TERMS AND CONDITIONS By accessing and using these Services, you accept and agree to be bound by the terms and conditions of this agreement. In addition, when using these services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in these Services will constitute acceptance of these terms and conditions. If you do not agree to abide by the above, please do not use these Services.

  1. In these Terms and Conditions the following definitions apply:

 Agency” means Empire Nannies&Housekeepers Ltd. (company number 09909256) whose registered office address is 80-83 Long Lane, London, EC1A 9ET “Agency Fee(s)” means the relevant fee(s) payable to the Agency for the Services. “Candidate(s)” means a person/people introduced by the Agency to the Client as requested for the purposes of employment as a nanny (night, daily, holiday or overseas), nanny/housekeeper, maternity nurse, child-friendly housekeeper, housekeeper, on either permanent or temporary basis, whether full-time or part-time. “Client(s)” means the person/people named on the Client Vacancy Description and in Agency’s database for whom the Agency has agreed to provide the Services in accordance with these Terms and Conditions. “Client Vacancy Description” means the form completed by the Agency using the details provided by the Client and sent to the Client with these Terms and Conditions, or the form filled in by the Client(s) themselves. “Terms and Conditions” means the terms and conditions of supply of Services, as set out herein, and any subsequent terms and conditions agreed in writing between the Agency and the Client. “Introduction” means providing the Client with Candidates’ profiles, or other details and information in relation to Candidates, by the Agency, which include:  

  1. the Client’s interview(s) of the Candidate(s) in person, by telephone or by Skype, following the Client’s verbal or written instruction to the Agency to search for Candidate(s); or
  2. the passing of the profile or other information which identifies the Candidate(s) to the Client by the Agency via telephone, fax, email, post or otherwise.

  “Services” means the services provided by the Agency to the Client as described in these Terms and Conditions (please refer to chapter 3.)   “Engagement” means the engagement, employment or use of any services of the Candidate(s) by the Client or any third party on either permanent or temporary basis. *Unless the context requires otherwise, references to the singular include the plural.  

  1. Agreement:

 

  1. The Agency undertakes business on the following Terms and Conditions which shall represent a legally-binding contract between the Agency and the Client.
  2. These Terms and Conditions should be read in conjunction with the schedule headed “Agency Fees and Charges” which forms part of these Terms and Conditions.
  • No variation or alteration to these Terms and Conditions shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client duly signed by a Director of the Agency stating the date on or after which such varied terms shall apply.
  1. The Agency is not an employer of the Candidate(s) but acts as an Introduction agent of the Candidate(s) to the Clients.
  2. The Client will be deemed to have accepted the Agency’s Terms and Conditions:
  • ideally before the introduction takes place
  • ideally in writing (via email, post, text message, social sites message, and others) or verbally (over the phone, Skype, FaceTime, face to face, and others)
  • in the situation where the Client decides to proceed with the Introduction of the Candidate(s) despite from the lack of written or verbal indication of the agreement to these Terms and Conditions

 

  1. The Agency cannot guarantee that the Candidate(s) will complete his or her proposed length of Engagement.

 

  1. Services:

 

