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Updated November 2017
Terms of Business For those employing permanent and temporary candidates worldwide with TGNC.
These Terms & Conditions represent a legally binding contract between the employer (“the Client”) and TGNC (“the Agency”). The candidates supplied by TGNC will be referred to collectively as (“the Child Carer” or ”Candidate”) unless specified otherwise. The child carer is referred to as she, but applicants can be male or female.
TGNC is a partnership business managed and run by Mr & Mrs Middleton.
The parties hereto agree that this contract shall be governed by the law of England and Wales and to submit to the jurisdiction of the courts of England and Wales.
The Agency acts as an intermediary only and is not the employer. By signing up with the Agency and paying our registration fee, the Client accepts these terms and conditions.
All fees stated are subject to change without notice at any time. Fees are not subject to VAT.
No variations of these terms and conditions shall be binding unless expressly confirmed by the Agency in writing.
The Good Nanny Company (TGNC) charges the client on a ‘pay as you go’ system fee for all candidates which can be viewed on our website www.tgnc.co.uk/fees Please note the fee has no bearing on the wage you pay the candidate & is non-negotiable.
Any variation of this Agreement (including any special terms and conditions agreed between the parties) must be agreed in writing between the parties.
“Agency” means TGNC (The Good Nanny Company) run as a partnership by Mr and Mrs Middleton.
“Placement Fee” means the relevant fee payable once the candidate has started work with the client.
”Registration Fee” means the relevant fee payable to the Agency for the Client to register a role with the Agency.
”Pre-Commitment Fee” means the relevant fee payable to the Agency for the viewing of a chosen candidates documents to include ID, References and other documentation.
”Placement Confirmation Fee” means the relevant fee payable to the Agency for holding a candidate after acceptance of a role.
”Contract Fee” means the relevant fee payable to the Agency for making a personalised contract for the client.
“Candidate/Child Carer” means a person introduced by the Agency to the Client as requested for the purposes of employment as a nanny, mother’s help, maternity nurse or a person seeking domestic employment (or any other professional requested) on a temporary or a permanent basis, whether full or part time.
“Client” means the client named on the Client Registration Form for whom the Agency has agreed to provide the Services in accordance with these Conditions.
“Client Registration Form” means the form completed by the Agency during the Client’s consultation, using the details provided by the Client and sent to the Client with these Conditions.
“Conditions” means the terms and conditions of supply of Services as set out herein and any subsequent terms and conditions agreed in writing by the Agency and the Client.
“Introduction” means the passing by the Agency to the Client of Candidate profiles or other information in relation to a Candidate.
“Services” means the services provided by the Agency to the Client as described in these Conditions.
Please be sure when giving your job specification to The Good Nanny Company (TGNC) ensuring that all details are correct so that your requirements may be met. You complete all your details at www.tgnc.co.uk/client-registration.
Should the client need to change the job description, a new registration form should be filled out with the new terms of the role and a registration payment will be due again. For example, if the client changes their mind from a Au Pair to a Nanny role, this would require a new registration.
One registration payment is due per role.
Client accounts are payable on a Pay As You Go System. All invoices sent out to the client are due within 24 hours of being received by email or by phone.
All accounts are due by credit or debit card or bank transfer.
Invoices not settled on time will will affect your guarantee, in addition to a surcharge of 15% being added to your invoice for every 7 days it is late.
The client agrees that the agency can take payment from the client’s stored card information for any late or unacknowledged invoices.
Candidate’s confidential information is sent for the express purpose of the current position you have registered with The Good Nanny Company (TGNC). Should you choose to pass on these details to a third party or employ the candidate yourself at a later date therefore bypassing the agency you will be charged the appropriate fee for any subsequent engagement that occurs. The Good Nanny Company (TGNC) are not responsible for any interview expenses howsoever incurred by the client.
Client’s confidential information is sent to the candidate of choice by the client for purposes of interview. The Candidate may be given a telephone number, email or skype user name to make initial contact with the Client for the interview. We do not give the address of the Client to the Candidate unless they have requested a face to face interview at home. Requesting such interview allows TGNC to pass on such information. No personal information such as children’s names, schools attended etc will be given. Any of this information may be given my the client to the candidate at their own risk. We do not accept any liability or responsibility for unwanted contact from the candidate to the client in the future. The agency take steps to protect the identity of the client and the clients family – any additional information given to the candidate is by complete choice of the client who will take responsibility for such information.
By registering with the Agency and therefore paying the registration fee either verbally or through written instruction, the Client acknowledges and accepts these Conditions. Any and all business undertaken by the Agency is transacted subject these Conditions.
All fees are as stated on www.tgnc.co.uk, fees are not negotiable unless a discount code has been offered to a client.
The registration fee of £25.00 is payable before a candidate search can commence. This fee is payable per role supplied to the agency by the client. Should you change your search for a different type of candidate, a new fee will be charged to your card on file.
The interviewing of TGNC candidates is a free of charge service.
The referencing fee per candidate is £25.00 – should a client request to view the documentation of a candidate, these fee is due before documents are released. It is advised that the client interview all potential candidates before requesting documentation to keep fees at a minimum.
The placement confirmation fee of £100 is payable once TGNC has had acceptance of a role by the chosen candidate of the client. This fee secures the candidate for the client and stops them for interviewing elsewhere. This fee is refundable should the candidate pull out of the employment offer due to no fault of the client. Should the client retract the offer or make amends to the original offer the client forfeits their entitlement to a refund. Should a client retract an offer to a candidate with less than 30 days notice, the client is liable for the cost of the candidate’s travel booked to commence employment with the client, plus the final agency fee. This is not payable for a holiday candidate or a summer time only candidate.
