Families

1. Contract and Consumer Rights

1.1 These terms and conditions shall represent a legally binding contract between the client or employer (the “Client”) and Marketing and Business Services trading as Hattie’s Nannies (“the Agency”). The verbal or written instruction by the Client to Hattie’s to submit suitable Candidates for contact or interview shall constitute acceptance by the Client of these terms and conditions.
The term “Candidate” means a person introduced by the Agency in any capacity.

1.2 In accordance with the Consumer Rights Act 2015 and the consumer Contracts Regulations
2013, the Client has the right to cancel services of Hattie’s Nannies within 14 days of the contract becoming binding (clause 1.1). The 14 day period is known as the “cancellation period”

• 1.2.1 To exercise the right to cancel, the Client must inform the Agency of their decision to cancel in writing via email or postal letter (registered post)

1.3 If the Client requires the Agency to provide services sooner than 14 days, for example if the client requires a candidate to start within the 14 days from the date the contract is binding (1.1) and the Client cancels within the 14 day period, the following will apply:-

• 1.3.1 If a candidate engagement (engagement as specified in 2.1 below) is made by the Client for a permanent position and the Client cancels the engagement during the 14 day cancellation period and before the candidate commences work, the Client is required to pay the Agency cancellation fee in accordance with Section 2.2 below.
• 1.3.2 1 If a candidate engagement (engagement as specified in 2.1 below) is made by the Client for a permanent position and the candidate has commenced work during the 14 day cancellation period, and the Client cancels the engagement during the 14 day cancellation period as a Nanny is no longer required, the Client is required to pay the full Agency placement fee in accordance with Section 2.3 below.
• 1.3.3 If a candidate engagement (engagement as specified in 2.1 below) is made by the Client for a temporary placement, regardless of whether the candidate has commenced work or not, and the Client cancels the engagement during the 14 day cancellation period, the full Agency placement fee for the temporary placement is payable in accordance with Section 2.6 below

2. Fees

2.1 An engagement takes place when a Candidate has accepted, either verbally or in writing, a position offered by the Client, and is irrespective of the date on which the client and candidate agree their Contract of Employment, and irrespective of the start date of the candidate. It is the responsibility of the Client to notify the Agency if a Candidate has been engaged if the offer was made directly by the Client and not via the Agency.
Permanent placement fees (bookings longer than a 12 week period). An administration fee of £100 is payable prior to the commencement of each permanent placement search being initiated by the agency, which is refundable against agency placement fee upon engagement of a Hattie’s Nannies candidate. The administration fee is otherwise non-refundable.
Placement fees are payable upon engagement, irrespective of the date on which the client and candidate agree their Contract of Employment, and irrespective of the start date of the candidate, even if the starting date is at a later specified time, and must be paid within 14 days of the date on the invoice submitted by the Agency. If the client requires a start date prior to the 14 day payment period, the invoice must be settled prior to the candidate’s start date, start date meaning candidate’s first day of work with the client. The Agency reserves the right to charge the Client a 20% surcharge on all accounts not settled within 14 days of the date of the invoice.
Temporary placement fees (bookings for less than or equal to a 12 week period). An administration fee of £50 is payable prior to the commencement of each temporary placement search being initiated by the agency and is non-refundable (excludes Wedding and Event Nannies for which there is no administration fee) In addition to the administration fee, placement fees are payable on booking, even if the start date is at a later specified time and at all times must be paid prior to the candidate’s start date; start date meaning candidate’s first day of work with the client, and are non-refundable except if the booked candidate cancels the booking prior to the start date of the booking. The Agency reserves the right to charge the Client a 20% surcharge on all accounts not settled within 14 days of the date of the invoice.

2.2 For Permanent placements, in the event of the Client cancelling the engagement offer prior to the Candidate’s commencement of employment (regardless of whether contracts of employment are agreed or not between the Client and Candidate), the agency fee is payable in full.

2.3 For Permanent placements, in the event of a client cancelling the engagement offer after the Nanny has commenced work, because the client decides that a nanny is no longer required and therefore does not require a replacement, the agency fee is required to be settled in full.

2.4 For Permanent placements, Agency fees are based on the maximum number of hours per week for which a Candidate is required to work. If the number of hours per week differs during the year (for example if hours differ on a week to week basis, or if term-time hours and school holiday hours are different) the agency fee will be calculated based on the maximum (not minimum) number of hours a candidate is required to work per week.

