These terms and conditions are the contract between Sharon T L Bastien, trading as Flying Tots (the “Agency” “we”, “our”, and ” us”) and any person, firm or corporation who approaches the Agency to Engage a Nanny or to whom a Nanny introduced by the Agency (the “Client” or “you”).
Each a “Party” and together being “Parties.”
The Agency is acting as an employment or recruitment agency.
By visiting or using www.flyingtots.co.uk or otherwise using employment agency services of the Agency, the Client agrees to be bound by these terms.
It is agreed as follows:
- Definitions
In this agreement, the following words shall have the following meanings unless the context requires otherwise:
“Agreement” means this contract between us and you, the Client, to supply childcare services under these terms.
“Confidential Information” means all personal and business information about the parties to this agreement. It includes, among other things: information about Nannies, their performance and their personal contact information; data or information relating to suppliers, product plans, finance, implementation, operations, customer relationships, customer profiles, sales estimates, business plans, businesses, and business methods.
“Engagement” means the recruitment, hire or other use, directly or indirectly, whether under a contract of service, contract for services, a permanent, fixed-term, temporary or another basis, of a Nanny, on behalf of the Client, whether or not that contract is in writing.
“Nanny, or Nannies” means a person introduced by the Agency to the Client to be considered for the engagement.
“Placement Fee” means one off-fee payable to the Agency by the Client for the Engagement of the Nanny prior to the employment.
“Permanent Engagement” means an engagement for more than 12 consecutive weeks (full-time or part-time).
“Registration” means registering for our services for the employment of a nanny.
“Temporary Engagement” means an Engagement for up to 12 consecutive weeks (full-time or part-time) except for a Maternity Nurse or Specialist Consultant who is self-employed and may undertake more extended periods with the Client.
“Fixed Term” means engagement with a fixed end date more than 12 weeks after the start date.
“Services” means providing a range of childcare and household staff recruitment, whereby a Client is introduced to one or more Nannies to work for the Client as a nanny, mother’s help, or other childcare professional or household staff.
2. Interpretation
In this agreement, unless the context clearly requires otherwise:
2.1. A reference to a person includes a human individual, a corporate entity and any organisation managed or controlled as a unit.
2.2. A reference to one gender shall include any or all genders. A reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2.3. If any Party to this agreement comprises more than one person, all obligations of# that party shall be construed as joint and several.
2.4. A reference to a person includes reference to that person’s successors, legal representatives, permitted assigns, and any person to whom rights and obligations are transferred or passed due to a merger, division, reconstruction, or other re-organisation involving that person.
2.5. A reference to a “Month” means a calendar month, “Week” means 7 consecutive days, and “Day” means 24 hours.
2.6. A reference in this agreement to any document or text is a reference to that document when the contract is made. We reserve the right to change any such document without notice, and if we do, the version that applies is the version that existed when this contract was made.
2.7. Any agreement by either party not to do or omit something includes an obligation not to allow another person to do or forget to do that same thing.
2.8. Headings to the paragraphs and schedules to this agreement are inserted for convenience only and do not affect the interpretation.
2.9. A reference to an act or regulation includes new law of substantially the same intent as the referred act or regulation.
2.10. This agreement is made only in the English language. Suppose there is any conflict in meaning between the English version and any version or translation of this agreement in other languages. In that case, the English language version shall prevail. If a version of this agreement has been supplied to the Client in some different language, that is a courtesy only, and that translated version has no legal effect.
3. Relationship of Parties
3.1. Nothing in this agreement shall create a partnership, Agency, or relationship between an employer, employee, or other parties other than the contractual relationship expressly provided in this agreement.
3.2. Neither Party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf, except the services the terms of which are agreed in this agreement.
3.3. The Agency warrants that it has all necessary authority to perform its obligations set out in this agreement.
4. Basis of Contract
4.1. This agreement establishes the contractual terms and conditions between the Agency and any Client.
4.2. This agreement, together with schedules, contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
4.3. You acknowledge that you understand what is included precisely in our services and you are satisfied that the Services are suitable and satisfactory for your needs and requirement.
4.4. The Agency is not party to any transaction or contract between the Client and a Nanny and is not an agent in law for any person.
4.5. The Agency is an Employment Agency and, as such, is an intermediary which introduces Nannies to prospective clients and vice versa. The Agency has no part, contractual or otherwise, in any arrangement between the Client and the nanny.
