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Niche Nannies Terms & Conditions of Business 2024

The Terms and Conditions of Business are set out below and constitute an agreement between Niche Nannies Nanny Agency and you, the ‘Client’. No variation of these Terms and Conditions can be made unless confirmed by Niche Nannies Nanny Agency in writing.

A copy of this agreement must be signed and returned via email by you, the ‘Client’. An authorized member of the Niche Nannies management team will verify this agreement and the receipt of the required registration fee, upon which the Client will be fully registered with Niche Nannies for a period of 12 months.

Niche Nannies specializes in placing nannies, maternity nurses, governesses, tutors, and teachers, as well as other household staff such as house managers, private chefs, butlers, personal assistants, and provides consultancy services and guidance to families.

1. Niche Nannies Commitment to the Client

1. Niche Nannies provides services as an introductory agent only. For instance, by arranging an introduction between the Client and the Candidates, which leads to interviews and a permanent or temporary role, the service fees relate to placements.
2. Niche Nannies does not employ any candidates which they introduce, directly or indirectly. Once a candidate is accepted by the Client, the candidate is immediately employed by the Client, unless the candidate is self-employed, which is normally maternity nurses. A standard nanny would not normally be self-employed in the UK and Europe.
3. Niche Nannies will interview candidates, conduct vetting and reference checks, including requiring original qualifications certificates and Criminal Record Checks. Niche Nannies will use reasonable endeavours to introduce ‘perfectly suited’ candidates who it reasonably believes, following appropriate interviews and professional checks, to be of a sound character and recommended professionalism; however, the final decision does rest with the Client. It is the Client’s sole responsibility to satisfy themselves that the candidate is in every way suitable for the offered role. Clients are therefore strongly advised to conduct their own reference checks, including medical history checks, if required, including the reviewing of the candidate’s documentation; e.g., certificates, DBS, or a driving licence directly.
4. Niche Nannies shall use reasonable endeavours to meet the full requirements of the Client and the offered position; however, Niche Nannies is under no obligation to ensure that the Client is introduced to any candidates whatsoever and reserves the right to refuse to provide the Client with any candidate’s details at the agency’s own discretion.
5. Niche Nannies can accept no responsibility for the conduct of any candidate introduced whilst in the Client’s employment. Having decided to interview and employ a candidate, the Client agrees that all decisions were taken by the Client and communicated to Niche Nannies Nanny Agency. The Client therefore agrees that Niche Nannies cannot be held liable in any way for damages, claims, or any consequential loss stemming from the conduct of any candidate/employee introduced.
6. Niche Nannies is under no obligation but can provide a draft contract of employment for guidance purposes. However, in relation to the actual document signed, we cannot provide any legal advice to either party as its contents are an agreement made between the Client and the Candidate only.
7. Niche Nannies does not offer any warranty as to the suitability, honesty, capability, and character of the candidate. It is for the Client to determine the acceptability of any candidate and communicate this to the agency.

2. Commitment of the Client to Niche Nannies

1. The Client agrees to provide Niche Nannies with a full and detailed job description and the exact requirements sought in a candidate, including the offered salary as filled in on the Parents’ registration form. Any requirements specified which are unreasonable (e.g., aesthetics, skin color, etc.) may constitute discrimination in UK law and therefore will not be considered as part of the search criteria. Please take into account that in this event, the agency may, at its own discretion, terminate any searches where a Client persists in discriminatory behavior or unacceptable remarks regarding any candidate files or candidates trialed.
2. Niche Nannies will use the Client’s full description along with the Parents’ registration form to match and help facilitate the matching of the most suitable candidates. The Client agrees that any information provided by the Client will be shared with any potential candidates who may meet the Client's specific requirements.
3. It is the Client’s obligation to immediately inform Niche Nannies if Niche Nannies introduces a candidate whose profile and details have been shared with a third party. In the absence of mitigating information, Niche Nannies will assume that they facilitated the introduction and the relevant fee is applicable.
4. The Client agrees to notify Niche Nannies in writing within 24 hours once an engagement has been accepted by the candidate. The Client also agrees to inform Niche Nannies of the remuneration and the starting date.
5. The Client is responsible for arranging and covering all costs of flight tickets, airport transport, hotel accommodation, as well as visa arrangements (in regards to interviews, trials, etc.) with respect to all international placements. This includes the reasonable cost of all travel to and from the Client. The Client agrees to discuss with the candidate how any incurred costs will be reimbursed to the candidate prior to any arranged travel dates.
6. The Client is responsible for ensuring compliance in all jurisdictions, with all local employment and other relevant legislations and regulations and all taxation obligations including, without limitation; deductions and payments of Income Tax and National Insurance (within the UK) and provision of a pension arrangement as required by law in the UK, as well as all matters pertaining to immigration, work permits, and visas. For all overseas placements, this requirement is the same, ensuring compliance in all countries and jurisdictions.
7. The Client shall provide Niche Nannies with a copy of the work agreement between the candidate and the Client once both parties sign the document. In accordance with the Conduct of Employment Agencies and Employment Business Regulations 2003, Niche Nannies are required to hold a copy of the working agreement between the two parties.
8. The Client is required to keep all candidate profiles introduced by Niche Nannies strictly confidential.
9. The Client is responsible for guaranteeing appropriate full employer liability insurance to cover the employment of any candidate, as required by law.
10. The Client agrees to pay all relevant placement fees relating to the introduction and the placement of a candidate within the time frame of 5 working days.

