French Nanny Agency UK Terms and Conditions of Business
These Terms and Conditions of Business set out the basis on which we will provide our Services to you and will be deemed to have come into effect when we confirm acceptance of your Instructions either orally, in writing or by email to the you and/or you verbally instruct us to submit suitable applicants to you for engagement.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Services to you and what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
The headings in these Terms and Conditions of Business are for convenience only and do not affect the interpretation or construction of them.
1. DEFINTIONS AND INTERPRETATION
1.1 The following words and expressions shall have the following meanings (unless the context requires otherwise):
“Admin Fee” means the sum of £50.00 payable by the Client to the Agency in accordance with clause 9.
“Agency” means French Nanny Agency UK, a trading name of Lamya Lehchili, trading at 54 Stonewood, bean, DA2 8BY
“Agreement” means the agreement between the Agency and the Client for the provision of the Services incorporating these Terms and Conditions
“Applicant” means a person introduced by the Agency to the Client to be considered for an Engagement in respect of the Services
“Client” means person, including any family connections of such person, or company who contacts the Agency with the aim of Engaging an Applicant and for whom the Agency has agreed to provide the Services in accordance with these Conditions
“Cooling Off Period” means the cancellation period pursuant to statutory legislation of 14 days after the day on which a contract was entered into
“Confidential Information” means all personal and business information about the parties to this Agreement
“Engagement” means the employment, hire or other use, directly or indirectly and whether under an agreement of service or Agreement for services or otherwise, and on a permanent, temporary or other basis, of an Applicant, by or on behalf of the Client, whether or not that agreement is in writing but in any case, where the Client provides remuneration (whether monetary or otherwise) to the Applicant
“Engagement Commencement Date” means the date on which the Applicant’s Engagement with the Client commences
“Instructions” means the instructions and information provided by the Client setting out its requirements, including full, clear and detailed job description, any ancillary work or tasks required, proposed period of engagement and schedule required from the nanny/Au Pair
“Services” means the services provided by the Agency to the Client in accordance with these terms and conditions and, in particular, pursuant to clause 3
“Service Fee” means the fee payable to the Agency by the Client for either the 16 Week Replacement Option or the 28 Week Replacement Option, specified in and payable in accordance with clause 9
1.2 In this Agreement, unless the context clearly states or requires otherwise:
1.1.1. the expression “we”, “us” and “our” mean or refer to French Nanny Agency UK
1.1.2. the expression “you” and “your” mean or refer to the Client
1.1.3. reference to a person includes a human, corporate entity and any organisation
1.1.4. if any party comprises more than one person, all obligations of that party shall be construed as joint and several
1.1.5. words importing any gender shall be interpreted to mean any or all genders
1.1.6. the singular means the plural and vice versa
1.1.7. a month means a calendar month
1.1.8. a week means seven consecutive days
1.1.9. in writing includes via email
2. ABOUT US
We are French Nanny Agency UK, a business established in England and Wales, owned and by Lamya Lehchili. who founded the business after 12 years hands on experience working as a nanny herself after having studied for and obtained a degree in childcare.
3. OUR SERVICE
3.1 The Agency endeavours to assist families in the UK in their search for a French or Bi-Lingual (French/English) speaking nanny or Au Pair.
3.2 The Agency can provide Applicants for the following work schedules:
3.2.1 Full or part time Nanny
3.2.2 Live in or live out Nanny
3.2.3 After-school Nanny
3.2.4 Weekend Nanny
3.2.5 Temporary Nanny
3.2.6 Au Pair
The Applicants may also provide ancillary services, such as housekeeping, in addition to normal nanny duties.
3.3 The Client must provide the Agency with the Instructions before the Agency commences the services within this clause. Any requirements specified which are unreasonable or constitute discrimination will not be considered part of the search criteria.
3.4 The Agency agrees to provide the services in this clause in consideration of the relevant payments provided at clause 9.
