TERMS & CONDITIONS

“THE COMPANY” refers to GrapeCare

“THE CLIENT” refers to a person who appoints The Company to introduce them to Au pair/Nanny/Mother´s help/Special needs nanny/ Governess/Midwife/Housekeeper/other. candidates.

WHEREAS:

The Client wishes to directly employ temporary or permanent staff to fill job vacancies and requires The Company to introduce them to prospective candidates for those vacancies.

It is agreed as follows:

1. The contract

1.1 These terms apply to all contracts or agreements made between The Client and The Company and are deemed accepted through completion of The Client registration or by filling a request form.

1.2 This agreement relates to the introduction by The Company to The Client of temporary or permanent staff to be employed directly by The Client.

1.3 Acceptance of these terms by The Client are implied by The Client’s acceptance of an introduction from The Company notwithstanding that this agreement may not have been signed by The Client.

1.4 The Company is entitled to assume that any employee or agent of The Client has the authority of The Client to enter into a binding agreement with The Company unless the client expressly notifies the agency otherwise.

1.5 The Company acts as an employment agency in the Introduction of Applicants (as such term is defined in the Employment Agencies Act 1973) and any applicants introduced are not to be regarded as employees of The Company.

2. The Company’s obligations

2.1 Upon receipt of proper instructions from The Client notifying them of job vacancies, The Company will use its best and reasonable endeavours to find suitable candidates for those vacancies.

2.2 The Company will seek to confirm the identity of all candidates introduced to The Client, ensure that they are suitable for the vacant position and pass all relevant information onto The Client upon introduction of any candidates, however, no warranty is given by The Company to The Client of the suitability of any candidate.

2.3 No guarantee is made by The Company that it will be able to introduce suitable candidates for any notified vacancy.

3. The Client’s obligations

3.1 The Company will not make any introduction to The Client until The Client has supplied all information that is reasonably required to enable The Company to locate suitable candidates and The Client must use its best endeavours to make sure that the information provided to The Company is kept up to date at all times.

3.2 It shall be the sole responsibility of The Client to ensure that candidates are suitable for the relevant vacancies, to obtain any references required, check the validity of any qualifications and verify the identity of the candidate.

3.3 It shall be the sole responsibility of The Client to obtain any permits required in respect of either the candidate or the vacancy including, but not limited to, work permits.

3.4 It shall be the sole responsibility of The Client to arrange for any medical examinations or investigations required in relation to the vacancy.

3.5 The Client must notify The Company immediately of any offer of employment it makes to any candidate introduced by The Company and of any subsequent acceptance by the candidate of the offer made including details of the agreed rate of remuneration.

3.6 The Client shall be solely responsible for payment to the candidate of all sums due in respect of their employment including, but not limited to salaries, expenses, tax and national insurance.

4. Fees and payment

4.1 The fee payable to The Company by The Client will be exclusive of VAT for each candidate introduced by The Company who is thereby employed by The Client.

4.2 Fees become due after email confirmation about selected candidate.

4.3 The Client will make payment of the fee referred to in clause 4.1 strictly within 7 days after email confirmation about selected candidate.

4.4 In the event that the payment due is not made in accordance with clause 4.3 a late payment fee equal to 25% of the overdue payment will be added to fees due.

4.5 The Company also reserves the right to charge interest at the rate of 8% per annum on any fees that remain unpaid by The Client from the due date to the date of payment.

4.6 The Client is to make the bank transfer like following:

Sort code: 40-05-30 (HSBC Bank plc, City of London branch) , Account number:     44218353

5. Refunds and replacements

5.1  Any requests received from Clients for either a refund of fees or replacement of candidates will only be considered where all fees payable by The Client under this agreement were paid in full and on time.

5.2  With the exception of placements lasting less than 6 weeks, The Company will, upon receipt from The Client of written notice detailing the reasons why they are unhappy with a candidate, provide a replacement.

5.3  Notice under clause 5.2 must be received by the company in 2 weeks in advance.

5.4  In the event that The Company does not offer any suitable candidates by way of replacement under clause 5.2 within 30 days of receipt of notification from The Client in accordance with clause 5.3 The Company will refund the fee paid by The Client under clause 4.1.

5.5  The guarantees made by The Company under this clause apply only to the first candidate and no further replacements or refunds of fees will be made.

5.6. The fee includes 4 weeks replacement guarantee.

5.7. If The Client doesn't honour the working conditions with the candidate that were agreed in advance, The Client has no claim to the free replacement.

 

6. Warranty

The Company will take reasonable steps to ensure the suitability of persons introduced to The client but makes no warranty in respect of the identity, ability or qualifications of any person so introduced and The Client undertakes to fully indemnify The Company against any liability that may arise as a result of the engagement of the introduced person.

