FEES, TERMS & CONDITIONS (revised 01/05/2008)

The Agency intends to rely on the terms set out here. To protect your own interests, please read this document carefully.

1. Definitions

1.1 “Agency” means Bibi & Beck Childcare Services.

1.2 “Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to whom the Candidate is introduced.

1.3 “Candidate” means the person introduced by the Agency to the Client for an Engagement, including any members of the Agency's own staff.

1.4 “Engagement” means the engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement, and the “commencement” of the Engagement shall mean the contracted first day of service by the Candidate in the employ of the Client.

1.5 Unless specified to the contrary, use of the singular is deemed to include the plural, use of any gender is deemed to include every gender and any reference to a person is deemed to include a corporation, a partnership and other body or entity; and (in each case) vice versa.

2. General

2.1 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.

2.2 These Terms and Conditions relate only to the introduction by the Agency and in no way whatsoever form part of any contract between the Client and Candidate.

2.3 These Terms and Conditions shall in all respects apply to and govern all contracts or agreements made verbally or in writing between the Client and the Agency.

2.4 The Client declares that the information given by it to the Agency is correct.

2.5 No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by an authorised officer of the Agency.

2.6 The Agency has the right to refuse to represent a Client at any time.

2.7 The Agency reserves the right to modify or amend these Terms and Conditions at any time as long as the Agency provides a copy of the revised Terms and Conditions to the Client as soon as is reasonably practicable.

2.8 If any part of these Terms and Conditions is held to be illegal, invalid or unenforceable in any respect, such invalidity, illegality or unenforceability shall not prejudice the effect of the rest of these Terms and Conditions to the extent that they are valid, legal and enforceable.

3. Client responsibilities

3.1 Prior to the commencement of the Candidate’s employment, the Client must provide the Candidate with a written contract of employment. Such contract must be between the Client and the Candidate. The Agency will not be a party thereto.

3.2 The Agency’s duty is to act as an introduction agency only. The Agency takes all reasonable care to interview Candidates and to take up references and to investigate qualifications, attitude and experience, and that the Candidate is willing to work in the position which the Client seeks to fill. The Client nevertheless undertakes to the Agency to use best endeavours to ascertain that the Candidate is in fact a suitable person for the appointment in question in terms of qualifications, capability and integrity, checking any references whether provided by the Agency or not, and that the terms and conditions offered in the contract of employment with the Client are suitable to the Candidate.

3.3 The Client is solely responsible for ensuring compliance with all employment, fiscal, and other relevant legislation and regulations and all taxation obligations including, without limitation, National Insurance contributions relating to the Engagement and any and all payments made to a Candidate and in any other way relating to the Engagement.

3.4 The Client is responsible for agreeing remuneration and conditions with the Candidate, prior to making the Engagement. The Client in any event warrants that conditions relating to tax, National Insurance, working hours, holiday and sickness benefit, accommodation, remuneration, notice and grievances shall be notified in writing to the Candidate on Engagement.

3.5 For live-in positions, the Client accepts and understands its obligations adequately to insure with a company of good repute the Candidate’s property, contents and any other items of value to the Candidate, and shall also ensure that such insurance remains in full force and effect for the duration of the Candidate’s Engagement.

4. Fees

4.1 The Client agrees to pay the following introduction fees (stated in pounds sterling and exclusive of VAT) starting from the date the Candidate first delivers services to the Client:

(a) For a permanent nanny working 5 days per week - £2,000 + VAT;

(b) For a permanent nanny working 4 days per week - £1,600 + VAT;

(d) For a permanent nanny working 2 days per week - £800 + VAT;

(e) For a permanent nanny working 1 day per week - £400 + VAT;

(f) For a weekend nanny working Saturday or Sunday-£440 +VAT;

(g) For a weekend nanny working Saturday and Sunday - £880 + VAT;

(h) For a temporary nanny working 5 weekdays per week - £90 + VAT;

(i) For a temporary nanny working 4 weekdays or fewer per week-£20 + VAT per weekday worked;

(j) For a temporary nanny working either Saturday or Sunday - £30 + VAT per weekend day worked;

(k) For a temporary nanny working both Saturday and Sunday - £50 + VAT per weekend worked;

(l) For a maternity nanny - £100 + VAT per week booked.

