Terms
and Conditions of Business
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, 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 Registration Fee which is non refundable
and 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 childcarers,
but acts as an introduction agent of childcarers to its Clients.
Salaries (usually 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 telephone,
e-mail, 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,
although there will be no further Registration Fee.
12. The Agency endeavours to provide the Client
with only the most suitable Candidates and will thoroughly check
details, 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 that 6 weeks – 15% of Engagement
Fees.
18. No variation of the Terms and Conditions
is valid unless confirmed in writing by the Agency. |
