TERMS AND CONDITIONS FOR HOST FAMILIES


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 equivalent to one month’s salary offered to the candidate. There is a minimum Placement Fee of £500.00
3. The 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. If the Client confirms they wish to hire the contacted candidate they authorize the Agency to debit their credit card with the agency fees. If they do not contact the agency within 7 days it will be presumed they do not wish to confirm the candidate and the candidate will be free to accept another offer.
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 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 or a full refund. 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.
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 Agency does not receive payment of the renewal fee within 7 days of the renewal date the candidate will be offered new family offers.
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. Refunds will only be given if a candidate leaves the host family within the first 7 days.
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 one-year stay one month’s paid holiday is due. Shorter 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.
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 registration fee of £99.00 is payable. This registration fee is valid for one year. The registration fee is refundable within 7 days of payment.
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.
33. The Client has the right to cancel this contract and ask for a full refund of all payments made within 7 days of filling out this application form