Terms and Conditions

CALL THE NANNY
Terms and Conditions
January 2025

 

It is agreed as follows:

1. Definitions and Interpretation
In this Contract, the following words and expressions shall have the following meanings (unless the context requires otherwise):

 

“Agency” means Claire Boland, acting as a sole trader under the name Call the Nanny with its address at 41 Northbourne Avenue, Northbourne, Bournemouth, Dorset BH10 6DG.

“Candidate” means a person introduced by the Agency to the Client to be considered for an Engagement in respect of childcare.

“Client” means the person or company who has completed a Client Brief to which these Terms and Conditions apply;

“Client Brief” means the information provided by the Client setting out, amongst other things, the Client’s details and requirements for childcare.

“Confidential Information” means all personal and business information about the parties to this Contract.

“Contract” means the contract between the Agency and the Client for the provision of the Services, comprising the relevant Client Brief and these Terms and Conditions, which comes into force as stated in Clause 2.1;

“Engagement” means the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and on a permanent, temporary or other basis, of a Candidate, by or on behalf of the Client, whether or not that contract is in writing but in any case where the Client has agreed to provide remuneration (whether monetary or otherwise) to the Candidate;

“Engagement Commencement Date” means, in relation to an Engagement, the date on which the relevant Candidate’s Engagement with the Client commences. In the absence of other evidence, the date upon which the Candidate attends the Client’s property (or such property as the Client has directed) and starts working in a childcare, housekeeping and/or estate staff role shall be deemed to be the Engagement Commencement Date;

“Example Employment Contract” has the meaning given in Clause 11.511.4;

“Permanent Engagement” means Engagement for any period of 6 months or more (full-time or part- time).

“Potential Replacement Candidates” has the meaning given in Clause 8.1.3;

“Refund Date” has the meaning given in Clause 8.2;

“Relevant Circumstances” has the meaning given in Clause 8.1;

“Service Fee” means money payable to the Agency by the Client for the Engagement of a Candidate as set out in Clause 7.2;

“Service Fee Due Date” has the meaning given in Clause 7.3; and

“Services” means an introduction service whereby a Client is introduced to one or more Candidates to work for the Client as childcare staff.

“Temporary Engagement” means an Engagement for any period of up to and including 6 months (full-time or part-time).

In this Contract unless the context clearly requires otherwise:

1.1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

1.2. if any party to this Contract comprises more than one person, all obligations of that party shall be construed as joint and several.

1.3. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.

1.4. a reference to a “Month” means a calendar month, and “Week” means 7 consecutive days.

1.5. a reference in this Contract to any document or text is a reference to that document or text at the date when the contract is made. We reserve the right to change any such document without notice.

1.6. the headings to the paragraphs and schedules to this Contract are inserted for convenience only and do not affect the interpretation.

1.7. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

 

2.     Contract

1. The Contract between the Agency and the Client, incorporating these Terms and Conditions, shall come into force when the Agency, having received a Client Brief from the Client, confirms acceptance of the Client Brief orally, in writing or by email to the Client or confirms that it is commencing its work to provide Services to the Client.

 

1. These Terms and Conditions apply to the Contract to the exclusion of all other terms and conditions and shall to the extent contradictory supersede any other documentation or communication between the Client and the Agency.

2. The Agency reserves the right to vary the terms of this Contract and/or the way it provides the Services by way of written notification to the Client. The Client has the option to either (i) decline such changes at which point the contract will terminate without any payment due from either party or (ii)consent in writing to such changes, the date of such notification being the date such amendments will take effect. If it does consent:

   1. the parties will continue to be bound by the terms of this Contract in respect of all work contracted to the date of change; and

   2. any new instruction by the Client will be subject to the new terms.

            

1. This Contract together with any schedules (which are expressly incorporated herein), constitutes the entire Contract between the parties and supersedes all previous Contracts, understandings and arrangements between them, whether written or oral in respect of its subject matter.  The Client acknowledges that it has not entered into this Contract in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Contract.  The Client shall not have any claim for innocent or negligent misrepresentation on the basis of any statement in this Contract.  Nothing in this Contract purports to limit or exclude any liability for fraud.