4.6. The Client agrees that the work description and other information provided, or at any future time, will be delivered to the Agency is accurate and complete.
4.7. The Client agrees that the Agency can use any medium to find suitable Nannies, including advertising vacancies on the internet to provide the Services.
4.8. Each Party acknowledges that, in entering into this agreement, the party does not rely on any representation, warranty, information, document, or other terms not forming part of this agreement.
4.9. Nothing in this contract shall prevent the Agency from entering a similar arrangement with any other person.
4.10. The Client agrees not to enter into any relationship with the nanny that is detrimental to the Agency’s interest during the agreement or within one year from the termination date.
4.11. This agreement shall not take effect until the first of any of the following happens:
4.11.1 the Client gives verbal or written instruction to the Agency to submit suitable Nannies for any position;
4.11.2 the Client submits a completed Registration Form on the website www.flyingtots.co.uk to the Agency, or the Agency will send a copy of the form to the Client’s e-mail address from info@flyingtots.co.uk if provided whether that form is signed or unsigned by the Client or the Client’s agent (whichever first occurs);
4.11.3 the Client interviews or engages a Nanny under any terms.
4.12. The Agency may change this agreement or the way it provides the Services by obtaining an agreement from the Client; the Agency shall inform the Client of the changes by e-mail and confirm the amendments in writing, stating the date such modifications will take effect. If it does so:
4.12.1 the change will take effect when the Agency posts it on www.flyingtots.co.uk
4.12.2 the parties will continue to be bound by the terms of the agreement in respect of work contracted to the date of the change.
4.12.3 any new instruction by the Client will be subject to the new terms.
4.13. This agreement applies whether or not the Client engages the nanny for the same type of work or vacancy initially specified to the Agency.
5. Fee and Payment
5.1. The Client agrees to pay for the Services at rates set and notifies the Client by the Agency at registration.
5.2. Before entering into an Engagement, the Client may request that a particular Nanny work for one or more days on a trial basis (‘Trial Day’) to enable the Client and the Nanny to assess their mutual suitability. There is no contractual obligation on either the Client or the nanny to undertake this arrangement or continue, and no payment will be due to the nanny. The Client shall pay the Agency the ‘Trial Day Fee as notified at the time of registration and may make an ex-gratia (by favour) payment to the nanny.
5.3. The full fee amount is payable to the Agency at the time agreement is entered by the contract, whether oral or in writing. The Client must notify and confirm to the Agency of the agreement.
5.4. If the Client agrees in writing to conduct his search for suitable staff solely through the Agency, and does so, then the fee will be reduced as notified to the Client at the time of registration.
5.5. Where the Nanny engaged on a Temporary Engagement leaves the Client’s employment within an invoiced period, The Agency reserves the right to refund any payment for each week not worked. This provision is conditional on the Client having complied fully with this agreement, and no refund will be given when the Client cancels or reduces the duration of the placement.
5.6. Payment is due by the Client within seven days of the date of any invoice, or if the nanny starts work before the end of the 7-day period, the Agency fee is due before the nanny starts work.
5.7. The Agency reserves the right to charge the Client interest in respect of the late payment under the Late Payment of Commercial Debts (Interest) Act 1998 on any sum due under this agreement, calculated and cumulated monthly, at the rate of 5% per annum above the base rate from the due date until the date of payment. In addition, the Agency reserves the right to reclaim any costs incurred due to chasing payment.
5.8. Payment shall be made in pounds Sterling only as the Agency specifies.
5.9. Any subsequent reduction of the nanny’s remuneration after the job offer is made and accepted will not reduce the fee. All increases to salary within three months of the job commencement will be subject to a further additional fee.
5.10. Any subsequent reduction of the Temporary Nanny engaged days or weeks after the job offer is made and accepted will not reduce the fee. All additional engaged days and weeks will be subject to a further payment being charged, including the permanent fee where the nanny becomes a permanent employee of the Client.
5.11. The Agency may calculate the salary and dates worked where the nanny’s remuneration and dates worked are unknown or not disclosed. The fee will be based on the Agency’s estimated dates worked and remuneration
6. Cancellation
We may terminate this agreement at any time, giving you five (5) days’ notice for our convenience. If, and only if, the Client is a consumer, then the Client may cancel this contract subject to the following terms:
6.1. this contract does not exist for law purposes until the Client agrees to these terms set in subparagraph 4.11 above via www.flyingtots.co.uk. And the Agency agreed to provide the Services.
