m: 07515 166 904
e: emma@ginasnannies.com
© 2006 Ginas Nannies
site by Fisher Simons
Terms of Business
1. DEFINITIONS AND INTERPRETATION
In these Terms of Business the following definitions apply:
Agency means Gina’s Nannies of 93 Merton Hall Rd London SW19 3PX.
Candidate means any person introduced by the Agency to a Client.
Client means any parent or family registered with the Agency.
Introduction means the giving of a Candidate’s name and/or other personal information to the Client by e-mail, telephone, post or other means, and
Introduce(s) shall be construed accordingly.
Placement means an agreement (written or oral, whichever is the earlier) between a Client and a Candidate that the Client will employ the Candidate or use the Candidate’s services and a Placement shall be deemed to have been made regardless of whether a written contract has been entered into.
Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa. The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2. AGENCY FEES
The Agency fees set out below are a one-off charge paid by the Client for the Introduction of a Candidate by the Agency. The relevant fee becomes due immediately upon the Placement of a Candidate, and is payable within 14 days of the date of the invoice submitted by the Agency. The Agency reserves the right to levy a 10% surcharge on any invoice not settled within such period, and thereafter interest at a rate of 4% over the Bank of England base rate.
The Agency fee does not include any part of the Candidate’s salary.
If a nanny is engaged on a trial basis but the Placement does not become permanent, the fee chargeable is calculated on a temporary basis. If a Client re-engages a Candidate at a future date, an additional fee shall become due, being the fee then chargeable by the Agency for the relevant Placement. If a temporary or part-time Placement is extended, an additional fee shall become due, equivalent to the difference between the fee paid and the fee then chargeable by the Agency for the extended Placement. The Client shall notify the Agency of any re-engagement of a Candidate or extension of a temporary or part-time Placement.
If a Client introduces a Candidate to a third party and such third party employs the Candidate, the Client shall be responsible to the Agency for the appropriate fee.
3. RATES
Permanent Placements – live in: £1500
Permanent Placements – live out:
- to be employed 5 days a week: £1500
- to be employed 4 days a week: £1200
- to be employed 3 days a week: £900
- to be employed 2 days a week: £600
- to be employed 1 day a week: £300
Part-day live-out permanent Placements (i.e. less than 4 hours a day):
- to be employed 5 days a week: £950
- to be employed 4 days a week: £760
- to be employed 3 days a week: £570
- to be employed 2 days a week: £380
- to be employed 1 day a week: £190
Temporary Placements (full or part time):
- one week or less than one week: £40 per day (or part) employed
- more than one week: £150 for the first week and £75 for each subsequent week
Nanny sharing
If two Clients register with the Agency together in search of a nanny to share then 50% of the relevant Agency fee will be payable by each Client. If the two Clients approach the Agency separately, each will be charged the full Agency fee. If one of the Clients has a nanny already and is seeking a share, then they will be charged 50% of the Agency fee if such a family is found, and that family will be charged the full Agency fee. If the Agency facilitates the introduction of two Clients seeking a nanny share who then employ a nanny not introduced by the Agency then 25% of the Agency fee will be charged to each Client.
CRB checks
CRB Enhanced Disclosures are charged at an additional £59 each.
4. REFUNDS
All refunds shall be subject to the Provisos set out at the end of this clause.
Cancellation by Client
If a Client cancels a Placement before the Candidate commences employment, 50% of the relevant Agency fee will be chargeable (and if the full Agency fee has already been paid, the Agency will refund 50%).
Cancellation by Candidate
If a Candidate fails to take up employment following a Placement, no Agency fee will be chargeable (and if the Agency fee has already been paid, the Agency will refund such fee in full).
Early termination of employment
If, following a permanent Placement, a Candidate’s employment terminates within the first eight weeks of employment, the Agency must be notified within 2 days of such termination and the Agency must be given one calendar month from the date of such notification (“the relevant period”) to Introduce a suitable replacement Candidate to the Client (for which no additional fee will be payable).
If the Agency is unable to Introduce a suitable replacement Candidate during the relevant period, then subject to the provisos set out below, the Agency will grant a refund as follows:
- if employment terminates within the first fortnight of employment:
100% of the Agency fee paid - if employment terminates within the second fortnight of employment:
60% of the Agency fee paid - if employment terminates within the third fortnight of employment:
40% of the Agency fee paid - if employment terminates within the fourth fortnight of employment:
20% of the Agency fee paid
No refund will be granted if a Candidate’s employment terminates during or after the ninth week of employment.
Provisos
All refunds are subject to the retention by the Agency of a £250 administration fee.
No refund will be granted for either non-commencement or early termination of a Candidate’s employment:
- if the Candidate leaves due to working conditions being inappropriate or substantially different from those in evidence prior to the commencement of employment, or due to the unreasonable treatment or demands of the Candidate during her employment, or due to the nature of the job being different from that advertised, or
- if the Client requests that no replacement Candidate be sought, or
- if the Client’s requirements for a replacement Candidate are different from the original specification, or
- if the Client engages a nanny not Introduced by the Agency during the relevant period, or
- if the Agency’s invoice in respect of the Placement was not settled in full within 14 days of the date of the invoice.
Temporary Placements
No refund shall be given if in a temporary Placement the actual period of employment is shorter than anticipated.
5. GENERAL
Registration with the Agency is deemed to signify acceptance of these Terms of Business.
If the Agency Introduces a Candidate already known to the Client, the Client shall notify the Agency immediately, failing which the Agency shall be deemed to have made the Introduction.
The Agency has not conducted any research on any Candidate other than that of which the Client is aware. While the Agency shall check the references and credentials of every Candidate thoroughly, it is emphasised that the information that the Agency provides to the Client is that provided to the Agency by the Candidate and the Agency cannot warrant the accuracy of that information. Clients are advised to follow up the Candidate’s references themselves. The Agency shall not be liable under any circumstances for any loss, damage, delay or injury to property or persons from any act or omission of any Candidate, howsoever arising, even if such act or omission is fraudulent or negligent.
The Client is responsible for ensuring that the Candidate is insured against professional negligence.
The Agency reserves the right to amend the Terms of Business at any time without prior notification. The Terms of Business applicable to any Placement shall be those contained on the Agency website at the time of the Client’s registration.
These Terms of Business are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales. The Contracts (Rights of Third Parties) Act shall not apply.