3. Fees and Payments

1. Invoices will be calculated by Niche Nannies and sent by email directly to the Client. All invoices are in GBP (Pound Sterling) and are payable by the Client via bank transfer within 5 working days of the acceptance of a candidate and not the commencement of any employment. The invoice will reflect the date of the Client informing us they wish to proceed with a candidate. Niche Nannies reserves the right to suspend or cancel a placement if the placement fee has not been paid in full within the agreed and specified time frame. Late payment will also cancel the right for a replacement or a refund as set out in these Terms and Conditions.
2. In regards to national or international placements and trials, the fee is payable prior to the candidate traveling to the placement or destination country. All trials (whether successful or not), temporary placements, and maternity nurse placements will be invoiced based on the actual days worked by the candidate. There is no provision for hours worked, so if a candidate works for 1 hour on any day, Niche Nannies will consider this one worked day. If the Client wishes to extend the original placement (booking period) that was agreed, the Client agrees to inform Niche Nannies immediately, and further invoicing will be applicable.
3. Niche Nannies requires the payment of a registration fee of £150.00 for international placements and £80.00 for placements in the United Kingdom. This amount is payable in advance of any candidate information being supplied to you as the Client.
4. The registration fee is automatically deductible from the full (where referral code has not already been applied) placement fee once a placement has been completed with us. Our full bank details can be found on all of our invoices.
5. As part of completing the registration process, you are required to read, understand, and sign the Niche Nannies Terms and Conditions of Business and pay the registration fee. Please kindly sign, date, and return the final page of this document to agree with our terms.
6. A placement fee equal to 18% (applies to both national and international placements) of the annual salary offered to the candidate is payable on placements once the candidate has accepted the offer of employment. This fee will be invoiced by Niche Nannies and is payable within the specified time frame of 5 working days of receipt of the invoice by the Client. For any placements or contracts that are agreed and signed and for which the Client does not confirm within the designated time frame, the Client will be liable for the full placement fee as per our terms and conditions.
7. For additional support and additional placement needs, an extra £200 per candidate will be charged. This includes any additional services beyond the basic placement.
8. The placement fee is refundable only if a candidate leaves the Client’s employment within the first 6 weeks of placement, in which case a free replacement will be provided, subject to the Client informing Niche Nannies in writing within 5 working days from the date the candidate leaves. After the 6-week period, the Client will not be entitled to any refund or additional placement support.

4. Replacement Policy

1. Niche Nannies offers a free replacement service within 6 weeks of the start date if a candidate leaves the Client’s employment. This only applies if the Client has followed all the terms and conditions as set out in this agreement.
2. In the event of a replacement, Niche Nannies will use all reasonable endeavors to find a suitable replacement candidate as soon as possible, however, no guarantees can be provided regarding the timing of this.
3. There is no provision for a refund of fees if a replacement is requested after the 6-week period has elapsed.

5. Confidentiality and Data Protection

1. Niche Nannies will keep all information received from the Client confidential and will not disclose such information to third parties except where necessary for the purpose of fulfilling the Client’s requirements.
2. The Client agrees to comply with all relevant data protection laws and regulations regarding the handling of personal data of candidates.

6. General

1. This agreement is governed by and construed in accordance with the laws of England and Wales.
2. Any disputes arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
3. Should any provision of this agreement be held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Client Declaration: By signing and returning the final page of this agreement, you confirm that you have read, understood, and agree to the terms and conditions outlined above.