We pride ourselves in developing the most flexible, tailor made price structure for our client.
Application
1.1 These Terms and Conditions shall apply to the provision of Services by the Agent to the Client under the Agreement.
1.2 In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Agent in writing.
1.3 These Terms and Conditions shall be attached to the Registration Form and together they shall constitute an offer (“the Offer”) by the Agent to provide the Services specified in the Registration Form on these Terms and Conditions.
1.4 The Client may accept the Offer within 14 days of the date of the Registration Form by signing and returning to the Agent a copy of the Registration Form, or by otherwise instructing the Agent to perform the Services.
Definitions and Interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Agent” means Perfect Household Staff of 19 Buckingham Gate Westminster, London, SW1E 6LB;
“Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Terms and Conditions.
“Assignment” means the role the Client offers the Candidate with a view to placing the Candidate in a position of employment with the Client.
“Candidate” means a nanny, au pair, mother’s help, maternity nurse, governess, other childcare professional, domestic staff, chauffeur, body guard or any other role requested by a Client.
“Client” means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases services from the Agent.
“Engage” / “Engaged” / “Engagement” means, as the context shall require, the Candidate commencing work and thereafter working for the Client.
“Fees” means all fees payable by the Client to the Agent for the Services as detailed in the Home Registration Form and the International Registration Form.
“Introduced” means the introduction by the Agent of a Candidate to the Client by whatever method including, but not limited to, providing a Candidate’s details or curriculum vitae to a Client for consideration.
“Home Registration Fee” means the non-refundable fee of £50.00 payable when the Home Registration Form is signed, completed and returned to the Agent by the Client.
“International Registration Fee” means the non-refundable fee of £400.00 payable when the International Registration Form is signed, completed and returned to the Agent by the Client.
“Description of Services Form” means the form sent to the Client by the Agent setting out the services the Candidate shall perform in their role.
“Services” means the services to be provided by the Candidate to the Client as set out in the Description of Services Form.
“Terms and Conditions” means the terms and conditions in the supply of the Services as set out in this document and any subsequent terms and conditions agreed in writing by the Agent.
“Terms of Payment” means the terms of payment of Fees as set out in the Registration Form.
2.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
2.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
2.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or reenacted at the relevant time;
2.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and any Registration Form as amended or supplemented at the relevant time;
2.2.4 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Registration Form) or a paragraph of the relevant Registration Form; and
2.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
2.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
2.4 Words imparting the singular number shall include the plural and vice versa.
2.5 References to any gender shall include the other gender.
Commencement and Duration
3.1 The Agent shall provide the Services to the Client from the date specified in the Registration Form.
3.2 The Services shall continue to be supplied until they are completed in accordance with the Registration Form, unless the Agreement is terminated in accordance with Clause 16.
The Registration Form
4.1 The Registration Form shall be agreed between the parties and shall include such information as the Parties consider necessary for the successful provision of the Services, which may include (without limitation):
4.1.1 the full name, address, email address, fax number (if any) and other contact details of the Agent and the Client.
4.1.2 a description of the Services required.
4.1.3 a description of the proposed Engagement.
4.1.4 the date on which the Services and the Engagement are to commence.
4.1.5 the length of the required Engagement (if determinable).
4.1.6 the Fees (or the basis for calculation of the Fees); and
4.1.7 the Terms of Payment of the Fees.
4.2 No amendment shall be made to the Registration Form except in accordance with Clause 15.
The Services
5.1 The Agent will use reasonable care and skill to perform the Services.
5.2 The Agent shall use all reasonable endeavours to complete its obligations under the Agreement, but time will not be of the essence in the performance of these obligations.
Fees
6.1 The Client shall pay the Fees to the Agent for the Services.
6.2 The Client shall pay all Fees in accordance with the Terms of Payment specified in the Registration Form and Clause 7 below.
