Terms and Conditions

We at Heart Nannies know how important it is to find a nanny that suits your needs. Therefore we provide you with a comprehensive service throughout the entire period of employment, assisting you with issues such as the nanny contract, pay and tax as well as many other issues you may have in relation to your nanny employment.

We do not charge any registration or search fee and only after a position has been offered and accepted will we raise an invoice. Our fees are stated below.

Fees:

Permanent Position:

Full Time (based on 25 hours / week pro rata over year)           £800

Part Time (up to 25 hours / week pro rata over year)                 £500

Temporary Position:                                                                   £15 per day (attendance) 

Charges for temporary placement will be capped at the equivalent permanent fees.

Payment terms are 14 days from the date of invoice with the exception of temporary placements that commence in advance of this. In such situations the invoice will be due for settlement prior to the first day of employment.

No VAT is currently charged.

 

Terms and Conditions Contract:

1.      This Terms and Conditions Contract is between the agency and the family/client.

2.      Acceptance of the Terms and Conditions is agreed by registration with the agency.

3.      The client shall specify any requirements and responsibilities of the nanny in the registration form and the agency will introduce suitable candidates for the role as described by the clients themselves. The Heart Nannies Agency is entitled to vary the relevant placement fee to take account of any additional services requested by the client which were not included in the original registration form.

4.      The client shall notify the agency about any offer made to a candidate. On agreement from the candidate a placement fee, as stated above, will become payable to the agency. Temporary fees will be billed based on the initial placement duration requested and no adjustment will be made in the event of the client reducing this period. Fees not settled in accordance with the Heart Nannies Agency’s Terms and Conditions will incur interest at a rate of 8%.

5.   If the client employs a candidate but does not notify the Heart Nannies Agency within 7 days, the fee payable will be subject to a 50% surcharge. 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 chargeable at the time by the Heart Nannies Agency for the relevant placement.

6.   The client is responsible for providing the successful candidate with an employment contract explaining the working conditions, rights and responsibilities; this is agreed between the client and the candidate. The Heart Nannies Agency can provide a template of employment contract to be used as a guide or point of reference if needed. After the signing of the contract by both parties, the client is obliged to submit a copy to the Heart Nannies Agency. This is in line with The Conduct of Employment Agencies and Employment Business Regulations 2003. The Heart Nannies Agency cannot be held responsible for any losses, injuries or death resulting from the negligence of nannies that are in the direct employment of clients.

7.   The client is the direct employer and is therefore responsible for all the employer obligations.

8.   Whilst all candidates are thoroughly checked by the Heart Nannies Agency it is the responsibility of the client to take up any references, health checks, police checks and qualifications as required and to ensure that all relevant insurances are in place.

9.   The client will not pass on details of any nanny to any third party and the introduction of a candidate to a client by the Heart Nannies Agency, directly or indirectly, is confidential. If the client or anyone associated with the client, passes on an introduction to any other person/persons within six months of the candidate’s introduction to the client by the Heart Nannies Agency, resulting in an employment of the candidate, the client shall be liable for payment of the fee as stated by the Heart Nannies Agency above.

10. Whilst we at Heart Nannies know how important it is to find a suitable nanny, we cannot guarantee the suitability, including characteristics such as reliability, honesty, confidentiality, professionalism and others behaviour, of any candidate introduced to the client by the Heart Nannies Agency.

11.  As permitted by law the Heart Nannies Agency will take no responsibility for any loss, damage, delay, expense or compensation suffered by the client, arising directly or indirectly from an act or omission by any candidate introduced to the client by the Heart Nannies Agency.

12. In the event of your nanny being unable to attend work you can contact Heart Nannies Agency for a temporary replacement if required and we will endeavour to provide you with a temporary nanny for a period of up to one week at no extra cost. You just pay the replacement nanny directly each day.