 

1. The Client acknowledges that he/she/it understands exactly what is included in the Services and he is satisfied that the Services are suitable and satisfactory for his/her/its requirements.

 

1. Cancellation of Contract

   1. If, and only if, the Client is a consumer, then he/she may cancel this within 14 days of entering into it. Accordingly, the Agency is under no obligation to commence provision of the Services until after the expiry of that 14-day period.

 

1. If the Client requires the Agency to provide the Services sooner than 14 days after the Contract has been made, he/she must instruct the Agency to do so in writing, acknowledging that he/she will lose his/her right to cancel upon such instruction.

2. If the Client cancels this Contract pursuant to its termination right under Clause 3.1 (and otherwise in compliance with the requirements of these terms (including as to the giving of notice)), the Agency will refund any money due to the Client within 14 working days.

 

1. Relationship of parties

   1. Nothing in this Contract shall create a partnership or agency or the relationship of employer and employee, or other relationship between any of the parties, other than the contractual relationship expressly provided for in this Contract.

 

1. The Agency is an employment agency. It acts as an intermediary which introduces Candidates to prospective clients and vice versa. The Agency has no part, contractual or otherwise, in any arrangement between the Client and the Candidate and is not an agent in law for any person.
    

2. Neither party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf, except as expressly agreed in this Contract.

 

1. Nothing in this contract shall prevent the Agency from entering into a similar contract with any other person.
    

2. The Agency warrants that it has all necessary authority to perform its obligations set out in this Contract.

 

1. Obligations of The Client

   1. The Client accepts that the Agency acts only as an introduction agency for childcare and domestic placements and therefore holds no employer responsibility for any Candidate whether introduced on a permanent, contract or a temporary basis.
       

   2. The Client is responsible for providing a full detailed job description to the Agency in the Client Brief.  The Client warrants that the description of work and other information that he/she/it has provided, or provides in a future time, is accurate and complete.
       

   3. The Client agrees to satisfy himself/herself/itself as to the suitability of a Candidate generally by way, without limitation, of the following:

      1. taking up references, including the confirmation of any professional, academic or other qualifications;

      2. obtaining DBS checks criminal record checks or police checks and to asking to see copies of any certification obtained by a Candidate, including paediatric first aid certification;

      3. ensuring that the Candidate can drive to the standard expected by the Client;

      4. confirming by means of reviewing in person identity and proof of address documents by sight and the Client is further advised to periodically check and retain copies of these identity documents and necessary certificates;

      5. obtaining any visa or permit necessary to enable the Candidate to accept the Engagement; and

      6. obtaining any necessary medical certificate.
          

   4. The Client shall not discriminate against any Candidate and shall comply with the provisions of any anti-discrimination legislation including but not limited to the Equality Act 2010;
       

   5. The Client shall inform the Agency immediately, in writing, of serious dissatisfaction with performance or conduct of the Candidate.
       

   6. If a Candidate introduced to the Client by the Agency has already been introduced by a third party, the Client will immediately (and, in any event, within 7 days of the introduction by the Client) inform the Agency of that fact and provide such evidence of such prior introduction as the Agency reasonably requires to prove the fact. If the Client fails to so inform the Agency and/or provide the supporting evidence of the prior introduction and the Candidate is engaged by the Client, the Client shall be liable to pay the related Service Fee to the Agency.
       

   7. The Client shall inform the Agency immediately of each of the following: (a) the acceptance by a Candidate of an Engagement; and (b) the terms of the engagement by the Client of the Candidate, giving details of: gross annual salary, start date and end date, and whether the Engagement is permanent or temporary.
       

   8. The Client shall pay the relevant Service Fee upon the Engagement of the Candidate in accordance with Clause 7.
       

   9. The Client will comply with UK employment and tax law to the extent relevant, including, but not limited to the provision of a contract of employment, pay slips, correct deductions for tax and national insurance, as well as any pension contributions, if the Candidate is eligible.
       

   10. For self-employed Candidates, the Client is responsible for confirmation that the Candidate is eligible for self-employed status and should request documentation confirming self-employed status.
        

