Terms of Representation for Nannies

Hello Nannies’ Terms and Conditions of Business and Privacy Policy, as of 23.05.18

“Agency” is Hello Nannies. The Agency acts as a matching agent, introducing suitable Candidates to work for the Client.  The Agency does not employ Candidates, either directly or indirectly.

“Client” is any person, parent, family member, or third party appointed by the Client.

“Candidate” is any person introduced by the Agency to the Client, as being available for work or hire.

“Introduction” is the process whereby (i) the Client has been given Candidates’ details, curriculum vitae, or contact information, and/or (ii) the Client has interviewed a Candidate in person, over the telephone, or online.

“Employment” refers to the use of the Candidate by either the Client or any third party, on a temporary or permanent basis.

“Remuneration” refers to all salary, bonuses, allowances (financial or other) receivable by the Candidate for their services to, or on behalf of, the Client.

Unless the context requires otherwise, references to the singular include the plural.

The Agency undertakes business on the following terms which shall represent a legally ­binding contract between the Agency and the Client. These Terms and Conditions of Business should be read in conjunction with clause 7, Fees, which forms part of these Terms and Conditions of Business.

2. Registration

(a)    By filling out our online registration forms, Clients and Candidates are deemed to have accepted the Agency’s Terms and Conditions of Business. If the online registration forms have not been completed, The Client will be deemed to have accepted the Agency’s Terms and Conditions of Business when an Introduction takes place.


3. Confidentiality

(a)    Clients shall (i) keep all personal and contact details of any Candidates strictly confidential and (ii) never facilitate any introductions with third parties.

(b)    Should the Client breach confidentiality, which results in a Candidate (i) being employed by a third party, at any time, or (ii) being employed by the Client within 3 years of the date of introduction, the Client will be liable for paying the Agency’s fee in full, plus a 50% surcharge as well as any legal expenses incurred.

(c)    All personal and contact information must be kept entirely confidential between Clients and Candidates until a formal offer of Employment has been made and the Agency has been informed of this.


4. Introductions

(a)    Introductions between Client and Candidate are to be held in person, over the telephone, Skype, or Facetime.

(b)    Clients agree to notify the agency, or confirm in writing, of any Introductions that are due to take place.

(c)    Candidates are introduced by the Agency on the basis that should the Client wish to use their services, the Client will employ the Candidate directly in accordance with the prevailing employment legislation including, without limitation, paying the Candidate’s Tax and National Insurance contributions (unless the Candidate provides written evidence that they are self ­employed) and that the Client is providing a suitable working environment which does not compromise the health and safety of the Candidate.

(d)    Records of all Introductions are kept by the Agency. The Client undertakes to inform the Agency immediately should the Agency introduce a Candidate whose details have already been introduced to the Client from another source. If the Client fails to do so, and an offer of Employment ensues, the introduction fee will be payable by the Client to the Agency. In circumstances where the Client makes an offer of Employment to a Candidate for a position other than in accordance with the original job description, the Agency’s introduction fee remains payable.

(e)     Clients are required to reimburse reasonable travel expenses to Candidates who may have travelled a long way to Introduction – the Agency can help advise on this. Candidates are required to provide all receipts of travel should they need to be reimbursed. These expenses should be settled directly between Candidate and Client at the Introduction.

(f)      Until Employment has be officially offered by the Client through the correct procedure, Clients are not permitted under any circumstances, to engage directly with any Candidate. This includes requesting any form of contact information from the Candidate. All correspondence must be through the Agency.


5. Trials

(a)    The Agency recommends Clients and Candidates carry out a working trial before committing to Employment.(b)    One free day trial is offered to the Client by the Agency, however the Candidate should be paid directly for their time.

(c)    Any trials longer than one day will be charged at a rate of £30 per day.

(d)    All trial fees will be discounted from the Agency’s Employment fee should a Candidate go on to accept permanent Employment with a Client. In the case of multiple trials, only the successfully Employed Candidate’s fee will be refunded to the Client.

(e)     No trial fees will be refunded should the Client fail to employ a Candidate.


6. Notification

(a)    The Client agrees to the following: (i) To immediately notify the Agency of any verbal or written offer of Employment made by the Client to the Candidate; (ii) To immediately notify the Agency if any offer of Employment has been accepted by the Candidate; (iii) To immediately provide the Agency with full financial Remuneration details and dates for the Employment. The Client must agree with the Candidate, prior to the commencement of the Employment, details of all material terms including duties, pay, hours and place of work, holidays and notice period.

(b)    The Agency will assume that all details of the Employment have been agreed between the Client and the Candidate unless the Client informs the Agency in writing to the contrary prior to the commencement of the Employment.

(c)    Temporary placements are considered temporary up until 6 months of Employment; should a Client employ a Candidate for any longer than this they agree to: (i) notify the Agency immediately (ii) pay the full permanent Employment fee (less the temporary fee that was initially charged).

(d)    Should a temporary Candidate return to a Client for Employment at any point after the initial agreed period, the Client: (i) is required to notify the Agency immediately and (ii) is required to pay the calculated Agency fee.

