Terms & Conditions
last modified 09/07/2019
Terms & Conditions as of 09.07.2019
“Agency” means My Nannies Ltd, registered office at International House, 24 Holborn Viaduct, London EC1A 2BN and any of its representatives (employees, directors or any other authorised party acting on its behalf). My Nannies Ltd is operating as an Employment Agency for the purposes of these Terms & Conditions, and will never enter into a contract with a Candidate on behalf of a Client.
“Business Day” means any day other than Saturday, Sunday or any day when banks in London are open for business.
“Candidate” means a person who is seeking a job through the Services which may be a child carer or domestic worker and who may be Introduced (whether orally or in writing or electronically) to a Client by the Agency.
“Client” means any person (including any firm or corporate body) who is seeking to hire a Candidate (either for themselves or a third party) and who is Introduced to Candidates via the Agency.
“Engagement” or “Engage(s)” or “Engaged” means the use of the Candidate on a Temporary or Permanent basis by the Client or any third party for employment, Engagement under a contract of employment after an Introduction via the Agency took place.
“Commencement Date” means the date when the Engagement between the Client and Candidate starts.
“Full Time” means Engagement of a Candidate for 25 hours per week or more for a Temporary or Permanent basis.
“Introduction” or “Introduce” “Introduced” means the presentation of a Candidate (whether orally or in writing or electronically) to the Client by the Agency.
“Instructions” means the information about the Candidate search given by the Client to the Agency either orally, in writing or electronically (e.g. via the Platform), which shall result in Introductions and/or Engagements of Candidates.
“Permanent Position” or “Permanent Placement” means an Engagement requested by the Client which is longer than six months.
“Platform” means the portal used by the Client or Candidate which is only available upon registration.
“Placement Fee” means the fee the Client shall pay to the Agency for the Candidate they would like to Engage with.
“Part Time” means Engagement of a Candidate for 25 hours per week or less for a Temporary or Permanent Position.
“Potential Client” means any people visiting the website or otherwise contacting the Agency (orally, in writing or electronically) with the intention to gather information which could lead to an Engagement in the future.
“Registration Date” means the date when Instructions were provided to the Agency and the Registration Fee was paid by the Client.
‘‘Registration Fee’’ means the initial Registration Fee that is paid in order to provide Instructions to the Agency.
“Services” means the employment Agency Services provided by the Agency to a Candidate or a Client as set out in these Terms & Conditions (including the Introduction of Candidates and subsequent potential Engagement by a Client of a Candidate via the Agency). This includes but is not limited to the utilisation of the Agency’s website, Platform or any other interaction (whether orally or in writing or electronically) of the Agency with the Client, Candidate or any other person acting on their behalf.
“Terms & Conditions” means the hereby defined agreement between a Client (or any authorised person acting on their behalf) or a Candidate and the Agency under which Services are provided.
“Temporary Position” or “Temporary Placement” means an Engagement requested by the Client which is up to six months.
“Trial Period” means the probationary employment of a Candidate by a Client for a maximum of three consecutive days that takes place before a potential Engagement by a Client with a Candidate.
1.1. By registering you agree to these Terms & Conditions. The Agreement between the Agency and the Client or Candidate, incorporating these Terms & Conditions in order to provide the Agency’s Services, shall only come into force when the Client or Candidate accepts these Terms & Condition upon registration on the Platform online.
1.2. For the avoidance of doubt, by providing Instructions to the Agency, and receiving the Terms & Conditions via any other channel other than a registration on the Platform in writing (e.g. email, letter), the Client or Candidate acknowledges and accepts these Terms & Conditions. Any and all business is undertaken by the Agency is transacted subject these Terms & Conditions.
1.3. These Terms & Conditions shall supersede any other documentation or communication between the Client and the Agency.
1.4. These Terms & Conditions shall apply to both Permanent and Temporary Positions.
1.5. Any variation of this Agreement (including any special Terms & Conditions agreed between the parties) must be agreed in writing between both parties.
1.6. The Agency may change these Terms & Conditions by publishing a new version on our website. In addition the Agency shall give sufficient notice to Clients or Candidates in writing. Clients or Candidates are bound by the revised agreement if they continue to use the Agency’s Service. If Clients or Candidates disagree with the new Terms & Conditions they will be given sufficient time to delete and/or amend their profiles from the Agency’s website
2. Agency Obligations and Rights
2.1. The Agency shall use its best efforts to assess Candidates of their suitability for the position with the Instructions provided by the Client and on that basis endeavour to Introduce Candidates to its Clients.
