Terms & Conditions
TERMS AND CONDITIONS FOR Wedding Creche/Wedding Nanny
1. Contract
1.1 These terms and conditions shall represent a legally binding contract between The Client and The Agency (The Little Childcare Company)
1.2 The verbal or written instruction is given by The Client to The Agency Provider in order to deliver wedding or event childcare by the Wedding or Event Nannies as per the instructions of The Client.
2. Fees
2.1 An engagement takes place when The Client has accepted, either verbally or in writing, a quotation offered by The Agency.
2.2 The Agency will deliver the wedding or event childcare to The Client’s specified timings, as on quotation. Any additional hours worked, outside of the agreed brief, will incur out of hours charges of double time per half hour which is payable immediately.
2.3 A non-refundable deposit is payable to secure the booking with The Agency
2.4 The remaining balance is due in full no later than two weeks before the date of the wedding or event. The Agency reserves the right to charge The Client a 20% surcharge on all accounts not settled within this period.
2.5 Final confirmation of the number of children is required from The Client no later than six weeks before the event. Any increase in numbers will be charged for and immediate payment will be required. Any decrease in numbers will not be refunded.
2.6 Any payments received additional to the deposit before the allotted six weeks is at the discretion of the Client and does not give any additional rights to the Client.
2.7 If The Client books Wedding or Event Nannies less than 6 weeks prior to the wedding or event, the full balance is owed in order for the booking to be confirmed.
3. Cancellations
3.1 The Agency will not be held responsible where circumstances beyond its’ control result in cancellation. These include fire, flood, illness, accident or any other event deemed by The Agency to be beyond its’ control.
3.2 The Agency reserves the right to cancel the booking if full payment has not been received 2 weeks before the wedding or event.
3.3 If The Client cancels the booking a minimum of 2 weeks prior to the wedding or event, and payment has been received in full The Agency will be able to offer a 40% refund of the total fee.
3.4 If The Client cancels the booking within 2 weeks of the wedding or event, no refund will be offered as The Agency will need to pay the Wedding or Event Nannies.
General
3.1 The Agency has a minimum booking requirement of 4 hours per Wedding or Event Nanny
3.2 The Wedding or Event Nannies are required to keep within Minimum Standards ratio regulations and so reserve the right to refuse to care for additional children on the day, if this breaches the ratios.
3.3 The Agency endeavours to provide The Client with only the most suitable Wedding or Event Nannies. The Agency does not accept any liability for any kind of inconvenience, loss or damage however arising and whether caused directly or indirectly by one of the Wedding or Event Nannies.
3.4 No warranty is offered in respect of suitability, honesty, capability or character of any Wedding or Event Nannies introduced by The Agency and agreed by The Client.
3.5 It is the responsibility of The Client to inform The Agency in writing, at the time of booking if there are any special needs/requirements that the child/children may have/require so that The Agency can make the appropriate arrangements with the Wedding or Event Nannies involved. This is specifically important in the areas of health and or diet.
4 Confidentiality
4.1 All communication, whether written or oral or however communicated, shall remain confidential between The Agency, The Client and The Wedding or Event Nannies.
These Terms are governed by the law of Northern Ireland and are subject to the exclusive jurisdiction of the Courts of Northern Ireland
We reserve the right to amend these terms and conditions without prior notice.
CLIENT TERMS & CONDITIONS FOR SIMRAN McDaid TA The Little Childcare COMPANY
NURSERY CLIENT TERMS OF BUSINESS
These terms constitute the contract between Simran McDaid TA The Little Childcare Company and the Client for the introduction of the temporary worker’s services to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or engagement of the temporary worker or the passing of any information about the temporary worker to any third party following an introduction.
These terms contain the entire agreement between the parties and unless otherwise agreed in writing by Simran McDaid TA The Little ChildcareCompany, these terms prevail over any terms of business put forward by the Client.
No variation or alteration to these terms shall be valid unless the details of such variation are agreed between Simran McDaid TA The Little Childcare Company and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
DEFINITIONS
In these Terms of Business, the following definitions apply:
“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 Temporary or Permanent Worker is supplied or introduced;
“The Agency” means Simran McDaid TA The Little Childcare Company.
“Engages/Engaged/Engagement” means the engagement, employment or use of the Temporary Worker directly by the Client or any third party or through any other Agency or introduction agency on a permanent or temporary basis.
“Temporary Worker” means the individual who is introduced by the Agency to render services to the Client.
