terms & condition
Children Matter Agency will only undertake business on the following Terms and Conditions. Please read this document carefully as it sets out the Terms and Conditions between Children Matter Agency and the employer (the Client) relating to the introduction of temporary and permanent staff (Candidates) to you (the Client) by Children Matter Agency which is a legally binding contract.
1.1 The following expressions shall have the following meanings:
- “Agency” means Children Matter Agency of 26 Somerfield street, London, SE16 2RT.
- “Agency Fee” means the charge made by the Agency to a Client for the Introduction of a Candidate which results in the engagement of a Candidate with a Client.
- “Agreement” means the contract between the Agency and the Client for the provision of the Services incorporating these Terms and Conditions.
- “Candidate” means any nanny, mother’s help, housekeeper, or other child care professional introduced to the Client by the Agency.
- “Client” means any person or family or third party appointed by such people to represent them, who engage the Agency either through written or verbal instruction and request that the Agency introduce the Client to a nanny, to provide childcare services; and “You” and “Your” shall be construed accordingly.
- “Client Registration Form” means the form completed by the Agency and/or Client using details provided by the Client to the Agency.
- “Commencement Date” means the date on which the Candidate’s Engagement with the Client commences.
- “Contract of Employment” means an employment agreement executed between the Client and the Applicant specifying the terms and conditions of employment under which the Applicant agrees to perform childcare and/or educational related duties for the Client in exchange of an agreed salary.
- “Confidential information” means any information concerning Candidate, Client or Agency and relating to its services, or any other information that is expressly deemed ‘Confidential’.
- “Cooling Off Period” means the cancellation period pursuant to statutory legislation of 14 days after the day on which a contract was entered into
- “Data Controller” means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
- “Data Protection Legislation” means (i) the Data Protection Act 2018 or any successor legislation; and (ii) the General Data Protection Regulation ((EU) 2016/679), and (iii) any other directly applicable law or regulation that makes provision about the processing of personal data.
- “Data Subject” means an identified or identifiable natural person about whom Personal Data is Processed; an identifiable natural person is one who can be identified, directly or indirectly, by reference to the Personal Data.
- “DBS Certificate” means the certificate issued for a Disclosure and Barring Service (DBS) Check.
- “DBS Check” means an enhanced Disclosure and Barring Service Check with Children’s Barred List Checks.
- “Engagement” means (i) the employment or use of the Candidate by the Client or by any third party to whom the Client discloses information about the Candidate, on a permanent, temporary or trial basis; and (ii) an agreement between a Client and a Candidate (including the Candidate’s acceptance of the Client’s offer) that the Client will employ the Candidate on a permanent or temporary basis, and such agreement between a Client and a Candidate may be oral or in writing and shall have occurred whether or not a written contract is subsequently entered into; and “Engages” and “Engaged” shall be construed accordingly.
- “Gross Annual Remuneration” means the gross salary (includes the Employee’s National Insurance and Tax contribution) payable to or receivable by the Candidate for work or services rendered to the Client in the first year of Engagement (whether or not the Candidate is Engaged for a year).
- “Instructions” means the instructions provided by a Client, whether orally or in writing, to the Agency to effect Introductions to him / her for obtaining childcare on a permanent or temporary basis.
- “Introduction” means the process of introducing a Candidate(s) by the Agency or a Third Party to the Client by providing a Curriculum Vitae or any other personal information which identifies a Candidate(s). This includes the Candidate being interviewed by the Client or a Third Party either in person, by telephone or via video calling services (e.g. Skype, WhatsApp, FaceTime, etc.); and “Introduce”, “Introduced”, “Introduces” and “Introducing” shall be construed accordingly.
- “Permanent Engagement” means an Engagement where the Candidate is employed directly by the Client for any period of more than 13 consecutive weeks (full-time or part- time) on an ongoing or permanent basis.
- “Role” means the vacancy specified (or otherwise notified by the Client to the Agency) and which may be a Permanent Engagement, a Temporary Engagement, or a fixed-term Vacancy.
- “Services” means the Introduction of a Candidate by the Agency to the Client in the accordance with these Terms and Conditions.
- “Shared Personal Data” means any Personal Data provided by one Party to the other Party for the Agreed Purpose.
