Hummingbird Terms and Conditions
The Hummingbird Nannies’ Terms and Conditions of Business are a legally binding Contract between the Employer or Client, herein after to be called the 'Client' and Hummingbird Nannies herein after to be called 'the Agency'.
Interviewing a candidate or the offer of employment to a candidate put forward by Hummingbird Nannies will be deemed as acceptance of these terms and conditions.
'Client' shall include any person, parent, member of the family or third Party appointed by such person, parent or member of the family who wishes to employ the Candidate.
'Candidate' shall include any person to whom the agency introduces to the Client as being available for work or hire.
'Services' means the introduction of a Candidate by the Agency to the Client in accordance with this agreement.
'Introduction' means the Client interviewing a Candidate in person or by telephone or other means and or receiving from the Agency by email, fax, telephone, post or other means a candidates details, Curriculum Vitae or other personal information.
'Placement' means an agreement between the Client and the Candidate that the Client shall employ or use the services of the Candidate. This Agreement may be oral or in writing (whichever is earlier) but will be confirmed in writing
'Engagement fee' means the fee payable to the Agency, as calculated from its published fee structure, by the Client in respect of any engagement, employment or use of the Candidate by the Client or third party on a Permanent or Temporary basis, whether or not a written contract is subsequently entered into.
The provisions of these Terms and Conditions of Business shall, unless the context otherwise requires, be construed as follows:
- Obligations and liabilities of the Client comprising more than one person are obligations and liabilities of such persons jointly and severally. Words importing one gender include all other genders. The singular includes the plural and vice versa.
- Headings to clauses of these Terms and Conditions of Business are there for convenience and do not affect the interpretation or construction of these Terms and Conditions of Business.
- Permanent placements - once the Client has had an offer of employment accepted by a Candidate introduced by Hummingbird Nannies, 100% of the engagement fee will be invoiced. Payment is due strictly within 7 days of the invoice date to qualify for the 8 week replacement policy.
- The 8 week replacement period commences on the Candidates start date.
- A surcharge of 15% is added to any unpaid engagement fees not settled in accordance with clause 1 above.
- The Agency accepts payment by bank transfer.
- The Agency fees are non–refundable.
- Temporary placements and maternity placements – payment is due on confirmation of the booking and must be received before the commencement of employment.
BOOKING THE CANDIDATE
- All bookings of Candidates introduced by or through the Agency must be made with or through the Agency. If a Candidate is solicited to work for the Client with the intention of bypassing the Agency's engagement fees the Client will be invoiced the applicable fee chargeable by the Agency for the relevant placement.
- The Client must immediately notify the Agency when the Client engages a Candidate supplied by the Agency. As a result of such an engagement, the Client agrees to pay the Engagement fee as outlined in these Terms and Conditions of Business.
- Should a Candidate fail to commence employment the Agency will use their best endeavours to find a suitable replacement.
- Clients wishing to engage, reengage, retain or extend the services of Candidates in any capacity, whether paid or unpaid that were introduced to them by the Agency must re-book through the Agency not directly with the Candidate/Employee. The Agency’s applicable engagement fees will be charged for the period that the Candidate is retained. The payment terms as outlined in clause 1 shall apply.
- A PERMANENT booking is deemed satisfactory after 8 weeks and thereafter the replacement policy will no longer apply.
- A TEMPORARY booking is deemed satisfactory after 2 days unless the Agency is notified to the contrary within the first 2 days from the start of the Temporary Employment. In the event that the Candidate cancels the booking prior to or during their employment, the Agency will endeavour to find a suitable replacement. If a replacement cannot be found, a refund for the weeks booked but not fulfilled will be provided.
- A replacement is conditional and will only apply if the Client has settled the invoice in full as outlined in clause 1 provided that:
- The Candidate has left/has given notice to leave the Clients employment within 8 weeks of their employment commencing.
- The Client notifies the Agency IN WRITING within 2 days of the termination of employment.
- The Client does not change significantly any of the original requirements for the placement.
- The Candidate has not terminated his/her employment due to mistreatment, unreasonable conditions, or conditions materially different from those stated when the vacancy was registered with the Agency or as outlined in the contract of employment.