3.5 Upon receipt of the Admin Fee from the Client and the Client’s Instructions, the Agency shall use its reasonable endeavours to arrange up to 5 interviews for the Client with suitable Applicants.The interviews can take place in person, by telephone or via Skype, as suitable for both the Client and the Applicant.
3.6 If the Client amends the Instructions at any time after payment of the Admin Fee, the Agency may charge a further Admin Fee.
3.7 If an Applicant is suitable for the Client, it is the Client’s responsibility to negotiate the terms of engagement with the Applicant, including but not limited to the number of hours per week, live in/out, hourly pay, free time, responsibilities and ancillary services.
3.8 Before the Applicant is engaged, the Client must select one of the following recruitment packages:
• initial recruitment service and free replacement during the period of 16 weeks commencing on the Engagement Commencement Date (“16 Week Replacement Option”); or
• initial recruitment service and free replacement during the period of 28 weeks commencing on the Engagement Commencement Date (“28 Week Replacement Option”).
3.9 The replacement service provided by the Agency is subject to the provisions of clause 10.
3.10 The Admin fee and Service Fees are payable by the Client to the Agent in accordance with clause 9.
3.11 Written consent from an Applicant is required in order for the Agency to be able to share sensitive personal data with third parties under the General Data Protection Regulations, which is why we are sometimes unable to share this data.
4.1 The Agreement between the Agency and the Client incorporating these Terms and Conditions of business will only come into existence when the Agency confirms acceptance of the Client’s instructions be it orally or in writing to the Client.
4.2 The Agency reserves the right to vary the terms of this Agreement and/or the way it provides the Services by way of written notification to the Client who shall consent to such changes (such consent shall not be unreasonably withheld or delayed) stating the date such amendments will take effect.
4.3 This Agreement constitutes the entire Agreement between the parties and supersedes all previous agreements, understandings and arrangements between them, whether written or oral in respect of its subject matter.
4.4 Nothing in these Terms and Conditions of Business shall prejudice any condition or warranty, either express or implied, or any legal remedy to which the Agency may be entitled in relation to the Services, by virtue of any statute, law or regulation.
4.5 The Client acknowledges that it has not entered into this Agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Agreement.
4.6 Nothing in this Agreement purports to limit or exclude any liability for fraud.
4.7 By providing Instructions to the Agency, and receiving the terms and conditions, the Client acknowledges and accepts these terms. Any and all business is undertaken by the Agency istransacted subject these conditions.
4.8 These Conditions apply to the Agreement to the exclusion of all other terms and conditions and shall supersede any other documentation or communication between the Client and the Agency.
4.9 These Conditions shall apply to both permanent and temporary positions unless otherwise stated.
4.10 The Client acknowledges that he understands exactly what is included in the Services and is satisfied that the Services are suitable and satisfactory for his requirements and the Instructions.
5. RELATIONSHIP BETWEEN THE PARTIES
5.1 Nothing in this Agreement shall create a partnership or agency or the relationship of employer and employee, or other relationship between any of the parties, other than the contractual relationship expressly provided by this Agreement.
5.2 The Agency has no part, contractual or otherwise, in any arrangement between the Client and the Applicant and is not an agent in law for any person.
5.3 Neither party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf, except as expressly agreed in this Contract.
6.1 Where the Client enters into this Agreement has aconsumer, the Client may cancel the Agreement by informing the Agency in writing within fourteen calendar days of the date of the Agreement (‘the Cooling Off Period’).
6.2 The Agency is under no obligation to commence the provision of the Services until after the expiry of the Cooling Off Period although the Client may request that the Agency begins the supply of the Service before the end of the Cooling Off Period.
6.3 If the Client requires the Agency to provide the Services sooner than the expiry of the Cooling Off Period he must instruct the Agency to do so in writing and will be taken to have waived his right to cancel.
7. OBLIGATIONS OF THE CLIENT
7.1 The Client accepts that the Services are only for the purpose of assisting families to find suitable childcare and therefore holds no employer responsibility for any Applicant whether introduced on a permanent or a temporary basis.
