Terms and Conditions1. Definitions and Interpretation"Candidate" means a person introduced by the Agency to the Client for employment in respect of childcare either as a nanny or as an Au pair or as an Au pair plus, or as mother help or as Au pair couple. "The Charge" means the fee payable to the agency for the services. "Client" means the client named on the Client Registration Form for whom the Agency has agreed to provide the Services in accordance with these conditions. "Client Registration Form" means the form to which these Conditions are annexed. "Introduction" means the Clients interview of a candidate in person or by telephone or the Agency passing to the Client a Curriculum Vitae or other information which identifies the Candidate and which leads to the employment of that Candidate by the Client. "Services" means the Introduction of a Candidate by the Agency to the Client in the accordance with this Agreement. 2. Supply of the ServicesThe Agency shall use reasonable endeavours to ensure the Introduction of a candidate who is suitable for the Client but does not guarantee the suitability of any candidate introduced or supplied to the Client and accepts no liability for any loss or damage arising from any negligence, misconduct, dishonesty or lack of skill of the candidate. 3. Responsibilities of the Client3.1 The Client shall notify the Agency in writing within 24 hours of:
3.2 Where applicable, the Client shall be responsible for the payment of a candidate employed as a result of an Introduction and shall comply with all legislation relating to Tax and National Insurance Contributions, as amended from time to time. 3.3 Any information provided by the Agency to the Client in respect of an Introduction shall be kept confidential by the Client and not passed to any third party looking to employ the candidate. The passing of information to a third party which results in that third party employing the candidate shall render the Client liable for payment to the agency of the charge under terms of this Agreement. 3.4 Whilst the Agency will undertake the requisite checks, ultimately it is the responsibility of the Client to satisfy himself as to the suitability of any candidate (including medical history), to take up any references, to make appropriate checks of qualifications or driving licences and to obtain a work permit for the candidate (if appropriate). 3.5 The client must ensure that the candidate's place of work complies with Health and Safety Legislation as amended from time to time. 3.6 The client acknowledges that it is the responsibility of any candidate travelling from outside the UK to purchase a return ticket and for emergencies, and that it is not the responsibility of the Agency to meet any such expenses. 4. ChargesThe rates of charges which apply to nannies and aupairs are set out in the accompanying schedules. 1. There is a £50 charge to cover administration costs when you register with 123 Agency. This charge is non-refundable. In addition to this, a finders fee of £50 charge is also payable to the agency at the beginning of every month, and no later than the 5th of every month. This charge is finder's fee payable to the agency. This charge is payable for every month that the candidate supports the host family. 2. The charge is payable by the Client within 14 days from the date of invoice. 3. In the event of late payment the Agency reserved the right to render a surcharge of 25%. If payment remains outstanding after 30 days the matter will be referred to debt collectors. Any additional costs shall be borne by the Client and/or candidate and not the Agency. 4. Payment of charges by credit card or debit card will attract an additional charge of 3% to cover bank charges. 5. If for any reason the Client has to delay the commencement of the employment of the candidate (for example because of the birth of a baby later than expected) then the Client shall be liable to pay the candidate the full agreed weekly salary from the agreed date to the date of actual commencement and no refund of the charge or any part thereof shall be payable. 6. If the Client cancels a confirmed booking less than fourteen days prior to the agreed commencement date the Client shall pay the full charge payable in respect of such booking and one week's agreed salary for the Applicant to the Agency. 7. The Client shall pay to the Candidate reasonable travelling expenses for attending an interview with the Client. 8. All payments must be in UK pounds sterling unless otherwise agreed in writing. 5. Additional Charge1. If a candidate employed by the Client is re-engaged by the Client within one calendar year of the termination of the original period of employment (whether such re-employment is on a temporary or permanent basis) then a further charge shall be payable by the Client to the Agency, such fee to equivalent to the charge which would have been payable if the Agency had introduced the candidate to the Client at the time of re-engagement. 2. If the employment of a candidate is extended beyond the period specified in the Client Registration Form the Client shall be liable to pay an additional charge to the Agency such charge being the charge which would have been payable on the introduction of the candidate for the extended period after deduction of the Agency Fee already paid by the Client. 6. Refund Policy123 Au Pairs and Nannies Agency do not operate a refund policy. As the finder's fee payable to the agency is on a monthly basis, for every month the candidate supports the host family. Contradiction to this will be at the agency's discretions. 7. LiabilityThe Agency shall not be liable to the Client by a reason of any representation or any warranty condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit, loss of business or any indirect special or consequential loss, damage, costs or expenses (whether caused by the negligence of the Agency or its employees) which arise out of or in connection with the provision of the Services and the entire liability of the Agency under or in connection with this agreement shall not exceed the amount of the Agency Fees paid for the provision of the Services except as expressly provided in these Conditions. 8. TerminationEither party may (without limiting any other remedy) at any time terminate this agreement by giving written notice to the other commits any breach of these conditions and (if capable of remedy) fails to remedy the breach within thirty days after being required by written notice to do so or if the other goes into liquidation or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed. In the event that the Agreement is terminated by the Agency under the clause, 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 and all other sums due to the Agency will immediately become payable in full. The partnership between a client and candidate can be terminated by 4 weeks written notice by either party. Immediate termination by the client will mean that a candidate will be entitled to 2 weeks wages/pocket money (calculated pro-rate on their agreed monthly wage or pocket money. Immediate termination by the candidate will permit the client to deduct 2 weeks wages or pocket money from monies due to the candidate. 9. General9.1 These terms and conditions together with the terms set out in the Registration From constitute the entire agreement between the agency and the client, and may not be varied except in writing between the parties. 9.2 Any dispute shall be resolved under English Law and the parties submit to the jurisdiction of the English Courts. S C H E D U L EAu pair £300.00 for 6 months placement Au pair £90.00 a month for a placement of 3 months or less Au pair plus £380.00 for a 6 months placement (placements for shorter than 1 year will be calculated on a pro-rata basis by the agency) Mothers Help £400.00 for a 6 months placement (placements for shorter than one year will be calculated on a pro-rata basis by the agency) Au Pair couple £600.00 for a 6 months placement (placements for shorter than 1 year will be calculated on a pro-rata basis by the agency Please note that any costs related to other placement durations will be agreed at time of registration, and were placements durations of 1 year or more are required, discounted rates are applied. CHARGES APPLICABLE TO CLIENT AS FINDERS FEE FOR NANNIES (LIVING IN OR OUT) Client finders fee £800.00 for a 12 month placement Client finders fee £400.00 for 6 month placement Client finders fees £100.00 a month for a placement of 3 months or less |
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