Terms and ConditionsKids Rainbow LTD
Name of company
Kids Rainbow LTD
201b.3, Cardinal Point Park Road, Rickmansworth WD3 1RE
Tel: +44 7561 197323 & +44 7449 513569
E-mail: [email protected]
The following expressions shall have the following meanings:
1.1 “Agent” means KIDS RAINBOW Ltd
1.2 “Client” means any person who purchases Services from the Agent;
1.3 “Registration Form” means a booking document, letter of engagement, application form, quotation or other written instruction describing the agency Services;
1.4 “Services” means the agency services as described in the Registration Form;
1.5 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;
1.6 “Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Terms and Conditions;
1.7 “Candidate” means any nanny, mother’s help, maternity nurse or other child care professional requested.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Agent to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Agent.
2.3 These Terms and Conditions shall be attached to any Registration Form and signed and returned to the Agent by the Client.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
- REGISTRATION FORM
3.1 The Registration Form is attached to these Terms and Conditions.
3.2 The Registration Form shall remain valid for acceptance for a period of 90 days.
3.3 The Registration Form must be accepted by the Client in its entirety.
3.4 The Agreement between the Agent and the Client, incorporating these Terms and Conditions, shall only come into force when the Agent confirms acceptance in writing to the Client.
4.1 The Services are as described in the Registration Form.
4.2 Any variation to the Services must be agreed by the Agent in writing.
4.3 The Services shall commerce and finish on the dates specified in the Registration Form unless terminated according to the terms of this Agreement.
4.4 Dates given for the commencement of the Services are estimates only and not guaranteed. Time for commencement shall not be of the essence of the Agreement and the Agent shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
- PRICE AND PAYMENT
Permanent full-time Candidate
[live-out or live-in placement]
Three (3) weeks’ net salary (one-off payment)
one(1) month live-in nanny’s salary
Permanent Part-time Candidate
|Three (3) weeks’ net salary (one-off payment)|
|Temporary Candidate||£120 /week (M-F) up to three (3) months|
|£160/week (M-Su) up to three (3) months.|
- Emergency babysitting: The rate vary, minimum of 3 hours, plus agency fees.
- Weekend babysitting: is £18/hour.
- Bank holidays is the daily hourly rate X3 times.
- Every trial costs £25/ day M-F. and £35/day weekend, plus the nanny’s payment.
5.1 The price for Services is as specified in the Registration Form and is inclusive of any other charges as outlined in that document.
5.2 If the fees paid relate to a temporary placement of a Candidate who then becomes a permanent employee of the Client within 90 days from the date of the initial introduction, the Client shall pay the difference between the temporary and permanent placement fees at the time of the change in employment status.
5.3 The terms for payment are as specified in the Registration Form.
5.4 Fees relating to the cancellation of any bookings are as specified in the Registration Form.
5.5 The Client must settle all payments for Services within 15 working days from the invoice date.
5.6 The Client will pay interest on all late payments at a rate of …. per annum above the base lending rate of HSBC BANK.
5.7 The Client is not entitled to withhold any monies due to the Agent.
5.8 The Agent is entitled to vary the price to take account of:
5.8.1 any additional Services requested by the Client which were not included in the original Registration Form;
5.8.2 any reasonable increase in fee rates, if applicable; and any variation must be intimated to the Client in writing by the Agent.
- CLIENT OBLIGATIONS
6.1 The Client agrees to cooperate with the Agent as may be required.
6.2 The Client shall provide full details to the Agent of the work required of the Candidate.
6.3 The Client shall notify the Agent immediately should it choose to engage a Candidate introduced by the Agent.
6.4 The Client acknowledges that the Agency provides an introductory service only.
6.5 If the Client or a member of the Client’s staff or any acquaintance or associate of the Client, passes on an introduction to any other person or persons within six months of the Candidate’s introduction to the Client by the Agent, resulting in the engagement of the Candidate, the Client shall be liable for payment of the full fee in accordance with the fees described in the Registration Form for permanent placements.
6.6 The Client is responsible for the employment of the Candidate including the contract of employment.
6.7 The Client shall provide the Agent with a copy of the employment contract between the Candidate and the Client.
6.8 The Client is responsible for any deductions of tax or National Insurance from the Candidate.
6.9 The Client is responsible for obtaining any medical certificates, work permits or other approvals necessary for the Candidate prior to the commencement of employment.
- AGENT OBLIGATIONS
7.1 The Agent shall supply the Services as specified in the Registration Form.
7.2 The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognized codes of practice and statutory obligations.
7.3 The Agent will take all reasonable steps to introduce Candidates who are of sound character, honest and reliable but cannot be held responsible for the conduct of a Candidate.
7.4 The Agent shall keep a copy of the employment contract between the Client and the Candidate on file.
7.5 The Agent shall obtain references from each Candidate but the Client must satisfy themselves as to the ultimate suitability of a Candidate.
8.1 If a Candidate engaged in permanent employment by the Client does not remain in the Client’s employment for more than four (4) weeks or has their employment terminated by the Client within four 4 weeks of the initial date of employment, the Agent will provide a new candidate only once during the four-week period or a partial refund of any placement fee (in accordance with Condition 8.3), if all of the following conditions are met:-
8.1.1 The Client notifies the Agent immediately of the Candidate’s termination;
8.1.2 The Client has paid the appropriate placement fee;
8.1.3 The Client has not changed any of the original requirements for the Candidate as specified in the Registration Form;
8.1.4 The Candidate did not resign due to unreasonable demands placed upon them by the Client;
8.1.5 The Client’s intention to employ a Candidate remains; and
8.1.6 The Client has given the Agent a reasonable period to recruit a suitable replacement Candidate to be engaged by the Client for the same requirements as specified in the original Registration Form.
8.2 If the Client has not met all of the conditions as stated in Condition 8.1 of these Terms and Conditions, they remain responsible for full payment of the initial placement fee.
8.3 REFUND OF FEESPeriod of employment Introduction Fee Refund:
- Up to two (2) weeks 75%
- Up to four (4) weeks 50%
9.1 The Agreement shall continue until the Services have been provided in accordance with the terms of the Registration Form or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
9.2 The Client may terminate the Agreement if the Agent fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of two (2) weeks after written notification of non-compliance is given.
9.3 The Agent may terminate the Agreement if the Client has failed to make over any payment due within two weeks of the sum being requested.
9.4 Either party may terminate the Agreement by notice in writing to the other if:
9.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
9.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
9.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
9.4.4 the other party ceases to carry on its business or substantially the whole of its business.
9.5 In the event of termination the Client must make over to the Agent any payment for work done and expenses incurred up to the date of termination.
9.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
11 LIMITATION OF LIABILITY
11.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury, however the Agent 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.
11.2 The Agent accepts no liability for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act or omission by any Candidate introduced to the Client by the Agent.
The Client shall indemnify the Agent against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs calculated on a full indemnity basis) suffered or incurred by the Agent arising out of or in connection with any breach of or negligent performance or non-performance of any of its obligations (including but not limited to late payment) under these Terms and Conditions by the Client.
- FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.
- THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Registration Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
- ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
- GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
- DATA PROTECTION ACT
Your data privacy is a top priority and the protection of data is at the center of everything we do. As part of the upcoming changes in legislation under the General Data Protection Regulation (GDPR), we want to reassure you that:
We value privacy and are committed to protecting your personal data and your privacy by informing you about the way we use, store, process and protect personal data entrusted to us.
We can only keep your records on file and contact you with your consent.
We will never pass your details on to a third party without your permission.