TERMS AND CONDITIONS OF BUSINESS OF NANNILY
1 DEFINITIONS
The following expressions shall have the following meanings:
1.1 “Agent” means NANNILY (Proprietors Nicola Melbourne, Amy Matthews and Heather Wingfield) of 16 Stanley Road, Sheffield, South Yorkshire S35 2XD;
1.2 “Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Conditions.
1.3 “Client” means you, acting on behalf of your family and who wishes to use the Services of the Agent to appoint a Nanny;
1.4 “Conditions” means these terms and conditions and any relevant provisions that may be posted on the Website from time to time (pursuant to Condition 3.4);
1.5 “DPA” means the Data Protection Act 1998;
1.6 “Data Controller” means the Agent;
1.7 “Nanny” means a person with appropriate qualifications and/or experience to provide childcare as a nanny;
1.8 “Registration Form” means the ‘Family Registration Form’ available on request or on the Website completed and signed by the Client;
1.9 “Services” means the agency services provided by the Agent; being the matching of Client and Nannies on an agency basis;
1.10 “Website” the URL www.nannily.co.uk
1.11 Any reference to writing or written in these Conditions shall include email correspondence
2 GENERAL
2.1 These Conditions shall apply to the Agreement for the supply of Services by the Agent to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Conditions must be agreed in writing by the Agent.
2.3 These Conditions shall apply to any Registration Form signed and returned to the Agent by the Client.
2.4 Nothing in these Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3 REGISTRATION FORM
3.1 The Registration Form is sent with these Conditions or available for printing on the Website.
3.2 When the Registration Form has been received by the Agent and accepted pursuant to Condition 3.4 the Agent will contact the Client to check that Services are still required and that the details provided by the Client on the Registration Form are still accurate. Any change to the Registration Form will require the Client to resubmit a signed Registration Form, which will also be subject to acceptance pursuant to Condition 3.4.
3.3 The Agent reserves the right to make amendments to the Registration Form submitted by the Client pursuant to Condition
3.2. The Client shall review the amendments and sign and return the Registration Form if agreed.
3.4 The Agreement between the Agent and the Client, incorporating these Conditions, shall only come into force when the Agent confirms acceptance in writing to the Client.
4 SERVICES
4.1 The Services are as described in the Registration Form as agreed pursuant to Condition 3.4
4.2 Any variation to the Services will be formalised by provision of an amended Registration Form for signature and return by the Client. Condition 3.4 shall also apply to such amendment.
4.3 The Agent shall use reasonable endeavours to provide the Services.
5 PRICE AND PAYMENT
5.1 The fee for the Services will be payable by the Client upon confirmation from the Client or Nanny that a placement has been made. The fee will be payable even if the Nanny will not commence employment (temporary or permanent) until a later date.
5.2 The fee for the Services will be at the rate prevailing on the website at the time specified in Conditions 5.1 and is exclusive of VAT which shall be paid by the Client if included on the invoice.
5.3 If the fees paid relate to a temporary placement of a Nanny who then becomes a permanent employee of the Client within 6 months from the date of the initial introduction the Client shall pay the difference between the temporary and permanent placement fees at the time of the change in employment status.
5.4 The terms for payment are 14 days from the date of invoice. All fees invoiced shall be paid by cheque or Bank Transfer in the currency shown on the invoice.
5.5 The Client will pay interest on all late payments at a rate of 8% until payment whether or not following judgement.
5.6 The Agent is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Agent is late.
5.7 If the Nanny is unable to commence employment following payment of the fee by the Client the Agent shall use reasonable endeavours to provide a suitable replacement. If this is not possible, the Agent shall refund fees paid save for an administration fee.
6 CLIENT OBLIGATIONS
6.1 The Client warrants that he/she has Parental Responsibility (or such provision as relevant to the Jurisdiction) for all children referred to in the Registration Form.
6.2 The Client agrees to cooperate with the Agent as may be required.
6.3 The Client shall provide full details to the Agent of the work required of the Nanny.
6.4 The Client shall notify the Agent immediately in writing should it choose to place a Nanny introduced by the Agent.
6.5 The Client agrees to pay the fee as described on the Website on the placement of a Nanny.
6.6 If the Client or a member of the Client’s family or staff or any acquaintance or associate of the Client, passes on an introduction to any other person or persons within six months of the Nanny’s introduction to the Client by the Agent, resulting in the engagement of the Nanny, the Client shall be liable for payment of the full fee in accordance with the fees described on the Website for permanent placements.
6.7 The Client is responsible for the employment of the Nanny, this includes the contract of employment, and ensuring that they comply with and respect all applicable laws and regulations in relation to the employment.
6.8 The Client is responsible for paying any income tax and National Insurance relating to the employment of the Nanny.
6.9 The Client is responsible for obtaining any medical certificates, work permits or other approvals necessary for the Nanny prior the commencement of employment.
7 AGENT OBLIGATIONS
7.1 The Agent shall perform the Services with reasonable skill and care and to a reasonable standard.
7.2 The Agent will take all reasonable steps to introduce Nannies who are of sound character, honest and reliable but cannot be held responsible for the conduct of a Nanny.
7.3 The Agent shall obtain references from each Nanny but the Client must satisfy them selves as to the ultimate suitability of a Nanny.