“Introduction” means passing to the Client of a curriculum vitae or information which identifies the Temporary Worker; and which leads to an Engagement of that Temporary Worker.
CHARGES AND REMUNERATION
Responsibility for the payment or remuneration, deduction of statutory contributions and deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 applicable to the temporary worker will be undertaken by the Agency.
The Client shall pay a separate charge in respect of each temporary worker introduced by the Agency at a rate agreed between the Agency and the Client plus any other agreed charges as set out in our fees.
The minimum charge period for each temporary worker supplied by the Agency will be 4 hours per day.
If the Client requires the services of a Permanent Worker, the Client will be charged a one-off introduction fee of 1 X 4 weekly rate, with a minimum of £300 regardless of the number of days or hours requested.
The charges are invoiced to the client on a monthly basis and are payable within 14 days. Simran McDaid TA the Little Childcare Company reserves the right to charge a late payment fee of £40 plus interest on any overdue amounts at the rate of 8% per annum above the Bank of England base rate, from the due date until the date of payment.
There are no refunds in respect of the charge of Simran McDaid TA The Little Childcare Company.
The Client must provide 24 hours’ notice to a change of hours, otherwise they are liable to pay for hours initially stated.
INFORMATION TO BE PROVIDED
When making an Introduction of a Temporary Worker to the Client the Agency shall inform the Client of the identity of the Temporary Worker; that the Temporary Worker has the necessary authorisation required by law or a professional body to work in the Assignment; and that the Temporary Worker is willing to work in the Assignment.
The Agency ensures that all temporary workers receive a full brief before they attend any assignment. However, it is the client’s responsibility to perform all on-site and internal training on the first day of their assignment.
TRANSFER AND INTRODUCTION FEES
As per the conduct of Employment Agencies & Agency Regulations 2004, an introduction fee of 1 weekly rate of pay (gross) X 4 with a minimum of £300 will be applied if the Client engages a temporary worker introduced by the Agency either directly or indirectly for a definite or indefinite period. The same fee is also due upon the introduction of such a temporary worker to other employers that result in an engagement. Fees are also liable where the client engages one of the Agency’s temporary workers via another recruitment organisation (or where applicable, if the temporary worker has become incorporated under a limited company).
An introduction fee 1 weekly rate of pay (gross) X 4 with a minimum of £300 is payable to The Agency by The Client should the temporary worker be offered employment within 12 months of the temporary worker finishing their last assignment with the Client.
Should the candidate remain in the client’s employment for a period of three months or more, the Agency will make no refund or rebate of any fees. Should the candidate leave the clients employment within three months, the Agency will refund in full the introduction fee or provide a free replacement where available. Payment terms in such incidences are 14 days after the invoice date.
Introductions are confidential. The passing on of an introduction to another employer, which results in an engagement, renders the Client liable to the payment of the Agency’s fee. An introduction fee will be charged in relation to any candidate engaged as a consequence of or resulting from an introduction by or through the Agency, even though the introduction may be made indirectly.
No refund of the transfer fee will be paid in the event that the engagement subsequently terminates.
The client agrees that subsequent bookings of a Temporary Worker previously introduced by The Agency must be booked through The Agency unless a period of 12 months has lapsed since the Temporary Worker was last booked by The Client. If the Client does not fulfil this requirement agency fees will be payable as per 5.2.
Should the temporary booking extend to 16 uninterrupted weeks, the transfer fee will be waived if the Temporary Worker takes up employment with The Client within 8 weeks from the last temporary assignment.
LIABILITY
Whilst every effort is made by the Agency to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temporary Workers and further to provide them in accordance with the Client’s booking details, the Agency is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
Temporary Workers supplied by the Agency are not the employees of the Agency but are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker, whether wilful, negligent or otherwise as though the Temporary Worker was on the payroll of the Client. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc., by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the
Client’s own staff, including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all Assignments.
The Client shall advise the Agency of any special health and safety matters about which the Agency is required to inform the Temporary Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary Worker is to fill the Assignment. The Client will assist the Agency in complying with the Agency’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Agency and the Client will not do anything to cause the Agency to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week, the Client must notify the Agency of this requirement before the commencement of that week.
The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment.
The Client undertakes not to request the supply of a Temporary Worker to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed someone who has been transferred by the Client to perform the duties of the person on strike or taking official industrial action.
TERMINATION
The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of workmanship. If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may inform the Agency within four hours of the Temporary Worker commencing the Assignment.
The Agency or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.
