Terms and Conditions – Temporary Placement (up to 12 weeks)

Recitals

WHEREAS the Client requests that the Agency provides the Client with professional, skilled and appropriate labour in the general fields of childcare and housekeeping within the Client's home environment, in the form of a Kaya Nanny (the Kaya Nanny); and  

WHEREAS the Agency is able and willing to provide the services as requested by the Client;  

The Agency and the Client hereby agree to the following terms:  

Terms

1       Services

1.1  The Agency provides a service in the form of the Kaya Nanny whose main duty is to take responsibility for the children’s safety and well-being. Tasks are completely Client dependant. They may include but are no means limited to the following; childcare, pet sitting and light housekeeping.

1.2  The Agency agrees that the charges will not exceed the rates established in this agreement.

1.3  The Agency agrees that the fee covers all charges for the finding, screening and placement of the Kaya Nanny.

1.4  All Kaya Nanny employment/engagement decisions lie with the Client.  

2       Fees

2.1  The Client will be charged the following booking fee:

• £30 per day (bookings greater than 5 hours)

• £22 per day (bookings less than or equal to 5 hours)

• 20% discount applied to the booking fee on bookings of 5 or more

2.2  If the Client requires a booking greater than 6 weeks in length, they will be charged a £300 non-refundable engagement fee to initiate the search. This will be deducted from the fee due on successful placement of a temporary nanny.

2.3  All payments must be made within seven (7) days of issue or prior to the commencement of the booking, whichever occurs soonest.

2.4  If the Client exceeds the seven (7) day payment terms, then an additional 5% charge will be added for each week the payment is late. If the Client hasn’t paid the invoice at least 24 hours prior to the start of the booking, then the Kaya Nanny will be suspended from starting until full payment is received.

2.5  Invoice details shall include; dates and services provided

2.6  If the Client is introduced to a temporary Kaya Nanny and chooses not to engage them through the Agency but then engages the Kaya Nanny directly, either on a permanent or temporary basis, within 12 months of the Agency introducing them, the Client will be subject to paying either the placement fee in full (8 x the Kaya Nanny’s weekly salary) for permanent placements or £30 per day for any temporary bookings made, for the introduction of the engaged Kaya Nanny.

3       Confidentiality

3.1  All introductions of the Kaya Nanny, by the Agency, and their details shall remain confidential and must not be passed indirectly to any third parties.

3.2  All information and knowledge that the Agency may receive from the Client shall be kept in strict confidence and shall not be directly or indirectly disclosed by the Agency to any individual without written consent of the Client.  

4       Cancellation of bookings

4.1  If a Kaya Nanny is confirmed in writing as booked, and the Client cancels the booking or part of the booking less than 48 hours before the booking is due to commence, the Client will be liable to pay the placement fee (£25 per day) plus a nominal charge of £30 per day, which will go to the Kaya Nanny, for each day of the cancelled booking.

4.2  The Agency will invoice the Client for any cancelled bookings and will arrange payment to the Kaya Nanny directly.

4.3  The invoice will have 7-day payment terms.

4.4  All fees and charges are subject to VAT.  

5       Termination

5.1  This Agreement may be terminated upon the death or incapacitation of any person supplied by the Agency to the Client if that individual was necessary for the Agency’s specific performance hereof.

5.2  The Agency or the Client may also terminate this Agreement at any time for any justifiable reason upon written consent of both parties.

5.3  Agreement termination shall not release the Agency from its responsibilities of confidentiality and indemnity as set forth in this Agreement.

5.4   If the Client terminates the engagement, or reaches the end of the agreed temporary placement, with the Kaya Nanny through the Agency but proceeds to engage the Kaya Nanny directly, either on a permanent or temporary basis, within 12 months of the engagement terminating through the Agency, then the Client will be subject to paying either the placement fee in full (8 x the Kaya Nanny’s weekly salary) for permanent placements or £25 per day for any temporary bookings made, for the introduction of the engaged Kaya Nanny.  

6       Independent Contractor

6.1  The Agency shall be considered neither an agent nor an employee of The Client, but rather, shall be an independent contractor. The Agency therefore has no authority under which to enter any type of agreement on behalf of The Client.  

7      Suitability of the Kaya Nanny

7.1  Whilst the Agency endeavours to personally assess the suitability of the Kaya Nanny through the comprehensive application process, checking three references and obtaining an Enhanced DBS check, it is the Clients responsibility to satisfy themselves as to the suitability of the Kaya Nanny for the engagement.

7.2  The Agency does not accept any responsibility or liability for any loss, damage, expense delay or personality clashes resulting from the Clients engagement of the Kaya Nanny, nor do they give any guarantee concerning the suitability of the Kaya Nanny. It is up to the Client to satisfy them in this respect.

7.3  The Agency does not accept any legal responsibility for false information that may be supplied by the Kaya Nanny.  

8      Governing Law

8.1  This agreement will be governed by and interpreted in accordance with English Law. The Client and the Agency agree to submit to the exclusive jurisdiction of the English Courts and Tribunals in relation to any claim or matter arising in connection with this contract.