Terms of service
Terms & Conditions of Service.
This agreement is between Pickle Jobs Ltd. also known as The house of Yaya (‘The Agency’) and the Employer (‘The Family’). These terms and conditions represent a legally binding contract between The Family and The Agency. The verbal or written instruction by the Family to the Agency to submit suitable candidates for contact or interview constitutes acceptance by the Client of these terms and conditions, which are non- negotiable. The term ‘Candidate’ means a Nanny, housekeeper, carer or Person introduced by the Agency.
The Family agrees to notify the Agency if:
– a Candidate introduced through the Agency has been offered employment by the Family
– a Candidate introduced through the Agency has had an employment period extended or re-contracted by the Family
– a Candidate introduced to the Family through the Agency has been introduced to any friend/family/acquaintance of the Family and thereafter offered employment via that introduction.
The Family agrees that any employment arrangement with a Candidate introduced through pickle jobs Ltd. within 12 months of the initial introduction by the Agency, will generate agency fees payable immediately according to these Terms and Conditions of Business.
Fees
Rather than charge a percentage of the nannies annual salary, we have a simple, fixed one-off fee. Our all-in-one service covers all aspects of employing staff, including salary negotiations, as well as the safety net that should it not work out for whatever reason, we can arrange for a replacement nanny for you at no additional costs.
Permanent placement fee: £3500 plus VAT which includes a 3 month safety net.
Search Fee: A £300 (plus VAT) search fee is required to commence your search. Should we be successful in finding you a nanny, carer or housekeeper the balance of £3500 plus VAT is payable. This is a one-off payment, which is payable once your chosen candidate has accepted their offer of employment with you.
VAT: 20% VAT will be added.
International placements: We charge a search fee of £500 plus VAT, along with a placement fee of £4,500 plus VAT. The placement fee is payable upon acceptance of the offer and is required irrespective of the visa approval process.
Trials: Where a Client wishes to Engage a Candidate on a trial basis before committing to a Permanent Engagement (“a Trial Engagement”) the Client agree;
– The maximum Trial duration is 2 days, unless agreed otherwise
– If a Candidate is engaged on a trial basis for a period of more than 2 day and the Trial Engagement does not become permanent then the fee chargeable will be calculated on the basis of a Temporary Engagement. If the Trial Engagement does become permanent then the balance of the fee for a Permanent Engagement is payable immediately upon the rendering of the Agency’s invoice.
Temporary/Babysitting: All temporary or Babysitting bookings incur a fee of £40 per day.
If a temporary booking is extended in duration beyond the confirmed finish date, the Family is responsible for informing the Agency and is liable for any additional fees. If a temporary nanny or babysitter introduced through Pickle Jobs Ltd. is offered additional employment, be that babysitting work, temporary nanny work, temporary housekeeping or a permanent employment, the Family is responsible for informing the Agency and is liable for any additional fees due.
Placement fee Payment
Invoices are generated once an offer of employment has been made and accepted by the Candidate. All invoices are payable within 7 days in order to confirm the booking or 48 hrs prior to the role commencement, whichever is earlier. If payment has not been received within 7 days of the offer of employment, the Agency may decide to resume the candidates job search in order to protect the candidates livelihood. If payment is more than 2 weeks overdue, the Agency’s Replacement Guarantee will no longer apply to the placement. Unpaid accounts will incur all collection costs.
Cancellations
After an offer of employment has been accepted either verbally or in writing, if the Family cancels the employment giving 30 or more days’ notice (in writing) before the start date of employment, the agency reserves the right to charge 30% of the fee for the work incurred. If the Family cancels the permanent employment giving 29 days or less notice (in writing) before the start date of employment, the full fee is payable, and one weeks’ salary is payable to the candidate. If the candidate cancels a permanent employment contract before the start date of employment for reasons outside of the Family’s control, the Agency will replace the original candidate and will offer another free replacement in accordance with these terms and conditions. After an offer oftemporary employment has been confirmed, if the family cancels all or part of the booking the fee paid will be forfeit. If less than 48hrs notice of the cancellation is given to the candidate (in writing), the Family is liable to pay the candidate the agreed rate for the days booked. If the candidate cancels the employment before the start date of temporary employment, the Agency offers a full refund minus £300 work/administration fee or a Replacement.
Replacement policy
The Agency has a comprehensive and successful replacement procedure, covering the Family for 3 months from the commencement of the candidates employment. Whilst the Agency makes every reasonable effort to ensure the suitability of Candidates, Families are strongly advised to extensively interview and take up references to their own satisfaction before employing a Candidate. The final decisionon the suitability of the Candidate is the sole responsibility of the Family and the Agency cannot guarantee the suitability of a Candidate. The Agency offers no warranty for the character or suitability of a Candidate once an engagement has commenced. The Agency offers one free replacement Candidate per permanent booking fee paid, providing the following conditions have been met:
a.) The invoice has been settled in full prior to the commencement of employment.
b.) The existing Candidate has been employed by the Family for a period of less than three months.
