Terms and Conditions
TERMS AND CONDITIONS FRENCH NANNY LONDON
These Terms and Conditions are between French Nanny Agency (hereinafter the “Agency”, incorporated in England and Wales under company registration number 8053507 as D2S concept Limited) and the employer (hereinafter the “Client”), hereinafter referred to individually as a “Party” and collectively as the “Parties”. The term “Candidate” means any person introduced by the Agency to the Client. For avoidance of doubt, no Candidate is a Party to this Contract.
These Terms and Conditions are a legally binding contract (hereinafter the “Contract”) for the Parties and must be accepted and signed before any further services can be provided.
1. Obligations of the Parties
Each Party shall act in good faith during the execution of the Contract.
1.1. Obligations of the Agency
1.1.1 The Agency will organise at least one phone call with the Client to discuss and validate all aspects of the position before advertising the role.
1.1.2 All candidates have been selected through a thorough vetting process, and will have at least 2 references and documents checked (CV, ID, relevant certificates, DBS certifications, First Aid). In the event that, for example, the DBS is in progress at the time an offer is made, the Agency shall recommend that the engagement does not commence until it is received and deemed acceptable. If the client chooses to start the engagement, this is solely the decision of the Client.
1.1.3 The Agency shall take reasonable endeavours to introduce to the Client, Candidates which the Agency considers suitable to be employed by the Client
1.1.4 The Agency takes reasonable steps to ensure that both the Candidate and the Client are aware of the requirements imposed by law to enable the Candidate to work for the Client.
1.2. Obligations of the Client
1.2.1 The client is responsible for providing a full detailed job description to the Agency.
1.2.2. The Agency confirms that no family names or contacts details will be shared to any third party, except Candidates that the Client wishes to interview. The Client agrees that the Agency shall be able to share limited details of the job descriptions to advertise vacancies on the Internet / job boards.
1.2.4 The Client agrees to inform the Agency immediately if a Candidate introduced by the Agency has already been introduced by a third party. If the Client fails to inform the Agency and the Candidate is engaged, the Client shall be liable to pay the placement fee to the Agency.
1.2.5 The Client accepts that the Agency acts only as an introduction agency for childcare placements and therefore holds no employer responsibility for any Candidate. The Client agrees to satisfy himself / herself as to the suitability of a Candidate (including but not limited to collecting ID, driving license if applicable, etc.). The client will comply with the relevant employment and tax law within the country in which the Candidate will be engaged and is responsible for ensuring that both the Client and the Candidate have the relevant insurances in place.
1.2.6 The Client has to notify immediately to the Agency any offer of employment to a Candidate incurred within 6 months of the introduction by the Agency and the Client shall be liable to pay the placement fee.
1.2.7 The Client has to notify the Agency if a Candidate placed for temporary placement remains with the Client following the period originally agreed upon with the Agency; section 2.2 below shall then apply.
1.2.8 The Client shall pay the relevant Service fees in accordance to clause 2.
2.1. Payable Fees
2.1.1 Before any introduction of Candidates, the Agency requires the payment of a non-refundable administration fee. This administration fee is fully deductible from the permanent placement fee.
2.2.2 To allow the Agency to submit the invoices, the Client shall notify the Agency immediately when a Candidate accepts either in writing or verbally a position with the Client and shall transmit a copy of the employment contract as soon as it has been agreed between the selected Candidate and the Client.
2.2.3 The placement fees are payable following oral or written acceptance of the employment offer to a Candidate.
2.2.4 Fees are payable within 7 business days from the date of the invoice submitted by the Agency. The Agency reserves the right to charge the Client a 25% surcharge on any invoice not settled in accordance with these terms and conditions. Any costs to recover the late or unpaid fees will be recharged to the Client.
2.2.5 If an offer of employment has been offered to a Candidate and accepted and the Client withdraws this offer less than 3 weeks before the beginning of the employment, the Client will be liable to pay 50% of the placement fee.
2.2. Fees Amount
2.2.1. Administration fee
The amount of the administration fee is £50 +VAT, which will be deducted from any placement fee.
No administration fee is applied in the case of a temporary daily placement or for an emergency baby-sitting placement.
2.2.2. Placement fee
The placement fee will be calculated as a percentage of the agreed net weekly salary of the Candidate multiplied by 52 weeks. For the calculation of the placement fee, the net salary used is deemed to be all taxable remuneration including any bonus or similar payment.
– For a permanent placement, full-time or part-time, the Agency charges a fee corresponding to:
o 13% of the selected Candidate’s annual net salary for a live-out position +VAT, which is 7 weeks net of salary. We are trying our best to be below market rates, as live out fees are generally 14% / 8 weeks salary and upwards.
o 14% of the selected Candidate’s annual net salary for a live-in position + VAT, , which is 8 weeks net of salary. We are trying our best to be competitive with our competition, as live in fees are generally 14% / 8 weeks salary and upwards.
– For a temporary placement, full-time or part-time, the Agency charges a fixed fee of £30 per day + VAT or £120 per week + VAT (5 working days, Monday to Friday). For long periods, the price will be discussed with the agency.
– For an emergency baby-sitting placement, the Agency charges a fixed fee of £30 +VAT for the service.
– For a placement in a school or in a nursery, the fees are 13% of the annual gross salary of the employee.