   11.  If the Client or a member of the Client’s family or any acquaintance or associate of the Client, passes on the details of a Candidate to any other person or persons within 12 months of the Candidate’s introduction to the Client by the Agency, resulting in the Engagement of the Candidate by a third party, the Client shall be liable to pay to the Agency the full Service Fee that would have been payable had the Client entered into an Engagement with the Candidate on the basis of the requirements set out in the Client Brief.
        

   12.  The Client is responsible for ensuring that the Candidate has current Public Liability Insurance, if required.
        

   13.  The Client warrants that he/she/it holds and will maintain appropriate Employer’s Liability insurance for at least £5 million. Employer’s Liability Insurance must be in place for interview and trial sessions and the Engagement of permanent, temporary and contract staff.
        

   14.  The Client is responsible for the instruction and direction of the Candidate. The Client is responsible for ensuring that the Candidate clearly understands the needs of the Client’s children and expected duties.
        

   15.  During the Client’s Engagement of the Candidate, the Client will ensure that the Candidate is provided with a suitable and safe working environment which in no way may compromise and affect the welfare of the Candidate and will ensure that the place of work is clean and hygienic and complies with appropriate health and safety laws;
        

   16.  For live in positions, the Client must ensure

       1. adequate household insurance is in place to protect the Candidate’s possessions; and

       2. provision of suitable live-in accommodation to the Candidate, including, without exception, a bedroom for exclusive use and access to a bathroom.
           

   17. The Client may reimburse the Candidate for travelling expenses for interview at his/her/its discretion.
        

   18. The Client agrees that for the purpose of providing the Services, the Agency can use any medium to find a suitable Candidate or to advertise vacancies including the Internet.
        

   19. The Client agrees not to enter into any relationship with the Candidate that may be detrimental to the interest of the Agency during this agreement or within one year from the date of its termination.
        

   20. The Client agrees that he/she/it will not during the term of the Contract and within one year of its termination, by any means and neither for himself nor for any other person, directly or indirectly, advise, instruct, do or assist in any activity, the effect of which is to compete with the Agency

 

1. Agency Obligations

   1. The Agency shall use its reasonable endeavours to introduce to the Client, Candidates which the Agency considers suitable to be employed by the Client as required in the Client Brief and perform the additional services as further set out in this Clause.
       

   2. The Agency shall request Candidates to provide; -

      1. An up-to-date CV;

      2. Original Government issued identity documents and address check documents;

      3. Relevant certificates;

      4. DBS certification; and

      5. Referee contact details.

It is the Client’s responsibility in accordance with clause 5.3 to check the suitability of such documents.
 

1. The Agency will inform the Client as to the status of each of the above documents set out in Clause 6.2.2- 6.2.5 prior to any decision to Engage. In the event that, for example; the DBS in in progress at the time an offer is made, the Agency shall recommend that an Engagement does not commence until the DBS certification is received and is deemed acceptable. If the Client moves forward and commences Engagement before the DBS or any of the other relevant documents are received, then the decision rests exclusively with the Client as to whether such Engagement should proceed. For the avoidance of doubt, the relevant Service Fee would still be due to be paid in such circumstances.
    

2. The Agency does not give any warranty as to the accuracy of the information supplied to them by the Candidate and which is then transferred to the Client.
    

3. The Agency agrees to take reasonable steps to ensure that both the Candidate and the Client are aware of requirements imposed by law or professional bodies to enable the Candidate to work for the Client in the capacity of the position that the Client wishes to fill.
    

4. Time for commencement shall not be of the essence of the Contract and the Agency shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.

 

1. Fee and payment

   1. In the event a Client wishes the Candidate to undergo a trial prior to making a job offer, such trial period shall be free of charge for the first day. Thereafter the trial fee payable to the Agency shall be £20 per day. The trial period may not exceed 5 full days. If it does any further time shall be considered to be a temporary placement and shall be billed as such. For the avoidance of doubt, payment of the Candidate’s time during a trial period shall be negotiated directly with the Candidate.

   2. For any Client wishing to engage a Candidate on a Permanent Engagement, a registration fee of £30.00 is payable by the Client prior to the Agency commencing work on the Client Brief. Such fee will be deducted from the Service Fee when such becomes due and payable.

