TRANSCEND CHILD CARE TALENT

Terms and Conditions of Business

 

These Terms and Conditions of Transcend Child Care Talent governs the use of our website and our relationship with our clients and candidates. These Terms and Conditions of Business should be read in conjunction with the schedule headed “Fees” which form part of these Terms and Conditions.

 

The Agency undertakes business on the following Terms which shall represent a legally binding contract between the Agency and the Client.

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1. The following Definitions apply:

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a) “AGENCY” refers to Transcend Childcare Talent, Suite 66, 28 Old Brompton Road, South Kensington ,London, SW73SS.

b) “CLIENT” refers to the person whose name is filled on the Client Registration Form and who the Agency has agreed to provide Childcare Services in accordance with these terms.

c) “CANDIDATE” means any nanny, maternity nurse, or other child care professional introduced by the Agency to the Client to be considered for an engagement.

d) “REGISTRATION FORM” simply refers to any document, application form, quotation or other written instrument outlining the Agency services.

e) “INTRODUCTION” refers to the procedure where the Agency shares the profile or any other relevant information that can be used to identify the Applicant to the Client.

f) “PLACEMENT” refers to the agreement between the Client and the Candidate stating expressly that the Client will employ or use the services provided by the Candidate.

g) “ENGAGEMENT” refers to the engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis, whether under contract of service or services.

h) “SERVICES” refers to the introduction of a Candidate to the Client by the Agency in accordance with this Agreement.

i) “AGREEMENT” refers to the contract between The Agency and the Client for the provision of the services incorporating these Terms and Conditions.

j) ‘THIRD PARTY’ refers to any person who is not the Agency or the Client.

k) “WRITING” includes email, SMS and any other electronic transmission.

 

These Terms and Conditions are deemed to be accepted by the Client by virtue of either:

i) By submitting the Agency Registration Form.

ii) The Clients’ written instruction to the Agency to submit suitable Applicants for a position.

 

2) REGISTRATION

a) Clients must complete the online registration Form, ensuring comprehension and acceptance of our Terms and Conditions of Service and Fee Structure. Submission of this form confirms acceptance of the Agency’s Terms and Conditions of Service.

 

3) FEES STRUCTURE

a) All Fees are stated in British Pounds Sterling

 

i) UK AND EUROPE BASED PLACEMENTS

(1) Permanent placements: Annual fee: 15% of annual net salary.

(2)Bespoke contract: free of charge

(3)Temporary placement : Daily fee £40, £150 per week .

 

ii) INTERNATIONAL PLACEMENTS

(1) Permanent placement :18% of annual net salary.

(2) Bespoke Contract : £150

(3) Temporary Placement: Daily fee £50, Weekly fee £150

(4)Bespoke Contract : £150

 

b) Invoices will be submitted by the Agency to the Client upon offer acceptance by the Candidate and are payable within seven days, or prior if the Candidate will relocate outside the UK.

c)A surcharge of 20% per week applies to overdue invoices.

d) Outstanding invoices after 30 days may be referred to a Debt collection agency, incurring additional charges.

e) Payments must be in British Pounds Sterling. Returned cheques incur a £25 administration fee

f) Fees are currently not subject to VAT (the Agency is not currently VAT registered)

g) Fees charged are per one Placement only.

 

4) ADDITIONAL FEES

a). If a Temporary or Maternity Placement becomes Permanent, the Client agrees to notify the Agency, and an additional fee is payable equivalent to the difference between the fee already paid and the fee for a Permanent Placement.

b) Extensions to Temporary or Maternity Placements require notification and payment of the relevant fee.

c) A Temporary Placement is under twelve consecutive weeks

d) Should the Client re-engage the Candidate at any time, the Client undertakes to notify the Agency and to pay the relevant Introduction fee again. .

e) If the Client hires a candidate introduced by the Agency and fails to notify the Agency within two days, an invoice will be issued. The corresponding Placement fee will be due and subject to a 50% surcharge.
f) The Candidate will not start employment until Agency Fees have been paid in full.

g) A Permanent Placement is considered as a Placement for any period over Twelve Consecutive weeks.

