Terms & Conditions of Service.

1. Agreement

This agreement is between Pickle Jobs Ltd, otherwise known as The House of Yaya (the “Agency”), and the Employer (the “Family”).

These Terms & 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 Family of these Terms & Conditions.

The term “Candidate” means a nanny, housekeeper, carer or other person introduced by the Agency.

2. Candidate introductions

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; or
• a Candidate introduced to the Family through the Agency has been introduced to any friend, family member or acquaintance of the Family and thereafter offered employment through that introduction.

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 in accordance with these Terms & Conditions.

3. Fees

Rather than charging a percentage of the nanny's annual salary, the Agency operates a simple fixed one-off permanent placement fee.

The service is intended to cover the recruitment and placement process, including salary negotiations and the replacement provision described in these Terms & Conditions.

Permanent placement fee

The permanent placement fee is £5,300 plus VAT.

This is a one-off payment and is payable once the chosen Candidate has accepted the Family's offer of employment.

Payment of the search fee

A £300 plus VAT search fee is required to commence the search.

If the Agency is successful in finding a nanny, carer or housekeeper, the balance of the £5,300 plus VAT placement fee becomes payable in accordance with these Terms.

VAT

VAT will be added at the applicable rate.

4. International placements

For international placements, the Agency charges:

• £500 + VAT search fee; and
• £5,800 + VAT placement fee.

The placement fee is payable upon acceptance of the offer and is required irrespective of the visa approval process, should there be one.

5. Trial engagements

Where a Client wishes to engage a Candidate on a trial basis before committing to a permanent engagement (a “Trial Engagement”), the following applies:

• The maximum Trial Engagement duration is 2 days.
• If a Candidate is engaged on a trial basis for more than 2 days and the Trial Engagement does not become permanent, the fee chargeable will be calculated on the basis of a Temporary Engagement.
• If the Trial Engagement becomes permanent, the balance of the permanent placement fee is payable immediately upon the Agency's invoice.

6. Temporary & babysitting bookings

All temporary or babysitting bookings incur a fee of £40 per day.

If a temporary booking is extended 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, including babysitting work, temporary nanny work, temporary housekeeping or permanent employment, the Family is responsible for informing the Agency and is liable for any additional fees due.

7. 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 hours 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 Candidate's job search in order to protect the Candidate's 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 applicable collection costs.

8. Cancellations

Permanent employment

After an offer of employment has been accepted, whether verbally or in writing:

• If the Family cancels the employment giving 30 or more days' written notice before the employment start date, the Agency reserves the right to charge 30% of the fee for the work incurred.
• If the Family cancels permanent employment giving 29 days or less written notice before the start date, the full fee is payable and one week's salary is payable to the Candidate.
• If the Candidate cancels a permanent employment contract before the start date for reasons outside the Family's control, the Agency will replace the original Candidate and offer another free replacement in accordance with these Terms & Conditions.

Temporary employment

After an offer of temporary employment has been confirmed, if the Family cancels all or part of the booking, the fee paid will be forfeited.

If less than 48 hours' notice of 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 either a full refund minus a £300 work/administration fee or a replacement.

9. Replacement policy

The Agency has a replacement procedure covering the Family for 3 months from the commencement of the Candidate's employment.

Whilst the Agency makes every reasonable effort to ensure the suitability of Candidates, Families are strongly advised to extensively interview Candidates and take up references to their own satisfaction before employing a Candidate.

The final decision regarding the suitability of a Candidate is the sole responsibility of the Family. The Agency cannot guarantee the suitability of a Candidate and offers no warranty regarding the character or suitability of a Candidate once an engagement has commenced.

The Agency offers one free replacement Candidate per permanent placement fee paid, provided the following conditions have been met.

Replacement conditions

1. The invoice has been settled in full prior to commencement of employment.
2. The existing Candidate has been employed by the Family for a period of less than three months.
3. If the Family continues to employ the existing Candidate throughout the replacement search but beyond the three-month guarantee period, temporary fees will apply.
4. As required by applicable employment agency and employment business legislation, 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.
5. If the Family has terminated the employment, the Family has carried out a performance review prior to the end of the three-month probation period and has outlined the areas requiring improvement together with clarification of the acceptable level of performance.
6. The review and summary of improvements required has been provided in writing by email to both the Candidate and the Agency on or before the three-month review date.
7. If the Family has terminated the employment, the Family has followed the disciplinary rules, procedure and dismissal procedure included in the employment agreement as required by law.
8. 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.

