I wish to pay for the deposit by: (please tick)
Credit
Card:
Bank Transfer:
Cheque:
CONDITIONS
FOR SHORT TERM PLACEMENTS (MAX 4 MONTHS)
1. These Terms and
Conditions shall represent a legally binding contract between
Totalnannies Ltd (“the Agency”) and the client or employer (“the
Client”).
2.
The current scale of charges are
as follows: Placement Fee. £500.00
3.
The verbal or written instruction
of the Agency by the Client, or the Client’s appointed agent, to
submit suitable candidates for employment, shall constitute
acceptance of the Agency’s Terms and Conditions.
4.
All correspondence and records
shall be confidential and remain the property of the Agency.
Information supplied by the Agency is confidential and is
accepted by the Client on the condition that such information
will not be disclosed to third parties.
5.
Personal contacts or interviews
with prospective candidates or their acquaintances can be
arranged only if the full Placement Fee has been preauthorised
by credit or debit card. After preauthorisation has been
received the Client will receive the candidate’s contact details
and will have 7 days in which to decide whether to hire the
candidate or not. After 7 days the Client’s credit or debit card
will be debited unless the Client contacts the Agency to inform
it that they do not want to confirm the candidate. Subsequently
if the Client decides not to confirm the candidate the card will
be refunded in full. When the Client receives an offer of a
candidate and clicks on the link to confirm the candidate the
Client authorizes the Agency to debit their credit or debit card
with the Placement Fees as per the Agency’s invoice in order to
confirm the candidate. When the Client receives an offer of a
candidate and clicks on the link requesting further information
on the candidate they are requesting the candidate’s contact
details to contact the candidate directly and subsequently are
authorizing the Agency to preauthorize their debit or credit
card with the Placement Fees as per the Agency’s invoice.
6.
Should the Client effect any form
of introduction, direct or indirect, of a candidate to a third
party, or pass on any details resulting in permanent,
short-term, full or part-time employment, the Client will be
responsible for the full introductory fees in accordance with
the current Scale of Charges.
7.
The Agency will endeavour to
provide the Client with candidates as well suited as possible,
and to this end will seek to furnish the Client with all
relevant information concerning the candidate and to check
details, documentation and references. However, the final
responsibility for any decision to employ the candidate rests
with the Client, who is therefore strongly advised to check
details, documentation and references personally. The Agency
does not offer any warranty as the suitability, honesty,
character or capability of any candidate.
8.
The Agency accepts no liability of
any kind for any inconvenience, loss or damage of property, or
any loss or injury howsoever arising directly or indirectly from
any act of omission of any candidate introduced by the Agency
even if such act of omission is negligent or fraudulent or
reveals dishonesty.
9. The Client agrees to
notify the Agency immediately if a candidate has accepted an
engagement and to supply details to the Agency of the date of
commencement and length of employment (when appropriate) and
agreed wages (when appropriate).
10. Fees are due on
confirmation of a candidate either verbally or in writing, and
not at the commencement of employment. The Client shall be
liable to pay the Agency’s Placement Fees as stated on the
Agency’s invoice sent to the Client prior to the arrival of the
candidate. Fees are inclusive of all expenses excluding
telephone and telefax expenses, which will be charged extra.
11. In the event that a
candidate should cancel an agreed engagement prior to the
commencement date the Agency will provide a substitute candidate
of equivalent qualifications free of charge. Confirmation cannot
be tied to only one candidate. In the event that a Client
cancels an agreed placement, prior to the commencement date, a
replacement candidate will be provided at a later date free of
charge. Under no circumstances is the Placement Fee refundable
once the Client and candidate have sent the Final Acceptance
e-mail.
12. The duration of the
contract is specified on the job description established by the
Client and is agreed by the Client and candidate on
confirmation. Once the candidate has completed the duration of
the contract she/he has completed his/her contract and will be
eligible for placement in a new host family. If the Client and
candidate want to renew the contract for a further period, short
or long term, this needs to be done through the Agency and a
subsequent placement fee will be due at a 50% reduced rate as
per the Agency’s scale of charges. If the Client does not
contact the agency to inform it that the contract has been
terminated it will be presumed that the contract has been
renewed for a subsequent period equal to that of the initial
contract period and the Client’s credit or debit card will be
charged with the subsequent fees due.
