;
(f) to arrange at the Client’s expense any necessary business/work visas for the Applicant, as well as any appropriate medical examinations and request from the Applicant any proof of medical history or other certificates, which the Client sees necessary, prior to the employment of the Applicant;
(g) to pay the agreed salary to any Applicant employed according to the terms of the Contract of Employment, executed with him;
(h) to pay any expenses associated with any Applicant being able to fulfil their role throughout their Contract of Employment, including all flight expenses, visas and accommodation as determined in the Contract of Employment and where necessary;
(i) to immediately notify the Agency about any concerns on the Applicant’s employment; and
(j) to arrange and make payments where applicable by law for their employee’s Tax, National insurance, pension contributions and to provide a detailed payslip as required.
4. Execution of the Contract of Employment
Once the Client has decided on the Applicant with whom he wishes to execute the Contract of Employment, the Client shall immediately notify the Agency. The Agency shall provide the Client with a sample Contract of Employment, which may be edited by the Client according to their reasonable requirements.
5. Agency Fee for the Services rendered outside the United Kingdom and Wales
5.1 As soon as the Client notifies the Agency about their decision to employ the Applicant and this Applicant accepts the offer in writing, even without a Contract of Employment completed between the Client and the Applicant, the Agency will invoice the Client in the following amounts:
(a) for a Permanent Placement – 20% of the Applicant’s salary for the whole term of employment;
(b) for a Temporary Placement – 175 Great British Pounds per each week of employment of the Applicant demonstrated in the Contract of Employment.
5.2 If the Client decides to extend the Contract of Employment from an initial Temporary Placement (beyond 12 weeks) with the Applicant, this placement will be considered as a Permanent Placement and will be charged according to Clause 5.1(a).
5.3 The Agency Fee is to be paid in Great British Pounds into the bank account specified in the invoice issued by the Agency upon mutual agreement, in writing or verbally, between the Client and the Applicant to proceed with the Contract of Employment.
5.4 The Agency Fee must be paid in full by the Client to the Agency within 7 calendar days from the date of receipt of the invoice by the Client or before the commencement of the employment of the Applicant, whichever comes first.
5.5 If the Agency Fee is not paid within 7 calendar days upon the receipt of the invoice, the invoiced amount shall become subject to a 10% surcharge per month thereafter.
5.6 The Agency Fee quoted to the Client is exclusive of V.A.T., the Applicant’s salary and any other chargeable expenses of the Applicant and/or the Company.
6. Applicant Replacement and Refund Policy
6.1 If the Applicant, who has signed the Contract of Employment with the Client, either does not start employment or terminates the Contract of Employment for any reasons, except the reasons stated in Clause 6.2, within the first 12 weeks, the Agency will offer one free replacement of the Applicant subject to the following conditions:
(a) Should any issue(s) arise between the Client and the Applicant and such issue cannot be resolved between them, either the Client or the Applicant must give the Agency immediate notice (up to 2 calendar days) to allow the Agency to assist in resolving such issue(s).
If the respective issue(s) is not resolved within 14 calendar days from the date of receipt of the notice by the Agency, the Client is entitled to one free replacement Applicant without any additional Agency Fee based on the same requirements provided by the Client as supplied in the original Client Registration Form. For the avoidance of doubt, if the Client provides the Agency with any additional requirements for the Applicant’s employment, not described in the initial Client Registration Form, then this shall be deemed as a new Permanent or Temporary Placement and the Client will be charged in full by the Agency in accordance with Clause 5.1.
(b) The Agency is informed in writing by the Client within 2 calendar days of the termination of the employment, stating why the Contract of Employment has ended and subject to which conditions.
(c) The Agency Fee has been paid in full within 7 days from the date of invoice and before the Applicant’s commencement of employment.
(d) The Client does not use another agency, sources or website during those 30 working days to find a replacement Applicant.
(e) The Agency shall offer the Client at least 3 additional Applicants for potential employment within a 30 working day period (the “Replacement Period”) and the Client shall execute the Contract of Employment with the replaced Applicant within 7 calendar days from the expiration of the Replacement Period.
6.2 The Client is not eligible for a free replacement of the Applicant in case the Contract of Employment has been cancelled by the Applicant due to a breach of the Contract of Employment by the Client, including but not limited to the following reasons:
(a) unreasonable employment demands by the Client;
(b) unreasonable working conditions and/or hours;
(c) a change in the job description;
(d) a change in the agreed working location; or
(e) unsatisfactory living conditions and employment related regulations, including salary being changed or unpaid.
