- It is agreed that both Little Beans Nannies (“the agency”) and the person or business instructing the agency (“the client”) are bound by these conditions once the agency has been instructed by the client and has agreed to provide its services.
2. AGENCY RESPONSIBILITY
- The agency will only introduce a childcare professional (“the candidate”) and will not act as an employer.
- The agency will introduce candidates to the client that it believes fit the criteria laid out by the client and are most suitable for the position. An introduction is considered to have been made when the agency provides any details of a candidate to the client. This can include sending a copy of the candidates C.V. or providing contact numbers and names of a candidate.
- Although the agency cannot be held responsible for the conduct of the candidate, it will use all reasonable means to ensure the candidate is capable of carrying out their tasks as a childcare professional. This will mainly be done through vetting (checking the candidate has all necessary documents and checking references) and interviews.
- All candidates introduced to a client will hold a valid enhanced DBS check which will either have been issued within three years of the introduction taking place or the candidate will be registered on the update service which the agency will confirm.
- The agency may refer clients on to other businesses for services or advice but agency is not responsible for any information or service provided by a third party. Should the agency supply a draft contract or any other documentation, the client will be responsible for checking with a legal professional that it is appropriate for their requirements and conforms to current laws and legislation.
- The client accepts that even with thorough vetting, the agency cannot guarantee the performance of childcarers and the agency is not responsible for negligence on the part of a childcarer.
3. CLIENT RESPONSIBILITY
- The client will be responsible for providing instructions to the agency to enable it to best provide its services. This can include details of the position, any special requirements or training needed from the candidate along with any other information they consider to be salient.
- If the client becomes aware of any issues that arise with a candidate that could have an effect on their ability to take on a role as a childcare professional they must inform the agency immediately to ensure that candidate is not placed in a position of trust and appropriate action can be taken.
- The client agrees to inform the agency if any offer of employment (including trial sessions and positions that do not correspond to the original instructions) are made to any candidate by the client or any person related to the client as a result of an introduction by the agency. The response to such an offer by the candidate will also need to be passed on to the agency and any fees due as a result paid as set out in these terms.
- It is the client’s responsibility to ensure the employment confirms to current laws and legislation and that they have the appropriate insurances in place in relation to employment of domestic staff.
- Although the agency is responsible for vetting candidates it is the responsibility of the client to ensure the candidate is suitable for the position and that the vetting carried out is sufficient before employment commences.
4. TEMPORARY BOOKINGS/SITTERS
- “Temporary booking” or “temporary placement” refers to any booking that is made over a short period (of 12 weeks) or less or a time specific booking where the start and end date of the placement are agreed in advance of the booking commencing. “Temporary booking” or “temporary placement” can, at the discretion of the agency, refer to ongoing placements that are non-binding (no contract or committal from either party).
- The agency will always try a client’s preferred childcarers to fill a booking before contacting other childcarers. Childcarers are not employed by the agency and as such the agency cannot require them to work at any time or for a particular client.
- “Babysit” or “sitting” will refer to a booking that takes place over one evening with a start time of 6.30pm or later.
- The Client is responsible for informing the childcarer of any special needs of the children left in their care. This includes any ‘house rules’ or instructions that the childcarer will need in order to carry out their duties.
- Once a temporary placement or babysitting placement has been agreed the fees will be payable by the client (including agency fees and the nanny/sitter’s pay).
- If the nanny/sitter supplied does not attend the booking the agency will be responsible for finding a suitable replacement or refunding the fees for that session in full if the client informs the agency at the earliest opportunity of the nanny/sitter’s non-attendance.
- If a nanny/sitter acts in a way that is considered gross misconduct the client must report this to the agency immediately and the nanny/sitter will be removed from the booking. In this situation the fees will be reimbursed and the nanny/sitter will forfeit the remainder of her pay. Details of what is considered to be gross misconduct is available from the agency on request.
- Should a temporary placement or babysit develop into a permanent position of employment or more work is given to the candidate by the client within one year of the fees being paid, the agency will be entitled to the full fee laid out in the agencies price list at the time the additional work is offered.
- Temporary placements or sittings cancelled within 3 days (72 hours) of the commencement of the booking will be subject to a cancellation charge of the 100% of the booking (inclusive of nanny/sitter pay and agency fee).
- Temporary placements or sittings not subject to clause 4.1.7 and cancelled within 7 days (168 hours) of the commencement of the booking will be subject to a cancellation charge of 50% of the full cost of the booking (inclusive of nanny/sitter pay and agency fee).
