Granny as Nanny Ltd
Terms & ConditionsThese Terms & Conditions shall apply to the provision of Services by the Agency to the Client. In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly agreed by the Agency in writing.
2. Information on our Website.
2.1 We make every effort to update the information on our website, but neither we – the Website Owner – nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right to change or discontinue, without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. If you find an error or omission at this site, please let us know.
2.2 The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever, which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
2.3 These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any expressed, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
2.4 The website owner may, at any time, modify any relevant terms and conditions, policies or notices. By visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
3. Our Agreement
3.1 The Agreement between the Agency and the Client for the provision of Services shall only come into force when the Agency confirms acceptance of Instructions in writing, either via the transmission of the Client Registration Form, by email or otherwise. In any case, the Client will be sent these Terms & Conditions and be required to confirm receipt. The 14-day Cancellation Period (see Definitions) begins on the date on which the Client confirms receipt of the Terms & Conditions.
3.2. By providing Instructions to the Agency, and receiving the terms and conditions, the Client acknowledges and accepts these Conditions. Any and all business is undertaken by the Agency is transacted subject these Conditions.
3.3. These Conditions apply to the Agreement to the exclusion of all other terms and conditions and shall supersede any other documentation or communication between the Client and the Agency.
3.4. These Conditions shall apply to both permanent and temporary positions unless otherwise stated.
4. Supply of Services
4.1.The Agency shall make every reasonable effort to introduce the Client to Candidates the Agency considers suitable to be engaged by the Client to carry out work of the nature as notified by the Client. The Client shall specify, either via the Client Registration Form and/or by telephone their exact requirements by providing full details of the type of work and period of Engagement for which the Candidate is required. Any requirements specified, which are deemed to be unreasonable or constitute discrimination will not be considered part of the search criteria. The Agency will try to match Clients with the most suitable Candidates and will not be deemed to be in breach of contract if the Client decides to change this search criteria at a later date, or following the successful introduction of a nanny. Indeed, should the criteria change, then the Client will be required to pay a new introduction fee.
4.2. The Agency shall carry out its obligations with reasonable skill and care and to a reasonable standard. The Agency will use reasonable endeavours to introduce Candidates to the Client who it reasonably believes to be of sound character, but cannot guarantee the suitability of the Candidate introduced to the Client. Furthermore, the Agency cannot guarantee to find a suitable Candidate for each vacancy and gives no warranties as to the suitability of any Candidate.
4.3. It is the responsibility of Clients, pursuant to the guidance provided by Ofsted, to obtain DBS checks, criminal record checks or police checks and to ask to see copies of any certification obtained by a Candidate, including first aid certification and any other registration or certification through any professional body. Written consent from a Candidate is required in order for the Agency to be able to share sensitive personal data with third parties under the General Data Protection Regulations. Clients are actively encouraged to conduct at least two rounds of interviews with Candidates, as well as follow up both professional and character references that are provided to the Client by the Agency.
5. Vacancies and Advertisements
5.1 The Agency reserves the right to decline, cancel or remove any vacancy advertisement provided by the Client or any profile provided by a prospective Candidate to the Agency at any time, for any reason and without giving prior notice to either party.
5.2 Vacancy advertisements and candidate profiles shall remain viewable by both Clients and Candidates alike until the offer of a placement is confirmed by a Client and accepted by the corresponding Candidate.
6. Responsibilities of the Client
6.1. The Client shall notify the Agency immediately should it wish to engage a Candidate who has been introduced to it by the Agency. As a result of such Engagement, the Client agrees to pay the relevant Agency Fee to the Agency in accordance with clause 7 ‘Fees’. If a Client makes an offer of employment to a Candidate who has been introduced by the Agency, but does not inform the Agency within 48 hours of the offer being made, fees owed to the Agency will be both the Introduction fee, but with the addition of a 10% administration charge.
6.2. The Client must pay the Agency the Placement Fee referred to in Clause 7 of ‘Fees and Charges’ within 7 days of an offer of employment being accepted by a Candidate, or 24 hours before the start date of the Candidate’s new position (whichever is sooner).
