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Terms and Conditions of Business - Nanny / Mothers Help / Housekeeper Placement

Definitions:

"the Nanny" 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

" We" and "Us"

means Jobs In Demand Childcare (a Division of Jobs In Demand Limited)

"You" and "Your"

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

Please click here to make on-line payments.

1. Registration

1.1You 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.

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
Part-Time 3 Days per Week £ 450.00
Part-Time 1-2 Days per Week £ 250.00
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


    

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.

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

4.1We 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.

4.2The 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.

4.3We 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

4.4The 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 .

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.

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.

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.

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.

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.

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.

7. Warranties

7.1 You confirm that all information supplied by You, both in the registration form and otherwise, is complete and correct.

7.2 You will comply with these terms and conditions and make all payments in accordance with these terms and conditions.

7.3 You will at all times behave in a responsible, reasonable and caring way towards the Nanny.

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.

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.

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.

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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