Nanny and Housekeeper Terms and Conditions

If you have any queries or questions regarding the terms and conditions, then please do not hesitate to speak either to Filipino Staff Limited direct on 020 3573 3420

1. Contract

1.1 Nanny and Housekeeper is a trading style of Filipino Staff LTD. These terms and conditions shall represent a legally binding contract between the client or employer (the “Client”) and Filipino Staff LTD (the “Agency”). The verbal/ written instruction by the Client to the Agency to submit suitable Candidates for contact or interview or arrangement of interviews shall constitute acceptance by the Client of these terms and conditions. The term “Candidate” means a person introduced by the Agency. The Agency is acting as an employment/ recruitment agency.

1.2 As the process of providing these services starts as soon as the Client contacts the Agency, the Client agrees to waive their right to cancel the service within 7 days (“the cooling off period”), as defined under the Consumer Protection (Distance Selling) Regulations 2000.

2. Fees

2.1 All relevant fees accompany these terms and conditions or are notified to the Client at the time of registration or in our company presentation , and where applicable are subject to VAT. Fees are payable by the Client on the acceptance, either verbally or in writing, by a Candidate of a position/ job with the Client. It is the responsibility of the Client to notify the Agency if a Candidate has been offered employment. Fees, at the current rate of the Agency’s charges, or as otherwise agreed, are payable as agreed and shown on the invoice submitted by the Agency, or if the Candidate starts prior to the issuance of an invoice, the amount of the invoice will become due immediately upon issue. The Agency reserves the right to charge the Client a 25% surcharge on all accounts not settled within the agreed period or as stated on the invoice immediately upon issue payable within seven days and in addition to re-claim any costs (including debt collector’s fees) incurred as a result of chasing for payment.

2.2 Permanent fees are due in respect of each Candidate being offered and accepting a position with the Client and are based on the position offered and the salary to be paid to the Candidate.

2.3 Re-engagement or extension of employment: if a Candidate returns to a Client at a future date (whether for a temporary, permanent or babysitting position) or if a temporary engagement is extended then the appropriate additional fee shall become payable. In the case of a Candidate returning to a Client, this fee shall be the current full fee chargeable by the Agency for the relevant position, and in the case of a temporary engagement being extended, the fee shall be the difference between the fee actually charged and the fee that would have been charged if the Candidate had been engaged for the whole period. The Client agrees to notify the Agency of a re-engagement or extension of a temporary engagement, but the fee will be charged if the Client fails to notify the Agency.

2.4 In the case of part time positions, if the Candidate is asked to work longer hours, then an additional fee will be charged which will be the difference between the fee actually charged and the fee that would have been charged if the Candidate had been initially engaged for those longer hours.

2.5  we have a minimum agency fee of £395 plus VAT.

3. Payment

3.1 Payment by credit card will incur a fee of 3% on top of the relevant Agency fee. If the Agency takes credit card details at the time of registration, the Client’s credit card will not be charged until the due date as stated on the invoice. If that is the case, then the Agency will deduct the placement fee from the credit card details supplied.

3.2 The “Agency” does not hold or store any Credit/Debit Card details on file.

3.3 If payment is received any later than seven days after an invoice has been served the replacement policy becomes null and void.

4. Confidential Information

4.1 All communication, whether written or oral and however communicated, shall be confidential between the parties. Should the Client pass on any information including, inter alia, details of Candidates, or recommend a Candidate to a third party resulting in a booking of permanent temporary or part time Nanny/ Housekeeper/ Carer or childcare employment then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.

5. Introduction of a Candidate, and other than through the Agency

5.1 It is the obligation of the Client to immediately inform the Agency when a Candidate is introduced by the Agency who has already been introduced by a third party or has been viewed or contacted through a website or advert. If the Client does not so inform the Agency, and the Agency has already worked on the matching of the Client and Candidate, or if the Agency continues to work on the matching of the Candidate to the Client, then it will be presumed that the introduction has been effected by the Agency and the relevant fee will become payable if the Candidate is subsequently engaged by the Client. If an existing employee that was introduced through the agency, introduces a third party, fees will be payable to the agency at a rate of the initial introduction made to the client.

6. Liability

6.1 The Agency endeavor’s to provide the Client with only the most suitable Candidates. However the Client must satisfy itself as to the suitability of the Candidate prior to making an offer to the Candidate, by checking references and passport or visas. 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 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 by the Client. Candidates are not the employees of the Agency. The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability insurance for domestic workers, housekeepers, cares, including childcare’s or nanny’s. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence, all checks on a applicant must be done by the client and no liability is taken by the agency the client has produced or formulated false documents or references. The agency except no liability in relation to a DBS check, if a candidate does not have an up-to-date DBS check it is down to the client to request the same.

7. Refund and Replacement Policy

7.1 We do not offer a refund policy

7.2 If a Candidate (who has been offered and has accepted a position with a Client) either does not start employment or leaves within 6 months of starting employment with the Client, then one free replacement will be provided, subject to the following conditions:

(a) the Agency is informed by the Client within 2 days of the termination of the employment.

(b) the relevant fee has been settled in full in line with the due date stated on the invoice, or if the Candidate started before the issuance of an invoice, the fee was paid as agreed or stated on the invoice.

If the invoices was paid any later than seven days after receiving the invoice the replacement policy is null and void.

(c) the booking has been cancelled by the Candidate because of unreasonable demands by the Client; or unreasonable working conditions; or a change in the job description; or a change in location; or a breach of the employment contract by the Client (whether signed or not) or employment regulations (including pay and working hours) .

7.3 If the Client changes their mind and does not go ahead with a placement (where a Candidate has been offered employment and has accepted), then the full relevant fee is still payable, even if no employment contracts have been signed. In addition the Client is expected to pay the Candidate 1 week’s pay.

7.4 Once one free replacement has been found, there are no further replacements offered.

7.5 In the event that a free replacement is not excepted no refund will be given.

7.6 No refund will be given where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory, and no replacement will be given where the Client withdraws their offer of employment to the Candidate.

7.7 In the incidents that a client employs an applicant on a temporary basis and this placement later leads to a full-time placement the company will deduct up to £1,000 of the money paid for the temporary placement against any fee payable to the company for a full-time placement.

7.8 If an applicant is engaged/ contacted by the client after being introduced to the applicant either to work for the Client or if the client has recommended the candidate to a friend or other family member whether on a temporary, full or part-time basis fees will be due to the company at the rate of the initial introduction.

7.9 We offer a complimentary one day trial with any potential candidate. Trials or to be paid by the employer directly to the applicant at the expected salary rate.

7.91 trials in excess of one day will result in a fee payable 25% of the salary, to be the ducted of the agency fee upon the job offer being made and accepted.

8. General

8.1 This contract shall be construed in accordance with and governed by the laws of England and Wales and the Client agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.

8.2 The salaries discussed verbally or on a invoice from the Agency are NET salaries. The Client is legally responsible for their employee’s Tax and National insurance payments and for providing detailed pay slips, as well as any pension contributions that are required to be made by U.K. law. The Client should also issue the appropriate contract to the employee before then beginning work.

8.3 Data Protection: The Agency may from time to time contact the Client about special offers and new products/ services, unless the Client has told the Agency that they do not wish to receive any such communication.