Buttercup Nannies

Please read this document carefully as it sets out the terms and conditions between Buttercup Nannies Ltd (the Agency) and the employer (the Client).

Definitions

“Agency” means Buttercup Nannies Ltd;

“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 instruction and request that the Agency introduce the Client to a candidate to provide childcare services;

“Services” means the introduction of a candidate by the Agency to the Client in the 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, maternity nurse, mother’s help, housekeeper, or other child care professional introduced to the Client by the Agency;

“Introduction” means the Clients 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.

Background

All business undertaken between Buttercup Nannies Ltd (the Agency) and the employer (the Client) is subject to these terms and conditions. These terms and conditions are legally binding contract between the client and the agency. No variation or alteration to these terms and conditions (including any special terms and conditions agreed between the parties) shall be binding unless the details of such variation are agreed between the Agency and the Client and are set out in writing by the Agency stating the date on or after which such varied terms shall apply.

The Client wishes to use the services of an introductory agency to place a nanny for employment, and the agency is willing to supply suitable candidates to the client on the terms of this agreement.

It is hereby agreed as follows:

There is no registration fee except for our Babysitting Club. Fee is only payable by the client on the acceptance (verbal or written agreement) of the position by the applicant and not at the commencement of employment.

Introduction and subsequent engagement of a person introduced by the Agency is deemed to be an acceptance of our terms of business conditions and fees and agreement to pay the appropriate fee. All fees and payments due under the contract are exclusive of VAT which shall be payable in addition if applicable.

It is the responsibility of the Client to notify the Agency within three days if the applicant introduced through the Agency has been offered an employment by the Client.

All communication (verbal or written) shall be confidential between the Agency and the Client. The Client undertakes to the Agency that it will not and will procure that none of its associates and no officer or employee of it or of any of its associates (if any) will at any time disclose to anyone or use for their own purposes or for any purposes (except for the purposes of determining the suitability of a candidate) or, through any failure to exercise all due care and diligence, cause any unauthorised disclosure of any confidential information which they or any of them now possess or of which they come into possession. The disclosure of any details regarding the candidate by the Client which results in an engagement with a third party within six months of the introduction renders the Client liable to the payment of agency fees.

The Client warrants and undertakes to the Agency the completeness, truth and accuracy of any information supplied to the Agency in connection with the contract and/or the requirement for introduction services including, without limitation, any questionnaire completed by the Client and agrees to inform the Agency of all information from time to time relevant to the provision of introduction services by the Agency including any change of circumstances.

The Client's responsibilities

It is the client's responsibility to pay the employees national insurance contribution and tax. We strongly advise that you should seek advice from your Inland Revenue Office. The Agency shall have no responsibility whatsoever for such matters not withstanding that information may be given by the Agency in connection with taxation payments and national insurance contributions that may relate to any engagement. This is given on the basis that the Client shall be responsible for confirming and verifying accuracy and effect of such information.

Is is the Client's responsibility to provide the applicant with an employment contract (not applicable for any au pair placement) between the employer and the applicant within eight weeks from the start date. The Client must agree with the employee prior to commencement of duties, details of pay, hours of work, holidays, sick pay, and notice period. The agency can provide sample contract if requested. The agency will assume that all terms of engagement in its sample contract have been agreed unless the client inform the Agency in writing to the contrary prior to the commencement of engagement.

It is the client's responsibility to inform the agency within 24 hours of receiving the candidates profile if the applicant introduced by the agency has already been introduced by a third party. If the client fails to do so, it will be presumed that the introduction has been made by the agency and therefore the relevant fee will apply.

The client agrees not to employ the applicant by or via third party if the applicant has been introduced by the agency first.

Once the applicant accepted the employment offer made by the client the client agrees to pay the relevant agency fees within the fourteen days of the confirmation of the placement by the agency . The placement fee can be paid by a cheque.

The Client agrees to notify the agency if the applicant is reengaged by the Client within the next six months of introduction by the Agency.

The Client is solely responsible for ensuring that a candidate is eligible to work in the United Kingdom or and for obtaining any work permits that may be necessary and for arranging any medical examinations and/or investigations into the medical history of any applicant.