 

5) CLIENT’S RESPONSIBILITIES.

a) The Client must provide detailed roles and responsibilities of its choice candidate to the Agency to guide the Agency in matching the most appropriate candidate for the Client. The Client acknowledges and agrees that the Agency reserves the right to share this information with prospective Candidates.

b) The Client agrees to promptly notify the Agency, in writing, as soon as it offers employment to the candidate who has accepted the offer, the Client must promptly pay the Agency the applicable placement fee.

c) The Client is responsible for the Candidate’s remuneration, Tax and National Insurance Contributions, the Client is equally responsible for providing the Candidate with a contract of employment, outlining the working conditions, rights and responsibilities of the Client and the Candidate. Upon request, the Agency can provide the Client and Candidate a sample contract of employment that can be used as a guide.

d) The Client must reimburse all reasonable travelling expenses incurred by the Candidate for attending any interview upon presentation of travel receipts from the Candidate.

e)The Client is accountable for compensating the Candidate if a "trial day" is requested, which should not exceed one ten-hour day. The Client consents to remit to the Candidate one full day's payment at a mutually agreed pre-negotiated rate.

f) The Client must confirm the date of engagement of a maternity nurse in writing and the Client must pay the Maternity nurse from the date she has been booked whether or not the baby arrives earlier or later than expected.In practice, most maternity nurses have their custom made contracts which they forward to the Client.

g) The Client is responsible for obtaining any medical certificates, work permits or other approvals necessary for the candidates prior to the commencement of employment.

h) The Client agrees not to directly or indirectly to circumvent the Agency with the intention of depriving the Agency of its placement fees. Where it is discovered that the Client has tried to deprive the Agency of its fees, the Agency will send an invoice to the Client for the particular placement of that Candidate.

i) Where a Candidate has been introduced by the Agency to the Client and is initially rejected by the Client and is subsequently Engaged by the Client in any capacity within a period of up to and including 12 months from the initial introduction date, and regardless of whether the Candidate is Engaged in the same role for which the Candidate was initially Introduced or in a different role, the Client shall be responsible for the full applicable Agency Fee resulting from such employment.

j) All parties should recognize that Maternity Nurses are self-employed.

 

6) INTERNATIONAL ENGAGEMENTS

a) The Client agrees to take sole responsibility for the Candidate’s eligibility to work in the Client’s country.

b) The Client is responsible for organizing, securing, and covering all costs associated with the candidate's return travel before the commencement of employment.

c) The Client is accountable for handling, acquiring, and covering the expenses related to any necessary Work Permit/Visas and all immigration requirements for the Candidate.

d) The Client agrees to take responsibility for processing and payment for the Candidates Health Insurance and Travel Insurance.

e) The Client is responsible for the Candidate’s remuneration, Tax and National Insurance Contributions, and the Client is equally responsible for providing the Candidate with a contract of employment, outlining the working conditions, rights and responsibilities of the Client and the Candidate. Upon request, the Agency can provide the Client and Candidate a sample contract of employment that can be used as a guide.

f) Where the Candidate is refused entry by a country's immigration authorities, or are not permitted to remain in that country as a result of the Client failing to arrange and obtain a valid Work Permit, the Agency will not be held responsible for any of these occurrences.

 

7) AGENCY’S RESPONSIBILITIES

a) The Agency will render the services specified in the Registration Form, carrying them out with due skill and care, and to a standard deemed reasonable, adhering to recognized codes of practice and statutory obligations.

b) The Agency will to the best of its ability provide the Client with suitable Candidates and shall do due diligence to ensure that the candidates it introduces are of sound character, honest and reliable but cannot be held responsible for the conduct of any Candidate.

c) The Client will be responsible for collating references and confirming the references and qualifications supplied by the candidate and shall do due diligence to confirm that the Candidate is suitable for the job.

d) The Agency acts only as an intermediary introducing Clients to suitable Candidates.

e) The Agency does not directly or indirectly employ Candidates.

f) The Agency represents that it does not offer any legal advice to the Client or the Candidate regarding the contract of employment.

g) The Agency recommends that the Client ensures their home contents insurance includes coverage for employees and public liability insurance for any childcare provider they employ.

h) No variation or alteration to these Terms and Conditions of Business must be made without the written consent of the owner of this Agency.

i) The Agency does not operate a payroll system but can refer the Client to a nanny payroll tax specialist upon request by the Client.