The Client shall notify the Agency immediately and without delay and in any event within 24 hours if the Temporary Worker fails to attend work or notifies the Client that the Temporary Worker is unable to attend work for any reason.
The Agency shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith by notice in writing without prior notice and without liability.
AMENDMENTS
The Agency reserves the right to amend the Terms and Conditions at any time. Terms and conditions will automatically be updated at the start of a new tax year.
LAW
These Terms and Conditions of Business are governed by the law of Northern Ireland and are subject to the exclusive jurisdiction of the Courts of Northern Ireland.
AGENCY FEES
The Agency charges the following placement fees for nursery, crèche and childcare setting placements:
£20 ph for temporary staff.
1 weekly rate of pay (gross) X 4 with a minimum of £600
I have read and understood the terms and conditions of business set out on pages 1- 5.
I agree and accept the terms and conditions set out by Simran McDaid TA The Little Childcare Company.
TERMS AND CONDITIONS FOR CANDIDATES
In these Terms and Conditions for candidates the following definitions apply:
“Candidate” means the person introduced by the Agency to the Client searching for a position in a private home. “Client” means the person engaging with the Agency searching for a candidate for a fee. “Agency” means The Little Childcare Company. “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; “Introduction” means (i) the Client’s interview of a Candidate in person or by telephone, following the Client’s verbal or written instruction to the Agency to search for a Candidate; or (ii) the passing to the Client by the Agency via telephone, fax, email, post or otherwise of a curriculum vitae or other information which identifies the Candidate. “Registration” means the completion of an application of a Candidate in person or by telephone, following the Candidates verbal or written instructions/permission to the Agency to search for potential employers. Unless the context requires otherwise, references to the singular include the plural. The candidates will not be charged a fee for registration.
The Candidate will be deemed to have accepted the Agency’s Terms and Conditions for Candidates when registration takes place.
The Agency undertakes business on the following terms which shall represent a legally binding contract between the Agency and the Candidate. These Terms and Conditions for Candidates should be read in conjunction with the schedule headed “registration” which forms part of these terms of business.
The Agency is not an employer of the Candidate but acts as an introduction and referral agent of Candidate to its Clients for a fee.
The Candidate agrees to provide true and accurate information and documents to the agency. The Candidate will provide the Agency with checkable references and a full work history.
The Agency agrees to provide the Candidate with true and accurate information.
All information provided by the Agency including personal details of Candidates should be treated as strictly confidential. The Candidates information will only be passed onto the Client by the Agency and not onto any third parties as set out in our privacy policy without the candidate’s permission.
All information provided by the Agency including personal details of the Clients to the Candidates should be treated as strictly confidential. The Clients information will only be passed onto the Candidates by the Agency and not onto any third parties without the Client’s permission.
The Candidate undertakes to inform the Agency immediately should the Agency introduce a Client whose details have already been introduced to the Candidate from another source.
The Candidate will inform the Agency if a Client offers the position to Candidate directly or indirectly. The Candidate will inform the Agency of any correspondence from the Client.
The Candidate agrees to a ‘trial day’ as a paid day at a rate pre-negotiated. The ‘trail day’ shall be no longer than 10 hours and take place on an agreeable day by both parties. The Candidate will inform the Agency when this day will take place.
The Candidate is under no obligation to work for any specific Client.
The Agency is under no obligation to guarantee the position the Candidate has interviewed for. The Agency cannot provide assurance the right job will be found.
The Agency cannot guarantee that the Client will complete his or her proposed length of Engagement.
The Agency shall not accept any Liability under any circumstances for any Losses (whether direct, indirect or consequential or otherwise) incurred or suffered by the Candidate, or any other person, arising out of any alleged or actual acts or omission of the Client or of the Agency. The Candidate shall indemnify and hold harmless the Agency and its Personnel against all Liability and Losses. For the purposes of this clause "Losses" means demands, expense, damage, delay, claims, awards, costs, compensation and any other losses and expenses including legal fees. "Liability" means liability in contract, tort, breach of statutory duty or otherwise. "Personnel" includes directors, officers, employees, agents, shareholders and representatives. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising directly from its own negligence.
If either the Agency or the Candidate waives any breach committed by the other party of these Terms and Conditions for Candidates that will not be deemed to be waiver of any subsequent similar breach or of any other breach at any time.
Please be sure when giving your employment history to the Agency ensure that all details are correct so that your requirements may be met, and you are not misrepresented.