   3. The Service Fee becomes due and payable on the date (the “Service Fee Due Date”) which is the earlier of: (i) the date upon which a Candidate accepts an offer of Engagement either by verbal or by written agreement; and (ii) the Engagement Commencement Date. The Agency will raise an invoice on, or as soon as reasonably practicable after becoming aware of, the Service Fee Due Date. For the avoidance of doubt, such Service Fee is due and payable by the Client even if the Client has not notified the Agency of the acceptance or commencement of the Engagement.

   4. In the event that a Candidate is engaged on a Temporary Engagement but the Engagement continues for 12 weeks or more, the Client shall be liable to pay the difference between the fee payable for the Temporary Engagement (less any amount already paid by the Client, if applicable) and the fee for the Permanent Engagement. The Client shall notify the Agency immediately a Temporary Engagement continues for 12 weeks or more. The Agency shall be entitled to invoice the Client for the difference immediately upon notification or otherwise becoming aware of the continuation of the Temporary Engagement.
       

   5. If the Client chooses to make an offer of Engagement to any babysitter or event nanny on a permanent or temporary basis, a Service Fee shall become payable by the Client prior to such Candidate starting an Engagement with the Client.

 

1. Payment is due by the Client within seven working days of the date of any invoice.  Timing of payment of the Service Fee shall be of the essence.
    

2. The Agency reserves the right to charge the Client interest in respect of any late payment of any sum due under this Contract at the rate of 4 per cent per annum above the base rate of Barclays Bank, from the due date until receipt of payment.
    

3.  All payments to be made by the Client to the Agency under the Contract shall be made in pounds Sterling by any of:

   1. direct transfer to the Agency’s bank account (as notified by the Agency to the Client); or

   2. any other way agreed between the parties.

 

1. Replacement Candidate

 

1. In the event that a Candidate accepts an Engagement with the Client in relation to which Engagement the Client has paid a Service Fee, but any of the following circumstances occur (the “Relevant Circumstances”):

 

1. the Candidate voluntarily (i.e. not by reason of any action or omission by Client) does not commence the Engagement on (or within four weeks of) the agreed commencement date;

2. the Candidate commences the Engagement but voluntarily (i.e. not by reason of any action or omission by Client) terminates the Engagement within the first four weeks of commencing such Engagement (other than by reason of a breach by the Client of the terms of the Engagement contract with the Candidate); or

3. the Client terminates the Engagement of the Candidate within the first four weeks of such Engagement commencing for reasons of gross misconduct on the part of the Candidate (“gross misconduct” being as determined in accordance with guidance set out by ACAS),

 

then the Client should notify the Agency of any such event(s) within seven days of the Relevant Circumstance occurring. If the Client so notifies the Agency, the Agency will use its reasonable endeavours to make six further introductions to the Client (at no further charge to the Client) of potential replacement Candidates (“Potential Replacement Candidates”) which Potential Replacement Candidates conform in all material aspects, in the Agency’s sole opinion (acting reasonably), with the requirements for a Candidate originally provided to the Agency by the Client.

 

1. If, having been notified by the Client of the occurrence of a Relevant Circumstance as required in Clause 8.1 above, the Agency has not made the additional introductions referred to in that Clause by the date which is four weeks after the notification (the “Refund Date”), the Agency shall (except as otherwise provided in this Clause 8 below) refund the following percentage of the Service Fee actually paid to the Agency by the Client in relation to the Candidate who left (meaning whose Engagement was formally terminated) or failed to commence the relevant Engagement:

   • Client terminates the Engagement before the Candidate starts work or within 1 week of Engagement: 100% refund less £100 admin charge.

   • Candidate did not start the Engagement or terminated the contract within 1-3 weeks of the Engagement starting: 50% refund less £100 admin charge.

   • Candidate terminated the contract after 3 weeks but within 4 weeks of the Engagement starting: 25% refund less £50 admin charge

   • Candidate terminated the contract after 4 weeks of the Engagement: no refund.