- Temporary placements or sittings not subject to clause 4.1.7 or 4.1.8 and cancelled more than 7 days (168 hours) of the commencement of the booking will be subject to a cancellation fee 10% of the full agency fee with a minimum of £10.
- A sitter is responsible for a maximum of 3 children from 1 family only (a family is considered to be those who live in the same home or biologically share at least 1 parent). If there are more than 3 siblings within the family or children from another family are present, a separate sitter will be required.
- The agency acts as an introductory agency only and therefore cannot be held responsible for any loss or damage as a result of the client’s or the childcarer’s negligence. The client and childcarer are responsible for ensuring they have adequate insurance.
5. LITTLE SITTERS CLUB
- The Little Sitters Club has a yearly membership fee of £ In some cases this may be reduced, for example if an offer or a discount is applied. The agency reserves the right to increase prices although this will only affect future payments. The agency will inform the client of any change in fees with a minimum of 30 days notice.
- Membership fees are paid in advance. Should fees remain outstanding 7 days after they are due the account will be closed.
- Special occasions such as Christmas Day, Christmas Eve, Boxing Day, New Year’s Eve, New Year’s Day and Valentine’s Day are not covered by the Little Sitters Club and the agency may not provide a sitter on these dates.
- The client must make bookings a minimum of 24hrs in advance. The agency cannot guarantee to fill any bookings made with less than 24hrs notice although every attempt will be made to do so. This also applies to changes made within the 24hr period and any changes made within 24hrs are not guaranteed to be met.
- Should the client wish to cancel their membership to the Little Sitters Club they should email or write to the agency and the agency will acknowledge the request. Any remaining months left on the membership will be forfeited.
- The agency reserves the right to terminate a client’s membership if they deem necessary to protect the safety of others or where the client has violated the terms and conditions in which cases no reimbursement will be due to the client. Membership will also end when the current membership expires or if the agency provides the Client 14 days’ notice and reimburses the client any remaining membership.
- The Sitter should be paid at the agreed rate (this is assumed £10/hr unless otherwise agreed) at the end of the booked session in cash unless another method has been agreed in advance.
- It is the responsibility of the agency to list up to date fees and offers.
- The client must inform the agency within 5 days if an offer of employment is accepted by a candidate at which point the agency will issue an invoice. The invoice is payable within 14 days.
- Should the client retract the offer of employment once the invoice has been sent, the client will be liable for 10% of the invoice amount which will be payable within 14 days.
- Any overdue invoices (amounts that have not been paid within the agreed 14 day period) are subject to further charges. In addition to late charges the agency reserve the right to charge interest in accordance with The Bank of England base rate plus 2%. The agency will also pass on any costs it incurs to the client in order to pursue monies owed.
7. PERMANENT PLACEMENTS
- If the candidate fails to complete a minimum of 6 weeks employment of their own choice or is dismissed for gross misconduct and the client informs the agency within 7days of this occurring, the agency will either provide an 85% refund to the client or offer its services to replace the candidate free of charge to the client. The invoice must have been paid in full and on time for this guarantee to apply.
- If the candidate completes 6 weeks of employment but leaves of their own choice or is dismissed due to gross misconduct within 4 calendar months of employment and the client informs the agency within 7 days of this occurring then the client will be entitled to either a 50% refund of their fees or a 50% reduction of the current agency fees to replace the candidate. The invoice must have been paid in full and on time for this guarantee to apply.
- Candidates are responsible for providing full and accurate information to obtain a DBS. It is an offence to provide false information or identification in order to obtain a DBS certificate. The agency will check the application but it is the responsibility of the candidate to ensure there are no errors in the information provided.
- As soon as a candidate requests a DBS check and provides the necessary information (name, telephone number, date of birth and email) to the agency they are liable for the full costs of the DBS check whether or not they choose to complete the service. The agency may, at their discretion, issue a cancellation charge if the service is requested but not completed. Requesting a DBS check can include filling out the DBS form on the Little Beans Nanny Agency website or by emailing/telephoning/messaging a request.
- All applications are subject to the terms and conditions of the Disclosure and Barring Service and any third party companies involved in the processing of the application.
- Our DBS service is a personalized service and therefore exempt from the 14 day cooling off period under the Consumer Contracts Regulations.
- It is the candidate’s responsibility to check the certificate when it arrives and immediately contact the Disclosure and Barring Service to report any errors.
- Should the DBS certificate not arrive, the candidate must report this to the DBS within the time specified by the DBS. Failure to report a certificate not being received could result in the DBS check being invalid and no refund will be issued.