1.1 These Terms and Conditions shall represent a legally binding contract between Excellent Nanny And Estate Staffing (”the Agency”) and the parent(s) (”the Client”), covering the consulting service and the placement of the ”Candidate”. The Agency specializes in placing nannies, maternity nurses, maternity nannies, governesses, tutors, housekeepers, domestic couples, butlers, chefs, house managers, estate managers, drivers, personal assistants and providing consultancy services to families.
1.2 The Client acknowledges and agrees that the Candidate, once accepted by the Client, is employed by the Client and not by the Agency. Any legal relationship which results is between the Client and the Candidate, and the Agency suggests that the Client seek legal advice as to their obligations under these Terms and Conditions to the Agency and their obligations to the Candidate. The Agency does not employ any of the Candidates directly or indirectly. Candidates are introduced to Clients and they will be always employed by the Client, unless the Candidate is self-employed (this only applies to maternity nurses, a standard nanny cannot be self employed). Candidates shall be under the supervision, direction and control of the Client.
1.3 The Client, or the Client’s appointed agent, must complete the online Family Registration Form to be accepted as client. If this is not possible, he/she needs to sign the Terms and Conditions and return them to the Agency, before they are accepted and taken on our books. If registering online, filling the online registration form constitutes confirmation of acceptance of the Agency’s Terms & Conditions.
1.4 The verbal or written instructions by the Client, or the Client’s appointed agent, to the Agency to submit suitable Candidate for placement with the Client constitutes acceptance of these Agency’s Terms and Conditions by the Client.
1.5 Both the Agency and the Client shall not, whether on their own behalf or in any capacity for any other person, firm or company, use or disclose to anyone any information of a confidential nature relating to the other (or to any of the other’s associated companies) or to the other’s affairs or conduct of the other. Any information received by the Agency will be treated confidentially and will remain the property of the Agency. The Agency agrees not to provide this information to third parties, other than any prospective Candidates.
1.6 The Agency endeavors to provide the Client with Candidates as well suited to the Family Profile as possible. The Agency agrees to provide the Client with all relevant information concerning the Candidate and will check the Candidate’s details, documentation and references. However, the final responsibility for any decision to employ the Candidate rests with the Client. The Agency strongly advises the Client to check details, documentation and references itself. As further detailed in clause 5.2, the Client is responsible for obtaining any visas which are necessary for the Candidate.
1.7 These Terms and Conditions represent the entire understanding between the parties and supersede all previous agreements and representations (including, but not limited to any statements made on the Agency’s website) made by or between the parties whether oral or written.
1.8 No term of these Terms and Conditions are intended for the benefit of any third party and the parties do not intend that these Terms and Conditions should be enforceable by a third party, either under the Contacts (Rights of Third Parties) Act 1999, or otherwise.
1.9 The headings in these Conditions are for convenience only and shall not affect the construction of these Terms and Conditions.
1.10 The Agency reserves the right to change or add to the above Terms and Conditions without prior notification, however all changes will be posted on this website. It’s your responsibility to check these Terms and Conditions in case there are any changes. Continuing to use the site and our services after a change has been made is your acceptance of the changes.
2.1 The Agency’s Current Scale of Charges for the placement of a Candidate (Placement Fee) are:
2.2 All fees are exclusive
2.3 The Placement Fee becomes payable when a Candidate introduced by us accepts an Offer by the Client or the Client accepts a Counter-offer by a Candidate.
2.4 The Placement Fee will be calculated on the highest amount of the Annual Net Salary provided in any Offer or Counter-offer, regardless of the final terms formalized between the Client and the Candidate.
2.5 For the purposes of this section 2, “Offer,” “Counter-offer” and “Acceptance” means any offer, counter-offer or acceptance of terms relating to a placement of a Candidate with the Client expressed in whatever form including, without limitation, oral, email, WhatsApp (or other social media), and voicemail and whether or not made subject to the parties entering into a formal or legally binding agreement.
2.6 It is the responsibility of the Client to present a written contract to the Candidate before the starting day, if the Client wants the Candidate to sign it.
