TERMS OF BUSINESS

Educated Nannies. " Placing full-time Nannies in the most Exclusive Households in London and Overseas"

Tel.: 07890 554 759 or 0203 091 7173

 

Dear Families,

Please print  these Terms of Business out, read, sign and return them to us by post. Alternatively, give us a ring if you have difficulties in printing these Terms of Business out, so that we can send you a copy of our Terms by post or email.

 

Educated Nannies

Neighbourhood Enterprise Centre - PDT

59 Elgin Avenue

Maida Vale

London, W9 2DB

Tel.: 07890 554 759

Tel.: 00 + 44 (0)203 091 7173

 

TERMS of BUSINESS

 

Please read the Terms of Business carefully as they are legally binding. Once the Client has signed them, the Client is deemed to be bound by these Terms of Business. When the Agency is in receipt of this signed agreement by post, Educated Nannies can start the search to find a nanny for the Client. The address of Educated Nannnies is indicated above.

 

In these Terms of Business, the following Sections shall apply:

 

1. What is the meaning of…?

 

 

"Agency"

 

means Educated Nannies of 59 Elgin Avenue, Neighbourhood Enterprise Centre, London W9 2BD.

 

"Client"

 

 

means any parent/person/family requesting that (a) Candidate(s) should be introduced to the Client for the purpose of domestic employment/engagement by the Client.

 

"Candidate"

 

 

the applicant will be referred as the "Candidate". The "Candidate" refers to any person/nanny/P.A./domestic staff who is introduced to the Client by the Agency.

 

"Introduction"

 

 

refers to the procedure whereby any person/nanny/P.A./domestic staff is introduced to the Client by the Agency & whereby the Candidate's identity, or/and curriculum vitae and other personal details are given verbally, i.e. telephone / face-to-face, or in writing, i.e. by post, by email or by any other method.

 

"Engagement/Placement"

 

 

refers to the use of the Candidate(s) by the Client for permanent or temporary employment. The Engagement/Placement is agreed on either orally or in writing prior to the Candidate's employment by the Client.

 

2. THE CONTRACT

These Terms of Business are legally binding between the Agency and the Client. The Client is deemed to have accepted these Terms of Business upon registration, introduction of the Candidate(s) or Placement/Engagement of the Candidate(s).

The Client shall sign, date and return the present Terms of Business by post or by fax, requesting the search of Candidate(s) by the Agency. The address is: Educated Nannies, Neighbourhood Enterprise Centre - PDT, 59 Elgin Avenue, Maida Vale, London W9 2DB, UK.

The Client certifies that the information provided to the Agency is true and accurate.

As per these Terms of Business, the Client shall undertake to notify the Agency as soon as the Client offers employment to the Candidate(s) as a result of the Agency's introduction(s) verbally or in writing. The Client thus agrees to pay the Agency fees according to the fee structure and rates of the Agency as set out below.

A copy of the contract of employment signed by the employer (the Client) and the Candidate must be dated, signed and then sent to the Agency by post within seven days of signing the contract of employment. 

3. FEES

Fees stated in these Terms of Business are for one engagement only.

It is understood that the Client(s) have to pay the Agency fees upon Placement/Engagement of the nanny/PA/domestic staff within 7 days of issuing the Agency's invoice to the Client(s). If the invoice is not settled by the Client within those seven days, the Agency reserves the right to apply a 25% surcharge to the Client's invoice. These are non-negotiable Terms.

Introductions are strictly confidential. The Client agrees that full Agency fees are payable if the Client fails to respect confidentially related to introductions: names, addresses, telephone numbers, mobile numbers, emails, curriculum vitae and any other method. The Client agrees not to pass on Candidate(s)' details to any other third party, verbally or in writing resulting to the Agency's introduction(s).

The Agency fees must not be retained by the Client on the Candidate's salary. No Agency fees are chargeable to Candidates. The fees are chargeable to Clients.

4. RATES

Educated Nannies is a Nanny Agency & Household Agency making introductions for full-time Candidate(s) on a permanent basis. The rates are as follows:

 

RATES

Live-in Nannies

 

6 weeks net salary

Live-out Nannies

Governesses

Household Personal Assistants

Any Domestic Staff

 

5. CANCELLATION & REFUND POLICIES

Policies applicable before Nannies are employed by Clients

A) Cancellation made by the Client: subject to the conditions set out in Section 6

In the event of a Client cancelling a Placement prior to the Candidate starting employment, the Agency will charge 50% of the applicable fee. If the Client has already paid the full Agency fee, Educated Nannies will refund 50%.

 

B) Cancellation made by the Candidate: subject to the conditions set out in Section 6

In the event of the Candidate's failure to take up employment following a Placement, no fee will be charged by the Agency; - and if the Agency has already received payment for the said Placement, Educated Nannies will refund the Agency fee in full.