Once the Candidate has had an offer of employment from a Client introduced by The Agency, they must inform the agency within 24 hours’ notice of offer, so not to become liable for the placement fee.
The candidate will only commence employment with a client once payment of Client’s invoice has been received by the agency, therefore confirming the placement. the Agency will contact the candidate as soon as the placement has been confirmed, by email. Please do not commence employment with a Client from the Agency until they agency have confirmed and have a contract in hand for the Candidate.
Client’s confidential information is sent for the express purpose of the current position you have requested to apply for with The Agency. Should you choose to pass on these details to a third party or take up employment the client yourself at a later date therefore bypassing the Agency you will be charged the appropriate fee for any subsequent engagement that occurs. The Agency are not responsible for any interview expenses howsoever incurred by the client.
The Candidate must inform the Agency through a telephone call, if they are unable to attend temporary positions.
The Candidate must return paperwork within 14 days.
The Agency suggests the Nanny to take out appropriate Car and nanny insurance.
The Candidate is to have an Access NI every 3 years and inform the Agency of any criminal convictions and points on their licence.
The Candidate must ensure their Paediatric First aid and Safeguarding training are up to date. This must be completed prior to employment.
In a normal circumstance, the agency does not charge the candidate any fees for using the agency to seek employment. It is a free service, as long as they stick to the terms and conditions of this document.
When a candidate would be charged;
Should a candidate take up employment with a client introduced to them via the agency and subsequently bypass the agency the candidate will be liable to pay a ‘Bypass Fee’ for £199.00.
To avoid this fee being charged to the candidate, the candidate should keep the agency well informed of the steps through their recruitment process for all agency clients.
A placement is considered temporary when registering a position for specified dates that do not exceed 2 weeks. If a booking is cut short or cancelled, the agency will request the client pays the candidate for the time booked in, if there is less than 30 days before the booking is due to commence.
The Agency Obligations:
To provide the candidate with full job descriptions.
To provide candidates with clients that have registered by the Agency or partner agency and had their address verified.
To arrange interviews between the Client and Candidates, if requested, via Skype or in person.
To make offers to the chosen Candidate of the Client on the Clients behalf and confirm by email of the Candidates acceptance or decline.
To instruct the Candidate to make suitable travel arrangements for her arrival to the Clients home to commence work.
To support the candidate throughout the duration of their role with the client should they need.
Candidate Commitments to The Employer/Client:
The candidates commit to respecting the following obligations:
To treat the employer’s home as your own, with the upmost respect.
To take training, support and guidance from their employer as to how to carry out their duties well.
To work all the hours as listed in your contract.
To be timely, reliable and efficient with your role.
Give 4 weeks’ notice in case of termination of employment.
Inform the Candidate of any surveillance cameras in the house.
To take full and proper care of the employer’s home and children both on and off duty.
Candidates Commitments to The Agency
The candidates commit to respecting the following obligations:
To supply the agency with truthful details about oneself and experience.
To supply the agency with all relevant paperwork as requested.
To accept The Agency’s role with a Client’s family via the Agency and not independently.
To not pass on any details of any clients to a third party, doing so will result in the candidate paying a Third-Party Referral Fee of £199.00.
To confirm any changes (by email) of the role immediately
To return a signed contracted (by both Client and Candidate) to the Agency within 7 days of the Candidates start date by email.
To contact the Agency with 48 hours of giving or receiving notice to/from the client.
To supply reasonable grounds for wishing to change your chosen client.
No variation or alteration to these Terms and Conditions for Candidates shall be valid unless the details of such variation are agreed between the Agency and the Candidate and are set out in writing and a copy of the varied terms is given to the Candidate duly signed by a Director of the Agency stating the date on or after which such varied terms shall apply.
These Terms and Conditions of Business are governed by the law of Northern Ireland and are subject to the exclusive jurisdiction of the Courts of Northern Ireland. I have read and understood the terms and conditions for Candidates set out on pages 1 and 2. I agree and accept the terms and conditions for Candidates set out by The Little Childcare Company.
TERMS AND CONDITIONS OF BUSINESS
Business terms and Conditions
In these Terms and Conditions of Business the following definitions apply: “Candidate” means the person introduced by the Agency to the Client searching for a position in a private home.