6.2. whether the Client paid money to the Agency at that time relevant to the start of contract or his right to cancel.
6.3. the Client may cancel this contract within 14 days of entering it. Accordingly, the Agency is under no obligation to start work until after the expiry of those 14 days.
6.4. if you require us to begin the service within the cancellation period, we require you to make an express request to do so. In such cases, your right to cancel continues until either the end of the cancellation period or the completion of services, whichever is earlier. If you cancel during the cancellation period, we may charge you a fee for any services provided until we receive your cancellation notice and offer a partial and proportionate refund accordingly. Your right to cancel the service will no longer apply once the services have been entirely performed.
6.5. the Client may cancel this contract in compliance with these terms within 14 days, the deposit paid to the Agency will be non-refundable upon such cancellation.
6.6. should you wish to cancel, you can use the Cancellation Template in Schedule 3 to notify the Agency by e-mail.
7. Our Obligations
7.1. The Agency agrees to offer copies of relevant documents to the Client. If copies
of relevant documents are unavailable, the Agency will inform the Client about the
steps taken to obtain the relevant copies. The following will be offered where
available to the Client;
7.1.1 status of two references and one character reference;
7.1.2 status of original DBS certificate;
7.1.3 status of training, qualifications, and authorisations required to do the work.
7.1.4 status of nanny insurance.
7.2. Where the Client requires the nanny to have a new DBS certificate, training certificate, or registration with Ofsted, the Agency will undertake to instruct the nanny to obtain these
8. Your Responsibilities
The Client agrees to satisfy himself as to the suitability of a Nanny, and the Client must:
8.1. take up references, including the confirmation of any professional, academic, or other qualifications;
8.2. ensure that the nanny can operate equipment or machinery to the necessary level, including driving vehicles;
8.3. check the nanny’s right to work and obtain any visa or permit necessary to enable the nanny to accept the engagement;
8.4. obtain any necessary medical certificate; nanny insurance.
8.5. reimburse the nanny for travelling expenses for the interview at the Client’s discretion;
8.6. inform the Agency immediately if a Nanny introduced by the Agency has already been introduced by another source, including directly by the nanny, recruitment agency, website platform, and any third party. If the Client fails to inform the Agency immediately and engagement ensues, the Client shall pay the fee to the Agency;
8.7. not discriminate against any nanny based on information relating to the nanny:
8.7.1 racial or ethnic origin;
8.7.2 political beliefs;
8.7.3 philosophical or religious beliefs;
8.7.4 membership in a trade union;
8.7.5 sex life or gender.
8.8. inform the Agency immediately if you, the Client, engage a nanny, giving details of remuneration, start date and end date, and whether the engagement is permanent, fixed-term or Temporary.
8.9. ensure the type of work in which the nanny is to be engaged is as described by the Client on the client registration form.
8.10. notify the Agency immediately if the nanny accepts an engagement and pay the fee, which becomes due upon such engagement.
8.11. provide suitable accommodation to the nanny, including, without exception, a private bedroom for exclusive use.
8.12. comply with UK employment and tax law, including, among others: provision of a contract of employment, payslips, correct deductions for tax and national insurance, and any pension contributions
8.13. inform the Agency immediately, in writing, in the event of profound dissatisfaction with the performance or conduct of the nanny.
8.14 upon engagement with the nanny, hold and maintain Employers Liability Insurance as detailed within the Employers’ Liability (Compulsory Insurance) Act 1969.
8.15. You will ensure that the emergency contact details of your next of kin are readily available to the nanny in the family home.
8.16. A Nanny’s allocation process will repeat if you do not assign the designated nanny. The allocation process may take at least six-eight weeks as the nanny’s availability is set by the respective nanny.
8.17. Before the arranged Nanny meeting, you will complete registration and provide
all relevant health and safety child information documents.