(b.1) Should the Family continue to employ the existing Candidate throughout their replacement search but in excess of the three month guarantee period, temporary fees will apply.
c.) As per the Conduct of Employment Agencies Act and Employment Business Regulations 2003 the Family has provided the candidate and the Agency with a copy of a signed employment agreement specifying the conditions of employment between employee and employer.
- d) If the Family has terminated the employment, the Family has carried out a performance review prior to the end of the 3month probation period and has outlined the areas requiring improvement along with clarification of the acceptable level of performance. This review and summary of improvements required has been provided in writing via email to both the Candidate and the Agency on or before the 3 month review date.
e.) If the Family has terminated the employment, the Family has followed the disciplinary rules, procedure and dismissal procedure included as required by law in the employment agreement.
- f) The Candidate has not left the position due to unreasonable demands, a change in the location originally required, breach or change of contract or job description, or verbal or physical abuse.
During the replacement search the Agency agrees to supply no fewer than three Candidate profiles for the Family’s selection. Replacement candidate profiles will be sent within 2 months of the Candidates’ departure from the position and will be sourced based on the original job description provided to the Agency by the Family.
The Agency is dedicated to sourcing suitable replacement candidates and has a very high success rate. However, we accept no liability if the Family deems the replacement Candidate profiles to be unacceptable.
Liability
Whilst the Agency makes every reasonable effort to ensure the suitability of Candidates, Families are strongly advised to extensively interview and take up references to their own satisfaction before employing a Candidate. The final decision on the suitability of the Candidate is the sole responsibility of the Family and the Agency cannot guarantee the suitability of a Candidate. The Agency offers no warranty for the character or suitability of a Candidate once an engagement has commenced.
The Agency is an introduction and booking agency only. Employees are not directly or indirectly employees of the Agency. The Family is the Employer and has final responsibility for ensuring the Candidates suitability for the role. Whilst the Agency makes every reasonable effort to ensure the suitability of Employees, Families are advised to take up references and document checks to their own satisfaction as once an engagement has commenced the Agency cannot be held responsible for any loss, damage, personal injury, clash of personalities or for any other circumstance that may arise beyond its control and which should be resolved between employer and employee.
Tax
As the Employer the Family is responsible for the administration and payment of the Candidates’ tax, pension and national insurance contributions. Confidentiality All introductions made by Pickle Jobs ltd are confidential. Families introducing Candidates to third parties or passing on names, addresses, telephone numbers or e-mail details will be liable for the payment of our agency fees for any resulting engagement as if the agency had made the introduction, and these Terms and Conditions shall apply accordingly.
General
These Terms and Conditions of Business shall be governed by and construed in all respects in accordance with the laws of England and the Client agrees to submit to the exclusive jurisdiction of the English courts. The Agency reserves the right to change these Terms and Conditions of Business without prior notification.
Data Processing, Consent & Confidentiality
The Client consents to the holding and processing of Personal Data (including sensitive Personal Data) as defined in Data Protection Legislation which relates to it (the Client) by the Agency in accordance with the provisions of the Data Protection Legislation about the processing of Personal Data.
The Agency shall process Personal Data you (the Client) supply for the purpose of effecting introductions between Candidates and Clients, or otherwise acting to fulfil the Services. The Parties acknowledge that they are each a Data Controller for the Agreed
Purpose.
By agreeing to the terms of this contract, the Client is confirming that they will be fully compliant with the Data Protection Legislation and will ensure that the rights of their Data Subjects under the Data Protection Legislation are observed, including outside the UK. All information provided by either party to the other, including but not limited to any Personal Data relating to the Candidate or the Client, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Candidate (as the case may be).
Each Party shall, in respect of Personal Data which it collects from the Data Subject and provides to the other Party and before it provides that Personal Data, ensure that its privacy notices are provided to the Data Subjects and that those privacy notices meet all the requirements of Data Protection Legislation to allow the Personal Data to be lawfully shared and Processed by the Parties for the purposes of this Agreement.
By entering into this Agreement the Client is providing explicit consent to the Agency to share their full name, telephone and/or mobile number, and home address to any prospective Candidates which the Client confirms to the Agency they wish to meet or interview. The Client also provides its explicit consent to emails being sent from the Agency to the Client’s email address. Some of these emails may contain Personal
Data.
The Agency will always seek a Candidates consent to submit their personal details to the Client for the sole purpose of facilitating the obligations of each party under these Terms and Conditions of business. The consent will allow the Client to retain these Personal Data for the duration of the valid introduction period. At the end of that period, the Client must destroy the Personal Data or arrange for further consent to be obtained from the Candidate.
The Parties shall take appropriate technical and organisational measures to adequately protect all Personal Data against accidental loss, destruction or damage, alteration or disclosure.
The Client shall notify the Agency within 72 hours if a Data Subject or Regulator raises any enquiry, concern or complaint about how the Client or the Agency has handled the Shared Personal Data. The Client shall provide full co-operation andassistance to the Agency in relation to any enquiry, concern or complaint raised.
Public Liability Insurance
The Agency recommends that the Family ensures their Employee has current Public Liability insurance with a minimum limit of £1M.