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Terms of business form 1

Kensington Nannies: UK Terms of Business

The Agency shall not be under an obligation to fill any Vacancy for the Client. The Agency shall use reasonable endeavours to Introduce candidates to the Client for the Vacancy. Due to the high demand for candidates vetted & interviewed by Kensington Nannies Ltd. it cannot guarantee that it will Introduce a Candidate to the Client for the Vacancy.

It is important that you read, understand & agree to the Terms of Business, Conditions & Introduction Fee Structure listed in full therein, as this represents a contract between you the Client & Kensington Nannies Limited.

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In these Terms the following definitions apply:

“Agency”
Kensington Nannies [Limited] registered company no. 6840222

“Candidate”
Means the person Introduced by the Agency to the Client for an Engagement

“Client”
Means the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to which the Candidate is introduced

“Cancellation Fee”
Means the fee payable by the Client to the Agency on cancelling an "Engagement "

“Engagement”
An offer accepted be it verbal or written by a candidate Means the engagement, employment or use of the Candidate by the Client or by any Third party to whom the Candidate has been introduced by the Client, on a permanent or temporary , paid or unpaid basis ,whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; or through a limited company of which the Candidate is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;

“Introduction“
Means (i) the passing to the client of a curriculum Vitae or information which identifies the Candidate or(ii) The Client 's interview of a candidate (In person ,by telephone or by any other means) ,following the Clients instruction to the Agency to search for a Candidate; and ,in either case, which leads to an Engagement of the Candidate ;and “Introduces” and “Introduced “ shall be construed accordingly;

“Introduction Fee”
Means the fee payable by the Client to the Agency for an Introduction resulting in an offer of engagement extended by the Client & accepted by the candidate of an "Engagement" on a paid or unpaid basis

"Fee"
Monies to be paid to the Agency

“Annual Salary “
52 x average weekly salary irrespective of the length of service/contract.

“Gross Salary”
The full payment an employee receives before tax deductions and mandatory contributions are removed. This amount is equal to base salary plus all benefits and allowances, such as special allowances, bonuses, overtime pay, medical insurance, travel allowance and housing allowance.

“Net Salary “
Take home pay after all lawful and benefit deductions have been made

"Part Time"
Candidates who are engaged to work 3 days or less each week

“Refund”
Monies returned to the client on paid invoices.

“Replacement Candidate”
Means any Candidate Introduced by the Agency to the Client to fill the Engagement that was intended to exceed 10 weeks following the Introduction of another Candidate whose Engagement was terminated during the first 10 weeks of the Engagement;

“Temporary”
A vacancy for Specified dates that do not exceed 10 weeks with a 12 month period

“Week”
A Calendar week

“Week or part thereof”
Any day that falls between a Monday and a Sunday

Unless the context requires otherwise, references to the singular include the plural and references to the masculine include the feminine and vice versa. The headings & numbering contained in these Terms of Business are for convenience only and do not affect their interpretation.

The Contract.

1.1 These Terms of Business, conditions & fees which are non-negotiable constitute the contract between the Agency & the Client for the supply of staff to be engaged directly by the Client & are deemed to be accepted by the Client by virtue of an introduction or the engagement of a Candidate, or the passing by the Client of any information about a Candidate to any third party following an introduction.

1.2 The Client agrees to not directly or indirectly work around, avoid, circumvent or otherwise bypass the Agency with the intent or effect of depriving the Agency of its Agency Fees. If a Candidate is solicited to work for the Client with the intent or effect of bypassing the Agency's Fee the Client will be invoiced the fee, then chargeable by the Agency for the relevant Engagement.

1.3 The Agency acts as an Introduction Agency (as defined in section 13(2) of the Employment Agencies Act 1973) when introducing Candidates to the Client for direct engagement by that Client

1.4 These Terms & Conditions of Business shall be governed by the laws of England & Wales.

1.5 The Agency reserves the right to change these Terms of Business without prior notification.

1.6 These terms contain the entire agreement between the parties & unless otherwise agreed in writing by the Agency, these terms take precedence & shall prevail over any other Terms of Business or conditions put forward by the Client.

