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Maternity

Tinies Terms & Conditions for Parents

If you have any queries or questions regarding the terms and conditions then please do not hesitate to speak either to your Tinies Nanny Agency or to the Tinies Legal Department direct on 01323 728 372

1. Contract and Consumer Rights

1.1 These terms and conditions shall represent a legally binding contract between the client or employer (the "Client") and the Tinies nanny agency (the "Agency").  The verbal/written instruction by the Client to the Agency to submit suitable Candidates for contact or interview or arrangement of interviews shall constitute acceptance by the Client of these terms and conditions.  The term "Candidate" means a person introduced by the Agency.  The Agency is acting as an employment agency.

1.2 Please refer to Schedule 1 for information on the Client's rights to cancel including a template cancellation form, which can be found at the end of these terms and conditions. In summary the Client has 14 days to cancel the service ("the cancellation period"), which starts on the date the Client received terms and conditions from Tinies (having registered with Tinies for a Candidate) as per Clause 1.1 above.  If the Client does wish to cancel within the cancellation period (subject to clause 1.3 below) the Client must utilise the cancellation form set out in Schedule 1.

1.3 Please note that where the Client requires services which start as soon as the Client contacts the Agency, for example for a Candidate to start straight away or within 14 days from the date this contract is binding (as per clause 1.1), and the Client cancels within the cancellation period, the following terms will apply:

1.3.1 if Tinies has found and placed a Candidate with the Client during the cancellation period, the Client will have to pay the full fee as outlined in the attached fees and fulfil any employment notice obligations it owes to the Candidate;
1.3.2 if Tinies has completed part of the service then the Client will pay the reasonable costs of the service that Tinies has performed up to the date that the Client cancelled. These costs will represent a proportion of the fee that Tinies would have charged for the full service.

2. Fees

  1. All relevant fees accompany these terms and conditions or are notified to the Client at the time of registration, and where applicable are subject to VAT.  Fees are payable by the Client on the acceptance, either verbally or in writing, by a Candidate of a position with the Client.  It is the responsibility of the Client to notify the Agency if a Candidate has been offered employment.  Fees, at the current rate of the Agency's charges, are payable within 14 days from the date of the invoice submitted by the Agency, or if the Candidate starts before the end of the 14 day period, payable before the Candidate starts work. The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment. In addition, the Agency reserves the right to re-claim any costs (including debt collector's fees) incurred as a result of chasing for payment.
  2. Permanent fees are due in respect of each Candidate being offered and accepting a position with the Client and are based on the position and salary at the time of the acceptance of the position. Any subsequent reduction in salary will not result in a reduced fee but any subsequent rise in salary, including any increase in salary within 2 months of the Candidate starting work, will result in an additional fee being charged. Permanent fees are notified in a separate document along with these Terms.
  3. Engagement other than through the Agency, Re-engagement and Extension of employment:
    a) If the Client engages the Candidate within a period of 6 calendar months from an introduction by the Agency of that Candidate to the Client (whether verbally or in writing), whether or not the Client has notified the Agency of that engagement, a fee will be charged which will be based on the position the Candidate has taken up with the Client (whether temporary, permanent or a babysitting position) and will be calculated according to either 2(b) or 2(d); and
    b) If the Client re-engages a Candidate within 6 calendar months from when the Candidate finished working with the Client, a fee will be charged which will be based on the new position the Candidate has taken up with the Client (whether temporary, permanent or a babysitting position); and
    c) If a temporary engagement is extended then the appropriate additional temporary or permanent fee shall become payable as per clause 2(b) or 2(d) below.  
    The Client agrees to notify the Agency of an engagement, re-engagement or extension, but the fee will be charged if the Client fails to notify the Agency.
  4. In the case of temporary positions (which includes for the avoidance of doubt babysitting bookings) and unless otherwise agreed the relevant fee is based on the number of hours, days or weeks initially requested. Temporary and babysitting fees are notified in a separate document along with these Terms. No refund or reduction from the Agency's current rate will be given in the case of these bookings if the booking is cancelled or reduced in duration.  If the temporary period is subsequently extended then paragraph 2(c) above will apply.
  5. In the case of part time positions, if within 2 months of the Candidate starting work the Candidate is asked to work longer hours, then an additional fee will be charged which will be the difference between the fee actually charged and the fee that would have been charged if the Candidate had been initially engaged for those longer hours.
  6. Payment by credit card will incur a fee of 3% on top of the relevant Agency fee.  If the Agency takes credit card details at the time of registration, the Client's credit card will not be charged unless the 14 day payment terms detailed in 2(a) above have passed or payment has not been received before the Candidate has started employment.  If that is the case, then the Agency will deduct the placement fee from the credit card details supplied.

3. Confidential Information

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.

4. Introduction of a Candidate other than through the Agency

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 or has been viewed or contacted through a website or advert.  If the Client does not so inform the Agency, and the Agency has already worked on the matching of the Client and Candidate, or if the Agency continues to work on the matching of the Candidate to the Client, then it will be presumed that the introduction has been effected by the Agency and the relevant fee will become payable if the Candidate is subsequently engaged by the Client within 6 months of the introduction of the Candidate to the Client (whether verbal or in writing) by the Agency.