– For a part-time placement, if the selected Candidate is asked to work longer hours within 6 months, an additional fee will be charged corresponding to the difference between placement fee in the new contract and placement fee in the original contract.
– For a temporary placement extended, an additional fee shall be paid by the Client so as to reflect the placement fee for a permanent placement.
– The Client has to notify immediately to the Agency any offer of employment to a Candidate incurred within 6 months of the introduction by the Agency and the Client shall be liable to pay the placement fee.
2.2.3 Interviewing Costs
The Client should reimburse the Candidate any reasonable expenses for travel for interview, especially for live-in or au pair positions.
Trials shall be paid by the Client to the Candidate directly.
The Agency will use its best endeavor to refer qualified and suitable Candidate(s) to the Client. However, the Client remains sole responsible to employ a Candidate and the Agency does not guarantee the performance of the Candidate or the full satisfaction of the Client.
No warranty is offered in respect of the suitability, honesty, capacity or character of any Candidate introduced by the Agency. The Client is responsible to assess the suitability of a Candidate and to double check the references provided by a Candidate.
The Client understands and acknowledges that the Agency is not an agent or representative of the Candidate and that the Agency is not in any way liable for any loss, expense or injury, delay or damage the Client or any other person may suffer either directly or indirectly or incur as a result of the wrongful acts, omissions, or negligence of the Candidate or of the introduction or employment of any Candidate or from the failure to introduce a Candidate.
The Client agrees to hold the Agency and all its employees and representatives harmless from any costs or expenses arising out of any claim against the Agency, relating in any way to a Candidate’s employment.
Candidates are not employees of the Agency and the Agency is not responsible for the employment contract between the Client and the Candidate.
The Agency cannot guarantee to find a suitable Candidate available for the position.
4. Replacement Guarantee and Refund Policy
The Agency offers to the Client a 4 months warranty period meaning that if a Candidate who has been confirmed as a permanent placement with the Client either does not start employment or leaves within the first 4 months after starting employment with the Client, then a free Candidate replacement will be provided, subject to the following conditions:
– The Client has to inform the Agency within 2 days of the termination of the employment
– The Client has paid the due placement fees within the 7 business days period
– The Client has not materially changed the job description, added responsibilities or duties, or changed the work schedule or the employment location that was initially agreed by the Candidate and the Client after the selected Candidate’s started his employment with the Client
– The Client acknowledges that if the agency is made aware that the Client has tried to hire the Candidate directly, i.e without going through the Agency, the replacement and refund policy doesn’t apply
– The Client has not mistreated the Candidate and is not in breach of any UK employment law
– The Client has not been verbally or physically aggressive towards an employee of the Agency
– The Candidate did not resign or the Client did not terminate due to unreasonable demands being placed upon the Candidate by the client;
The Client gives a period of up to 6 weeks to the Agency to put forward potential replacement Candidates. The replacement has to be for the exact same role and hours as the first placement request.
The Client commits not to seek assistance of any other agency during the replacement period.
If the Agency is unable to provide the Client a suitable Candidate replacement within 6 weeks, the Agency will refund a percentage of the total fee paid as per the following schedule. We are the only French speaking nanny agency in London that offer a refund policy – and this fits with our values: being transparent and fair with our clients.
– First two weeks: Refund of 75% of the placement fee
– After two weeks and before the end of the fourth week: Refund of 50% of the placement fee
– After four weeks and before the end of the fourth month: Refund of 25% of the placement fee
– After four months: No refund
Each Party agrees not to disclose all information, whether written or oral, obtained from the other Party during communications between the Agency and the Client. The Client agrees to keep secret and not to communicate to third parties in any form whatsoever any information relating to a Candidate. The Client will be entitled to pay to the Agency the full rate and applicable fees if any placement, whether permanent or temporary, is bring about by such breaches by the Client and these Terms and Conditions will be deemed to apply for that indirect placement.
Both parties agree not to post any text or image or audio-visual material on any social network or other public place which could be hurtful, embarrassing or damaging to the other party.
6. Employment Contract, Tax and National Insurance
The Agency is an introductory agency only and does not employ any Candidates. Contract of employment between the Client and the Candidate is the Client’s responsibility; the Agency is not responsible for this employment contract.
The Agency offers an employment contract template that can be used by the Client but does not accept any responsibility or liability related to this template.
It is the responsibility of the Client to inform the Agency as soon as the employment contract is signed and to provide a signed copy to the Agency.
The Client is responsible for their employees Tax, Pension and National Insurance payment and deductions.
7. Data Protection
8. Applicable law
This Contract shall be governed by English law.
Client’s signature confirms that the Client has read this agreement thoroughly, clearly understands it, and accepts and agrees to all the terms and conditions.
French Nanny London is a recruitment agency specialised in placing French speaking nannies. We collect customers, prospects and candidates details in our systems (name, email address, phone number, information about your search). Please let us know if you wish us to remove or change your details at firstname.lastname@example.org.
We will use your data to work in our duty as a recruitment agency, to be able to register you at the agency, to introduce candidates/ clients to you and to advertise your role / profile. We might send you marketing communication about our services. If you wish to opt out, please do send us an email. We will never sell your data.
You are allowed to request access, request correction or request transfer. right to withdraw consent. We retain your data according to the GDPR regulations and for the sole use of our business services.
We comply with the GDPR rules. For any issues, you can complain to the Information Commissioner’s Office (ICO).