7.2 The Client is responsible for providing the Agency with clear Instructions relating to the proposed Engagement and in doing so confirms that the information is accurate and complete.
7.3 Where the Client requires an Applicant to possess particular skills and/or qualifications it is the Client’s responsibility to notify the Agency of this whenproviding the Instructions.
7.4 If the Client requires the Applicant to travel as part of their Engagement, be it domestic or international, it is the Client’s responsibility to notify the Agency of this when placing his request and it will be his responsibility to pay the Applicant’s travel costs including accommodation, medical and travel insurance, car insurance (if necessary) and to provide food and drink unless otherwise agreed and set out in writing.
7.5 The Client agrees to satisfy himself as to the suitability of an Applicant generally and to, but not limited to:
7.5.1 the information provided in good faith by the Agency regarding the character profile of an Applicant;
7.5.2 any information provided in good faith by the Agency according to clause 8.1 of this Agreement;
7.5.3 ensuring the Applicant is legally permitted to drive if the Client so requires; and
7.5.4 ensuring the Applicant has the relevant medical certificates if necessary.
7.6 The Client shall not discriminate against any Applicant and shall comply with the provisions of any anti-discrimination legislation including but not limited to the Equality Act 2010.
7.7 The Client shall inform the Agency immediately, in writing, of serious dissatisfaction with the performance or conduct of the Applicant.
7.8 The Client agrees to inform the Agency if an Applicant introduced by the Agency has already been introduced by a third party. If the Client fails to inform the Agency and the Applicant is engaged, it will be presumed that the introduction was effected by the Agency and the Client shall be liable to pay the Service Fee to the Agency.
7.9 The Client shall pay all fees in accordance with clause 9.
7.10 The Client will comply with UK employment and tax law, including, but not limited to the provision of a contract of employment, payslips, correct deductions for tax and national insurance, as well as any pension contributions, if the Applicant is eligible.
7.11 Where an Applicant is to be engaged on a self-employed basis, the Client is responsible for confirmation that the Applicant is eligible for self-employed status and should request documentation confirming self-employed status.
7.12 The Client is responsible for ensuring that he holds any such liability insurances that are necessary for the purpose of the Engagement of an Applicant.
7.13 The Client is responsible for satisfying himself that the Applicant holds public liability insurance if required.
7.14 If the Client or a member of the Client’s family or any acquaintance or associate of the Client, passes on the details of an Applicant to any other person or persons within 12 months of the Applicant’s introduction to the Client by the Agency, resulting in Engagement of the Applicant, the Client shall be liable for payment of the relevant Service Fee in full in accordance with clause 9.
7.15 The Client is responsible for the instruction and direction of the Applicant and is responsible for ensuring that the Applicant clearly understand the needs of the Client’s children and expected duties.
7.16 During the Client’s Engagement of the Applicant, the Client will ensure that the Applicant is provided with a suitable and safe working environment which in no way may compromise and affect the welfare of the Applicant and will ensure that the place of work is clean and hygienic and complies with appropriate health and safety laws.
7.17 For live–in positions, including Au Pair roles, the Client must ensure it has adequate household insurance to protect the Applicant’s possessions; and that suitable accommodation is provided to the Applicant, including, without exception, a bedroom of the Applicant’s exclusive use and access to a bathroom.
7.18 The Client agrees that for the purpose of providing the Services, the Agency can use any method to find a suitable Applicant or to advertise vacancies, including but not limited to using the Internet.
7.19 The Client agrees not to enter into any relationship with the Applicant that may be detrimental to the interest of the Agency during this Agreement or within one year from the date of its termination.
7.20 Any information provided by the Agency to the Client regarding Applicants should be treated as strictly private and confidential and must not be passed, directly or indirectly, onto any other person.
8. OBLIGATIONS OF THE AGENCY
8.1 The Agency shall carry out its obligations with reasonable skill and care and to a reasonablestandard and in accordance with recognised codes of practice and relevant statutory obligations.