8.18. You agree that we cannot warrant the character, honesty, and usefulness of any nanny placed with you.
8.19. You agree to reimburse reasonable expenses incurred by the nanny during work or duty travel.
9. Safety and insurance
You warrant that you:
9.1. hold and will maintain appropriate insurances and, in particular, occupier’s liability insurance against risks of events which could reasonably be expected to cause injury, loss or damage to the nanny;
9.2. will provide a safe place of work wherever the nanny may need to work;
9.3. will ensure that the place of work is clean and hygienic and complies with appropriate health and safety laws;
9.4. have made arrangements with relevant third parties, statutory authorities and any other relevant authority for permissions, licences and the like for the work to be undertaken after engagement.
10. Replacement Nanny
These provisions apply in the event that a Permanent Engagement is terminated, whether by the Client or Nanny, before the completion of four weeks.
10.1. The Agency does not provide a replacement Nanny unless the Client fulfils the following conditions:
10.1.1 you have informed us, in writing, within three days of the termination;
10.1.2 you have paid the fee in accordance with these terms
10.1.3 the requirements of the position under the information provided to us have not
changed, including the working conditions, the job description and the location.
10.1.4 you are not in breach of any UK employment law and or contract with the
nanny;
10.1.5 you have not directly retained the services of that nanny;
10.1.6 you are looking for a new nanny, and you have given a minimum period of
four weeks to the Agency to find a replacement Nanny;
10.1.7 you have not contacted any other employment agency, candidate finder
website, source, or such other place to find a new applicant;
10.2. If we agree that you have fulfilled the conditions set out in last previous subparagraphs, then we shall provide a replacement Nanny in the following terms:
10.2.1 we will run its search for up to three months after the Client has notification of termination.
10.2.2 we shall provide up to three (3) Nannies’ profiles to the Client.
10.2.3 After the engagement of one of the replacement Nannies, the Agency shall have no further obligation to the Client
11. Confidentiality
11.1. In this paragraph, “Damage” means economic loss, loss of, or damage to, reputation, or professional standing.
11.2. Each Party to this contract now undertakes for the benefit of the other that he will not:
11.2.1 divulge to any person whatever or make use of any Confidential Information relating to the other, which you, the Client, learns as a result of this contract or any circumstance flowing from the agreement;
11.2.2 post any text, image, or audio-visual material, on any social network or other public place which could be hurtful, embarrassing or damaging to the other party.
11.3. Any damage from the parties agree in arising directly or indirectly, foreseeable, or not, from a breach of the above provisions must be compensated based on the effect on the damaged party.
11.4. The Client accepts personal liability for compliance with these provisions by other family members and staff members.
11.5. No matter how this contract ends, this paragraph shall be effective for five years from this agreement’s termination date.
12. Disclaimers and Limitation of Liability
12.1. This paragraph applies so far as the applicable law allows and states the entire liability of the Agency.
12.2. All implied conditions, warranties and terms are excluded from this agreement.
12.3. In providing the Services, the Agency is committed to maintaining a high level of service and efficiency. However, the service is dependent upon the accuracy of information supplied by the Client and the Nanny, which is beyond the Agency’s control. Therefore any decision on the suitability and the engagement of a nanny is at the Client’s sole discretion. The Agency does not accept responsibility and cannot be held liable for any loss.
12.4. The Agency shall not be liable to the Client for loss arising from or in connection with representation agreements, statements or undertakings made prior to the date of this agreement.
12.5. The Agency shall not be liable to the Client for any loss or expense, which is:
12.5.1 indirect or consequential loss; or
12.5.2 economic loss or other loss of turnover, profits, business or goodwill; or
12.5.3 loss or damage suffered by the Client due to an action brought by the third party.
12.5.4 loss or damage caused during the engagement of the nanny or any act, omission or negligence of such nanny. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
12.6. Particulars of Nannies, their profiles and other information provided by the Agency are prepared in good faith and solely for the Client’s guidance.
12.7. Except in the case of fraud or the death or personal injury of some person, the maximum limit of the liability of the Agency to the Client, whether in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the sum of the amount received under one Client order.
13. Termination
13.1. The Agency may terminate this agreement at any time, for any reason, with immediate effect by sending three days’ notice to that effect.
13.2. This paragraph’s termination of this agreement shall be without prejudice to any other right or remedy to which a party may be entitled.
13.3. There shall be no reimbursement or credit if the Agency decides in its absolute discretion that the Client has failed to comply with the terms of this agreement.
13.4. Notwithstanding termination of this agreement for whatever reason, all the provisions intended to operate or have effect after termination or expiration shall continue in full force and effect.