1.7 Each Engagement shall be categorised by the Agency at its sole discretion, having regard to the anticipated location(s) where the Candidate will be required to work when carrying out the proposed Engagement, as either a U.K Engagement or an overseas Engagement and the Client agrees and accepts that each decision of the Agency shall be final and binding

1.8 No variation or alteration to these terms shall be valid unless the details of such variation are agreed between the Agency & the Client & are set out in writing & a copy of the varied terms is given to the Client stating the date on which they shall apply.

2 Information to be provided by the Client

2.1 For the selection of suitable candidates for interview by the Client, then the Client is required to provide the Agency with the identity of the Hirer and an accurate detailed job specification. This must include but is not limited to:

Hours on duty.

days on duty.

The ages of the children the Candidate is to be appointed to care for.

Any special needs that these children may have.

The Address of where the candidate shall work.

Date Employment will commence,

Proposed salary & payment intervals

Any other information that may be important to the Agencythat may influence the Agencies selection of candidates deemed appropriate.

The Agency do not run a payroll system, all Candidates are to be paid directly & relevant reporting /compliance with all employment, taxation, fiscal and other relevant legislation shall be the responsibility of the Employer/ Client. The Agency is not responsible for any noncompliance of the Client.

3. Introduction of Candidates:

Where the Candidate is Introduced for a position which involves working with, caring for or attending to a Vulnerable Person, the Agency shall take reasonably practical steps to:

1. Obtain confirmation of the Candidate's identity

2. Obtain confirmation that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body

3. Obtain and offer to provide copies to the Client of two references from persons who are not relatives of the Candidate and who have agreed that the references they provide may be disclosed to the Client

4. Provide copies of any relevant qualifications or authorisations of the Candidate.

3.2 If the Agency has taken all reasonably practical steps to obtain such information and has been unable to do so fully, The Agency shall inform the Client of the steps it has taken to obtain this information and will not be responsible for any non-compliance of the candidate to produce such documentation, it is the Client's responsibility and sole decision to determine whether to engage the Candidate.

3.3 Whilst every care is taken to pre-screen & select candidates deemed suitable for the position of working with children, the screening & decision on the suitability of the candidate is the sole responsibility of the Client. Clients must take up references (permission to do so is to be obtained from the candidate) & medical histories of a Candidate they wish to employ to their own satisfaction, as after the offer of employment has been accepted & concluded the Agency will not be held responsible for any loss, damage, delay, clash of personalities or for any other circumstances that may arise beyond its control. The Agency will not be held responsible nor get involved with any dispute which should be resolved between employer (Client) & employee (Candidate) that may result in any loss, damage, delay or termination of the engagement.

3.4 The Agency may refer to & discuss with the Hirer & the Candidates expected salaries in net G.B.P terms throughout the recruitment process, it is the Clients responsibility to determine the total cost of employing any proposed candidate.

3.5 Clients engaging candidates should sign a contract with the intended employee confirming the engagement. This should include, but not be limited to: Location of work, a job specification, and duties expected, salary & payment intervals, working hours & free time agreed, probation & notice periods. This is an independent contract between employer (Client) & employee (Candidate). A sample contract for your guidance may be obtained from the Agency.

3.6 The Agency does not employ the Candidates introduced and any Contract of Employment entered is between the Client and the Candidate. The Client is responsible for complying with all employment, taxation, fiscal and other relevant legislation in addition to the civil and criminal laws of the country in which the employment occurs. The Agency is not responsible for any noncompliance of the Client or the Candidate.

3.7 The Client shall be responsible for obtaining work & any other permits, medical examinations &/or investigations into the medical history of Candidates if so required for visa, entry & work permit purposes, & qualifications required by law of the country in which the candidate is required to perform duties.

3.8 Clients requiring the employee (Candidate) to drive whilst performing their duties, must ensure that the candidate holds a current driver's license & cover related costs associated with any insurance's.

3.9 Clients requiring the employee (Candidate) to travel and / or work outside of the U.K whilst performing their duties, must cover related travel, visa costs & ensure that the candidate is properly insured (medical).