- “Temporary Engagement” means an Engagement where the Candidate is employed directly by the Client for any period up to 13 consecutive weeks (full-time or part-time).
- “Terms and Conditions” means the provisions of these terms and conditions as set out in this document for the supply of Services by the Agency to the Client and any subsequent terms and conditions agreed in writing by the Agency.
- “Third Party” means any person who is not the Agency or the Client.
- “Week” means a calendar week and is calculated from Monday to Sunday inclusive.
- “Writing” includes email, SMS and any other electronic transmission.
1.2 The headings in these Terms and Conditions are for convenience only and do not affect the interpretation or construction of the Terms and Conditions of Business.
1.3 Unless the context otherwise requires the provisions of these Terms and Conditions of Business shall be construed as follows:
- 1.3.1 The singular includes the plural and vice versa.
- 1.3.2 The masculine includes the feminine and vice versa.
1.4 If the Client comprises more than one person those persons shall be jointly and severally liable in respect of all obligations and liabilities contained herein.
2. Our Agreement
2.1 The Agreement between the Agency and the Client for the provision of Services shall only come into force when the Agency confirms acceptance of Instructions in writing, either via the transmission of the Client Registration Form, by email or otherwise. In any case, the Client will be sent these Terms & Conditions and be required to confirm receipt. The 14-day Cancellation Period begins on the date on which the Client confirms receipt of the Terms & Conditions.
2.2 By providing Instructions to the Agency, and receiving the terms and conditions, the Client acknowledges and accepts these Conditions. Any and all business is undertaken by the Agency is transacted subject these Conditions.
2.3 These Conditions apply to the Agreement to the exclusion of all other terms and conditions and shall supersede any other documentation or communication between the Client and the Agency.
2.4 Nothing in these Terms and Conditions of Business shall prejudice any condition or warranty, either express or implied, or any legal remedy to which the Agency may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.5 The Client acknowledges that it has not entered into this Agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Agreement.
2.6 Nothing in this Agreement purports to limit or exclude any liability for fraud.
2.7 By providing Instructions to the Agency, and receiving the terms and conditions, the Client acknowledges and accepts these terms. Any and all business is undertaken by the Agency istransacted subject these conditions.
2.8 These Conditions apply to the Agreement to the exclusion of all other terms and conditions and shall supersede any other documentation or communication between the Client and the Agency.
2.9 These Conditions shall apply to both permanent and temporary positions unless otherwise stated.
2.10 The Client acknowledges that he/she understands exactly what is included in the Services and is satisfied that the Services are suitable and satisfactory for his requirements and the Instructions.
3. Responsibilities of the Client
3.1 The Client shall specify in full within their Instructions their exact requirements and provide full details of the type of work and period of employment for which the Candidate is required.
3.2 The Client shall pay the appropriate Agency Fees.
3.3 The Client is responsible for the employment of the Candidate in accordance with current employment legislation, including payment of all wages and expenses and for the procurement of any work permits or medical certificates, if necessary.
3.4 The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability insurance for domestic workers, including child carers, failing which the Client shall take out appropriate employer liability insurance to cover the employment of a Candidate.
3.5 The Agency shall obtain a minimum of two references from each Candidate but it is the responsibility of the Client to satisfy himself as to the suitability of any Candidate, to take up any references provided by the Candidate or the Agency and to make appropriate checks of childcare qualifications or driving qualifications.
3.6 Any correspondence, communication either verbally, written or via email is confidential and the Client agrees not to disclose to third parties.
3.7 All bookings must be made directly between the Client and Agency.
3.8 No bookings are to be made directly with the nanny unless previously agreed with The Agency. Should this obligation be ignored, the nanny is obliged to inform the Agency and the relevant fees will be charged to the Client.
3.9 The Client will notify the agency immediately of any extension of any temporary placement and agrees further placement fees will apply.
3.10 If a Client wishes to employ a specific Candidate originally introduced by the agency on a long term or regular basis, then the agency should be notified in advance.
3.11 The agency requires the Client to provide accurate details of their address, contact details and full name.
3.12 The agency requires the Client to inform the Candidate of any medical conditions, allergies, sickness or disability associated with the children.