6.3 The Fees shall be payable where:
6.3.1 the Agent has Introduced a Candidate and the Client has prior knowledge of that Candidate in a context other than as a Candidate for the Client’s vacancy.
6.3.2 the Agent has Introduced a Candidate and the Client Engages that Candidate in a position other than that specified in the Registration Form.
6.3.3 any Engagement of a Candidate is commenced later or terminated earlier than agreed in the Registration Form provided that the Agent shall not refund any Fees.
6.4 All sums payable by either Party pursuant to the Agreement are exclusive of any value added or other tax (except corporation tax) or other taxes on profit, for which that Party shall be additionally liable.
6.5 Any guarantee given by the Agent pursuant to this Agreement shall be invalidated where the Client successfully negotiates a reduction of the Fees due.
6.6 In the event the Client agrees to use the Agent’s services exclusively, the Client shall be entitled to a fee of 15% of Candidate's annual Salary.
6.7 Information on Fees
6.7.1 United Kingdom
6.7.1.1 Permanent Placements
The following scale is used to calculate the fee on the basis of the Candidate’s annual salary:
Up to £49,999 gross 18%
£50,000 gross and over 22%
Couples 18% of combined Gross Annual Salary
6.7.1.2. Off-set Refundable towards the full payment Deposit £1506.7.1.3. Temporary Placements (up to 12 weeks)
Single Person: £130 per week or part thereof
Minimum Charge: £50 per person per day
Maternity Nurse: £300 per week6.7.2 International
6.7.2.1 Permanent Placements
25% of Gross Annual Salary6.7.3.2 Temporary International Placements
Single Person: £250 per week
minimum payment £250
6.7.3.3. Off-set Refundable towards the full payment Deposit £400Payment
7.1 Save as provided by sub-Clauses 7.2 and 7.3 below, all payments required to be made pursuant to this Agreement by the Client shall be made within 7 days of the date of the invoice to which those payments relate.
7.2 The Client shall pay all sums due to the Agent in full prior to the commencement of a Candidate’s Engagement, and the Client agrees that a Candidate shall not commence an Engagement until all such sums have been paid and that any such failure to pay and resulting delay in the commencement of the Candidate’s Engagement will not result in a refund.
7.3 Where a Candidate is due to commence Engagement with a Client in a country other than the United Kingdom, the Agent must be in receipt of cleared funds of the Fees prior to their departure of the Candidate from their Country of Residence.
7.4 Fees are payable in Pounds Sterling only. The exchange rate shall be the exchange rate on the date of the invoice.
7.6 The time of payment shall be of the essence. If the Client fails to make any payment on the due date then the Agent shall, without prejudice to any right which the Agent may have pursuant to any statutory provision in force from time to time, have the right to charge the Client interest on a daily basis at an annual rate of 10% above the Bank of England base rate from time to time on any sum due and not paid by the due date. Such interest shall be calculated on a daily basis and shall run from day to day and accrue after as well as before any judgment.7.6.1. If the Client fails to make any payment on the due date then the Agent shall have the right not to offer free replacement guarantee for 7 months.
7.6.1. If the Client fails to make any payment on the due date then the Agent shall have the right not to offer free replacement guarantee for 7 months.
Maternity Nurse
Where Candidates are required for the position of a maternity nurse, the Client must confirm the commencement and termination dates of the Engagement in writing and shall pay the nurse for the period between and including those dates regardless of whether the nurse is in fact required for the whole period.
Changes to an Engagement and Subsequent Engagements
9.1 The provisions of this clause 9.1 shall apply where the Client’s Engagement of a Candidate changes:
9.1.1 The Client must immediately notify the Agent of such change and the effective date of the change.
9.1.2 If the Registration Form is dated more than 3 months prior to the date of such change the Agent reserves the right to increase the Fees payable in respect of the new basis of Engagement.
