Terms and Conditions – Emergency Childcare - Coronavirus

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

2.3  Invoice details shall include; dates and services provided

2.4  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  Clients will be able to cancel their emergency childcare booking with no minimum notice and Freckles will be happy to reschedule the booking for a future date

4.2  There are no time constraints on re-bookings and can therefore be used whenever suits the Client

 

5       Independent Contractor

5.1  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.