3.13 The Client agrees that they are the employer of the nanny – not the agency.
3.14 The Clients that employ a nanny are required to abide by all tax laws declared by the HMRC with regards to taxes and National Insurance contributions.
3.16 Clients should carry adequate household insurance to cover domestic employees in their home.
3.17 The Client agrees that the agency requires our Candidates to be in a safe, warm and friendly environment.
3.18 The Client is responsible for paying all expenses during the Candidates working hours, including but not limited to travel expenses, admission or entrée costs for activities, food and drink and any other childcare related costs that are incurred during the Candidates working hours.
3.19 If the booking runs longer than the original hours booked, the Client agrees to pay the Candidate overtime, rounding up to the nearest 30mins.
3.20 If a Candidate leaves a booking after 11.30pm the Client agrees to pay for a taxi home to ensure the Candidates safe return.
4.1 The Agency is not an employer of Candidates but acts as an introduction agent of Candidates to its Clients.
4.2 The Agency shall use reasonable endeavours to introduce to the Client Candidates which the Agency considers suitable to be employed by the Client as required in the Instructions and to perform the additional Services as further set out in this Clause.
4.3 The Agency shall carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations.
4.4 The Agency will take all reasonable steps to introduce Candidates to the Client who are of sound character, honest and reliable but cannot be held responsible for the conduct of a Candidate either before or during the Client’s employment or engagement of the Candidate.
4.5 The Agency accepts no liability for any loss or damage arising from any negligence, misconduct, dishonesty or lack of skill on the part of the Candidate.
4.6 The Agency does not give any warranty as to the accuracy of the information supplied to them by the Candidate and which is then transferred to the Client. The Agency will inform the client as soon as possible within three months of a Candidate being employed or engaged of any information which subsequently comes to light that suggest they are unsuitable for the role with the Client.
4.7 The Agency will check that each Candidate it proposes to the Client has had an enhanced DBS check which is valid within the past three years. In the event that a Client wishes to have an up to date DBS check on the Candidate or the Candidate does not have a valid DBS check, necessary for the Candidate prior to the commencement of the Candidate’s employment by the Client, the one time payment plan will be sorted out by the Agency to carry out a DBS check on its behalf.
4.8 Time for commencement shall not be of the essence of the Agreement and the Agency shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
4.9 Services provided by Children Matter Agency are; Emergency Nannies, nannies (full time/ part time/ temporary/ permanent), Nanny/housekeepers, babysitters and Mother’s help.
5.1 Permanent placement packages: for the hours required. These fix one of payments must be paid within 7 days to the agency only once the client’s chosen nanny has accepted their offer of employment either verbally or written.
40 + hours – £1,600
< 40 hours – £1300
< 30 hours – £1000
< 20 hours – £750
< 10 hours – £500
5.2 Temporary nannies, babysitters & mothers help is £30.00 per day. If 5-7 consecutive days are booked the fee is capped at £120.00 for the week.
5.3 Temporary bookings are deemed permanent if longer than 13 weeks.
5.4 The full Agency Fees will become payable when a Candidate introduced by the Agency is offered and accepts employment with the Client, either by verbal or written agreement, and not at the commencement of employment.
5.5 The Client agrees to pay all Agency Fees within 7 days of the date of the invoice submitted by the Agency.
5.6 The agency holds the right to withhold start date of the nanny if the agency fee has not been paid.
5.7 If a Candidate is solicited to work for the Client with the intention of bypassing the Agency’s Fees then the Client will be invoiced the fee then chargeable by the Agency for the relevant Placement.
5.8 The client must notify the Agency if a Temporary contract is to be extended. The Agency will revise the fee and the invoice must be paid with immediate effect.
5.9 If the Agency applies a discounted placement fee and the client fails to make full payment by the due date specified on the invoice, then the fee for the un-discounted placement becomes immediately due and payable. The Agency will then raise an invoice for the appropriate un-discounted fee as set out in these Terms and Conditions and is payable immediately.
5.10 The Agency reserves the right to change these terms of business without any prior notification. If a candidate is engaged on a trial basis but the Placement does not become permanent, the fee chargeable is calculated on a temporary basis. Each client is offered the opportunity of employing a candidate on a trial of no more than 2 days free of charge, before temporary or permanent fees will be charged. The Client is responsible for paying the Candidate directly for the Trial Period at the hourly sum agreed between the Client and the Candidate.