3.10 Kensington Nannies are not responsible for any interview expenses incurred by the Client or Candidate.

4. Notification to the Agency:

4.1 The Client agrees to notify the Agency immediately of the terms of any offer of an engagement be it verbal or written which they make to the Candidate

4.2 Notify the Agency immediately that the Clients offer of an engagement be it verbal or written to the Candidate has been accepted & to provide details to the Agency of the terms agreed (see 3.5) with the Candidate together with any documentary evidence as requested by the Agency.

5. Fees

5.1 The fees are fixed and non-negotiable Engagements exceeding 10 weeks

5.2 U.K. Full Time Engagements (Are defined as Engagements where candidates are required to work 4/5 days a week) A fee of 12% +VAT of the annual Gross salary shall apply. *Definition of annual salary is 52 x average weekly salary irrespective of the length of service/contract. i.e. if the Client agrees to hire the Employee for any period over 10 weeks, the Agency will take an average of the weekly sums paid to the Employee by the Client, apply that figure to a 52-week period and charge 12% plus VAT. *

5.3 U. K. Part Time: (Are defined as Engagements where the Candidates are required to work 3 days or less each week) a flat rate fee of £1100 + VAT shall apply for each nominated day.

5.4 Outside of the U.K: A Flat rate fee of £9000 shall apply (The fee has no bearing on the salary you pay the candidate)

Temporary Engagements: A Temporary Engagement is defined as an engagement that is registered with specified Start & End Dates that do not exceed 10 continuous weeks within a 12month period.

5.5 U. K. Temporary Engagements: £200 + VAT per week or part of a week

5.6 Outside of the U.K Temporary Engagements £220 per week or part of a week.

5.7 Where a flat rate fee does not apply, the agency will calculate the fee of 12 % +VAT of the Gross Annual salary according to the salary calculator: www.nannytax.co.uk using the standard tax code.

5.8 Where a flat rate fee does not apply & the Remuneration is not known, the Agency will charge an Introduction Fee calculated in accordance with clause 5.2 based on its determination of the Remuneration considering the market rate level of remuneration applicable for the position in which the Candidate has been Engaged and regarding any information supplied to the Agency by the Client and/or comparable positions in the market generally.

5.9 Trials: Clients who request to trial a Candidate prior to making a firm offer may do so for one day without incurring an agency fee, conditional on the hirer being present & the candidate paid directly for their time. Any further days will be charged at the Temporary rate in accordance with clause 5.5 or 5.6. The client must note that they are responsible for all Candidate related costs including, but not limited to any agreed remuneration throughout the trial, airfare, health tests etc. During the trial the Candidate & the Client may continue to interview with other parties.

5.10 The Introduction fee charged for any Candidate is applicable to one engagement. A further fee will be charged for any re-engagement at any time.

5.11 VAT is charged at the standard prevailing rate on all fees where applicable.

6. Terms of Payment of Introduction Fees

(Note: The Terms of payment & applicable Introduction fee, shall not be contingent upon suitability checks of the candidate see clause 3-3.3 & 11 or the status of the Employee /Employer verbal or written contract)

6.1 Once the Client has had an offer of employment accepted be it verbal or written by a candidate & the Agency notified in accordance with clause. 4.1 and / or 4.2 the Introduction fee becomes payable within 48 hours of Date of Invoice or 14 days prior to the Engagement commencement date whichever occurs first.

6.2 On Engagements that are intended to exceed 10 weeks, and where the proposed /estimated commencement date is more than 14 days in advance, a fee of £1000 +VAT becomes due & payable within 48 hours of the date of the invoice to secure the Candidate (see cancellations clause 9) Until such time that payment is received by the Agency, the Candidate may continue to interview with other prospective Clients. The balance of the Introduction fee shall become due & payable within 48 hours of Date of Invoice or 14 (fourteen) days prior to the proposed/estimated date of commencement of the engagement whichever occurs first.

6.3 The Candidate will only commence the engagement with the Client once the entire Fee due has been received by the Agency. Invoices not settled in line with the payment terms may delay the Candidates start date and a late payment surcharge of 15% of the invoice value will be added to any Introduction Fee outstanding

6.4 In the event of the invoice(s) for the Introduction Fee not being fully settled in accordance with the payment terms the client employing a candidate for an engagement intended to exceed 10 weeks shall forfeit their option to a replacement candidate & the Agency's responsibility to the client will cease.