  1. The Candidate(s) are introduced by the Agency on the basis that should the Client wish to use their services, and Agency shall use reasonable endeavours to introduce to the Client the Candidate(s) considered suitable to be Engaged by the Client, as per specified in the Client Vacancy Description.
  2. The Agency shall proceed with its obligations to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations. The Agency is run by experienced recruitment consultants.
  • Based on recruitment experience the process leading to the Engagement between the Client and the Candidate(s), where not interrupted by emergency situations from the Client’s or the Agency’s side, lasts up to 4 calendar weeks (28 calendar days), where the Agency introduces minimum 3 and maximum 10 Candidates who meet the Client’s requirements in relation to vacancy, personality features and reasonable travelling distance. In the situation where the process leading to the Engagement lasts for more than 4 calendar weeks (28 calendar days) a refundable deposit of £200 must be paid, within 7 calendar days, by the Client, which deposit will be returned to the Client after the Engagement takes place; the deposit covers expenses involved in overdue search for suitable Candidates; the deposit becomes non-refundable in the situation where the Engagement does not take place due to cancelation of the Agency Services by the Client. The deposit does not apply in situation regarded as emergency situations (stay at the hospital of the Client or members of the closest family, involvement of the Client or the closest family members in any accident leading to serious physical injuries, death of the Client or any of the members of his/her closest family) or the lack of provision of the Candidate(s) by the Agency; emergency situations must be proven by providing the Agency with written letters from official bodies; the closest members of the family include wife, husband, spouse, children; long working hours, business trips, trips on holidays or similar are not regarded as emergency situations. In the situation where the Client decides not to proceed with the process leading to Engagement before the 4 calendar weeks (28 calendar days) passes, but decides to start the process leading to Engagement again within 4 calendar weeks (28 calendar days) from the date of cancellation of the previous process leading to Engagement, in regards to the same or similar vacancy the refundable deposit of £200 must be paid, within 7 calendar days, by the Client, which will be refunded to the Client after the Engagement takes place.
  1. The Agency will use reasonable endeavours to introduce the Candidate(s) to the Client who are of sound character and meet Client’s requirements but cannot guarantee the suitability of the Candidate(s) introduced to the Client. The Agency uses all reasonable endeavours to ensure the suitability of the Candidate(s) for Introduction to the Client and will carry out suitable background checks on the Candidate(s). However, the final responsibility for engaging the Candidate(s) lies with the Client. The Client is strongly advised to obtain their own references to satisfy themselves of the Candidate(s)’ suitability. The Agency does not directly employ the Candidate(s). The Agency is able to insist upon Disclosure and Barring Service (DBS) checks and the Agency advises all the Candidates to undertake a CRB/DBS check. It is the Client’s responsibility should they decide to engage the Candidate(s) who does not have a current CRB/DBS check, or who are in the process of applying for a CRB/DBS check. The Agency will advise the Client of the CRB/DBS status of the Candidate(s).
  2. Time for commencement shall not be of the essence and the Agency shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
  3. The Client is offered the opportunity to trial the Candidate(s) for 2 days FREE of charge, and afterwards a fee of £20 per full day or £90 per week (up to 6 days) applies. The Client is responsible for paying the Candidate(s) directly for the hours worked during the trial at the hourly sum agreed between the Client and the Candidate(s). The Client must confirm dates of trial in writing via email, even if these are only the 2 days free of charge. Should the Candidate(s) be Engaged with the Client on a permanent or temporary Engagement then the Agency will discount the trial fee from the final permanent or temporary Engagement fee. Should the Candidate(s) be unsuccessful after the trial then the fee for the trial will not be refunded. Should the Client decide to trial more than one Candidate, only the trial fee for the Candidate(s) offered the Engagement will be refunded, and only if the Candidate(s) accept the Engagement with the Client.
  • The Client is offered the opportunity of 3 months of guarantee from the date of commencement of the Engagement, during which the Client is entitled to 1 free replacement, providing the reasons for the breakage of the Engagement are reasonable.
  • Returning Clients are offered the opportunity of 15% of discount when committed to search for another Candidate through the Agency. Returning Clients are Clients who in the past Engaged the Candidate(s) after the Introduction organised via Agency and made full payment for the Engagement before the due date.
  1. The Agency shall not accept any Liability under any circumstances for any Losses (whether direct, indirect or consequential or otherwise) incurred or suffered by the Client, the Client’s dependents, or any other person, arising out of any alleged or actual acts or omission of the Candidate(s) or of the Agency. The Client shall indemnify and hold harmless the Agency and its Personnel against all Liability and Losses. For the purposes of this clause “Losses” means demands, expense, damage, delay, claims, awards, costs, compensation and any other losses and expenses including legal fees. “Liability” means liability in contract, tort, breach of statutory duty or otherwise. “Personnel” includes directors, officers, employees, agents, shareholders and representatives. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising directly from its own negligence.

 

  1. Client’s responsibilities:

 

