Terms and Conditions
North West Childcare, part of Harris Recruitment, Terms and Conditions
1. All and any business undertaken by North West Childcare (hereafter known as ‘the Agency’) is transacted subject to these conditions each of which have been incorporated or implied in any agreement between the Agency and the employer (hereafter known as “the Client”). No variations of these terms and conditions shall be binding unless expressly confirmed by the Agency in writing.
2. Fees to the Agency are payable by the Client upon engagement ( not the date of commencement) and are solely in consideration of the introductory service between Clients and Applicants. The Agency cannot be held responsible for any losses, costs, claims, damages or liabilities to the Client and/or the children of any Client or to the Client’s property or to the Applicant arising form the introduction or engagement of Applicants through the Agency.
3. The Agency’s fee is applicable to one engagement and the fee for any applicant returning at a future date will be charged to the client at the usual rates. Should any engagement or re-engagement occur without notification to the Agency by the client, the full permanent will be charged to the client irrespective of the length of employment.
4. If a temporary placement becomes a permanent placement, the full permanent introduction fee becomes due and the appropriate additional fee will be charged, taking into consideration the temporary fee already paid, this will be payable as per the Agency’s normal terms of business.
5. In cases where the applicant has been engaged on a temporary basis and the employment continues for a period longer than that for which the fee has been calculated, or on a permanent basis, the Agency must be notified immediately and the appropriate additional fee will be charged and will be payable as per normal terms of business.
6. Clients retaining the services of one of our applicants in any capacity, will be charged for the period the applicant is retained, even if said applicant turns out to be unsuitable.
7. All reasonable and due care is taken by the Agency to screen Applicants but no guarantees whatsoever are given by the Agency with respect to the Applicant’s suitability or otherwise, save that the Agency will always check the qualifications of the applicant and their references to satisfy itself that the applicant is suitable, although the Agency cannot be responsible for the bona fides or accuracy of the said references.
8. All information supplied by the Agency is confidential and must not be passed either directly or indirectly to any actual or potential Clients or applicants. If any information is transferred or passed on in breach of this condition, the Client in breach will be held responsible for the Agency fee on the same terms as if the Client had herself/himself engaged the applicant on a permanent basis.
9. The engagement or use of the services directly or indirectly or referral by the Client of any Applicant whether permanent or temporary introduced to the Client by the Agency within one year of that introduction shall be deemed acceptance of and agreement to these terms and conditions by the Client.
10. An introduction fee in accordance with the Schedule of Fees (printed in this leaflet) shall be payable to the Agency, within 7 days of receipt of Invoice, by the Client if:
a) The Client engages or uses the services of directly or indirectly any Applicant whether permanent or temporary, introduced to the Client by the Agency within one year of that introduction.
b) The Client refers for employment any Applicant whether permanent or temporary introduced to the Client by the Agency to any person firm or corporation (‘third party’) resulting in an engagement for use of the services of directly or indirectly of that Applicant by the third party within one year of the introduction of the Applicant to the Client by the Agency.
11. The appropriate introduction fees as per the schedule of fees (as appears in this leaflet) shall be paid by the Client to the Agency within 7 days of the date of issue of the invoice either by BACS transfer or by cheque. Cheques should be made payable to “Harris Recruitment”. Interest will be chargeable on all outstanding invoices at the rate of 5% above the prevailing base rate of Barclays Bank PLC from the due date to the date of actual settlement.
12. If a permanent applicant does not remain in the Client’s employment for at least 8 weeks, the Agency undertakes to use its best endeavours to replace the Applicant at no additional charge to the Client, within a 4 week period, from date of notification. The offer of a free replacement is only offered to those clients who have settled our invoice, within our terms of business, which are 7 days from receipt of invoice.
13. The Agency will not provide a replacement where the Applicant had been treated unreasonably by the Client, given the circumstances of the job they are being retained to do or where the Client requires the Applicant to do duties that were not agreed at interview or are contained in any contract between the Client and Applicant.
14. The Agency fees are non refundable.
15. In the event that the agreement is cancelled, after a firm booking, for whatever reason, the Client will be charged the sum of £200.00 which is in consideration of administration costs incurred by the Agency.
16. The Agency does not employ the Applicants. The Client is the employer of the Applicant and all PAYE and National Insurance contributions together with any other statutory rights that the Applicant is entitled to are the responsibility of the Client.
17. The Agency accepts no liability whatsoever for the contents of any draft Contract it may provide the Client with to enable the Client to enter into a written contract with the Applicant. Any draft Contract is supplied as a guide and has not been drawn up by a lawyer with any specific circumstances in mind. The Agency recommends that the Client obtains its own legal advice in relation to any Contract it wishes to enter into with the Applicant.
18. Where a fee is based on an “agreed” salary and that salary is increased within the first nine month’s of the staff’s period of employ then an additional fee based on the increased salary (with credit being given for any fee already paid) is due and payable to “Harris Recruitment”. Fees for any nanny share shall be split between the two families.
19. The client is requested to reimburse all reasonable travelling expenses to the interview upon presentation of receipt.
20. The Agency reserves the right to review and revise these terms and conditions by giving one week’s notice to the Client.
21. These terms and conditions are governed by the law of England, Scotland, Wales and Northern Ireland and are subject to the exclusive jurisdiction of the Courts of England, Scotland, Wales and Northern Ireland.
All clients must have read the ‘Schedule of Fees’ and ‘Terms and Conditions’ for North West Childcare, part of Harris Recruitment and agree to be bound by them.