2.7 Payment in full of the Placement Fee is required before the Candidate can commence working with the Client.
2.8 If the Client changes the terms of the placement (including, without limitation, the level of overall remuneration or the hours of work) after: (i) a search was carried by the Agency under different terms or criteria and (ii) the Candidate has accepted an Offer and if the Candidate refused to accept the amended terms or criteria of the new Offer, the Agency will have no liabilities for the refusal of the Candidate to accepting the new Offer and the Placement Fee, calculated on the original Offer, will have to be paid by the Client in any event.
2.9 “Annual Salary” means for the purposes of the calculation of the Placement Fees the total of all the amounts referred to in this section whether they are paid or payable, directly or indirectly by or on behalf of the Client or any Connected Party of the Client to a Candidate or any Connected Party of the Candidate in the course of the first year of engagement of the Candidate and namely: any salary, wage, fee, remuneration, compensation, gratuity, reward, emolument, earnings, incentive, retainer, bonus, extra hours (if part-time), accommodation or holiday cost, any pension contribution (including without limitation any payment for annuities), any insurance or assurance premiums the benefits of which insurance include the payment of any financial sums or benefit, including premiums for life assurance, permanent health insurance, injury or personal accident insurance; and any payment of other sum or benefit in kind which the Candidate would not have received or be entitled to receive if it were not for his/her involvement with the Client.
2.10 “Connected Party” in relation to a Client or a Candidate means:
(i) any family member, dependent, civil partner or cohabited of that Client/Candidate, where family member shall mean, in relation to that Client/Candidate:
(A) a spouse or civil partner or any other person living with that Client/Candidate in an enduring family relationship;
(B) children or step-children;
(C) siblings; and
(ii) any employee or agent or representative acting on behalf of that Client/Candidate,
(iii) any body corporate in relation to which any of the categories of person referred to sub- paragraphs (i) and (ii) above is:
(A) interested in shares comprised in the equity share capital of that body corporate of a nominal value equal to at least 10% of that share capital; or
(B) entitled to exercise or control the exercise of more than 10% of the voting power at any general meeting of that body; and
(iv) any company, trust, partnership, or other body, organization or mechanism established or operating directly or indirectly in whole or in part for the benefit of or in respect of any or all of the categories of person referred to in this section.
2.11 The Client agrees to co-operate fully with the Agency in connection with any reasonable query relating to the assessment of the Annual Net Salary and to provide promptly at the request of the Agency copies all relevant documents and correspondence relating to any Offer, Counter-offer and Acceptance of a placement.
2.12 All Placement Fees are payable by bank transfer or by credit card to the Agency on the acceptance of the placement of the Candidate or within seven days from the date of invoice. Full payment is required before the Candidate commences work with the Client. A surcharge of 30% will be added to all fees not settled after 7 days of the invoice date. The Candidate will not commence employment prior to full settlement of the invoice. The Client will be held responsible for bypassing the agency in cases where the Client failed to inform the agency about the start of employment as mentioned in section 3.2 of these Terms and Conditions.
2.13 All invoices not settled within 30 days from the invoice date will be passed to the Debt collector which will result in additional charges.
2.14 The Client shall pay to the Candidate reasonable traveling expenses for the Candidates attending the interview with the Client. The expenses to be paid by the Client are subject to agreement by both parties before the Candidate attends the interview with the Client.
2.15 The Current Scale of Charges is subject to amendment and variation by the Agency. Any change to the Current Scale of Charges will be advised to the Client in writing.
2.16 Under no circumstances is the Placement Fee refundable after the client has approved the Candidate, the Candidate has accepted the offer of engagement with the Client and the Candidate is due to start or has started the engagement. Acceptance of an offer doesn’t imply the signing of a contract, it is enough that the parties agreed and that they confirmed their will to the Agency, over the telephone or by email. Please refer to the “Replacement” section of these Terms and Conditions (clauses 6.1 to 6.6).
2.17 If another Agency sends the same profile of a candidate already sent by our Agency and if the Client wants to hire that specific Candidate, the Client has to pay the Placement Fee to our Agency as the effective cause of the placement and therefore who is entitled to the placement fee is the party who sends the profile first after having obtained the Candidate’s permission to release her details to that specific Client for that specific vacancy.