13. If a candidate employed
by the Client through the Agency is re-employed by the Client
after the termination of the original period of employment then
a further Placement Fee shall be payable by the Client to the
Agency. Such Placement Fee will be equivalent to the Placement
Fee which would have been payable by the Client to the Agency
if the Agency would have introduced the candidate to the Client
at time of re-employment reduced by 50%.
14. In the event that a
candidate introduced by the Agency is dismissed by the Client
within 6 weeks of engagement, or if the candidate leaves of
his/her own accord within that period, the Agency must be
notified within 5 days of the date, or prospective date of
leaving.
15.
On receipt of the candidate’s and
Client’s confirmation that he/she has left employment of the
Client within 6 weeks of the commencement of employment, a
substitute candidate will be supplied after payment of the
substitution deposit (see point 16) and without any further
expense.
16.
Together with the Placement Fee,
on confirmation, a substitution deposit of £99.00 is due to
cover the expense of substituting a candidate if necessary. The
Client must deduct this substitution deposit from the
candidate’s first salary after arrival. It is the Client’s
responsibility to deduct this sum from the candidate’s salary
and failure to do so will exonerate the Agency from any
liability to refund this sum to the Client or candidate
17.
After the agreed duration, the
candidate is entitled to have her return fare to London paid for
by the Client, or cash equivalent and paid holidays. After a 3
month stay one week’s paid holiday is due. Different durations
are calculated pro rata.
18.
Two week’s notice is required by
both parties to terminate the engagement. If two week’s notice
is not given the candidate is entitled to two week’s extra pay.
During the whole notice period the candidate is required to
carry out her normal duties and be paid the agreed salary.
19. For applications from
male one-parent families two written references need to be
supplied from a professional person (lawyer, doctor, accountant
etc).
20. The Agency does not
employ the candidates introduced and any Contracts of Employment
entered into between the Client and the candidate are between
those persons directly. The Client is responsible for complying
with all employment, fiscal and other relevant legislation,
particularly including that related to PAYE and
National Insurance when necessary.
21. If the candidate is
unable to perform her duties due to sickness or injury she shall
be entitled to receive sick leave in accordance with the
following: Full pay for the first week. Half pay for the second
week. If the candidate’s absence exceeds 2 weeks any further
payments will be at the discretion of the Client and in addition
the Client shall be entitled to terminate the appointment in
accordance with the notice period.
22. The Agency cannot
guarantee that a candidate will complete his/her proposed length
of stay or engagement.
23.
No replacement candidate or future
discounts will apply if the Client has been in breach of any of
the Agency’s Terms and Conditions. Neither will any replacement
or discount apply if the Client changes the specifications of
the position after the original offer has been made.
24.
No replacement candidate or future
discounts will apply if statements in the application form prove
untrue and/or the conditions undertaken are not kept to.
25.
On application a deposit of £99.00
is payable. This deposit is valid for one year and will be
deducted from the Placement Fee on confirmation of a selected
candidate. The deposit is not refundable.
26.
The Client and candidate are
responsible to obtain all necessary work permits or visas where
necessary and is not the responsibility of the Agency. Any
information provided by the Agency regarding visas and work
permits is purely for informational purposes and the Agency
cannot accept responsibility if this information is incorrect as
this type of information is subject to frequent change.
27. Any notice required or
permitted to be given by either party to the other under these
Conditions shall be in writing addressed to the other party at
its registered office or principal place of business or such
address as any at the relevant time has been notified pursuant
to this provision to the party giving the notice.
28. No failure or delay by
either party in exercising any of its rights under this
Agreement shall be deemed to be a waiver of that right and no
waiver by either party of any breach of the Agreement by the
other shall be considered as a waiver of any subsequent breach
of the same or any other provision.
29. If any provision of
these Conditions is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the
other provisions of these Conditions and the remainder of the
provision in question shall not be affected.
30. English law shall apply
to this agreement and the parties agree to submit to the
jurisdiction of the English courts.
31. It is not intended that
any of the terms of this agreement will be enforceable by virtue
of the Contracts (Rights of Third Parties) Act 1999 by any
person not a party to it.
32. We serve the right to withdraw
our services and terminate the agreement at any time and in this
case all payments will be refunded in full.
I declare to
having read and accepted these terms and conditions
Signed: