Terms and Conditions
We would like to thank you for your interest in our agency services!
Our agency is committed to provide the highest quality of service through the placement process:
we are fair, efficient, and transparent, and our goal is to take the hassle out of hiring a nanny, allowing you to focus on finding the right person for your family. We have been finding trusted, qualified, and fully vetted multilingual speaking nannies and home staff for families for the past 15 years and value our close relationships with the families. We hope that you will trust us with your search. Please do not hesitate if you have any questions.
Fanny, Glenny, Shazia, Eva & Oceane.
The Fox & Cubs Team
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SCHEDULE 1: Term & Conditions |
- Recruitment Services
The Agency will:
- Discuss all aspects of the role before advertising the vacancy and be available throughout the placement process to discuss the vacancy, provide feedback from interviews and trials,
- Use reasonable endeavours to introduce suitable candidates to the client and submit profiles of candidates suitable for the search. If the client wants to interview candidates, the agency will arrange interviews and subsequent trials;
- Help the client with their formal employment offer to the candidate, including providing a template contract agreement and introducing the client to nanny tax providers.
- Supply to the Client copies of any relevant candidate’s documentation (such as qualifications or authorizations, and any non-confidential references held by the Agency, except where the Agency is not permitted to obtain, verify or disclose them).
- Fees
- We are happy to offer you Free client registrations:we can start the search as early as after our initial phone call, as soon as you sign these terms.
- The placement fees are due only once a candidate is confirmed by the Client, by a verbal or written offer.
- The placement fee is a one-off fee – valid for the entire placement (it is not a recurring yearly fee). You can work with the candidate for as long as you like.
- Our fee is an industry standard percentage of the total first year’s gross salary, based on 52 weeks.
- VAT is applied
- Please note that our minimum placement fees are £1500 + VAT
- We OFFER at no extra cost:
- Registration fees
- Organisation of trials
- Salary negotiations & Contract help
- Advice on employment issues
- Nanny tax calculations
- Training for all our nannies via exclusive webinars with experts
- All our returning clients for whom we have found a nanny before benefit of 10% off
- Childcare Permanent Services Fees (UK)
- Full time placements (above 30 hours per week): 14%
- Part time / Weekend placements (up to 30 hours per week): 17%
- Rota / Governess placements: 15%
- Maternity Nurses: £40 per day
- Membership fee for on call ad hoc nanny: £1500 per year
- Housekeeper permanent Service Fees (UK)
- Full time Housekeepers or Nanny/Housekeepers: 15%
- Part time Housekeepers or Nanny/Housekeepers: 17%
- Other Domestic Staff Service Fees (UK)
- PAs / House managers: 15%
- Butler / Chef/ Chauffeurs: 15%
- International Service Fees (Non UK)
- Overseas / Travel placements: 20%
- Overseas Temporary staff from 1 – 12 weeks – £50 per day
- Temporary Fees
- Temporary staff from 1 – 12 weeks – £40 per day
- Temporary staff over 12 weeks: 20% of the annual candidate salary over the temporary period
- Replacement
- We understand that sometimes there might be a need to find a replacement. If a placement is not working out within the first 4 months after starting employment with the Client, the Agency will look for a replacement, provided that:
- the Client informs the Agency in writing within two days of the termination of the employment.
- The client has paid the placement Fee without delays.
- the Client has not materially changed the job description, added responsibilities or duties, changed the work schedule, reduced the salary or changed the employment location of the position.
- The client has not tried to hire the Candidate directly.
- The Client has not mistreated the Candidate; and
- The Client is not in breach of any UK employment laws.
- If the Client Re-engages the Candidate within twelve months of the Introduction, the Client will repay any rebated payment to the Agency.
- If the salary for the candidate chosen for the replacement is higher than the initial candidate salary, an invoice will be raised for the difference in fees due to the Agency
- We understand that sometimes there might be a need to find a replacement. If a placement is not working out within the first 4 months after starting employment with the Client, the Agency will look for a replacement, provided that:
- Payments
- The invoice for placement fee will be issued and due when a Candidate accepts an offer from the Client, and not when the Candidate starts the role. The Client must notify the Agency immediately upon the candidate’s acceptance (whether verbally or in writing).
- The payment of the placement fee will be made by the Client to the Agency within 7 calendar days of the date of the Agency’s invoice unless the candidate’s start date is sooner. – In this case, the placement fee needs to be paid before the candidate starts. If the Client does not make the payment within 7 days, the Agency will be entitled to charge 25% additional of the invoice fee.
- The placement fee applies to one engagement only. If the Client hires additional candidates introduced by the Agency, a further placement fee will apply.
- The placement fee is for the introduction of Candidates only and do not include any salary due to any Candidate. Unless the Candidate is genuinely self-employed, it is the Client’s responsibility to account for any tax and National Insurance contributions attributable to the Candidate.
- If the Client withdraws an offer less than three weeks before the employment start date, a cancellation fee of 50% of the placement fee will apply.
- If, following a Candidate’s unsuccessful application to the Client via the Agency, either:
- the Client, without notifying the Agency, engages that Candidate in any capacity within twelve months of the Agency’s having Introduced a Candidate to the Client, or
- the Client or the Client’s employee, agent or subcontractor refers or Introduces that Candidate to a third party, including an Affiliate of the Client, and that third party Engages the Candidate in any capacity within twelve months of the Agency’s having Introduced a Candidate to the Client,
then the Client will be liable for a placement fee
- In the event where a Candidate has started a Placement with the Client before the Client has settled the placement fee, and if the Candidate or the Client decides to end the contract, the Client is still liable to pay temporary fees for the period.
- The Client will inform the Agency if it increases the hours worked by the Candidate within the first twelve months. The Agency will regard the increased hours as those on which to base the calculation of the placement fee and will submit a further invoice for the additional fee payable by the Client.
- If more than one agency submits details of the same Candidate to the Client, the agency which first submitted the details will be deemed to have Introduced the Candidate to the Client and will be liable to the placement fees. The Client agrees to inform the Agency immediately if a Candidate Introduced by the Agency has already been Introduced by a third party or if the Client has already been in contact with a Candidate through online platforms.
- Obligations and acknowledgments
- The Client will be deemed to have accepted and agreed to these Terms and Conditions (which will prevail over any other terms and conditions put forward by the Client), when the Client, or a third party acting on the Client’s behalf, interviews or engages a Candidate; in any capacity, even if a signed copy hasn’t been received.
- The Client authorises the Agency to act on the Client’s behalf and advertise that position in order to introduce candidates.
- The Agency will supply to the Client copies of any relevant candidate’s documentation (qualifications or authorisations and any non-confidential references in the Agency’s possession, except where the Agency is not permitted to obtain, verify or disclose them), such as Right to work, DBS, First Aid, Proof of ID, References, Childcare diplomas, etc. The Client is the final employer of the Candidate and will need to satisfy itself as to the suitability of any Candidate for the vacancy for which the Candidate has been Introduced.
- If the Agency has not been able to obtain and/or check some of the documents by the time the Client is starting an Employment contract with the Candidate, the Agency will inform the Client of this and will use reasonable endeavours to collect the documents as quickly as possible.
- By agreeing to Engage or make use of a Candidate in any way, the Client will be liable for the placement Fee.
- If the Client effectively Introduces any Candidate to any third party, whether directly or indirectly, including any Affiliate of the Client, and that Introduction results in an Engagement of the Candidate by that third party, the Client will:
- immediately notify the Engagement to the Agency; and
- pay to the Agency a placement Fee unless the Engagement occurs more than twelve months after the Introduction of the Candidate to the Client by the Agency, or the date of the Candidate’s last interview with the Client, whichever is the later.
- The Client undertakes not to employ or seek to employ any member of the Agency’s staff. If any member of the Agency’s staff nevertheless accepts an Engagement within twelve months of leaving the Agency’s employment, the Client will pay a placement Fee to the Agency as if that member of staff had been Introduced to the Client by the Agency.
- The Client confirms that it is not aware of anything which will cause a detriment to the interests of the Candidate or the Client if it Engages that Candidate to fill a vacancy; and will inform the Agency immediately if it becomes aware of any circumstances which would render such Engagement detrimental to the interests of the Candidate or the Client.
- If the Client is to lend money to the Candidate to meet travel or other expenses required for a trial, the Client will notify the Agency. However, neither the Agency nor any of its staff will be liable for the repayment of any loan from the Client to the Candidate.
We look forward to working with you and finding the right candidate for your family!
The Fox & Cubs Team
ANNEXES: Generic Term & Conditions
- Confidentiality
- All Introductions are confidential. All work undertaken by the Agency for the Client in respect of the Introduction of a Candidate to the Client will be for the private and confidential use of the Client only and should not be reproduced in whole or in part or relied upon by third parties for any use whatsoever, without the express written authority of the Agency. The obligations in this clause will survive termination of this Agreement.
