1. Definitions
“Agency” means Nanny Scout Ltd.
“Applicant” means a person who engages the Agency to seek a position in a private household or other childcare setting.
“Agreement” means the contract between the Agency and the Applicant incorporating these Terms and Conditions, formed on completion of the registration process and acceptance by the Agency under Clause 2.
“Client” means any family, individual, partnership, company or other organisation that contracts with the Agency to procure the services of an Applicant.
2. General
- These Terms and Conditions apply to and govern the Agreement and supersede any other documentation or communication between the parties on this subject.
- These Terms and Conditions are deemed accepted by the Applicant upon booking a registration interview.
- This Agreement does not create a contract of employment, partnership or joint venture between the Agency and the Applicant.
3. Registration
- The Agency's acceptance of the Applicant's Registration Form constitutes a binding obligation on the Agency to use reasonable endeavours to secure an Engagement for the Applicant, subject to these Terms and Conditions.
- Full registration requires the Applicant to provide: an up-to-date CV; at least two recent, contactable references; current photographic identification; proof of address; evidence of an Enhanced DBS and First Aid certification (or a willingness to obtain these); and proof of the right to work in the UK.
- All registered Applicants agree that the Agency may hold a brief profile about them, which Clients may be given the opportunity to browse.
- All documentation provided by the Applicant, including references, identification and qualifications, must be current, true and accurate.
- Where any prospective role requires the Applicant to hold specific ,training or authorisations, the Applicant shall provide the Agency with up-to-date copies of these.
- If a registration interview is cancelled with less than 24 hours' notice, the Agency may charge a £20 deposit for a new interview. This is refunded on attendance; it is retained if the rescheduled interview is also cancelled or missed.
4. The Agency's Role
- The Agency operates as an employment agency in accordance with the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
- The Agency is an introduction and referral service. It uses reasonable endeavours to negotiate and conclude Engagements between Applicants and Clients but does not guarantee that any placement will be found, and is under no obligation to secure work for any Applicant interviewed.
- The Agency will provide honest and accurate information about an Applicant to a Client, and will provide its services with reasonable skill and care, in accordance with recognised codes of practice and its statutory obligations.
- The Agency does not charge Applicants a fee for acting on their behalf to secure an Engagement.
- Nothing in this Agreement restricts the Agency from acting for any other Applicant or third party, or from providing similar services to other agencies or clients.
- The Agency is not responsible for the payment of wages, does not guarantee placements, and does not provide legal advice to either the Applicant or the Client regarding any contract of employment.
- Where a Client has not paid the applicable fee before an Applicant starts work, the Agency may require the Applicant to stop working for that Client until the outstanding fee is paid.
- The Agency will take reasonable steps to ensure Clients act professionally, but cannot be held responsible for the conduct of Clients or other third parties.
- If a dispute arises between the Agency and a Client, the Applicant agrees to provide the Agency with all relevant information about the Client and the appointment.
5. Liability
- Nothing in this Agreement excludes or limits the Agency's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
- Subject to the a previous clause, the Agency is not liable to the Applicant for any loss, expense, claim or damages arising from the Agency's provision of information to a Client, the Applicant's decision to accept or decline an offer of employment, or the Applicant's decision to resign from existing employment in connection with a prospective Engagement, save where such loss arises from the Agency's negligence or breach of this Agreement.Neither party shall be liable to the other for indirect or consequential loss.
6. The Applicant's Obligations
- The Applicant consents to the Agency disclosing information reasonably required to progress an application, including qualifications, authorisations and references, to prospective Clients.
- The Applicant is responsible for agreeing wages and terms of engagement directly with the Client. The Agency is not responsible for any wages or terms that result from an Engagement.
- The Applicant is not obliged to accept work with any particular Client and may request an alternative placement.
- The Applicant shall promptly inform the Agency of: the days and hours worked in any Engagement arranged through the Agency; any contact from a Client previously introduced by the Agency; any offer of employment made directly or indirectly by a Client; and any additional work undertaken or changes to a placement not previously agreed. Failure to notify the Agency may result in the Applicant being held liable for applicable fees.
- The Applicant shall not engage in conduct detrimental to the Agency's interests or likely to damage the Agency's relationship with a Client or bring the Agency into disrepute, and shall not misrepresent the Agency or bypass the Agency in dealings with a Client introduced by it.
7. Confidentiality and Data Protection
- All information passed between the Agency and the Applicant regarding Clients isconfidential and shall not be disclosed to any third party without the Agency's consent.
- The Agency will not disclose the Applicant's personal information to third parties without the Applicant's permission.
- The Applicant permits the Agency to advertise their profile, verbally or in writing, to prospective Clients while seeking a suitable placement.
- Personal data is processed in accordance with the Agency's Privacy Policy, which sets out the lawful basis for processing, retention periods and the Applicant's rights under UK data protection law.
8. Termination
- The Agency may terminate this Agreement with an Applicant for reasonable cause, including but not limited to the supply of false information, unprofessional conduct, failure to attend arranged interviews, misrepresentation of the Agency, or disclosure of Client information without the Agency's written consent.
9. Governing Law
- These Terms and Conditions, and any non-contractual obligations arising from them, are governed by the law of England and Wales, and the parties submit to the exclusivejurisdiction of the English courts.