PERMANENT CHILDCARE TERMS & CONDITIONS
If you have any questions regarding the terms and conditions please call us on 020 7177 2249.
Please read this document carefully as it sets out the terms and conditions between Snuggles Childcare (the Agency) and the employer (the Client) relating to the introduction of temporary and permanent staff to you (the Client) by Snuggles Childcare (the Agency), which is a legally binding contract.
1. Contract
1.1 These terms and conditions represent a legally binding contract between the client or employer (the “Client”) and Snuggles Childcare nanny agency (the “Agency”). Acceptance of these terms and conditions by the Client takes effect when a verbal or written instruction by the Client to the Agency to submit suitable Candidates for contact or interview or arrangement of interviews takes place. The term “Candidate” means a person introduced by the Agency.
1.2 The Agency is acting as an introductory agency and not an employment agency; therefore the client employs the candidate.
1.3 As the process of providing these services starts as soon as the Client contacts the Agency, the Client agrees to waive their right to cancel the service within 7 days as defined under the Consumer Protection (Distance Selling) Regulations 2000.
2. Fees
2.1 A permanent position is a placement in excess of 12 weeks. Fees are payable by the Client on the acceptance, either verbally or in writing, of a Candidate. If a Candidate has been offered employment it is the responsibility of the Client to notify the Agency. Fees, at the current rate of the Agency’s charges, are payable within 7 days from the date of the invoice sent by the Agency, or if the Candidate starts before the end of the 7 day period, payable before the Candidate starts work. The Agency reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period and in addition to re-claim any costs (including debt collector’s fees) incurred as a result of chasing for payment.
2.2 Returning or extension of employment:
If a Candidate returns to a Client at a future date (for a temporary, permanent or babysitting position) or if a temporary engagement is extended, then the difference between the temporary fee already paid and the permanent placement fee shall become payable. In the case of a Candidate returning to a Client, this fee shall be the current full fee chargeable by the Agency for the relevant position. The Client agrees to notify the Agency of a re-engagement or extension of a temporary engagement, but the fee plus 20% will be charged if the Client fails to notify the Agency.
2.3 Temporary positions require a fee of £30 per day before employment commences. There will be no refund or reduction from the Agency’s current rate if a temporary booking is cancelled or reduced in duration. Paragraph 2.3 above will apply if the temporary period is extended.
2.4 In the case of part time positions, if within 2 months the Candidate is asked to work longer hours, then an additional fee will be charged which will be the difference between the fee actually charged and the fee that would have been charged if the Candidate had been initially engaged for those longer hours.
3. Confidentiality
1. All communication, however communicated, is confidential between the parties.
2. If the Client passes on any information including details of Candidates, or recommends a Candidate to a third party, which then results in placement of permanent, temporary or part time childcare employment, the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.
4. Introduction of a Candidate other than through the Agency
The Client must immediately notify the Agency if a Candidate put forward has already been introduced by a third party or has been viewed or contacted through a website or advertisement. If the Client does not notify the Agency, and the Agency has been working on matching the Client and Candidate, or if the Agency continues to work on matching the
Candidate to the Client, it will be presumed that the introduction has been effected by the Agency and the relevant fee will be payable if the Candidate is then engaged by the Client.
5. Interviewing
The Client needs to provide a minimum of two identification documents to the agency, such as a copy of their passport as proof of identification and a proof of address such as a household bill to confirm their personal address before we arrange an interview with our candidates. No personal interviews are to take place before the Client provides these documents to the agency.
6. Liability
6.1 The Agency endeavours to provide the Client with only the most suitable Candidates. However, the Client must satisfy itself as to the suitability of the Candidate prior to making an offer to the Candidate. The Agency does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and whether caused directly or indirectly from an act or omission of a Candidate introduced by the Agency. Similarly, no warranty is offered in respect of the suitability, honesty, capability or character of any Candidate introduced by the Agency and employed by the Client. Candidates are not the employees of the Agency.
6.2 The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability insurance for domestic workers, including childcarers. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
7. Refund Policy
7.1 If a Candidate (who has been offered and has accepted a position with a Client) either does not start employment or leaves within 8 weeks of starting employment with the Client then one free candidate interview will be provided, subject to the following conditions:
- The Agency is informed by the Client within 2 days of the termination of the employment
- The relevant fee has been settled in full within 7 days of the date of invoice, or if the Candidate started before the end of the 7 day period, the fee was paid before the Candidate started work
- The booking has not been cancelled by the Candidate because of unreasonable demands by the Client; or unreasonable working conditions; or a change in the job description; or a change in location; or a breach of the employment contract by the Client (whether signed or not) or employment regulations (including pay)
- The Client is still intending to employ a childcarer and the Agency is given 3 weeks to find a suitable replacement; and
- The Client does not use another agency or source or website during the 3 weeks to find a replacement.
7.2 If the Client changes their mind and does not go ahead with a placement (where a Candidate has been offered employment and has accepted), then the full relevant fee is still payable, even if no employment contracts have been signed. In addition, the Client is expected to pay the Candidate 1 week’s pay.
7.3 Once one free replacement has been found, there are no further refunds or replacements offered.
7.4 In the event that a free replacement cannot be found, the Agency will refund the Client the following percentage of the original fee:
• If the Candidate leaves within the first 2 weeks: 75%
• If the Candidate leaves after 2 weeks but before the end of her 4th week: 50%
• If the Candidate leaves after 4 weeks but before the end of her 6th week: 25%
7.5 No refund will be given where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory, and no refund will be given where the Client withdraws their offer of employment to the Candidate.
8. General
8.1 This contract shall be construed in accordance with and governed by the laws of England and Wales and the Client agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.
8.2 The Client is responsible for putting in place a suitable contract of employment between the Client and the Candidate and is legally responsible for their employee’s Tax and National Insurance payments and for providing a detailed payslip, as well as any pension contributions that are required to be made by UK law. A copy of the signed contract needs to be emailed to the Agency within 7 days from the date of commencement.