2.2. The Agency will request Candidates to provide copies of their identity document and at least one written or verbal reference before making an Introduction to Clients.
2.3. If the Agency states that a Candidate submitted a copy of a certain document (such as DBS or overseas police check, paediatric first aid certificate, identity document, drivers license, childcare diploma, Ofsted certificate or written reference) the Agency can not guarantee that those documents are valid and accurate. The Agency strongly recommends that Clients seek access to those documents before Engaging a Candidate.
2.4. The Agency shall use reasonable endeavours to check references from Candidates that are Introduced to the Client.
2.5. The Agency will never accept any Instruction from Clients that are unreasonable or include discrimination (including not placing adverts that might discriminate).
2.6. The Agency is under no obligation to Introduce Candidates to the Client.
2.7. The Agency does not directly or indirectly employ Candidates on behalf of its Clients and acts as an Introduction Agency only.
2.8. The Agency will assess Candidates suitability for an Engagement by checking for appropriate qualifications, take up references and assess Candidates’ experience.
2.9. The Agency can not guarantee that the details provided by the Candidate and shared with the Client are accurate.
2.10. For the avoidance of doubt, checking Candidates’ medical history is not the responsibility of the Agency.
2.11. The Agency accepts no legal responsibility for any accuracy of the information provided by Candidates or Clients.
3. Client Obligations and Rights
3.1. The Client shall include full details of their exact requirements and length of the Engagement in the Instructions given to the Agency.
3.2. If the Client chooses to Engage a Candidate the Agency must be notified as soon as reasonably possible, but in any case no later than two business days after the decision.
3.3. The Client hereby agrees to pay the Placement Fee as set out Clause 6 of the Terms & Conditions and in the Price List in Appendix 1.
3.4. Once the Client Engages with a Candidate it is their responsibility that the Engagement is aligned with the up to date employment legislation which includes the payment of wages, national insurance and taxes, pension if applicable, employment contract, employers’ liability insurance as well as the Candidates work permit or visa if applicable.
3.5. The end responsibility lies with the Client, therefore the Client must satisfy itself of the suitability of the Candidate and the Agency recommends that the Client performs background checks such as taking references, DBS, overseas police checks, checking the right to work in the applicable country and assessing driving skills if applicable. It is also the Client’s responsibility to obtain any work and other permits as necessary for the Candidate.
3.6. The Agency strongly recommends that Clients shall check the original documents (such as ID, passport, visa, driver’s license, criminal record check etc.) of the Candidate before the Engagement to satisfy itself of the suitability of the Candidate for the Client.
3.7. The responsibility for Income Tax, National Insurance or otherwise is the responsibility of the Client. We strongly advise that the Client seek advice from its tax advisor.
3.8. Once the contract between Client and Candidate is drawn, the Client is responsible for submitting a copy to the Agency. The Agency may offer a template employment contract which the Client may use as a guide or point of reference but is not insured to give legal advice to Clients.
3.9. The Client may also arrange a medical examination of the Candidate but this is between the Candidate and the Client.
3.10. The Client may call references that were checked by the Agency to ensure that the Candidate is suitable for the Engagement before making a decision to Engage with a Candidate.
3.11. The Agency strongly recommends that a Client calls the written references that were submitted to the Agency by a Candidate to ensure that the Candidate is suitable for the Engagement before making a decision to Engage with a Candidate.
3.12. The Client may request a Trial Period before the Engagement of a Candidate commences. The Client is responsible for paying the hourly salary to the Candidate that was agreed between the Client and Agency plus National Insurance and Taxes if applicable. If the Client continues to Engage with the Candidate after the Trial Period the Client shall pay the applicable Placement Fee as set out in the Price List in Appendix 1.
4. Candidate Obligations and Rights
4.1. The Service provided by the Agency to the Candidate shall remain free of charge.
4.2. The Candidate may apply for any vacancy on the Platform. However, the Agency reserves the right to decline an application.
4.3. The Candidate must ensure that all information submitted to the Agency is, to the best of their knowledge, true, accurate, complete and up-to-date. If any information given to the Agency becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Agency as soon as is reasonably possible.
4.4 Upon registration on the Platform and by thereby accepting these Terms & Conditions the Candidate explicitly agrees to share its profile (including but not limited to the profile picture, experience, job interest, skills, first name, extracts of references, name of social media profiles checked and a list of documents held by the Agency) with any visitors on the Agency’s website. For the avoidance of doubt, we will not share sensitive personal information (including but not limited to passport copies, DBS or police checks) with Clients prior to the Candidates written consent for the Agency to do so.
