T's and C's – Monthly Fee
WHEREAS the Client requests that the Agency provides the Client with professional, skilled and appropriate labour in the general fields of childcare and housekeeping within the Client's home environment, in the form of a Kaya Nanny (the Kaya Nanny); and
WHEREAS the Agency is able and willing to provide the services as requested by the Client;
The Agency and the Client hereby agree to the following terms:
1.1 The Agency provides a service in the form of the Kaya Nanny whose main duty is to take responsibility for the children’s safety and well-being. Tasks are completely Client dependant. They may include but are no means limited to the following; childcare, shopping, cooking, pet sitting and laundry.
1.1 The Agency agrees that the charges will not exceed the rates established in this agreement.
1.2 The Agency agrees that the fee covers all charges for the finding, screening, placement and the running of payroll on behalf of the Client.
1.3 All Kaya Nanny employment decisions lie with the Client, the Agency solely acts as an introduction and management agent between the Client and the Kaya Nanny.
1.4 The Kaya Nanny is employed by the Client.
2.1 For services provided by the Agency to the Client pursuant to this Agreement, the Client will be charged a fixed monthly amount based on 19% of the gross monthly salary for the first 12 months of employment. After this, the fee will be reduced to £25p/m for the ongoing payroll service.
2.2 The Client will be invoiced on the 28th of the month
2.3 The invoice will have seven (7) day payment terms
2.4 If the Client exceeds the seven (7) day payment terms then an additional 5% charge will be added for each week the payment is late.
2.5 The Client will also be charged an initial £200 set up and training fee. This compulsory charge is added to the first invoice.
2.6 Invoice details shall include; dates, services provided, the gross salary and the name of the Kaya Nanny.
2.7 If the Client is introduced to a Kaya Nanny and does not engage them through the Agency but then engages the Kaya Nanny directly within 12 months of the Agency introducing them, they will be subject to paying the placement fee in full (of 8 x the Kaya Nanny’s weekly salary), with a minimum charge of £600, for the introduction of the engaged Kaya Nanny.
3.1 All introductions of the Kaya Nanny, by the Agency, and their details shall remain confidential and must not be passed indirectly to any third parties.
3.2 All information and knowledge that the Agency may receive from the Client shall be kept in strict confidence and shall not be directly or indirectly disclosed by the Agency to any individual without written consent of the Client.
4.1 This Agreement shall be in force for the duration of the Client working with the Agency.
5.1 This Agreement may be terminated upon the death or incapacitation of any person supplied by the Agency to the Client if that individual was necessary for the Agency’s specific performance hereof.
5.2 The Agency or the Client may also terminate this Agreement at any time for any justifiable reason upon written consent of both parties.
5.3 If the Client wishes to terminate the Agreement within the first 12 months they may be liable to pay the remaining fee balance.
5.4 Agreement termination shall not release the Agency from its responsibilities of confidentiality and indemnity as set forth in this Agreement.
6.1 If the Client decides within 12 weeks of the commencement of the placement that the Kaya Nanny is in fact ill-suited and the Agency is informed in writing within 5 working days, then the Client will be offered, if desired, a shortlist of three new potential Kaya Nannies from which one may be appointed. If the Client rejects the shortlist of replacements offered the Agency accepts no further liability.
6.2 If the Kaya Nanny gives in their notice and the Agency is informed in writing within 5 days by the Client, then the Client will be offered, if desired, a new shortlist of potential replacement Kaya Nannies from which one may be appointed. If the Client rejects the shortlist of replacements offered the Agency accepts no further liability.
6.3 If the Agency cannot offer any replacement Kaya Nannies for consideration the Agency accepts no further liability.
6.4 No claim for replacement is available where the Agency has not received payment in full within seven (7) days of the invoice date.
6.5 If the Client terminates the agreement and does not engage a replacement Kaya Nanny through the Agency, but then proceeds to engage either the original Kaya Nanny or replacement Kaya Nanny within the following twelve months, then the Client will be subject to paying the placement fee in full (of 8 x the Kaya Nanny’s weekly salary), with a minimum charge of £600, for the introduction of the engaged Kaya Nanny.
7 Independent Contractor
7.1 The Agency shall be considered neither an agent nor an employee of The Client, but rather, shall be an independent contractor. The Agency therefore has no authority under which to enter any type of agreement on behalf of The Client.
8 Suitability of the Kaya Nanny
8.1 Whilst the Agency endeavours to personally assess the suitability of the Kaya Nanny through the comprehensive application process, checking three references and obtaining an Enhanced DBS check, it is the Clients responsibility to satisfy themselves as to the suitability of the Kaya Nanny for the engagement.
8.2 The Agency does not accept any responsibility or liability for any loss, damage, expense delay or personality clashes resulting from the Clients engagement of the Kaya Nanny, nor do they give any guarantee concerning the suitability of the Kaya Nanny. It is up to the Client to satisfy them in this respect.
8.3 The Agency does not accept any legal responsibility for false information that may be supplied by the Kaya Nanny.
9 Governing Law
9.1 This agreement will be governed by and interpreted in accordance with English Law. The Client and the Agency agree to submit to the exclusive jurisdiction of the English Courts and Tribunals in relation to any claim or matter arising in connection with this contract.