Terms & Conditions for International and UK & Australia based clients
Effective June 2015
- International Client Terms
All business conducted between TNB and the Client is subject to these terms and conditions. In the event of any conflict relating to these terms and conditions, the former shall prevail unless otherwise agreed in writing by the TNB Manager.
These terms and conditions shall represent a legally binding contract between the client or employer (the client) and The Nanny Boutique (the Agency) The verbal or written instruction by the client to the Agency to submit suitable candidates for contact or interview shall constitute acceptance by the client of these terms and conditions.
- An introduction is officially made when the TNB notifies the client of a candidate's name, contact details & or application.
- If an offer of employment is accepted by the candidate as a result of an introduction by the TNB, the introduction fee shall be payable by the client. The client has automatically accepted these terms and condition with immediate effect if any of the following occur: A. The client is introduced to a candidate through TNB and/or makes direct contact with the candidate and/or undertakes any communication with the candidate in any form at anytime. B. The client or anyone connected or associated with the client introduces a candidate, or passes details of the candidate to any other another person or employer.
- Suitability and References
- TNB does not guarantee the performance of any candidate or the accuracy of information provided regarding a candidate. TNB will not be held liable for any loss, damage, liability, costs, claims or expenses suffered or incurred arising from or connected with the recruitment or engagement of any candidate by the client howsoever arising 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 employed by this Agency.
- TNB urges client to conduct such investigations, as it deems necessary to verify candidate information or to obtain such other information, as it may deem relevant
- The TNB endeavours to screen every candidate that is accepted and registered with the agency. This includes obtaining references (where references are possible) Should the client require any further screening in reference to their particular role and personal requirements, then whilst TNB may assist, such further screening will be the clients own responsibility.
- TNB does not employ any staff and therefore is not responsible for obtaining the checks and documents mentioned above. It is the sole responsibility of the candidate/contractor to provide all documents related to, and required for the placement.
- The client is responsible for making the final decision when appointing a candidate to work in their family.
- Temporary placements
- If a temporary placement becomes a permanent placement, the full permanent placement introduction fee will be payable.
- Following cessation of a temporary placement, if the client offers further employment, either permanent or temporary within 5 years of cessation of the first temporary placement, a further fee will be payable.
- If a temporary placement is extended, the agency will recalculate the amount due and issue a revised invoice so that the appropriate fee can be charged. The revised introduction fee will become due and payable within 7 working days of the date of invoice
- Cancellation - Permanent & Temporary Placements
- If a client cancels a contract of employment after the employment commencement date, a cancellation fee of 100% of the full permanent or temporary placement fee is due + one weeks salary for the candidate.
- If a client cancels a confirmed booking of employment less than 72 hours before the commencement of the employment, a cancellation fee is due at 60% of the full fee, payable to TNB
- Candidate replacement
- All agency fees are non-refundable.
- If the employment of a candidate introduced by the TNB is lawfully terminated within twelve weeks from the date of commencement of employment, the client will receive one free replacement guarantee valid to use at any time within a 6 month time frame from the date of issue at no extra cost subject to the following:
1. The client brief remains exactly the same including all the needs of the client and condition of the employment contract. If these change in anyway, an additional fee will be applied at 8% of the full placement fee.
2. The original introduction fee has been paid in full according to the terms of this contract.
3. The Agency is advised of the termination of the employment in writing within 5 days of termination.
4. The candidate has not terminated the employment due to unsatisfactory or different working conditions to those originally stated in the contract.
8. Client fee terms
Registration fee: Due upon registration.
- The introduction fee shall be payable in accordance with the fee structure set out on the TNB website at the time of registration.
- The introduction fee will be payable if the candidate is subsequently employed or contracted by the client at any time, even if the initial introduction by the TNB does not result in an immediate offer of employment for any reason by either party (client or candidate)
- If an offer of employment is made to a candidate, by a client that has been introduced by TNB, the client must inform this agency within 24 hrs. Failure to do so will be attract a 10% surcharge of the full placement fee.