13.5. The Client agrees that the Client will not, during this agreement and within one year of its termination, by any means nor any other person, directly or indirectly, advise, instruct, do, or assist in any activity, the effect of which is to compete with the
Agency.
14. Indemnity
You agree to indemnify the Agency against all costs, claims and expenses arising
directly or indirectly from:
14.1. your breach of this agreement.
14.2. any act, neglect, or default by your agents, employees, or contractors.
15. General
15.1. So far as any time, date or period is mentioned in this agreement, payment time shall be essential.
15.2. Force majeure. Neither party shall breach this agreement nor be liable for delay in performing or failure to perform its obligations under this agreement if such delay or failure results from events, circumstances, or causes beyond its reasonable control. If the delay or non-performance continues for fifteen (15) days, the party not affected may terminate this agreement by giving the affected party ten (10) days
written notice.
15.3. If any jurisdiction holds any term or provision of this agreement to be void, invalid or unenforceable, it shall be treated as changed or reduced. It is only minimally necessary to bring it within the laws of that jurisdiction and prevent it from being void, and it shall be binding in that changed or reduced form. Each provision shall be interpreted as severable and shall not affect any of these terms.
15.4. General Data Protection Regulation 2018, the client consents to processing all or any personal data (in manual, electronic or any other form) relevant to this agreement by the Agency or any agent or third party nominated by the Agency bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and the transfer of data to any country either
inside or outside of the United Kingdom.
15.5. Any obligation in this agreement intended to have effect after termination or completion shall so continue.
15.6. No failure or delay by any Party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
15.7. Neither Party shall be liable for any failure or delay in performance of this agreement caused by circumstances beyond its reasonable control, including any labour dispute between a Party and its employees.
15.8. Communication is to be served on either party by the other shall be sent via recorded delivery or e-mail
To us: info@flyingtots.co.uk
To you: to the e-mail address you provided at the time of registration
It shall be deemed to have been delivered: if sent by post to the correct address: within 72 hours of posting;
If sent via e-mail to the address from which the receiving party last sent an e-mail, within 24 hours if the sender has received no notice of non-receipt.
15.9. In the event of a dispute between parties to this agreement, parties attempt to settle the dispute by engaging in good faith with the other in a mediation process before commencing arbitration or litigation.
15.9.1. If the Client has any questions or concerns about this agreement, they should let the Agency know as soon as possible. The Client may follow the Agency Complaints procedure, available from the Agency or the agency website.
15.10. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement that excludes or restricts any person’s liability that may enforce under that act.
15.11. Suppose there is any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body. In that case, the terms of this agreement shall prevail.
15.12. The laws of England and Wales shall govern this agreement’s validity, construction, and performance. You agree that any dispute arising from it shall be litigated only in England and Wales
SCHEDULES
Schedule 1: Payment Structure
An invoice for your placement fee will be issued to you. An introductory part payment of £60 from your total placement fee is required prior to starting the process, and this amount is non-refundable.
You must notify Flying Tots of any dispute three days after submitting an invoice.
You must pay all undisputed items in an invoice made pending the resolution of the matter.
1. Seven Days Prior to Nanny Start Date: The Client must pay the outstanding balance seven days before the nanny’s first day of employment. Or should there be an agreed payment of a maximum of three-monthly instalments, ‘a Standing Order’ with your bank account must be in place and reach Flying Tots account by the 1st of each month, or the date stated. Should the nanny be terminated from employment or resign within the stated period, the agreed standing order ‘must’ be paid regardless.
If you fail to pay an invoice on time, we reserve the right to claim interest on any overdue amount at the statutory rate plus the Bank of England base rate from the due date until the date payment from our bank account is received.
2. Day Seven After Nanny Start Date:
Send a gentle reminder e-mail referring to the interest provision from the contract reminding them that interest is accruing and that prompt payment is now due.
If there is still no payment, contact the Client via telephone to find out if there is a
problem.
3. Day Fourteen: Send a firm letter to remind the Client that payment is overdue.
4. Day Twenty-One: Send the Client a formal letter demanding prompt payment and instruct that Flying Tots will take legal action if payment is not resolved immediately.
5. Day Thirty:
Send a letter of formal action.
6. Day Thirty-one+: Proceed with claims court