9.2 Where the Engagement of a Candidate is either:
9.2.1 extended by agreement with the Agent; or
9.2.2 has come to an end and the Candidate is re-Engaged by the Client within 6 months of the end of that previous Engagement further Fees shall be payable by the Client to the Agent and the Agent reserves the right to increase the Fees.
Introduction Fee
In the event a Client engages a Candidate for any role other than the Assignment that the Agent placed the Candidate forward for with or without the Agent’s consent, the Client shall be liable to pay the Agent the sum of £150.00 plus VAT.
Referrals
If the Client or a member of the Client’s staff or any associate or acquaintance of the Client passes a Candidate’s details to any other person within 12 months of the Introduction which results in the Engagement of the Candidate by that person, the Client shall pay the Fees in accordance with the Agreement as if the Candidate was Engaged directly by the Client.
Client’s Obligations
The Client shall:
12.1 cooperate with the Agent as may be required in order for the Agent to provide the Services.
12.2 provide full details to the Agent of the work a Candidate will or may be required to undertake.
12.3 notify the Agent immediately if the Client decides to engage a Candidate.
12.4 notify the Agent immediately if the basis of the Client’s Engagement of the Candidate changes.
12.5 satisfy himself as to the suitability of a Candidate and obtain his own references and carry out a Criminal Records Bureau check.
12.6 be responsible for the employment of the Candidate and comply with all employment legislation governing the relationship between employer and employee.
12.7 be responsible for obtaining any medical certificates, work permits or other approvals necessary for the Candidate to work for the Client prior to commencement of the Candidate’s Engagement.
12.8 provide to the Agent a copy of the Candidate’s contract of employment.
12.9 be responsible for the Candidate’s remuneration and, where relevant, the deduction and payment of income tax and National Insurance contributions in accordance with the Income Tax (Earnings and Pensions) Act 2003.
12.10 where necessary, provide adequate levels of supervision to the Candidate in order to enable the Candidate to perform to the Client’s satisfaction and to ensure suitable standards of work.
12.11 to the extent required, comply with all relevant legislation and regulations including, but not limited to, the Health and Safety At Work Act; the Working Time Regulations; the Sex Discrimination Act 1975; the Employment Equality (Sexual Orientation) Regulations 2003; the Race Relations Act 1976; the Employment Equality (Religion and Belief) Regulations 2003; and the Employment Equality (Age) Regulations 2006.
12.12 in addition to the legislation and regulations detailed in sub-Clause 12.9, comply with any and all relevant industry codes of practice
12.13 to the extent required, be responsible for providing suitable Public and Employer’s Liability Insurance cover for the Candidate; and
12.14 inform the Agent immediately if the Agent introduces to the Client a Candidate whose details have been given to the Client by another source. If the Client fails to do so and subsequently Engages the Candidate, the Fees will be payable by the Client.
Agent’s Obligations
The Agent shall:
13.1 supply the Services.
13.2 perform the Services with reasonable care and skill and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
13.3 take reasonable steps to introduce Candidates who are honest, reliable and of sound character, and shall obtain references where reasonably possible, but shall not be responsible for the conduct of Candidates; and
Refunds and Replacements
Refunds
14.1 The Agent does not offer monetary refunds except in extenuating circumstances and at its sole discretion.
Cancellations
14.2 If the Client cancels the placement of a Candidate less than 30 days prior to the agreed date for commencement of the Candidate’s employment, the Agent shall be entitled to 100% of the Fee and the Client shall also be liable to pay the Candidate one weeks’ salary.
14.3 If the Client wishes to cancel the employment of a Candidate due to extenuating circumstances less than 30 days before the Candidate is due to start, the Client must notify the Agent.
The Client shall be liable for paying any amounts due to the Candidate under any contract of employment and the Agency shall be entitled at its discretion to charge up to 40% of the Agency Fee in respect of the work incurred.