6.3 If the Client for any reason decides not to honour the Contract of Employment (whereby the Applicant has been offered employment and has accepted either in writing or verbally, whether the Contract of Employment has been signed or not), then the full Agency Fee shall still be required to be paid in full. In addition, the Client is expected to pay the Applicant one week’s pay to reasonably cover the Applicant’s financial losses upon awaiting the commencement of employment.
6.4 One free replacement Applicant will be offered during a 30 working day period from the date of receipt of the notice given to the Agency by the Client. Once a replacement Applicant has been placed and a new Contract of Employment has been agreed either verbally or in writing, no further refunds or replacements shall be offered to the Client.
6.5 In the event that a free replacement Applicant cannot be found or the Client decides not to seek a replacement Applicant, the Agency will refund the Client, the following percentage of the amount of the Agency Fee paid by the Client to the Agency for the placement of the Applicant:
(a) if the Applicant leaves within the first 3 weeks, 80% of the timely paid Agency Fee will be refunded to the Client;
(b) if the Applicant leaves within the first 6 weeks, 60% of the timely paid Agency Fee will be refunded to the Client;
(c) if the Applicant leaves within the first 9 weeks, 40% of the timely paid Agency Fee will be refunded to the Client;
(d) if the Applicant leaves within the first 12 weeks, 20% of the timely paid Agency Fee will be refunded to the Client.
The Agency will refund the Client the above-mentioned amounts only after all payments are made to the Agency and the Applicant including, in case of the Client’s decision to discontinue the Contract of Employment with the Applicant, the payment for the notice period agreed in the Contract of Employment between the Applicant and the Client. Only after the Applicant’s confirmation that all payments are made, the Agency will transfer the Client the refund they are entitled for.
7. Liability of the Agency
The Agency endeavours to provide the Client with only the most suitable Applicants according to the Client’s requirements set out in the initial Client Registration Form. However, the Client must decide on the suitability of the Applicant prior to offering the Applicant employment. The Agency does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and whether caused directly or indirectly from any act or omission of an Applicant introduced by the Agency. Additionally, no warranty is offered in respect of the suitability, honesty, capability or character of any Applicant introduced by the Agency and employed by the Client. Applicants are not employees of the Agency. The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability insurance for domestic workers, including child carers. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence. The entire liability of the Agency under or in connection with these Terms and Conditions and the Agreement is limited to the amount of the Agency Fee received for the provision of the Services except as expressly provided in these Terms and Conditions and the Agreement.
8.1 If either of the Parties breaches these Terms and Conditions, the other Party shall send a written notice to the Party in breach to settle the breach within 10 days at its own cost. If the Party in breach does not settle the breach within 10 days from the date of receipt of the written notice the Agreement shall be terminated.
8.2 The Parties may terminate the Agreement by mutual consent at any time.
8.3 In the event that this Agreement is terminated, the Client shall not be entitled to any refund of the Agency Fee already paid and any Agency Fees due at the date of termination and interest thereon. All other administrative fees due to the Agency will immediately become payable in full.
9.1 It is a condition of this Agreement that now and at all times in the future, including the completion of this Agreement, save as may be lawfully required, the Agency and the Client shall keep all affairs, concerns, business and privacy of each other confidential.
9.2 All communication between the Parties in any form shall be confidential. Should the Client pass on any information of the Applicants, or recommend an Applicant to a third party which results in an employment of the Applicant then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these Terms and Conditions shall apply accordingly.
10.1 This Agreement together with the Client Registration Form constitutes the entire agreement between the Parties and supersedes any previous agreement or understanding and may not be varied except in writing. All other terms and conditions expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law.
10.2 Both Parties are not entitled to assign or transfer any of its obligations to a third party without the prior written consent of the other Party.
10.3 Any notice required or permitted to be given by either Party to the other under the Agreement shall be in writing and addressed to the other Party at the following address:
(a) Agency: GB NANNIES LTD, 610 Hammondstreet, 3 The Ranch House, EN7 6PH and
(b) the Client: address and contact details specified in the Client Registration Form.
10.4 These Terms and Conditions and the Agreement is governed by the English law and the Parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
10.5 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.