1. These terms and conditions of business between Teddy Bear Nannies Ltd (Us) and the employer (You) are deemed to be accepted by You by virtue of an introduction to You or engagement by You of a nanny, maternity nurse or mothers help by Us. These terms of business will apply whether or not the Nanny is engaged for the same type of work for which the Nanny was originally introduced by Us.
2. For the purpose of these terms: a) the word "introduced" or ""introduction" shall mean the provision by Us of any details or information, whether written or oral, about a Nanny; b) the word "engage" or "engagement" shall be deemed to include the acceptance of a Nanny's services whether direct or indirect in any capacity whatsoever; and c) the ‘Engagement Date' shall mean the Nanny's first day of employment with You.
3. An engagement is classed as permanent for a period of 3 months or more. Should the engagement be for less than 3 months, the engagement is classed as temporary.
4. You shall inform Us immediately of an intention to change the nature of the Nanny's employment whether before or within a period of 12 months of the Engagement Date. Such changes may include, but are not limited to, a change from temporary to permanent and part time to full time. An additional fee equal to the difference between the Engagement Fee paid and the Engagement Fee which would have been payable had the new circumstances existed at the time of the original Engagement Date, will be payable in such circumstances. Should You change the Nanny's terms from permanent to temporary or reduce the number of hours of employment, no refund of fees will be made by Us. We shall have no obligation to refund any monies paid except in the circumstances set out in Clause 13 below.
5. In order to enable Us to introduce potentially suitable candidates, You shall provide all relevant information relating to their requirements. We use all reasonable endeavours to ensure that Nannies which We introduce meet such requirements and in particular, We shall interview the Nanny, check to ensure such Nanny has a valid police check in place, request evidence of the Nannies' qualifications and obtain at least 2 verbal references. However, You hereby acknowledge that no warranty is given by Us in respect of the suitability, honesty, reliability or character of the Nanny or how long the Nanny will remain employed by You and that it is Your entire responsibility to ensure that the Nanny is suitable for Your requirements.
6. You shall keep confidential the Nanny's personal details, including her name, address, telephone number and C.V.. Such details shall not be passed to any third party without our prior written consent. Any breach of this obligation, which results in the Nanny gaining employment elsewhere, shall render You liable to pay Us an Engagement Fee calculated in accordance with Clause 11 below. You undertake to destroy any confidential information relating to any Nanny supplied by Us within one week of You making an offer of employment to a Nanny other than the information relating to the Nanny to be employed by You or You deciding not to proceed with the selection process for a Nanny.
7. You shall be solely responsible for the tax and National Insurance payments of the Nanny from the Engagement Date and We shall have no liability in this regard.
8. You shall take up references in respect of the Nanny and You are responsible for obtaining work permits and/or any other permissions to work as may be required.
9. You shall immediately notify Us should the Nanny be introduced to You by a third party or if an introduction of a Nanny is made by Us when such Nanny is already known to You or has been introduced by another agency.
10. The engagement fee We charge is payable in full within 14 days which shall be issued by Us on the Engagement Date. Payment in full shall be made within 14 days of the date of Our invoice. The Engagement Fee shall be calculated in accordance with the following table of fees:
Temporary Engagement (Up to 3 months)
Maternity Nurse................£80.00 per week used
Temp / Nanny...............£55.00 per week used
Part-Time Nanny.......(3 days a week or less)
£500 or £450 for payment within 14 days
£800 or £750 for payment within 14 days
£850 or £800 for payment within 14 days
11. You shall be liable to pay the Engagement Fee to Us as set out in clause 10 above, should You engage a Nanny introduced by Us at any time and on any basis up to one year from the date of such introduction by Us or the date of Your interview of the Nanny, whichever is the latest.
12. Should You re-engage a Nanny previously introduced by Us at any time following termination of an Engagement whether on a full-time, part-time, permanent or temporary or other basis, You shall notify Us and a fee will be payable by You in accordance with clause 10 above.
13. In respect of a permanent engagement, subject to clauses 14, 15, and 16 below, should the Nanny leave Your employment within 28 days of the Engagement Date, We shall use all reasonable endeavours to find a suitable replacement. Should no such replacement be found within 3 months of the Engagement Date, then providing the Engagement Fee has been paid in accordance with the terms of clause 10 We shall refund a proportion of the Engagement Fee paid, as follows:
Where the Nanny leaves Your employment within 1 week of the Engagement Date: 50%
Where the Nanny leaves Your employment within 1 and 4 weeks from the Engagement Date: 25%
Where the Nanny leaves Your employment 4 weeks or more from the Engagement Date: no refund
14. No replacement will be found, nor refund made, in respect of an engagement terminated by You, or where the engagement is terminated by the Nanny as a result of unsatisfactory working or living conditions or a change in the job description previously agreed between You and the Nanny, or where You decide not to further employ a Nanny or substantially change the working conditions applicable to the position.
15. No refund will be made unless written notice is received by Us within 5 days of termination or cessation of employment, for whatever reason. Notice may be given by email providing this is confirmed by letter served by first class post.
16. We reserve the right to charge a compensation payment and statutory interest on the sum due in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).