“Client” means the person engaging with the Agency searching for a Candidate for a fee. “Agency” means The Little Childcare Company. “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; “Registration form” means a form for the Client to complete with written details of the services required from the Agency. “Introduction” means (i) the Client’s interview of a Candidate in person or by telephone, following the Client’s verbal or written instruction to the Agency to search for a Candidate; or (ii) the passing to the Client by the Agency via telephone, fax, email, post or otherwise of a curriculum vitae or other information which identifies the Candidate. Unless the context requires otherwise, references to the singular include the plural.
Subject to clause 20 below, the Agency undertakes business on the following terms which shall represent a legally-binding contract between the Agency and the Client. These Terms and Conditions of Business should be read in conjunction with the schedule headed “Fees” which forms part of these Terms and Conditions of Business.
Fees will be invoiced in full on confirmation of an Engagement for the appropriate fee to the client. All fees must be paid in British Pounds Sterling within 14 days of the date of the invoice, or prior to the commencement of the Engagement, whichever is the earlier. If settlement is not received within this time-scale, the replacement and refund provisions detailed below will not apply. The Company reserves the right to charge interest of (8%) on unpaid invoices in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 and any subsequent amendments. All fees and other charges payable are not subject to VAT at present (the Agency is currently not VAT registered).
If the payment has not been received within 30 days of the original date of the invoice the Agency has the right to pass the debts onto a Debt collection agency may resulting in an additional cost to the clients. The Agency is entitled to recover reasonable costs incurred by the late payment from the Client.
If any cheque or bank transfer is returned or refused for any reason by the bank the agency has a right to charge an additional administration fee of £50.
All Fees relate to only one Placement.
The Agency is not an employer of Candidates but acts as an introduction and referral agent of Candidates to its Clients, once the registration form had been submitted.
The Client will be deemed to have accepted the Agency’s Terms and Conditions of Business when an Introduction takes place.
All information provided by the Agency including personal details of Candidates should be treated as strictly confidential. The Candidates information will only be passed onto the Client by the Agency and not onto any third parties as set out in our privacy policy without the Candidates permission. The disclosure by the Client to a third party of any details regarding a Candidate introduced by the Agency which results in the subsequent Engagement of that Candidate by that third party within 6 months of the initial Introduction will render the Client liable to payment of the Agency’s fee with no entitlement to any refund.
All information provided by the Agency including personal details of the Client to the Candidates should be treated as strictly confidential. The disclosure of the Clients information will only be passed onto the Candidates by the Agency and not by a third party as set out in our privacy policy without the Agency’s permission.
All information provided by the Clients to the Agency of requirements of full details of the role and responsibility needed of the Candidate, the Client is accepting and agreeing for the information to be shared with suitable Candidates.
The Client agrees to provide true and accurate information to the agency.
The Agency agrees to provide the client with true and accurate information about the Candidate.
The Client undertakes to inform the Agency of any offer of Engagement to a Candidate including the start date of the Engagement. The Client must agree with the Candidate prior to the commencement of the Engagement details of all material terms including duties, pay, hours and place of work, holidays and notice period. The Agency will assume that all details of the Engagement have been agreed between the Client and the Candidate unless the Client informs the Agency in writing to the contrary prior to the commencement of the Engagement.
The Client agrees to a ‘trial day’ as a paid day at a rate pre-negotiated. The ‘trial day’ shall be no longer than 10 hours and take place on an agreeable day by both parties. The Client will inform the Agency when this day will take place.
Candidates are introduced by the Agency on the basis that should the Client wish to use their services, the Client will employ the Candidate directly in accordance with the prevailing employment legislation including without limitation paying the Candidate's Tax and National Insurance contributions (unless the Candidate provides written evidence that they are self-employed); and that the Client is providing a suitable working environment which does not compromise the health and safety of the Candidate.
When confirming temporary or maternity Engagements, the Client should detail at the outset the length of the Engagement. The full fee applicable to the length of the booking will be invoiced on confirmation of the Engagement. Should the Engagement be extended by the Client, or the Candidate's services be used again within 6 months of the termination of the previous Engagement, a further fee will be payable. The Client agrees to notify the Agency of any such changes. Equally, should an initial temporary or maternity Engagement result in a permanent Engagement within 6 months of the date of commencement of the initial Engagement, the permanent fee shall be payable unless the temporary fees are greater in which case the temporary fees shall be payable. The Agency’s fee is specific to the Introduction of an individual Candidate. Any subsequent
Introduction or Engagement of further Candidates shall be subject to a further fee.