8.2 Subject to clause 8.3, the Agency shall use reasonable endeavours to ensure that prior to Engagement, all Applicants have:
8.2.1 a current UK DBS certificate or the French equivalent (which is valid for at least 6 months from the date they enter the UK);
8.2.2 paediatric first aid training to UK and/or French standards;
8.2.3 any necessary permits and documentation to work in the UK; and
8.2.4 at least two referees.
8.3 The provisions of clause 8.2 shall not apply to Au Pair Applicants.
8.4 The Agency will inform the Client of the status of each of the documents set out in clause 8.2 prior to any decision by the Client to engage, for example, if a DBS is yet to be received at the time an offer is made, the Agency shall recommend that an Engagement does not commence until a satisfactory DBS has been received.
8.5 If the Client commences Engagement before the Agency has been able to inform the Client on the status of each document as set out in clause 8.2, the Agency accepts no responsibility for any detriment or loss arising to the Client and for the avoidance of doubt the relevant Service Fee will still be payable.
8.6 The Agency will endeavour to ensure the suitability of Applicants based on information provided by them to the Agency but will offer no warranty as to an Applicants character. All responsibility for ascertaining suitability of an Applicant for Engagement remains with the Client.
8.7 While the Agency will make reasonable efforts to ensure reasonable standards of skills, integrity and reliability in the Applicants and to comply with the Client’s Instructions, the Client accepts and agrees that the Agency gives no warranty as to the suitability of any Applicant for any task/work required by the Client or the Instructions.
8.8 The Agency will take all reasonable steps to introduce Applicants who are suitable based on the information the Client provided but does not guarantee, nor offers no warranty or representation, either expressly or impliedly in respect of such.
9. PAYMENT OF FEES
9.1 The Client shall pay the £50 Admin Fee prior to the Agency commencing the Services.
9.2 The Client shall pay the following Service Fees:
9.2.1 £750.00 for the 16 Week Replacement Option; or
9.2.2 £950.00 for the 28 Week Replacement Option.
9.3 The replacement service is subject to the provisions of clause 10.
9.4 The relevant Service Fee will become payable on the day the Engagement Commencement Date.
9.5 for either the sixteen week or twenty eight week Engagement shall become due upon a Client making an offer to engage an Applicant.
9.6 Where the Agreement does not lead to the Engagement of an Applicant then the Service Fee will still be due upon expiration of the relevant package.
9.7 Once the Agency has raised an invoice the Client must pay within 5 working days of the date on which it was raised in Pounds Sterling via bank transfer or any other method as agreed between the parties.
9.8 The Agency reserves the right to charge the Client interest in respect of any late payment of any sum due under this Agreement at the rate of 4% per annum above the base rate of the Bank of Englandfrom the date due until receipt of cleared payment and the Client acknowledges that Agency reserves the right to take any lawful actions to recover any debt arising from non-payment.
9.9 If an Applicant is solicited to work for a Client or any other person via an introduction via the Client, with the intention of bypassing the Agency, the Client will be invoiced for the full Service Fee as if there had been no such intention.
9.10 Any Service Fee payable under this Agreement does not form any part of the salary payable by the Client on Engagement of an Applicant.
10. REPLACEMENT APPLICANT
10.1 The Agency shall not provide a replacement Applicant in accordance with the provisions of clause 3 unless the Client fulfils the following conditions:
10.1.1 the Client has informed the Agency, in writing, within 48 hours of termination of the current Engagement;
10.1.2 the Client has paid the Service Fee and had done so within five days of the invoice date;
10.1.3 the terms of the Engagement have not changed from the full, detailed job description as supplied by the Client at the outset of the Agreement;
10.1.4 the Applicant did not resign or the Client did not terminate due to unreasonable demands being placed upon the Applicant by the client;
10.1.5 the Client is not in breach of any UK employment law and/or contract with the Applicant;
10.1.6 the Client does not retain the services of that Applicant in any other manner after using these provisions;
10.1.7 the Client gives the Agency 6 weeks to find a replacement; and
10.1.8 the Client has not sought the assistance of any other agency or attempted to engage otherapplicants by any other means.