 

8) REFUNDS

a) The Agency will only be obliged to issue a full refund to the Client if a Candidate fails to commence employment and the following criteria have been met:

i) The Client has informed the Agency in writing of this circumstance within two days.

ii) The Client has paid the Agency Placement Fee in full within seven days of the date of invoice.

 

9) REPLACEMENT

a) In the event that the Candidate in a permanent engagement departs or is dismissed by the Client within six weeks of the commencement date, the Agency will present the Client with one replacement Candidate at no additional cost. The Agency will provide the Client with up to three Candidate profiles chosen from a suitable pool, aligned with the information and specifications initially provided by the Client in the Registration Form. The Client will have six weeks to notify the Agency of their decision. It's important to note that the Agency bears no liability and is not obliged to offer a replacement or any refund if the Client deems the Candidate profiles unsuitable and declines to engage any of the potential Candidates. Candidates profiles unacceptable and does not wish to engage any of the potential Candidates.

b) Where the Candidate is on temporary or maternity engagement leave, or be asked to leave by the Client within two days of the date of commencement. The replacement provisions in clause (9 a) will apply.

c) The Agency offers no guarantee that the Candidate will complete his or her proposed length of Engagement.

d) The Agency will offer replacements if the following criteria has been adhered to:

i) The Client has settled the Agency Placement Fee in its entirety within seven days from the invoice date.

ii) The Candidate did not terminate employment as a result of unreasonable demands imposed by the Client.

iii) The Client has not altered the employment conditions of the Candidate as stipulated in the contract.

iv) The Client's intention to hire a Candidate remains unchanged.

v) During the six-week period for the Agency to find a replacement, the Client refrains from soliciting the services of any other agency or conducting independent searches.

 

e) Where the Client finds a Candidate without the help of the Agency, the Agency will offer no other Candidates for free replacement.

f) Once the Agency provides a free replacement Candidate for the Client, there will be no further replacements offered.

 

10) CANCELLATION

a) Cancellation of Employment before engagement incurs a percentage payment of 50% of the original Placement Fee and will become due within seven days of the date of invoice.

b) The Client consents to remunerate the Candidate with one week's salary to offset their loss of earnings.

 

11) TERMINATION

a) The Agreement shall persist until the Services outlined in the Registration Form have been rendered or until a later date mutually consented to in writing by both parties, or until terminated by either party as per the stipulations laid out in these Terms and Conditions.

b) Either party may terminate the Agreement by providing written notice to the other party under the following circumstances:

i) If the other party commits a material breach of these Terms and Conditions and, in the event of a remediable breach, fails to rectify it within a reasonable timeframe after receiving written notice from the other party to do so.

ii) If the other party commits a material breach of these Terms and Conditions that cannot be rectified under any circumstances

 

c) The Agent reserves the right to terminate the Agreement if the Client has not made any payment due within 30 days of the requested sum.

d) In the event of termination the Client must pay to the Agent any payment for work done and expenses incurred up to the date of termination.

 

12) LIMITATION and LIABILITY

a) Nothing in these Terms and Conditions shall exclude or limit the liability of the Agency for death or personal injury, however the Agency shall not be liable for any direct loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Agency in the insurance year in which the client's claim is first notified.

b) The Agency accepts no liability for any loss, damage, expense or compensation suffered or incurred by any nature by the Client, arising directly or indirectly from an act or omission by any Candidate introduced to the Client by the Agency.

 

13) INDEMNITY

a) The Client shall indemnify the Agency against all claims, costs and expenses which the Agency may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions of Business.

 

14) FORCE MAJUERE

a) Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant machinery or shortage or unavailability of raw materials from natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

 

15) CONFIDENTIALITY

a) All information supplied by the Agency under this agreement whether it is written or verbal shall be termed as confidential and should not be disclosed directly or indirectly to any third party. Where the Client pass any details, information or recommendations of the Candidate to a third party which subsequently results in employment for the Candidate, the Client must pay for the full introduction fee and these Terms and Conditions shall apply.

 

16) ENTIRE AGREEMENT

These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.

 

17) GOVERNING LAW

a) These Terms and Conditions of Business shall be governed by and construed in accordance with the law of the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.