Terms & Conditions of Business
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
- a Candidate introduced through the Agency has had an employment period extended or recontracted
The Client agrees that any employment arrangement with a Candidate introduced through KiwiOz Nannies Ltd. will generate agency fees payable immediately according to these Terms and Conditions of Business.
2. Agency Fees
2.1 Registration fee: There is a non- refundable £150 + VAT registration fee for all positions registered.
2.2 UK Placements incur a fee of 5 x the Candidate’s gross weekly salary + VAT. We have a minimum fee of £3000 + VAT for Permanent Placements.
2.3 Overseas Placements (outside UK): A flat fee of £5000 + VAT applies to permanent overseas placements regardless of the agreed salary.
2.4 Temporary/Babysitting fees:
Babysitting booking fee (after 7pm) £20 inc VAT per evening
Emergency/Same day BBS booking fee £35 + VAT per evening
Temporary nanny booking fee: £50 + VAT per day
Same day temporary nanny booking fee: £75 + VAT per day
Weekly booking fee: £159 + VAT per working week (Mon - Fri only)
Weekly booking fee: £199 + VAT per week (Mon- Sun)
3. Temporary/Babysitting Bookings
3.1 Any booking for less than 12 weeks in duration is considered a temporary booking. If a booking is for more than 12 weeks, it is classed as a standard booking.
3.2 A temporary booking must have the finish date of the role clarified upon registration. If a temporary or babysitting booking is extended in duration the Client is responsible for informing the Agency and is liable for the additional fees due as outlined in our Agency Fees (Section 2 of our Terms and Conditions of Business).
3.3 If a temporary nanny or babysitter introduced through KiwiOz Nannies Ltd. is offered additional employment, be that babysitting work, temporary nanny work or permanent employment, the Client is responsible for informing the Agency and is liable for the additional fees due as outlined in our Agency Fees (Section 2 of our Terms and Conditions of Business).
3.4 Temporary booking fees are due upon registration of the role.
For standard Placements, an invoice will be generated once an offer of employment has been made and accepted by the candidate and is payable within 7 days in order to confirm the booking. If payment has not been received within 7 days of the offer of employment, the Agency may resume the Nanny’s job search. If your Nanny begins her employment before payment has been received, the Agency reserves the right to charge the Client a 10% surcharge on the agreed agency fee per week until payment is received. Unpaid accounts will incur all collection costs. All agency fees are non-refundable.
Prompt payment must be strictly adhered to for the replacement guarantee to apply.
5.1 After an offer of employment has been accepted either verbally or in writing, if the Client cancels the employment giving 30 or more days’ notice (in writing) before the start date of employment, the agency reserves the right to charge 30% of the fee for the work incurred.
5.2 After an offer of employment has been accepted either verbally or in writing, if the Client cancels the employment giving 29 days or less notice (in writing) before the start date of employment, the full fee is payable, and one weeks’ salary is payable to the candidate.
5.3 After an offer of employment has been accepted either verbally or in writing, if the Nanny cancels the employment before the start date of employment for reasons outside of The Client’s control, the Agency will replace the original candidate and will offer another free replacement in accordance with and subject to clause 6 of these terms and conditions.
5.4 Temporary booking cancellation: After an offer of temporary employment has been confirmed, if the Client cancels all or part of the booking the fee paid will be forfeit. If less than 24hrs notice of the cancellation is given to the candidate (in writing), one full days’ salary is payable to the candidate. If the Nanny cancels the employment before the start date of employment, the Agency will offer one free replacement in accordance with and subject to clause 6 of these terms and conditions.
6. Refund and Replacement policy
6.1 The Agency has a comprehensive and successful replacement policy and does not offer refunds.
6.2 Whilst the Agency makes every reasonable effort to ensure the suitability of Candidates, Clients are strongly advised to extensively interview and take up references to their own satisfaction before employing a Candidate. The final decision on the suitability of the Candidate is the sole responsibility of the Client and the Agency cannot guarantee the suitability of a Candidate. The Agency offers no warranty for the character or suitability of a Candidate once an engagement has commenced.
6.3 The Agency offers one free replacement Candidate per permanent booking fee paid, providing the following conditions are adhered to:
a) The KiwiOz invoice has been paid by the Client as specified in clause 4.
b) The existing Candidate has been employed by the Client for a period of less than four months. Should the Client continue to employ the existing Candidate throughout their replacement search but in excess of the four month guarantee period, temporary fees will apply.
c) As per the Conduct of Employment Agencies Act and Employment Business Regulations 2003 the Client has provided the Agency with a copy of a signed employment agreement specifying the conditions of employment between employee and employer.
d) If the Client has terminated the employment, the Client has carried out a performance review prior to the end of the 3month probation period and has outlined the areas requiring improvement along with clarification of the acceptable level of performance in writing to both the Candidate and the Agency.
e) If the Client has terminated the employment, the Client has followed the disciplinary rules and procedure and dismissal procedure included as required by law in the employment agreement.
f) The Candidate has not left the position due to unreasonable demands, a change in the location originally required, breach or change of contract or job description, or verbal or physical abuse.
6.4 During your replacement search the Agency agrees to supply no fewer than three Candidate profiles for the Clients selection.
6.5 Replacement candidate profiles will be sent within four weeks of the Candidates’ departure from the position and will be sourced based on the original job description provided to the Agency by the Client.
6.6 The Agency is dedicated to sourcing suitable replacement candidates and has a very high success rate. However, we accept no liability if the Client deems the replacement Candidate profiles to be unacceptable.
The Agency is an introduction and booking agency only. Employees are not directly or indirectly employees of the Agency. The Client is the Employer and has final responsibility for ensuring the Candidate’s suitability for the role. Whilst the Agency makes every reasonable effort to ensure the suitability of Employees, Clients are advised to take up references and document checks 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.
As the Employer the Client is responsible for the administration and payment of the Candidates’ tax, pension and national insurance contributions.
All introductions made by KiwiOz Nannies are confidential. Clients introducing Candidates 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.
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. The Agency reserves the right to change these Terms and Conditions of Business without prior notification.
11. Public Liability Insurance
The Agency recommends that the Client ensures their Employee has current Public Liability insurance with a minimum limit of £1M.