6.5 Should the Candidate choose not to start the engagement through no fault of the Client, then the entire amount of the Introduction fee paid by the Client will be refunded.

6.6 The Introduction Fee is payable if the Client engages the Candidate within a period of 12 months from the date of:

(a) Interview,

(b) The Clients withdrawal of an offer of engagement, or

(c) The Candidates rejection of an offer of engagement (whichever is the later).

6.7 Agency fee payments are to be made in G.B.P by bank transfers.

7. Replacements

7.1 Clients who have paid a fee in line with a temporary engagement do not qualify for refunds or replacements except in the instance where the Candidate chooses not to commence the engagement through no fault of the Client, then if a replacement cannot be sourced the entire amount of the fee paid will be refunded.

7.2 Engagements intended to exceed 10 weeks: The Agency cannot guarantee that the Candidate will complete the proposed length of Engagement, however if the Engagement is lawfully terminated within 10 weeks of its commencement (including any Trial Period, period of notice or any period of notice that would have applied in the absence of garden leave or payment in lieu of notice) the client qualifies for one free replacement at no extra charge provided that:
The Client notifies the Agency in writing of the lawful termination of the Engagement within five working days of such termination and makes a request for a replacement Nanny within four weeks of the original candidate's final day of employment.
The Agency's invoice has been settled in full & in line with payment terms.
The termination of the Engagement arose due to the Candidate having resigned of their own volition and not in connection with any act, omission, breach of contract, negligence, recklessness, pressure or fault of the Client.
The Engagement was terminated by the Client due to the Candidates lack of capabilities and the Client provides evidence satisfactory to the Agency that the Candidate was provided with performance reviews, instructions & fair tools to meet expectations yet was incapable of performing in the role for which they were Engaged.
The candidate has been paid in full any monies owing.
The Client has met and discharged all their legal responsibilities complying with all employment, taxation, fiscal and other relevant legislation in addition to the civil and criminal laws of the country in which the employment occurs/occurred.
The Client has treated the Candidate fairly and reasonably and in accordance with employment legislation, without being abusive, violent or discriminatory the Client has not made any material change in the Candidates working conditions, employment conditions, or hours of work, location of work.

7.3 The Agency will use reasonable efforts to source a replacement Candidate such profiles will be selected by reference to the Client's original job specification and will be provided as promptly as possible the Agency makes no guarantee that such a Candidate will be found.

7.4 In the event that the Agency puts forward a Candidate (or Candidates) that it considers to be suitable by reference to the Client's original job specification and the Client fails to offer the Candidate a position, and/ or the Client unreasonably fails to offer the Candidate a position on the same terms as the previous Candidate's terms, and/or the client sources a candidate independently or no longer have a vacancy for the original Job specification, then the Agency will be under no further obligation to offer further replacements and the Agencies contractual duties to the client shall cease.

7.5 .The 10 week timeframe shall apply to clients continuing to employ a Candidate even if they claim the employees work is unsatisfactory or in cases where the employment contract/ engagement has been terminated yet the Candidate remains in the household on a paid or unpaid basis

7.6 If the Agency extends to the Client the opportunity to source a replacement candidate as they have satisfied the criteria of clause 7.2-7.4 and the search is unsuccessful (other than through any failure by the Client) the Agency

Final date of candidate's employment inclusive of any notice served % Refunded
Week 0 to end of Week 5 50%
Week 6 to end of Week 8 25%
Week 9 10%
Week 10 0%

7.7 Subsequent to the Client receiving a refund if the Candidate is re-engaged, then any refund shall be repaid to the Agency and further fees will apply.

8. Introductions for Temporary Engagements:

A Temporary Engagement is defined as a non-repeatable engagement that is registered with specified Start & End Dates that fall within a period of 10 continuous weeks.

8.1 The fee charged for any Candidate is applicable to one engagement. A further fee will be charged for any re-engagement at any time

8.2 If a Temporary Candidate is employed for more than 10 weeks a full introduction fee as noted in clauses 5.2; 5.3; 5.4 (as applicable) will be charged in addition to any fees already levied.

8.3 Should the Candidate choose not to start the engagement through no fault of the Client, then the entire amount of the fee paid will be refunded.

