Definitions and Interpretation
i. The following definitions and interpretations apply to these Terms and Conditions of Business:-
a. Agency means Hopscotch Nanny Agency Ltd (trading as Hopscotch Nanny Agency) whose registered office is at 145 -157 St John Street, London EC1V 4PW.
b. Client means any person or family or third party appointed by such people to represent them, registered with the Agency.
c. Candidate means any person introduced by the Agency to a Client
d. Introduce, Introduced, Introduction means passing the name and/or personal information of a Candidate to a Client by whatever means.
e. Placement means an agreement between a Client and a Candidate that the Client will employ or use the services of the Candidate. Such agreement may be oral or in writing (whichever is the earlier) and shall have occurred whether or not a written contract is subsequently entered into.
f. Agency Fee means the charge made by the Agency to a Client for the introduction of a Candidate which results in the Placement of a Candidate with a Client.
ii. The headings in these Terms and Conditions of Business do not affect the interpretation or construction of the Terms and Conditions of Business.
iii. Unless the context otherwise requires the provisions of these Terms and Conditions of Business shall be construed as follows:
iv. The singular includes the plural and vice versa.
v. the masculine includes the feminine and vice versa
vi. If the client comprises more than one person those persons shall be jointly and severally liable in respect of all obligations and liabilities contained herein.
2. Agency Fees
i. Agency Fees are payable in respect of each Placement of a Candidate with a Client unless otherwise stated herein. It is the Clients obligation to immediately advise the Agency when an offer of employment is accepted resulting in a Placement.
ii. The relevant Agency Fee will be due immediately upon the Placement of a Candidate.
iii. Time is of the essence in respect of the payment of such Agency Fee and the Agency Fee is payable upon the earliest of:-
a. The commencement of a Candidates employment, or,
b. Within 14 days of the date of the invoice submitted by the Agency.
iv. A surcharge of 10% may be added to all Agency Fees not settled in accordance with paragraph 2(iii) above. Additionally the Agency reserves the right to charge interest on all outstanding amounts at the rate of 4% over the Bank of England base rate.
v. Provided payment of the Agency’s Fee is made in accordance with the relevant part of paragraph 2(iii) above a Client shall be entitled to the benefit of the refund policy referred to at paragraph 5 below.
vi. If a Client introduces a Candidate to a third party and as a result a Placement is effected between the Candidate and the third party the Client will, in any event, be liable to pay the Agency the appropriate fee as if they had employed the Candidate in accordance with these Terms and Conditions of Business.
3. Rate of Fees
i. Permanent Full Time Placements
- live in 6 weeks net salary.
- live out 5 weeks net salary.
ii. Permanent Part Time Placements
4 weeks net salary with a minimum fee of £400.
iii. Temporary Placements - Full or Part Time (that is a Placement of less than twelve weeks duration):-
1 week or less: £30 per day
1 week or more (or any part thereof): £120 per week
iv. Maternity Nurse
up to 1 week (or any part thereof): £40 per day
thereafter per week (or any part thereof): £160 per week
Annual booking fee: £150
Before midnight(rounded up to the next quarter of an hour): £10 per hour
After midnight(rounded up to the next quarter of an hour): £12 per hour
vi. If a Temporary or Part time Placement becomes Permanent or Full time an additional fee shall be immediately payable equivalent to the difference between the fee already paid and the fee chargeable by the Agency had the Placement originally been for the extended arrangement.
vii. If a Client re-employs a Candidate after the Candidates employment has ceased an additional fee shall be payable to the Agency at the relevant rate for a new Placement
viii. It shall be the Clients obligation to immediately notify the Agency of any re engagement of a Candidate or any extension of a Temporary or Part time Placement.
ix. If a Candidate is engaged on a trial basis (that is a period of up to four weeks) and the Placement does not become permanent then the fee chargeable will be calculated on the basis of a Temporary Placement. If the placement does become permanent then the balance of the fee for a permanent Placement is payable immediately upon the rendering of the Agency’s invoice.
x. If a maternity nurse is subsequently employed as a nanny, mothers help or housekeeper then a further fee shall be payable in accordance with the scale above.
xi. Where applicable VAT will be added to the above fee. (The Agency is not currently VAT registered)
xii. Any disbursements or expenses incurred by the Agency on a Clients behalf will be charged separately.
xiii. Payment of invoices shall be by cheque, debit card, Visa, Mastercard, or by electronic online banking.