(e)    The Client agrees to (i) notify the Agency immediately should the nature, working hours, and/or remunerations change in any way, during the first 6 months; (ii) pay any additionally calculated fees to the Agency for an increase of working hours or pay to the Candidate.


7. Fees

Hello Nannies Agency Fees for UK positions

Part-time and full-time permanent Candidates: 4x Candidate’s gross weekly salary

Temporary/Maternity/Holiday/Trial Candidates: £30 per 24-hour period or £100 per week, whichever is the lesser amount

Couples: 15% gross annual salary


Hello Nannies Agency Fees for Overseas Positions

Registration fee: £80

Part-time and full-time permanent Candidates: 20% gross annual salary

Temporary/Maternity/Holiday/Trial Candidates: £140 per week (minimum fee £140)

Couples: 20% gross annual salary


(a)    Invoices must be paid in full by the Client within 7 days of the invoice date, or prior to the Candidate commencing Employment, whichever is the earlier. If settlement is not received within this time­scale, the replacement and refund provisions detailed below will not apply.

(b)    The Agency reserves the right to charge interest on unpaid invoices in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 and any subsequent amendments.

(c)    Unpaid invoices within 31 calendar days will be referred to a debt collection firm appointed by the Agency, and will incur a 20% surcharge plus any legal fees associated with this. This surcharge increases by 20% for each 31-day period.

(d)    All Agency fees are exclusive of the Candidate’s salary and all other chargeable expenses of the Candidate or of the Agency.

(e)    All fees charged are related to only one term of Employment. If a Candidate returns to the Client at a future date, the Client will be required to inform the Agency and pay the relevant Introduction fee again.

(f)    Fees relating to any temporary work or maternity work are charged for the initial given dates of the placement, and are not subject to change in the case of premature/delayed birth or a subsequent change of dates by the Client for any reason.

(g)    Placements are considered temporary up until 6 months of Employment; should a Client employ a Candidate for any longer than this they agree to: (i) notify the Agency immediately; (ii) pay the full permanent Employment fee (less the temporary fee that was initially charged).

(h)    Should the Client fail to inform the Agency of the Employment of a Candidate within 7 days, a 50% surcharge will be applicable, in addition to the original Agency fee and any legal expenses if required.

(i)    Overseas Clients are required to pay an £80 registration fee, prior to any Introduction with potential Candidates.

(j)    Overseas Clients are required to have paid the full invoice prior to the Candidate leaving the UK/travelling to the destination of Employment to commence work for the Client.


8. Refunds and Replacements

(a)    In order to qualify for any refund or replacement Candidate, the Client is required to have: (i) notified the Agency of any offer of Employment within 7 days; (ii) paid the Agency fee in full within 7 days; (iii) not changed the originally specified role in any way (including but not limited to: hours, days, duties, and conditions of work); (iv) not made unreasonable demands towards the Candidate; (v) not been aggressive, verbally or physically, towards the Candidate or any member of the Agency.

(b)    A full refund will be available should a Candidate fail to begin his/her Employment, at no fault of the Client.

(c)    If a permanent Candidate commences Employment and leaves within 4 weeks, the Agency endeavour to find a suitable replacement Candidate within one month of notification to the Agency. Should no suitable Candidate be found, the Agency agrees to refund the permanent fee, and recalculate weeks worked on a temporary fee basis. If a suitable Candidate is found, and the Client decides that the replacement Candidate is unacceptable, the Agency accepts no responsibility.

(d)    The Client can be given only one free replacement Candidate.


9. Cancellation Fee

(a)    If the Client cancels any offer of Employment to a Candidate less than one week prior to commencement of the Employment, or after an Agency fee invoice has been sent: (i) the Client shall pay the Candidate for one full week of work; (ii) the Client shall be liable for 80% of the Agency fee.

(b)    If the Client cancels any offer of Employment to a Candidate more than one week prior to commencement of the Employment, and prior to the Agency fee invoice being sent, the Client shall be liable for 50% of the Agency fee.


10. Suitability and References

(a)    The Employment and suitability of the Candidate are the sole decision and responsibility of the Client.

(b)   The Agency accepts no liability under any circumstance for any incorrect information provided to the Agency or Client by any Candidate.

(c)    The Agency shall endeavour to check references and criminal records, however the Agency recommend that the Client be responsible for carrying out additional checks and reference checks prior to an offer of Employment being made.

(d)    All immigration formalities, tax & NI, contracts, medical cover, and legal requirements of Employment are the sole responsibility of the Client.


11. Liability

(a)    Under no circumstances does the Agency accept liability for any loss, damage, delay, expense, death, personal injury, costs or compensation suffered or incurred by the Client or Candidate, directly or indirectly.

(b)    It is the sole responsibility of the Client to satisfy themselves as to the suitability of any Candidate introduced to them by the Agency.

(c)    The Client is the employer of the Candidate and is therefore fully responsible for all PAYE and National Insurance contributions for the Candidate, as well as any other statutory rights that the Candidate may be entitled to. The Agency does not employ any applicants.


12. Candidates

(a)    By registering with the Agency, the Candidate agrees to (i) provide true, complete, and accurate contact and personal information; (ii) provide a full history of work experience including true and contactable references.