Variation and Amendments
15.1 If the Client wishes to vary any details of the Home Registration Form or the International Registration Form they must notify the Agent in writing as soon as possible, and no amendment shall be made to the either form unless agreed in writing by the Agent. The Agent shall use reasonable endeavours to make any agreed changes and any additional costs incurred as a result shall be invoiced to the Client.
15.2 If, due to circumstances beyond the Agent’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Client as soon as is reasonably practicable. The Agent shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
Termination
16.1 The Agent may terminate the Agreement immediately if:
16.1.1 the Client is in breach of any of his obligations hereunder.
16.1.2 the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with his creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of his undertakings or assets.
16.1.3 the Client has become bankrupt or shall be deemed unable to pay his debts by virtue of Section 123 of the Insolvency Act 1986; or
16.1.4 any circumstances whatsoever beyond the reasonable control of the Agent (including but not limited to the termination of the service through no fault of the Agent) arise that necessitate for whatever reason the termination of the provision of Services.
16.2 In the event of te rmination under sub-Clause 16.1 the Agent shall retain any sums already paid to it by the Client without prejudice to any other rights the Agent may have whether at law or otherwise.
Liability
THE CLIENT’S ATTENTION IS DRAWN TO THE PROVISIONS OF THIS CLAUSE 17
17.1 The Agent shall not be liable to the Client or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the Agent's obligations if the delay or failure was due to any cause beyond the Agent's reasonable control.
17.2 The Agent shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
17.3 Except in respect of death or personal injury caused by the Agent’s negligence, or as expressly provided in the Agreement, the Agent shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Agreement, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Agent, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services, and the entire liability of the Agent under or in connection with the Agreement shall not exceed the amount of the Agent’s charges for the provision of the Services, except as expressly provided in the Agreement.
Force Majeure
Neither Party shall be liable for any failure or delay in performing their obligations under Agreement where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, failure of a utility service or transport network, breakdown of plant or machinery, industrial action, civil unrest, act of God, fire, flood, storm, earthquake, act of terrorism, war, riot, civil commotion, malicious damage, governmental action or any other event that is beyond the control of the Party in question.
Waiver
19.1 No waiver by the Agent of any breach of the Agreement by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of the Agreement shall be effective only if given in writing and signed by the waiving Party and then only in the instance and for the purpose for which the waiver is given.
19.2 No failure or delay on the part of any Party in exercising any right, power or privilege under the Agreement shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
Severance
20.1 If any provision of the Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or partprovision shall, to the extent required, be deemed not to form part of the Agreement, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
20.2 If a provision of the Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.Notices
21.1 All notices under the Agreement shall be in writing in English and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
21.2 Notices shall be deemed to have been duly given:
21.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
21.2.2 when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; or
21.2.3 on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
21.2.4 on the tenth business day following mailing, if mailed by airmail, postage prepaid. In each case addressed to the address, email address, or fax number specified in the Registration Form (or to such other address, email address or fax number or person as that party may notify to the other, in accordance with the provisions of this condition).
21.3 Service of any document for the purposes of any legal proceedings concerning or arising out of the Agreement shall be effected by either Party by causing such document to be delivered to the other Party at its registered or principal office, or to such other address as may be notified to one Party by the other Party in writing from time to time.
Entire Agreement
22.1 The Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
22.2 Each Party acknowledges that, in entering into the Agreement, it has not relied on any statement, representation, assurance or warranty (‘Representation’) of any person (whether a Party to this agreement or not) other than as expressly set out in the Agreement. Each Party agrees that the only remedies available to it arising out of or in connection with a Representation shall be for breach of contract.
22.3 Nothing in this condition shall limit or exclude any liability for fraud.
Rights of Third Parties
A person who is not a Party to the Agreement shall not have any rights under or in connection with it.
Law and Jurisdiction
24.1 The Agreement shall be governed by and construed in accordance with the law of England and Wales.
24.2 Any dispute between the Parties relating to the Agreement shall fall within the jurisdiction of the courts of England and Wales.