Liability

The agency does not directly or indirectly employs the applicant. The Agency is acting as introductory agent only and accepts no responsibility whatsoever for applicants. The applicant is employed by the client directly. The agency will make every possible effort to find the most suitable applicant for the position but cannot guarantee the applicant suitability. The final decision to employ an applicant rests with the employer. The Agency can give no warranty, representation or undertaking as to the suitability, honesty or capability of any applicant nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Agency or on its behalf to the employer or as it shall direct in respect of the applicant. Verification of all such information, qualification and references shall be the responsibility of the employer and the Client is advised to check and verify them to their own satisfaction.

It is the responsibility of the Client to ensure that the applicant has an appropriate insurance cover.

The Agency shall not be liable under any circumstances for any loss, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking an applicant for the Client or from the introduction to or engagement of any applicant by the Client or from the failure of the Agency to introduce any applicant.

The agency shall not be liable under any circumstances for any expense arising from interviewing or engaging the applicants introduced by the agency or death or personal injury arising directly or indirectly out of any introduction of an applicant to the employer and/or in any way in connection with the provision of the introduction services and/or as a result of any act or omission of any applicant and/or as a result of providing a specimen contract of employment or contract for services to the employer in relation for which the employer shall seek independent advice.

Upon an engagement of a candidate by a Client the contractual relationship, whether of employment or otherwise, shall be between the Client and the candidate only and the Agency shall neither be a party nor be responsible for any negotiations or otherwise. The Agency can give no warranty, assurance or guarantee that a candidate will honour its commitments with respect to any engagement with the Client.

Babysitting Club Clients

All terms & conditions in this document are inclusive with the additional conditions described below otherwise stated:

All requests and cancellations for sitters must go through the agency. The family agrees not to contact the sitter on their own without prior consent from the agency.

The Babysitting Club registration fee is non refundable.

A minimum of 24 hours notice is required for cancellation of babysitting services, otherwise a full booking fee of £4.99 will be payable to the Agency and an additional cancellation charge of four hours will apply in addition to the charges which will be forwarded to the concerned babysitter.

Babysitting agency booking fee is also non refundable however when at least 24 hours cancellation notice is given by the Client, the Agency may be able to arrange a babysitting booking for a different date subject to sitter's availability. Although any alteration in babysitting date made after a sitter is requested will result in a £4.99 rebooking fee instead of the additional regular rebooking fee of £4.99.

All babysitters will be paid directly by the Client at the end of the babysitting, at an agreed rate set by the Agency.

Although we will try our best to provide a babysitter, we cannot guarantee availability, especially at short notice.

The Agency will notify the client 24 hours in advance if we are unable to find you a sitter. For emergency requests, we will notify you as soon as possible if we cannot fill the request.

Overseas Clients

All terms & conditions in this document are inclusive with the additional conditions described below otherwise stated:

A minimum admin fee of £100 +VAT is applicable for overseas placement.

The Client is responsible for ensuring that all the relevant laws relating to the employment, taxation, national insurance and insurance of the candidate are fully complied with and the candidate is issued with all the appropriate contractual or other documentation.

The Client is responsible for obtaining any medical certificates, work permits or other approvals necessary for the candidate prior to the commencement of employment.

The Agency can advise the Client of suitable travel arrangement through recommended agents. The Client agrees to arrange bookings and payments and refunds of travel tickets and insurance etc. The Client agrees to accept reverse phone call charges from prospective candidates calling long distance.

Placement Fees

Permanent placement

Part time/Full time/Live In /Live Out Nanny, Mothers help, Housekeepers (4 weeks net salary).

Night nanny /Weekend nanny £15 /night or 4 weeks net salary if permanent.

Proxy parenting £15 /night or 4 weeks net salary if permanent.

Maternity nurse £80 for each week booking and £15 /day for any additional days.

Doula £20/ night or 4 weeks net salary if permanent.

Overseas placement 6 weeks net salary.

Temporary Fees

Temporary nanny, Mother's help, Housekeeper (Less than three months) £15 /day OR £60 /week.

Babysitters evening booking fee £4.99 per booking. Babysitting Club registration fee is from £39.99/year.

Au pair placement

one to three months £99

three to six months £249

six to twelve months £385

After 12 months period from the au pairs start date the agency fee will become payable again if the au pair continues the placement.

The agency reserves the right to request for home visits prior to the au pair placements on their behalf.

Should the number of days or hours a part-time applicant works per week increase after the commencement of duties, the Client shall be liable to pay the appropriate agency fee.