6.3. The Client is responsible for the Engagement of the Candidate in accordance with all applicable employment legislation. The Agency will not Engage the Candidate directly and the Client is responsible for putting in place a suitable contract of employment or contract for services between the Client and the Candidate. The Agency will offer the use of a template employment contract, but is not insured to provide legal advice to Clients. The Client must provide a copy of the contract between the Candidate and the Client (including any variations to that contract) to the Agency within 7 days of the start of the placement or the variation.
6.4. The Client is responsible for paying all wages and expenses of the Candidate and for procuring any necessary work permits or other certificates that are required to enable the Candidate to take up a position. The Client is responsible for deducting (and paying) the Candidate’s tax, national insurance contributions and pension contributions (as and where relevant).
6.5. The Agency shall obtain references from each Candidate, but it is the responsibility of each Client to satisfy themselves as to the suitability of Candidates, and to take up any references provided by the Candidate or the Agency and to make appropriate checks of all requisite qualifications or driving qualifications. We strongly recommend that Clients make direct approaches to referees that are supplied, rather than simply relying on the references that the Agency supplies (either verbal or written).
7.1 The fee will be determined by the type of Engagement as follows:
- A permanent position is an Engagement requested as being permanent by the Client (regardless of its subsequent duration). Our permanent placement fees amount to 15% of the agreed net weekly salary of the Candidate x 52 weeks (regardless of the eventual length of the placement).
- A temporary position is an Engagement with a fixed start/end date that is agreed between Agency and Client prior to the start of a Client’s search. A placement that exceeds six months cannot be considered to be temporary and will be charged as a permanent placement. All temporary positions require a £500 deposit at the time of Engagement, which will be returned at the end of the placement. Our temporary placement fees amount to £120 p/week, with a discount applicable after two weeks’ placement. For each full or part day that a nanny is employed, charges amount to £25 p/day, in addition to fees paid to the nanny.
- Ad hoc or emergency placement fees are amount to £10 p/hour (in addition to fees paid to the nanny) plus VAT. If you require this service, you will need to set up an account with us, so that we can provide you with ad hoc and/or emergency care whenever you require it. All emergency positions require a £250 deposit at the time of Engagement, which will be returned to you when you close your account with us.
7.2 A fee will be charged in relation to any Candidate who is engaged by the Client as a consequence of any introduction made by or through the Agency, whether direct or indirect, within 1 year from the date of the Agency’s Introduction.
7.3 Once a job offer has been accepted, the Agency will provide the Client with an invoice, setting out the relevant fee, which must be paid within seven days from the date of the invoice, or 24 hours before the Candidate starts their employment, whichever is the soonest.
7.4 The Client shall be liable for and shall indemnify the Agency against all costs and expenses incurred by the Agency in respect of any actions or proceedings brought against the Client by the Agency to obtain payment of outstanding Agency Fees (plus interest).
7.5 Where a temporary position becomes a permanent position (or exceeds six months in duration) the Client shall be require the pay the balance of a full Agency Fee for a permanent position.
7.6 If a Candidate employed on a temporary basis is re-employed by the Client within six months of the termination of the original period of employment (regardless of length of their new agreement) a further Agency Fee shall be payable to the Agency by the Client. This fee will amount to what would have been payable if the Agency were introducing the Candidate to the Client for the first time at the time of their re-employment.
7.7 If the Engagement of any Candidate, be it permanent or part-time, is extended in any way to include either additional hours or additional days the Client will be liable to pay an additional Agency Fee to make up the balance of Fee for the additional hours that have been agreed.
7.8 If a Candidate is engaged in employment following an initial Introduction by the Agency – but without the Agency’s knowledge – the Client shall be liable to pay both full placement fees, but also any costs owed to the Agency that were incurred while recouping the Placement fee, in addition to the usual debt interest level of 8%.
8. Replacements, Refunds and Cancellations
8.1 If the Candidate does not commence employment with the Client after accepting an offer of employment or if the Candidate leaves the employment within six calendar months (full-time or part-time Permanent placements), then the Agency shall provide one Replacement Candidate for the Candidate who has not take up or left the Client’s employment.