6. Guarantee and refunds
6.1 All fees must be paid within 7 days of the date of the invoice submitted by the Agency, which will be issued immediately after the Client has accepted either verbally or in writing a Candidate for employment. If settlement is not received within this time‐scale, the replacement and refund provisions detailed below will not apply. The Agency reserves the right to charge interest on unpaid invoices in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 and any subsequent amendments, calculated from the due date until the date of actual payment. Late payments may also incur a late payment administration charge of twelve pounds for every weekly reminder.
6.2 Should the Candidate fail to take up an Engagement A FULL REFUND WILL BE MADE provided the Client advises the Agency, in writing, within 7 days of the failure. First and foremost the Agency will endeavour to find the client a replacement. Should this not be possible The Agency will provide a full refund.
6.3 The Agency cannot guarantee that the Candidate will complete his or her proposed length of Engagement.
6.4 If the Engagement is lawfully terminated by the Client or Candidate within 8 eight weeks of the date of commencement of a permanent Placement or within the invoiced period of a temporary Placement, the Agency will use all best endeavors to find a suitable replacement Candidate for the Client by reference to the Candidate’s experience and/or qualifications and the Client’s job specification from the date of the Client’s notification to the Agency at no extra cost to the Client. We offer a maximum of 3 replacement candidates.
A refund will only be valid provided that:
- the Client notifies the Agency in writing within 3 days of the termination of Employment.
- the Client allows the Agency to introduce a suitable replacement Candidate to the Client, The Agency is given 14 days to provide this.
- A replacement cannot be found.
- all payments due to the Agency under these terms and conditions have been made by the due date.
- the Client has not failed to carry out any of its obligations under these terms and conditions and current employment legislation.
- the Candidate did not leave due to a change in the job description or a change in the work location, or due to unreasonable working conditions.
- the Placement did not fail as a result of unreasonable demands by the Client.
- the Client has requested that no replacement Candidate be sought.
- the Client has not found a new carer via another source after advising the Agency to look for a replacement Candidate.
- the client has not varied the request for replacement from that of the original specification.
6.5 Temporary placement – If the nanny leaves before the end of the agreed period, a refund is due for the unspent time the client paid for in advance or a replacement will be arranged for free of charge.
7.1 Children Matter Agency acts as an agent for the Client, not as an employer of the nanny Therefore the agency accepts no liability or responsibility for accident, injury, loss, damage or misconduct sustained by Candidates. By employing a nanny or booking a Candidate through the agency, The Client agrees to exclude the agency should any mishap occur.
7.2 The agency endeavours to validate the background of our Candidates. We cannot guarantee that all the information is correct. The agency conducts thorough checks, conducts interviews, and ensures the Candidates hold or in the process of obtaining current first aid, and Candidates carry a current and valid Enhanced DBS check.
7.3 Although the agency has high expectations of our Candidates and we aim to provide you with exceptional Candidates there is still no complete guarantee of reliability, honesty and character of the Candidate provided by the agency. Any concerns, please contact us immediately.
7.4 The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability insurance for domestic workers, including childcare.
7.5 The Agency does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and whether caused directly or indirectly from an act or omission of a Candidate introduced by the Agency. Similarly, no warranty is offered in respect of the suitability, honesty, capability or character of any Candidate introduced by the Agency and employed or contracted by the Client. Candidates are not the employees of the Agency.
7.6 While a Candidate is providing services for a Client from an introduction made by the agency the client undertakes to reimburse The agency fully for all costs, claims, damages, and liabilities whatsoever arising from the Client’s wrongdoing or negligence.
8.1 All communication, whether written or oral and however communicated, shall be confidential between the parties. (Agency and Clients)
8.2 The agency requires the Client to provide accurate details of their address, contact details and full name.
8.3 Clients agree that we may communicate with them by email, text message or phone in relation to any matter concerning bookings made by the Client. Apart from in the course of arranging your childcare provision the agency will keep the client’s email address, phone number and other personal data confidential at all times
9.1 The Client shall indemnify the Agent against all claims, costs and expenses which the Agent may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
10. Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Registration Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.