| Terms and Conditions of Business - Nanny
/ Mothers Help / Housekeeper Placement |
Definitions:
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| "the Nanny" |
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means the Nanny, Mothers Help or Housekeeper
found by Jobs In Demand Childcare and who is the
recipient of the letter of invitation from the family
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| " We" and "Us"
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means Jobs In
Demand Childcare (a Division of Jobs In Demand Limited)
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| "You" and "Your"
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means the family
who commissions Jobs In Demand Childcare to locate a
Nanny on their behalf and who accepts these Terms and
Conditions as laid out
herein
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Please click here to make on-line
payments.
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1. Registration
1.1 You can register with Us by completing
and submitting the Registration Form, which sets out Your
requirements. This can either be done at the website (on-line) or
You can request a paper copy from Us, which you
are required to complete and sign. We will use the
information supplied in the registration form as the basis of
finding you a Nanny. On signing the registration form you are
agreeing to accept these terms and conditions.
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| 2. Placement Fee
2.1
We charge a fee for placing the Nanny with You ("the Placement Fee").
The Placement Fee is dependent on the type of employment offered to the Nanny (Permanent, Part-Time or week-by-week) and the
expected duration of that employment. This will be determined by the information given by You in the registration form and any
subsequent instructions given by You to Us. The Placement Fees are listed in the table below:
|
Employment Type |
Expected Duration of Employment
|
Placement Fee |
| NANNY |
| Permanent |
12 months+ |
£ 800.00 |
| Part-Time |
4 Days per Week |
£ 650.00
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| Part-Time |
3 Days per Week |
£ 450.00
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| Part-Time |
1-2 Days per Week |
£ 250.00
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| Temporary |
Week-by-Week Basis |
£ 50.00 per week |
| HOUSEKEEPER |
| Full or Part-Time |
- |
£ 800.00 |
| MOTHER'S HELP |
| Short or Long Term |
- |
£
400.00 |
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Note:
If you wish to offer the Nanny, Housekeeper or Mothers Help a
term of employment that is not included in the above table of
fees, please contact us and we will be pleased to give you a
quotation. |
2.2
We are in constant contact with the
Nannies We recommend and if You transfer or pass on the name and details of a Nanny to other families, where the Nanny was
initially introduced to You by Us, You will be liable for the Placement Fee, in the event of another family employing the Nanny
within 12 months of the Nanny's initial introduction to You by Us. As soon as we are notified of the employment We will invoice
You for the Placement Fee due which will be payable within 7 days of the invoice date. |
2.3
The Placement Fee will be payable to Us by You if the Nanny is engaged by You within 12 months of our initial introduction to You where You
have previously declined the services of the Nanny. |
2.4
If You decide within 6 weeks of actual payment of the Placement Fee to increase the Nanny's working hours, we will be entitled to recover from you the Placement Fee in
respect of the increased working hours less any monies paid by you. |
| 3. Terms of Payment
3.1
The Placement Fee must be paid in full
when You send Us the letter of invitation to engage the Nanny
and the Nanny accepts the position offered. We will send You
an invoice once the Nanny has accepted the position. This
invoice is payable within 7 days. Time is of the essence for
payment. |
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3.2
INTEREST ON UNPAID
INVOICES: FAILURE TO MAKE FULL PAYMENT OF ANY
OF OUR FEES WITHIN 7 DAYS OF THE INVOICE DATE WILL RESULT IN
INTEREST BEING APPLIED TO THE OUTSTANDING AMOUNT FROM TIME TO
TIME AT A RATE OF 4% PER ANNUM ABOVE THE BASE RATE AS VARIED
OF LLOYDS TSB BANK PLC ACCRUING DAILY FROM THE DATE PAYMENT
FELL DUE DOWN TO THE DATE OF ACTUAL PAYMENT (BOTH DATES
INCLUSIVE). ALL COSTS AND EXPENSES INCURRED BY US TO RECOVER
ANY UNPAID SUMS WILL ALSO BE DUE FROM YOU. |
| 4.