8.2 The Agency will make all reasonable effort to provide the Client with suitable replacement Candidates, up to a maximum of six profiles, which will be selected based on the information that was originally provided in the Registration Form. The Agency accepts no liability and is not obliged to continue to offer potential Replacements as a result of the Client finding the profiles unacceptable, and therefore does not want to Engage any of the Replacement Candidates that are proposed. The Agency will, at its discretion, do everything possible to help ease the challenges of an absence of childcare, whether by providing temporary or emergency cover, but will not be obliged to do so.
8.3 If the Client engages a Replacement, but this Replacement also results in the second Candidate not commencing employment, or leaving prior to completing at least six calendar months of employment, then – except in exceptional circumstances and at the Agency’s discretion – no further Candidates will be provided as the Agency’s contractual obligations will have been fulfilled. Should a new Engagement be required, a new Placement fee will have to be paid.
8.4 The Agency may refuse to provide a Replacement Candidate if the reason the Candidate chose to leave the employment was as a result of a material change in terms of the contract of employment/services that was not agreed to by the candidate (whether it be hours worked, a change in job description, circumstance etc). Equally, if the Client were found to be physically or verbally aggressive or there was a breach by the Client of the contract of employment/services or the Candidate were to be dismissed by the Client on anything other than just and reasonable grounds. The decision to provide a Replacement in cases where the Client has dismissed the Candidate will be at the discretion of the Agency.
8.5 The Client will be eligible for one Replacement only under these conditions except in exceptional circumstances – and only at the discretion of the Agency. Any further Engagements will warrant a new Placement fee being paid.
9. RefundsRefunds will only be made at the discretion of the company Director who can be emailed HERE
10.1 Neither the Agency nor any of its staff will be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the introduction or supply of a Candidate for all or part of any period booked the Client, unless such loss, damage, costs or expenses are the direct result of negligence or omissions on the part of the Agency. In particular – but in no way limited to – the Agency will not be liable for any loss, injury, damage, expense or delay in any way connected with a) any failure of the Candidate to meet the Client’s requirements b) any act or omission of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise and/or c) any loss, injury, damage, expense or delay suffered by a Candidate. Equally, the Agency shall not be liable for a Candidate’s failure to commence employment or for any loss of income or revenue sustained by the Client due to having to care for a child themselves. The Agency will not be liable for the cost of paying another nanny or childcare provider, or for costs incurred due to damage to property or theft of property. Nor shall the Agency be liable for any other losses, which cannot reasonably be foreseen, would result from the Agency’s failure to comply with this Agreement.
10.2 The Agency excludes all liability for – and the Client shall indemnify the Agency in full against all – claims, damages, losses, fines or other sums incurred where any such liability arises out of the Client instructing a Candidate to perform tasks outside the scope of any Engagement, including – but not limited to – asking a Candidate to take children outside the Client’s property.
10.3 Any liability of the Agency shall be limited to the Agency Fees paid to the Agency in respect of an Engagement.
10.4 The Agency does not employ Candidates introduced to Clients, and any contracts of employment that are entered into between the Client and Candidate are expressly between those persons directly. The Client is responsible for complying with all employment, taxation and any other relevant legislation in respect of this contract of employment.
10.5 The Client is responsible for requesting any medical report in relation to a Candidate from a GP under the Access to Medical Reports Act 1988.
10.6 The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability insurance for domestic workers (including childcare).
10.7 This clause (10) does not exclude or limit in any way the Agency’s liability for death or personal injury caused by the negligence on the part of the Agency or fraud, or fraudulent misrepresentation or any other matter for which it would be illegal or unlawful for the Agency to exclude or attempt to exclude the Agency’s liability.
11.1 Either party may terminate the Agreement by notice in writing at any time to the other if the other party commits a material breach of these Conditions and, in the case a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so or the other party commits a material breach of these Conditions which cannot be remedied under any circumstances.
11.2 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
11.3 Where a Candidate has been offered – and has accepted – a position of employment on either a temporary or permanent basis, the initial Introduction service will be deemed to have been performed adequately and the full Placement fee will be payable, even where the Client has subsequently indicated a desire to terminate the Agreement.These Terms and Conditions (including any non-contractual matters and obligations arising there from or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.