Terms of service.

This agreement is between Kindred.Family Ltd. (‘The Agency’) and the Employer (‘The Family’). These terms and conditions represent a legally binding contract between The Family and The Agency.

The verbal or written instruction by the Family to the Agency to submit suitable candidates for contact or interview constitutes acceptance by the Client of these terms and conditions, which are non- negotiable. The term ‘Candidate’ means a Nanny or Person introduced by the Agency.

The Family agrees to notify the Agency within 48 hours if:

- a Candidate introduced through the Agency has been offered employment by the Family

- a Candidate introduced through the Agency has had an employment period extended or re-contracted by the Family

- A Candidate introduced to the Family through the Agency has been introduced to any friend/family/acquaintance of the Family and thereafter offered employment via that introduction.

The Family agrees that any employment arrangement with a Candidate introduced through Kindred.Family Ltd. within 12months of the initial introduction by the Agency, will generate agency fees payable immediately according to these Terms and Conditions of Business.

Fees

Registration fee: There is a non- refundable £120 +VAT search activation fee for all positions registered.

UK Placements: A fee equivalent to 12% of the Candidate’s gross annual salary +VAT will apply. A minimum fee of £2000+VAT is required for all permanent placements.

Overseas Placements (outside UK): A placement fee of £8000 applies to permanent overseas placements regardless of the agreed salary. VAT will be charged when applicable.

Temporary/Babysitting: All temporary or Babysitting bookings within the UK incur a fee of £30+VAT per day. Temporary bookings outside the UK incur a fee of £50+VAT per day.

Unauthorised Hiring: A flat rate fee of £5000+VAT will be applied to any instance where a Candidate introduced by the Agency is hired directly by the Family without notifying the Agency or where a signed Written Statement of Employment including the agreed hours and salary is not provided to the Agency.

Temporary Placements

Any booking for less than 12 weeks total duration is considered a temporary booking.

Temporary Bookings for less than 4 weeks duration are payable in full in order to proceed with the search.
Bookings of 4-12 weeks duration will incur a non-refundable Temporary Search Activation fee of £200+VAT. This amount will be deducted from your final invoice upon placement.

Start and finish dates for temporary bookings are confirmed at point of placement. If a finish date is not confirmed, the booking will be classed as permanent and those fees will be applicable.

If a temporary or babysitting booking is extended in duration beyond the confirmed finish date, the Family is responsible for informing the Agency prior to the extension of the booking and is liable for any additional fees.

If a temporary nanny or babysitter introduced through Kindred.Family Ltd. is offered additional employment, be that babysitting work, temporary nanny work or permanent employment, the Family is responsible for informing the Agency and is liable for any additional fees due. If the Family fails to notify the Agency, the Unauthorised Hiring Fee set out in our clause fee will apply.

Placement fee Payment

Invoices are generated once a Permanent offer of employment has been made and accepted by the Candidate. All permanent placement invoices are payable in order to confirm the Nanny’s placement, and no later than 48hrs prior to the role commencement.

If payment has not been received, the Agency may decide to resume the Nanny’s job search in order to protect the candidate’s best interests.

If a Nanny begins employment before payment has been received, the Agency reserves the right to charge the Family a £100 late penalty on the agreed agency fee.

If payment is more than 2 weeks overdue, the Agency’s Replacement Guarantee will no longer apply to the placement. Unpaid accounts will incur all collection costs.

Cancellations

After an offer of employment has been accepted either verbally or in writing, if the Family cancels the employment giving 30 or more days’ notice (in writing) before the start date of employment, the agency reserves the right to charge 30% of the fee for the work incurred.

If the Family cancels the permanent employment giving 29 days or less notice (in writing) before the start date of employment, the full fee is payable, and one weeks’ salary is payable to the candidate.

If, after a permanent offer of employment has been accepted verbally or in writing, the Nanny withdraws 14 days or more before the start date for reasons outside the Family’s control, the Agency will introduce a replacement candidate free of charge, and the Family will still be entitled to one further free replacement in accordance with these terms and conditions. If the Nanny withdraws less than 14 days before the start date, the Family may request a refund of the fee paid, less an administration fee of 15% of that fee. This refund is an exception to the Agency’s general policy that fees are non-refundable.