- The Client still intends to hire a suitable candidate to fulfil their requirements for childcare.
- Neither the Client nor any subsidiary or associated Company of the Client shall engage the Applicant within 24 months from the date of termination of engagement.
- Clients retaining the services of an employee beyond the first eight week refund period, however unsatisfactory, paid or unpaid will receive no replacement or refund.
- No replacement service or refund will be applicable if the Client has failed to honour a previously agreed start date, or has prevaricated over the date to such an extent that the Candidate has sought employment elsewhere.
- The Client will no longer be eligible for a free replacement after the first Candidate has been replaced.
- Should a candidate start the position immediately after the offer has been made and accepted either verbally or in writing the full fee will be due on the first working day. There will be no 7 day invoicing terms.
- Should the agreed placement be cancelled at any pint by the client before the start date then 80% of the full fee will be due. The Agency and the candidate will need to be notified in writing that the placement is cancelled.
- These Terms and Conditions of Business between the Agency and the Client are deemed to be accepted by the Client if a Candidate introduced by the Agency is interviewed by the Client or the Candidate commences employment with the Client introduced by the Agency.
- Introductions of Candidates are strictly confidential and are not to be passed on by the Client to any other person. The passing on of an introduction to another employer, which results in an engagement of the Candidate, renders the Client liable for full payment of the engagement fee.
- It is the obligation of the Client to inform the Agency if a Candidate introduced by the Agency has already been introduced by a third party. If the client fails to notify the Agency, then it will be presumed that the introduction has been made by the Agency and the applicable engagement fee will become payable.
- The Client acknowledges that the Agency provides an introductory service only between Clients and Candidates. The Agency does not directly or indirectly employ Candidates. Candidates are introduced to Clients on the basis that they will be employed by the Client unless the Candidate is self-employed. Employees shall be under the supervision, direction and control of the Client.
- The Client is responsible for paying the agreed salary net of Income Tax and National Insurance liabilities directly to the Employee (or the bank of their choice) and for arranging all work permits/immigration requirements, health insurance where applicable or other approvals necessary for the Candidate prior to the commencement of employment.
- The Client is responsible for paying any liabilities for Income Tax and National Insurance and the completion of any returns required by any Statutory Authority that occur directly or indirectly from the engagement of any Employee introduced by the Agency.
- The Agency provides an introductory service only and is not responsible for providing the contract of employment between the Client and Candidate. These are to be arranged directly between the Client and the Candidate. The Agency can provide a specimen contract of employment to be used only as a guide for the Client.
- The Agency will endeavour to introduce only reliable Candidates but the Agency cannot under any circumstances accept responsibility or liability whatsoever for the acts and omissions of Candidates introduced or for any loss, expense or damage arising from any reason there from.
- No responsibility or liability whatsoever can be accepted by the Agency, its Proprietor, employees, agents or associates for any costs, claims, demands, damages, losses, expenses or liabilities whatsoever and howsoever caused to the Client or their property arising from any introduction or booking affected or attempted by or through the Agency, any warranty and/or representation concerning the history, character, age, capability or suitability of Candidates introduced or booked. Whilst the Agency endeavours to personally interview Candidates and check references, it is the Client’s responsibility to satisfy themselves as to the suitability of the Candidate for engagement.
- The Agency is unable to give and does not give and there is not to be taken as implied, any warranty and/or representation that any Employee is or will in fact be available to fulfil a booking made by or through the Agency for their introduction to the Client or that they will in fact be available to fulfil any employment offered by the Client.
- The Agency's engagement fee will be payable by the Client in accordance with clause 1 whether the Employee is satisfactory or unsatisfactory.
- The Agency reserves the right to change these Terms and Conditions of Business without prior notification.
- If any provision of these Terms and Conditions of Business is held by any court or other competent authority to be void or unenforceable in whole or part, the other provisions of these Terms and Condition of Business and the remainder of the affected provisions shall continue to be valid.
- 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.
- These Terms and Conditions of Business supersede any previous agreements, arrangements, documents or other undertaking either written or oral.