Burlington Nannies Terms of Business
1.1 “Agency” means Burlington Nannies & Maternity Ltd”Agency Fee” means the fee payable to the agency for the services as set out in the terms and conditions.”Agreement” means the agreement for the provision of the services by the agency to the Client as contained in the Client Registration Form and these conditions.”Applicant” means a person introduced by the Agency to the Client for employment in respect of childcare on a temporary basis (including for reasons of maternity) or a permanent basis and whether full time or part time.”Client” means the client named on the Client Registration Form for whom the Agency has agreed to provide the Services in accordance with these conditions.”Client Registration Form” means the form to which these Conditions are annexed.”Introduction” means the Clients interview of an applicant in person or by telephone or the passing by the Agency to the Client of a Curriculum Vitae or other information which identifies the Applicant and which leads to the employment of that Applicant by the Client.”Services” means the Introduction of an Applicant by the Agency to the Client in the accordance with this Agreement.”Writing” includes facsimile transmission, letter and e-mail.
1.2 Words denoting the masculine gender shall include the feminine and neuter genders and vice versa and words denoting the singular shall include the plural and visa versa.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.4 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, reinacted or extended at the relevant time.
Supply of the Services
2.1 1 These Conditions apply to the Agreement for the supply of the Services by the Agency to the Client to the exclusion of all other terms and conditions including any terms and conditions, which the Client may propose to apply.
2.2 Any variation of this Agreement (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing between the parties.
2.3 The Agency shall use reasonable endeavours to ensure the Introduction of an Applicant who is suitable for the Client but does not guarantee the suitability of any Applicant introduced or supplied to the Client and accepts no liability for any loss or damage arising from any negligence, misconduct, dishonesty or lack of skill of the Applicant.
Responsibilities of the Client
3.1 The Client shall specify their exact requirements and provide full details of the type of work and period of employment for which the Applicant is required.
3.2 The Client shall notify the Agency immediately in writing of the offer of employment to an Applicant and shall notify the Agency immediately in writing of the Applicant’s acceptance of such offer of employment.
3.3 The Client shall be responsible for obtaining work and other work permits, for arranging any appropriate medical examination and for checking the medical history of the Applicant.
3.4 The Client shall be responsible for the payment of the appropriate remuneration for any Applicant employed as a result of an Introduction and shall where appropriate deduct and pay National Insurance Contributions and Income Tax as applicable to that Applicant.
3.5 Any information provided by the Agency to the Client in respect of an Introduction is for the use only of the Client and shall be kept confidential by the Client and not passed on to any third party looking to employ that Applicant. The passing on of information to such third party which results in that third party employing the Applicant shall render the Client liable for payment to the agency of the Agency Fee under terms of this Agreement.
3.6 It is the responsibility of the Client to satisfy himself as to the suitability of any Applicant and to take up any references provided by the Applicant or the Agency and to make appropriate checks of qualifications or driving licences.
All fees are worked on a percentage of the annual net salary and is a one off payment
- London 14%
- Rest of UK 12%
- Overseas 20%
There is a £50 registration fee for overseas clients.
- United Kingdom £30 per day. £110 for 5 days. £150 for 7 days
- Overseas £40 per day. £150 for 5 days. £180 for 7 days
- United Kingdom £100 per week
- Overseas £120 per week
- United Kingdom – 17%
- Overseas – 25%
All fees are exclusive of VAT
Where a temporary position subsequently becomes a permanent post 50% of the fees payable at that point for the temporary post will be credited against the permanent fee (in accordance with the scale of charges above) and an appropriate invoice raised and payable immediately by the client.
4.1 The Agency Fee shall become due and payable to the Agency immediately an Applicant accepts employment with the Client as the result of an Introduction.
4.2 The Agency Fee is payable by the Client within seven days from the date of invoice.
4.3 3 In the event of late payment the Client shall pay interest on the amount of the Agency Fee outstanding at the rate of statutory interest under the Late Payment of Commercial Debts (interest) Act 1998 from the due date of actual payment. Late payments (outstanding more than 7 days after the due date) may also incur a late payment charge of £12 for each weekly reminder.
