Bonjour Nanny Agency Ltd Terms and Conditions of Business
In these Terms and Conditions of Business the following expressions shall be given the following meanings:
'Agency': Bonjour Nanny Agency Ltd (T/A Bonjour Nanny International) incorporated in England and Wales under company registration number 10755042 and whose registered office is 90 Brixton Hill, London, United Kingdom, SW2 1QN.
'Candidate': means a person Introduced by the Agency to the Client to be considered for an Engagement.
'Client': means the hirer being any person, firm or company including any affiliate of that person, firm or company, to whom the Candidate may be introduced.
'Engagement': means the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and/or whether on a permanent, temporary or other basis, of a Candidate by or on behalf of the Client.
'Introduction' or 'Introduce': means the provision to a Client of a Candidate’s details, curriculum vitae or any other contact information, whether written or oral, of a Candidate.
'Introduction Fee': means the Introduction Fee calculated according to Schedule 1.
'Client Registration Form': means the instructions and information provided by the Client setting out, amongst other things, the Client’s details and requirements for childcare or other staff whether submitted online, orally or in writing via email.
'Overseas Engagement': means positions which require the Candidate to work outside of the United Kingdom.
2. The Contract
These Terms and Conditions of Business and the attached Schedule are non-negotiable and constitute the contract between the Agency and the Client and are deemed to be accepted by the Client by virtue of an Introduction to, or the Engagement of a Candidate or upon the passing of any information about the Candidate to the Client following an Introduction.
3. Introduction of Candidates
(a) Bonjour Nanny Agency Ltd (‘Agency’) acts as an agent to introduce suitable Candidates to work as nannies, maternity nurses, governesses and private tutors (‘Candidate’) for its clients (‘Client’). The Agency does not employ any of the Candidates, directly or indirectly. Candidates are introduced to Clients on the basis that they will be employed by Clients unless Candidates are self-employed.
(b) When requesting the Agency to Introduce Candidates for a vacancy, the Client will complete the Client Registration Form and provide to the Agency the following information:
copies of their passport and recent utility bills (not more than three months old) showing the Client’s home address before the Candidate may be interviewed by the Client.
(c) By requesting the Agency to Introduce Candidates for a vacancy, the Client authorises the Agency to advertise such a vacancy.
(d) The Client must notify the Agency, verbally or in writing, as soon as an offer of employment has been made and accepted by the Candidate. Details including date of commencement, length of Engagement and agreed net weekly salary should be disclosed.
4. Administration Fees
Before any introduction of Candidates, the Agency requires the payment of a non-refundable Administration Fee calculated according to Schedule 1.
5. Introduction Fees
(a) The Fee charged for the Introduction of any Candidate for an Engagement is applicable for one Engagement only.. If a Candidate subsequently rejoins the Client at any time in the future, the Client undertakes to inform the Agency and to pay the relevant Introduction Fee again. The Introduction Fee will be calculated as set out in Schedule 1.
(b) The Client will notify the Agency if a Candidate initially placed for Temporary Position remains with the Client longer than the period originally agreed upon with the Agency and/or the Engagement becomes a Permanent Position. The Client shall then be required to pay to the Agency any difference between the Introduction Fee paid and the Introduction Fee that would have been due for the equivalent Permanent Position calculated in accordance with Schedule 1. Engagements are considered to be temporary up to 12-weeks.
(c) Bookings are confirmed on payment of invoice, payments can be made by bank transfer within seven days of invoice date or in any case before a Candidate commences their placement. The Agency reserves the right to cancel an Engagement if the agency fee has not been paid in full within this specified time frame. Late payment cancels the right for a replacement or a refund.
(d) For overseas Engagement the Introduction Fee shall be payable seven days before a Candidate travels to commence the Engagement. The Client acknowledges that the Candidate shall not make any travel arrangements until the Introduction Fee has been paid and received in full.
(e) Fees relating to a maternity nurse placement are due from the original booking date to the end of the placement. In case of premature birth and the maternity nurse starting her booking earlier, an additional fee will be due.