After an offer of temporary employment has been confirmed, if the Family cancels all or part of the booking, the fee paid will be forfeit. If less than 48hrs notice of the cancellation is given to the Nanny (in writing), the Family is liable to pay the Nanny the agreed rate for the days booked. If the Nanny cancels the employment before the start date of temporary employment, the Agency offers a full refund minus a 10% administration fee or a Replacement.

Replacement policy

The Agency has a comprehensive and successful replacement procedure, covering the Family for 3 months from the commencement of the Nanny’s employment.

Whilst the Agency makes every reasonable effort to ensure the suitability of Candidates, Families are strongly advised to extensively interview and take up references to their own satisfaction before employing a Candidate. The final decision on the suitability of the Candidate is the sole responsibility of the Family and the Agency cannot guarantee the suitability of a Candidate. The Agency offers no warranty for the character or suitability of a Candidate once an engagement has commenced.

The Agency offers one free replacement Candidate per permanent booking fee paid, providing the following conditions have been met:

a.) The Kindred invoice has been settled in full prior to the commencement of employment.

b.) The existing Candidate has been employed by the Family for a period of less than three months.

(b.1) Should the Family continue to employ the existing Candidate throughout their replacement search but beyond the three-month guarantee period, temporary fees will apply.

c.) As per the Conduct of Employment Agencies Act and Employment Business Regulations 2003 the Family has provided the Nanny and the Agency with a copy of a signed employment agreement specifying the conditions of employment between employee and employer.

d) If the Family has terminated the employment, the Family has carried out a performance review prior to the end of the 3month probation period and has outlined the areas requiring improvement along with clarification of the acceptable level of performance. This review and summary of improvements required has been provided in writing via email to both the Candidate and the Agency on or before the three-month review date.

e.) If the Family has terminated the employment, the Family has followed the disciplinary rules and dismissal procedure included as required by law in the employment agreement.

f) The Candidate has not left the position due to unreasonable demands, a change in the location originally required, breach or change of contract or job description, or verbal or physical abuse.

During the replacement search the Agency agrees to supply no fewer than three Candidate profiles for the Family’s selection.

Replacement candidate profiles will be sent within four weeks of the Candidates’ departure from the position and will be sourced based on the original job offer agreed through the Agency. The replacement search will remain open for a total of eight weeks from the date the first replacement candidate profile is sent.

If the Family request changes to the original job offer resulting in an increased salary offering for a replacement Candidate, the difference in fee will be payable as per the standard payment terms outlined in this contract.

The Agency is dedicated to sourcing suitable replacement candidates and has a very high success rate. However, we accept no liability if the Family deems the replacement Candidate profiles to be unacceptable.

Liability

The Agency is an introduction and booking agency. Candidates are not directly or indirectly employees of the Agency. The Family is the Employer and has final responsibility for ensuring the Candidates’ suitability for the role. Whilst the Agency makes every reasonable effort to ensure the suitability of Candidates, Families are strongly advised to take up references and document checks to their own satisfaction. Once an engagement has commenced the Agency cannot be held responsible for any loss, damage, personal injury, clash of personalities or for any other circumstance that may arise beyond its control and which should be resolved between employer and employee.
Tax

As the Employer the Family is responsible for the administration and payment of the Candidates’ tax, pension and national insurance contributions.

Confidentiality

All introductions made by Kindred.Family are confidential. Families introducing Candidates to third parties or passing on names, addresses, telephone numbers or e-mail details will be liable for the payment of our ‘Unauthorised hiring’ agency fees for any resulting engagement as if the agency had made the introduction, and these Terms and Conditions shall apply accordingly.

General

These Terms and Conditions of Business shall be governed by and construed in all respects in accordance with the laws of England and the Client agrees to submit to the exclusive jurisdiction of the English courts. The Agency reserves the right to change these Terms and Conditions of Business without prior notification.

Public Liability Insurance

The Agency recommends that the Family ensures their Employee has current Public Liability insurance with a minimum limit of £5M.