Terms and conditions
Contract and Definitions
- These Terms and Conditions of Business are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the courts if England and Wales.
- These terms and conditions shall represent a legally binding contract between the client or employer (the “Client”) and Ella’s Angels (“the Agency”).
- “The Agency” means Ella’s Angels
- “The Candidate” means any nanny, mother’s help, au pair, maternity nurse or childcare professional requested or introduced in any capacity.
- “The Client” means the employer to whom the Candidate is introduced.
- “Engagement” means the employment or use of the Candidate by the Client or any third party on a permanent or temporary basis.
- “Introduction” means any details of a Candidate given to the Client or third Party by email, post, telephone, in person or other means.
- “Fee” refers to the fee payable by the Client to the Agency for an “Introduction” resulting in an engagement.
- “Trial day” When a client wants to try a candidate. (temporary fees will apply).
- The verbal or written instruction by the Client to The Agency to submit suitable Candidates for contact or interview shall constitute acceptance by the Client of these terms and conditions.
- An engagement takes place when a Candidate has accepted, either verbally or in writing, a position offered by the Client.
- It is the responsibility of the Client to notify the Agency if a Candidate has been engaged.
- Fees are payable upon engagement, even if the starting date is at a later specified time, and must be paid within 7 days of the date on the invoice submitted by the Agency, and at all times must be paid prior to the Candidate’s start date.
- The Agency reserves the right to charge the Client a 20% surcharge on all accounts not settled within this period.
- Agency fees are based on the number of hours per week for which a Candidate is placed. If the number of hours per week differs during the year (for example term-time hours and school holiday hours are different) the agency fee will be calculated based on the maximum number of hours a candidate is required to work per week.
- Agency fees for nannyshare arrangements are as follows:
- Where two clients register with the agency together in search of a Candidate, each client will be charged 50% of the relevant agency fee.
- Where two clients approach the agency separately each client will be charged the full agency fee.
- If the agency introduces two clients seeking a nannyshare, but do not employ a Candidate through the agency, then 25% of the agency fee will be charged to each client.
- In the case of the Candidate returning to the Client at a future date or if a temporary or part-time engagement is extended then the appropriate additional fee shall become payable. The Client agrees to notify the Agency of a re-engagement or extension of a temporary engagement.
- If a Candidate is put forward by Ella’s Angels to the Client and the Client has had previous contact with the Candidate but has not interviewed the candidate for their nanny position, the agency Fee will be payable in full.
- In the case of temporary positions, and unless otherwise agreed, the relevant Fee is based on the number of weeks or days or nights initially requested. No refund or reduction from the Agency’s current rate will be given if the booking is cancelled or the number of weeks is subsequently reduced; this includes trial days.
- The Agency reserves the right to alter fees by giving 7 days’ notice in writing of so doing.
- All communication, whether written or oral or however communicated, shall remain confidential between the parties. However, any information given by the Client to the Agency is given with the knowledge that it may be passed on to the Candidate in the interests of providing effective service.
- Should the Client pass on any information including, inter alia, details of Candidates, or recommend a Candidate to a third party, resulting in a booking of temporary or permanent childcare employment, the Client will be liable for the full relevant fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.
- Introduction by Third Parties
It is the obligation of the Client to inform the Agency immediately if the Agency introduces a Candidate who has already been introduced by a third party. Failure to do so will result in the presumption that the Agency effected the introduction and the relevant fee will become payable.
- The Agency endeavours to provide the Client with only the most suitable Candidates. However, the final decision to employ a Candidate is the sole responsibility of the Client. The Agency does not accept any liability for any kind of inconvenience, loss or damage however arising and whether caused directly or indirectly from an act or omission of a Candidate introduced by the Agency. Similarly, no warranty is offered in respect of suitability, honesty, capability or character of any Candidate introduced by the Agency and employed by the Client.
- The Client is responsible for deciding to appoint a Candidate and for ensuring that reference and other relevant checking is to their satisfaction before commencing with any form of employment.
- Candidates are not under the employment of the Agency at any time. The Client is responsible for:
- Providing the employee with a contract of employment
- Paying the wages of the employee in accordance with that contract
- Accounting for the Tax and National Insurance in respect of the employment of the employee
- Taking out insurance cover in respect of the employee whilst the employee is in the Client’s home
- Paying the Candidate any agreed salary for trial hours required to ascertain the suitability of the Candidate, which is the Client’s ultimate responsibility
- The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
- The Agency has a template contract of employment and is happy to provide this template to the Client on the understanding that it is for guidance purposes only. The client is advised to take independent legal advice on matters of contract law.
- Our Guarantee
6.1 If a Candidate who has been confirmed a permanent placement with the Client either does not start employment, has their employment terminated in writing within 4 weeks or leaves within 4 weeks of starting employment with the Client then one replacement will be placed with the Client subject to the following conditions:
6.1.1 The Agency is informed within 2 days of the termination of employment or cancellation of booking
6.1.2 The relevant fee has been settled in full within 7 days of the invoice, and on all occasions, must be paid prior to the start date of the candidate
6.1.3 The booking has not been cancelled because of unreasonable demands by the Client
6.1.4 The employee has not left because of unreasonable working conditions or because of a change in the job description, contract or change in location
6.2 If no replacement can be found within 4 weeks from date of termination of employment of the previous candidate, the Agency will pay the following refund on a sliding scale, excluding an administration charge of £195, which is non-refundable:
1-2 weeks from start date of contract 70% refund
3-4 weeks from start date of contract 30% refund
6.3 No refund is given for temporary placements, except when the Candidate cancels the engagement prior to commencement of employment. In this case the Client must provide written notification to the Agency.
6.3.1 A refund or replacement on a temporary placement is conditional and will only apply if the Client has paid the Fee full
6.3.2 The Client does not change significantly any of the original requirements for the placement
6.3.3 Neither the Client nor any subsidiary or associated Company of the Client shall engage the Applicant within 24 months from the date of termination of engagement.
6.3.4 No replacement service or refund will be applicable if the Client has failed to honour a previously agreed start date, or has prevaricated over the date to such an extent that the Candidate has sought employment elsewhere.
6.4 No refund will be given where the Client retains the services of a Candidate even though the Client considers the Candidate unsatisfactory
6.5 If the Client agrees a Candidate replacement, and the replacement Candidate is employed for a lower number of hours than the candidate who is being replaced, there will be no part-refund on placement fee.
6.6 If the client cancels the booking after an engagement has been agreed, but before the engagement commences, 75% of the Fee will be charged.
6.7 In the event of a client cancelling the engagement offer after the Nanny has commenced work, because the client decides that a nanny is no longer required and therefore does not require a replacement, the recruitment fee is required to be settled in full.