4.2 Half-days worked are treated as full days, and weekdays relate only to Monday to Friday.

4.3 For the purposes of clause 4.1, the nanny is considered to be permanent if the Client engages her for an intended term of more than 16 weeks. If the Client has engaged the Candidate on a temporary basis, but later decides to employ the Candidate on a permanent basis, then the fees set out in clause 4.1 will apply as appropriate. In such circumstances, the Client must inform the Agency within 24 hours of such agreement being reached with the Candidate. The Agency will then raise an invoice for the appropriate introduction fee as set out in these Terms and Conditions less any fees already paid in respect of the temporary Engagement.

4.4 Trial-basis nannies will attract an introduction fee of £20 per day worked. The Candidate may work for the Client on a trial basis for a maximum of 7 days. If the Client decides to hire the trial-basis nanny on a more permanent basis, then the Agency will refund any introduction fees paid under this clause 4.4.

4.5 All fees are subject to VAT at the standard rate.

4.6 The introduction fee payable to the Agency by the Client relates to one placement only.

4.7 The Client agrees to pay the Agency fee within 14 days of the date of an invoice from the Agency to the Client, and, in any event, prior to commencement of the Engagement.

4.8 Invoices not paid in full within 14 days of the date of invoice will be subject to interest charges (from the 15th day after the invoice date) on any monies owed at the rate of 10% interest per month, calculated weekly and compounded monthly. Failure to apply interest does not constitute a waiver of the option to charge it.

4.9 The fees relate only to the introduction by the Agency, and not to any remuneration due from the Client to the Candidate.

4.10 The Agency will calculate the invoice for temporary contracts on the dates given to the Agency by the Client prior to commencement of employment. However, should the Client re-engage the Candidate for further periods of employment or extend the original contract dates given to the Agency, then a further charge will be payable for the exact period of employment.

4.11 If a permanent Candidate is required, and the Client accepts a temporary Candidate until a more suitable permanent Candidate is available, 50% of the temporary fee already paid will be deducted from any subsequent permanent fee.

5. Notification

5.1 If the Client engages or re-engages a Candidate introduced by the Agency, whether directly or indirectly, in any capacity including babysitting, the Client is responsible for advising the Agency immediately giving details of the date of commencement, salary and term of employment. The Agency's fees applicable at the time of the Engagement or re-Engagement of the Candidate are payable by the Client.

5.2 The Client undertakes to notify the Agency in respect of any cause of dissatisfaction or any wants or imperfections in the performance or characteristics of the Candidate.

5.3 The Client agrees to notify the Agency immediately in respect of any changes to the job description or contract of employment between the Candidate and Client during the period of six months from commencement of the original Engagement. If this change results in a change of childcare services being provided by that Candidate, falling within a higher fee category, the difference between the fee paid and the additional fee must be paid by the Client to the Agency.

5.4 The Client agrees to notify the Agency immediately in writing or by email upon any decision by the Client to cease to use the Introduction Services of the Agency.

6. Refund/Replacement Policy

6.1 The Agency’s Refund Policy is as follows:

6.1.1 If the Candidate fails to commence employment, then a 100% refund will be given to the Client;

6.1.2 Where a permanent engagement is terminated by the Client after commencement of the Engagement, then the Agency will offer the Client either a free replacement or a refund (the choice between the two being at the Agency’s sole discretion) on the following terms:

(a) from the date of commencement of the Engagement up to and including 2 weeks therefrom, a refund of 100% shall be given, less an administration fee of £200;

(b) more than 2 weeks from commencement but up to and including 4 weeks therefrom, a refund of 50% shall be given;

(d) no refund can be given if the Candidate serves for more than 8 weeks from the commencement of the Engagement, subject to these Terms and Conditions.

