CLIENT TERMS OF BUSINESS FOR THE INTRODUCTION ONLY OF PERMANENT AND TEMPORARY STAFF TO BE DIRECTLY EMPLOYED BY THE CLIENT
1.1. In these Terms of Business the following definitions apply:
“Applicant” means the person introduced by the Agency to the Client for an Engagement including any members of the Agency’s own staff;
“Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to whom the Applicant is introduced;
“Agency” means Wimbledon Nannies Worldwide of 184 Copse Hill, Wimbledon, London SW20 0SP
“Engagement” means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement;
“Placement” means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement;
“Introduction” means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitae or other information which identifies the Applicant; and which leads to an Engagement of that Applicant by the Client;
“Week” means a working week Monday – Friday
“Weeks” means working weeks, each being Monday – Friday
1.2 Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa.
1.3 The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.
2 PLACEMENT FEES — PLEASE NOTE THAT ALL FEES ARE SUBJECT TO VAT
2.1 Permanent Placements – defined as a single booking of 30 weeks or more
Daily or Residential Nanny, Mother’s Help, Housekeeper, Nursery Nurse, Montessori Teacher or
Nursery Assistant per full or part day employed £495.00
Our fees are based on the number of days worked in one week, i.e. a placement for 3 days a week = £1485; a placement for 5 days a week = £2475 this is a once only payment per placement.
2.2 Temporary Placements – defined as a single booking of no more than 29 weeks
Short-term temporary day placements of less than 1 week
For each full or part day employed …………………………………………………………£ 35.00
Longer-term temporary placements of at least 1 week
Per first week of employment …………………………………………………………… £135.00
Per week employed thereafter ………………………………………………………………£ 90.00
2.3 Evening Babysitting Register
Annual registration fee ………………………………………………………………. £165.00
Six months registration fee ……………………………………………………... £130.00
Non-member’s evening babysitting fee per night (after 7.00pm) ……………… £35.00
2.4 Maternity Nurse Placement – defined as a single booking of no more than 29 weeks
Short-term temporary day placements of less than 1 week
For each full or part day employed ………………………………………………………… £35.00
Longer-term temporary placements of at least 1 week
Per first week of employment …………………………………………………………… £135.00
Per week employed thereafter ……………………………………………………………… £90.00
Please note that all fees are correct at time of going to print, but maybe subject to change without prior notification.
(Wimbledon Nannies is registered for VAT – VAT Registration No. 752 5544226 32)
3 TERMS FOR PERMANENT PLACEMENTS
3.1 Wimbledon Nannies agrees to refund a Client in full if a permanent applicant fails to take up employment after an engagement (Subject to the Terms of Business).
3.2 Should a permanent applicant leave your employment within eight weeks of the date of commencement of employment (to include any period of notice worked), it is our policy to provide one permanent replacement only free of our placement charges (Subject to our Terms of Business).
3.3 Should a client decide to employ a temporary nanny/mother’s help whilst trying to find a replacement permanent nanny/mother’s help then the client will be charged the relevant temporary fee in accordance with Clause 2.2).
3.4 Wimbledon Nannies must be given up to one calendar month from the date of your notification that the permanent applicant has left your employment (after any notice period has been worked), to provide a permanent replacement. If during this period the client makes alternative arrangements or requests 'no replacement', no refund will be given.
3.5 If it proves impossible for Wimbledon Nannies to effect a permanent replacement within one calendar month, the following partial refunds will be paid by Wimbledon Nannies in accordance with the scale set out below subject to the conditions in Clause 3.6:
If an applicant leaves within:
week one refund = 90% of placement fee
week two refund = 75% of placement fee
week three refund = 60% of placement fee
week four refund = 50% of placement fee
week five refund = 40% of placement fee
week six refund = 25% of placement fee
week seven refund = 20% of placement fee
week eight refund = 10% of placement fee
“Week” is working week Monday – Friday and an applicant who leaves employment is physically leaving employment after any notice period has been worked.
3.6 The above guarantee and refund terms shall not apply if:
a) the agency is not informed in writing within 7 days of the permanent applicant leaving your employment.
b) the invoice has not been settled in full within 14 days of date of invoice as per our Terms of Business;
c) a suitable replacement has been found within one calendar month through Wimbledon Nannies or if another agency has been engaged during that period;
d) the applicant leaves within the guarantee period due to working conditions being contrary to those agreed to prior to the commencement of employment or due to mistreatment of the applicant;
e) the client varies the requirements for a replacement nanny/mother’s help from the original specification;
f) the applicant leaves at any time after the end of working week eight (to include any notice period worked).