5. Liability, Right to Work and References

The Agency endeavours to provide the Client with only the most suitable Candidates.  However the Client must satisfy itself as to the suitability of the Candidate prior to making an offer to the Candidate.  The Client is advised to follow up and check any references of the Candidate before engaging such Candidate.  The Client, being the employer of the Candidate, is also responsible for checking the Candidate's right to work and obtaining permission to work as may be required by the law of the country in which the Candidate is engaged to work and for the arrangement of any medical examinations and/or investigations into the medical history of any Candidate. 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 Client is also responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability insurance for domestic workers, including childcarers. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.

6. Refund Policy

6.1 If a Candidate (who has been offered and has accepted a position with a Client) either does not start employment or leaves within 6 weeks of starting employment with the Client (whether the Candidate has left by their own choice or if requested to leave by 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, or if the Candidate started before the end of the 14 day period, the fee was paid before the Candidate started work
  3. the booking has not been cancelled by the Candidate because of unreasonable demands by the Client; or unreasonable working conditions;  or a change in the job description; or a change in location; or a breach of the employment contract by the Client (whether signed or not) or employment regulations (including pay)
  4. the Client is still intending to employ a childcarer under the same specifications and job as was applicable for the leaving Candidate, and the Agency is given 3 weeks to find a suitable replacement; and
  5. the Client does not use another agency or source or website during the 3 weeks to find a replacement.

For the avoidance of doubt, "leaves within 6 weeks" means that the Candidate no longer works for the Client and has left their employment.

6.2 If the Client changes their mind and does not go ahead with a placement (where a Candidate has been offered employment and has accepted), then the full relevant fee is still payable, even if no employment contracts have been signed.  In addition the Client is expected to pay the Candidate 1 week's pay.

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

6.4 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%

6.5 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.

7. General

7.1 This contract shall be construed in accordance with and governed by the laws of England and Wales and the Client agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.

7.2 The Client is legally responsible for their employee's Tax and National insurance payments and for providing a detailed payslip, as well as any pension contributions that are required to be made by UK law.

7.3 Please refer to separate Terms and Conditions for Tinies Maternity and Tinies Emergency Services.

7.4 Data Protection: The Agency may from time to time contact the Client about special offers and new products/services, unless the Client has told the Agency that they do not wish to receive any such communication.

7.5 Tinies has a specific complaints procedure which can be accessed via the Tinies website.

Schedule 1 - Consumer Rights

  1. Tinies provides a service to clients which involves finding and placing childcarers with those clients, whether on a temporary or permanent basis.
  2. All fees relating to the services that Tinies provides are set out in a separate fee schedule which are provided along with these terms and conditions.
  3. Under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Client has a right to cancel the services of Tinies within 14 days of the contract becoming binding (as per Clause 1.1 of the main terms). The 14 days are known as the "cancellation period"
  4. Set out below, under "Client's Right to Cancel", are details of how the Client can cancel the services, including a Model Form of Cancellation that the Client can use.
  5. Please note that where the Client requires services which start as soon as the Client contacts the Agency, for example for Tinies to find a Candidate to start straight away or to start within 14 days from the date this contract is binding (as per Clause 1.1 of the main terms), and the Client cancels within the cancellation period, the following terms will apply (as already set out in Clause 1.3 in the main body of the terms):
    i.    if Tinies has found and placed a Candidate with the Client during the cancellation period, the Client will have to pay the full fee as outlined in the attached fees and fulfil any employment notice obligations it owes to the Candidate;
    ii.    if Tinies has completed part of the service then the Client will pay the reasonable costs of the service that Tinies has performed up to the date that the Client cancelled. These costs will represent a proportion of the fee that Tinies would have charged for the full service.
  6. Please note that the Client's right to cancel and the Refund provisions set out in Clause 6 of the main terms are separate.
  7. Client's Right to Cancel

    i.    The Client has the right to cancel the contract with Tinies within the cancellation period without giving any reason.
    ii.    The cancellation period expires after 14 days from the date when the contract with Tines becomes binding (as per Clause 1.1 of the main terms).
    iii.    To exercise the right to cancel, the Client must inform Tinies via the contact details provided with these terms of the decision to cancel this contract by a clear statement (e.g. an email or registered letter). The Client may use the below model cancellation form, but it is not obligatory.
    iv.    To meet the cancellation deadline, it is sufficient for the Client to send the cancellation communication before the cancellation period has expired.
    v.    Please refer to Clause E above in Schedule 1 for the fee consequences where a cancellation is made of a service that was started within the cancellation period.
  8. Model Cancellation Form/Notice

    To Tinies

    I/We[*] hereby give notice that I/we [*] cancel my/our [*] contract for the supply of a Candidate as a childcarer.


    Date service ordered/terms agreed:

    Name of Client:

    Address of Client:



    Signature of Client:

    Date of this notice:

    [*] Delete as appropriate

 

 

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