Terms & Conditions

1. Definitions

“Agency” means Amanda Cooper trading as Puddleduck Nannies

“Agency Fee” means the relevant fee payable to the Agency for the Services as set out in Clause 5.

“Applicant” means a person introduced by the Agency to the Client as requested and described in the Client Registration Form for potential employment in respect of childcare on a temporary basis (including for reasons of maternity) or a permanent basis, whether full or part time.

“Client” means the client named on the Client Registration Form for whom the Agency has agreed to provide the Services in accordance with these Conditions.

“Client Registration Form” means the form to which these Conditions are annexed.

“Conditions” means the terms and conditions of supply of Services as set out herein and any subsequent terms and conditions agreed in writing by the Agency and the Client.

“Introduction” means the passing by the Agency to the Client of a Curriculum Vitae or other information in relation to an Applicant.

“Services” means the services provided by the Agency to the Client as described in these Conditions.

2. Agreement

2.1 The Agreement between the Agency and the Client for the provision of the Services, incorporating these Conditions, shall only come into force when the Agency confirms acceptance of the signed Client Registration Form either orally or in writing to the Client (the “Agreement”).

2.2 These Conditions apply to the Agreement to the exclusion of all other terms and conditions and shall supersede any other documentation or communication between the Client and the Agency.

2.3 Any variation of this Agreement (including any special terms and conditions agreed between the parties) must be agreed in writing between the parties.

3. Supply of Services

3.1 The Agency shall use reasonable endeavours to introduce to the Client Applicants which the Agency considers suitable to be employed by the Client as required in the Client Registration Form and to perform the additional Services as further set out in this Clause.

3.2 The Agency shall carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations.

3.3 The Agency will take all reasonable steps to introduce Applicants to the Client who are of sound character, honest and reliable but cannot be held responsible for the conduct of an Applicant either before or during the Client’s employment of the Applicant. The Agency accepts no liability for any loss or damage arising from any negligence, misconduct, dishonesty or lack of skill on the part of the Applicant.

3.4 The Agency is responsible for carrying out a Criminal Records Bureau check on the Applicant, necessary for the Applicant prior to the commencement of the Applicant’s employment by the Client.

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

4. Responsibilities of the Client

4.1 The Client shall specify in the Client Registration Form their exact requirements and provide full details of the type of work and period of employment for which the Applicant is required.

4.2 The Client shall notify the Agency in writing as soon as reasonably possible but in any event within one week of both the making of the offer of employment to an Applicant and of the Applicant’s acceptance, as applicable, of such offer.

4.3 The Client shall pay the appropriate Agency Fee as set out in Clause 5 to the Agency.

4.4 The Client is responsible for the employment of the Applicant in accordance with current employment legislation, including the contract of employment and payment of all wages and expenses and for the procurement of any work permits or medical certificates, if necessary.

4.5 The Agency shall obtain a minimum of two references from each Applicant but it is the responsibility of the Client to satisfy himself as to the suitability of any Applicant, to take up any references provided by the Applicant or the Agency and to make appropriate checks of childcare qualifications or driving qualifications.

5. Charges

5.1 The amount of the Agency Fee will be determined by reference to the type of employment as follows:

5.1.1 A permanent position is any position of over three months' duration.

5.1.2 A temporary position is any position of three months’ duration or less.

5.1.3 The Agency Fee for maternity nurses will be £85.00 per week for UK based positions, and £125.00 per week for positions based overseas.

5.2 All fees stated above are exclusive of VAT which will be charged at the prevailing rate, where appropriate. All payments must be in UK pounds sterling unless otherwise agreed in writing.

5.3 Where a temporary position subsequently becomes a permanent position, the Client shall be required to pay the relevant Agency Fee for the permanent position minus the Agency Fee originally paid for the temporary position.

5.4 Following notification by the Client of an Applicant’s acceptance of employment as required by Clause 4.2, the Agency shall send an invoice to the Client setting out the relevant Agency Fee. The Agency Fee is payable by the Client within seven working days from the date of Agency’s invoice notwithstanding a cancellation by the Client unless the offer of employment is withdrawn more than 14 days prior to the agreed commencement date of employment.

5.5 If any invoice is not paid when due, the Agency is entitled (at its sole discretion) to charge interest on any balance outstanding at the rate of four per cent (4%) above the base rate for the time being of National Westminster Bank PLC compounded quarterly.

5.6 If the Client has to delay the commencement of the Applicant’s employment (for example because of the birth of a baby later than expected) no refund of the Agency Fee or any part thereof shall be payable.

5.7 The Client shall be liable for and shall indemnify the Agency against all costs and expenses incurred by the Agency in respect of any steps, actions or proceedings made or brought against the Client by the Agency to obtain payment of outstanding Agency Fees and interest.

