CLIENTS REGISTRATION FORM General Terms and Conditions GENERAL
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 a 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 a 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 Contracts (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) Anybody corporate in relation to which any of the categories of the 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 the 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, which is calculated on a minimum of 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 canceled, 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 to 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 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 greater if you withdraw an offer of engagement made to a candidate after the candidate has accepted the offer but before the candidate agreed on 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 cooperation 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’s 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’s 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 labor 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 a 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 a 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 month 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 feedback 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 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 canceled 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 trial 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 responsibly 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, 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 with 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 for any refund within 14 days from the day the Client submits the Client Registration Form online 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 by writing an email to the Agency.
9.1 These terms of business are covered by the 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 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:
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;
we will charge a cancellation fee equal to 50% of the full placement fee or four week’s remuneration, whichever is greater if you withdraw an offer of engagement made to a candidate after the candidate has accepted the offer but before the candidate agreed on the start date;
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;
we will charge a cancellation fee equal to 100% of the full placement fee if the candidate will not commence her job after she/he has accepted the offer if her/his cancellation is due because of your incorrect behavior (refuse to sign the formal contract with the candidate or signing it too late, refuse to pay the deposit to a maternity nurse when and if requested by the candidate, treating the candidate in a disrespectful way, proposing the candidate to lie to the Agency and say that she/he was found on Care.com or other websites, thus undermining the candidate’s confidence in the family, etc.)
This is for the candidate and Estate Staff application, again add as a hyperlink and required check box
TERMS AND CONDITION FOR CANDIDATES
TERMS & CONDITIONS FOR THE PROVISION OF WORK-SEEKING SERVICES TO A CANDIDATE
Excellent Nanny And Estate Staffing is a company registered in the United States
Excellent Nanny And Estate Staffing is an international Recruitment Agency within the private household sector.
Please read these Terms and Condition carefully and make sure that you understand them, before signing and returning a signed copy of the same to us by e-mail at firstname.lastname@example.org
The Act prohibits Excellent Nanny And Estate Staffing from charging a fee for the work-finding services provided to a Candidate and accordingly Excellent Nanny And Estate Staffing provides its work-seeking services to the Candidate strictly free of charge.
Whether any other services or goods which may be provided by Excellent Nanny And Estate Staffing to any Candidates on their request attract a fee, Excellent Nanny And Estate Staffing will provide the Candidate with a detailed notice setting out, among other things, a description of the services or goods to which the fee relates and the amount or method of calculation of the fee.
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.2. “Agency”: means Excellent Nanny And Estate Staffing
1.3. “Candidate”: means the work-seeker being any person using the Services for the purposes of finding employment;
1.4. “Client” means the hirer being any person, firm or company including any Affiliate of that person, firm or company, to whom the Candidate may be introduced; affiliate includes, in relation to a person, firm or company an agent, a subsidiary, or any entity from time to time directly or indirectly connected, controlled, controlled by, or under common control with that person, firm or company;
1.5. “Personal Data”: means data relating to a living individual who can be identified from that data (or from that data and other information in Excellent Nanny And Estate Staffing possession). Personal data can be factual (for example, a name, address, or date of birth) or it can be an opinion about that person, their actions, and behavior;
1.6. “Services”: means the work-finding services provided by the Agency to the Candidate for the purposes of seeking to find that Candidate employment with a Client as set out in these Terms and Conditions;
2.1. Any and all business is undertaken by the Agency in relation to the Services is transacted subject to these Terms and Conditions.
2.2. The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon their submission of his/her General Candidate Application Form.
2.3. These Terms and Conditions supersede all previous terms of business.
3.1. Upon provision by the Candidate of a full and accurate curriculum vitae, which shall include information regarding their qualifications, training, experience, employment history and any references and the other information and documents as set out below in clause 4, the Agency shall, at its sole discretion, search for suitable employment positions on behalf of the Candidate.
3.2. The Agency shall provide its Services to the Candidate as an employment agency at no cost to the Candidate.
3.3. While the Agency shall use its reasonable endeavors to inform the Candidate of any vacancies that meet the Candidate’s requirements, it does not warrant and provides no guarantee that any such vacancies will be available or that the Candidate shall be informed of available vacancies.
3.4. While the Agency requires its Clients to ensure that all information provided to it is complete, accurate, and up-to-date, the Agency does not provide any warranty or guarantee of any kind that the vacancy advertisements and other information made available to the Candidate are complete, accurate and up-to-date.