4. Nanny Sharing
In the event a Candidate is placed on the basis of a Nanny Share the following provisions will apply in relation to the payment of the Agency Fee
i. When two Clients register together with the intention of entering into a sharing arrangement each Client shall be liable for 50% of the Agency Fee.
ii. When the Agency introduces two Clients seeking a Nanny Share and they subsequently employ a Candidate introduced by the Agency each Client shall be liable for 50% of the Agency Fee.
iii. When a Client who already has a nanny approaches the Agency seeking another family with which to share that nanny then that Client will be charged a fee of £500.00 for the introduction of the second family and the second family will be charged a fee of £500.00 for the introduction to the Client.
iv. The Client and the second family shall be jointly and severally liable for any Agency Fee payable. In the event the Client or the second family default in payment of their share of any Agency Fee 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 Fee.
Provided the Agency Fee has been paid in accordance with paragraph 2(iii) above and subject to the conditions set out at clauses (iv) and (v) below the following provisions shall apply.
i. Should a Client cancel a Placement between the time of agreement and the start date of such Placement 50% of the Agency Fee shall be payable in any event. Should the Agency have already been paid in full it will refund 50% of the fee within 14 days of being advised of the cancellation.
ii. Should a Candidate fail to take up a position following a placement no Agency Fee will be payable provided the Client advises the Agency, in writing, within 7 days of the failure. Should the Agency have already been paid a full refund will made within 14 days of the Agency being advised of the Candidates failure.
iii. If after the commencement of employment the employment is terminated within 56 days of its commencement provided:-
a. The Agency is advised, in writing, by the client within 7 days of the termination and stating the reason and,
b. The Agency is given 4 weeks, from the date of the advice of termination being given, to introduce a suitable replacement Candidate to the Client. The Agency will make a refund as follows-
if termination occurs within 0-14 days: 100% of the Agency fee
if termination occurs within 15-28days: 60% of the Agency fee
if termination occurs within 29-42 days: 40% of the Agency fee
if termination occurs within 43-56 days: 20% of the Agency fee
A Placement is deemed satisfactory after 56 days and no refund will be payable should a Candidates employment be terminated after that day.
iv. Irrespective of clauses 5(i) to (iii) above in the event a Placement fails as a result of the Candidate not commencing employment or that employment being terminated within 56 days no refund will be paid if:-
a. The Candidate failed to commence employment because of unreasonable demands by the Client.
b. The Candidate has left because of unreasonable working conditions, demands or treatment or a change in the terms of employment to those originally offered at the time of Placement, or a change of location.
c. The Client does not request a replacement Candidate.
d. The Client employs a replacement Candidate from a third party during the 4 week period mentioned at clause 5(iii)
e. The Clients employment specifications change from those originally provided.
f. The Client retains the services of a Candidate even though the Client considers the Candidate unsatisfactory.
g. No refund will be paid if a Temporary Placement is terminated before the conclusion of the agreed period of employment.
i. Completion of a Registration Form is deemed to be an acceptance by the Client of these Terms and Conditions of Business.
ii. These terms and Conditions of Business are not negotiable.
iii. The Agency is an introductory and booking agency only.
iv. Candidates are not direct or indirect employees of the Agency.
v. Once a Candidate commences employment they become the employee of the Client (unless they elect to be self employed) and the Client is solely responsible for the payment of their salary, including any National Insurance Contributions or Income Tax payable, and the Agency Fee forms no part of that salary.
vi. The Client shall be responsible for arranging or ensuring the validity and suitability of any medical certificates, work or immigration permits, health or professional negligence insurance required by him or as a result of the employment offered by the Client to the Candidate.
vii. Whilst the Agency makes all reasonable efforts to ensure the suitability of Candidates by checking their references and credentials the Agency does not and cannot warrant the accuracy of that information. Clients are advised to check the Candidates references and credentials themselves. The final decision as to the suitability of a Candidate and whether to employ them is solely that of the Client that must satisfy themselves in this respect.
viii. The Agency shall not be liable and cannot under any circumstances accept responsibility for the acts and omissions of any Candidate introduced nor for any costs, claims, losses, damage, expenses or injury to person or property howsoever arising there from.
ix. Nothing in these Terms and Conditions of Business limit or exclude the liability of the Agency for:-
a. death or personal injury resulting from negligence, or,
b. any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Agency but the limit of the Agency’s liability shall not exceed the fee paid by the Client.
x. All introductions made by the Agency are confidential.
xi. The Agency reserves the right to amend these Terms and Conditions of Business at any time without prior notice.
xii. These Terms and Conditions of Business are governed by and construed in all respects in accordance with the law of England and Wales and the Client agrees to submit to the exclusive jurisdiction of the English courts.