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Terms & Conditions for Nurseries

For nurseries using our Staff Recruitment service

A. For Supply of Temporary Nursery Staff

1. These terms and conditions shall represent a legally binding contract between the nursery, parent or company (the "Client") and the Tinies childcare agency ("Tinies"). All variations shall be agreed between the parties and supplied in writing. The verbal or written instruction by the Client to Tinies to submit suitable childcarers for work or for contact or for interview shall constitute acceptance by the Client of these terms and conditions. The term "Childcarer" means a person whose services are supplied by Tinies to the Client for temporary work ("the Assignment"). When supplying a childcarer on an Assignment, Tinies are acting as an employment business and supplying the Childcarer under Terms of Engagement.

2. The Client agrees to pay the hourly charges of Tinies. The charges are calculated according to the number of hours worked by the Childcarer (to the nearest quarter of an hour). The charges are comprised mainly of the Childcarer's remuneration and income tax, but also include Tinies' commission, employee and employer's national insurance contributions and provision for holidays. Fees are set out in the temporary rates schedule submitted with these terms, or as advised at the time of the booking, and maybe changed from time to time. Tinies reserves the right to pay a refund in accordance with the refund schedule, subject to the Client having paid its invoice within 14 days. All charges are subject to VAT.

3. Fees are payable within 14 days from the date of the weekly invoice submitted by Tinies and fees are due in respect of each Childcarer taking up a position with the Client or as otherwise set out herein. Tinies reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period and in addition to re-claim any costs (incluing debt collector's fees) incurred as a result of chasing for payment.

4. The Client agrees to verify and sign Tinies' timesheets for each Childcarer. Signature of such timesheets by the Client constitutes acceptance that the Childcarer has worked satisfactorily for the hours indicated on the timesheet. Failure to sign the timesheets does not alter the Client's liability to pay for hours worked.

5. The direct employment or use of the Childcarer by the Client on a permanent or temporary basis, whether under a contract for services, an employment contract or any other engagement ("the Engagement") renders the Client subject to the payment of a permanent placement fee as per Tinies fees accompanying these terms, or, where the Assignment turns to a permanent Engagement of the Candidate, at a fee calculated in accordance with the accompanying scale of fees for temp to permanent introductions, subject to Clause 6 below.

6. Temporary to permanent rates are charged in accordance with statutory regulations. Where a Client wishes to employ a Childcarer who was introduced under an Assignment, then the Client will be liable to either a fee set out in the temporary to permanent rate schedule or to paying for an extended period of hire of 10 weeks at the hourly charges stated in Clause 2 above. Temporary to permanent rates are chargeable either within 8 weeks from the date of the end of the Assignment or within 14 weeks from the start of the first Assignment, whichever is later.

7. Childcarers are engaged by Tinies under terms of engagement. Childcarers are deemed to be under the supervision, direction, care and control of the Client from the moment they report to the Client or enter the Client's premises. The Client agrees to be responsible for all acts, errors or omissions of the Childcarer, whether wilful, negligent or otherwise as though he was on the payroll of the Client. The Client will comply in all respects with all statutes including the Working Time Regulations, all by laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client's own staff, including in particular the provision of adequate Employer's and Public Liability Insurance cover.

8. The Client shall indemnify and keep indemnified Tinies against any costs, claims or liabilities incurred by Tinies arising out of any claim by the Childcarer in relation to an assignment with the Client, or arising out of any claim relating to an assignment by the Childcarer with the Client.

9. All communication, whether written or oral and however communicated, shall be confidential between the parties.  Should the Client pass on any information including, inter alia, details of Childcarers, or recommend a Childcarer to a third party resulting in a booking of permanent temporary or part time childcare employment then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.

10. It is the obligation of the Client to immediately inform Tinies when a Childcarer is introduced by Tinies who has already been introduced by a third party. If the Client does not so inform Tinies then it will be presumed that the introduction has been effected by Tinies and the relevant fee will become payable.

11. Tinies endeavours to provide the Client with only the most suitable Childcarers, having performed all checks required by law. All relevant information pertaining to a Childcarer introduced to the Client will be supplied as required by law. However the final decision to employ a Childcarer is the sole responsibility of the Client and Tinies does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and whether caused directly or indirectly from an act or omission of a Childcarer introduced by Tinies. Similarly no warranty is offered in respect of the suitability, honesty, capability or character of any Childcarer introduced by Tinies and employed by the Client. Childcarers are not the employees of Tinies. Tinies does not exclude or restrict liability for death or personal injury resulting from its negligence.