 

1. Notwithstanding the above, no refund will be given in any of the following circumstances: (i) the Client fails to make the notification required under Clause 8.1 above within the time period stipulated; (ii) the termination of the Engagement is due to the breach by the Client of UK employment law or the contract relating to the Engagement; (iii) the Client terminated the Engagement other than by reason of gross misconduct on the part of the Candidate; (iv) the Client makes alternative arrangements for its childcare/housekeeping/estate staff requirements (i.e. meaning that the Client no longer needs a replacement Candidate) prior to the Refund Date, including sourcing a Candidate from another source; (v) the Client confirms to the Agency that it no longer needs the services of a Candidate and/or no longer needs the Agency to make introductions of suitable alternative Candidates; (vi) the Client changes its requirements (for example, but without limitation, in relation to working conditions, job description, pay, holiday entitlement, hours required to be worked and the location of working) for a Candidate from the original specification provided to the Agency after the original Candidate placed with the Client has left; (vii) although the Engagement of the Candidate has ended, the Candidate continues to provide services to the Client other than in connection with the Engagement; (viii) the Agency has complied with its obligation to introduce Potential Replacement Candidates set out in Clause 8.1 above but the Client chooses not to engage any of such Potential Replacement Candidates.

 

1. If a refund is due, the Agency will refund to the account from which the Service Fee was received or such other account as the parties agree.
    

2. For the avoidance of doubt, the Agency shall have no further obligation to the Client to source additional replacement Candidates or refund any amount of the Service Fee in the event the Client agrees to engage a Potential Replacement Candidate but that Potential Replacement Candidate fails to commence the engagement or, having so commenced, leaves at any time.

 

1. Confidentiality

   1. The Agency only collects personal information for the legitimate business purpose of introducing childcare professionals and domestic/estate staff to Clients and finding positions on a temporary and /or permanent basis for Candidates. All information received is treated as private and confidential, and all steps are taken to ensure that information is protected from unauthorised viewing by up to date computer protection. All personal details on paper are securely stored and shredded when they are no longer required for legitimate business reasons.
       

   2. Each party to this contract undertakes for the benefit of the other that he/she/it will not:

      1. except as required by law or regulation binding upon it, divulge to any person whatever or otherwise make use of any Confidential Information relating to the other, which has been learnt as a result of this contract or any circumstance flowing from the contract; and

      2. post any text, nor image, nor audio-visual material, on any social network or other public place which could be hurtful, embarrassing or damaging to the other party.
          

   3. The parties agree that any economic loss, loss of opportunity, business or goodwill and/or of damage to reputation or professional standing arising directly or indirectly, foreseeable or not from a breach of the above provisions must be compensated on the basis of the effect on the damaged party and the parties hereby acknowledge that damages may not be an adequate remedy for such breach and each party will be entitled to see the remedies of an injunction, specific performance and other equitable relief for any threatened or actual breach of this Clause 9. The Client accepts personal liability for compliance with these provisions by his/her children of any age, other members of his/her family and domestic staff.
       

   4. If the Client passes confidential information on to a third party resulting in the engagement of a Candidate by a third party within 1 year of the Client being introduced to the Candidate then the Client shall be obliged to pay to the Agency the full Service Fee that would have been payable had the Client entered into an Engagement with such Candidate on the basis of the requirements set out in the Client Brief. 
       

   5. The obligations contained within this Clause 9 shall survive termination of this Contract for a period of five years from the date of such termination.

 

1. Data Protection

 

“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

 

1. The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and the Agency is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).

 

1.  The Agency shall, in relation to any Personal Data (as defined in the Data Protection Legislation) processed in connection with the performance by the Agency of its obligations under this agreement:

1. process that Personal Data only on the written instructions of the Client for the purposes of carrying out a childcare search or other private staffing search in accordance with the terms of this agreement unless the Agent is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Agent to process Personal Data (Applicable Laws). Where the Agent is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Agent shall promptly notify the Client of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Agent from so notifying the Client;

2. ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

3. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;

4. assist the Client in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

5. notify the Client without undue delay on becoming aware of a Personal Data breach;

6. at the written direction of the Client, delete or return Personal Data and copies thereof to the Client on termination of the agreement unless required by Applicable Law to store the Personal Data; and

7. maintain complete and accurate records and information to demonstrate its compliance with this clause.

 

1. Limitation of liability

   1. In providing the Services, the Agency is committed to maintain a high level of service and efficiency. However, the Service is dependent upon the accuracy of information provided by the Client which is beyond the control of the Agency. Further, any decision as to the suitability of a Candidate (or a Potential Replacement Candidate) and the decision to Engage a Candidate (or a Potential Replacement Candidate) is the sole discretion of the Client. Subject always to Clause 11.6, the Agency does not accept responsibility and shall not be liable for any loss that the Client may incur directly or indirectly, as a result of using the Agency’s Services or engaging a particular Candidate.
       