The fee charged for the introduction of any applicant permanent or temporary is applicable to one engagement only. Reengagement of an applicant by the Client at a future date will be rechargeable at the current agency placement fee. The Agency must be notified immediately of any such arrangement.

If a maternity nurse is subsequently employed as a nanny, mothers help or housekeeper then a further fee shall be payable in accordance with the Agency’s Fee Structure for a new Placement within 14 days.

If the Client has to delay the commencement of the engagement of the candidate (for example because of the birth of a baby later than expected) then the Client shall be liable to pay the candidate the full agreed weekly salary from the agreed date of commencement unless written agreement by the candidate.

If a candidate is engaged on a trial basis for a period of up to a maximum of 1 day and the placement does not become permanent then the Agency will not charge a fee. If a candidate is engaged on a trial basis for a period of more than 1 day and the placement does not become permanent then the fee chargeable will be calculated on the basis of a temporary placement. If the placement does become permanent then the balance of the fee for a permanent placement is payable immediately upon the rendering of the Agency’s invoice less any fees already paid in respect of the trial placement.

The Agency cannot guarantee that the candidate will complete his or her proposed length of engagement.

The Client acknowledges and understands that the Agency fee does not include any part of the candidate’s salary.

In the event of the invoice not being paid in full, the agency reserves the right to charge interest on the unpaid balance @ 2% per month or part thereof.

Replacements and Refunds

The Agency will attempt to find a replacement candidate at no extra cost to the Client or offer refund provided that:

The Client notifies the Agency in writing within 5 days of the termination of employment.

The client must pay the agency fees within fourteen days from the the confirmation of the placement.

The Client allows the Agency up to 6 weeks to introduce a suitable replacement candidate.

The candidate did not leave due to a change in the job description or a change in the work location, or due to unreasonable working conditions.

The Client has not failed to carry out any of its obligations under these terms and conditions and current employment legislation.

Permanent Placements:

If termination occurs within first 4 weeks: free replacement* or full refund of the Agency fee less £75 admin fee. If termination occurs within 4 to 8 weeks: free replacement* 50% refund of the Agency fee less £75 admin fee.

Should the applicant cancel or fail to take up the position with the Client despite confirmation a free replacement will be found or full refund made less £75 admin fee.

*The Agency will provide one replacement candidate from a suitable selection providing all the terms and conditions set in this document has been fully satisfied by the Client.

A client is not entitled to any refund if

The engagement terminates after eight weeks.

The agency fee was not paid within fourteen days of the confirmation of the placement.

There has been a temporary placement (less than 3 months). Refund is also not available to Babysitting Club clients.

The client decides not to accept the applicant and notifies the agency less than five days prior to the agreed start date.

If the candidate leaves due to unreasonable conditions (verbal/physical abuse or mistreatment).

If the candidate has been dismissed without being given a notice as stated in the employment agreement. Au pairs needs to be given two weeks notice.

Refunds are for permanent placements only. Refunds are not available to Babysitting Club clients.

A permanent placement is deemed satisfactory after 8 weeks unless the Agency is notified to the contrary within the first 8 weeks from the start of the permanent Placement. No refund will be payable should a Candidates employment be terminated after 8 weeks.

A temporary placement is deemed satisfactory after 2 days unless the Agency is notified to the contrary within the first 2 days from the start of the temporary placement. No refund will be payable should a candidates employment be terminated after 2 days.

No refund will be paid if a maternity engagement is terminated before the conclusion of the agreed period of employment.

No refund or free replacement will be applicable if the Client has failed to honour a previously agreed start date, or has prevaricated over the date to such an extent that the candidate has sought employment elsewhere.

In the case of temporary placements the relevant fee is based on the number of weeks initially requested. No refund or deduction from the Agency fee will be given if the number of weeks is subsequently reduced on a temporary engagement. Similarly no refund or deduction will be made if an engagement is reduced from full-time to part time or permanent to temporary.

If the Client has to delay the commencement of the engagement of the candidate (for example because of the birth of a baby later than expected) then no refund of the Agency fee or any part thereof shall be payable.

Law

These terms and conditions of business are governed by the law of England and Wales and are subject to jurisdiction of the court of England and Wales.

The agency reserves the right to modify & revise these terms & conditions at any time. Each time you use Buttercup Nannies website or the agency services you should review these terms & conditions as you are bound to accept the most current version.