8.4 The Introduction Fee is payable if the Client engages the Candidate within a period of 12 months from the date of:

(a) Interview,
(b) The Clients withdrawal of an offer of engagement, or
(c) The Candidates rejection of an offer of engagement (whichever is the later).

8.5 Clients engaging Temporary candidates or those who have paid a temporary fee do not qualify for refunds or replacements except in the instance where the Candidate chooses not to commence the engagement through no fault of the Client, then the entire amount of the fee paid will be refunded.

8.6 There are no refunds due should the Client cancel the Engagement or cut it short of the specified dates registered.

9. Cancellations: Cancellation on any offer that has been accepted be it verbal or written

9.1 Should the Candidate choose not to start employment through no fault of the Client the entire amount of the fee paid will be refunded.

9.2 Should the Candidate choose not to start employment through fault of the Client and/or the Client makes a subjective decision not to proceed with the offer of employment/engagement once it has been accepted by the candidate, an administrative charge of £1000 (+ VAT where applicable) shall apply, payable to the agency within 7 days of invoice.

9.3 If payment has been made, should the Candidate choose not to start employment through fault of the Client and/or the Client makes a subjective decision not to proceed with the offer of employment /engagement once it has been accepted the entire amount of the agency Introduction fee will be retained by the Agency

9.4 Charges incurred by the Client in Clause 9.2 & 9.3 are exempt from all clauses 7-7.6

10. Introductions to Third Parties

Introductions of Candidates are confidential. If a Client discloses a Candidates details to a third party that will be deemed to be a “Third Party Introduction”. Such introductions are prohibited due to data protection, unless consent has been obtained by the candidate. If consent has been given & it results in an offer of employment & acceptance, then the Client shall be responsible for the fees as set out in clauses 5. Under these circumstances the Refund & Replacement policy as appearing in clauses 7 do not apply.

11. Suitability Checks & References.

The Agency shall pre-screen candidates & check references to assess their suitability to work with children, the final screening and decision on the suitability of the Candidate is the sole responsibility of the Client. The Agency does not directly employ the Candidate & are not therefore able to insist upon DBS checks. However, Kensington Nannies require all potential applicants to have a DBS check where possible. If a Candidate does not have an up to date DBS & / or are in the process to have his/her DBS done, then the Agency will inform the Client of the DBS status of the Candidates.

12. Confidentiality & Data Protection All information relating to the Candidates is confidential & subject to the Data Protection Act & is provided solely for the purpose of guiding the Client in selecting suitable employee. Such information must not be used for any other purpose nor divulged to any Third party. The client agrees that sensitive data received shall not be retained unless you have a lawful reason to do so & will be stored & destroyed securely. (Breaking Data protection laws could result in you being prosecuted/fined.) The Client undertakes to abide by these provisions in receiving & processing the data at all times. In addition, information relating to the Agency's business shall be regarded as confidential & must not be divulged to any third party except for information which is in the public domain. Kensington Nannies provide recruitment services to candidates/clients who reside globally. During the recruit, your details (including sensitive Data) may be transferred globally. Sharing data cross-border is essential to the services so that you receive the same high-quality service wherever you are in the world & and in some cases may be necessary for the performance contract between the Agency & the client. As a result, we will, transfer Personal Data and Other Data collected in connection with the Services, to candidates & clients in countries where data protection standards may differ from those in the country where you reside. By appointing Kensington Nannies to assist in your recruit you understand that we transfer Personal Data globally by email & the client must have appropriate measures in place to protect this data. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries will be entitled to access your Personal Data. Some of the non-EEA countries are recognised by the European Commission as providing an adequate level of data protection according to EEA standards.

13.Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, pandemic's, and the party shall be entitled to a reasonable extension of its obligations.

14. Liability.

The Client acknowledges that these Terms and Conditions do not create the relationship of employer/employee between the Agency and the Client or the Agency and the Candidate, nor does it create a partnership or establish a relationship of principal and agent or any other fiduciary relationship between the parties.

The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (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 a Candidate for the Client or from the introduction to or engagement of any Candidate by the Client or from the failure of the Agency to introduce any candidate. No Liability shall be attached to the agency either in contract or in tort because of the act or omission of an applicant however so arising even if such act or omission is fraudulent or negligent.