   2. Subject always to Clause 11.6, the Agency shall not be liable to the Client for any loss or expense which is:

      1. indirect or consequential loss;

      2. economic loss or other loss of revenue, turnover, profits, business or goodwill;

      3. loss or damage suffered by the Client as a result of an action brought by third party; and/or

      4. loss or damage caused to the Client by Candidate.
          

   3. Particulars of Candidates, their profiles and other information provided by the Agency are prepared in good faith and solely for the Client’s guidance. Subject always to Clause 11.6. no liability, howsoever arising, shall be accepted by the Agency for the accuracy or completeness of any Candidate’s profile.
       

   4. Subject always to Clause 11.6, the maximum limit of the liability of the Agency to the Client, whether in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of £1,000.

 

1. It is noted that the Agency does not advise in relation to, and is not responsible for putting in place, any contract of employment or otherwise between the Client and a Candidate. The Client is solely responsible for that. It is also noted that the Agency may make available to the Client a form of employment contract (the “Example Employment Contract”). This Example Employment Contract is intended as a guide only. The Client should seek independent legal advice in relation to any employment or other contract that it enters into with a Candidate. Subject always to Clause 11.6, the Agency accepts no liability for loss incurred in relation to the Client’s use of the Example Employment Contract.
    

2. Notwithstanding any other provision contained in the Contract, the Agency does not, in the Contract, exclude or restrict liability:

   1. for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;

   2. for fraud or fraudulent misrepresentation; or

   3. to the extent it is otherwise prohibited by law from excluding or restricting liability.

 

1. Termination

   1. Prior to any Engagement of a Candidate being agreed, the Agency may terminate this Contract at any time, for any reason, with immediate effect by sending notice in writing to that effect in the event that the parties are unable to work with each other or there is a material breach of the contract by the Client. Post any Engagement, either party may terminate this Contract but Clause 7 and 8 shall still continue in full force and effect.
       

   2. The termination of this Contract by this paragraph shall be without prejudice to any rights (such as a right to receive payment) outstanding as at the date of termination.
       

   3. Except to the extent that it became liable to provide a refund to the Client before the date of termination pursuant to Clause 8, but subject always to Clause 3, the Agency shall not be obliged to reimburse/refund to the Client any amounts paid by the Client to the Agency.

 

1. Notwithstanding termination of this Contract for whatever reason, the provisions of Clauses 9 (Confidentiality), 11 (Limitation of liability), 13 (Indemnity by the Client) and 14.8 shall continue in full force and effect.
    

1. Indemnity by the Client

   1. The Client agrees to indemnify the Agency against all costs, claims, demands, proceedings (civil or criminal), penalties, fines, losses, damages and expenses arising directly or indirectly from:

      1. the Client’s breach of this Contract; and/or

      2. any act, omission or default by the Client, any of his/her/its agents, employees, contractors, children of any age, other members of his/her family and domestic staff.

 

1. Miscellaneous matters

   1.  If any term or provision of this Contract is at any time held to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
       

   2. This Contract and any document expressly referred to in it (including the Client Brief) constitute the whole agreement between the Client and the Agency, to the exclusion of any terms implied by law which may be excluded by contract, and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement, oral or written, relating to the subject matter of any Contract. Each party acknowledges that, in entering into the Contract, it has not relied upon, and will not have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Contract or the documents referred to in it.
       

   3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
       

   4. Neither party shall be liable for any failure or delay in performance of this Contract which is caused by circumstances beyond its reasonable control.
       

   5. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:

      1. if delivered by hand: on the day of delivery;

      2. if sent by post to the correct address: within 72 hours of posting; and

      3. If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
          

   6. In the event of a dispute between the parties to this Contract, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing litigation.
       

   7. This Contract does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this Contract which excludes or restricts the liability of any person, may be enforced under that Act.
       

   8. The validity, construction and performance of this Contract shall be governed by the laws of England and Wales and each party hereby irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.