4.1. Before any Services are provided the Candidate shall provide the Agency with:
4.1.1. satisfactory evidence of their identity and proof of address which shall include, but not limited to, a certified copy of the Candidate’s passport or birth certificate and one utility bill or bank statement not older than three months;
4.1.2. if in respect of any prospective employement, the Candidate is required by law, any professional body or by the Client to hold or have any experience, training, qualifications, and authorization the Candidate shall also provide the Agency with (a) up to date copies of such qualifications and/or authorizations and (b) the names of two referees (who must not be relatives to the Candidate) whom the Candidate agrees that the Agency may approach at any time for the purpose of obtaining references about the Candidate.
4.2. The Candidate warrants that all information and documents submitted to the Agency are, to the best of his/her knowledge, true, accurate, complete, and up-to-date.
4.3. In the event that the information submitted to the Agency becomes incorrect, inaccurate, incomplete, or out-of-date, the Candidate must submit appropriately revised information to the Agency as soon as reasonably possible.
4.4. Where any of the information submitted to the Agency contains details which may be used to identify the third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Agency prior to submitting the information.
4.5. The Candidate shall immediately inform the Agency should there be any reason or circumstances under which he/she is aware under which it would be detrimental to the interests of the Agency, the Client, or the Candidate for the Candidate to take up a particular position with the Client.
4.6. The Candidate should not engage at any time in any conduct which is detrimental to the interests of the Agency, would negatively affect the Agency’s relationship with the Client, or is likely to bring the Agency into disrepute.
5.1. The Candidate consents to the disclosure of all relevant information which is reasonably required to progress any application including, but not limited to, his/her curriculum vitae and copies of his/her qualifications, authorizations, and/or references by the Agency to the Client.
6.1. When applying for a vacancy, the candidate must ensure that he/she:
6.1.1. has read the complete details of the vacancy;
6.1.2. understands the requirements of the vacancy;
6.1.3. meets the requirements of the vacancy;
6.1.4. is willing to work in the position the Client seeks to fill;
6.1.5. possess any requisite qualifications required by the vacancy; and
6.1.6. has obtained or applied for any relevant permits or authorizations.
6.2. Where any of the information submitted to a Client contains details which may be used to identify the third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Client prior to submitting the information.
6.3. The Agency shall forward the Candidate’s details to the Client’s for the purpose of the relevant vacancy only. In the event that the candidate wishes to apply for multiple vacancies to the same Client, they must submit separate applications for each vacancy.
6.4. The Agency reserves the right and the discretion to decline to forward applications to its Clients if it considers them to be in breach of these Terms and Conditions.
7.1. An offer of employment made by the Client may be subject to the Client obtaining satisfactory references or background checks on the Candidates.
7.2. In the event that the Candidate receives from a Client an offer of employment within 24 months of his/her introduction to the Client, the Candidate shall promptly, and in any event within 14 days of receiving such offer, inform the Agency.
7.3. The Candidate agrees to provide reasonable assistance to the Agency in relation to any legal proceedings, claims, complaints, investigations or inquiries (whether internal or external) concerning events or matters in which the Candidate was involved or of which the Candidate has knowledge including (but not limited to):
7.3.1. co-operating with the Agency (including any solicitors acting for the Agency and any regulatory authority); and
7.3.2. agreeing to be interviewed, to provide witness statements, and/or to attend as a witness on behalf of the Company at any hearing in relation to such proceedings or claims.
7.4. In relation to clause 7.3 the Agency shall reimburse the Candidate for reasonable out-of-pocket expenses incurred by him/her (excluding legal fees) in providing such assistance, subject to the Candidate providing to the Agency evidence of such expenditure which is satisfactory to the Agency.
7.5 PENALTY: If the Candidate hides to the Agency important information (such as the starting date, the salary, the type of contract, etc.) or gives to the Agency false information (such as pretending that he/she is not really working but she is only visiting the city and she is hosted for free, etc.) related to a Client who hired her/him without disclosing it to the Agency trying to bypass the Agency Fees, the Candidate is responsible to pay to the Agency a penalty corresponding in the full amount of the Commission Fee that should have been paid by the Client to the Agency.
8.1. The Agency will collect certain Personal Data and other information from the Candidate which is required for the provision of the Services. Such Personal Data is collected, held, and processed by the Agency for the following purposes:
8.1.1. Providing information regarding vacancies and other relevant information to the Candidate;
8.1.2. Matching relevant Candidates and vacancies;
8.1.3. Monitoring and improving its services.
8.2. The Agency is a data controller under the Data Protection Act 1998 and as such is registered with the Information Commissioner’s Office.
8.3. Subject to clause 5 (Consent) of these Terms and Conditions the Agency shall not share any Personal Data with any third parties without the consent of the Candidate.