3.1 If the Client wants to extend any placement of a Candidate for a further period of time, the Client must pay the Agency an additional Placement Fee in order to pay the Full Agency Placement Fee, that is calculated on minimum 52 weeks. If the Client wants to extend the working hours of a Candidate, the Client must pay the Agency an additional Placement Fee.
3.2 If the Client extends any placement of a Candidate without declaring it to the Agency with the intention of bypassing the additional agency fees, the Client must pay the Agency an additional Placement Fee in order to pay the full Agency Placement Fee plus 30% penalty surcharge.
3.3 If the Client converts a part-time placement of a Candidate into a full-time placement (legally or ‘cash in hand’ using the ‘escamotage’ of paying her extra hours) without declaring it to the Agency, with the intention of bypassing the additional agency fees, the Client must pay the Agency an additional Placement Fee in order to pay the full Agency Placement Fee plus 30% penalty surcharge.
3.4 If one of our Candidates is solicited to work for the client with the intention of bypassing the agency fees – in the event where the Client does not hire a Candidate following the initial introduction by the Agency (meaning: profile of the candidate sent by email and/or interview set up but cancelled, and/or interview done, etc.) but approaches the Candidate directly -not through our Agency offering the employment, even only a trial or a part-time or temporary or a ‘cash in hand’ job, then the Client shall be liable to pay the full Agency Placement Fee plus 50% penalty surcharge.
3.5 If the Client approaches one of the Candidates already introduced by our Agency because another Agency sends through the same Candidate, the Client has to contact our Agency and pay the full Agency Placement Fee if he/she wants to hire that Candidate. The first Agency that presents a Candidate is the one that is entitled of the Placement Fee, even if the first introduction happened months or years before. If the Client approaches the Candidate through the other Agency and hires her, then the Client shall be liable to pay our full Agency Placement Fee plus 30% penalty surcharge.
CANCELLATION OF BOOKING
4.1 We will charge a cancellation fee equal to 25% of the full Placement Fee or two week’s remuneration, whichever is the greater, if you withdraw an offer of engagement made to a candidate before the candidate has accepted the offer.
4.2 We will charge a cancellation fee equal to 50% of the full Placement Fee or four week’s remuneration, whichever is the greater, if you withdraw an offer of engagement made to a candidate after the candidate has accepted the offer but before the candidate agreed start date.
4.3 We will charge a cancellation fee equal to 100% of the full Placement Fee if you terminate the engagement with a candidate after the candidate has accepted the offer and his/her agreed start date.
RESPONSIBILITIES OF THE CLIENT
5.1 The Client shall specify their exact requirements and expectations of the Candidate and provide full details of the type of work and period of employment for which the Candidate is required.
5.2 The Client, with reasonable co operation from the Candidate, is responsible for obtaining all necessary work permits or visas where necessary. It is not the responsibility of the Agency. Any information provided by the Agency regarding visas and work permits is purely for information purposes and the Agency cannot accept responsibility if this information is incorrect or is no longer applicable.
5.3 The Client is responsible for arranging any appropriate medical examination of the Candidate and for checking the medical history of the Candidate.
5.4 The Client agrees to notify the Agency immediately when a Candidate has accepted employment with them and to supply details to the Agency of the date of commencement and length of employment and agreed salary. The Agency will verify the information provided by the Client with the Candidate.
5.5 If the Client has to delay the commencement of the employment of the Candidate (for example because of the birth of a baby later than expected) then the Client shall be liable to pay the Candidate the full agreed weekly salary from the agreed date to the date of actual commencement.
5.6 The Client has to follow all legal obligations
5.7 The Client cannot introduce, directly or indirectly, a Candidate (whether prospective Candidate or one employed by the Client) to any third party.
6.1 The provisions of clause 6.2, 6.3 and 6.4 are conditional upon the Client having paid the appropriate Placement Fee and any other charges under this agreement in full to the Agency, within 7 days of receipt or prior to the commencement of employment of the Candidate; the working conditions and original job specification must have not changed and the Client must not be in violation of the Agency Terms and Conditions.
