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1. The Contract
The following agreement is between KiwiOz Nannies Ltd (‘The Agency’) and the Employer (‘The Client’).
These terms and conditions represent a legally binding contract between the Client or Employer and KiwiOz Nannies Ltd (‘The Agency’). The verbal or written instruction by the Client to the Agency to submit suitable candidates for contact or interview shall constitute acceptance by the Client of these terms and conditions, which are non- negotiable.
The term ‘Candidate’ means a person introduced by the Agency. The Client agrees to notify the Agency if a Candidate introduced through the Agency has been offered employment by the Client
2. Agency Fees
Daily Placements (including part day positions, mornings and afternoons):
Five weeks of the nannies weekly net salary + vat
Live In Placements:
Five weeks of the nannies weekly net salary + vat
Part Time Placements (1,2 and 3 full days per week):
Four weeks of the nannies weekly net salary + vat
There is a minimum placement fee of £400 + vat for part time placements
Temporary Placements:
Per working week for up to 12 weeks £80 + vat
Per day (incl. weekends) £35 + vat
Overseas Placements:
20% of the annual net salary plus VAT.
3. Permanent Placements
Any placement over 12 weeks in duration is deemed a permanent placement.
Payment for Permanent Placements
3.1 Invoices for permanent placements will be posted on confirmation of employment, and are payable within 14 days of receipt not on the start date of the placement.
3.2 The Agency reserves the right to charge the Client a 10% surcharge on the agreed agency fee on all accounts not settled within fourteen days of the invoice date.
Cancellations
3.3 After an offer of employment has been accepted a cancellation fee of 20% of the booking fee will be charged for an engagement cancelled by the client. If the nanny cancels the position then a full refund is given for any invoice paid.
3.4 If the Client changes the terms of employment originally agreed upon with the Candidate, and the Candidate chooses to leave the position, no refund will be given to the Client by the Agency.
3.5 After a placement has commenced:
a) should a Candidate leave early either at their own or the Clients discretion, the Client agrees to notify the Agency within 2 working days.
b) Refunds for permanent placements are given only if the invoice is paid as stated in clause 3.1.
Replacements for Permanent Placements
3.6 In the unlikely event of a placement not being a success within the first 12 weeks the agency will endeavour to find a free replacement within four weeks of the Nanny’s departure from the position.
Refunds for Permanent Placements
3.7 Should KiwiOz Nannies be unable to find a suitable replacement within the 4 week period and the clients make their own arrangements or cancel their replacement request, and the client has abided by the terms and conditions of business, then they would be charged 1/12th of the original placement fee for each week the nanny is in their employ.
3.8 After 12 weeks no refund will be payable. Clients continuing to employ a nanny or mothers help will be liable for the appropriate fee even if they claim that the nanny or mothers help’s work is unsatisfactory.
4. Temporary Placements
4.1 A temporary placement is a placement that does not exceed 12 weeks (or 84 days) in duration. If a Candidate is required to work for more than twelve weeks; the placement will be classed as a permanent position and will be charged for accordingly.
4.2 Fees for temporary placements are based on a 5 day working week not a 7 day week. A nanny hired for 7 days will be charged at 1 week plus 2 days.
4.3 Should a temporary placement be extended in length the Client is liable for the additional fee due.
Payment for Temporary Placements
4.4 Temporary placements are payable on confirmation, not on the start date of employment. Clients are expected to have paid the invoice in full before the employment period begins.
4.5 Payments up to £350 can be made via credit card or switch, or via bank account online. Payments larger than £350 will be invoiced and payable on receipt.
4.6 The Agency reserves the right to charge the Client a 10% surcharge on the agreed agency fee on all accounts not settled within fourteen days of the invoice date.
Refunds and Replacements for Temporary Placements
4.7 Any changes in the employment terms do not affect the produced invoice. The Client is liable for the full amount stated in the original invoice produced.
4.8 There is no refund for a temporary placement if the Client deems they do not require the services of the Candidate for the full employment duration originally confirmed.
4.9 If the Client is unhappy with the services of a Candidate provided through the Agency the Client agrees:
a) To advise the Agency immediately so the Agency can arrange a replacement
b) If the Agency is not advised of the problem by the Client, no refund will be given
c) If the Client retains the Candidate in employment, or refuses a replacement, no refund will given.
5. Liability
5.1 The Agency is an introduction and booking agency only- Employees are not directly or indirectly employees of the Agency.
5.2 Employees are always employed by the Client, except where the Employee elects to be self employed. The final decision on the suitability of the Employee is the sole responsibility of the Client.
5.3 The client shall be responsible for obtaining work permits if required, for the arrangement of medical examinations and/or investigations into the medical history of any applicant, and satisfy any other medical and other requirements or qualifications required by the law of the country in which the applicant is engaged to work.
5.4 Whilst the Agency makes every reasonable effort to ensure the suitability of Employees, Clients are advised to take up references to their own satisfaction, as once an engagement has commenced the Agency cannot be held responsible for any loss, damage, personal injury, clash of personalities or for any other circumstance that may arise beyond its control and which should be resolved between employer and employee.
6. Confidentiality
6.1 All introductions made by KiwiOz Nannies are confidential.
6.2 Clients introducing Nannies to third parties or passing on names, addresses, telephone numbers or e-mail details will be liable for the payment of our agency fees for any resulting engagement as if the agency had made the introduction, and these Terms and Conditions shall apply accordingly.
7. General
7.1 The Agency reserves the right to change these Terms and Conditions of Business without prior notification.
7.2 These Terms and Conditions of Business shall be governed by and construed in all respects in accordance with the laws of England and the Client agrees to submit to the exclusive jurisdiction of the English courts.
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