At The Nurtured Child, we charge a comprehensive registration fees of 15% of the total placement fees. The registration fees will be deduced from the total placement fees payable after a position has been offered by the family and accepted by the candidate. Payment of the placement fees must be made within 7 days of raising the invoice to avoid any extra charges.
Terms and Conditions for Families
1. This Terms and Conditions Contract is between the agency (The Nurtured Child) and the client/family.
2. Acceptance of the Terms and Conditions is agreed by confirmation of registration with the agency and payment of the registration fees.
3. The client shall specify any requirements and responsibilities of the nanny in the registration form and the agency will introduce suitable candidates for the role as described by the clients themselves. The Nurtured Child Agency is entitled to vary the relevant placement fees to take account of any additional services requested by the client which were not included in the original registration form.
4. The client shall notify the agency about any offer made to a candidate. On agreement from the candidate, a placement fees will become payable to the agency. Temporary fees will be billed based on the initial placement duration requested and no adjustment will be made in the event of the client reducing this period. Fees not settled in accordance with The Nurtured Child Agency’s Terms and Conditions will incur interest at a rate of 8%.
5. If the client employs a candidate but does not notify The Nurtured Child Agency within 7 days, the fees payable will be subject to a 50% surcharge. If a candidate is solicited to work for the client with the intention of bypassing the agency’s fees then the client will be invoiced the fees chargeable at the time by The Nurtured Child Ltd for the relevant placement.
6. The client is responsible for providing the successful candidate with an employment contract explaining the working conditions, rights and responsibilities; this is agreed between the client and the candidate. The Nurtured Child Ltd can provide a template of employment contract to be used as a guide or point of reference if needed. After the signing of the contract by both parties, the client is obliged to submit a copy to The Nurtured Child LTD. This is in line with The Conduct of Employment Agencies and Employment Business Regulations 2003. The Nurtured Child LTD cannot be held responsible for any losses, injuries or death resulting from the negligence of nannies that are in the direct employment of clients.
7. The client is the direct employer and is therefore responsible for all the employer obligations.
8. All candidates are thoroughly checked by The Nurtured Child Ltd. The agency will make sure that every candidate should provide a minimum of two check-able references, an up-to-date DBS, an up-to-date first aid certificate and any relevant childcare qualifications that the job should require.
9. The client will not pass on details of any nanny to any third party and the introduction of a candidate to a client by The Nurtured Child Ltd, directly or indirectly, is confidential. If the client or anyone associated with the client, passes on an introduction to any other person/persons within six months of the candidate’s introduction to the client by The Nurtured Child Ltd, resulting in an employment of the candidate, the client shall be liable for payment of the fees as stated by the agency above.
10. At The Nurtured Child Ltd we know how important it is to find a suitable candidate and we will do our best to ensure that but we cannot be held responsible if any of the candidates employed by us becomes unsuitable, unreliable or acts in any unprofessional manner. The employment contract between the employer ( the family ) and the candidate will be needed to protect both parties.
11. As permitted by law The Nurtured Child Agency will take no responsibility for any loss, damage, delay, expense or compensation suffered by the client, arising directly or indirectly from an act or omission by any candidate introduced to the client by the agency.
12. In the event of your nanny being unable to attend work you can contact The Nurtured Child Agency and we will do our best to provide you with a temporary replacement for a period of up to one week at no extra cost. You just pay the replacement nanny directly each day.
13. A placement guarantee of 6 months is offered on permanent nannies with effect from the date employment commences. If a placement is terminated, by either party, within this 6 months period then The Nurtured Child Agency will, with reasonable endeavors, provide a suitable replacement nanny free of charge within a period of 28 days. This guarantee is only provided on the initial placement. The agency shall only be obliged to provide to the client 4 candidate profiles for the replacement. Such profiles will be selected based on information originally provided in the client’s registration form, in the event of the clients requirements having changed they should notify the agency as soon as possible. The agency accepts no liability and is not obliged to offer a replacement or any refund to the extent that the client finds the profiles unacceptable and does not want to engage any of the potential candidates. Temporary nanny placements will be guaranteed for a period of 1 month assuming that the placement is for a minimum of 2 months. In all instances the offer of the guarantee is dependent on the payment of the full corresponding fees on time and providing the agency with a signed copy of the relevant contract within 7 days of the commencement of employment.
14. In the event that two clients register together with the intention of entering into a nanny sharing arrangement the placement fees will be divided between the two families and both the families will be considered clients under this agreement, subject to the same benefits, duties and obligations. The fees is also divided if a client who already has a nanny approaches The Nurtured Child Agency seeking another family. In the event of a client who is seeking a nanny share requests the agency to source both a nanny and the other family our standard fees will be uplifted by 50% to reflect the additional effort required. The amount payable will continue to be split between both clients. In such situations reference to a client in this agreement will be deemed to include both families. The client and the second family shall be jointly and severally liable for any fees payable. In the event that the client or the second family default in payment of their share of any fees payable the agency shall be entitled to recover the outstanding sum from the other party as if that party had always been entirely responsible for the whole agency fees.
15. If the client uses the agency to gain a temporary nanny whilst a permanent nanny is being sought then the temporary fees will apply. The agency’s fees charged relate to one placement only. Where a candidate is placed on a temporary basis and the candidate’s employment is extended either beyond the original period of placement or the client subsequently re-employ the candidate in any capacity within 12 months from the date of the initial Introduction, the client undertakes to inform the Nurtured Child Agency within 7 days and is required to pay the difference between the original ‘temporary candidate’ fees charged and the amount that would have been payable had all the offers of work been made as part of the initial agreement.
