T's & C's - Permanent Placement (13 weeks or longer)
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, who undertakes a combination of childcare and housekeeping. Tasks are completely Client dependant. They may include but are no means limited to the following; childcare, shopping, cooking, pet sitting and laundry.
1.2 The Agency agrees that the charges will not exceed the rates established in this agreement.
1.3 The Agency agrees that the fee covers all charges for the finding, screening, placement and ongoing management of the Kaya Nanny.
1.4 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.
1.5 The Kaya Nanny is employed by the Client.
2.1 For services provided by the Agency to the Client pursuant to this Agreement, the Agency shall be paid: = (8 x the Kaya Nanny gross weekly salary), with a minimum charge of £600 for placements outside London and a minimum charge of £700 for placements in London.
2.2 The Client will be charged once the Kaya Nanny has accepted the offered position. Payment must be made within fourteen (14) days of issue or prior to the commencement of the employment, whichever occurs soonest.
2.3 If the Client exceeds the fourteen (14) day payment terms, then an additional 5% charge will be added for each week the payment is late. If the Client hasn’t paid the invoice by the start date of the employment, then the Kaya Nanny will be suspended from starting until full payment is received.
2.4 The Client will also be charged an initial £250 fee on placement of the Kaya Nanny to cover the training and set up costs. This compulsory charge is added to the invoice.
2.5 Invoice details shall include; dates, services provided, the salary per week, the name of the Kaya Nanny and classification of the type of labour provided.
2.6 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, then the Client will be subject to paying the placement fee in full as per clause 2.1 for the introduction of the engaged Kaya Nanny.
2.7 If the Client increases the number of hours that the Kaya Nanny works each week, within 6 months of the Kaya Nanny’s agreed start date, then the Agency reserves the right to charge the Client the difference in fee owed as a result of the increased hours.
2.8 All fees are subject to VAT
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 as of the Effective Date first set forth above and continue until twelve (12) weeks after the commencement of the placement on and at the end of the settling in period.
5.1 This Agreement may be terminated prior to the previously referenced termination date 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 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, up to two new potential Kaya Nanny’s from which one may be appointed. If the Client rejects the shortlist of replacements offered, a refund of the fee is offered as follows and the Agency accepts no further liability.
6.1.1 50% within the first four weeks
6.1.2 35% within four to eight weeks
6.1.3 20% within eight to twelve weeks
6.2 If the Kaya Nanny leaves within the first 12 weeks of the placement and the Agency is informed in writing within 5 days by the Client, then the Client will be offered, if desired, up to two potential Kaya Nanny’s from which one may be appointed. If the Client rejects the shortlist of replacements offered, a refund of the fee is offered as follows and the Agency accepts no further liability.
6.2.1 50% within the first four weeks
6.2.2 35% within four to eight weeks
6.2.3 20% within eight to twelve weeks
6.3 If the Agency cannot offer any replacement Kaya Nanny’s for consideration, a refund of the fee is given as follows and the Agency accepts no further liability.
6.3.1 50% within the first four weeks
6.3.2 35% within four to eight weeks
6.3.3 20% within eight to twelve weeks
6.4 No claim for replacement or refund is available where the Agency has not received payment in full as per clause 2.2.
6.5 The Client is not able to claim for replacement or refund if their requirements have changed or the job description is altered in any way.
6.6 The Client is only able to claim for refund or replacement within 6 weeks from the date of termination, providing the agency was informed in writing with 5 days of the termination of the employment. This means a replacement must be issued within this time frame or a refund given. If the Agency is unable to offer a replacement, then they may choose to extend to find a replacement or to issue the refund as applicable.
6.7 Refund and replacement are only offered once on the original Kaya Nanny placed. Refund and replacement are not applicable to a replacement Kaya Nanny.
6.8 The Agency considers all cases for replacement and refund outside of the twelve-week settling in period, on a case-by-case basis.
6.9 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) 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.