- The obligations set out in this Clause will not apply to any information that:
- was known to or in the possession of the Receiving Party before it was provided to the Receiving Party by the Supplying Party;
- is, or becomes, publicly available through no fault of the Receiving Party;
- is provided to the Receiving Party without restriction on disclosure by a third party who did not breach any confidentiality obligations by making such a disclosure;
- was developed by the Receiving Party, or on its behalf by a third party who had no direct access to, or use or knowledge of the confidential information supplied by the Supplying Party; or
- is required to be disclosed by order of a court of competent jurisdiction.
- Data protection
The parties will comply with their respective obligations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, or other applicable data protection legislation.
The only time the Agency would share your data is following a placement, where the Client name and email address will be shared with with Nannytax. You are not obliged at all to go through them for your tax registrations.
- Warranties, liability, and indemnities
- The Agency confirms that, in Introducing any Candidate to the Client, it is not aware of anything which will cause any detriment to the interests of that Candidate or the Client if the Client Engages the Candidate to fill a vacancy.
- The Agency will not be liable for any loss, injury, damage, expense or delay arising from or in any way connected with any failure of the Candidate to meet the Client’s requirements for all or any of the purposes for which the Candidate is required by the Client; any act or omission of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; or any loss, injury, damage, expense or delay suffered by a Candidate.
- To the extent permitted under applicable law, the liability of the Agency under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever will not exceed the placement Fee(s) paid or due to be paid by the Client to the Agency under this Agreement.
- General & Applicable laws
- Without prejudice to the other remedies or rights a Party may have, either Party may terminate this Agreement, at any time, taking effect on written notice to the other Party. If there were any outstanding placement fees, the Client will pay for all Recruitment Services provided up to the date of termination.
- This Agreement contains the whole agreement between the Parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. No amendment or variation of this Agreement will be valid unless confirmed as agreed, in writing, by an authorised signatory of each Party. An email from the Agency will be deemed acceptable.
- The validity, construction and performance of this Agreement is be governed by English law and will be subject to the [non-]exclusive jurisdiction of the English courts to which the Parties submit.
- Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
- A Party may, assign and transfer all its rights and obligations under this Agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the other Party to be bound by the obligations of the assignor under this Agreement.
- For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
- Any formal notice to be given under this Agreement must be in writing and signed by or on behalf of the party giving it
- It must be sent in the case of the Agency, Fanny Di Domenicantonio, fanny@french-nanny.com; as well as by post to 14 Barnard Road, Sw11 1QS London; and in the case of the Client to the last postal and/or email address to which the Agency has sent correspondence to the Client.
- It will be deemed to have been received if delivered personally, at the time of delivery; if sent by post, 48 hours from the date of posting or, in the case of posting to or from a place outside the United Kingdom, seven days from the date of posting; and if sent by email, at the time at which an electronic confirmation of delivery or email delivery receipt has been obtained or received by the party sending the email.
- Definitions & Interpretations
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“Agency“ |
means D2S Concept Limited, a company registered in England and Wales under company registration number 08053507, and whose registered office is at 14 Barnard Road, SW11 1QS |
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“Agreement“ |
means the Agreement containing these Terms and Conditions; |
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“Candidate“ |
means a person Introduced by the Agency to the Client to be considered for an Engagement; |
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“Claims“ |
means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise); |
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“Client“ |
means any person, firm or company who approaches the Agency with a view to Engaging or otherwise employing a Candidate, or any person, firm or company to whom a Candidate is Introduced by the Agency; |
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“Commencement Date“ |
means the earlier of signing of these terms and conditions by the parties or any of the acts in clause 1; |
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“Engage(s) (or Engagement or Engaged)“ |
means the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and/or whether on a permanent, temporary or other basis, of a Candidate by or on behalf of the Client, and ‘Re-engages’ is to be interpreted accordingly; |
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“Introduce (or Introduction)“ |
means the provision to the Client of a curriculum vitae or any other details, whether written or oral, of a Candidate, whether or not the Client had knowledge of that Candidate before the Introduction; |
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“Placement Fee“ |
means the placement Fee calculated according to the section 2 of this agreement. |
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“Losses“ |
means all losses including, without limitation, financial losses, damages, legal costs and other expenses of any nature whatsoever; |
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“Party (or Parties)“ |
means the Agency and the Client, and Party will mean either one of them; |
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“Recruitment Services“ |
means conducting searches for Candidates for vacancies that the Client has notified to the Agency and Introduction of them to the Client by the Agency; |