Replacement search

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 three months of the Candidate's 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. However, the Agency accepts no liability if the Family considers replacement Candidate profiles to be unacceptable.

10. Liability

Whilst the Agency makes every reasonable effort to ensure the suitability of Candidates, Families are strongly advised to extensively interview Candidates and take up references to their own satisfaction before employing a Candidate.

The final decision regarding the suitability of the Candidate is the sole responsibility of the Family.

The Agency cannot guarantee the suitability of a Candidate and offers no warranty regarding the character or suitability of a Candidate once an engagement has commenced.

The Agency acts as 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 Candidate's 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.

Once an engagement has commenced, the Agency cannot be held responsible for any loss, damage, personal injury, clash of personalities or other circumstance that may arise beyond its control and which should be resolved between employer and employee, subject to applicable law.

11. Tax, payroll and employment responsibilities

As the Employer, the Family is responsible for the administration and payment of the Candidate's tax, pension and National Insurance contributions, where applicable.

Where the Family uses the Agency's payroll service, the relevant payroll terms and charges will also apply.

12. Confidentiality

All introductions made by Pickle Jobs Ltd are confidential.

Families must not introduce Candidates to third parties or pass on Candidate names, addresses, telephone numbers or email details for the purpose of avoiding the Agency's introduction.

Families introducing Candidates to third parties or passing on Candidate contact details will be liable for payment of the Agency's fees for any resulting engagement as if the Agency had made the introduction, and these Terms & Conditions shall apply accordingly.

13. Data processing, consent & confidentiality

The Client consents to the holding and processing of Personal Data, including sensitive Personal Data where applicable, as defined in Data Protection Legislation which relates to the Client, by the Agency in accordance with applicable Data Protection Legislation.

The Agency shall process Personal Data supplied by the Client 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 these Terms, the Client confirms that they will comply with applicable Data Protection Legislation and will ensure that the rights of their Data Subjects under such legislation are observed, including where applicable outside the UK.

Confidential information

All information provided by either party to the other, including Personal Data relating to the Candidate or Client, will be treated as strictly confidential.

Such information will not be disclosed to third parties unless required by law or regulation or otherwise permitted in accordance with applicable consent and data protection requirements.

Privacy notices

Each Party shall, in respect of Personal Data which it collects from a Data Subject and provides to the other Party, ensure that its privacy notices are provided to the relevant Data Subjects before providing that Personal Data.

Such privacy notices must meet the requirements of applicable Data Protection Legislation to allow the Personal Data to be lawfully shared and processed by the Parties for the purposes of this Agreement.

Client consent

By entering into this Agreement, the Client provides consent to the Agency to share the Client's full name, telephone and/or mobile number and home address with prospective Candidates whom the Client confirms to the Agency that they wish to meet or interview.

The Client also provides consent to emails being sent by the Agency to the Client's email address. Some of these emails may contain Personal Data.

Candidate information

The Agency will seek a Candidate's consent to submit their personal details to the Client for the purpose of facilitating the obligations of the Parties under these Terms & Conditions.

The Client may retain Candidate 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, where required.

Security

The Parties shall take appropriate technical and organisational measures to adequately protect Personal Data against accidental loss, destruction or damage, alteration or unauthorised disclosure.

Data protection concerns

The Client shall notify the Agency within 72 hours if a Data Subject or regulator raises an enquiry, concern or complaint about how the Client or Agency has handled Shared Personal Data.

The Client shall provide full co-operation and assistance to the Agency in relation to any such enquiry, concern or complaint.

14. Public liability insurance

The Agency recommends that the Family ensures their Employee has current Public Liability Insurance with a minimum limit of £1 million.

15. General

These Terms & Conditions of Business shall be governed by and construed in all respects in accordance with the laws of England.

The Client agrees to submit to the exclusive jurisdiction of the English courts.

The Agency reserves the right to change these Terms & Conditions of Business without prior notification, subject to applicable law.

16. Acceptance of these Terms

By instructing the Agency, verbally or in writing, to submit suitable Candidates for contact or interview, the Family confirms that it has read, understood and accepted these Terms & Conditions of Service.