Records of all Introductions are kept by the Agency within suitable time frame in accordance to the laws sent out in The General Data Protection Regulations (GDPR). The Client undertakes to inform the Agency immediately should the Agency introduce a Candidate whose details have already been introduced to the Client from another source. If the Client fails to do so and an offer of Engagement ensues, the introduction fee will be payable by the Client, to the Agency.
In circumstances where the Client may have prior knowledge of a proposed Candidate, in a context other than as an applicant for the job vacancy, and where the Agency has made the Client aware of the said Candidate's availability and suitability for the Client’s job description, the Agency's introduction fee will be payable.
In circumstances where the Client makes an offer of Engagement to a Candidate for a position other than in accordance with the original job description, the Agency’s introduction fee remains payable.
Should the Client cancel a permanent, temporary or maternity Engagement after terms have been agreed but before the Engagement commences, the Client will be liable for 50% of the original placement fee. In exceptional extenuating circumstances this fee may be waived at the sole discretion of the Agency.
Should the Client cancel the Engagement set out in clause 11, the Client agrees to pay the Candidate one week’s salary to compensate for loss of earnings.
Should the Client cancel a permanent, temporary or maternity Engagement once employment has commenced, no refund or replacement will be due, subject to the provisions of clause
In confirming the Engagement of a Maternity Nurse, the Client must confirm dates in writing to the Maternity Nurse and is liable to pay the nurse from the date she is booked regardless of the fact that the baby may arrive earlier or later than expected. Equally should the Maternity Nurse commence the booking later, or end it earlier, or otherwise not work for the period originally agreed, no refund will be given for the fees paid to the Agency. Most Maternity Nurses have their own contract which they will ask the Client to sign. Some Maternity Nurses ask for a deposit, which may be non-refundable should the booking be cancelled in unforeseen circumstances. In the event that the Maternity Nurse should need to cancel the booking prior to commencement or during the booking, the Agency will endeavour to find a suitable replacement. The Agency cannot accept any liability if the Maternity Nurse does not take up the booking.
The Agency will only grant replacements or refunds in the following circumstances, subject always to clause 3 above:
Should the Candidate fail to take up the Engagement, other than as a result of unreasonable behaviour by the Client, a free replacement or full refund will be available.
Should the Candidate in a permanent Engagement leave, or be asked to leave by the Client, within 6 weeks of the date of commencement of the Engagement (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation), either a replacement Candidate will be provided free of charge. Only one free replacement is allowed, and the job specification must remain the same. Or up to 2 weeks 50% refunded, up to 4 weeks 30% refunded, up to 6 weeks 20% refunded, up to 8 weeks 10% refunded.
Should the Candidate in a temporary or maternity Engagement leave, or be asked to leave by the Client within the invoiced period (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation) a pro-rata refund for each complete week not worked - subject to a maximum refund of 50% of the original invoice - will be made if a replacement Candidate cannot be found.
All instances of termination of an Engagement where a free replacement or refund is likely to be claimed must be notified in writing to the Agency within three days of the termination of the Engagement. No refunds or free replacements will be applicable if payment has not been received by the Agency in accordance with clause 12 above or if the Client is in breach of any other of the Agency's Terms and Conditions of Business. No refund is available where the Client does not request that a replacement is found or where the Client makes other arrangements during the period in which a replacement is being sought. Requests for replacements or refunds must be made within a 3-month period from date of termination of the Engagement. No requests for refunds will be considered where the Client has been unwilling to interview potential replacement candidates or has otherwise failed to co-operate in the replacement process.
No refund or free replacement 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.
No refund or free replacement will be applicable if the Client continues to retain the services of a Candidate they have advised the Agency they have deemed to be unsatisfactory.
The Agency cannot guarantee that the Candidate will complete his or her proposed length of Engagement.
If the client has found a suitable candidate through The Little Childcare Company but uses another agency to place the nanny, the client must endeavour to pay The Little Childcare Company the agreed fee.
The Agency uses all reasonable endeavours to ensure the suitability of the Candidate for Introduction to the Client. However, the final responsibility for engaging the Candidate lies with the Client. The Client is strongly advised to obtain their own references to satisfy themselves of the Candidate's suitability and obtaining confirmation of qualifications.
The Agency will run an Enhanced Access N.I. check for the candidate.
The Agency will provide a contract of employment draught for use as a guide between the Client and the Candidate.
The Agency does not provide legal advice for the contract of employment.
The Agency strongly advises the Client to ensure they have insurance to cover their employee and public liability.
