Terms & Conditions of Business
of Worldwide Nanny Limited
The following expressions shall have the following meanings:
1.1 “Agent” means the Worldwide Nanny Limited (Company number 10362556), whose registered office is at 130 Old Street, London EC1V 9BD, England;
1.2 “Client” means any person who purchases Services from the Agent;
1.3 “Registration Form” means a booking document, letter of engagement, application form, quotation or other written instruction describing the agency Services;
1.4 “Services” means the agency services as described in the Registration Form;
1.5 “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 Agent;
1.6 “Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Terms and Conditions;
1.7 “Candidate” means any nanny, mother’s help, maternity nurse or other child care professional requested;
1.8 “Arbitrator” is the party nominated to resolve a dispute between the Agent and the Client.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Agent to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Agent.
2.3 These Terms and Conditions shall be attached to any Registration Form and signed and returned to the Agent by the Client.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3 REGISTRATION FORM
3.1 The Registration Form is attached to these Terms and Conditions.
3.2 The Registration Form must be accepted by the Client in its entirety.
3.3 The Agreement between the Agent and the Client, incorporating these Terms and Conditions, shall only come into force when the Agent confirms acceptance in writing to the Client.
4.1 The Services are as described in the Registration Form.
4.2 Any variation to the Services must be agreed by the Agent in writing.
4.3 The Services shall commence on the date specified on the Registration Form and continue until terminated by either party giving not less than 15 days notice in writing or unless terminated according to the terms of this Agreement.
4.4 Dates given for the commencement of the Services are estimates only and not guaranteed. Time for commencement shall not be of the essence of the Agreement and the Agent shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
5 PRICE AND PAYMENT
5.1 The price for Services is as specified in the Registration Form and is exclusive of VAT which will be charged at the prevailing rate, where appropriate. All payments must be in UK pounds sterling unless otherwise agreed in writing with Worldwide Nanny Ltd. The amount of the agency fee will be determined depending on the type of employment as follows:
5.1.1 Registration/Admin Fee (this fee is due prior to introduction of our candidates):
- UK based positions: £50.00 + VAT
- Overseas positions: £200.00 + VAT if applicable
5.1.2 Permanent placements:
- UK Based permanent placements live in or live out: 8 weeks’ net salary + VAT
- Overseas permanent placements live in or live out: 8 weeks’ net salary (VAT may apply depending on the country where the placement is made)
5.1.3 Temporary Placements:
- Uk based temporary placement live in or live out: £150.00 + VAT per week (4 weeks minimum)
- Overseas temporary placements: £200.00 + VAT if applicable per week (4 weeks minimum)
Worldwide Nanny placement fees must be payable in full prior to commencement of candidates. May the candidate be required to work in an Overseas based position, the placement fees must be settled in full before the candidate’s departure.
5.1.4 Trial Fees:
- UK based positions: £30.00 + VAT per day (2 days maximum)
- Overseas position: £200.00 + VAT if applicable per week (1 week maximum)
5.2 If the fees paid relate to a temporary placement of a Candidate who then becomes a permanent employee of the Client within one week from the date of termination of the temporary placement the Client shall pay the difference between the temporary and permanent placement fees at the time of the change in employment status.
5.3 The terms for payment are as specified in the Registration Form.
5.4 Fees relating to the cancellation of any bookings are as specified in the Registration Form.
5.5 The Client must settle all payments for Services within a week from the invoice date and before the candidates. Worldwide Nanny Ltd placement fees must be payable in full prior to commencement of candidates. May the candidate be required to work in an Overseas based position, the placement fees must be settled in full before the candidate’s departure.
5.6 The Client will pay interest on all late payments at a rate of 25%.
5.7 The Agent is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Agent is late.
5.8 The Client is not entitled to withhold any monies due to the Agent.
5.9 The Agent is entitled to vary the price to take account of:
5.9.1 any additional Services requested by the Client which were not included in the original Registration Form;
5.9.2 any reasonable increase in fee rates, if applicable;
and any variation must be intimated to the Client in writing by the Agent.