(f) All Introduction Fees quoted are exclusive of V.A.T., Candidate’s salary and other chargeable expenses of the Candidate and/or the Agency.
Where a Candidate is required for a trial period, the Candidate shall be paid directly by the Client.
7. Unsuccessful Applications
If, following a Candidate’s unsuccessful application to a Client via the Agency either:
The Client, without notifying the Agency, Engages that Candidate in any capacity within 36 months of the Agency's having Introduced a Candidate to the Client, or the Client or the Client’s family, employee, agent or subcontractor refers or Introduces that Candidate to a third party, including an affiliate of the Client, and that third party Engages the Candidate in any capacity within 36 months of the Agency having Introduced a Candidate to the Client, then the Client will be liable for an Introduction Fee as set out in Schedule 1.
(a) In case of cancellation of any Engagement by the Client prior to the commencement of the Candidate's position and/or after an invoice has been issued, 50% of the agency fee remains payable to the Agency. Should the cancellation occur two weeks or less prior to the commencement date, the full agency fee remains payable by the Client.
9. Refund Policy
A guarantee period for permanent placements covers the first eight weeks of employment. Refunds are granted in the following circumstances:
(a) A full refund is available if a Candidate fails to take up her employment.
(b) A refund will be granted when a Candidate for a permanent position leaves her employment within eight weeks from the commencement and no suitable replacement is found within two months of notification to the Agency. We will take the weeks worked into consideration on a temporary fee basis and reimburse the difference between the permanent and the temporary fee.
(c) No refund will be granted if the Client does not request a replacement.
(d) A refund will be granted when a Candidate for a temporary position leaves before the agreed end of the placement and if the Agency does not find a suitable replacement. In such an event, weeks not worked will be reimbursed to the Client.
(e) If a suitable replacement Candidate, with relevant experience for the position and of a similar profile is found and not accepted by the Client, no refund will be granted.
(f) A refund will be granted only if the working conditions and original specification of the position have not changed.
(g) A refund will only be granted if the Candidate’s departure is due to unprofessional conduct on her part and not due to a change in personal circumstances of the Client.
(h) All instances of termination of employment where a refund is claimed must be notified in writing to the Agency within three days of the termination of the employment. No claim for refund can be entertained by the Agency where payment has not been received in full by the Agency within 7 days of the invoice date, and in any case prior to the commencement date of the Candidate’s position.
10. Confidentiality & Suitability
(a) Clients must not disclose any information pertaining to any Candidates to third parties. The personal details of Candidates shall be kept strictly confidential. Any breach of this which results in the employment of a Candidate by a third party renders the Client liable for full payment of the Agency’s Introduction Fee, plus a 50% penalty surcharge. as well as any legal expenses incurred.
(b) The Agency uses its reasonable endeavours to establish the suitability of any Candidate for introduction to the Client. However, all responsibility for ascertaining the suitability of any Applicant for the Engagement remains with the Client. The Agency does not accept under any circumstances and excludes liability for any loss, damage, expenses incurred or suffered by the Client allegedly arising from the acts of the Candidate introduced by the Agency.
(a) All immigration formalities, tax & social security payments, contracts and medical cover are the sole responsibility of the Client.
(b) The Client agrees to reimburse reasonable travel expenses incurred by the Applicant attending interviews and travel expenses related to starting and finishing the position.
(c) No variations to these Terms and Conditions of Business, either expressed or complied, may be made without the written consent of the Director of the Agency.
(d) 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.
SCHEDULE 1: FEE STRUCTURE
• Administration Fees
• Permanents UK Engagements
19% of the Candidate's annual salary
• Temporary UK Engagements
Nanny, Governess, Private Tutor £70.00 per day. Minimum booking four weeks, maximum booking 12 consecutive weeks.
Maternity Nurse £200.00 per week. Minimum booking: 12 consecutive four weeks.
• Permanents Overseas Engagements
25% of the Candidate's annual salary
• Temporary Overseas Engagements
Nanny, Governess, Private Tutor £100.00 per day. Minimum booking: four weeks, maximum booking 12 consecutive weeks.
Maternity Nurse £250.00 per week. Minimum booking: 12 consecutive weeks.
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