Terms & Conditions

Contented Childcare Terms & Conditions of Business

  1. These Terms & Conditions of Business represent a legally binding contract between Contented Childcare and the Client. A Client is defined as a person who approaches Contented Childcare and asks to be introduced to any child care professional on Contented Childcare’s books or, in the case of a nanny share, to another family. Completion of Contented Childcare’s registration form is deemed to be an acceptance of and agreement to these Terms and Conditions of Business & Contented Childcare’s Placement Fees by the Client.
  2. Contented Childcare operates as an introductory agency only between the Client and Candidates. Candidates are the nannies, mother’s helps, housekeepers, maternity nurses/nannies and babysitters Contented Childcare has on file requesting positions.
  3. Any contracts of employment are between the Client and Candidate, and so the Client is an employer of the Candidate. Employers are responsible for complying with all relevant employment and tax legislation, in particular for accounting to HMRC for PAYE income tax and NI contributions.
  4. When the Client registers with Contented Childcare the Client accepts that the Client has read and understood the Placement Fees and these Terms & Conditions of Business.
  5. The Client will specify the exact requirements by providing Contented Childcare with full details of the roles and responsibilities of the Candidate. The Client is then accepting and agreeing that the information received will be shared with the prospective Candidates.
  6. Prior to the introduction of any Candidate, the Client will give Contented Childcare sufficient information in order for Contented Childcare to select a suitable Candidate(s) for the position, including, but not limited to, the following information:
  7. a) the Client’s identity;
  8. b) the date on which the Client requires the Candidate to commence work and the duration, or likely duration, of the work;
  9. c) the type of work, the location at which and the hours during which the Candidate would be required to work and any risks to health and safety known to the Client and what steps the Client has taken to control such risks;
  10. d) the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law, or by any professional body, for a Candidate to possess in order to work in the position;
  11. e) any expenses payable to the Candidate; and
  12. f) the rate of remuneration and any other benefits which the Client would offer to the Candidate and the intervals at which the Candidate would be paid; and the length of notice which the Candidate would be required to give, and entitled to receive, to terminate the employment with the Client.
  13. Contented Childcare will endeavour to ensure the Client is matched with a suitable Candidate, but the final decision rests with the Client. Clients are advised to check the Candidates’ references and credentials themselves. The final decision as to the suitability of a Candidate and whether to employ them is solely that of the Client.
  14. Save where prohibited by law, Contented Childcare accepts no liability for any loss, injury, damage, expense, compensation or delay suffered or incurred by the Client or any Candidate.
  15. Contented Childcare’s introduction of a Candidate to the Client and any information about a Candidate supplied by Contented Childcare to the Client is confidential and should not be disclosed to any other person (other than immediate family members) without Contented Childcare’s prior written consent. The Client may only use information about a Candidate supplied by Contented Childcare for the purpose of deciding whether to employ the Candidate.  If the Client decides not to employ a Candidate, the Client undertakes to return all copies of information supplied about the Candidate to Contented Childcare and to remove, delete or destroy all records the Client may have which include such information. If the Client passes on any information about any Candidate to a third party and that Candidate is placed elsewhere the Client is liable to pay Contented Childcare the full fees in accordance with Contented Childcare’s Placement Fees.
  16. The Client cannot accept the same Candidate from a different agency if the Candidate was introduced to the Client earlier by Contented Childcare and within the previous 6 months of such acceptance. If Contented Childcare originally introduced a Candidate to the Client and that Candidate is placed with the Client by another agency within 6 months of such introduction by Contented Childcare, the Client is then liable to pay Contented Childcare 50% of the relevant Placement Fee. An introduction occurs when Contented Childcare supplies a Candidate’s CV or other documentation or information relating to a Candidate or when the Client interviews or meets with (in person, by telephone or otherwise) the Candidate following the Client’s request to Contented Childcare to search for a Candidate.
  17. The Client will notify Contented Childcare immediately:
    1. of any offer of employment which the Client makes to a Candidate; and
    2. upon the acceptance of the Client’s offer of employment by a Candidate or upon the Candidate commencing employment with the Client (whichever first occurs).
  18. If the Client employs a Candidate at any time within 12 months from the later of the introduction of a Candidate to the Client by Contented Childcare or the date of a Candidate’s last interview with the Client, the Client will pay Contented Childcare the Placement Fee. Placement Fees shall become payable immediately upon the Candidate’s acceptance of an offer of employment or upon the Candidate commencing employment (whichever first occurs).
  19. All monies due under these Terms of Business are due and payable in full by the Client within 7 working days from the date of the invoice issued by Contented Childcare. Contented Childcare reserves the right to charge the Client interest on any amount outstanding after such period at the rate of 10% surcharge if not paid in this time. A further 10% surcharge will be added on each month after that.
  20. Contented Childcare may in the alternative claim interest at Contented Childcare’s discretion under the Late Payment of Commercial Debts (Interest) Act 1998.
  21. No Candidate can commence employment until the Client has made payment.
  22. If the Client withdraws the employment offer after terms have been agreed with the Candidate but before the employment commences, the Client is liable to Contented Childcare for 50% of the Placement Fee and 1 week’s net salary to the Candidate. In exceptional circumstances such payment to Contented Childcare and/or the Candidate may be waived at Contented Childcare’s discretion.
  23. A Cancellation of an agreed Temporary Placement will result in the Client paying one weeks full pay to the Candidate & 50% of the agreed Placement Fee to Contented Childcare. If less than 72 hours’ notice is given the Client is then liable to pay 100% of the Placement Fee & two weeks full pay to the Candidate.
