Terms and Conditions

These Terms of Business govern the relationship between The Nanny PA Company Limited (“we” or “us”) and you and will be deemed to have been accepted by you if you interview (or seek to interview) any nanny, maternity nurse, doula, night-nanny, nanny housekeeper or any other type of carer (a “Candidate”) introduced to you by us or if you offer to engage, or actually engage, any such Candidate. You should read these Terms of Business carefully as they are legally binding on you. Please note that it is our policy to strictly enforce these Terms of Business in the event of any dispute.

1. Our services and fees

1.1 We liaise with selected nanny agencies to identify Candidates that meet your requirements for interview by you. You agree that, during our search, all contact with the relevant nanny agencies and prospective Candidates will be through us. We will try to ensure, but cannot guarantee, that all Candidates introduced to you are suitable. We provide an introduction service only and will not enter into any contract with you on behalf of a specific Candidate.

1.2 You agree to notify us immediately if you make any offer to engage a Candidate that we have intoduced to you and if any such offer is accepted by that Candidate. We are responsible for informing the relevant nanny agency of any offer of employment made by you to a selected Candidate. We will then introduce you to the relevant nanny agency whose terms of business and fees will apply from the date of that introduction by us.

1.3 Prior to us starting any search for suitable Candidates on your behalf, you are required to pay us a retainer which you will be invoiced for. This retainer will be deducted from the full search fee and is non-refundable.

1.4 When you make an offer of engagement to a Candidate introduced by us, the remainder of the search fee must be paid under these Terms of Business in cleared funds within fourteen (14) days of our invoice date.

1.5 If, after you have paid the full search fee to us, you cancel a confirmed engagement of a Candidate, or the Candidate decides not to take up the position offered by you, we will not refund the full search fee but we will search for a new Candidate at no further cost to you.

1.6 If you lawfully and validly terminate the engagement of a Candidate introduced by us within eight (8) weeks of the start of the engagement, at your request, we will undertake further searches with the nanny agency that supplied the original Candidate. There will be no additional charge for the provision of this service, provided that you have complied with these Terms of Business in all respects and paid all fees and other amounts due to us.

2. Our payment terms

2.1 We charge VAT on all fees at the applicable rate and we will submit a VAT invoice for our fees to you as soon as possible following any offer of engagement that you make to a Candidate.

2.2 Without prejudice to the Company’s other rights or remedies, if you fail to pay any fee (or any part of any fee) to us when it is due, we can charge you interest on all overdue sums (before and after judgment), at the rate of 4% over the base rate of HSBC Bank plc, from time to time and compounded monthly, until all the overdue sums (including the accrued interest) are paid in full. You also agree to indemnify us, on demand, against all costs/expenses (including, but not limited to, legal expenses) incurred by us in enforcing this provision or otherwise in recovering any fees or other sums due from you.

2.3 If any Candidate is introduced to you by us and you subsequently pass on the details of that Candidate to a third party, resulting in the engagement of that Candidate by that third party, you are liable to pay us a fee of 50% of our usual full search fee.

2.4 If you contend that you received details of a Candidate from another search or nanny agency before receiving such details from us, and that no fee is payable by you as a result, you must (at the same time) provide us with satisfactory written evidence of such prior introduction.

3. Our liability to you

3.1 Every possible effort is made by us to try to ensure that each Candidate that we introduce to you is suitable. However, you are wholly responsible for checking and confirming each Candidate’s references, qualifications, skills, character, knowledge and experience. You are also responsible, before engaging any Candidate, for (i) obtaining any work permit, and any other relevant permit, required for that Candidate and (ii) arranging any medical examinations or investigations of the Candidate, as required. We cannot obtain any such work or other permits, or arrange any such medical examinations/investigations, on your behalf (and we will not be liable to you if you fail to do so). If you make an offer to engage, or engage, any Candidate introduced to you by us, you do so entirely at you own discretion and at your own risk.

3.2 We give no warranty or representation (whether express or implied) to you as to the suitability of any Candidate for any position, role or vacancy nor the validity of any qualifications, references, skills, knowledge or experience that any Candidate may have or purport to have. All warranties, implied terms or other implied obligations and/or liabilities we may have to you or to any Candidate (whether implied by statute, common law or otherwise) are hereby excluded to the maximum extent permitted by law.

3.3 Neither our company nor any of its officers, employees or other staff shall be liable to you for any failure of any Candidate to perform or comply with the terms of any engagement by you or for any loss, expense, damage or delay that you might suffer or incur directly or indirectly as a result of any engagement of a Candidate.

3.4 In any event, our aggregate liability to you, whether in contract, negligence or otherwise, in relation to any Candidate or engagement shall be limited to, and shall in no circumstances exceed, an amount equal to the fee received by us from you in accordance with these Terms of Business in relation to the introduction of that Candidate.

4. General

4.1 Any and all personal data supplied to you by us in respect of a Candidate is proprietary and confidential and must not be used by you for any purpose other than the potential engagement of that Candidate. Any personal data that you provide to us will be covered by the terms of our company privacy policy.

4.2 These Terms of Business are the only terms which apply between us in relation to Candidates that we introduce to you (and replace any terms and conditions that we have previously agreed). No variation of these Terms of Business is effective unless made in writing and signed by (or on behalf of) us and you.

4.3 You expressly acknowledge that we are instructed by you on a non-exclusive basis and that we will be providing our services to other clients at the same time. We are not obliged to provide our services to you and may stop doing so at any time without cause and without any liability to you.

4.4 Without prejudice to any other rights or remedies which we may have under these Terms of Business, we may terminate the contract created by these Terms of Business, and any other agreement we have with you, without liability to you if you breach these Terms of Business.

4.5 Any notice required to be given by either of us under these Terms of Business must be in writing addressed to the other party and be sent by recorded delivery or first-class post to, or delivered in person or by courier at, the other party’s registered office address or usual place of business/residence (or to any such other address that has been notified to the sending party in accordance with this provision).

4.6 No failure or delay by us in exercising or pursuing any right or remedy under these Terms of Business shall operate as a waiver of that right or remedy nor shall it impair any consequent or subsequent rights or remedies accruing to us under these Terms of Business, in equity or at law.

4.7 If any provision in these Terms of Business is held to be illegal, invalid or unenforceable (in whole or in part) by any court or other competent authority in any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Business shall not be affected.

4.8 Except as expressly provided herein, no provision of these Terms iof Business s enforceable by any person who is not a party to them, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise. These Terms of Busines shall be governed by, and construed in accordance with, English law and the parties agree to submit to the exclusive jurisdiction of the English courts in relation to any dispute arising in connection with these Terms of Business.