1. These terms and conditions shall represent a legally binding contract between Coralis Childcare Agency Ltd (‘the Agency’) and the client or employer (‘the Client’ or‘the Employer’).
2. Any verbal or written instructions given to the Agency by the Client requesting applicants, completion of a registration form, an interview with an applicant, or any interest shown in an applicant or the engagement of an applicant introduced by the Agency, whether permanent or temporary, constitutes acceptance by the Client of the Agency’s Terms and Conditions of Business and agreement by the Client to pay the Engagement Fee should the Client engage a Candidate.
3. The Client must notify the Agency immediately after an offer of employment to a candidate has been made, including all the appropriate details.
4. The Agency is not an employer of child carers, but acts as an introduction agent of child carers to its Clients. Salaries (sometimes quoted net of all deductions), working hours, time off, holidays and duties should all be agreed when interviewing the Candidate. Subsequently, the terms of any contract of employment are between the Employer and the Employee (Candidate), not between the Employer and the Agency. Employers are responsible for complying with all relevant employment legislation, especially PAYE and NI.
5. Engagement Fees are payable by the Client on the acceptance, either verbally or in writing, by a Candidate of a position with the Client, within 10 days of the invoice date. All fees must be paid up in full before the employee can commence work. The Agency reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period. Failure to settle outstanding accounts to the Agency will render the Client liable for prosecution.
6. Should the Client cancel the employment offer after terms have been agreed but before employment commences, the Client will be liable for a 50% cancellation fee. In exceptional extenuating circumstances this fee may be waived at the discretion of the Agency.
7. When entering into short-term contracts, the Client should detail at the outset the length of the engagement. Should the short-term engagement be extended by the Client or the Candidate’s services be used again at a later date, the appropriate fees should be payable. The Client agrees to notify the Agency of any such changes. Temporary Fees are not discountable against a subsequent Permanent Fee.
8. Records of all introductions are kept by the Agency. The Client undertakes to inform the Agency immediately should the Agency introduce a Candidate whose details have already been introduced from another source. If not, should an offer of employment ensue, the Engagement Fee will be payable to the Agency. For the avoidance of doubt an ‘introduction’ means the notification by the Agency to the Client via e-mail, telephone, fax, post or otherwise of the name or CV or any other details which identify a Candidate following a request by the Client to search for a suitable Candidate.
9. 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 Agency has made the Client aware of the said Candidate’s availability and suitability for the job, the Agency’s Engagement Fee will be payable.
10. All information provided by the Agency, including personal details of candidates should be treated as strictly confidential. Any breach of confidentiality by the Client resulting in subsequent employment of a Candidate by a third party, will render the Client responsible for the Engagement Fees.
11. The Agency Fees cover the successful introduction of one person only. Should the Client at a future time wish to engage another person, a full Engagement Fee will be charged.
12. The Agency endeavours to provide the Client with only the most suitable Candidates and will thoroughly check details such as ID, qualifications, references and CVs . However, the final decision to engage the Candidate is the sole responsibility of the Client and the Client is advised to also check the Candidate’s documentation and references personally and satisfy themselves with the suitability of the Candidate.
13. The Agency does not accept any liability for any kind of inconvenience, clash of personalities, loss, expense or damage of property, or any loss or injury arising and whether caused directly or indirectly from an act of omission of a Candidate introduced by the Agency, even if such an act of omission is negligent, fraudulent or reveals dishonesty. It is the responsibility of the Client to ensure it has appropriate insurance cover.
14. Some Employers may wish the Employee to hold a full driving licence and undertake to drive their charges to school, parties, after school classes etc. Employers should satisfy themselves of the Employee’s competence to undertake this type of duty. Employers are also responsible for seeing that the car is roadworthy, taxed and that the Employee is insured. The Agency cannot accept any responsibility for the car or its occupants, for car accidents of any kind, through negligence or otherwise. Occasionally Employers may wish the Employee to use her own car for driving duties. In these circumstances Employers should make suitable reimbursements to the Employee to cover the cost of fuel used and some contribution towards the wear and tear of the vehicle, servicing costs and insurance.
15. Refund arrangements only apply with regards to permanent engagements in the following circumstances: a) where an Employee withdraws from a position prior to commencement of the engagement and no suitable replacement is found. b) where an Employee leaves a position of her/his own volition within 6 weeks of commencing duties.
16. Refunds are subject to the following conditions:
a) the Client has paid the invoice in full in accordance with clause 5.
b) the Client has notified the Agency by the end of the second day following the departure of the Employee.
c) the reason for the departure of the Employee was not due to unreasonable conditions, or conditions materially different from any stated in the registration form or contract of employment.
17. Subject to the above conditions, refunds may be claimed as follows:
a)where withdrawal by an Employee occurs prior to commencement of employment and no suitable replacement is found (only one free replacement is allowed), the Engagement Fee is refundable in full. 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 sought.
b) withdrawal after less than 2 weeks – 75% of Engagement Fees.
c) withdrawal after less than 3 weeks – 60% of Engagement Fees.
d) withdrawal after less than 4 weeks – 45% of Engagement Fees.
e) withdrawal after less than 5 weeks – 30% of Engagement Fees.
f) withdrawal after less than 6 weeks – 15% of Engagement Fees.
18. Complaints Procedure
In the event that the Client wishes to complain about Coralis Childcare Agency, in the first instance, the complaint should be put in writing to the agency, and every effort made to resolve any situation. If the situation has not been resolved to the Client’s satisfaction, then the letter of complaint will be passed on to the Chair of the ANA (Association of Nanny Agencies) committee, and will be officially investigated.
The Employer and the Agency acknowledge and agree that the terms of this contract shall remain confidential and agree not to disclose, communicate or otherwise make public the same either directly or indirectly through a third party, save the professional advisers and relevant tax authorities, or otherwise as may be required by law.
Furthermore, the parties hereby agree that they will not make, publish, or otherwise communicate any disparaging or derogatory statements, whether verbally, in writing or through any social media source or websites, concerning the other party hereto. Any complaints that may arise from either party will be dealt with in line with Coralis Childcare Agency’s Complaints Procedure. (See clause 18). A failure to adhere to this clause risks the party in breach being subject to legal action by the other.
20. No variation of these Terms and Conditions is valid unless confirmed in writing by the Agency.