13. A placement guarantee of 6 months is offered on permanent nannies with effect from the date employment commences. If a placement is terminated, by either party, within this 6 months period then Heart Nannies will, with reasonable endeavours, provide a suitable replacement nanny free of charge within a period of 28 days. This guarantee is only provided on the initial placement. Heart Nannies shall only be obliged to provide to the client 4 candidate profiles for the replacement. Such profiles will be selected based on information originally provided in the client’s registration form, in the event of the clients requirements having changed they should notify Heart Nannies as soon as possible. Heart Nannies accept no liability and is not obliged to offer a replacement or any refund to the extent that the client finds the profiles unacceptable and does not want to engage any of the potential candidates. Temporary nanny placements will be guaranteed for a period of 1 month assuming that the placement is for a minimum of 2 months. In all instances the offer of the guarantee is dependent on the payment of the full corresponding fee on time and providing Heart Nannies with a signed copy of the relevant contract within 30 days of the commencement of employment.

14. In the event that two clients register together with the intention of entering into a nanny sharing arrangement the placement fee will be divided between the two families and both the families will be considered clients under this agreement, subject to the same benefits, duties and obligations. The fee is also divided if a client who already has a nanny approaches Heart Nannies seeking another family. In the event of a client who is seeking a nanny share requests Heart Nannies to source both a nanny and the other family our standard fees will be uplifted by 50% to reflect the additional effort required. The amount payable will continue to be split between both clients. In such situations reference to a client in this agreement will be deemed to include both families. Singular will include the plural and vice versa. The client and the second family shall be jointly and severally liable for any fee payable. In the event that the client or the second family default in payment of their share of any fee payable the agency shall be entitled to recover the outstanding sum from the other party as if that party had always been entirely responsible for the whole agency fee. 

15. If the client uses the agency to gain a temporary nanny whilst a permanent nanny is being sought then the temporary fees will apply. The agency’s fees charged relate to one placement only. Where a candidate is placed on a temporary basis and the candidate’s employment is extended either beyond the original period of placement or the client subsequently re-employ the candidate in any capacity within 12 months from the date of the initial Introduction, the client undertakes to inform the Heart Nannies Agency within 7 days and  is required to pay the difference between the original ‘temporary candidate’ fees charged and the amount that would have been payable had all the offers of work been made as part of the initial agreement.

16. In the event of a part time position (up to 25 hours / week pro rata over year) becoming full time within 6 months of employment commencing the difference between the full time and part time fees at the point of placement will become payable.

17. If a client offers a trial of longer than 1 day to a candidate the trial will be invoiced according to the terms of a temporary placement. In the event of the trial resulting in an offer of permanent employment the difference between the amount already invoiced and the relevant permanent fee will become payable with immediate effect.

 

      If a candidate in permanent employment by a client does not remain in employment longer than four weeks or if the client terminates the employment no longer than six weeks after commencement, the Heart Nannies Agency will provide a partial refund of placement fee if all of the following conditions are met:

- The client paid the Heart Nannies Agency’s placement fee in full within the 14 days of the date of the invoice.

- The client notified the Heart Nannies Agency within 5 days of the candidate’s termination.

- The client has provided the candidate, as well as Heart Nannies Agency, with an employment contract and the working conditions remain as originally agreed.

- The client still intends to utilise some kind of childcare.

- The Heart Nannies Agency was not able to find a suitable replacement to be employed by the client within four weeks commencing from the date of resignation / termination of the original candidate. (Note in the event of the clients requirements changing during this period the 4 week timeframe will reset).

- The client has not mistreated the candidate or discriminated against them in any way.

- The client has not breached the contract of employment between the client and the candidate.

- The candidate was not dismissed by the client other than on just and reasonable grounds.

 

The amount refunded will be based on time elapsed between employment commencing and termination occurring as set out below:

 -if termination occurs within the first 2 weeks - 75%

 -after 2 weeks but before the end of the 4th week - 50%

 -after 4 weeks but before the end of the 6th week - 25%

 No refund will be given where the client retains the services of a candidate, even if client considers the candidate unsatisfactory, and no refund will be given in the event of the client withdrawing their offer of employment to the candidate prior to employment commencing.