4.5. In addition, the Agency does not accept any reliability of the content of the Candidate’s profile. The content of the Candidate’s’ profiles posted by the Candidate will be viewable for visitors on the Agency’s website. Accordingly, the Candidate has a decisive influence on how much information will be disclosed publicly. Providing relevant and appropriate information increases Candidates’ chances of finding a suitable position. We reserve the right to edit and/or delete the Candidates’ profile.
4.6. The Candidate must obtain the permission of any third party to supply their details (which includes details of experience and referees) to the Agency and Clients of the Agency that may identify the third party. The Agency reserves the right for reasons of data protection to delete or alter any sensitive information that may identify the third party.
4.7. The Candidate must obtain the permission of any third party (such as referees) to share the written reference including the contact details with the Agency and any Clients.
4.8. The Candidate must submit feedback whether orally or electronically via the Platform after an Introduction with a Client took place.
4.9. The Agency acts as an Introduction Agency and is not the employer of Candidates. While the Agency is informing Clients of their legal obligations as an employer the Agency cannot guarantee that all legal requirements are met such as paying taxes, national insurance, contract, employer liability insurance, etc. It is the Clients’ and Candidates’ responsibility to check that all legal work requirements are met.
4.10. The Agency cannot provide any warranty and is not liable that the details of the Instructions given by the Client are accurate, complete or up to date.
4.11. It is the Candidate’s responsibility to decide which information is made public on their profile. The Agency does not accept responsibility if any information are misused by any visitors of the website.
4.12. The Agency reserves the right without notice to edit any information or layout on a Candidate’s profile.
4.13. The Agency can not guarantee that a Candidate’s profile generates interest or enquiries from Clients.
4.14. The Agency may use a Candidate’s profile for advertisement purposes. Any revenue from such advertisement will be retained by the Agency.
4.15. If a Candidate is inactive (including but not limited to not responding to interview requests made by Clients, not reacting to job advertisements, not submitting feedback) or not providing up to date information (as per 4.3) the Agency reserves the right to delete a Candidate’s profile or put it on hold.
5. Use of Platform
5.1. The Client and/or Candidate must keep the username and password to access the Platform private and confidential. The Client and/or Candidate is solely responsible for any assignment carried out using the Client’s and/or Candidate’s username and password.
5.2. The Client and/or Candidate shall only create one account on the Platform and refrain from allowing any third-party access. The Client and/or Candidate must keep their username and password safe and confidential
5.3. The Agency’s Platform is accessible 24 hours per day, seven days per week for 98% of the time. The Agency may temporarily suspend the access to the Platform without prior notice for maintenance, updates, amendments, technical faults etc. The Agency also does not guarantee the compatibility of its Platform (incl. its video streaming offering) with all devices and operating systems. The Agency can not be held liable for any damages or be asked for compensation/refunds if the Platform is not accessible or if certain features cannot be used (e.g. video chat function).
5.4. The Agency reserves the right to remove Candidates and Clients from its Platform at its sole discretion due to inactivity, breach of the Terms & Conditions or any activity that it deems to be potentially harmful to its business (and its related parties). Please refer to our Terms of website Use for further information.
5.5. The Agency is not reliable for any loss of data or deletion of any profile information.
6. Fee Structure
6.1. The Registration Fee as set out in the Price List in Appendix 1 is to be paid by the Client before Instructions to the Agency are provided.
6.2. The Registration Fee or Placement Fee may be discounted with a promo code from time to time which offers a reduction to Clients. The promo code must be entered into the “Promo code” box at the time of paying the Registration or Placement Fee via the Platform.
6.3. Promo codes are subject to:
- The specific conditions stated next to the promo code.
- Cannot be duplicated, sold or transferred to any third party without the Agency’s consent.
6.4. The Placement Fee will be invoiced by the Agency once the Client agrees verbally, in writing or electronically (e.g. via the Platform) to Engage the Candidate, and the Candidate agrees to Engage with the Client verbally, in writing or electronically (e.g. via the Platform).
6.5. The Client must pay the Placement Fee to the Agency within 7 days from the invoice date or by 5 pm on the day before the Commencement Date, whichever date is sooner.
6.6. If the Client Engages directly with a Candidate who was Introduced by the Agency the Client is liable to pay the full applicable Placement Fee as set out in the Price List in Appendix 1.