- For both permanent and temporary placements, the placement fee will be invoiced upon confirmation of the starting date of employment and the placement fee is payable in full within seven working days, or prior to the candidates departure from their home country, whichever is sooner. If the introduction fee is not paid within the above time frame mentioned, the TNB reserves the right to charge a further 5% late payment fee payable to the Client.
- In the event of legal proceedings being commenced by the TNB to recover unpaid fees from a client, the TNB reserves the right to charge ongoing interest at a rate of 10% per month.
- The client agrees to pay the full placement fee to TNB in the event that either of the following should occur:
- A candidate referred to client by TNB is hired, directly or indirectly, for any position, as an employee, consultant, or independent contractor, by the client, or clients friends, affiliates, subsidiaries, or any other third party.
- A candidate referred to the client by TNB is referred by the client to another employer or recruiting firm and the candidate is hired, directly or indirectly, for any position, as an employee, consultant, or independent contractor, by such employer or through such recruiting firm or any other third party.
- Please note all charges and fees are to be made in AUD or GBP (special arrangements can be made for international clients at management discretion)
- Any information supplied by the TNB is confidential and should not be shared with any other third party.
- If the client or anyone connected to the client gives details of a candidate to any third party who then employs the candidate, the Client will then be liable for the full introduction fee as started above.
- All candidate referrals made by TNB are made on a confidential basis and the client shall not hold TNB responsible for any liability resulting from client’s unauthorized disclosure or misuse of information regarding any candidates or their candidacy.
- Client/Employer Obligations
- The Nanny Boutique is a placement/referral only service and does not employ staff.
- The TNB is not responsible for any obligation whatsoever relating to the employment or engagement of any applicant.
- The client is legally responsible for their employees, full time, casual or part time, income tax payments, workers compensation payments and if eligible, pension payment, set out by the law of the country in which the employee is engaged (Employment only) The TNB will be happy to assist with this as requested
- The client must recognize all obligations as an employer or the engagement of a contractor.
- The client is required to comply with any international legislation and local legislation relating to Industrial Relations and Occupational Health and Safety.
- The client is responsible for any insurance obligations and policies relating to the engagement of an employee or contractor.
- Although the TNB will assist in wherever possible, the client is responsible for satisfying him/herself of all information and legal requirements in relation to engaging an employee or contractor in their home.
- The client is responsible for all working visas and international flights associated with an international placement. The TNB does not offer any advice or assistance in this area.
12. Client/Candidate compliance
The Agency reserves the right to change or add to the above Terms and Conditions without prior notification, however all changes will be posted on this website. It's your responsibility to check these Terms and Conditions in case there are any changes. Continuing to use the site and our services after a change has been made is your acceptance of the changes.
TNB has the right to cancel an offer of engagement or interviews at anytime if the client or the candidate
- does not agree to abide by the Terms & Conditions displayed on this website OR provided by the agency.
- provides misleading or incorrect information to TNB.
- provides statements in the registration form that prove or are suspected to be untrue.
- give the agency any indication that they do not intend to pay the agency fees or sign, agree to or adhere to the agency terms and conditions.
- Fail to provide documents or references to complete their registration.
- Fail to advise the agency of contact or arrangements of any kind made between candidate and client.
13. Legal Obligation
The TNB is an introduction agency only and does not employ any staff. The TNB is not responsible for the employment contracts between the candidate and the family or any legal obligations connected with employment or self-employment of a candidate. The remuneration, taxation, pension plans, medical insurance, travel expenses, public liability insurance and any other requirements involved with the employment are the responsibility of the employee, contractor and employer and not the TNB. The candidate is responsible for confirming any details concerning the employment directly with the family.
14. Loss, damages or expense
TNB shall not be held liable, under any circumstances for any loss, damages or expense incurred
- by the a cancellation of an employment engagement made by this Agency, The Candidate or the Client at anytime
- by the actions of this Agency, the Candidate or the Client at anytime