3.7 Refunds and Guarantees applicable to permanent placements are not applicable to temporary placements.
3.8 The refund for a permanent replacement will be based on whichever of the applicants (original or replacement) remained in the Client’s employment the longest.
3.9 If the services of any applicant are cancelled after a firm booking has been made, half the placement fee will be charged on all occasions. A 'firm booking' constitutes an applicant being accepted for a post whether verbally or in writing and the applicant having accepted.
4 TERMS FOR TEMPORARY PLACEMENTS
4.1 Cancellation of temporary bookings must be made to the agency at least 24 hours before the booked start time of the temporary applicant. Where cancellations are made within 24 hours of the temporary applicant’s due start- time 50% of the agency fee must be paid by the client. Where cancellations are made after the due start time the full agency fee will remain payable by the client.
4.2 If a temporary applicant who has been accepted by the client proves unsatisfactory then the client will only be charged for the number of days or weeks the nanny actually worked and every effort will be made by the agency to find a suitable replacement. The placement of the temporary replacement applicant will incur an agency fee in accordance with Clause 2.2. The same will apply if the temporary applicant decides to leave of their own accord or is absent through illness.
4.3 All communications regarding the placement of a temporary applicant must be made directly between the client and Wimbledon Nannies in a timely manner and not through the applicant, in order to avoid any misunderstandings.
5 TERMS FOR BABYSITTING BOOKINGS
5.1 If an annual or 6 monthly membership is paid then this is non-refundable.
5.2 Cancellations of babysitting bookings made by non-member’s of the annual register must be made to the agency at least 24 hours before the booked time of the babysitter’s visit. Where cancellations are made within 24 hours of the babysitter’s due visit the full agency fee must be paid by the client and the sitter will be entitled to the minimum-booking fee for 3 hours.
6 TERMS FOR MATERNITY NURSE PLACEMENTS
6.1 Cancellation of maternity nurse bookings must be made to the agency at least 24 hours before the booked start time of the maternity nurse. Where cancellations are made within 24 hours of the maternity nurse’s due start time 50% of the agency fee must be paid by the client. Where cancellations are made after the due start time the full agency fee will remain payable by the client.
6.2 If a maternity nurse proves to be unacceptable by the client after having been accepted by the client and having started in the position then the client will only be charged for the number of days or weeks the maternity nurse actually worked and every effort will be made by the agency to find a suitable replacement. The placement of the replacement applicant will incur an agency fee in accordance with our Terms of Business. The same will apply if the temporary applicant decides to leave of their own accord or is absent through illness.
6.3 All communications regarding the placement of a maternity nurse must be made directly between the client and Wimbledon Nannies in a timely manner and not through the Maternity Nurse, in order to avoid any misunderstandings.
7 ACCOUNT TERMS
7.1 Fee payable within fourteen days of the date of invoice. Wimbledon Nannies is VAT registered – VAT Registration No. 752 5544226 32
7.2 A surcharge of 10% will be added to all accounts not settled within fourteen days. If those accounts still remain unpaid after 90 days further 10% surcharge will be added to the outstanding account.
8 TERMS FOR NANNY-SHARE SERVICE
8.1 If Wimbledon Nannies are approached by two Clients by way of a single enquiry and who are known to each other, to find one nanny for them to share then one introductory fee will be charged at the full rate to the first Client to approach Wimbledon Nannies.
8.2 If Wimbledon Nannies are approached by a single Client to find both nanny and second Client with whom to share that nanny, then an introductory fee will be charged at the full rate to both Clients.
8.3 Where Wimbledon Nannies are approached by a single Client to find both a nanny and a second Client as described in 8.2 above and a nanny is introduced and accepted before a second Client is found, an introductory fee at the full rate will become immediately due and payable by the first single Client and, although Wimbledon Nannies will make every reasonable effort to find a second Client, no guarantee is given that a second Client will be found.
8.4 If Wimbledon Nannies introduces one Client to another Client and those Clients share a nanny who has not been introduced by Wimbledon Nannies then 50% of the introductory fee will be charged split equally at 25% to both clients.
8.5 If Wimbledon Nannies introduces one Client, who already has a nanny in place, to another Client in order to facilitate a share arrangement, then the Client with the nanny already in place is liable to pay 50% of the introductory fee, and the client without a nanny already in place is liable to pay the full introductory rate.