6.7. The Client agrees to pay the applicable Placement Fee as set out in the Price List in Appendix 1 should it choose to Engage with a Candidate and informed the Agency about the decision. If a Client Engages with a Candidate without informing the Agency within 7 Business Days the Client must pay the applicable Placement Fee and the Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 5% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment. In addition, the Agency reserves the right to reclaim any costs (including debt collector’s fees) incurred as a result of chasing for payment.
6.8. For the purposes of attending interviews, the Client or Candidate is responsible for paying for the travel expenses, as agreed between themselves. The Agency is never liable to reimburse for travel expenses and is not responsible for agreeing to this on either parties’ behalf.
6.9. The Client is not entitled to withhold or set off any monies due to the Agency.
6.10. The Client must notify the Agency within 24 hours after the Introduction of a Candidate if the Candidate was already Introduced to the Client by a third party. If the Client does not inform the Agency the Agency assumes that they Introduced the Candidate and are entitled to be paid the applicable Placement Fee if the Client Engages the Candidate.
6.11. If the Client or a member of the Client household or staff, any associate or acquaintance of the Client passes on the details of a Candidate that was Introduced by the Agency within 24 months of the date of the Introduction which results in an Engagement of the Candidate and the third party, the Client shall pay the full Placement Fee in accordance with the current Price Schedule at that time.
6.12. The Agency permits Clients and Candidates to Engage for a Trial Period for free for up to three days per Candidate or up to nine days in total across multiple Candidates. The Client needs to get the Agency’s permission first if they wish to Engage a Candidate for a Trial Period for more than three days for a particular Candidate or for more than nine days in total across multiple Candidates. The Agency reserves the right to decline such requests. If the Agency permits any additional day(s) the Client needs to pay a daily rate to the Agency as set out in Appendix 1. The Client must make this payment within 7 days or by 5 PM on the day before the commencement of the Trial Period (whichever date is sooner).
7. Refunds and Replacements
7.1. The Agency does not provide refunds or offer replacements for our Registration Fee, Placement Fee and Trial Period Fee to the extent permitted by law. The Agency may in certain situations and in its sole discretion issue refunds when believed to be warranted.
8. Liability and Indemnity
8.1. The Agency will never be liable under any circumstances for any loss, damage, expense, delay, costs or compensation which may be suffered or incurred by the Client or Candidate arising directly, indirectly or consequential connected with the Agency Services or inaccuracy of information provided by the Client or Candidate.
8.2. The Agency shall not have any liability to the Client beyond the value of the Placement Fee paid.
8.3. For the avoidance of doubt, we don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
8.4. The Client and Candidate agree that they will not hold the Agency and all of its directors and employees liable for any costs incurred by the Agency in connection with any claims arising out of any breach by you of these Terms & Conditions.
9. Confidentiality and Data Processing
9.1. All information provided by the Agency to the Client or Candidate is confidential and must not be passed to a third party directly or indirectly (unless required by a law enforcement agency).
9.2. All information including but not limited to any personal details that were made available to the Agency by the Candidate, or the Client, will be treated as strictly confidential and kept safe and secure from unlawful or illegal disclosure and will not be disclosed to any third parties without written consent of the individual, unless required by law or regulation.
9.3. Under the General Data Protection regulation, the Agency needs written consent from a Candidate in order to share sensitive personal data with Clients and vice versa. Therefore the Agency may be unable to share such data.
9.4. The Candidate agrees that the information was given to the Agency (experience, referees, picture, job search criteria and other employment information) being made available on the website and Platform for the purposes of marketing the Candidates Services to Client and Potential Clients.
9.5. In case the Client wishes to utilize one of our partner services (such as payroll services or insurance), the Client explicitly consents to its data being transmitted to a third party.
10.1. The Client has the right to cancel this Agreement within 14 days of the Registration Date under the Consumer Contracts Regulations. If the Client wishes to cancel this agreement they must notify the Agency in writing (email or letter).
10.2. If an Engagement has commenced within the 14 day period and the Client decides to cancel this agreement the Agency will be entitled to charge the Placement Fee, in relation to the Services which have been performed prior to the cancellation.
10.3. For the avoidance of doubt, the Client loses the right to cancel this Agreement and the Registration and Placement Fee will be charged in full in case the Client made an offer to a Candidate which was accepted orally, in writing or electronically (e.g. via the Platform).
11. Law and Jurisdiction
11.1. These Terms & Conditions (including Appendix 1) shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Trial Period Fee (up to three days per Candidate or up to nine days in total across all Candidates)
Trial Period Fee (any additional day)