Nanny Placement UK terms
Terms of Service
Introduction
Please review these Terms of Service carefully. By accessing and utilising this service, you confirm your acceptance and agreement to comply with the terms outlined in this document. Additionally, when using specific features of this service, you will also need to adhere to any relevant guidelines or rules associated with those features. Participation in this service signifies your agreement to these terms. If you do not agree to abide by these Terms and Conditions, please refrain from using our service.
About Us
Welcome to “Evelyn & Bloom UK Ltd,” a childcare agency that specialises in connecting families with Nannies, Maternity Nurses, and Mothers' Helpers across London & U.K. This service is managed by Evelyn & Bloom Ltd. and Evelyn & Bloom UK Ltd. (referred to collectively as “we,” “us,” or “our”). These Terms of Service are supplementary to our Privacy Policy and Website Terms & Conditions and apply exclusively to the temporary or permanent placement of childcare providers within the UK. Before engaging with our services, please read these terms thoroughly and retain a copy for your reference. In case of any discrepancies among our Website Terms & Conditions, these terms will take priority.
1. Definitions
“Act” Refers to the Conduct of Employment Agencies and Employment Businesses Regulations 2003
“Agency” Refers to Evelyn & Bloom Ltd. and Evelyn & Bloom UK Ltd.
“Candidate” A Nanny, Mothers' Helper, Maternity Nurse, or other domestic worker (excluding au pairs) introduced to a Client by the Agency, either verbally or in writing.
“Client” Any individual or organization to whom the Agency introduces a Candidate.
“Commencement Date” The starting date of a Candidate’s engagement.
“Confidential Information” Data provided by one party to the other in various forms, including written, recorded, or digital formats, about their business operations, finances, or other proprietary information. Publicly available information or information disclosed by legal authorities is excluded.
“Engagement” The arrangement by which a Client hires or employs a Candidate.
“Full-Time Candidate” A Candidate working over 35 hours weekly.
“Fees” Payments made by the Client to the Agency for services provided.
“Notice of Termination” Notice given to the Candidate in writing notifying end of Engagement.
“Offer” Refers to the offering of a job to a Candidate in writing.
“Overseas” Refers to locations outside the United Kingdom.
“Overseas Placement” Assigning a Candidate to work with a Client residing outside the UK.
“Part-Time Candidate” A Candidate working up to 35 hours weekly.
“Permanent Placement” Engagements lasting more than 12 weeks.
"Replacement" A Candidate that is provided in place of another Candidate.
“Temporary Placement” Engagements lasting up to 12 weeks.
“Website” Refers to www.evelynandbloom.com/www.evelynandbloom.co.uk/www.evelynandbloom.de
2. Scope of Services
2.1. Agreement Overview
These Terms form the complete agreement between the Agency and the Client for introducing Candidates. They are considered accepted once the Client:
- Requesting the Agency to provide details of Candidates; or;
- Contacts a Candidate;
- Extends a job offer to a Candidate (the “Offer”); or
- Shares Candidate information with a third party following an introduction.
2.2 Any changes to these Terms must be agreed upon in writing.
3. Fees
3. 1. Permanent Placement Fees: The introductory fee is set at 18% of the Candidate’s annual net salary as outlined in Schedule 1.
3.2. Temporary Placement Fees: are set at £35 per day or £200 per week (calculated at the lesser rate depending on requirements).
3.3. Fees for Temporary Placements are calculated based on the agreed engagement dates. Extensions require notification to the Agency, and additional charges will apply. The total Fee payable for a Temporary Placement shall be no greater than the Fee would be for an equivalent Permanent Placement.
3.4 If a Candidate is hired within 12 months of an introduction or after a Temporary Placement, applicable fees will be charged per Schedule 1.
3.5. Clients must notify the Agency once a Candidate accepts an offer, providing full details of remuneration and engagement terms.
3.6. Payment of fees is due within seven days of invoice issuance and must precede the Candidate’s engagement. Fees for overseas placements are due before travel arrangements.
3.7 In the event that the Client does not pay the Fee within the required time in accordance with Clause 3.6 above, the Client shall not be entitled to commence the Engagement with the Candidate nor will the Candidate remain available for the Client.
