1. All and any business is undertaken by North West Childcare (‘the Agency’) is transacted subject to these conditions each of which have been incorporated or implied in any agreement between the Agency and 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 and are solely in consideration of the introductory service between Clients and Applicants. The Agency can not 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 fr
3. All reasonable and due care is taken by the Agency to screen Applicants but no quarantees whatsoever are given by the Agency with respect to the Applicant’s suitability or otherwise, save that the Agency will always check a minimum of two 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.
4. 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.
5. An introduction fee in accordance with the Schedule of Fees (printed in this leaflet) shall be payable to the Agency 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 provided always that the Agency will not refund any fees 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.
6. 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. Interest will be chargeable on all outstanding invoices at the rate of 4% above the prevailing base rate of Barclays Bank PLC from the due date to the date of actual settlement.
a) If a permanent (‘permanent’ to be defined as a period of 8 weeks and over) Applicant does not remain in the Client’s employment for at least 4 weeks, the Agency undertakes to use its best endeavours to replace the Applicant at no additional charge to the Client, save, that the Agency is only obliged to find a replacement, provided that the Client notifies the Agency in writing within 7 working days of the termination of the engagement.
b) If a permanent leaves the employ of a Client within six months of starting work, the Agency in its sole discretion may charge the Client a reduced fee for obtaining a replacement Applicant.
8. In the event that the agreement is cancelled, after a firm booking, for whatever reason, the Client will be charged the sum of £100.00 plus VAT (where applicable) in consideration of administration costs incurred by the Agency.
9.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.