 

 

Schedule 1: Fee structure

Placement Fees

Permanent Nanny

(full-time or part-time)

Variable rate depending on hours required and type of contract

4 x weeks’ gross salary

Permanent after school nanny

Any before or after school hours Mon-Fri

Including evening babysitting if required

£400 set fee if this works out less than 4 x gross weekly income

 

Our fees for placing a temporary Nanny (classed as one whose contract is for less than 6 months) are listed below:

Temporary Nanny

Contract of one week or less

£100 one off fee

Temporary Nanny

Contract of 1 to 24 weeks

£75 per week

Temporary Nanny outside the UK

Week by week basis

£150 per week

Live-in Nanny

Month by month basis

£500 per month/£100 per week if temporary

Proxy-parent/House sitter

Per 24 hours

£30

Evening Babysitter (6.30pm onwards)

Introduction fee regular sitter

One off babysitter in your home

 

£150 per year

£10 booking fee

 

Overnight babysitter

Introduction fee per booking

£25 booking fee

Hotel evening babysitter (6.30pm onwards)

One-off booking in a hotel or holiday home

£15 booking fee

Ad hoc daily nanny

Daytime

£25 booking fee

Maternity nurse

Weekly rate                                Daily

£100 per week live-in

£25 per day

Event childcare

Onsite childcare for weddings or events etc

£50 per child carer per day

All the above are “placement fees” and do not include any wages for the Nanny or Babysitter.  All fees are payable within 7 days from invoice.

CALL THE NANNY BABYSITTING SERVICE TERMS AND CONDITIONS OF BUSINESS:

Call the Nanny will provide this service to introduce prospective babysitters and clients to one another. Our babysitters are not employed by the Agency.

1. Babysitting is defined as occasional weekday/weekend evening/daytime childcare. For more permanent or regular arrangements such as regular days/nights, after school care and holiday care, this is classed as a permanent or temporary placement and the Client will be charged accordingly as set out in our fees table.

2. The minimum booking length is 3 hours. If the Client wishes to have a shorter booking they must pay the babysitter for the full 3 hours.

3. Please note that our babysitters are not permitted to accept repeat bookings directly from Clients and any repeat bookings must be arranged via Call the Nanny.

4. If the Client wishes to offer the babysitter a nanny, mothers’ help or maternity nurse position they must inform the Agency and pay the appropriate placement fee.

5. Where a Client has subscribed to the annual babysitting service, we will make every effort to meet your requirements but we cannot guarantee a babysitter for every booking. The Client must take into account the amount of notice given and availability. At busy times of the year such as Christmas and New Year please try and give as much notice as possible. In the unlikely event that a babysitter cancels an engagement we will find every effort to find a suitable replacement.

6. If the client books one of our babysitters without our knowledge or consent, we reserve the right to terminate the contract and/or charge the appropriate fee. If the client introduces their babysitter to a friend or acquaintance who then engages them without informing the Agency, the client will be liable to pay the appropriate booking fee.

7. Call the Nanny makes every effort to verify the suitability of all babysitters put forward to the client.  However, we cannot accept any liability whatsoever for the results of any actions of any babysitter at any point in time.  This includes losses, damages, delay, inconvenience, injuries or accidents incurred or in the unlikely event of a death caused by such actions. It is the client’s responsibility to check that their home insurance covers them in the event of an accident to/caused by the babysitter.

8. Call the Nanny thoroughly vets and personally interviews all of our babysitters, checking identity, suitability to work, qualifications, employment history and ensuring that a valid police check is in place. We obtain a minimum of two verbal references for each Candidate, and obtain written references where possible. We use all reasonable endeavours to ensure that the babysitters we introduce meet your requirements. However, the client acknowledges that no warranty is given by us in respect of the character, age, suitability, reliability, capability or honesty of the babysitter.

9. Should you cancel a one off booking with less than 48 hours’ notice no refund of agency fees will be given.

10. Should you cancel a “one off” booking with less than 12 hours’ notice no refund of agency fees will be given and the babysitter will be entitled to a £20 cancellation payment.

11. For wedding or event bookings the booking fee is non-refundable but may be transferred to another date.

12. Agency fees for “one off” bookings must be paid prior to the date of the booking in order to secure the babysitter.