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1.1 “Agency”
means Simply Angelic, Elliot House 10-12 Allington
Street, London, SW1E 5EH
“Agency Fee” means the fee
payable to the agency for the services as set out in the terms
and conditions.
“Agreement” means the agreement
for the provision of the services by the agency to the Client
as contained in the Client Registration Form and these
conditions.
“Applicant” means a person
introduced by the Agency to the Client for employment in
respect of childcare on a temporary basis (including for
reasons of maternity) or a permanent basis and whether full
time 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.
“Introduction” means the Clients
interview of an applicant in person or by telephone or the
passing by the Agency to the Client of a Curriculum Vitae or
other information which identifies the Applicant and which
leads to the employment of that Applicant by the Client.
“Services” means the Introduction
of an Applicant by the Agency to the Client in the accordance
with this Agreement.
“Writing” includes facsimile
transmission and e-mail.
1.2 Words
denoting the masculine gender shall include the feminine and
neuter genders and vice versa and words denoting the singular
shall include the plural and visa versa.
1.3 The headings
in these Conditions are for convenience only and shall not
affect their interpretation.
1.4 Any
reference in these Conditions to any provision of a statute
shall be construed as a reference to that provision as
amended, reinacted or extended at the relevant time.
2.1 These
Conditions apply to the Agreement for the supply of the
Services by the Agency to the Client to the exclusion of all
other terms and conditions including any terms and conditions,
which the Client may propose to apply.
1.5 Any
variation of this Agreement (including any special terms and
conditions agreed between the parties) shall be inapplicable
unless agreed in writing between the parties.
1.6 The Agency
shall use reasonable endeavours to ensure the Introduction of
an Applicant who is suitable for the Client but does not
guarantee the suitability of any Applicant introduced or
supplied to the Client and accepts no liability for any loss
or damage arising from any negligence, misconduct, dishonesty
or lack of skill of the Applicant.
3.1 The Client
shall specify their exact requirements and provide full
details of the type of work and period of employment for which
the Applicant is required.
1.7 The Client
shall notify the Agency immediately in writing of the offer of
employment to an Applicant and shall notify the Agency
immediately in writing of the Applicant’s acceptance of such
offer of employment.
1.8 The Client
shall be responsible for obtaining work and other work
permits, for arranging any appropriate medical examination and
for checking the medical history of the Applicant.
1.9 The Client
shall be responsible for the payment of the appropriate
remuneration for any Applicant employed as a result of an
Introduction and shall where appropriate deduct and pay
National Insurance Contributions and Income Tax as applicable
to that Applicant.
1.10 Any
information provided by the Agency to the Client in respect of
an Introduction is for the use only of the Client and shall be
kept confidential by the Client and not passed on to any third
party looking to employ that Applicant. The passing on of
information to such third party which results in that third
party employing the Applicant shall render the Client liable
for payment to the agency of the Agency Fee under terms of
this Agreement.
1.11 It is the
responsibility of the Client to satisfy himself as to the
suitability of any Applicant and to take up any references
provided by the Applicant or the Agency and to make
appropriate checks of qualifications or driving licences.
4.
PERMANENT
STAFF
NANNIES (Qual/Exp'd)
(UK Based) 6 X
net weekly
salary
NANNIES (Junior/M-Help) (UK
Based)
4 X net weekly
salary
NANNY (Overseas) 20%
X
annual salary
GOVERNESS / TUTOR
(Overseas) 25%
X annual salary
TEMPORARY
STAFF
NANNIES
(UK
Based) The
fee will be £85 per week/part week
NANNIES
(Overseas)
The fee will be £125 per week/part week
MATERNITY NANNY/NURSE
(Please contact us for details)
Subject to a minimum fee of
£250 for all temporary UK positions, and £350 for
overseas positions.
All fees are exclusive of
VAT which will be charged at the prevailing rate, where
appropriate.
Where a temporary position
subsequently becomes a permanent post 50% of the fees payable
at that point for the temporary post will be credited against
the permanent fee (in accordance with the scale of charges
above) and an appropriate invoice raised and payable
immediately by the client.
4.1 The Agency
Fee shall become due and payable to the Agency immediately an
Applicant accepts employment with the Client as the result of
an Introduction.
4.2 The Agency Fee is payable by the
Client within seven days from the date of invoice.
4.3 In the event
of late payment the Client shall pay interest on the amount of
the Agency Fee outstanding at the rate of statutory interest
under the Late Payment of Commercial Debts (interest) Act 1998
from the due date of actual payment. Late payments
(outstanding more than 7 days after the due date) may also
incur a late payment charge of £12 for each weekly
reminder.