3.8. Late payments are subject to an 8% monthly interest charge above the Bank of England base rate. In the event that a Client fails to pay a Fee which is due, then they shall be liable for all legal and other costs incurred by the Agency in acting to recover such Fees.
4. Agency and Client Responsibilities
4.1 The Agency acts solely as an introductory service. Fees cover the introduction process and do not extend to employment contract preparation or employment duration guarantees (subject to Clause 5 below).
4.2 The Agency will interview Candidates, take up references, check for appropriate qualifications and criminal record checks, assess attitude and experience, inform Candidates of the nature of the role, and check that Candidates are willing to work in the position which the Client seeks to fill.
4.3 The Agency will make every effort to connect the Client with Candidates who are well-suited to their requirements, based on the details provided by both parties. In doing so, the Agency will share any relevant information about the Candidate that has been disclosed to them. However, the Agency cannot guarantee the accuracy of the information supplied by Candidates or third parties. It is ultimately the Client's responsibility to make the final decision on hiring a Candidate. The Client is strongly advised to verify all documentation, details, and references independently. Additionally, the Client must ensure that any necessary work permits or authorizations for the Candidate are obtained. The Agency makes no assurances regarding the suitability, reliability, character, or competence of any Candidate.
4.4 If the Client specifies a need for a Candidate qualified to drive, the Agency will provide information about Candidates who claim to hold a valid UK driving license and will attempt to obtain a copy of the license. However, the Agency does not guarantee the Candidate's driving skills or qualifications. The Client is responsible for assessing the Candidate’s driving ability, verifying their credentials, and ensuring they have adequate insurance coverage.
4.5 Although the Agency strives to meet the Client’s requirements, it is not obligated to introduce any Candidates to the Client. The Agency reserves the right to decline providing Candidate information at its sole discretion.
4.6 The Client is responsible for adhering to all applicable employment laws, regulations, and tax requirements. This includes but is not limited to national insurance contributions and all payments made to a Candidate as part of their engagement.
4.7 The Agency acts solely as an intermediary and is not responsible for the employment agreement between the Client and the Candidate. Any contract must be arranged directly between the two parties. The Agency may provide a sample contract template for guidance, but it is to be used as an example only. After the Client and Candidate finalize their agreement, the Client must provide the Agency with a copy, as required by the Conduct of Employment Agencies and Employment Businesses Regulations 2003 ("the Act"). The Agency is obligated under the Act to retain a copy of the employment contract.
4.8 The Client is responsible for negotiating and confirming the Candidate's compensation and terms of employment before finalizing the engagement. The Client must ensure that all conditions regarding taxation, national insurance, work hours, holidays, sick leave, accommodation, pay, notice periods, travel requirements, duties, and grievance procedures are provided in writing to the Candidate at the time of engagement.
4.9 If the Agency introduces a Candidate already known to the Client through another party, the Client must immediately inform the Agency. Failing to do so will allow the Agency to assume it made the introduction, and the Client will be liable for the applicable fee.
4.10 Clients who agree to these Terms & Conditions are not obligated to work exclusively with the Agency and may engage other agencies or conduct independent Candidate searches.
5. Replacements and Refunds
5.1 The Agency does not guarantee that a Candidate will complete a specified duration of Engagement, nor does it assure the Candidate that the Client will retain them for a set period. The Fee charged covers the search, background checks, and introduction of Candidates to the Client. It is not contingent on the duration of the Engagement, except as outlined in Clause 5.3.
5.2 If a Permanent Placement ends within six weeks of the Commencement Date for the following reasons:
(i) The Client terminates the arrangement on what the Agency deems reasonable grounds; or
(ii) The Candidate terminates the arrangement for reasons not covered under Clause 5.6,
the Client will be entitled, subject to availability, to a one-time replacement Candidate (the "Replacement") at no additional cost. To qualify, the Client must notify the Agency in writing (via post or email) within two (2) working days of the Engagement’s termination (“Notice of Termination”). Only one free Replacement will be provided per Fee paid.
5.3 If the Agency cannot provide a suitable and available Replacement Candidate within four (4) weeks of receiving the Notice of Termination, the Client may be eligible for a partial refund of the Fee. The refund amount will depend on the date of termination of the Engagement, as follows:
- Engagement terminated within 4 weeks: 60% of the Fee refunded
- Engagement terminated within 8 weeks: 30% of the Fee refunded
- Engagement terminated within 12 weeks: 20% of the Fee refunded
5.4 The Client will not be entitled to any refund if they decline a suitable Replacement offered by the Agency or if the Engagement is terminated more than 12 weeks after the Commencement Date.