6 CLIENT OBLIGATIONS
6.1 The Client agrees to cooperate with the Agent as may be required.
6.2 The Client shall provide full details to the Agent of the work required of the Candidate.
6.3 The Client shall notify the Agent immediately should it choose to engage a Candidate introduced by the Agent.
6.4 The Client agrees to pay the appropriate fee as described in the Registration Form on the placement of a requested Candidate.
6.5 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 within six months of the Candidate’s introduction to the Client by the Agent, 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 the Registration Form for permanent placements.
6.6 The Client is responsible for the employment of the Candidate including the contract of employment.
6.7 The Client shall provide the Agent with a copy of the employment contract between the Candidate and the Client.
6.8 The Client is responsible for any deductions of tax or National Insurance from the Candidate.
6.9 The Client is responsible for obtaining any medical certificates, work permits or other approvals necessary for the Candidate prior the commencement of employment.
7 AGENT OBLIGATIONS
7.1 The Agent shall supply the Services as specified in the Registration Form.
7.2 The Agent 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.
7.3 The Agent will take all reasonable steps to introduce Candidates who are of sound character, honest and reliable but cannot be held responsible for the conduct of a Candidate.
7.4 The Agent shall keep a copy of the employment contract between the Client and the Candidate on file.
7.5 The Agent shall obtain references from each Candidate but the Client must satisfy themselves as to the ultimate suitability of a Candidate.
8.1 Worldwide Nanny offer a 6 months replacement guarantee for all our positions except for temporary placements. Worldwide Nanny will provide a minimum of 5 candidates to fill the replacement.
8.2 The Agency shall only be obliged to provide to the Client a maximum of 6 candidate profiles for the replacement based on the information originally provided in the Client registration form.
8.3 A replacement shall apply only if the final invoice has been paid in full and when due by the client.
8.4 No replacement shall be provided if the Candidate left employment due to a change in the job description, location or working hours originally agreed
8.5 No replacement shall apply if the Candidate left employment because the Client was physically or verbally aggressive towards the Candidate.
9.1 If a Candidate engaged in permanent employment by the Client does not remain in the Client’s employment for 14 days or has their employment terminated by the Client within 14 days after the initial date of registration with Worldwide Nanny, the Agent will provide a refund of any placement fee, if the following conditions are met:-
9.1.1 The Client notifies the Agent within 14 days after the Registration with Worldwide Nanny Ltd (cooling off period) of the Candidate’s termination;
9.1.2 The Client has paid the appropriate placement fee;
9.1.3 The Client has not changed any of the original requirements for the Candidate as specified in the Registration Form;
9.1.4 The Candidate did not resign due to unreasonable demands placed upon them by the Client;
9.1.5 The Client’s intention to employ a Candidate remains;
9.1.6 The Client has given the Agent a reasonable period to recruit a suitable replacement Candidate to be engaged by the Client for the same requirements as specified in the original Registration Form.
9.2 If the Client has not met the conditions as stated in Condition 8.1 of these Terms and Conditions they remain responsible for full payment of the initial placement fee.
9.3 All refunds are subject to an administration fee of 30% of the permanent/temporary placement fee.
The Agreement shall continue until the Services have been provided in terms of the Registration Form 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.
11.1 Any dispute arising under this Agreement will be referred to and decided by the Arbitrator.
11.2 The Arbitrator will be appointed by application to relevant body.
11.3 A party wishing to refer a dispute to the Arbitrator shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to the Arbitrator within seven (7) days of this intention being intimated.
11.4 The Arbitrator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Arbitrator must reach a decision within twenty eight (28) days of referral or such longer period as the parties may agree.
11.5 During the period of arbitration both parties must continue with their obligations as stated in this Agreement.
11.6 The decision of the Arbitrator is binding on both parties unless and until revised by legal proceedings or agreement by both parties.
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13 LIMITATION OF LIABILITY
13.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury, however the Agent 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 Agent in the insurance year in which the Clients claim is first notified.
13.2 The Agent 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 Agent.
The Client shall indemnify the Agent against all claims, costs and expenses which the Agent may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.
17 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Registration Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
21 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22 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.