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. below) is made by the Client for a permanent position ( more than 8 week period) 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 fee in accordance with Section 2.below.
• 1.3.2 If a candidate engagement (engagement as specified in 2. below) is made by the Client for a permanent position ( more than 8 week period)  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.below.
• 1.3.3 If a candidate engagement (engagement as specified in 2 below) is made by the Client for a temporary position (less than or equal to 8 week period), 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 introduction fee for the temporary placement is payable in accordance with Section 2.below

2. Fees

2.1 Permanent and Temporary placements

For both permanent and temporary placements, 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.

• 2.1.1 Agency fees are payable by Bank transfer in GBP (£ British Pound Sterling). Clients are responsible for all corresponding fees related to Bank transfer(s).
• 2.1.2 The Agency reserves the right to alter fees by giving 7 days notice in writing of so doing.
• 2.1.3 Agency fees are payable upon engagement and are non-refundable once the candidate has accepted the offer of engagement verbally or in writing, regardless of whether contracts have been signed between the Client and the Candidate
• 2.1.4 If a candidate is put forward by Hattie’s Nannies to the Client and the Client has had previous contact with the Candidate but has not interviewed the Candidate for their nanny/other household vacancy briefed to the Agency, the agency fee will be payable in full if the Candidate is offered and accepts the Client’s job offer.

2.2 Permanent placements (bookings of more than 8 week period).

• 2.2.1 An administration fee of £100 is payable prior to the commencement of each permanent placement search being initiated by the Agency, which will be deducted from the Agency placement fee upon engagement of a Hattie’s Nannies Candidate. The administration fee is otherwise non-refundable.
• 2.2.2 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.
• 2.2.3 Agency placement fees for all permanent placements are non-refundable.
• 2.2.4 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 will automatically charge the Client a 10% surcharge on all accounts not settled within 14 days of the date of the invoice. This surcharge will also apply if the Client’s invoice is not settled prior to the Candidate’s start date.
• 2.2.5 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.
• 2.2.6 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.
• 2.2.7 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  number of hours a candidate is required to work per week.
• 2.2.8 For Permanent placements, Agency fees for nannyshare arrangements are as follows:-
  • 2.2.8.1 Where two clients register with the Agency together in search of a nanny, each Client  will be charged 50% of the relevant agency fee.
  • 2.2.8.2 Where two Clients approach the agency separately each client will be charged  the full agency fee.
  • 2.2.8.3 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.

2.3 Temporary placements (bookings of less than or equal to an 8 week period).

• 2.3.1 An administration fee of £50 is payable prior to the commencement of each temporary search being initiated by the Agency and is non-refundable (excludes Wedding and Event Nannies for which there is no administration fee)
• 2.3.2 In addition to the administration fee, agency introduction 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 within14 days of the date on the invoice submitted by the Agency.
• 2.3.3 Agency introduction fees for all temporary placements are non-refundable
• 2.3.4 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 will automatically charge the Client a 10% surcharge on all accounts not settled within 14 days of the date of the invoice. This surcharge will also apply if the Client’s invoice is not settled prior to the Candidate’s start date.
• 2.3.5 For Temporary placements, 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 fees will be given if the booking is cancelled by the Client, or if the dates booked are changed, or if the number of weeks, days or hours are subsequently reduced; this includes trial days.
• 2.3.6 If a Candidate cancels the booking prior to the start date of the booking, a replacement candidate will be offered. If a replacement candidate cannot be found, the Client will be offered a credit note of 100% of agency placement fee (excludes administration fee which is non-refundable)

2.4 Permanent and Temporary placement extensions

Extensions and re-engagement fees apply as follows:-

• 2.4.1 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). No reduction in Agency fee is applicable if the Client reduces the hours of work below the number of hours initially accepted at the engagement of the candidate
• 2.4.2 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.

In both permanent and temporary placements, the Client agrees to notify the Agency  of any extension or re-engagement.

