TERMS AND CONDITIONS FOR INTRODUCTION AND PLACEMENT SERVICES
1. Agreed Terms. In these terms and conditions, the following words shall have the meaning opposite them:
TNB or the Agency: The Nanny Boutique
Client: the Client named on the registration form who is using the services of the TNB
Candidate or Applicant: the person introduced to the client by the TNB for employment.
Permanent Placement: a placement where a Candidate is placed with a Client directly on a permanent
basis whether the position is part-time or full-time.
Temporary Placement: employment that is short term and does not exceed 90 days in one calendar year.
Employment Commencement Date: the date on which the Employee commences employment with the Employer.
Introduction fee: the fee set out in the Client terms and conditions.
Registration fee: payable with the submission of the client registration form.
Replacement Guarantee: the replacement of a candidate in the event that the employment is terminated
The registration form and these terms and conditions constitute the entire agreement between TNB and the Client and
extinguish all previous agreements or understandings relative to its subject matter. Proceeding to use the services of TNB,
including use of this website shall constitute acceptance by the client of these terms and conditions.
- An introduction is made when TNB notifies the Client of a Candidate's name and contact details.
- If an offer of employment is accepted by the Candidate as a result of an introduction by TNB, the introduction fee shall be payable by the Client to TNB.
- The Client is deemed to have accepted these terms and condition with immediate effect if any of the following occur: --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. The Client or anyone connected or associated with the client introduces a Candidate or passes details of the Candidate to any other person or employer.
4. Suitability and References
- TNB does not guarantee the performance of any Candidate or the accuracy of information provided by the TNB will not be held liable for any loss, damage, liability, costs, claims or expenses suffered or incurred arising from or connected with the 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.
- The TNB shall provide the contact details of a reference for every candidate that is accepted and registered with the Agency. The Client agrees to conduct their own reference checks and screening as they deem necessary, to verify a Candidate information and suitability for their position.
- It is the sole responsibility of the Candidate to provide all documents related to and required for any placement.
- The Client is responsible for making the final decision when engaging a Candidate.
5. Temporary placements
- If a temporary placement becomes a permanent placement, the full permanent placement introduction fee will be payable by the Client to TNB.
- Following cessation of a temporary placement, if the Client offers further employment to the Candidate, either permanent or temporary, within 7 years of cessation of the first temporary placement, a further fee will be payable by the Client to TNB.
- If a temporary placement is extended, TNB will recalculate the amount of the fee due and issue a revised invoice so that the updated fee can be charged to the Client. The revised introduction fee will become due and payable within 7 working days of the date of invoice.
6. Cancellation of 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 placement introduction fee or temporary placement introduction fee is due plus 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
7. Replacement guarantee
- All introduction fees are non-refundable.
- If the employment of a Candidate introduced by TNB is lawfully terminated within twelve weeks from the employment commencement date, the Client may receive one replacement Candidate to fill the position. This replacement will be valid to use at any time within a 3 month time frame from the date of issue, subject to the following terms:
- The Client brief remains exactly the same including all the needs of the Client and conditions of the employment contract. If these change in anyway, an additional fee will be applied at 8% of the full placement fee.
- The original introduction fee has been paid in full according to these terms and conditions.
- TNB is advised of the termination of the employment in writing within 5 days of termination.
- The Candidate has not terminated the employment due to unsatisfactory or different working conditions to those originally stated in the Contract of employment made between the Candidate and the Client.
- TNB will provide up to 6 suitable replacement applications for the Client to choose from.
8. Client fee terms
- The introduction fee shall be payable in accordance with the fee structure set out on 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.
- If an offer of employment is made to a Candidate by a Client that has been introduced by TNB, the Client must inform TNB within 24 hrs of making the offer. Failure to do so will be attract a 10% surcharge of the full introduction fee.
- For both permanent and temporary placements, the introduction fee will be invoiced upon confirmation of the starting date of employment. The introduction fee is payable in full within 28 working days of the invoice issue date, or prior to the employment commencement date, whichever is sooner. If the introduction fee is not paid within the above time frame mentioned, TNB reserves the right to charge a further 6% late payment fee to the Client.
- Irrespective of paragraph 8.4, in the event of legal proceedings being commenced by the TNB to recover unpaid fees from a client, TNB reserves the right to charge ongoing interest at a rate of 10% per month, in addition to the 5% late payment fee referred to above.
- The Client agrees to pay the full introduction 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 by the client, or client’s friends or any other third party.
- A Candidate referred to the Client by TNB is then referred by the Client to another employer third party 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 GBP or AUD (special arrangements can be made for international clients at TNB discretion)
- Any information supplied by TNB is confidential and should not be shared with any other third party.
- In accordance with paragraph 8.6, if the Client or anyone connected to the Client gives the details of a candidate to any third party who then employs the Candidate, the Client will then be liable for the full introduction fee.
- 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 the Client’s unauthorized disclosure or misuse of information regarding any Candidates or their candidacy.
10. Client obligations
- TNB is a placement/introduction only service and does not employ Candidates.
- TNB is not responsible for any obligation whatsoever relating to the employment or engagement of any Candidate.
- The Client is legally responsible for their own 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
- The Client acknowledges and undertakes that it will comply with any applicable laws, including in relation to taxation, in connection with the employment or appointment of a candidate.
- The Client is responsible for satisfying him/herself of all information and legal requirements in relation to engaging an employee or candidate in their home.
- The Client is responsible for all working visas and international flights associated with employing a candidate. TNB does not offer any advice or assistance in this area.
11. Client/Candidate compliance
- The Agency reserves the right to change or add to the above Terms and Conditions at any time. All changes will be posted on this website. It's the Clients responsibility to check these Terms and Conditions for any changes. Continuing to use this website and our services after a change shall be deemed to be your acceptance of the changes.
- TNB reserves the right to cancel an offer of engagement or interviews at any time if the client or the candidate
- does not agree to abide by the Terms & Conditions displayed on this website OR provided by TNB.
- provides misleading or incorrect information to TNB.
- provides statements in the registration form that prove or are suspected to be untrue.
- give TNB any indication that they do not intend to pay the agency fees or sign, agree to or adhere to TNB terms and conditions.
- Fails to provide documents or references to complete their registration.
- Fails to advise TNB of contact or arrangements of any kind made between Candidate and Client.
- Legal Obligation
- TNB is not responsible for the employment contracts between the Candidate and the Client or any legal obligations connected with 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 Client and the Candidate and not TNB. The Client is responsible for confirming any details concerning the employment directly with the Candidate.
12. Loss, damages or expense
- TNB shall not be held liable, under any circumstances for any loss, damages or expense incurred by any party for any reason howsoever arising, including but not limited to:
- by a cancellation of an employment engagement made by TNB, The Candidate or the Client at anytime
- by the actions of TNB, the Candidate or the Client at anytime