9 GENERAL TERMS
9.1 Wimbledon Nannies offers its services only if the Terms and Conditions specified herewith are understood, accepted and complied with. Wimbledon Nannies’ Terms and Conditions apply to all introductions and engagements affected by or through Wimbledon Nannies.
9.2 The interviewing and subsequent engagement of applicants is deemed to be acceptance of our Terms, Conditions and Fees. Wimbledon Nannies' fees are for the introductions of applicants only and do not include any salary due to be paid to an applicant. Unless the applicant is self-employed, it is the responsibility of the Client to deduct Tax and National Insurance etc.
9.3 Unless otherwise agreed in writing by a proprietor of the Agency, these Terms and Conditions of Business shall prevail over any other terms of business or purchase conditions put forward by the client.
9.4 No variation or alteration of these Terms and Conditions of Business shall be valid unless approved in writing by a proprietor of the Agency.
9.5 All placement fees become due when an applicant has been accepted for a post, not on the commencement of employment.
9.6 The fee charged for the introduction of any applicant, Permanent or Temporary, is applicable to one engagement only. Re-employment of an applicant by the Client at a future date will be re-chargeable and Wimbledon Nannies must be notified immediately of any such arrangement.
9.7 Where applicants are engaged on a short-term and temporary basis and their employment is extended beyond the original period to become permanent, the appropriate fee will be charged in accordance to clause 2.1 above and terms under clause 3 will apply. It is the responsibility of the Client to inform Wimbledon Nannies immediately of this.
9.8 Clients retaining the services of applicants, however unsatisfactory, will be liable for the placement fee in full for the period retained.
9.9 All introductions are confidential. All work undertaken by Wimbledon Nannies for the client in respect of the introduction of an applicant to the client shall be for the private and confidential use of the client only and should not be reproduced in whole or in part or relied upon by third parties for any use whatsoever, without the express written authority of Wimbledon Nannies. Clients introducing an applicant to a third party will be held responsible for the appropriate fee due from a resulting engagement.
9.10 If the applicant leaves employment as a result of the Client's failure to comply with the agreed hours and duties that were previously agreed between the applicant and the client and confirmed to Wimbledon Nannies, the full placement fee will remain payable to Wimbledon Nannies.
9.11 Wimbledon Nannies acts as a means of introduction only for the placement of permanent and temporary staff to be directly employed by the client. Wimbledon Nannies endeavours to ensure the suitability of any applicant introduced to the client. Notwithstanding this, the client shall satisfy itself as to the suitability of the applicant and the client shall take up any references provided by the applicant to it or the agency before engaging such applicant. The final responsibility and final decision as to whether such an applicant should be engaged by the client for a permanent or temporary position is that of the client. The client shall be responsible for obtaining work and other permits, if required, for the arrangement of medical examinations and/or investigations into the medical history of any applicant, and satisfying any medical and other requirements or qualifications required by law of the country in which the applicant is engaged to work.
9.12 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensations (whether direct, indirect or consequential) which may be suffered or incurred by the client arising from or in any way connected with the agency seeking an applicant for a client or from the introduction to or engagement of any applicant by the client or from the failure of the agency to introduce any applicant. No liability shall attach to Wimbledon Nannies either in contract or in tort for loss, injury or damage sustained as a result of the act or omission of an applicant, however so arising, even if such act or omission is fraudulent or negligent. Wimbledon Nannies shall not be liable to indemnify the client in respect of any claim made against the client for any such loss, injury or damage.
9.13 The Client agrees to notify Wimbledon Nannies immediately an engagement is made and agrees to pay the appropriate fee within fourteen days of date of invoice.
9.14 No refund will be payable to the Client should the applicant leave within the guarantee period due to working conditions being contrary to those agreed to prior to the commencement of employment or due to the mistreatment of the applicant.
9.16 Wimbledon Nannies has the right to refuse to represent a Client at any time.
9.17 Wimbledon Nannies reserves the right to change or add to the above Terms and Conditions without prior notification.
10.1 Upon acceptance by the Client of these terms and conditions of business, the Client consents to Wimbledon Nannies processing their personal data in respect of the Client’s engagement of our services. A privacy notice, consent form and a withdrawal of consent form for data processing will be issued separately with the registration documentation. We are registered with the Information Commissioner’s Office – Registration Number: Z6350324
11.1 These Terms and Conditions of Business are governed by the law of England & Wales and are subject to the exclusive
jurisdiction of the Courts of England and Wales.