Terms & Conditions - Nanny services
TERMS AND CONDITIONS OF BUSINESS OF LOTUS MOTHER
These Terms and Conditions of business are a legally binding contract between LOTUS
MOTHER (the Agency) and an employer (the Client) and are deemed to be accepted by
the Client by virtue of the use or engagement of a person (the Candidate) introduced to
the client by LOTUS MOTHER.
1) DEFINITIONS
The following expressions shall have the following meanings:
1.1. “Agency” means Lotus Mother, contact details www.lotusmother.com and e-mail info@lotusmother.com;
1.2. “Client” means any person who purchases Services from the Agency;
1.3. “Services” means the introduction of a Candidate;
1.4. “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Agency;
1.5. “Candidate Acceptance Form” means the contract between the Agency and the Client. The Candidate Acceptance Form stipulates which one of our Candidates the Client has decided to hire;
1.6. “Candidate” means any nanny or childcare professional;
1.7. “Permanent Placement” means the engagement of any Candidate by a Client either on a part-time or full-time basis for more than 12 weeks.
2) GENERAL
2.1. These Terms and Conditions shall apply for the supply of Services by the Agency to the Client and shall supersede any other documentation or communication between parties unless expressly agreed to the contrary by both parties in writing.
2.2. The Agency is acting as an introductory Agency only and does not directly or indirectly employ staff.
2.3. Any variation to these Terms and Conditions must be agreed in writing by both parties.
2.4. These Terms and Conditions shall be signed and returned to the Agency by the Client.
2.5. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agency may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3) SERVICES
3.1. The Services are introduction of Candidate(s).
3.2. Any variation to the Services must be agreed by both parties in writing.
3.3. The Services shall commence on the date of the payment of the registration fee (see clause 4.1.) and continue until terminated according to the terms of this Agreement.
4) FEES AND PAYMENT
4.1. The Agency's standard fee for a permanent placement is as follows: A non-refundable registration fee of £150 is required after the Agency has sent the Client one or more Candidate profiles and before moving on to the interview stage. The introduction fee for a permanent placement is 6 weeks of the Candidate’s (the Nanny) net salary excluding VAT. This introduction fee is due within seven days from signing the Candidate Acceptance Form. The invoice will be sent at the same time as the Candidate Acceptance Form. The £150 registration fee will be deducted from the introduction fee.
4.2. The Agency fees for UK Temporary/Trial Positions (up to 12 weeks) are £40 per day excluding VAT due before the date of emplyment. See more on this point in clause 7, 'Refunds and Replacement'.
4.3. If the fees paid relate to a Temporary Placement of a Candidate who then becomes a permanent employee of the Client within 12 months from the date of the initial introduction the Client shall pay the difference between the temporary and permanent placement fees at the time of the change in employment status.
4.4. If the part-time position is extended to full-time position in the first year of employment, then the Client shall be liable to pay to the Agency the full permanent fee less any fees already paid in respect of the part-time base engagement.
4.5. The minimum fee for a candidate permanent placement is £1,750 excluding VAT. Clients paying the minimum fee are not eligible to any further discounts and promotions.
4.6. The Client must settle all payments of the Agency fees within seven days from the invoice date and prior to the Candidate commencing employment with the Client. The replacement of a Candidate is only guaranteed if the Client has paid the appropriate Agency fee and any other charges under these conditions of business. See more on this point in clause 7, 'Refunds and Replacement'.
4.7. If a Candidate who is introduced by the Agency is rejected (or rejects an offer of employment) by the Client, a full introduction fee will be payable if the Candidate is then employed by the Client at any time thereafter despite the length of employment.
4.8. If a Client employs a member of staff who has been introduced by the Agency but does not inform the Agency within 7 working days, the introduction fee will be payable despite the length of employment.
4.9. The Agency reserves the right to charge interest on any overdue invoices from the date of invoice until payment is made in full. This is calculated at the monthly rate of 5% and is in the event of any legal proceeding initiated by the Agency to recover the fee. The rate of interest will be the current rate in accordance with the County Court Act 1984 from the date on which proceedings are instigated.
5) CLIENT OBLIGATIONS
5.1. The Client agrees to cooperate with the Agency as may be required.
5.2. The Client shall specify their exact requirements and provide full details of the type of work and period of employment for which the Candidate is required.
5.3. The Client shall notify the Agency in written immediately should it choose to engage a Candidate introduced by the Agency.
