These terms and
conditions shall represent a legally binding contract
between the client or employer (the "Client") and Assured Nannies
(the "Agency"). The Client will be required to complete a Client
Registration Form. Verbal or written instruction by the Client to the
Agency to submit suitable Candidates for contact or interview shall
constitute acceptance by the Client of these terms and conditions.
The term "Candidate" means a person introduced by the Agency.
Privacy
ASSURED NANNIES complies fully with its obligations under the Data
Protection Act 1998 and other relevant legislation pertaining to the
safe handling, use and storage of all information. The Data Protection
Act 1998 requires us to have your consent before we use any personal
information you give us or pass it to any third parties. By submitting
your registration form you agree with us that any information we hold
about you can be held on computer and/or paper files. You have the
right, at any time, to contact us and ask for a copy of the information
which we hold about you. You will be charged a fee for this. Any
information which you give us, including personal data and information
such as email address and telephone number will be used for the
primary purpose of processing your application further and may be
disclosed to selected candidates.
Fees
(a) Fees are payable by the Client on the acceptance, either
verbally
or in writing, by a Candidate of a position with the Client.
(b) Fees, at the current rate of the Agency's charges, are payable
within 14 days from the date of the invoice submitted by the Agency.
The Agency reserves the right to charge the Client a surcharge on
all accounts notsettled within this period.
(c) Should a Client cancel the agreement between the time of
offer
and the start date 50% of the fee will be payable.
(d) Fees are due in respect of each Candidate taking up a position
with the Client or as otherwise set out herein.
Confidential Information
All communication, whether written or oral and however
communicated, shall be confidential between the parties. Should
the Client pass on any information including details of Candidates, or
recommend a Candidate to a third party resulting in a booking of
permanent, temporary or part time childcare employment 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.
Introduction by Third Parties
As soon as the Agency has advised the Client of a prospective
Candidate the Client cannot accept the Candidate from another
Agency. If the Client accepts and interviews the Candidate from
another Agency the Client will be responsible for the full fee payable
to Assured Nannies in the event of the Candidate being offered and
accepting the position.
It is the obligation of the Client to immediately inform the Agency
when a Candidate introduced by the Agency has already been
introduced by a third party. If the Client does not so inform the
Agency then it will be presumed that the introduction has been
effected by the Agency and the relevant fee will become payable.
Liability
The Agency acts as an introductory Agency between the Client
and Candidate. No Candidates are directly employed by the Agency.
The Agency endeavours to provide the Client with only the most
suitable Candidates. However the final decision to employ a
Candidate is the sole responsibility of the Client who must ensure
the suitability of the Candidate. The Agency does not accept any
liability for any kind of inconvenience, loss or damage howsoever
arising and whether caused directly or indirectly from an act or
omission of a Candidate introduced by the Agency. Similarly no
warranty is offered in respect of the suitability, honesty, capability
or character of any Candidate introducedby the Agency and employed
by the Client. The Agency does not exclude or restrict liability for
death or personal injury resulting from its negligence.
Guarantee
If a Candidate who has been confirmed as a permanent placement
with the Client either does not start employment, or has their
employment terminated (in writing), or leaves within 4 weeks of
starting employment with the Client then a full refund, excluding
a £75 administration charge, will be given subject to the following
conditions:
(a) the Agency is informed within 2 days of the failure to commence
the booking or the termination of the employment;
(b) the relevant fee has been settled in full within 14 days
of the
date of invoice;
(c) the booking has not been cancelled by the Candidate because
of
unreasonable demands by the Client;
(d) the Candidate has not left because of unreasonable working
conditions or because of a change in the job description or change
in location; and
(e) the Client is still intending to employ a childcarer and
the Agency
is given 3 weeks to find a suitable replacement.
No refund will be given where the Client retains the services of a
Candidate, even though the Client considers the Candidate
unsatisfactory.
Tax, National Insurance and Contracts
All Candidates upon commencing employment are employed by the
Client who will be responsible for all Tax, National Insurance and
Contract issues. It is the Client’s responsibility to ensure that Tax and
National Insurance contributions are deducted from the Employee’s
wages and that proper PAYE records are operated in accordance with
the requirements of the Inland Revenue. A comprehensive contract
of employment should be drawn up and agreed by both parities prior
to employment commencing.
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