(b)    The Agency is a completely free service to Candidates, with no charge for joining or registration.

(c)    The Candidate is under no contractual obligation to stay with the agency and they are free to leave the Agency at any time.

(d)    At no point is any candidate an employee of the Agency.

(e)    The Candidate is not permitted to disclose any personal and/or contact information, which may enable the Client to contact the Candidate directly, to any Client during the Introduction stage. This is including, but not limited to: Candidates full name, address, telephone numbers, email addresses and websites.

(f)    The Candidate agrees to inform the Agency immediately should the Client attempt to bypass the agency in any way, and/or request the direct contact information of a Candidate.

(g)    The Agency reserves the right to end the agreement with the Candidate at any time. This can be for any reason, including but not limited to: criminal record (previous or current), alcohol or drug abuse, unprofessional conduct, and unprofessional representation of themselves and of the Agency.

(h)    Any Candidate interviews, CRB/DBS checks, required training, pediatric first aid training, and travel expenses, are the full responsibility and financial expense of the Candidate.

(i)    The Candidate must be willing to sign a confidentiality agreement if required.


13. Discrimination / Equal opportunities

(a)    Hello Nannies operates under a non-discriminatory and equal opportunities policy. We accept and work with Clients and Candidates irrespective of individual differences such as (but not limited to): race, gender, religion, sexuality and disability.


14. Complaints

(a)    In the event that the Client or Candidate wishes to complain about Hello Nannies, they should first put this in writing to Hello Nannies. Hello Nannies, who will attempt to resolve the complaint, will address this.

(b)    If there has been an attempted resolve of a situation, but the Client or Candidate’s remains unsatisfied, then the letter of complaint will be passed on to the Chair of the ANA (Association of Nanny Agencies) committee, and will be officially investigated.


15. Data Protection & Confidentiality

(a)    We request that all personal information that you provide is accurate, current and complete.

(b)    The information you submit to Hello Nannies, including sensitive and personal information, will be held in accordance with our Privacy and Data Protection Policy, which complies with ICO regulations. By submitting your information you give your consent for Hello Nannies to do this.

(c)    All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

(d)    Hello Nannies will not share or sell any personal information or photographs to any Third Party.


16. Website

(a)    All users of the website are deemed to have agreed with the Terms and Conditions of the Agency, which govern the website.

(b)    The Agency reserve the right to make alterations, additions, and withdrawals from the website at any time. Using the website subsequently deems you to have accepted the alterations.

(c)    The Agency reserve the right to modify, discontinue or suspend some or all of the website at any time.

(d)    The Agency makes no statement or guarantee as to the integrity or accuracy of the information on the website.

(e)    No website material, including all images and text, is to be downloaded or copied in any way.

(f)    The Agency accepts no liability for any kind of direct or indirect loss or damage (including but not limited to): loss of business, loss of income, the corruption of data, or any other consequential loss or damage as a result of the use of the Hello Nannies website (including any linked websites), or in connection with any computer virus or system failure that may have occurred.


17. Cookie policy

(a)    The Hello Nannies website makes use of cookies, as a way of monitoring site statistics, site traffic, and to enhance the basic functionality of the website. If you wish to opt out of using cookies you are at liberty to alter the settings in your browser.


18. Acceptable Use

(a)    These Hello Nannies Terms and Conditions govern the website. By using the website you are deemed to have accepted our Terms and Conditions.

(b)    We grant you a limited license to access and make personal use of the site, but not to download, copy or alter the site.

(c)    The site is strictly to be used for lawful purposes.

(d)    The Hello Nannies service and website is operated as an ethical business and as such should be used as one.


19. Data Processing

“Data Protection Legislation” means (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.

1.1 The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and the Agency is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).

1.2 The Agency shall, in relation to any Personal Data (as defined in the Data Protection Legislation) processed in connection with the performance by the Agency of its obligations under this agreement:

(a) process that Personal Data only on the written instructions of the Client for the purposes of carrying out a childcare search in accordance with the terms of this agreement unless the Agent is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Agent to process Personal Data (Applicable Laws). Where the Agent is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Agent shall promptly notify the Client of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Agent from so notifying the Client;

(b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Client, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;

(d) assist the Client in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(e) notify the Client without undue delay on becoming aware of a Personal Data breach;

(f) at the written direction of the Client, delete or return Personal Data and copies thereof to the Client on termination of the agreement unless required by Applicable Law to store the Personal Data; and

(g) maintain complete and accurate records and information to demonstrate its compliance with this clause.

1.3 The Client consents to the Agent appointing any third-party processor of Personal Data under this agreement for the purposes of virtual administration.


20. Copyright

(a)   Material found at any place within the Hello Nannies website is not to be copied, downloaded, reproduced, posted, or republished in any way.


21. Law

(a)    These Terms and Conditions of Business are governed by English Law and shall be subject to the jurisdiction of the English Courts.

(b)    In the event that any section of these terms and conditions is deemed illegal, incorrect or unsound by law, that particular section shall be omitted. The remainder of the terms and conditions will then stand as if they had been agreed upon without the omitted section’s initial inclusion.