Refund/Replacement Policy
4.1 We are committed to matching the right Nanny to each family's individual needs. However, if a Nanny leaves Your employment voluntarily or You terminate the Nanny's employment within 6 weeks of their start date, such start date as confirmed to You in writing by Us, We will endeavour to provide a replacement Nanny ("the Replacement Nanny") at no additional cost to You as soon as possible, provided that: |
4.1.1
You
have fully complied with the Warranties contained in Clause 7; |
4.1.2
There are no monies outstanding; and |
4.1.3
You have informed Us within 2 days of the Nanny leaving. |
4.2 The
suitability of the Replacement Nanny will be based on the information
provided by You to Us on the registration form and who in Our opinion is
the best match for You from the Nannies on our database. |
4.3 We will
use Our reasonable endeavours to find a Replacement Nanny as soon as
possible but may not be able to do so immediately. However, where the Nanny
placement was for more than 4 weeks and within 4 weeks of the Nanny
leaving You a Replacement Nanny cannot be found, We will offer You a
refund of the Placement Fee as follows: |
4.3.1
Where the Nanny
was in the placement for a period less than or equal to 3 weeks: 70% of the Placement
Fee |
4.3.2
Where the Nanny
was employed for a period between 3 weeks and 6 weeks: 50% of the Placement
Fee |
4.4 The refund policy
specified in clause 4.3 does not apply in the case of a Nanny
who works on a week-by-week basis. |
4.5 If a Nanny or Replacement Nanny
continues in Your employment for a period exceeding 6 weeks
from their start date, no refunds will be
made
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4.6
For the
avoidance of doubt, should You decide to cancel the Nanny
after the position has been offered and accepted by the Nanny
but before the Nanny actually starts his/her placement with
You, the Placement Fee is payable. No refunds can be
made in these circumstances.
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| 5.
Liability
5.1
We will
endeavour to ensure the integrity and suitability of the Nanny but cannot guarantee the accuracy of
references or personal details supplied by the Nanny to
Us.
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5.2 We shall not be
liable under any circumstances for any loss, damage, expense,
injury or inconvenience suffered or incurred by You in
offering or providing the placement to the Nanny.
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5.3 We shall not be
responsible for any breach by the Nanny of any agreed terms of
engagement or for any other act or omission whether willful,
negligent or otherwise.
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5.4 The Nanny is
at no time directly or indirectly employed by Us. We act
in an introductory capacity only between You and the Nanny.
You acknowledge that You will be the Nanny's employer and be responsible
for all payments due to the Nanny, including all deductions
and liabilities for income tax and National
Insurance Contributions. You agree to indemnify Us if We are held
liable to make any such payments to the Nanny by any
government agencies in respect of the Nanny's employment.
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| 6. Accidents
We shall not be
responsible for any accident or incident that may happen to an
Nanny by any person or be caused by an Nanny to any
person.
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| 7.
Warranties
7.1 You confirm that all
information supplied by You, both in the registration form and
otherwise, is complete and correct.
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7.2 You will comply with
these terms and conditions and make all payments in accordance
with these terms and conditions.
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7.3 You will at all times
behave in a responsible, reasonable and caring way towards the
Nanny.
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| 8. Third Party Claims
No third party shall
acquire any rights under these terms and conditions. |
| 9. DATA
PROTECTION NOTICE
JOBS IN DEMAND LIMITED WILL USE THE INFORMATION PROVIDED BY YOU TO CARRY
OUT OUR SERVICE OF MATCHING YOU WITH A SUITABLE NANNY. WE MAY DISCLOSE YOUR INFORMATION
FOR THIS PURPOSE TO OUR AGENTS OR POTENTIAL NANNIES WHO IN OUR OPINION
MEET YOUR REQUIREMENTS AND YOU HAVE CONSENTED TO US DISCLOSING THE
INFORMATION.
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BY RETURNING THE REGISTRATION FORM TO US AND SIGNING THE SAME,
YOU CONSENT TO OUR PROCESSING SENSITIVE PERSONAL DATA ABOUT
YOU WHERE THIS IS NECESSARY FOR THE PURPOSES DESCRIBED ABOVE,
FOR EXAMPLE HEALTH, NATIONALITY/RACE AND RELIGION.
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YOU HAVE A RIGHT TO ASK FOR A COPY OF THE INFORMATION WE HOLD
ABOUT YOU (FOR WHICH WE MAY CHARGE A SMALL FEE) AND TO CORRECT
ANY INACCURACIES IN YOUR INFORMATION.
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| 10. Governing Law
These terms and conditions shall be governed by and construed in accordance with the
laws of England and the Parties irrevocably submit to the exclusive
jurisdiction of the English Court.
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