12. If the Client reasonably considers that a Childcarer is unsuitable, the Client may terminate the Assignment either by instructing the Childcarer to leave the Assignment immediately, or by directing Tinies to remove the Childcarer. Tinies may in such circumstances reduce or cancel the charges for the time worked by that Childcarer, provided that the Assignment terminates:

  • Within 4 hrs of the Childcarer commencing the Assignment where the booking is for more than 7 hrs
  • Within 2 hrs for bookings of 7 hrs or less. And also provided that notification of the unsuitability of the Childcarer is confirmed in writing to Tinies within 48 hrs of the termination of the Assignment. Failure to comply with these procedures will result in fees being charged in full.

13. Any of the Client, Tinies or the Childcarer may terminate an Assignment at any time subject to the cancellation charges set out in the Tinies fees. The Client is liable to a cancellation fee if an Assignment is cancelled. The Client shall notify Tinies immediately and without delay and in any event within 24 hours if the Childcarer fails to attend work or notifies the Client that he is unable to attend work for any reason.

14. Tinies shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Childcarer supplied to the Client is unsuitable for the Assignment and shall terminate the Assignment.

B. For Supply of Permanent Nursery Staff

1. These terms and conditions shall represent a legally binding contract between the nursery, parent or company (the "Client") and the Tinies childcare agency (the "Agency"). All variations shall be agreed between the parties and supplied in writing. The verbal or written instruction by the Client to the Agency to submit suitable Candidates for work or for contact or for interview shall constitute acceptance by the Client of these terms and conditions. The term "Candidate" means a person introduced by the Agency. When placing permanent candidates, the Agency is acting as an employment agency as opposed to an employment business.

2. Fees are payable by the Client on the acceptance, either verbally or in writing, by a Candidate of a position with the Client, or on a placement of a Candidate at a Client ("the Engagement"). It is the responsibility of the Client to notify the Agency if a Candidate has been offered employment.

3. Fees are payable within 14 days from the date of the invoice submitted by the Agency and in any case prior to commencement of employment. The Agency reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period and in addition to reclaim any costs (including debt collector's fees) incurred as a result of chasing for payment.

4. Fees are due in respect of each Candidate taking up an Engagement with the Client or as otherwise set out herein. The fee payable to the Agency by the Client for the Engagement of a Candidate is calculated in accordance with the Fee schedule submitted with these terms or as advised at the time. If a Candidate returns to a Client at a future date or if a temporary engagement is extended then the appropriate additional fee shall become payable. In the case of a Candidate returning to a Client, this fee shall be the current full fee chargeable by the Agency for the relevant position. In the case of a temporary engagement being extended, the Client is referred to the Agency's Terms and Conditions for supply of temporary staff.

5. All communication, whether written or oral and however communicated, shall be confidential between the parties.  Should the Client pass on any information including, inter alia, details of Candidates, or recommend a Candidate to a third party resulting in a booking of permanent temporary or part time childcare employment then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.

6. It is the obligation of the Client to immediately inform the Agency when a Candidate is introduced by the Agency who has already been introduced by a third party. If the Client does not so inform the Agency then it will be presumed that the introduction has been effected by the Agency and the relevant fee will become payable.

7. The Agency endeavours to provide the Client with only the most suitable Candidates, having performed all checks as required by law. However the final decision to employ a Candidate is the sole responsibility of the Client and the Agency does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and whether caused directly or indirectly from an act or omission of a Candidate introduced by the Agency. Similarly no warranty is offered in respect of the suitability, honesty, capability or character of any Candidate introduced by the Agency and employed by the Client.  Candidates are not the employees of the Agency. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.

8. If a Candidate who has been confirmed as a permanent placement with the Client either does not start employment or leaves within 6 weeks of starting employment with the Client then one free replacement will be provided, subject to the following conditions:

  1. the Agency is informed by the Client within 2 days of the termination of the employment
  2. the relevant fee has been settled in full within 14 days of the date of invoice and in any case prior to commencement of the position
  3. the booking has not been cancelled by the Candidate because of unreasonable demands by the Client; or unreasonable working conditions;  or a lack of proper induction and training; or a change in the job description; or a change in location; or a breach of the employment contract (whether signed or not) or employment regulations (including pay)
  4. the Client is still intending to employ a childcarer and the Agency is given 3 weeks to find a suitable replacement; and
  5. the Client does not use another agency or source during the 3 weeks to find a replacement.

Once one free replacement has been found, there are no further refunds or free replacements offered.

In the event that a free replacement cannot be found, the Agency at its discretion may refund the Client the following percentage of the original fee:

  • If the Candidate leaves within the first 2 weeks: 75%
  • If the Candidate leaves after 2 weeks but before the end of her 4th week: 50%
  • If the Candidate leaves after 4 weeks but before the end of her 6th week: 25%

No refund will be given where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory, and no refund will be given where the Client withdraws their offer of employment to the Candidate.

 

How to get in touch

Nursery Supply Enquiry Register as a Childcarer
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