6.2 No refund or replacement will be given where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory.

6.3 The Refund Policy set-out above will only be effective if:

6.3.1 the Candidate’s job description has not changed and the contract of employment between Candidate and Client has not been breached by the Client; and

6.3.2 the Agency is informed in writing or by email within 48 hours of the termination of the employment, along with the reasons for termination of employment; and

6.3.3 payment of the full corresponding fee has been received within fourteen days of the invoice date or, in any event, prior to the commencement of the Engagement; and

6.3.4 the Client is still intending to employ a child carer of the same category; and

6.3.5 the termination of the Engagement was not caused by the act or omission of the Client without good cause; and

6.3.6 no other agency or source is used by the Client within 7 working days of its notification to the Agency of the termination of employment while the Agency is looking for a replacement.

6.4 Should the Candidate fail to take up the appointment and no substitute can be found, a full refund of the placement fee will be made.

6.5 Only one free replacement can be provided by the Agency.

6.6 Where a replacement is offered by the Agency, the Client must allow the Agency at least 7 working days from the date of the Client’s notification to the Agency of the permanent Candidate’s intention to terminate the Engagement, to provide a permanent replacement. If during this period the Client makes alternative arrangements or requests “no replacement”, no refund will be given by the Agency.

7. Cancellation

7.1 If the services of any Candidate are cancelled by the Client after a firm booking has been made, 50% of the placement fee will be charged on all occasions. A “firm booking” constitutes a Candidate being accepted by the Client for a post whether verbally or in writing, and the Candidate having accepted. In addition, the Client will also be responsible for paying the Candidate 50% of the agreed salary for 1 week.

8. Indemnity

8.1 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking a Candidate for the Client or from the introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate.

8.2 Candidates are not the employees of the Agency.

8.3 The Agency accepts no liability whatsoever for the contents of any draft contract it may provide to the Client with which to enable the Client to enter into a written contract with the Candidate. 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 obtain its own legal advice in relation to any contract it enters into with the Candidate.

8.4 The final decision to employ a Candidate rests with the Client. The Agency can give no warranty, representation or undertaking as to the suitability, honesty or capability of any Candidate nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Agency or on its behalf to the Client. Verification of all such information and references shall be the responsibility of the Client.

8.5 The Agency accepts no responsibility for any expense, injury, delay, damage or loss of any kind arising out of the introduction of a Candidate, save for circumstances in which the Agency has been negligent or has breached these Terms and Conditions. Under such circumstances, the Agency’s total liability to the Client will not exceed the fee payable by the Client.

9. Confidentiality

9.1 All communication between the Agency and the Client, whether written or verbal, shall be confidential.

9.2 Introductions are strictly confidential and are made individually to the Client who is responsible for the Agency's fees. If the Client introduces the Candidate directly or indirectly to other employers, or any such other company or organisation with a resultant Engagement, the Client will remain responsible for the payment of the Agency's fees as if the Candidate had been engaged directly by the Client.

9.3 All correspondence and records remain the property of the Agency.

10. Assignment

10.1 The Agency may assign these Terms and Conditions to any third party with whom it becomes associated or to any company or partnership which it may form and which it substantially owns or of which one of its officers becomes a director. In the event of such permitted assignment, the references to “Agency” in these Terms and Conditions shall include the Agency’s assignees, successors in title and licensees.

11. Data Protection

11.1 The Data Protection Act 1998 (the “Act”) regulates the processing of personal data. The Client consents to the holding and processing of personal data (including sensitive personal data) (as defined in the Act) which relates to it by the Agency in accordance with the provisions of the Act.

12. Jurisdiction

12.1 The courts of England shall have exclusive jurisdiction in relation to these Terms and Conditions which shall be interpreted according to the Laws of England.