Terms & Conditions

Terms and Conditions of business for the supply of nannies:

1. Definitions

In this Agreement the following definitions shall where used bear the meanings set out below:

1.1 "Agency" means Stella’s Nannies whose address is at 41 Selwood Road, Sutton, Surrey SM3 9JU;

1.2 "Candidate" means a person, Introduced or supplied by the Agency to the Client to be considered for an Engagement including any officer or employee of the Candidate if the Candidate is a firm or corporation and members of the Agency’s own staff;

1.3 "Client" means any person, firm or corporation who approaches the Agency with a view to request an introduction or supply of a Candidate;

1.4 "Engagement" means the engagement, employment or use directly or indirectly and whether under a contract of service or for services or otherwise, and/or whether on a permanent, temporary or other basis of a Candidate by or on behalf of the Client. "Engage(s)" shall be construed accordingly;

1.5 "Fee" means the introduction or placement fee calculated according to the Schedule;

1.6 "Introduction" means the Client’s interview of a Candidate in person or by telephone following the Client’s verbal or written instruction to the Agency to search, introduce or supply a Candidate or the passing to the Client by the Agency by means of telephone, fax, email post or otherwise curriculum vitae or other personal information of the Candidate. The words "Introduce" or "Introduced" shall be construed accordingly;

1.7 "Services" means search for Candidate for Engagement that the Client has notified to the Agency and Introduction of the Candidate of the Client by the Agency.

2. Acceptance of terms and conditions

2.1 The Client shall be deemed to have accepted and agreed to these Terms and Conditions, (which shall prevail over any other terms and conditions put forward by the Client), when any of the following events occurs:

2.1.1 the Client requests the Agency to Introduce a Candidate for any position; or

2.1.2 the Client, or a third party acting on the Client's behalf, interviews a Candidate; or

2.1.3 the Client Engages a Candidate in any capacity; or

2.1.4 a Candidate begins work for the Client in any capacity.

3. Agency Services

3.1 The Agency shall provide the Services to the Client in consideration for the Client's paying the applicable Fee to the Agency, subject to the terms and conditions of this Agreement.

3.2 The Agency shall use reasonable endeavours to Introduce to the Client a Candidate as the Client shall notify to the Agency. The Agency does not represent, warrant or undertake to find a suitable Candidate notified to it by the Client.

3.3 When Introducing a Candidate to the Client, the Agency is acting as an agency and not an employer of the Candidate.

3.4 A Candidate is Introduced by the Agency on the basis that should the Client wish to Engage the Candidate, the Client will employ the Candidate directly in accordance with the prevailing employment legislation including without limitation paying the Candidates Tax and National Insurance contributions (if applicable) and providing a suitable working environment as required under the health and safety legislation.

3.5 The Agency shall in relation to each Candidate (if requested by the Client), carry out a Criminal Records Bureau, confirming that the Candidate is suitable to work with vulnerable persons. Such checks undertaken by the Client shall be charged to the Client as additional fee of £59 per check.

4. Fees and Payment

4.1 The Client shall pay the applicable Fee to the Agency in respect of each Candidate Engaged by the Client. The Fee shall be calculated as set out in the Schedule.

4.2 The Fee shall become due immediately when the Client makes an offer and the Candidate accepts an offer of an Engagement.

4.3 The payment of the applicable Fee shall be made by the Client to the Agency within 14 calendar days of the date of the Agency's invoice.

4.4 The Fee charged for the Introduction of any Candidate for an Engagement is applicable for one Engagement only. For each additional Candidate Introduced by the Agency and Engaged by the Client, a further Fee shall be payable.

4.5 The Fees are for the Introduction of Candidates only and do not include any salary due to any Candidate. Unless the Candidate is self-employed, it is the Client's responsibility to account for any tax and National Insurance contributions attributable to the Candidate.

4.6 If, following a Candidate's unsuccessful application to the Client via the Agency either:

4.6.1 the Client, without notifying the Agency, Engages that Candidate in any capacity at a future date not exceeding 6 months of the Agency's having Introduced a Candidate to the Client; or

4.6.2 the Client or the Client's employee, agent or subcontractor refers or Introduces that Candidate to a third party, including an affiliate of the Client, and that third party Engages the Candidate in any capacity at a future date not exceeding 6 months of the Agency's having Introduced a Candidate to the Client. Then the Client shall be liable for a Fee as set out in the Schedule.

4.7 If following an Engagement, a Candidate’s employment terminates within the first eight weeks of employment, the Agency must be notified immediately of such termination and the Agency must be given 30 calendar days from the date of notification to introduce a suitable replacement Candidate to the Client (for which no additional Fee will be payable by the Client).

4.8 If a Candidate leaves the Client's employment for any reason and the Agency is unable to provide a suitable replacement as provided above, the Agency shall pay the following rebate to the Client:

4.8.1 if the Candidate leaves the Client's employment within 8 weeks of having commenced employment, 20% of the Fee paid by the Client, or the Agency shall Introduce a free replacement Candidate;

4.8.2 if the Candidate leaves the Client's employment within 6 weeks after having commenced employment, 45% of the Fee paid by the Client;

4.8.3 if the Candidate leaves the Client's employment within 4 weeks after having commenced employment, 65% of the Fee paid by the Client;

4.8.4 if the Candidate leaves the Client's employment within 2 weeks after having commenced employment, 95% of the Fee paid by the Client provided that if the Client re-engages the Candidate within 5 months of the Introduction, the Client shall repay any rebated payment to the Agency

4.9 All amounts stated are exclusive of VAT and any other applicable taxes, which will if applicable be charged in addition at the rate in force at the time the Client is required to make payment.

4.10 If the Client does not make a payment by the date stated in an invoice or as otherwise provided for in these Terms and Conditions, then the Agency shall be entitled to charge interest on the outstanding amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc, accruing daily.

4.11 All refunds are subject to the retention by the Agency of a £0.00 administration fee. No refund will be granted for either non-commencement or early termination of a Candidate’s employment:

4.11.1 if the Candidate leaves due to working conditions being inappropriate or substantially different from those in evidence prior to the commencement of employment, or due to the unreasonable treatment or demands of the Candidate during her employment, or due to the nature of the job being different from that advertised; or

4.11.2 if the Client requests that no replacement Candidate be sought; or

4.11.3 if the Client’s requirements for a replacement Candidate are different from the original specification; or

4.11.4 if the Client engages a nanny not Introduced by the Agency during the relevant period; or

4.11.5 if the Agency’s invoice in respect of the placement was not settled in full within 14 days of the date of the invoice.

4.12 If a Client cancels an Engagement before the Candidate commences employment, 50% of the relevant Fee will be chargeable (and if the Fee has already been paid, the Agency will refund 50%).

4.13 If the Candidate fails to take up an Engagement following a placement, no Agency will be chargeable and if the Fee has already been paid, the Agency will refund such fee in full.

4.14 For the avoidance of doubt if the Client agrees to share a Candidate with another client of the Agency, the Client (provided it is agreed with the other client) shall be responsible for 50% of the Fee.

5. Obligation of the Client

5.1 The Client shall specify its exact requirements relating to the proposed Candidate by providing full details of the work for which the Candidate is required and in particular by notifying the Agency of any special skills required for such work when placing its request.

5.2 The Client shall satisfy itself as to the suitability of any Candidate for the placement for which the Candidate has been introduced. Without prejudice to the generality of the foregoing, the Client acknowledges and agrees that it is the Client's responsibility to:

5.2.1 take up and verify references relating to the Candidate's qualifications, skills, character and experience;

5.2.2 check the validity of the Candidate's qualifications;

5.2.3 ensure, where appropriate, that the Candidate is capable of operating any equipment or machinery to the necessary level;

5.2.4 obtain any work or other permits needed by the Candidate; and

5.2.5 ensure that the Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.

5.3 The Client shall notify the Agency immediately on the occurrence of the first of the following events:

5.3.1 a Candidate accepts an offer of placement from the Client; or

5.3.2 the commencement of an Engagement by a Candidate.

5.4 By agreeing to Engage or make use of a Candidate in any way, the Client shall be liable for the Fee.

5.5 The Client confirms that it is not aware of anything which will cause a detriment to the interests of the Candidate or the Client if the Client Engages that Candidate to fill a placement; and shall inform the Agency immediately if it becomes aware of any circumstances which would render such Engagement detrimental to the interests of the Candidate or the Client.

5.6 The Client hereby undertakes to comply with all obligations, duties and regulations (whether statutory or otherwise and without prejudice to the generality of the foregoing those relating to the place, nature or system of work) in any way arising from or directly or indirectly connected with the Engagement rendered by the Candidate.

5.7 The Client undertakes to exercise all supervision, direction and control over the manner, time and place in which the Candidate carries out any work for the Client throughout the duration of the Engagement.

5.8 The Client acknowledges that the Candidate introduced or supplied to the Client for purposes which include the driving of vehicles is introduced or supplied to the Client on the Client’s express warranty that the Client shall comply with the provisions of the Transport Act 1968, and all other road transport legislation and that the Client will take all steps that may be required by law in relation to insurance, maintenance and safety of vehicles, and comply with all statutory duties in regard thereto.

6. Confidentiality

6.1 All Introductions are confidential. All work undertaken by the Agency for the Client in respect of the Introduction of a Candidate to the Client shall be for the private and confidential use of the Client only and should not be reproduced in whole or in part or relied upon by third parties for any use whatsoever, without the express written authority of the Agency.

7 Warranties, Liability and Indemnity

7.1 The Client accepts and agrees that the Agency gives no warranty as to the suitability of any Candidate for any vacancy.

7.2 The Agency confirms that, in introducing any Candidate to the Client, it is not aware of anything which will cause any detriment to the interests of that Candidate or the Client if the Client Engages the Candidate to fill a placement.

7.3 Neither the Agency nor any of its staff shall be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the Introduction to or the Engagement by the Client of a Candidate, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of the Agency. In particular, but without limiting the generality of the foregoing, the Agency shall not be liable for any loss, injury, damage, expense or delay arising from or in any way connected with:

7.3.1 any failure of the Candidate to meet the Client's requirements for all or any of the purposes for which the Candidate is required by the Client;

7.3.2 any act or omission of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; or

7.3.3 any loss, injury, damage, expense or delay suffered by a Candidate;

7.3.4 any claim by or on behalf of any Candidate that there existed during the term of this Agreement a contract of employment between the Client and such Candidate; or

7.3.5 any income tax, national insurance contributions, interest and/or penalties thereon arising in respect of the Candidate for which the Client may be called upon to account to HM Revenue and Customs and the disallowance of any VAT charged in respect of the services as allowable input tax for the Client.

7.4 Except in the case of death or personal injury caused by the Agency's negligence, the liability of the Agency under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Fee paid or due to be paid by the Client to the Agency under this Agreement. The provisions of this clause shall not apply to clause 7.6.

7.5 Neither party shall be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The provisions of this clause shall not apply to clause 7.6.

7.6 The Client shall indemnify and hold harmless the Agency from and against all claims and losses arising from loss, damage, liability, injury to the Agency, its employees and third parties, by reason of or arising out of:

7.6.1 any loss, injury, expense or delay suffered or incurred by a Candidate, however caused, and/or

7.6.2 any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise that arises directly or indirectly out of or in any way connected with arising out of or in any way connected with the Introduction, Engagement or use of a Candidate, the withdrawal by the Client of a placement, any information supplied by the Client to the Agency or the Client's breach of these Terms and Conditions. "claims" shall mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise), and "losses" shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.

7.7 Each of the parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement.

8. Termination

8.1 Without prejudice to the other remedies or rights a party may have, either party may terminate this Agreement, at any time, on written notice to the other party ('Other Party'):

8.1.1 if the Other Party is in material breach of its obligations under this Agreement and, if the breach is capable of remedy and the breach is not remedied within 20 Working Days of the Other Party confirming the breach and requiring the breach to be remedied; or

8.1.2 if the Other Party becomes insolvent or if an order is made or a resolution is passed for the winding up of the Other Party (other than voluntarily for the purpose of solvent amalgamation or re-construction), or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of the Other Party's assets or business, or if the Other Party makes any composition with its creditors or takes or suffers any similar or analogous action in consequence of debt.

8.2 On termination of this Agreement, the Client shall pay for the Services provided up to the date of termination, and for all expenditure falling due for payment after the date of termination from commitments reasonably and necessarily incurred by the Agency for the performance of the Services prior to the date of termination.

9. General

9.1 Force Majeure

Neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement, which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances shall promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 6 months, either party may terminate this Agreement by written notice to the other party.

9.2 Amendments

The Agency reserves the right to amend this Agreement at anytime without prior notification. The Terms and Conditions applicable at any placement shall be those contained on the Agency website at the time of the Client’s registration.

9.3 Assignment

Neither party may assign, delegate, sub-contract, or otherwise transfer any or all of its rights and obligations under this Agreement.

9.4 Entire agreement

This Agreement contains the whole agreement between the parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.

9.5 Waiver

No failure or delay by the Agency in exercising any right, power or privilege under this Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.

9.6 Agency, Partnership etc

This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this Agreement. Neither party shall have, nor represent that it has, any authority to make any commitments on the other party's behalf.

9.7 Severance

If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

9.8 Law and Jurisdiction

The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the parties submit.

9.9 Third parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

Schedule

Permanent placements – live in: £700

Permanent placements – live out:

to be employed 5 days a week: £700
to be employed 4 days a week: £600
to be employed 3 days a week: £400
to be employed 2 days a week: £200
to be employed 1 day a week: £90

Part-day live-out permanent placements (i.e. less than 4 hours a day):

to be employed 5 days a week: £400
to be employed 4 days a week: £350
to be employed 3 days a week: £200
to be employed 2 days a week: £100
to be employed 1 day a week: £90

Emergency cover temporary placements (full or part time):

£35 per day (or part day) employed
£120 for 5 days
£45 for each subsequent week

After school Nanny placement: £350

You as the family agree to Stella’s Nannies free two weeks trial with your chosen candidate. After the successful 2 weeks free trial period the Host Family i.e. you pays the agreed fee to Stella's Nannies. Payment is due within 3 working days of actual date on invoice. Which falls 14 days from date of placement of free trial period. If payment or payments are not received by the due date an additional 10% surcharge will be added daily.

Au-Pairs

Summer au-pair (no longer than 3 months): £200

Au-pair (between 12 and 24 months): £280

Au-pair plus (between 12 and 24 months): £320

Terms and Conditions of business for the supply of au-pairs:

1. Stella’s Nannies always offer free two weeks trial period to the family as well as to the candidates. After the successful 2 weeks free trial period the Host Family pays the agreed fee to Stella's Nannies. Payment is due within 3 working days of actual date on invoice. If payments are not received by due date an additional 10% surcharge will be added daily.

2. Should either contracting party want to cancel this contract, a one-week period of notice must be given in writing. The contract can be cancelled with immediate effect in case of gross misconduct or transgression on the part of the other party, or if extreme circumstances call for cancellation. If the Au Pair has been dismissed because of serious misconduct or negligence on the Au Pair's part, Stella's Nannies cannot guarantee the Au Pair a new replacement; the Au Pair may have to return to her / his home country immediately.

3. In the event of conflict or strong disagreement, both parties agree to first try to reach a mutually satisfactory solution and inform director of Stella's Nannies as well as ask the director for advice in how to mend the situation. If negotiation between the above parties does not result in resolution, either party may call upon director of Stella's Nannies to negotiate a solution acceptable to both parties. Cancellation of this contract by either party will be done only as a last resort, except in the case of serious misdemeanor.

4. The Host Family accepts that they have voluntarily chosen the Au Pair, and the Au Pair accepts that she / he has voluntarily elected to stay with the Host Family, in both cases without any guarantee on the part of Stella's Nannies.

5. While Stella's Nannies has taken reasonable measures to regulate the Au Pair / Host Family relationship in terms of rights, duties and obligations, Stella's Nannies is not responsible for the personal actions of the Host Family or the personal actions of the Au Pair or any consequences arising from the interactions of the Host Family and the Au Pair, neither of whom is known personally to Stella's Nannies.

6. The Host Family didn't pay administration fees to Stella's Nannies.

7. REFUNDS & REPLACEMENTS: If the Au Pair leaves within 4 weeks of arrival a replacement Au Pair will be offered free of charge. However the Agency must be given a minimum of 14 days to offer a family a suitable alternative. If family do not wait 14 days, then a refund of part of the Agency fee will be given. Less internal placement fees applicable. THERE IS NO REFUND OR FREE REPLACEMENT AFTER 4 WEEKS.

8. AU PAIRS ARE NOT ALLOWED TO HAVE SOLE CHARGE OF BABIES (under 2). IF A FAMILY ASK AN AU PAIR TO HAVE SOLE CHARGE OF A BABY, THE AGENCY WILL BE ENTITLED TO REMOVE THE AU PAIR FROM THE FAMILY, AND NO REFUND WHATSOEVER WILL BE GIVEN. THE AGENCY CANNOT BE HELD RESPONSIBLE IN ANY WAY IF A CHILD IS LEFT WITH AN AU PAIR ON A SOLE CHARGE BASIS.

9. Whilst the Agency take every care to ensure that Au Pairs are suitable for Host Families requirements, they cannot be held responsible for any liability of costs, damage to property or persons. The Agency is not responsible for telephone calls made by an Au Pair in the Host family’s home. We would point out that while we and our agents take every precaution when choosing an Au Pair for your home, we would suggest that references/medical certificates are checked personally by the family.

If an Au Pair is required to drive in a family, it is up to the family to provide adequate car insurance & driving lessons (if necessary) at the expense of the Host Family. It is the family’s responsibility to make sure any car used by the Au Pair is road-worthy, has an up-to-date MOT tax and correct insurance. The Au Pair is not liable for any costs if involved in an accident regardless of their liability. This includes any excess the policy may have. The Agency suggests that an up to date copy of the Highway Code is provided for an Au Pair. NO AU PAIR SHOULD BE EXPECTED TO DRIVE WITHIN ONE WEEK OF ARRIVAL IN THE UK. They have to be given time to get used to everything being on the opposite side of the road!! Just adapt to the situation, new environment gradually. The Agency cannot be held responsible for any accident in the car involving the Au Pair. These Terms are governed by the Laws of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

8. The Host Family agrees to Stella's Nannies Terms and Conditions on line.