4.4 The Agency
Fee is to be paid in full prior to the Applicant commencing
employment with the Client or in the case of overseas Clients
before the Applicant leaves the United Kingdom to take up such
employment and the Agency reserves the right to advise the
Applicant to withdraw his or her acceptance of the employment
in the event that payment in full has not been made. In such
circumstances the provisions of clause 6 hereafter shall not
apply.
4.5 If the
Client has to delay the commencement of the employment of the
Applicant (for example because of the birth of a baby later
than expected) then the Client shall be liable to pay the
Applicant the full agreed weekly salary from the agreed date
to the date of actual commencement and no refund of the Agency
Fee or any part thereof shall be payable.
4.6 If the
Client cancels a confirmed booking less than fourteen days
prior to the agreed commencement date the Client shall pay the
full Agency Fee payable in respect of such booking and one
week’s agreed salary for the Applicant to the Agency.
4.7 The Client
shall pay to the Candidate reasonable travelling expenses
for the Applicants attending interview with the Client,
subject to agreement before the interview by both parties.
4.8 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.
4.9 All payments
must be in UK pounds sterling unless otherwise agreed in
writing. If any cheque from the Client is returned by the bank
as unpaid for any reason the Client will be liable for an
administration fee of £12 or such increased fee as the Agency
may from time to time reasonably require.
5.1 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 to equivalent 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.
5.2 If the
employment of an Applicant employed on a temporary or
maternity basis is extended beyond the period specified in the
Client Registration Form the Client shall be liable to pay an
additional Agency Fee to the Agency such fee being the Agency
Fee which would have been payable on the introduction of the
Applicant for the extended period after deduction of the
Agency Fee already paid by the Client.
5.3 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 being 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.
5.4 If the
Applicant does not commence employment with the Client after
accepting employment in writing or if the Applicant leaves the
employment of the Client within twelve weeks of commencing
such employment (other than as a result of breach by the
Client of the contract of employment between the Client and
the Applicant) then the following provisions shall apply:
5.4.1 These
provisions shall only apply if the Client has paid the
appropriate Agency Fee and any other charges under this
agreement in full.
5.4.2 These provisions
shall only apply if the Client has notified the Agency in
writing within five days of the Applicant’s failing to take up
the employment or leaving the employment of the
Client.
5.4.3 The Agency shall
make one further Introduction to the Client at no further
charge (other than travelling expenses in accordance with
clause 4.7 hereof) for a replacement for the
Applicant who has not taken up or who has left the employment
of the Client, or alternatively if unable to offer a suitable
replacement within 2 weeks, will offer a refund based on the
following (subject to a minimum charge 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
Nanny leaves within 26
weeks Replacement for 50% of applicable
fee
5.5 The
provisions of clause 6.1 above shall not apply in the event
that the Client has sacked the Applicant otherwise than on
just and reasonable grounds or if the Applicant has left the
employment of the Client as a result of breach by the Client
of the contract of employment between the Applicant and the
Client.
7.1 Except in
respect of death or personal injury caused by the Agency’s
negligence or as expressly provided in these Conditions the
Agency shall not be liable to the Client by a reason of any
representation (unless fraudulent) or any implied warranty
condition or other term or any duty at common law or under the
express terms of this agreement for any loss of profit, loss
of business or any indirect special or consequential loss,
damage, costs, expenses or other claims (whether caused by the
negligence of the Agency or its employees or agency otherwise)
which arise out of or in connection with the provision of the
Services and the entire liability of the Agency under or in
connection with this agreement shall not exceed the amount of
the Agency Fees paid for the provision of the Services except
as expressly provided in these Conditions.
8.
8.1
Either party may (without limiting any other remedy)
at any time terminate this agreement by giving written notice
to the other commits any breach of these conditions and (if
capable of remedy) fails to remedy the breach within thirty
days after being required by written notice to do so or if the
other goes into liquidation or (in the case of an individual
or firm) becomes bankrupt, makes a voluntary arrangement with
its creditors or has a receiver or administrator
appointed.
8.2 In the event
that the Agreement is terminated by the Agency under the
clause, the Client shall not be entitled to any refund of the
Agency Fee already paid and any Agency Fees due at the date of
termination and interest thereon and all other sums due to the
Agency will immediately become payable in full.
9.1 These
Conditions together with the terms set out in the Client
Registration Form constitute the entire agreement between the
parties and supersede any previous agreement or understanding
and may not be varied except in writing between the parties.
All other terms and conditions expressed or implied by statute
or otherwise are excluded to the fullest extent permitted by
law.
9.2 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.
9.3 Any notice
required or permitted to be given by either party to the other
under these Conditions shall be in writing 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
notifies pursuant to this provision to the party giving the
notice.
9.4 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.
9.5 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.
9.6 English law
shall apply to this agreement and the parties agree to submit
to the jurisdiction of the English courts.
9.7 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 it.
Revised
01/11/07 | 