6.2 Subject to clause 6.1, if the Candidate cancels an accepted placement prior to the commencement date with the Client, the Agency agrees to provide a substitute Candidate of similar qualifications, not identical as it might be impossible. No refund is provided.
6.3 The Agency fees are non-refundable. In case of a permanent position, subject to clause 6.1, if the employment relationship between the Candidate and the Client is terminated during the first 12 weeks, the Agency must be notified by the Client in writing within 5 days of the date, or proposed date, of the Candidate leaving. A substitute Candidate will be supplied with a similar profile as requested on the Client Application Form, at no extra charge to the Client. If the Candidate employment is terminated by the Client after the initial 4 week period, the Agency is not obligated to the Client to present further Candidates without further charge. In case of a temporary position subject to clause 6.1, if the employment relationship between the Candidate and the Client is terminated during the first 2 weeks, the Agency must be notified by the Client in writing within 5 days of the date, or proposed date, of the Candidate leaving. A substitute Candidate will be supplied with a similar profile as requested on the Client Application Form, at no extra charge to the Client. If the Candidate employment is terminated by the Client after the initial 1 week period, the Agency is not obligated to the Client to present further Candidates without further charge.
6.4 Notwithstanding clause 6.3 above, if the Candidate terminates employment with the Client within twelve weeks of his/her commencement date, the Agency will present one replacement Candidate subject to the conditions in clause 6.1. Thereafter the Agency is no longer obligated to the Client to present any further Candidates.
6.5 If the Candidate terminates their employment contract with the Client at any time because the Client has breached the terms contained in the employment contract between the Client and the Candidate or has violated corresponding labour and/or civil /federal laws (including but not limited to, violence against children, violence against the Candidate, insulting or threatening the Candidate), or has provided an unsafe or hazardous work environment, the Agency will not be held responsible for the acts or omissions of the Candidate and will not provide the Client with a replacement Candidate.
6.6 The Agency fees are non-refundable. In case of a permanent position, should the Candidate leave the employment within 12 weeks from commencing such employment including trial period if one was requested, the Agency will offer replacement Candidates free of charge. The Agency shall be obliged to provide the Client with up to 3 candidate profiles for replacement. Such profiles will be selected based on the information originally provided in the Client’s registration form and will be provided within 3 months of notification. The agency accepts no liability and is not obliged to offer a Replacement or any refund if the Client finds the portfolios unacceptable and does not want to engage any of the potential Candidates.
6.7 The Agency fees are non-refundable. In case of a temporary position, should the Candidate leave the employment within 2 weeks from commencing such employment including trial period if one was requested, the Agency will offer replacement Candidates free of charge. The Agency shall be obliged to provide the Client with up to 1 candidate profile for replacement. Such profile will be selected based on the information originally provided in the Client’s registration form and will be provided within 1 months of notification. The agency accepts no liability and is not obliged to offer a Replacement or any refund if the Client finds the portfolios unacceptable and does not want to engage any of the potential Candidates.
6.8 The free replacement search will be terminated by the Agency after 3 months from the opening day in case the Client won’t be proactive in contacting the candidates and/or in getting in touch with the Agency giving a feed-back on the profiles sent. The Agency is not responsible if the Client will lose the candidates because the Client is not contacting them in a reasonable short period of time. The Client acknowledges that there is a high competition in the domestic staff market, where private families and private offices are constantly and actively looking for qualified staff.
6.9 The Agency will offer replacements only if the following conditions have been satisfied:
– The Client has paid for the placement fee in full within seven days from the invoice date and prior to the Candidate’s start of employment.
– The Client has notified the Agency of the termination of employment of a candidate in writing within 7 days of termination.
– The Candidate has not cancelled the engagement due to unreasonable requirements or incorrect behavior by the Client.
– The Client has not changed the employment conditions, such as working hours, location of employment and duties as originally agreed by the Candidate and Client in the contract.
– The Candidate’s working conditions, including the adequate and sanitary acceptable living conditions in case of live in positions, and/or the way the Client treated the Candidate were satisfactory. Excellent Nanny And Estate Staffing Agency’s decision will be final in this respect.