10.2 If at the Agency’s discretion the Client has fulfilled the conditions set out above, then it shall provide a replacement Applicant on the following terms only:
10.2.1 the Agency will conduct a search for a periodnot exceeding 6 weeks after receiving notification of termination; and
10.2.2 the Agency agrees to offer a maximum of 5Applicant profiles for the purpose of the replacement promise.
10.3 For the avoidance of doubt, an Engagement will be deemed to be satisfactory unless within 16 weeks (for the 16-week option), or 28 weeks (for the 28-week option), the Agency is notified to thecontrary. The Agency will not be obliged to offer a replacement after the expiry of the relevant time period.
10.4 Where the Agency exercises the replacement ofan Applicant under these provisions, the Client will no longer be eligible for a replacement Applicant after the first Applicant has been replaced.
11.1 The Agency may terminate this agreement at any time without notice, for any reason, with immediate effect by sending notice in writing to the Client to that effect.
11.2 Any termination of this Agreement shall be without prejudice to any other right or remedy that either party may be entitled to.
11.3 There shall be no reimbursement to the Client if the Agency decides in its absolute discretion to terminate this Agreement on the basis that the Client has failed to comply with any of the terms.
12.1 Any notice to be given by any party to the other according to any provision within this Agreement may be served by email, personal service or by post (first class or recorded delivery) to the address of the other party given by them at the time of registration or such other address as such party may from time to time have communicated to the other in writing.
12.2 If sent by email, unless the contrary is proved, the notice shall be deemed to have been served on the day it was sent.
12.3 If sent by first class postal service then any notice shall be deemed to have been delivered the second working day following posting.
12.4 If delivered personally then any notice shall be deemed to have been served at such time that the personal service is effected.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. DISCLAIMERS AND LIMITATION OF LIABILITY
14.1 The Client acknowledges that the decision to engage an Applicant is the sole responsibility of the Client and the Agency gives no warranty as to the completeness, accuracy and truth of any Applicant’s profile which are compiled by the Agency and given by them in good faith. Therefore the Agency accepts no liability for any loss, damage, expense or compensation suffered or incurred by the Client arising directly or indirectly from an act or omission by any Applicant introduced to the Client by the Agency.
14.2 Nothing in these Terms and Conditions shall exclude or limit liability of the Agency for the death or personal injury, however, the Agency shall not be liable for any direct loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Agency in the insurance year in which the Client’s claim is first notified to the Agency and/or insurer.
14.3 Neither party shall be liable for any failure or delay in performance of this Agreement which is caused by circumstances beyond its reasonable control.
If any terms or provision of these Terms and Conditions of Business is held to be invalid, illegal or otherwise unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remained of the provisions shall continue in full force and effect as if these Terms and Conditions of Business had been agreed without the invalid, illegal or otherwise unenforceable provision eliminated.
The Client is not permitted to assign its rights or obligations under this Agreement without the prior written consent of the Agency.
17. THIRD PARTY RIGHTS
This Agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999, or otherwise.
The failure of either party to enforce at anytime or for any period any one or more of these Terms and Conditions of Business shall not amount to a waiver of them or of the right at any time to subsequently enforce any or all of the Terms and Conditions.
19. IF THERE IS A PROBLEM WITH OUR SERVICE
19.1 We understand the importance of the service you are seeking and therefore wish to offer you the best service we can. Therefore, if you are unhappy about the service you have received and wish to complain about the Agency we ask that in the first instance the complaint should be put in writing to Lamya Lehchili. You can write to us at 54 Stonewood, Bean, DA2 8BY or email firstname.lastname@example.org.
19.2 In the event of any dispute between the parties to this Agreement, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in any method deemed appropriate in the circumstances prior to commencing litigation.
19.3 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
• You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• If you have not agreed a price beforehand, what you are asked to pay must be reasonable.
• If you have not agreed a time beforehand, it must be carried out within a reasonable time.
20. GOVERNING LAW
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 Courts of England and Wales.