The Agency shall not accept any Liability under any circumstances for any Losses (whether direct, indirect or consequential or otherwise) incurred or suffered by the Client, the Client's dependents, or any other person, arising out of any alleged or actual acts or omission of the Candidate or of the Agency. The Client shall indemnify and hold harmless the Agency and its Personnel against all Liability and Losses. For the purposes of this clause "Losses" means demands, expense, damage, delay, claims, awards, costs, compensation and any other losses and expenses including legal fees. "Liability" means liability in contract, tort, breach of statutory duty or otherwise. "Personnel" include directors, officers, employees, agents, shareholders and representatives. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising directly from its own negligence.
Notwithstanding, that any part of these Terms and Conditions of Business may prove to be invalid or unenforceable under any rule or law or enactment, such term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions of Business but all other provisions and the remainder of the provision in question shall remain in full force and effect. The Agency and Client shall agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
If either the Agency or the Client waives any breach committed by the other party of these Terms and Conditions of Business that will not be deemed to be waiver of any subsequent similar breach or of any other breach at any time.
No variation or alteration to these Terms and Conditions of Business shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client duly signed by a Director of the Agency stating the date on or after which such varied terms shall apply.
For emergency work in childcare settings e.g. nurseries, childminders the nanny is not to be left unsupervised with the children at any time.
It is up to the client to ensure that the nanny has their own insurance.
These Terms and Conditions of Business are governed by the law of Northern Ireland and are subject to the exclusive jurisdiction of the Courts of Northern Ireland.
If, and only if, the Client is an individual consumer, then he / she may cancel this Agreement within 14 days (“cooling off period”) of entering into it. Accordingly, the Agency is under no obligation to commence provision of the Services until after the expiry of that cooling-off period.
If the Client requires the Agency to provide the Services sooner than 14 days after the Agreement has been made, he / she must instruct the Agency to do so in writing, acknowledging that he / she will lose his right to cancel upon such instruction.
I have read and understood the terms and conditions of business set out on pages 1- 4.
I agree and accept the terms and conditions set out by The Little Childcare Company.
Our Partners
PRIVACY POLICY
Privacy notice
1. INTRODUCTION
We are a recruitment agency and recruitment business as defined in the Employment Agencies and Employment Businesses Regulations 2003 (our business). We also provide the following other services [in house-training], [ [consultancy] (counselling]. We collect information about you to carry out our core business and ancillary activities.
This privacy notice provides you with details of how Simran McDaid TA The Little Childcare Company collect and Process your Personal Data, whether you’re a client, a candidate, a supplier or another third party.
“Personal Data” is any information identifying a living, identifiable individual, excluding any anonymous data but including any sensitive Personal Data. Such data can be factual such as a name, email address, date of birth or national insurance number; or an opinion or reference about a person’s actions or behaviour.
“Processing” or “Process” means any activity involving the use of Personal Data whether that is obtaining, holding, recording or carrying out any operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. It includes the transmission or transferring Personal Data to third parties.
Simran McDaid TA The Little Childcare Company [is/am/are] the data controller and we are responsible for your Personal Data, including determining when, why and how to Process Personal Data.
Our email address is info@thenannycompany.org.uk
Our postal address is 16 Derryvolgie Avenue, BT9 6Fl.
If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us AT INFO@THENANNYCOMPANY.ORG.UK
2. BACKGROUND
This policy has been written in accordance with the principles and safeguards set out in the General Data Protection Regulation (EU) 2016/679) (“GDPR”) We adhere to the principles relating to the Processing of Personal Data set out in GDPR which require Personal Data to be:
(a) Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
(b) Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
(c) Adequate, relevant and limited to what is necessary in relation to the purposes for which it is Processed (Data Minimisation).
(d) Accurate and where necessary kept up to date (Accuracy).
(e) Not kept in a form which permits identification of Data Subjects for longer than is necessary for the purposes for which the data is Processed (Storage Limitation).
(f) Processed in a manner that ensures its security using appropriate technical and organisational measures to protect against unauthorised or unlawful Processing and against accidental loss, destruction or damage (Security, Integrity and Confidentiality).
(g) Not transferred to another country without appropriate safeguards being in place (Transfer Limitation).
(h) Made available to individuals such us to allow them to exercise certain rights in relation to their Personal Data (Data Subject’s Rights and Requests).
