Terms and Conditions

 

    1. Contract

These terms and conditions shall represent a legally binding contract between the client or employer (the “Client”) and the Tinies nanny agency (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. The term “Candidate” means a person introduced by the Agency.

    1. Fees

a) Fees are payable by the Client on the acceptance, either verbally or in writing, by a Candidate of a position with the Client. It is the responsibility of the Client to notify the Agency if a Candidate has been offered employment. Fees, at the current rate of the Agency’s charges are payable within 14 days from the date of the invoice submitted by the Agency. The Agency reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period. If the account remains unpaid, it will be passed on to a debt collection agency. The client is liable for all collection costs incurred.

b) Fees are due in respect of each Candidate taking up a position with the Client or as otherwise set out herein. If a Candidate returns to a Client at a future date or if a temporary or part-time engagement is extended then the appropriate additional fee shall become payable. In the case of a Candidate returning to a Client, this fee shall be the current full fee chargeable by the Agency for the relevant position, and in the case of a temporary or part-time engagement being extended, the fee shall be the difference between the fee actually charged and the fee that would have been charged if the Candidate had been engaged for the whole period. The Client agrees to notify the Agency of a re-engagement or extension of a temporary engagement.

c) Agency fees are calculated based on the hours of the position when the job is listed with us. No refund or reduction from the Agency’s current rate will be given if the number of weeks is subsequently reduced. The rate is GST exclusive. If a temporary period is subsequently extended then paragraph 2(b) above will apply.

d) Once a nanny has been confirmed by the agency to the client for a booking, and the job is then cancelled, a cancellation fee applies.

    1. Confidential Information

All communication, whether written or oral and however communicated, shall be confidential between the parties. Should the Client pass on any information including, inter alia, details of Candidates, or recommend a Candidate to a third party resulting in a booking of permanent temporary or part time childcare employment then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.

    1. Introduction by Third Parties

It is the obligation of the Client to immediately inform the Agency when a Candidate is introduced by the Agency who has already been introduced by a third party. If the Client does not so inform the Agency then it will be presumed that the introduction has been effected by the Agency and the relevant fee will become payable.

If the client is to receive a Nanny Profile more than one source, the client is required to honor the first source that has sent the nannies information.

    1. Liability

The Agency endeavors to provide the Client with only the most suitable Candidates. However the final decision to employ/ contract a Candidate is the sole responsibility of the Client and the Agency does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and 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 the employees of the Agency. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.

    1. The Tinies Guarantee

If a Candidate who has been confirmed as a permanent placement with the Client either does not start employment, or has their employment terminated (in writing) or leaves within 4 weeks of starting employment with the Client then a full refund, will be given subject to the following conditions:

a) the Agency is informed within 2 days of the cancellation of the booking or the termination of the employment;

b) the relevant fee has been settled in full within 14 days of the date of invoice;

c) the booking has not been cancelled by the Candidate because of unreasonable demands by the Client;

d) the employee has not left because of unreasonable working conditions or because of a change in the job description and or nanny requirements, or change in location; and

e) the Client is still intending to employ a child carer and the Agency is given 3 weeks to find a suitable replacement.

In the event of dispute between the Client and the Agency regarding the payment of a refund the parties may, at their absolute discretion, refer to the Agency’s head office for resolution.

Agency fee is payable where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory.

The agency reserves the right to change the terms and conditions, and will notify the client in writing.

In accordance to the 90 day trial period an employer can terminate employment within the first 90 days. In this circumstance the permanent agency fee will then be reduced to the daily temporary agency rate (see short term placements).

If you have any queries or questions regarding the terms and conditions then please do not hesitate to speak to your Tinies Consultant.