– The Client was not physically or verbally aggressive towards the Candidate or Agency’s representative.
– The Client followed her legal obligations, such as registration with HMRC, paid for Candidate’s taxes and NI contributions (proof must be provided- e.g. Candidate’s last pay-slip , paid for Candidate’s deposit in case of hiring a self employed maternity nurse.
– The Client paid the candidate, for all the hours worked.
– The Client was offering the candidate a market-related salary based on the experience of the candidate. If the Client found a first candidate who accepted a salary lower than a market-related salary, the Agency is not responsible if any other candidate will apply for the role to replace her at the same low salary. The Agency can only present candidates who are accepting market-related salaries.
– The Contract was agreed without any discount. All Clients that negotiated a discounted fee are not eligible for free replacement Candidate. (20% discount for returning clients does not fall under this).
6.10 Should the Candidate leave after 12 weeks of employment (including the trail period), the Agency will guarantee a 30% discount for finding a new Candidate should the client wish to continue the search with the Agency.
6.11 Please note that once the Client advises the agency to look for a replacement Candidate and then finds a new Candidate via another source, the Agency will not offer any further replacements.
6.12 There is NO Free Replacement for Trials.
6.13 There is NO Free Replacement for a Free Replacement already done.
7.1 The Agency cannot be under any circumstances held responsible and excludes liability for any loss, damage, delay, inconvenience, problems, death, injuries or accidents incurred or suffered by the Client, the Clients family, servants, or the Client’s assets caused directly or indirectly during employment or introduction of the Candidate allegedly arising from the acts or character of the Candidate introduced by the Agency, or, to the extent permitted by law, in respect of services provided by the Agency, even if such act or omission is negligent or fraudulent or reveals any dishonesty.
7.2 The Agency’s liability under or in connection with these Terms and Conditions, howsoever that liability arises (including, without limitation, a liability arising by breach of contract, arising by tort, including, without limitation, the tort of negligence or arising by breach of statutory duty), shall be limited to the Placement Fee paid by the Client, provided that this clause.
7.3 The Agency does not employ the Candidates introduced and any Contracts of Employment entered into between the Client and the Candidate are between those persons directly. The Client is responsible for complying with all employment, taxation, fiscal and other relevant legislation in their respective country as well as the civil and criminal laws of their state and country. The Agency is not responsible for any non-compliance the Client or the Candidate or for any other loss which it is not permitted to exclude under law such as negligence and/or willful misconduct.
7.4 The Agency cannot guarantee that a Candidate will complete his or her proposed length of stay or engagement with the Client.
7.5 The Agency will not supply a replacement Candidate (or give any future discounts) if the Client has been in breach of any of the Agency’s Terms and Conditions. Neither will any replacement or refund apply if the Client changes the specifications of the position after the original placement has been made.
8.1 No replacement Candidate will be provided by the Agency if statements in the Family Profile Registration Form prove untrue and/or the conditions undertaken are not adhered to. The Agency will terminate its relationship with the Client should they find that the Client is in breach of any of the Agency’s Terms and Conditions.
8.2 The Client who registers with the Agency accepts to lose the right to cancel the contract with the Agency and to ask any refund within 14 days from the day the Client submits the Client Registration Form on line if the placement has already been made by the Agency. This acceptance is necessary as the Client is asking for a search to start immediately. If no placement has been made and no fee has been paid to the Agency, then the Client has the right to cancel the contract writing an email to the Agency.
9.1 These terms of business are covered by law and all disputes arising out or in connection therewith shall be subject to the jurisdiction of the courts.
RIGHT TO CANCEL
If you are a consumer you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise your right to cancel, you must inform us [PLEASE ADD, NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
Subject to the wording in bold below if you, as a consumer, cancel this contract, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you have requested that we begin the performance of the services (for example if you request us to commence immediately the search for a suitable candidate) during the “cancellation period”, you shall be liable to pay us an amount which is in proportion to the services that have been performed to the date on which you have communicated to us your cancellation of/withdrawal from this contract, in comparison with the full coverage of the contract.
In particular if we have introduced to you at least one candidate during the cancellation period: