-TERMS AND CONDITIONS OF BUSINESS-
1.1 The following expressions shall have the following meanings:
“Agency” means The Swedish Nanny Company Limited. Registered office address; Crown House, 27 Gloucester Street, London WC1N, 3AX, UK;
“Client” means any person or family or third party appointed by such people to represent them, who engage the Agency either through written or verbal instructions and request that the Agency introduce the Client to a nanny to provide childcare services;
“Services” means the Introduction of a Candidate by the Agency to the Client in accordance with this Agreement;
“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 Agency;
“Agreement” means the contract between the Agency and the Client for the provision of the Services incorporating these Terms and Conditions;
“Candidate” means any nanny introduced to the Client by the Agency;
“Introduction” means the Client’s interview of a Candidate in person or by telephone and/or the passing by the Agency to the Client via email, phone, post or other means of a Candidate’s details, Curriculum Vitae or other personal information;
“Placement” means an agreement between a Client and a Candidate that the Client will employ or use the services of the Candidate. Such agreement may be oral or in writing (whichever is the earlier) and shall have occurred whether or not a written contract is subsequently entered into;
“Engagement” means the engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis, whether or not a written contract is subsequently entered into;
“Agency Fee” means the charge made by the Agency to a Client for the Introduction of a Candidate which results in the Placement of a Candidate with a Client.
2 THE CONTRACT
2.1 These terms and conditions shall in all respects apply to and govern all contracts or agreements made verbally or in writing between the Client and the Agency.
2.2 The Client declares that the information given to the Agency is correct, honest and complete.
3 CLIENT OBLIGATIONS
3.1 The Client acknowledges that the Agency provides an introductory service only to introduce suitable candidates to work as a nanny and it is the Client who employs the Candidate. The Agency does not employ any of the Candidates directly or indirectly.
3.2 The Client agrees to specify their requirements and provide full details of the type of work, salary and period of employment for which the candidate is required.
3.3 The Client is responsible to provide the candidate with an employment contract. If required, the Agency can provide the Client with a template of an employment contract however the Agency holds no responsibility for the content of such contract. Any such contract is between the Candidate and the Client.
3.4 The Client is responsible for paying all wages and expenses of the Candidate and is also responsible for deducting the Candidate’s tax and national insurance contributions.
3.5 The Client undertakes to notify the Agency immediately upon any offer of employment to a Candidate that has been accepted and to provide the details of the remuneration to the Agency.
3.6 All information provided by the Agency including personal details of Candidates should be treated as strictly confidential and must not be passed either directly or indirectly to other potential Clients or Candidates.
3.7 If the Client requires the Candidate to work abroad during the period of Engagement then the terms must be detailed and agreed by the Client and the Candidate in the employment contract.
3.8 For live‐in positions, the Client accepts and understands its obligations to adequately insure with a company of good repute the Candidate’s property, contents and any other items of value to the Candidate, and shall also ensure that such insurance remains in full force and effect for the duration of the Candidate’s employment.
4 OBLIGATIONS OF THE AGENCY
4.1 The Agency will take all reasonable steps to introduce Candidates who are of sound character, honest and reliable but cannot be held responsible for the conduct or suitability of a Candidate.
4.2 The Agency does not guarantee the suitability of any Candidate introduced to the Client and makes no warranty or representation expressed or implied in respect of any Candidate. The final decision to employ a Candidate is the sole responsibility of the Client.
4.3 The Agency does not operate a payroll system but can refer the Client to a nanny payroll tax specialist if requested.
5.1 There is no VAT to pay on any Agency Fees (The Swedish Nanny Company is a non-VAT registered company).
5.2 The Client agrees to pay all Agency Fees within 14 days of the date of the invoice submitted by the Agency. The Agency reserves the right to charge interest on unpaid invoices in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 and any subsequent amendments, calculated from the due date until the date of actual payment. Late payments may also incur a late payment administration charge of £12 for every weekly reminder.
5.3 The full Agency Fee will become payable when a Candidate introduced by the Agency is offered and accepts employment with the Client, either by verbal or written agreement, and not at the commencement of employment.
5.4 If a Candidate is solicited to work for the Client with the intention of bypassing the Agency’s Fees then the Client will be invoiced the fee then chargeable by the Agency for the relevant Placement.
5.5 The fee payable to the Agency by the Client for an Introduction resulting in an Engagement is calculated in accordance with the Agency’s Fee structure below.
5.6 The Agency Fee is as following;
5.6.1 UK and Europe Placement Fee: 15% of the Candidate’s annual net salary.
5.6.2 Outside of Europe Placement Fee: 20% of the Candidate’s annual net salary.
6.1 If the Candidate resigns from its employment within twelve weeks, and no suitable replacement can be found, the following refund of the Agency Fee will be given;
6.1.1 within 1 month from starting date: 75 % refund
6.1.2 within the 2nd month from starting date: 50 % refund
6.1.3 within the 3rd month from starting date: 25 % refund
6.2 Should a Candidate’s employment be terminated by either party after 12 weeks from the starting date, there will be no refund payable.
6.3 No refund or free replacement will be applicable if the Client has not complied with the Agency’s Terms and Conditions.
6.4 The Agency cannot guarantee that the Candidate will complete his or her proposed length of Engagement.
6.5 Should the Candidate fail to take up an Engagement full refund of the Agency Fee will be made provided the Client advises the Agency, in writing, within 7 days of the failure. Should the Agency have already been paid a full refund will be made within 14 days of the Agency being advised of the Candidate’s failure.
6.6 Whilst the Agency shall endeavor to find a replacement Candidate the Agency makes no guarantee that such a Candidate will be found.
6.7 The Client will no longer be eligible for a refund after the first Candidate has been replaced.
7 CANCELLATION FEE
7.1 If after an offer of Engagement has been made to the Candidate and accepted (either verbally or in writing) and the Client decides for any reason to withdraw from the agreement the Client shall be liable as follows:
7.1.1 If the due start date is 14 days or less from date of cancellation the full fee is payable to the Agency plus one week salary to the Candidate.
7.1.2 If the due start date is 15 days or over from the start date then 50% of the full fee is payable to the Agency.
7.2 There will be no Agency Fee charge if the Candidate cancels the Engagement before the commencement date.
8 LIMITATION OF LIABILITY
8.1 The Agency shall not be liable in respect of any losses which the Client may suffer or incur in connection with the provision of the services hereunder, except to the extent that such losses arise directly from the gross negligence or willful default of the Agency. The Agency 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 Agency.
8.2 The Agency shall not be liable to the Client by reason of any implied warranty, condition, or other term, or any duty at common law, or under the express terms of these Terms and Conditions, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses, or other claims which arise out of or in connection with the provision of services by the Agency.
8.3 The Client acknowledges that in entering into these Terms and Conditions it does not rely on any pre-contractual statement or representation which is not set out in these Terms and Conditions and that it shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. Furthermore, the Client acknowledges that the Agency makes no representation or warranties whatsoever in these Terms and Conditions.
8.4 The Client agrees that the Agency’s total liability under these Terms and Conditions shall not in any event exceed the total fees actually paid to the Agency in accordance with these Terms and Conditions.
The Client shall indemnify the Agency against all claims, costs and expenses which the Agency may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
10 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.
Any notice to be given by either party to the other may be served by email, fax, 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 sent by fax shall be deemed to be served on receipt of an error free transmission report, 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.
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 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 Agency.
14 THIRD PARTY RIGHTS
It is not intended that any of the terms and conditions of this agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
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.
16 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
17 GOVERNING LAW
These Terms and Conditions of Business are governed by and construed in all respects in accordance with the law of England and Wales and the Client agrees to submit to the exclusive jurisdiction of the Courts of England & Wales.
Please read this document carefully as it sets out the terms and conditions between the Agency and the Client relating to the introduction of permanent staff to you (the Client) by The Swedish Nanny Company (the Agency), which is a legally binding contract.