6. Additional Fees

6.1 If an Applicant employed by the Client on a temporary or maternity basis is re-employed by the Client within one calendar year of the termination of the original period of employment (whether such re-employment is on a temporary or permanent basis) then a further Agency Fee shall be payable by the Client to the Agency. Such fee shall be equal to the Agency Fee which would have been payable if the Agency had introduced the Applicant to the Client at the time of re-employment.

6.2 If the employment of an applicant employed on a permanent part time basis is extended to full time employment in the first year of employment then the Client shall be liable to pay to the Agency an additional Agency Fee. Such fee shall be the Agency Fee which would have been payable at the time of the Introduction in respect of full time employment after deduction of the Agency Fee already paid by the Client.

7. Free Replacement/Refund Policy

7.1 If the Applicant does not commence employment with the Client after accepting an offer of employment or if the Applicant leaves the employment of the Client within twelve weeks of commencing such employment (other than as a result of a breach by the Client of the contract of employment between the Client and the Applicant or a result of the Client’s dismissal of the Applicant other than on just and reasonable grounds) then the following provisions shall apply:

7.1.2 These provisions shall only apply if the Client has paid the appropriate Agency Fee and any other charges under this agreement in full.

7.1.2 These provisions shall only apply if the Client has notified the Agency in writing within seven working days of the Applicant’s failing to take up the employment or leaving the Client’s employment.

7.1.3 The Agency shall make further Introductions to the Client at no further charge for a replacement for the Applicant who has not taken up or who has left the Client’s employment, or alternatively if unable to offer a suitable replacement within 2 weeks, will offer a refund based on the following (subject to a minimum retained Agency Fee of £250):

Nanny leaves within 2 weeks: 60% Refund
Nanny leaves within 4 weeks 40% Refund
Nanny leaves within 8 weeks 20% Refund
Nanny leaves within 12 weeks 10% Refund

8. Liability

8.1 Subject to Clause 8.2, a party to the Agreement (the “First Party”) shall not be liable for any losses (direct or indirect) incurred by the other party (whether or not due to the failure of the First Party to comply with this Agreement) except for those losses which can reasonably be foreseen by the First Party would result from its failure to comply with this Agreement provided that any such liability of the Agency shall be limited to the sum insured under any professional indemnity insurance policy held by the Agency in the insurance year in which the Client’s claim is first notified.

8.2 This Clause 8 does not exclude or limit in any way the Agency’s liability for:

8.2.1 death or personal injury caused by the negligence of the Agency; or

8.2.2 fraud or fraudulent misrepresentation; or

8.2.3 any other matter for which it would be illegal or unlawful for the Agency to exclude or attempt to exclude the Agency’s liability.

8.3 The Agencyaccepts no liability for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act or omission by any Applicant introduced to the Client bythe Agency.

9. Termination

9.1 The Agreement shall continue until the Services have been provided as required in accordance with the Client Registration Form or any subsequent date as mutually agreed in writing by both parties or until terminated at will by either party.

9.2 The Client may terminate the Agreement if the Agency fails to comply with any aspect of these Conditions and this failure continues for a period of 6 weeks after notification of non-compliance is given.

9.3 The Agency may terminate the Agreement if the Client has failed to make over any payment due within 3 weeks of the sum being requested (any such termination being without prejudice to the Agency’s claim for payments owed).

9.4 Either party may terminate the Agreement by notice in writing to the other if:

9.4.1 the other party commits a material breach of these Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

9.4.2 the other party commits a material breach of these Conditions which cannot be remedied under any circumstances.

9.5 In the event of termination the Client must reimburse the Agency for any expenses incurred, as notified to the Client by the Agency, up to the date of termination and shall not be entitled to any refund of the Agency Fee already paid and any Agency Fee due at the date of termination and interest thereon and all other sums due to the Agency will immediately become payable in full.

9.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

10. Confidentiality

10.1 All information provided by either party to the other, including but not limited to any personal details relating to the Applicant or the Client, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Applicant, as the case may be.

10.2 The passing on by the Client of any information to a third party which results in that third party employing an Applicant shall render the Client liable for payment to the Agency of the relevant Agency Fee under terms of this Agreement as if the Client had employed the Applicant rather than the third party.

11. General

11.1 Neither party may assign transfer or in any way make over any of its rights or obligations to any third party without the written consent of the other party.

11.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing either by letter or email addressed to the other party at its registered office or principal place of business or such address as any at the relevant time has been previously notified to the party giving the notice.

11.3 No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

11.5 It is not intended that any of the terms of this agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to this Agreement.

11.6 English law shall apply to this agreement and the parties agree to submit to the jurisdiction of the English courts.