5.5 If the Client fails to pay the Fee within the agreed timeframe as outlined in Clause 3.6, they forfeit their right to any refund or Replacement Candidate.
5.6 The Client will not be entitled to a free Replacement or refund if the Candidate leaves for the following reasons:
- Misconduct or breach of the Terms by the Client
- The Client provides false or misleading information (whether on the application form or otherwise)
- The Client unilaterally changes the Candidate’s location of employment, agreed working hours, or job description
- The Client fails to provide the Candidate with a contract of employment
5.7 Clause 5 also applies to Temporary Placements, with the following adjustments:
- A free Replacement will only be offered if the Candidate has completed less than 50% of their agreed Engagement days and the Engagement ends within two (2) weeks of the Commencement Date.
- If no suitable Replacement is available, the Agency will refund 50% of the Fee.
- If the Candidate has completed more than 50% of the agreed Engagement days upon termination, the Client will not be eligible for a free Replacement or refund.
6. Trial Periods and Cancellations
6.1. Clients may conduct a trial period of up to 14 days for Permanent Placement Candidates at the Temporary Placement Fee. This fee will be deducted from the Permanent Placement Fee if the trial is successful. The Candidate should be paid directly for their time as well. If a trial period is arranged or extended for beyond fourteen days, then the Client shall continue to pay a Temporary Placement Fee for the full trial period.
6.2. If a Client cancels an engagement after confirming terms, an administrative fee of £250 will apply which is due to be paid within 7 days of cancellation or the 8% monthly interest will be applied. Full refunds are provided only if the Candidate cancels the engagement before commencement.
6.3. Cancellations for overseas placements after travel arrangements will require reimbursement of associated costs.
7. Liability and Confidentiality
7.1. The Agency shall endeavor to introduce Candidates who are suitable for the Client’s requirements. However, the Agency is providing services solely for the purpose of introducing Candidates to the Client, and the final decision to employ a Candidate is the sole responsibility of the Client. The Agency shall not be liable for any costs, damages, losses (including loss of earnings), injury (unless due to the Agency’s negligence), or misconduct related to the introduction of the Candidate to the Client. It is also not responsible for any inaccuracy in the information provided by the Candidate or any third party. Or from failure to introduce a Candidate. In no circumstances shall the Agency have any liability to the Client beyond the value of the Fee paid. The Agency does not accept liability for death or personal injury resulting from its negligence.
7.2. All information provided by the Agency to the Client is confidential and must not be passed to a third party directly or indirectly (unless required by a law enforcement agency). If the Client passes confidential information on to a third party resulting in the engagement of a Candidate by a third party within one year of the Client being introduced to the Candidate, then agency fees shall become payable by the Client.
8. Privacy
Data Protection: The Agency complies with the Data Protection Act (1998) and General Data Protection Regulation (GDPR) as outlined in its Privacy Policy www.evelynandbloom.com/en/privacy-policy-copy. You consent to the Agency holding and processing your personal data (including sensitive personal data) on the basis set out in the Privacy Policy.
9. Force Majeure
The Agency shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide care caused by a death, illness, Government edict or regulation.
10. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
11. Law and Jurisdiction
These Terms are governed by English law, and disputes are subject to the exclusive jurisdiction of the English courts.
12. Notices
You can contact us by any of the following methods:
Email: hello@evelynandbloom.com/info@evelynandbloom.co.uk
Post: Evelyn & Bloom Ltd, Suite A
82 James Carter Road
Mildenhall
Suffolk
IP28 7DE
United Kingdom
Telephone: +44759375280
Schedule 1: Fee Structure
Role: Live-in Nannies,· Live-out Nannies,· Maternity Nurses,· Mothers Help
- Permanent Placements (full or part time): 18% of the Candidate’s annual net salary.
- Temporary Placements: £35 per day or £200 per week (whichever is less).
Thank you for trusting Evelyn & Bloom Ltd & Evelyn & Bloom UK Ltd. for your childcare placement needs.