  1. The Client will employ the Candidate(s) directly in accordance with the prevailing employment legislation including without limitation paying the Candidate’s Tax and National Insurance contributions (unless the Candidate(s) provide written evidence that they are self-employed); the Client is responsible for providing a suitable working environment which does not compromise the health and safety of the Candidate(s).
  2. The Client undertakes to inform the Agency of any offer of any Engagement to the Candidate(s) including the start date of the Engagement. The Client must agree with the Candidate(s) prior to the commencement of the Engagement details of all material terms including duties, pay, hours and place of work, holidays and notice period. The Agency will assume that all details of the Engagement have been agreed between the Client and the Candidate(s) unless the Client informs the Agency in writing to the contrary prior to the commencement of the Engagement.
  • When confirming temporary or maternity Engagements, the Client should detail at the outset the length of the Engagement. The full fee applicable to the length of the booking will be invoiced on confirmation of the Engagement. Should the Engagement be extended by the Client, or the Candidate(s)’ services be used again at any time after of the termination of the previous Engagement, a further fee will be payable. The Client agrees to notify the Agency of any such changes. Equally, should an initial temporary or maternity Engagement result in a permanent Engagement the temporary fee shall be payable until the end of temporary commitment, and the permanent fee shall be payable from the date it commences, minus the Agency Fee originally paid for the temporary position. The Agency’s fee is specific to the Introduction of an individual Candidate. Any subsequent Introduction or Engagement of further Candidate(s) shall be subject to a further fee.
  1. Records of all Introductions are kept by the Agency. The Client undertakes to inform the Agency immediately should the Agency introduce the Candidate(s) whose details have already been introduced to the Client from another source. If the Client fails to do so and an offer of Engagement ensues, the Introduction fee will be payable by the Client to the Agency. In circumstances where the Client may have prior knowledge of proposed Candidate(s), in a context other than as the Candidate(s) for the job vacancy, and where the Agency has made the Client aware of the said Candidate(s) availability and suitability for the Client’s Vacancy Description, the Agency’s Introduction fee will be payable. In circumstances where the Client makes an offer of the Engagement to the Candidate(s) for a position other than in accordance with the original Client Vacancy Description, the Agency’s Introduction fee remains payable as per original Client Vacancy Description.
  2. Should the Client cancel the permanent, temporary or maternity Engagement once the Engagement has been confirmed (meaning the Client informed the Agency about decision of employing the Candidate(s) even if the contract between the Client and the Candidate(s) has not been signed and the Job Offer Letter has not been signed by the Client and the Candidate(s), as these documents are being in progress of preparation), the permanent, temporary or maternity Engagement fee must be paid and no refund or replacement will be due, subject to the provisions of clause 6v.
  3. If the Client has found the suitable Candidate(s) through the Agency, and the Agency has introduced the Candidate(s) before other sources, but the Client uses another agency to place the Candidate(s), the Client must endeavour to pay the Agency the applicable fee.
  • All information provided by the Agency including personal details of the Candidate(s) should be treated as strictly confidential. The disclosure by the Client to a third party of any details regarding the Candidate(s) introduced by the Agency, which results in the subsequent Engagement of the Candidate(s) by that third party at any time, will render the Client liable to payment of the Agency’s fee with no entitlement to any refund or 1 free replacement at present or in the future.
  • The Client is solely responsible for the suitability of the Candidate(s) and it is purely his/her decision to employ or to interview the Candidate(s). The Agency cannot be held responsible for any mistakes in the Candidate(s) portfolio as those are provided directly by the Candidate(s). The Client agrees to satisfy himself as to the suitability of the Candidate(s) by interviewing, taking up any references, copies of documents provided by the Candidate(s) to the Agency and to make appropriate checks of childcare qualifications or driving certifications before commencing employment or the interview. The Client needs to request those in writing and the agency will release them after obtaining the Candidate(s)’ permission to do so.
  1. The Client is solely responsible for ensuring that the Candidate(s) are eligible to work in the Client’s country and for obtaining and paying for any relevant work permits/visas/immigration requirements that may be necessary, and for arranging any medical examinations or investigations into the medical history and health or travel insurance where applicable in relation to the Candidate(s) successfully Engaged by the Client.
  2. Under the Conduct of Employment Agencies and Employment Business Regulations 2003 the Agency is required to hold a copy of the Job Offer Letter signed between the Client and Candidate(s) when the Engagement occurs.
  3. The Agency holds no responsibility for the Client and the Candidate(s)’ employment contract, portfolio, and any matters associated with these are to be arranged between the Client and the Candidate(s). The Agency offers a template of a contract of employment only as a sample guide for the Client and the Candidate(s) to use.
  • The Agency does not employ any of the Candidate(s) directly or indirectly. The Candidate(s) are introduced to the Client and they will be always employed by the Client, unless the Candidate(s) are self-employed. The Candidate(s) shall be under the supervision, direction and control of the Client.