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 /household 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 or 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 Checking the Candidate’s right to work and obtaining permission to work as may be
  required by the law of the country in which the Candidate is required to work
• 5.2.2Providing the employee with a contract of employment
• 5.2.3 Paying the wages of the employee in accordance with that contract
• 5.2.4 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.
• 5.2.5 Providing a safe working environment for the employee
• 5.2.6 Taking out insurance cover in respect of the employee whilst the employee is in the Client’s home
• 5.3  The Agency does not exclude or restrict liability for death or personal injury resulting from it’s negligence.
• 5.4  The Agency does not provide a contract of employment for use between the Client and their employee, and advises Clients to take independent legal advice on matters of contract law.

6 Our Guarantee (Applicable only to Permanent placements of more than 8 week period)

6.1 If a Candidate who has been offered and accepted 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, the Client will be eligible for one replacement search conducted over the 4 week period starting from the termination date of the placed Candidate. The Agency will endeavour to offer the Client potential Candidates subject to the conditions noted below:-

• 6.1.1      The Agency is informed within 2 days of the termination of employment or if a
  Candidate withdraws prior to their start date, the Agency is informed within 2 days of
  a candidate withdrawal.
• 6.1.2.     The relevant fee has been settled in full within 14 days of the invoice, and on all
  occasions paid prior to the start date of the Candidate if the Candidate has started prior to the 14 day payment period.
• 6.1.3      The booking has not been cancelled because of unreasonable demands by the Client
• 6.1.4      The employee has not left because of unreasonable working conditions or because of a change in the job description, contract or change in location
• 6.1.5      The Client still intends to employ a nanny/ nanny-housekeeper/ mother’s help. If the Client decides that they no longer need a nanny/ nanny-housekeeper/ mother’s help, no further Candidates will be offered .
• 6.1.6      If during the 4 week search period for a replacement candidate, the Client employs or engages an alternative third party or any other recruitment method, the search will be terminated and the Client will no longer be entitled to a replacement Candidate.
• 6.1.7      Clients must agree to meet replacement Candidates proposed by the Agency, and agree to do so within a reasonable timescale in order that a replacement Candidate can be found within the 4 week search period.
• 6.1.8     Should the Client defer or put the search for a replacement Candidate on hold, the search will be terminated and  the Client will not be entitled to any credit note or refund, strictly with the exception of a situation when a replacement search falls in the calendar month of August, during which a replacement search may not be viable due to the holiday period when Clients and/or Candidates may be on vacation. Under such circumstances, the Agency reserves the right to pause/delay the replacement search until the beginning of the month of September of the same calendar year
• 6.1.9     No replacement search will be conducted where the Client retains the services of the Candidate originally placed even though the Client considers the Candidate unsatisfactory, and the Client will not be entitled to any credit note or refund.

6.2 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, the Client will not be entitled to any credit note or refund

6.3 No guarantee is offered in terms of availability of suitable replacement candidates at the time of the replacement search.

6.4 If the Client decides not to proceed with a replacement search, the Client will not be entitled to any credit note or refund

6.5.In the event of a client cancelling the engagement offer to the replacement Candidate after the replacement Candidate has commenced work, because the Client decides that a nanny/other domestic staff role is no longer required and therefore does not require a replacement, the Client will not be entitled to any credit note or refund.

6.6 The Agency will terminate the search for a replacement Candidate after the 4 week search period ends.

6.7 If no replacement can be found within the 4 week replacement search period, the Client will be offered a credit note less an administration fee of £195, as detailed in the table below, (excluding situation when candidate is made redundant). Credit note only applies when Client complies with conditions stated in section 2.Fees and section 6. Guarantee (above)

Permanent placements only (of more than 8 week period)

* less an administration fee of £195

• 6.7.1     Credit note is valid for 12 months
• 6.7.2     No cash refund alternative is available
• 6.7.3     If the Client has received a credit note and the Candidate is re-engaged within a 6 month period from the date of termination, the credit note will be cancelled and the Client will not be entitled to a further credit note.

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

7.3  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.