- In these Terms and Conditions of Business the following definitions apply:
“Candidate” means the person introduced by the Company to the Client for an Engagement
“Client” means the person, firm or company to which/whom the Candidate is introduced
“Company” means Twinkle Au Pairs, registered at 6 Greenhills Park, Bloxham, Banbury, OX15 4TA
“Engagement” means the engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis
“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 Company to search for a Candidate; or (ii) the passing to the Client by the Company via telephone, fax, email, post or otherwise of a curriculum vitae or other information which identifies the Candidate
- The Company undertakes business on the following terms which shall represent a legally-binding contract between the Company 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.
- The Company is not an employer of the childcarers but acts as an introduction agent of childcarers to its Clients.
- The Client will be deemed to have accepted the Company’s Terms and Conditions of Business when an Introduction takes place.
- Candidates are introduced by the Company 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.
- The Client undertakes to inform the Company 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 Company will assume that all details of the Engagement have been agreed between the Client and the Candidate unless the Client informs the Company in writing to the contrary prior to the commencement of the Engagement.
- All information provided by the Company including personal details of Candidates should be treated as strictly confidential. The disclosure by the Client to a third party of any details regarding a Candidate introduced by the Company 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 Company’s fee with no entitlement to any refund.
- When confirming temporary 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 Company of any such changes. Equally, should an initial temporary Engagement result in permanent Engagement within 6 months of the date of commencement of the initial Engagement, the permanent fee shall be payable. The Company’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 Company. The client undertakes to inform the Company immediately should the Company 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 Company. 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 Company has made the Client aware of the said Candidate’s availability and suitability for the Client’s job description, the Company’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 Company’s introduction fee remains payable.
- Should the Client cancel a permanent or temporary 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 Company.
- Should the Client cancel a permanent or temporary Engagement once employment has commenced, no refund or replacement will be due, subject to the provisions of clause 13.
- Fees will be invoiced in full on confirmation of an Engagement. All fees must be paid within 7 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 on unpaid invoices in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 and any subsequent amendments.
- The Company will only grant replacements or refunds in the following circumstances, subject always to clause 12 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 8 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 or if the Company is unable to find a suitable candidate: if the Candidate left within 2 weeks 50% refunded, within 4 weeks 30% refunded, within 6 weeks 20% refunded, within 8 weeks 10% refunded. Only one free replacement is allowed and the job specification must remain the same.
- Should the candidate in a temporary 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 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 Company 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 Company in accordance with clause 12 above or if the Client is in breach of any other of the Company’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 Company they have deemed to be unsatisfactory.
- The Company cannot guarantee that the Candidate will complete his or her proposed length of Engagement.
- If the Client has found a suitable Candidate through Twinkle Au Pairs, but uses another agency to place the nanny, the client must endeavour to pay Twinkle Au Pairs the agreed fee.
- The Company 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. As the Company does not directly employ the Candidate, the Company is not able to insist upon DBS checks (previously CRB). However, the Company advises all candidates to undertake a DBS check. It is the Client’s responsibility should they decide to engage a Candidate who does not have a current DBS check, or who is in the process of applying for a DBS check. The Company will advise the Client of the DBS status of the Candidate.
- The Company 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 accrual acts or omission of the Candidate or the Company. The Client shall indemnify and hold harmless the Company 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 Company does not exclude liability for death or personal injury arising directly from its own negligence.
- All documents and information given to the Company whether written or oral shall be kept confidential.
- Records of all registrations will be held by the Company for a period of 3 years and will be treated as confidential.
- Data Protection – Twinkle Au Pairs is registered data user under the Data Protection Act 1998 (the “DPA”) and complies with its obligations under the DPA and will never pass your details to any third party for any other reasons than those you have consented to.
These Terms and Conditions of Business are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
We reserve the right to modify this Terms & Conditions at any time. Any changes we may make to this Terms & Conditions will be notified and available on our website.
If you would like to contact us with any queries or comments on this Terms & Conditions please send us an email via our website.
The Company’s Fees for introduction are as follows:
1-15 hrs per week £300
16-30 hrs per week £500
31-40 hrs per week £600
41+ hrs per week £700
For first week £80
For each additional week £50
Placements for 12 weeks or longer will be charged as permanent fee.
£10 per booking
£30 per booking
Clients who have previously employed a permanent Candidate through the Company will be entitled to a 10% discount on future introductions.