 

  1. Agency Fees and Charges:

 

  1. The amount of Agency Fees and Charges are determined to the type of employment and the experience of the Candidate(s) reflected in years, as follows:

 

  1. Permanent full-time position Engagements which are of duration more than 6 months:

 

  1. 4 times weekly net salary (the salary stated during the interview with the Client(s))

 

  1. Candidate looking for an Overseas Engagement – 4 times weekly net salary (the salary stated during the interview with the Client(s)) and £1000 (incl. VAT) of a flat fee
  2. Permanent part-time position Engagements which are of duration of minimum 4 and maximum 6 hours per day:

 

  1. Flat fee of £700 (incl. VAT)

 

  • Temporary position engagements which are of duration of up to 6 months:

 

  1. Up to 1 month – flat fee of £90 per week in the UK/£120 overseas
  2. Between 1 and 3 months – flat fee of £70 per week in the UK/£110 overseas
  3. Between 3 and 6 months – flat fee of £60 per week in the UK/£100 overseas

 

  1. Trial fees as per clause 3vi

 

  1. Deposit fee as per clause 3iii

 

  1. Fees will be invoiced in full plus VAT on confirmation of the Engagement. All Fees must be paid within 7 calendar days of the date of the invoice. If settlement is not received within this time-scale, the replacement and refund provisions detailed below will not apply. The Agency reserves the right to charge interest of 20% on all unpaid invoices at its sole discretion. The late payment procedure is as below:

 

  1. Step 1 – a phone call to the Client with a reminder of an overdue payment (the Agency will wait for 2 calendar days for a response from the Client)
  2. Step 2 – an email to the Client with a reminder of an overdue payment (the Agency will wait for 3 calendar days for a response from the Client)
  3. Step 3 – an official recorded delivery letter sent by post to the Client with a reminder of an overdue payment (the Agency will wait for 4 calendar days for a response from the Client)
  4. Step 4 – an involvement of the Collection Department in pursuits of gaining owed payment from the Client

 

  • The Client shall be liable for and shall indemnify the Agency against all costs and expenses incurred by the Agency in respect of any steps, actions or proceedings made or brought against the Client by the Agency to obtain payment of outstanding Agency Fees and interest.
  1. Where the temporary Engagement subsequently becomes the permanent Engagement (including by virtue of the fact that the Engagement is extended beyond 6 months), the Client shall be required to pay the relevant Agency Fee for the permanent Engagement minus the Agency Fee originally paid for the temporary position.
  2. If the Candidate(s) Engaged by the Client on a temporary basis is re-employed by the Client at any time after the termination of the original period of the Engagement (whether such re-employment is on a temporary or permanent basis) then a further Agency Fee shall be payable by the Client to the Agency. Such fee shall be equal to the Agency Fee which would have been payable if the Agency had introduced the Candidate(s) to the Client at the time of re-employment.
  3. If the Engagement of the Candidate(s) employed on a permanent part-time basis is extended to include additional hours or to full-time Engagement in the first year of the Engagement, then the Client shall be liable to pay to the Agency an additional Agency Fee. Such fee shall be the Agency Fee which would have been payable at the time of the confirmation of the Engagement in respect of the additional hours after deduction of the Agency Fee already paid by the Client.
  • In the situation where the Client does not Engage the Candidate(s) following the initial Introduction by the Agency but subsequently approaches the Candidate(s) directly (not through the Agency) offering any kind of Engagement then the Client shall be liable to pay the full Agency Fee in respect of such Candidate to the Agency plus 60% of penalty surcharge.
  • Should the Candidate(s) leave the Engagement shortly after the 3 months of guarantee (up to 2 calendar weeks, 14 calendar days), the Agency will guarantee a 25% discount for finding a new Candidate should the Client wish to continue the search with the Agency.
  1. Please note that once the Client advises the Agency to look for a replacement of the Candidate(s) and then finds new Candidate(s) via another source, the Agency will not offer any further replacements and will not apply refund.
  2. If the Client or a member of the Client’s staff or any associate of the Client passes on an Introduction of the Candidate(s) to any other person at any time of the Introduction resulting in the Engagement of the Candidate(s), the Client shall be liable for payment of the full fee in accordance with the Agency’s Fee for permanent Engagements.
  3. For the purposes of attending interviews, the Client is responsible for the Candidate(s)’ reasonable travelling expenses which are properly incurred and evidenced by appropriate receipts. The Client shall settle this directly with the Candidate(s).

 

  1. Replacements, cancellations and refunds:

 

  1. Should the Candidate(s) fail to take up the Engagement, other than because of unreasonable behaviour by the Client, one free replacement will be available or a refund as per clause 6ii.
  2. Should the Candidate(s) in a permanent, temporary or maternity Engagement leave, or be asked to leave by the Client, within 3 months of the date of commencement of the Engagement (for reasons unrelated to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation, verbal and physical aggression), either a replacement of the Candidate(s) will be provided free of charge (only one free replacement is allowed and the job specification must remain the same) or refund will apply depending on when the Candidate(s) leave: up to 2 weeks 50% refunded, up to 4 weeks 30% refunded, up to 8 weeks 20% refunded, up to 3 months 10% refunded, the refund will apply only if the Client has been interviewing potential replacement Candidate(s) without success (only reasonable explanations of not employing the new Candidate(s) apply.
  • If the Maternity Nurse should need to cancel the booking prior to commencement or during the booking, the Agency will endeavour to find a suitable replacement. The Agency cannot accept any liability if the Maternity Nurse does not take up the booking.
  1. All instances of termination of the Engagement where a free replacement or refund is likely to be claimed must be notified in writing to the Agency within 7 days of the termination of the Engagement. Requests for replacements or refunds must be made within 4 calendar weeks (28 calendar days) from date of the termination of the Engagement.
  2. No refunds or free replacements are applicable if:

 

  1. The payment for the Services has not been received by the Agency in accordance with clause 5ii.
  2. If the Client is in breach of any other of these Terms and Conditions.
  • If the Client has failed to honour the previously agreed start date, or has prevaricated over the date to such an extent that the Candidate(s) sought employment elsewhere.
  1. If the Client continues to retain the services of the Candidate(s) they have advised the Agency they have deemed to be unsatisfactory.
  2. Where the Client has been unwilling to interview potential replacement Candidate(s) or has otherwise failed to co-operate in the replacement process.
  3. Where the Client does not request that a replacement is found or where the Client makes other arrangements during the period in which a replacement is being sought.
  • Should the Client cancel the permanent, temporary or maternity Engagement once the Engagement has been confirmed (meaning the Client informed the Agency about decision of employing the Candidate(s) even if the contract between the Client and the Candidate(s) has not been signed and the Job Offer Letter has not been signed by the Client and the Candidate(s), as these documents are being in progress of preparation), the permanent, temporary or maternity Engagement fee must be paid and no refund or replacement will be due, subject to the provisions of clause 6v.

 

  1. The Agency shall only be obliged to provide to the Client a maximum of 5 Candidates’ profiles for the replacement. Such profiles will be selected based on the information originally provided in the Client Vacancy Description. The Agency may take up to 2 weeks from the notification to begin to provide profiles. 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 Candidate(s).
  • If the Client cancels the Engagement of the Candidate(s) less than 2 calendar weeks (14 calendar days) prior to the agreed date for commencement of the Candidate(s)’ employment without reasonable explanation and the proof of the occurred circumstances provided, the full Agency Fee is payable and the Client is liable to pay the Candidate(s) one week’s salary. If the Client wishes to cancel the Engagement of the Candidate(s) due to extenuating circumstances and the proof of the occurred circumstances is provided less than 2 calendar weeks (14 calendar days) before the Candidate(s) is due to start, the Client must notify the Agency and the Client shall be liable for paying any amounts due to the Candidate(s) under any contract of employment and the Agency shall be entitled at its discretion to charge of 30% of the Agency Fee in respect of the work incurred.
  • In the circumstances of Candidate(s) illness, or other circumstances, during the guarantee period Agency is not obliged to search for a replacement if the Client(s) wants to keep the Candidate(s); the replacement takes place only if the Client(s) and the Candidate(s) decide not to work with each other permanently. If the Client(s) decides to search for a new Candidate(s) to cover the absence of the Candidate(s) placed the agency Fees apply.
  1. In the circumstances when the Client(s) and the Candidate(s) decide not to work with each other permanently after the guarantee period expires, the Agency is not obliged to search for a replacement.
  2. The Agency accepts no liability if the Client deems the replacement Candidates to be unacceptable.
  3. The Agency may at its discretion refuse to provide a replacement or refund in the following circumstances:

 

  1. A change in the original job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation, verbal and physical aggression towards the Candidate(s), or
  2. when being verbally aggressive towards an employee of the Agency; or
  • when the Candidate(s) was dismissed by the Client other than on just and reasonable grounds.

 

  1. Notwithstanding that any part of these Terms and Conditions may prove to be invalid or unenforceable under any rule or law or enactment, such term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions but all other provisions and the remainder of the provision in question shall remain in full force and effect. The Agency and the Client shall agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.

 

  1. If either the Agency or the Client waives any breach committed by the other party of these Terms and Conditions that will not be deemed to be waiver of any subsequent similar breach or of any other breach at any time.

 

  1. The Agency reserves the right to change or add to the above Terms and Conditions without prior notification, however all changes will be posted on the Agency’s website. It’s your responsibility to check these Terms and Conditions in case there are any changes. Continuing to use the site and our services after a change has been made is your acceptance of the

These Terms and Conditions are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales. © Empire Nannies&Housekeepers Ltd. (registration number 09909256) All Rights Reserved