7. Special circumstances

7.1 Where a candidate is introduced to The Client in relation to a vacancy that involves working with or caring for one or more vulnerable persons including those under the age of 18, the elderly, the infirm or anyone in need of care and attention, the company will take all reasonably practicable steps to ensure that it obtains and provides copies to The Client of all relevant qualifications and authorisations relating to the candidate. In addition The Company will obtain and provide at least two references for the candidate from persons who are unrelated to the candidate and who have agreed that the information contained in those references may be disclosed to the client. The Company will take all reasonably practicable steps to confirm that the candidate is suitable for the position in respect of which they have been introduced to The Client and to confirm to The Client the steps it has taken to obtain the information set out in this clause in the event that it has been unable to secure the same.

7.2 In the event that a candidate who takes up an offer of employment leaves that employment as a result of The Client’s breach of either this agreement or the terms and conditions of the candidate’s employment The Client will be required to pay any reasonable expenses associated with the candidate’s return to their home and will forfeit any right to a refund of fees under this agreement.

7.3 In the event that a candidate who takes up an offer of employment leaves that employment as a result of the candidate’s breach of either this agreement or the terms and conditions of the candidate’s employment The Client will be entitled to a replacement introduction or refund as set out in clause 5 provided that they notify The Company of the candidate’s breach within 14 days of its first occurrence.

8. Data protection

The Client shall be required to comply with the provisions of all data protection legislation currently in force when processing or otherwise dealing with personal data relating to candidates.

9. Liability

9.1 Except in respect of death or personal injury caused by the negligence of The Company, The Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the company’s servants, agents or otherwise) in connection with the performance of its obligations under these terms and conditions or with the use by The Client of the services provided.

9.2 The Company shall not be liable to The Client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the service provider’s obligations if the delay or failure was due to any cause beyond the reasonable control of The Company.

9.3 The liability of The Company to The Client for any breach by it of any terms and conditions or for any liability in negligence or otherwise shall not exceed The Company’s fees relating to the introduction of the relevant candidate.

9.4 The Client shall indemnify The Company against all and any claims and liabilities howsoever arising in respect of any loss, injury, damage, costs, expenses or delays suffered or incurred by a candidate howsoever caused (whether arising out of The Client’s acts or omissions or otherwise) and against all and any claims made by any third party arising out of The Client’s acts or omissions or otherwise and against all and any claims made by any third party arising directly or indirectly or in any way connected with the introduction of a candidate to The Client or the acts or omissions of the candidate whether wilful, reckless, fraudulent, negligent, dishonest or otherwise.

10. Force Majeure

10.1 For the purposes of this agreement ‘Force Majeure’ means, in relation to either party, any circumstances beyond the reasonable control of that party (including without limitation any strike, lock out, or other form of industrial action).

10.2 If any Force Majeure occurs in relation to either party that affects or may affect the performance of any of its obligations under this agreement it shall forthwith notify the other party as to the nature and extent of the circumstances in question.

10.3 Neither party shall be deemed to be in breach of this agreement, or shall otherwise be liable to the other, by reason of any delay in performance, or the non-performance, of any of its obligations under this agreement to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party and the time for performance of that obligation shall be extended accordingly.

10.4 If the performance by either party of any of its obligations under this agreement is prevented or delayed by Force Majeure for a continuous period in excess of 28 days, the parties shall enter into discussions with a view to agreeing upon such alternative arrangements as may be fair and reasonable or the other party shall be entitled to terminate this agreement by giving 28 days written notice to the party so affected.

11. Termination and Variation

11.1 Either party can terminate this agreement by giving one month’s written notice of termination to the other party. However, in the event of either party being dissatisfied with the level of service or having concerns about material breaches all introductions can be held in abeyance until the satisfactory resolution of those concerns.

11.2 The agreement may only be varied or amended by a written document signed by both parties.

11.3 Upon the termination of this agreement any monies owed by The Client to The Company shall be payable immediately.

12. Confidentiality

It is acknowledged and agreed between the parties that all matters relating to or contained within this agreement are confidential and shall not be disclosed to any third party except where required by law.

13. Nature of agreement

13.1 The agreement is personal to the parties and neither party may assign any of its rights or delegate any of its responsibilities hereunder without the express written consent of the other party.

13.2 No failure or delay by either party in exercising any of its rights under the agreement shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of this agreement shall be deemed to be a waiver of any subsequent breach of the same, or any other, provision.

13.3 If a provision of the agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this agreement shall continue to be valid as to its other provisions and the remainder of the affected provision.

14. Applicable law and jurisdiction

The laws of England and Wales shall apply to the whole of this agreement and the parties hereby agree to the exclusive jurisdiction of the courts of England and Wales.