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TERMS & CONDITIONS OF BUSINESS FOR
FAMILIES HIRING AN AU PAIR OR AU PAIR PLUS
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| 1. |
These
Terms and Conditions shall represent a legally-binding
contract between Need-a-Nanny (“the Agency”) and the
client or employer (“the Client”). |
| 2. |
The
verbal or written instruction of the Agency by the Client, to
submit suitable applicants for contract or interview, shall
constitute acceptance of the Agency’s Terms and Conditions. |
| 3. |
All
correspondence and records shall be confidential and remain
the property of the Agency. Information supplied by the Agency
is confidential and is accepted by the Client on the condition
that such information will not be disclosed to third parties. |
| 4. |
Should a Client
effect any form of introduction, direct or indirect, of an
applicant to a Third Party, or pass on any details resulting
in permanent, temporary or part-time employment, the Client
will be responsible for the full introductory fees.
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| 5. |
The
Agency endeavours to provide the Client with applicants as
well suited as possible, and to this end will seek to furnish
the Client with all relevant information concerning the
Applicant and to check details and documentation. However, the
final responsibility for any decision to employ the Applicant
rests with the Client, who is therefore strongly advised to
check details, documentation and references personally. The
Agency does not offer any warranty as to the suitability,
honesty, character or capability of any Applicant. Should a
client agree to take on an Applicant, it is understood that
the Applicant is deemed to be suitable by the Client. |
| 6. |
The
Agency accepts no liability of any kind for any inconvenience,
loss or damage of property, or any loss or injury howsoever
arising directly or indirectly from any act or omission of any
applicant introduced by the Agency even if such an act or
omission is negligent or fraudulent or reveals dishonesty.
Please note, we do not advise that au-pairs should be left in
sole charge of young children for long periods, as they are
not trained child-carers. |
| 7. |
The
Client agrees to notify the Agency immediately an engagement
has been accepted by an applicant and to supply details to the
Agency of the date of commencement and length of employment
(when appropriate) and agreed wages (when appropriate). |
| 8. |
Should a
short-term engagement be extended by the Client, or any
Applicant be re-engaged at any future time, the appropriate
additional fee shall become payable. The Agency must be
notified immediately of any such changes.
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| 9. |
Fees
are due on acceptance, either verbally or in writing, and not
at the commencement of employment . The Client shall
be liable to pay the Agency’s introduction fee at the rates
shown in the current scale of charges within 10 days of the
date of the invoice. If settlement is not received within that
period, the Replacement Guarantee (see Clause 12 below) shall
not apply. The Agency reserves the right to add interest to
outstanding accounts in the amount of 8% above the Bank of
England base rate of interest for each week that the invoice
remains unpaid.
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| 10. |
In the event
that an Applicant should cancel an agreed engagement prior to
the commencement date, the Agency will make a full refund
after deducting the current Administration Charge. In the
event that a Client cancels an agreed arrangement, prior to
the commencement date, 50% of the introduction fee will be
payable. The Agency cannot accept instructions to seek other
candidates until the fee has been paid.
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| 11. |
In
the event that an Applicant introduced by the Agency is
dismissed by the Client and leaves within 5 weeks of
engagement, or if the Applicant leaves of his/her own accord
within that period, the Agency must be notified immediately.
The Agency will endeavour to find a free replacement as
quickly as possible. However, if Clients make their own
arrangements, or do not require a replacement, no refund can
be given. Only one free replacement is allowed. If the
Applicant leaves after the 5 week free replacement period but
in less than 3 months from the start of the placement, the
Client will be entitled to a 50% credit off their next au pair
but NOT a refund. The 3 month guarantee does not apply to
short or medium term placements. |
| 12. |
No replacement
guarantee will apply if the Client has been in breach of any
of the Agency’s Terms and Conditions.
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| 13. |
The Agency does
not employ the Applicants introduced and any Contracts of
Employment entered into between the Client and the Applicant
are between those persons directly. The Client is responsible
for complying with all employment, fiscal and other relevant
legislation, particularly including that related to PAYE and
National Insurance. Our Replacement
Guarantee does not apply in respect of any employment
terminated by the applicant as a result of failure by the
Client to comply with all relevant legislation.
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| 14. |
The Agency
cannot guarantee that an Applicant will complete his or her
proposed length of stay or engagement. As with any employment,
the Applicant is free to leave if they are unhappy or
circumstances make it impossible for them to stay.
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| 15. |
Discount
Vouchers may only be used against fees for consecutive
placements and subject to the Agency’s settlement terms
having been met for the prior placement. The value of vouchers
issued will be at the sole discretion of the Agency. |
