These terms and conditions (the “Terms”) are between Tulip Nannies LTD (the “Agency”) and an employer (the “Client”) who in turn employs, engages or uses a person (the “Applicant”), on a permanent or temporary basis, after an introduction by the Agency. These Terms govern all business between Agency and Client for any Engagement and any changes to these Terms must be agreed separately in writing between the parties. An “Engagement” means the employment, engagement or use of the Applicant by the Client or any third party to whom the candidate has been introduced to by the Client. Client must accept these Terms by signing below and returning to the Agency before Agency commences its work.
INTRODUCTION & ENGAGEMENT
1. The agent provides a service to introduce Clients to Applicants. An “Introduction” is the passing on information regarding the Applicant, including Applicant’s contact details, to the Client which could later result in an Engagement. Upon acceptance of these Terms and receipt of brief from Client, Agency will commence a search of suitable candidates and will coordinate initial Introductions and interviews as required.
2. Client agrees to notify Agency within twenty-four (24) hours after an Engagement is agreed and also provide Agency the date of commencement of the Engagement.
3. The Agency endeavours to introduce a suitable variety of Applicants but cannot, in any way, be held responsible for any problems resulting from such as an introduction and/or subsequent Engagement from the Applicant of your choice.
4. Any Client who decides to engage an Applicant, having previously rejected that same Applicant when introduced by the Agency, will be invoiced the applicable Introduction Fee accordingly.
5. All Introductions are confidential. Clients who pass third parties this confidential information relating to an Applicant introduced to them by the Agency within six months of introduction, which results in subsequent Engagement, will be held liable to pay the full Fee owed for such an Engagement. If Client wishes to pass along the information of an Applicant to a third party, they should notify the Agency and request the Agencies permission which shall not unreasonably be withheld. If the Agency agrees to allow the Client to pass along the Applicant’s information, then the Agency will facilitate such an introduction after the third party accepts these Terms.
6. Within the first eight (8) weeks of Engagement the employer (Client) agrees to produce a written contract of employment to the employee (Applicant); this contract is between the employer (Client) and the employee (Applicant).
7. The employer (Client) is responsible for paying the employee’s (Applicant) Tax and National Insurance contributions.
Payment of Fees
8. When an Introduction results in an Engagement, Client will pay Agency the applicable Fee as detailed on the then current Fee Schedule (updated from time to time) which is made available to Client by Agency initially prior to accepting these Terms.
9. Upon notification of an Engagement to the Agency, the Agency will send Client a confirmation letter and an invoice.
10. All fees are payable upon receipt of the invoice and in any event no later than ten (10) working days after receipt of the invoice or prior to the Engagement. If payment is not received within the ten (10) days a surcharge of ten per cent (10%) per week will be charged.
11. All payments are to be made via bank transfer or cheque only, payable to Tulip Nannies LTD. Bank transfer details are available upon request.
Reimbursement terms for Fees
12. If an employee (Applicant) fails to commence Engagement on the arranged start date, then The Agency will endeavour to find a suitable replacement or reimburse the Client the Fee they paid, minus a £50 administration fee, providing the Fees were paid in full within 10 days after the invoice was sent, and providing the Engagement has not been terminated due to unreasonable demands by the Client or a change in job description or location. If the Fees were not paid in full within 10 days after the invoice was sent, the Engagement was terminated due to unreasonable demands by the Client or a change in job description or location occurs, then the Client will not be reimbursed.
13. Should an employee (Applicant) leave within the first six weeks, the Agency will endeavour to find a suitable replacement or reimburse the Client the amount they have paid minus the UK Placement Temporary Fees which will be charged for each week the Applicant was employed, providing the Fees were paid in full within 10 days after the invoice was sent, and providing the Engagement has not been terminated due to unreasonable demands by the Client or a change in job description or location. If the Fees were not paid in full within 10 days after the invoice was sent, the Engagement was terminated due to unreasonable demands by the Client or a change in job description or location occurs, then the Client will not be reimbursed.
14. All Fees for Applicants employed as temporary employees are non-refundable.
15. Client must notify Agency within seven days of termination of an Applicant’s permanent Engagement which occurs within the first six weeks.
16. Client must notify Agency within 24 hours of termination of temporary Engagement of an Applicant.
17. Unless otherwise stated in these Terms, all Agency Fees are
Change in Circumstance & Fees
18. If an offer of employment is made to the Applicant then the Client decides for any reason to withdraw, after a letter of conformation has been sent to the Client/and or an invoice has been sent/and or paid. Then the Client shall be liable to pay half the applicable Agency Fees.
19. In the case where an Applicant who is initially Engaged by an employer (Client) on a temporary basis and that Engagement subsequently becomes permanent, The Agency must be informed by the employer (Client) who will be invoiced the applicable Fee for such an Engagement.
20. An employer (Client) re-Engaging a temporary Nanny already introduced to
them by The Agency must arrange this through the Agency and not the employee
21. Although the Agency will engage in activities to vet suitable Applicants, the Client is nevertheless advised to obtain references to satisfy him/herself of the Applicant’s suitability. The final responsibility for accepting the Applicant lies with the Client.
22. The Agency cannot be held responsible and are not liable in any way for any direct or indirect problems, accidents, injuries, loss or damage caused, following an introduction or during Engagement.
23. Tulip Nannies are not employers (Clients) and conduct their business as Agents only.
24. These Terms may change from time to time, and all active Clients will be notified of any substantive changes, after which continued engagement will deemed acceptance of any updated Terms.