1. In these Terms and Conditions of Business the following definitions apply:
“Candidate” means the person introduced by the Company to the Client for an Engagement including any officer or employee of the Candidate if the Candidate is a limited company and members of the Company’s own staff.
“Client” means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Candidate is introduced.
“Company” means Guardian Angels Childcare Ltd, Registration Number 9836377. Office address Luminous House, 300 South Row, Milton Keynes MK9 2FR.
“Engagement” means the engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services.
“Introduction” means (i) the Client’s interview of a Candidate in person or by telephone, following the Client’s verbal or written instruction to the Company to search for a Candidate; or (ii) the passing to the Client by the Company via telephone, fax, email, post or otherwise of a curriculum vitae or other information which identifies the Candidate.
“Registration” means the completion of an application of a Candidate in person or by telephone, following the Candidates verbal or written instructions to the Company to search for potential employers.
Unless the context requires otherwise, references to the singular include the plural.
2. The Company undertakes business on the following terms which shall represent a legally-binding contract between the Company and the Candidate. These Terms and Conditions of Business should be read in conjunction with the schedule headed “Nanny and Babysitters guidelines” which forms part of these terms of business.
3. The Company is not an employer of Childcarers but acts as an introduction agent of Childcarers to its Clients.
4. The Candidate will be deemed to have accepted the Company’s Terms and Conditions of Business when registration takes place.
5. Candidates are introduced by the Company 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.
6. The Candidate undertakes to inform the Company of any offer of Engagement to a Client including the start date of the Engagement. The Candidate must agree with the Client prior to the commencement of the Engagement details of all material terms including duties, pay, hours and place of work, holidays and notice period. The Company will assume that all details of the Engagement have been agreed between the Candidate and the Client unless the Candidate informs the Company in writing to the contrary prior to the commencement of the Engagement.
7. All information provided by the Company including personal details of Candidates should be and will treated as strictly confidential.
8. Records of all Introductions are kept by the Company. The Candidate undertakes to inform the Company immediately should the Company introduce a Client whose details have already been introduced to the Candidate from another source.
9. Should the Candidate cancel a permanent or temporary or Engagement once employment has commenced, will be subject to terms of the contract between the candidate and the client.
10. Should the Candidate in a permanent Engagement leave, or be asked to leave by the Client, within 8 weeks of the date of commencement of the Engagement (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation), will be subject to the contract between the Candidate and the Client.
a) Should the Candidate in a temporary Engagement leave, or be asked to leave by the Client within the invoiced period (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation), will be subject to the contract between the Candidate and the Client.
11. The Company cannot guarantee that the Client will complete his or her proposed length of Engagement.
12. The Company shall not accept any Liability under any circumstances for any Losses (whether direct, indirect or consequential or otherwise) incurred or suffered by the Candidate, or any other person, arising out of any alleged or actual acts or omission of the Client or of the Company. The Candidate shall indemnify and hold harmless the Company and its Personnel against all Liability and Losses. For the purposes of this clause "Losses" means demands, expense, damage, delay, claims, awards, costs, compensation and any other losses and expenses including legal fees. "Liability" means liability in contract, tort, breach of statutory duty or otherwise. "Personnel" includes directors, officers, employees, agents, shareholders and representatives. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising directly from its own negligence.
13. If either the Company or the Candidate waives any breach committed by the other party of these Terms and Conditions of Business that will not be deemed to be waiver of any subsequent similar breach or of any other breach at any time.
14. No variation or alteration to these Terms and Conditions of Business shall be valid unless the details of such variation are agreed between the Company and the Candidate and are set out in writing and a copy of the varied terms is given to the Candidate duly signed by a Director of the Company stating the date on or after which such varied terms shall apply.
These Terms and Conditions of Business are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales. © (Guardian Angels Childcare Ltd) All Rights Reserved.