3. HOW WE USE YOUR PERSONAL DATA
We will only use your Personal Data when legally permitted. The most common uses of your Personal Data are:
Where we need to perform the contract between us either (i) in accordance with our terms and conditions [INSERT LINK TO TERMS OF BUSINESS] of business if you are a client; ii) in accordance with our terms [INSERT LINK TO TERMS OF REPRESENTATION] of representation if you are a candidate or (iii) in accordance with the relevant terms of supply between us as businesses.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal ground for Processing your Personal Data, other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing us at info@thenannycompany.org.uk
Purposes for Processing your Personal Data
Set out below is a description of the ways we intend to use your Personal Data and the legal grounds on which we will Process such data. We have also explained what our legitimate interests are where relevant.
We may Process your Personal Data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please email us at info@thenannycompany.org.uk if you need details about the specific legal ground we are relying on to Process your Personal Data where more than one ground has been set out in the table below.
Purpose/Activity
Type of data
Lawful basis for Processing
To register you as a new client
(a) Identity
(b) Contact
(c) Details concerning your family
To find a suitable candidate for your family in accordance with our legal terms and conditions of business.
[OTHER?]
To register you as a new candidate
(a) Identity
(b) Contact
(c) Job experience
(d) Skills and qualifications
To comply with your legal terms and conditions of representation and use all reasonable endeavours to find you suitable employment / engagement.
To Process your invoice:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests to recover debts owed to us
To manage our relationship with you as a supplier
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests to manage and run our business
To manage our relationship with you, including notifying you about changes to our terms or privacy policy.
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests to keep our records updated and to study how clients use our services
To administer and protect our business and our site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests for running our business, provision of administration and IT services, network security and to prevent fraud.
(b) Necessary to comply with a legal obligation
To use data analytics to improve our website, services, marketing, client relationships and experiences
(a) Technical
(b) Usage
Necessary for our legitimate interests to define types of clients for our services, to keep our site updated and relevant, to develop our business and to inform our marketing strategy.
To make suggestions and recommendations to you about services that may be of interest to you
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
Necessary for our legitimate interests to develop our services and grow our business.
Information we obtain from other sources.
In addition, we may obtain information about our candidates from other sources such as [job board websites, online CV libraries, references, personal recommendations, referees and OTHERS]. Such information shall be held by us for the purpose of complying with our obligations to our clients and candidates. For further details on the sources from which we obtain Personal Data on candidates and the purposes for which we use it, please refer to our candidate privacy policy [INSERT LINK TO CANDIDATE PRIVACY POLICY]
We may receive information about you from them for the purposes of our recruitment services and ancillary support services.
Marketing communications
You will receive marketing communications from us if you have:
requested information from us or registered with us as a candidate or client; or
if you provided us with your details and ticked the box at the point of entry of your details for us to send you marketing communications; and
in each case, you have not opted out of receiving that marketing.
We will get your express opt-in consent before we share your Personal Data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by emailing us at [info@thenannycompany.org.uk
Where you opt out of receiving our marketing communications, this will not apply to Personal Data provided to us as a result of us providing you with a service or other transaction.
4. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your Personal Data with the parties set out below for the purposes set out in the table in paragraph 2 above:
• Clients who are looking for suitable candidates to fulfil a role that they are offering.
• Service providers who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities based in the United Kingdom and other relevant jurisdictions who require reporting of Processing activities in certain circumstances.
• Third parties to whom we sell, transfer, or merge parts of our business or our assets.
We require all third parties to whom we transfer your data to respect the security of your Personal Data and to treat it in accordance with the law. We only allow such third parties to Process your Personal Data for specified purposes and in accordance with our instructions.
5. INTERNATIONAL TRANSFERS
We do not transfer your Personal Data outside the European Economic Area.
6. DATA SECURITY
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only Process your Personal Data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
7. DATA RETENTION
We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we Process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we must keep basic information about our clients (including Contact, Identity, Financial and Transaction Data) for six years after they cease being clients for tax purposes.
In some circumstances you can ask us to delete your data and it is our responsibility to make sure that any
Personal Data we retain is accurate. So, if you would like us to erase your data (to the extent that we are able) or there are any changes to your data which means what we currently hold is inaccurate, please do let us know.
8. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. These include the right to:
• Request access to your Personal Data.
• Request correction of your Personal Data.
• Request erasure of your Personal Data.
• Object to Processing of your Personal Data.
• Request restriction of processing your Personal Data.
• Request transfer of your Personal Data.
• Right to withdraw consent.
You can see more about these rights at:
If you wish to exercise any of the rights set out above, please email us at info@thenannycompany.org.uk
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.