8 WARRANTY
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
9 LIMITATION OF LIABILITY
9.1 Nothing in these Conditions shall exclude or limit the liability of the Agent for death or personal injury, however the Agent shall not be liable for any direct loss or damage suffered by the Client or any third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Agent in the insurance year in which the Clients claim is first notified.
9.2 The Agent accepts no liability for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act or omission by any Nanny introduced to the Client by the Agent.
10 INDEMNITY
The Client shall indemnify the Agent against all claims, costs and expenses that the Agent may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Conditions.
11 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
12 ASSIGNMENT
The Agreement is personal to the Client and the Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.
13 THIRD PARTY RIGHTS
Nothing in these Conditions intends to or confers any rights on a third party.
14 SEVERANCE
If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
15 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Conditions.
16 NOTICES
Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Registration Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
17 ENTIRE AGREEMENT
These Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
18 GOVERNING LAW
These Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
19 PRIVACY POLICY
Please read the following carefully to understand the Agent’s views and practices regarding personal data and its treatment.
19.1 The Agent is committed to protecting and respecting the Client’s privacy.
19.2 These Conditions set out the basis on which any personal data collected from the Client, or that the Client provides to the Agent, will be processed by the Agent.
19.3 The Agent may collect and process the following data about the Client:
19.3.1 Information that the Client provides by filling in forms on the Website;
19.3.2 If the Client contacts the Agent, the Agent may keep a record of that correspondence;
19.3.3 The Agent may also ask the Client to complete surveys that the Agent uses for research purposes, although the
Client does not have to respond to them;
19.3.4 Details of Services the Client carries out through the Website and of the fulfilment of the Agreement.
19.4 The data that the Agent collects from the Client may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who works for the Agent or for one of the Agent’s suppliers. Such staff maybe engaged in, among other things, the fulfilment of the Client’s Agreement, the processing of the Client’s payment details and the provision of support services. By submitting the Client’s personal data, the Client agrees to this transfer, storing or processing. The Agent takes all steps reasonably necessary to ensure that the Client’s data is treated securely and in accordance with this privacy policy.
19.5 Unfortunately, the transmission of information via the Internet is not completely secure. Although the Agent will do their best to protect the Client’s personal data, they cannot guarantee the security of data transmitted to the Website; any transmission is at the Client’s own risk. Once the Agent has received the Client’s information, they will use strict procedures and security features to try to prevent unauthorised access.
19.6 The Agent uses information held about the Client in the following ways:
19.6.1 To ensure that content from the Website is presented in the most effective manner for the Client and the Client’s
computer.
19.6.2 To provide the Client with information, products or services that the Client requests from the Agent or which the
Agent feels may interest the Client, where the Client has consented to be contacted for such purposes.
19.6.3 To carry out the Agent’s obligations arising from any contracts entered into between the Client and the Agent.
19.6.4 To allow the Client to participate in interactive features of the Service, when they choose to do so.
19.6.5 To notify the Client about changes to the Agent’s Services.
19.7 If the Client is an existing client, the Agent will only contact them by electronic means (e-mail or SMS) with information about goods and services similar to those that were the subject of a previous Agreement with the Client.
19.8 If the Client does not want the Agent to use their data in this way, or to pass their details on to third parties for marketing purposes, the Client should tick the relevant box situated on the form on which the Agent collects their data (the Registration Form).
19.9 The Agent may disclose the Client’s personal information to third parties: 19.6.4 To allow the Client to participate in interactive features of the Service, when they choose to do so.
19.9.1 In the event that the Agent sells or buys any business or assets, in which case the Agent may disclose the Client’s
personal data to the prospective seller or buyer of such business or assets.
19.9.2 If the Agent or substantially all of its assets are acquired by a third party, in which case personal data held by it
about its Clients will be one of the transferred assets.
19.9.3 If the Agent is under a duty to disclose or share the Client’s personal data in order to comply with any legal
obligation, or in order to enforce or apply these Conditions and other Agreements; or to protect the rights,
property, or safety of the Agent, their Clients, or others. This includes exchanging information with other
companies and organisations for the purposes of fraud protection and credit risk reduction.
19.10 The Client has the right to ask the Agent not to process the Client’s personal data for marketing purposes. The Agent will usually inform the Client (before collecting the Client’s data) if the Agent intends to use the Client’s data for such purposes or if the Agent intends to disclose the Client’s information to any third party for such purposes. The Client can exercise their right to prevent such processing by checking certain boxes on the forms the Agent uses to collect their data. The Client can also exercise the right at any time by contacting the Agent at info@nannily.co.uk.
19.11 The Website may, from time to time, contain links to and from the websites of the Agent’s partner networks, advertisers and affiliates. If the Client follows a link to any of these websites, the Client should note that these websites have their own privacy policies and that the Agent does not accept any responsibility or liability for these policies. The Client should check these policies before submitting any personal data to these websites.
19.12 The DPA gives the Client the right to access information held about them selves. The Client’s right of access can be exercised in accordance with the DPA. Any access request may be subject to a fee of £10 to meet the Agent’s costs in providing the Client with details of the information the Agent holds about the Client.
19.13 Any changes the Agent may make to the privacy policy in the future will be posted on the Website and, where appropriate, notified to the Client by e-mail.