  24. Where a Candidate is employed on a temporary basis and is then engaged on a permanent basis, the Client is liable to pay Contented Childcare the full permanent Placement Fee in addition to the Placement Fee any previous temporary engagements.
  25. The Client must book a babysitter at least three days in advance of the required date, otherwise this comes under ‘Emergency Childcare’. Contented Childcare will endeavour to provide a babysitter for the requested time and date, but cannot guarantee such provision. Contented Childcare will inform the Client if it is not possible.
  26. A minimum of 72 hours’ notice is required to cancel a babysitter, otherwise the Client is liable to pay for 3 hours babysitting plus the booking fee set out in Contented Childcare’s Placement Fees.
  27. The Client is liable to pay £15 for each booking of a babysitter, Contented Childcare will overlook these fees once the Client has made 5 bookings of the same Candidate.
  28. The Client is obligated to immediately inform the Agency if 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 made by the Agency and the relevant Agency fee will become payable.
  29. The Client agrees to not take on a Candidate via a third party (other agency, web site or similar) if the Candidate was introduced by the Agency first. If the Client does, the relevant Agency fee will become payable.
  30. The Client shall notify The Agency immediately if a Candidate introduced or supplied by the Agency (either verbally or in writing) is engaged by the Client. The Client agrees to pay an introduction fee in accordance with the Agency Scale of Fees as a result of such engagement.
  31. The Client is expected to give 2 months’ notice of any change to an offer of engagement.
  32. Should the Client withdraw an offer of engagement prior to its commencement 50% of the Introduction will be payable in the event that 2 months’ notice is not given subject to the time scale of the employment offer.
  33. Refund arrangements only apply to permanent arrangements and in the following circumstances:
  34. Where a Candidate withdraws from a position prior to commencement of the position and no suitable replacement is found within a reasonable time.
  35. Where a Candidate leaves a position within 6 weeks of starting the position.
  36. Refunds are subject to the following conditions:
  37. The Client has paid all Contented Childcare’s invoices in full within the given time.
  38. The Client has notified Contented Childcare by the end of the second day following the departure of the Candidate.
  39. The reason for the departure of the Candidate was not unreasonable working conditions, or conditions differing from those stated in the registration form or contract of employment, nor was it as a result of redundancy or by reason of the Candidate’s race, sex, sexual orientation, religion or belief, any disability or age.
  40. Subject to clauses 20 and 21, refunds may be claimed as follows:
  41. Withdrawal of a Candidate prior to commencement of employment and no suitable replacement is found within a reasonable time (only one free replacement is allowed), the Placement Fee is refundable in full. No refund is payable where the Client does not request a replacement.
  42. Withdrawal after less than 2 weeks – 75% of Placement Fee.
  43. Withdrawal between 2 weeks and less than 3 weeks – 60% of Placement Fee.
  44. Withdrawal between 3 weeks and less than 4 weeks – 45% of Placement Fee.
  45. Withdrawal between 4 weeks and less than 5 weeks – 30% of Placement Fee.
  46. Withdrawal between 5 weeks and less than 6 weeks – 15% of Placement Fee.
  47. For the avoidance of doubt, no refund shall be made for temporary or babysitting placements where the initial fee has been paid for the said number of weeks or hours (as appropriate) requested and such hours or weeks are then reduced.
  48. If a temporary or part time placement becomes permanent or full time, an additional fee shall be payable immediately by the Client, such additional fee being equivalent to the difference between the fee already paid and the fee that would have been payable by the Client had the placement originally been for the extended arrangement.
  49. Once a Client has paid for the same candidate on a temporary basis for 10 bookings, Contented Childcare will then overlook this Temporary Placement Fee for future bookings.
  50. If a Candidate is engaged on a trial basis (that is a period of up to two weeks) and the placement does not become permanent, the fee payable by the Client will be calculated on the basis of a temporary placement. If the placement does become permanent, the balance of the fee for a permanent placement is payable by the Client immediately upon the rendering of Contented Childcare’s invoice.
  51. Payment of invoices shall be by bank transfer or cash.
  52. If a Candidate is placed on the basis of a nanny share the following provisions will apply in relation to the payment of the Placement Fee:
  53. When Contented Childcare introduces two Clients seeking a nanny share and they subsequently both employ a Candidate introduced by Contented Childcare each Client shall be liable for 50% of the Placement Fee.
  54. When Contented Childcare introduces two Clients seeking a nanny share who both then employ a nanny not introduced by Contented Childcare, then each Client will be charged a fee £250.00 in respect of Contented Childcare’s introduction of that Client to the other Client.
  55. When a Client who already has a nanny approaches Contented Childcare seeking another family with which to share that nanny, then that Client will be charged a fee of £250.00 for the introduction to the second family/Client with which the Client subsequently shares the nanny and the second family/Client will be charged a fee of £250.00 for the introduction to the Client.
  56. In all of the above cases, the Client and the second family/Client shall be jointly and severally liable to Contented Childcare for any fee payable. If the Client or the second family defaults in payment of any fee payable, Contented Childcare shall be entitled to recover the outstanding sum from the other party as if that party had always been entirely responsible for the fee.
  57. Contented Childcare meets the requirements in respect of exempted questions under the Rehabilitation of Offenders Act 1974 and all Candidates who are offered employment will be subject to a criminal record check from the Criminal Records Bureau before the appointment is confirmed.
  58. Contented Childcare reserves the right to amend any part of these Terms and Conditions of Business without prior notice.
  59. These Terms and Conditions of Business shall be governed by and construed in all respects in accordance with English law.