TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT OR TEMPORARY STAFF (TO BE DIRECTLY EMPLOYED BY THE CLIENT)

1.    DEFINITIONS

1.1.    In these Terms of Business the following definitions apply:

    “Applicant”    means the person introduced by the Agency to the Client for an Engagement.

    “Client”     means the person to which the Applicant is introduced;

    “Agency”     means Greenacre Nannies

    “Engagement”     means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis.
    
    “Introduction”    means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitæ or information which identifies the Applicant; and which leads to an Engagement of that Applicant;

1.2.    Unless the context requires otherwise, references to the singular include the plural.

1.3.    The headings contained in these Terms of Business are for convenience only and do not affect their interpretation.

2.    THE CONTRACT

2.1.    These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of an Applicant or the passing of any information about the Applicant to any third party following an Introduction.

2.2.    These terms contain the entire agreement between the parties and unless otherwise agreed in writing by Greenacre Nannies, these Terms of Business prevail over any other terms of business or purchase conditions put forward by the Client.

2.3    No variation or alteration to these Terms 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 stating the date on or after which such varied terms shall apply.

3.    NOTIFICATION AND FEES

3.1.    The Client agrees:

a)    To notify the Agency immediately of any offer of an Engagement which it makes to the Applicant;

b)    To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and

c)    To pay the Agency’s fee within 7 days of the date of invoice.

3.2.    Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant accepts the offer of the Engagement whether such an offer shall be conditional or not, when the Agency will render an invoice to the Client for its fees.

3.3    The Agency reserves the right to charge interest on invoiced amounts unpaid for more than 7 days at the rate of 8% per annum [above the base rate of the Bank of England] from the due date until the date of payment.

3.4    The fee payable to the Agency by the Client for an Introduction resulting in a Permanent Engagement (over 3 months) is the amount equal to 3 ½ times the Applicants Net Weekly wage, with a minimum fee of £300.

3.5 In the event that the Engagement is for a fixed term of less than 3 months, the fee will be £20 a day or £80 for a 5 day week.  If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Applicant within 6 calendar months from the date of termination of the first Engagement the Client shall be liable to pay a further fee based on the additional Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is the sooner.

3.6 If the Client subsequently engages or re-engages the Applicant within the period of 6 calendar months from the date of termination of the Engagement or withdrawal of the offer, a full fee calculated in accordance with clause 3.4 above becomes payable.


4.    REFUNDS

4.1.    In order to qualify for the following refund, the Client must pay the Agency’s fee within 7 days of the date of invoice and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.

4.2.    If a Permanent Engagement is terminated by the Applicant before the expiry of 4 weeks from the commencement of the Engagement (for reasons unconnected to a change in job description, unreasonable working conditions or failure by the Client to comply with current legislation) 50% of the Agency fee will be refunded. After 4weeks from the commencement of employment no refund will be given under any circumstances.

4.3.    If a Temporary Engagement is terminated by the Applicant within the invoiced period (for reasons unconnected to a change in job description, unreasonable working conditions or failure by the Client to comply with current legislation) a pro rata refund will be given for each full week not worked. This will not exceed 50% of the original invoice.

4.4.    Should the Applicant fail to take up the engagement and the Client has paid the full fee to the Agency a full refund of the placement fee will be returned to the Client.

4.5.    In circumstances where clause 3.6 applies the full fee stated in clause 3.4 is payable and there shall be no entitlement to a refund.

4.6.    Should the Client terminate any Engagement after the Applicant has commenced employment no refund will be given.

5.    CANCELLATION FEE

5.1 If, after an offer of Engagement has been made to the Applicant, before commencement of employment, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency 50% of the Placement fee.

6.    INTRODUCTIONS

6.1.    Introductions of Applicants are confidential.  The disclosure by the Client to a third party of any details regarding an Applicant introduced by the Agency which results in an Engagement with that third party within 6 months of the Introduction renders the Client liable to payment of the Agency’s fee as set out in clause 3.4 with no entitlement to any refund.

6.2.    An introduction fee calculated in accordance with clause 3.4 will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through the Agency, whether direct or indirect, within 6 months from the date of the Agency’s Introduction.

7.    SUITABILITY AND REFERENCES

7.1.    The Agency endeavours to ensure the suitability of any Applicant introduced to the Client by obtaining confirmation of the Applicant’s identity; that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work to work in the position which the Client seeks to fill.

7.2.    The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and Applicant are aware of any requirements imposed by law or any professional body to enable the Applicant to work in the position which the Client seeks to fill.

7.3.    The Agency endeavours to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
 
7.4.    Notwithstanding clauses 7.1, 7.2, and 7.3 above the Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Agency before engaging such Applicant.  The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.

7.5.    To enable the Agency to comply with its obligations under clauses 7.1, 7.2, and 7.3  above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the type of work that the Applicant would be required to do; the location and hours of work; the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Applicant to possess in order to work in the position; and any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks. In addition the Client shall provide details of the date the Client requires the Applicant to commence, the duration or likely duration of the work; the minimum rate of remuneration, expenses and any other benefits that would be offered; the intervals of payment of remuneration and the length of notice that the Applicant would be entitled to give and receive to terminate the employment with the Client.

7.6.    The final decision to employ an Applicant rests with the Client and the Agency can give no guarantee as to the suitability, capability or honesty of any Applicant nor can the Agency guarantee the truthfulness or accuracy of any information, statement of reference provided by the agency or given to the Agency by the Applicant or the Applicant’s past employers/referees. Although we carefully check and screen all Applicants verification of all information and references shall be the client’s responsibility.

   7.7 The Client as the Employer is responsible for providing a contract of employment, wage slips and for payment of all tax and National Insurance contributions for the Applicant.  The Agency acts only as an introductory/booking agent and holds no employer responsibility for any Applicant, either in a permanent or a temporary Engagement.

8. LIABILITY

8.1 The Agency shall not be liable under any circumstances for any loss, expense, 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.  

8.2 In no circumstances shall the Agency’s total liability to the Client, whether based on negligence, breach of contract, misrepresentation or otherwise, exceed the fee payable by the Client.

9. LAW

9.1These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.