2.5 For Permanent placements, Agency fees for nannyshare arrangements are as follows:-

• 2. 5.1 Where two clients register with the agency together in search of a nanny, each client will be charged 50% of the relevant agency fee.
• 2.5.2 Where two clients approach the agency separately each client will be charged the full agency fee.
• 2.5.3 If the agency introduces two clients seeking a nannyshare, but do not employ a nanny through the agency, then 25% of the agency fee will be charged to each client.

2.6 For Temporary placements, and unless otherwise agreed, the relevant Agency fee is based on the number of weeks or days or hours or nights initially requested. No refund or reduction from the Agency’s current rate will be given if the booking is cancelled, or if the dates booked are changed, or if the number of weeks, days or hours are subsequently reduced; this includes trial days.

2.7 For Temporary placements of less than a 4 “full-week” booking of consecutive weeks (full week meaning Mon- Fri), arrangement of interviews are charged at £15 per interview, payable in advance of the interview being arranged by the Agency.

2.8 Extensions and re-engagement fees apply as follows:

• 2.8.1 In the case of a permanent placement having their working hours extended within 18 months of the start date of their contract, the relevant supplementary fee is payable (supplementary fee being the difference between the original placement fee and the placement fee due for the increased number of hours at the time the extended hours are agreed).
• 2.8.2 If a temporary placement is extended, or the temporary candidate is re-engaged
  at a later date, the client is required to pay the additional temporary or permanent placement fee, depending on whether the candidate is offered an additional temporary or permanent placement.

3. Confidentiality

3.1 All communication, whether written or oral or however communicated, shall remain confidential between the parties. However, any information given by the Client to the Agency is given with the knowledge that it may be passed on to the Candidate in the interests of providing effective service.

3.2 Should the Client pass on any information including, inter alia, details of Candidates, or recommend a Candidate to a third party, resulting in a booking of temporary or permanent childcare employment, the Client will be liable for the full relevant fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly

4. Introduction by Third Parties

It is the obligation of the Client to inform the Agency in advance, of any candidates who they are already in communication with regarding their Nanny/other childcare vacancy, prior to viewing any CV’s from the Agency (including internet based contacts and all other Third Parties). Any candidates submitted by the Agency after this, will result in the presumption that the Agency effected the introduction and the relevant fee will become payable. Failure to inform the agency in advance will result in the presumption that the Agency effected the introduction and the relevant fee will become payable.

5. Liability

5.1 The Agency endeavours to provide the Client with only the most suitable Candidates. However, the final decision to employ a Candidate is the sole responsibility of the Client. The Agency does not accept any liability for any kind of inconvenience, loss or damage however 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 suitability, honesty, capability, health o character of any Candidate introduced by the Agency and employed by the Client.

5.2 Candidates are not under the employment of the Agency at any time. The Client is responsible for:

• 5.2.1 Providing the employee with a contract of employment
• 5.2.2 Paying the wages of the employee in accordance with that contract
• 5.2.3 Payment of the Tax and National Insurance in respect of the employment of the employee, and making any pension contributions that are required by UK law.
• 5.2.4 Providing a safe working environment for the employee
• 5.2.5 Taking out insurance cover in respect of the employee whilst the employee is in the Client’s
  home

6. Our Guarantee

6.1 If a Candidate who has been confirmed a permanent placement with the Client either does not start employment, has their employment terminated in writing within 4 weeks or leaves within 4 weeks of starting employment with the Client, then one replacement will be placed with the Client subject to the following conditions:

6.3 No refund is given for temporary placements, except when the candidate cancels the engagement prior to commencement of employment.

6.4 No refund will be given where the Client retains the services of a Candidate even though the Client considers the Candidate unsatisfactory

6.5 If the Client agrees a candidate replacement, and the replacement candidate is employed for a lower number of hours than the candidate who is being replaced, there will be no part-refund on placement fee.

6.6 In the event of the Client cancelling the engagement offer to the replacement Nanny priorto the Candidate’s commencement of employment no refund will be provided on theoriginal placement fee.

6.7 In the event of a client cancelling the engagement offer to the replacement Nanny after the Nanny has commenced work, because the client decides that a nanny is no longer required and therefore does not require a replacement, the client will not be entitled to any refund.

7. General

7.1 This Contract shall be construed in accordance with and governed by the laws of England and Wales and the Client agrees to commit to the exclusive jurisdiction of the Courts of England and Wales..

7.2 Data Protection. In line with the General Data Protection Regulation (known as GDPR), and the Data Protection Act 2018, the Client agrees to the Agency’s Privacy Notice which is detailed on Hattie’s Nannies Website : www.hattiesnannies.co.uk

• 7.2.1 The Agency may contact the Client from time to time including to inform them about new services, or other, unless the Client has informed the Agency that they do not wish to receive any such communication.