8.4. The Agency shall take such technical and organizational measures against unauthorized or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate
8.5. The agency may share Personal Data with the following parties without the prior consent of the Candidate:
8.5.1.Another business which merges with or acquires the Agency;
8.5.2. Regulatory bodies or law enforcement authorities; and
8.5.3. Any professional advisor, contractors, or sub-contractors that the Agency may appoint from time to time.
9.1. The Agency shall not be liable for any of the following:
9.1.1. Any loss suffered by the Candidate by reason of the Candidate’s decision to resign from his/her current employment or engagement before or after receipt of a Client’s offer of employment. Furthermore, the Agency does not accept any responsibility and shall not be liable for any loss suffered by the Candidate by reason of the Client withdrawing the offer of employment at any time for any reason.
9.1.2. The loss of any data, cvs or other materials submitted by the Candidate;
9.1.3. Any errors or inaccuracies in the information presented to the Candidates;
9.1.4. The failure of the Candidate to secure employment with any of the Agency’s Clients;
9.1.5. Any loss or damage of any kind, howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and
9.1.6. Any loss or damage of any kind, howsoever caused arising out of any information or document submitted to the Agency by the Candidate.
9.2 Nothing in these Terms and Conditions shall exclude or otherwise restrict the Agency’s liability for death or personal injury arising out of its own negligence.
10.1. Without prejudice to any other remedies available to the Agency, the Candidate shall on demand indemnify and keep the Agency indemnified against any costs, liability, damages, loss, claims, or proceedings (including but not limited to any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs) suffered or incurred by the Agency arising out of or in connection with a material breach of the warranty given at clause 4.2 (accuracy of information) and any material breaches of the obligation arising from clauses 7.2 (obligation to inform the Agency of an offer of employment) and 7.3 of these Terms and Conditions (assistance in proceedings) (the “Claim”).
10.2. Liability under clause 10.1 of these Terms and Conditions is conditional on the Agency discharging the following obligations:
10.2.1. as soon as reasonably practicable, give written notice of the Claim to the Candidate, specifying the nature of the Claim in reasonable detail;
10.2.2. not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of the Candidate (such consent not to be unreasonably conditioned, withheld or delayed), provided that the Agency may settle the claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to the Candidate, but without obtaining the Candidate’s consent) if the Agency reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
10.2.3. subject to the Candidate providing security to the Agency to the Agency’s reasonable satisfaction against any claim, liability, costs, expenses, damages or losses which may be incurred, take such action as the Candidate may reasonably request to avoid, dispute, compromise or defend the Claim.
11.1. Any notice or other communication was given to a party under or in connection with these Terms and Conditions shall be in writing in English and shall be delivered by hand, or sent by commercial courier, or pre-paid first-class post, or recorded delivery, or airmail requiring a signature on delivery, or sent by e-mail.
11.2. The addresses for service of a notice or other communication under these Terms and Conditions are as follows:
Candidate: as per the General Candidate Application Form;
address: Excellent Nanny And Estate Staffing
7002 Hodgson Memorial Dr. STE 102
Savannah Ga 31406
for the attention of Mrs. Denise Roundtree;
e-mail address email@example.com
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
12.1. Nothing in these Terms and Conditions is intended to, or shall create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between the Agency and the Candidate and between the Agency and the Client.
13.1. No one other than a party to these Terms and Conditions, their successors, and permitted assignees, shall have any right to enforce any of its terms.
14.1. No failure or delay by the Agency to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15.1. If any provision or part-provision of these Terms and Conditions is found by any court or other authority of competent jurisdiction to be illegal, invalid, or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions, but that shall not affect the legality, validity or enforceability of any other provision of these Terms and Conditions.
16.1. The Agency may revise these Terms and Conditions from time to time. In the event that modifications are made, details of them will be published forthwith on the Agency website at http://www.excellentnannyandestatestaffing.com.
16.2. In the event that the Candidate does not agree to be bound by any amended terms and conditions the Agency may introduce, he/she should immediately cease using the Services and inform the Agency accordingly.
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Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Excellent Nanny And Estate Staffing
Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to United States
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a user can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Excellent Nanny And Estate Staffing, accessible from http://www.excellentnannyandestatestaffing.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally, identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data has collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
Flash Cookies. Certain features of our Service may use local stored objects (or Flash cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including monitoring the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services, and events that we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or another sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, services, marketing, and experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of Our business to another company.
With business partners: We may share Your information with Our business partners to offer You certain products, services, or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures, and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your Consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
By email: firstname.lastname@example.org
By phone number: 800-217-9458