4.4 The Agency Fee is to be paid in full prior to the Applicant commencing employment with the Client or in the case of overseas Clients before the Applicant leaves the United Kingdom to take up such employment and the Agency reserves the right to advise the Applicant to withdraw his or her acceptance of the employment in the event that payment in full has not been made. In such circumstances the provisions of clause 6 hereafter shall not apply.
4.5 If the Client has to delay the commencement of the employment of the Applicant (for example because of the birth of a baby later than expected) then the Client shall be liable to pay the Applicant the full agreed weekly salary from the agreed date to the date of actual commencement and no refund of the Agency Fee or any part thereof shall be payable.
4.6 If the Client cancels a confirmed booking less than fourteen days prior to the agreed commencement date the Client shall pay the full Agency Fee payable in respect of such booking and one week’s agreed salary for the Applicant to the Agency.
4.7 The Client shall pay to the Candidate reasonable travelling expenses for the Applicants attending interview with the Client, subject to agreement before the interview by both parties.
4.8 The Client shall be liable for and shall indemnify the Agency against all costs and expenses incurred by the Agency in respect of any steps, actions or proceedings made or brought against the Client by the Agency to obtain payment of outstanding Agency Fees and interest.
4.9 All payments must be in UK pounds sterling unless otherwise agreed in writing. If any cheque from the Client is returned by the bank as unpaid for any reason the Client will be liable for an administration fee of £25 or such increased fee as the Agency may from time to time reasonably require.
5.1 If an Applicant employed by the Client on a temporary or maternity basis is re-employed by the Client within one calendar year of the termination of the original period of employment (whether such re-employment is on a temporary or permanent basis) then a further Agency Fee shall be payable by the Client to the Agency, such fee to equivalent to the Agency Fee which would have been payable if the Agency had introduced the Applicant to the Client at the time of re-employment.
5.2 If the employment of an Applicant employed on a temporary or maternity basis is extended beyond the period specified in the Client Registration Form the Client shall be liable to pay an additional Agency Fee to the Agency such fee being the Agency Fee which would have been payable on the introduction of the Applicant for the extended period after deduction of the Agency Fee already paid by the Client.
5.3 If the employment of an applicant employed on a permanent part time basis is extended to full time employment in the first year of employment then the Client shall be liable to pay to the Agency an additional Agency Fee such fee being the Agency Fee which would have been payable at the time of the Introduction in respect of full time employment after deduction of the Agency Fee already paid by the Client.
Free Replacement/Refund Policy
6.1 These provisions shall only apply if the Client has paid the appropriate Agency Fee and any other charges under this agreement in full prior to commencement of employment
6.2 If the Applicant does not commence employment with the Client after accepting employment in writing the Client will receive a full refund.
6.3 If the Applicant leaves the employment of the Client within eight weeks of commencing such employment the Agency will provide one replacement provided (a) the invoice was paid in full within 7 days of receipt or prior to the commencement of employment (b) the working conditions and original job specification have not changed
7.1 Except in respect of death or personal injury caused by the Agency’s negligence or as expressly provided in these Conditions the Agency shall not be liable to the Client by a reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms of this agreement for any loss of profit, loss of business or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Agency or its employees or agency otherwise) which arise out of or in connection with the provision of the Services and the entire liability of the Agency under or in connection with this agreement shall not exceed the amount of the Agency Fees paid for the provision of the Services except as expressly provided in these Conditions.
8.1 Either party may (without limiting any other remedy) at any time terminate this agreement by giving written notice to the other commits any breach of these conditions and (if capable of remedy) fails to remedy the breach within thirty days after being required by written notice to do so or if the other goes into liquidation or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
8.2 In the event that the Agreement is terminated by the Agency under the clause, the Client shall not be entitled to any refund of the Agency Fee already paid and any Agency Fees due at the date of termination and interest thereon and all other sums due to the Agency will immediately become payable in full.
9.1 These Conditions together with the terms set out in the Client Registration Form constitute the entire agreement between the parties and supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law.
9.2 Neither party may assign transfer or in any way make over any of its rights or obligations to any third party without the written consent of the other party.
9.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such address as any at the relevant time has been notifies pursuant to this provision to the party giving the notice.
9.4 No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
9.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
9.6 English law shall apply to this agreement and the parties agree to submit to the jurisdiction of the English courts.
9.7 It is not intended that any of the terms 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.