16. In the event of a part time position (up to 30 hours / week ) becoming full time within 6 months of employment commencing, the difference between the full time and part time fees at the point of placement will become payable.
17. If a client offers a trial of longer than 1 day to a candidate the trial will be invoiced according to the terms of a temporary placement. In the event of the trial resulting in an offer of permanent employment the difference between the amount already invoiced and the relevant permanent fees will become payable with immediate effect.
If a candidate in permanent employment by a client does not remain in employment longer than four weeks or if the client terminates the employment no longer than six weeks after commencement, The Nurtured Child Agency will provide a partial refund of placement fees if all of the following conditions are met:
– The client paid the agency’s placement fees in full within 7 days of the date of the invoice.
– The client notified the agency within 5 days of the candidate’s termination.
– The client has provided the candidate, as well as the agency, with an employment contract and the working conditions remain as originally agreed.
– The Nurtured Child Agency was not able to find a suitable replacement to be employed by the client within four weeks commencing from the date of resignation / termination of the original candidate. (Note in the event of the clients requirements changing during this period the 4 week time frame will reset).
– The client has not mistreated the candidate or discriminated against them in any way.
– The client has not breached the contract of employment between the client and the candidate.
– The candidate was not dismissed by the client other than on just and reasonable grounds.
The amount refunded will be based on time elapsed between employment commencing and termination occurring as set out below:
– if termination occurs within the first 2 weeks – 75%
– after 2 weeks but before the end of the 4th week – 50%
– after 4 weeks but before the end of the 6th week – 25%
No refund will be given where the client retains the services of a candidate, even if client considers the candidate unsatisfactory, and no refund will be given in the event of the client withdrawing their offer of employment to the candidate prior to employment commencing.
Non discrimination and equal opportunities statement
The Nurtured Child is an equal opportunity nanny recruitment agency and will not discriminate in the referral of a job applicants on the basis of race, color, age, creed, national origin, sex, disability status, marital status or sexual orientation.
Childcare Setting Terms and Conditions
1. These terms and conditions shall represent a legally binding contract between the childcare setting, school, nursery (the “Client”) and The Nurtured Child LTD childcare agency (the “Agency”). All variations shall be agreed between the parties and supplied in writing. The verbal or written instruction by the Client to the Agency to submit suitable Candidates for work or for contact or for interview shall constitute acceptance by the Client of these terms and conditions. The term “Candidate” means a person introduced by the Agency. When placing permanent candidates, the Agency is acting as an employment agency as opposed to an employment business.
2. Fees are payable by the Client on the acceptance, either verbally or in writing, by a Candidate of a position with the Client, or on a placement of a Candidate at a Client (“the Engagement”). It is the responsibility of the Client to notify the Agency if a Candidate has been offered employment.
3. Fees are payable within 7 days from the date of the invoice submitted by the Agency and in any case prior to commencement of employment. The Agency reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period and in addition to reclaim any costs (including debt collector’s fees) incurred as a result of chasing for payment.
4. Fees are due in respect of each Candidate taking up an Engagement with the Client or as otherwise set out herein. The fees payable to the Agency by the Client for the Engagement of a Candidate is calculated in accordance with the fees schedule submitted with these terms or as advised at the time. If a Candidate returns to a Client at a future date or if a temporary engagement is extended then the appropriate additional fees shall become payable. In the case of a Candidate returning to a Client, this fees shall be the current full fees chargeable by the Agency for the relevant position. In the case of a temporary engagement being extended, the Client is referred to the Agency’s Terms and Conditions for supply of temporary staff.
5. All communication, whether written or oral and however communicated, shall be confidential between the parties. Should the Client pass on any information including, details of Candidates, or recommend a Candidate to a third party resulting in a booking of permanent temporary or part time childcare employment then the Client will be liable for the relevant full fees as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.
6. It is the obligation of the Client to immediately inform the Agency when a Candidate is introduced by the Agency who has already been introduced by a third party. If the Client does not so inform the Agency then it will be presumed that the introduction has been effected by the Agency and the relevant fees will become payable.
7. The Agency endeavours to provide the Client with only the most suitable Candidates, having performed all checks as required by law. However the final decision to employ a Candidate is the sole responsibility of the Client and the Agency does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and whether caused directly or indirectly from an act or omission of a Candidate introduced by the Agency. Similarly no warranty is offered in respect of the suitability, honesty, capability or character of any Candidate introduced by the Agency and employed by the Client. Candidates are not the employees of the Agency. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
8. If a Candidate who has been confirmed as a permanent placement with the Client either does not start employment or leaves within 6 weeks of starting employment with the Client then one free replacement will be provided, subject to the following conditions:
- the Agency is informed by the Client within 2 days of the termination of the employment
- the relevant fees has been settled in full within 7 days of the date of invoice and in any case prior to commencement of the position
- the booking has not been cancelled by the Candidate because of unreasonable demands by the Client; or unreasonable working conditions; or a lack of proper induction and training; or a change in the job description; or a change in location; or a breach of the employment contract (whether signed or not) or employment regulations (including pay)
- the Client is still intending to employ a teacher and the Agency is given 3 weeks to find a suitable replacement; and
- the Client does not use another agency or source during the 3 weeks to find a replacement.
Once one free replacement has been found, there are no further refunds or free replacements offered.
In the event that a free replacement cannot be found, the Agency at its discretion may refund the Client the following percentage of the original fees.
No refund will be given where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory, and no refund will be given where the Client withdraws their offer of employment to the Candidate.