Policies applicable to Clients within the first 8 weeks of the employment of Nannies

C) Early termination of employment by the Client or by the Candidate

In the event of a Client or a Candidate lawfully terminating the Candidate's employment within the first eight weeks, the Agency will make every effort to provide a replacement free of charge. The Client must allow the Agency 4 weeks for such a replacement. This replacement clause is valid provided that:

  • the Client had notified the Agency in writing within 2 days of the reasonable grounds for termination of employment;
  • the Client had paid the full Agency fee within 7 days as stated in Section 3 of the Business Terms.

However, if the Agency is unable to make an introduction during the four-week replacement search or if the Client does not want Educated Nannies to carry on with a replacement search, the Agency will make a refund as per the scale of rates set out below:

  • Up to 2 weeks in employment = 80% of Agency fee refunded
  • Up to four 4 weeks in employment = 60% of the Agency fee refunded
  • Up to 6 weeks in employment = 40% of the Agency fee refunded
  • Up to 8 weeks in employment = 20% of the Agency fee refunded

6. LIMITATIONS TO SECTION 5

No Agency fee shall be due to the Client if:

  • the  Agency fee had not been paid in full, within 7 days, as Stated in Section 3
  • the Client had not notified the Agency in writing within 2 days of the termination of employment, as stated in Section 5
  • the Candidate ceases employment due to inappropriate working conditions 
  • the Candidate has been mistreated by the Client
  • the working conditions are significantly different from those stated by the Client on the Client's registration form
  • the Client places unreasonable demands on the Candidate & vice-versa
  • the Client does not request  a replacement Candidate
  • the Client hires a nanny not introduced by the Agency during the 4-week replacement search
  • If the Client finds the Candidate unsuitable but still decides to keep employing the Candidate

7. INTRODUCTIONS

Educated Nannies is a nanny agency & household agency making introductions only. As such, the Agency's role is only an advisory role to the Client.

Introductions as stated in Section 1 are strictly confidential. If a Client is in breach of this clause, the Client will be liable to pay the Agency the full Agency fee.

It is agreed that the Client will immediately notify the Agency upon offer of employment to the Candidate and acceptance of employment by the Candidate.

If the Client decides to employ the nanny at a later date, the Client and the Nanny are liable to inform the Agency of the employment and the appropriate fee must be paid by the Client to the Agency.

8. REFERENCES

The Agency endeavours to check the Candidate's references thoroughly. The Agency strongly advises the Client to follow up the Candidate's references by themselves. The Agency cannot be held responsible for any inaccuracies or omissions by the Candidate. Under no circumstances, the Agency shall be held liable for any loss, damage, injury to persons or property arising directly or indirectly of any Candidate's omissions or fraudulent or negligent acts.

9. NANNY CONTRACT OF EMPLOYMENT

The Client will pay Tax and National Insurance for the Candidate(s) they have decided to employ, as a nanny cannot be self-employed. If employment is agreed on, it is understood that the Client is the Employer of the Candidate(s). Educated Nannies is not the Candidate's Employer as Educated Nannies is a nanny & household agency that only makes introductions of Candidates to Client(s).

The Client must provide the Candidate with a contract within eight weeks of employment by the Client. This is a legal obligation. Failure to do so will incur heavy fines. Additionally, by law, the Client must ensure that the Candidate has the right legal status to work. Information provided in the Business Terms and on the Agency's website with regard to legal, tax, insurance, links on the website and in Section 8 is provided on an advisory basis only. The Agency can recommend experts but the Agency is not liable for the advice provided by the said experts. For more in-depth information, please contact the relevant experts.

10. TAX & NATIONAL INSURANCE

The Agency (Educated Nannies) is not the Employer of the nanny/domestic staff. The Agency makes introductions to Clients. The responsibility of the P.A.YE. and paying NI lies with the Client/Employer, as a nanny cannot be self-employed.

11. INSURANCE

The Client must ensure to get Employers' liability insurance when they have a nanny (Candidate) working for them. This is a legal obligation.

The Client is advised to check with his/her insurance company about any matters related to employing a nanny.

The Client should check that the Candidate is covered by Public Liability Insurance.

If the Client requests the Candidate to drive their own car or the Client's car(s), the Client must ensure that the Client/Candidate has the correct level of insurance. If applicable, Candidates must also check whether they are adequately insured.

12. INTERVIEWING THE CANDIDATE(S) - EXPENSES

The Client is liable for reimbursing the Candidate for their travel expenses and further interview-related meetings with the Candidate(s).

13. NON-ENDORSEMENT / DISCLAIMER

The information and materials provided by Educated Nannies and / or referring to links and third parties are strictly for convenience. The Agency takes no responsibility for the contents and third parties' practices. The presence of any links on the Agency's website site does not mean endorsement by Educated Nannies.

14. AMENDMENTS & CHANGES

The Agency may amend/change these Terms of Business at the Agency's discretion and without prior notice for any reason whatsoever.

15. GOVERNING LAWS & JURIDICTION

These Terms of Business represent an Agreement governed by the law of England & Wales.

Printed surname of the Client ________________________________________

Printed first name of the Client _______________________________________

Client's signature: ___________________________Date: _________________