5.4. If the Client or a member of the Client’s staff or any acquaintance or associate of the Client, passes on an introduction to any other person or persons resulting in the engagement of the Candidate, the Client shall be liable for payment of the full fee in accordance with the
fees described in Condition 4.1
5.5. The Client is responsible for the employment of the Candidate including the contract of employment and the Candidate’s remuneration.
5.6. The Client is responsible for any deductions of tax or National Insurance from the Candidate.
5.7. The Client is responsible for obtaining any medical certificates, work permits or other approvals necessary for the Candidate prior the commencement of employment.
5.8. The Client should inform the Agency immediately when the Candidate is introduced by the Agency who has already been introduced by a third party. If the Client does not inform the Agency, the fee will become payable.
6) AGENCY OBLIGATIONS
6.1. The Agency shall supply the Services as specified under Condition 3.1.
6.2. The Agency shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
6.3. The Agency will take all reasonable steps to introduce Candidates who are of sound character, honest and reliable but that does not guarantee the suitability of any Candidate introduced or supplied to the Client and accepts no liability for any loss or damage arising from any negligence, misconduct, dishonesty or lack of skill of the Candidate.
6.4. The Agency shall obtain references including an enhanced DBS check from each Candidate, but the Client must satisfy themselves as to the ultimate suitability of a Candidate.
7) REFUNDS AND REPLACEMENT
7.1. If a Candidate engaged in permanent employment by the Client does not remain in the Client’s employment for 12 weeks or has their employment terminated by the Client within 12 weeks of the initial date of employment, the Agency will endeavour to provide one replacement candidate according to the requirements specified in the original Client’s brief if the following conditions are met:
7.1.1. The Client notifies the Agency in written within 3 days of the Candidate’s termination;
7.1.2. The Client has paid the appropriate placement fee;
7.1.3. The Client has not changed any of the original requirements for the Candidate as specified in the Client’s brief;
7.1.4. The Candidate did not resign due to unreasonable demands placed upon them by the Client;
7.1.5. The Clients intention to employ a Candidate remains;
7.1.6. The Client has given the Agency a six-week period to recruit a suitable replacement Candidate to be engaged by the Client for the same requirements as
specified in the original Client’s brief.
7.2. The Agency may choose to provide a refund of any placement fee excluding an administration fee and temporary charges for the period the candidate stayed with the Client in case it cannot find any replacement candidate. If the Client does not accept the provided replacement candidate, then no refund is given. After replacing the first Candidate, no refund or replacement will be available to the Client. All temporary position fees are non-refundable.
7.3. Please note that once the Client advises the agency to look for a replacement Candidate and then finds a new Candidate via another source, the Agency will not offer any refund.
7.4. No replacement will be offered, nor refund made, in respect of the engagement terminated by the Candidate as a result of unsatisfactory working or living conditions, change in the job description or conditions materially different from those stated in the Client’s brief or where the Client decide not to further employ a Candidate or substantially change the working or living conditions applicable to the position.
7.5. If the Client has not met the conditions as stated in Condition 7.1 of these Terms and Conditions they remain responsible for full payment of the initial placement fee.
7.6. All refunds for permanent placements are subject to an administration fee of £300.
8) CANCELLATION
8.1. If the Client requires a cancellation of the Candidate Agreement Form then the Client must do this in writing to the provided contact details in 1.1.
8.2. If the Client cancels within 14 days of signing the Candidate Agreement form, the Client shall not be liable to pay the full Agency fee. If the Client cancels after 14 days from signing the Candidate Agreement Form, the Client shall be liable to pay the full Agency fee.
9) TERMINATION
9.1. The Services shall continue until the Services have been provided or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
9.2. Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
10) LIMITATION OF LIABILITY
10.1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Agency for death or personal injury, however the Agency shall not be liable for any direct loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Agency in the insurance year in which the Client’s claim is first notified.
10.2. The Agency accepts no liability for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act or omission by any Candidate introduced to the Client by the Agency
11) NOTICES
Any notice to be given by either party to the other may be served by email to the email address of the other party given in 1.1. above and shall unless the contrary is proved be deemed to be received on the day it was sent.
12) GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. We indicate by our signatures that we accept the Terms and Conditions of this Agreement.
13) ASSIGNMENT CLAUSE
Neither party may without the prior written consent of the other party assign a benefit or obligation imposed in these Terms and Conditions.