The final placement fee’s listed below are payable within 24 hours before the candidate commences employment or moving into the family home, whichever comes first. It is also payable for the retraction of a job offer, if less than 30 days notice was given. These fees in addition to the fees already paid to the agency for other services completed by the agency. Final placement fees for summer only placements or holiday bookings are due at time of agreement between candidate and client. It is possible to pay this fee early should the client wish to.
The fee’s are outlined below;
Au Pair £249
Mother’s Help £449
Family Assistant £449
The client gives the agency permission to charge their card on file for any fees that are requested stated in these terms.
Final fee’s are pre-authorised 7-10 days before candidates arrival/start date which will be charged 24 hours before arrival date or released/refunded if the candidate doesn’t arrive.
Should the client wish to pay their final fee at the same time as confirming a candidate, they will get 4 weeks replacement cover free of charge.
Placements are only confirmed once placement confirmation fee has been paid.
If the Client has to delay the commencement of the Candidat’s employment (for example because of the birth of a baby later than expected or a Client transferring to another country) the placement confirmation fee will still be chargeable.
The Client shall be liable for and shall indemnify the Agency against all costs and expenses incurred by the Agency in respect of any steps, actions or proceedings made or brought against the Client by the Agency to obtain payment of outstanding Agency Fees and interest.
Late payments will incur in a 15% late payment fee.
For the purposes of attending interviews, the Client is responsible for a Candidate’s reasonable travelling expenses which are properly incurred and evidenced by appropriate receipts. The Client shall settle this directly with the Candidates at time of interview.
In the event of The Client asking a candidate to vacate their property before the notice period has expired, they agree to the agency taking £100 off their card for the expenses of the agency finding the candidate alternative accommodation.
Cancellations in employment will be charged at full placement fee if less than 30 days before employment was due to commence. To cancel a placement, the client is required to fill out a cancellation form at www.tgnc.co.uk/client-cancellation.
The Client will also be responsible for paying the Candidate 2 weeks’ salary as agreed on the Clients Registration Form, for the inconvenience of cancellation as the Candidate will be without accommodation (if live in role offered) and a job. The client is also liable for the cost of the transported booked by the candidate to be able to travel to the client’s home for role commencement. This money will be added to your final invoice and the money shall be passed to the Candidate from the Agency – deducted from the Clients card on file.
Passing on any details of TGNC Candidates to a third party will result in the Client being charged a ‘Third Party Referral Fee’ of £999.00. This will be invoiced to the Client and charged to the Clients Card on File.
Should notice be given by the Client or received by the Candidate within the first 4, 8 or 12 weeks as outlined in the Placement Plus package the client purchased after the first 14 days have passed, (which still qualifies as the standard replacement time frame) in accordance with the terms of this document, should the client qualify, they will be entitled to one free replacement on a like for like basis.
If during this time client makes changes to the original requirement /job specification registered with the agency no replacement will be due as this will require a whole new search and full agency fee will be due again.
Clients will be entitled to one replacement candidate, should they adhere to the Client and Host Family commitments in this document.
Placement Plus prices are as follows;
£50 4 week replacement
£100 8 week replacement
£150 12 week replacement
Placement Plus can only be purchased at time of initial hiring and will be included in your final invoice and cannot be purchased at any other time.
Placement Plus is a non refundable service.
Trials on newly registered Vacancies:
Clients who request to trial a candidate prior to making a firm offer may do so for one day free of charge, any further days will be charged the temp rate of £25 per day, a trial may not exceed one full week.
The client will be responsible for all related costs including remunerating the candidate for their time and paid at the same rate the role is offered at. During the trial the candidate and the client may continue to interview with other parties.
A placement is considered temporary when registering a position for specified dates that do not exceed 4 weeks.
A fee of £20 will be charged for each day (Monday-Sunday) or part thereof that the candidate is booked. Payment is due once a firm booking has been made for the entire duration of the placement.
Please note there are no refunds due should you cancel the booking or cut it short once the booking has been made. In cases where a candidate is engaged for specific dates but continues to be employed or allowed to remain in the household on a paid or unpaid basis beyond the booked date the client will be charged the appropriate additional final placement fee as a full time employee.
Please note that if a temporary candidate is engaged for more than 4 weeks a full placement fee for that role will be charged in addition to any monies paid.
The fee charged for any candidate is applicable to one engagement. A further fee will be charged for re-engagement at any time.
The Agency will send details of candidates sourced by the Agency to the Client. The agency will ask the candidate to obtain a police check from the candidates country of residency; photocopies of the Candidate’s ID and where appropriate the Candidate’s driving licence. Childcare or character references will be obtained (by post, email or telephone), and approved where and as thoroughly as reasonably possible. Copies of all details of the dossier can be passed to the Client on request and charged at the usual fee, at a time when the Client has decided upon which Candidate they would possibly like to hire.
It is the Client’s responsibility to ask all appropriate questions during the interview and to carry out any supplementary checks such as verifying details, documentation and references personally prior to confirming the placement should they feel it necessary.
The Client must ensure they are 100% sure of the suitability of the Candidate prior to inviting them to join their family. Whilst the Agency will take all reasonable care to ensure the suitability of the candidate, it is the Client’s responsibility to satisfy him or herself before offering the position – the final decision to accept the Candidate remains with the Client – who is best placed to judge the suitability of a Candidate for their family and situation. Should the client change their mind later on, due to the client not being confident in the candidate’s abilities before arrival, this will not be treated as a fair reason for replacement or refund.
The Agency does not offer any warranty as to the suitability, honesty, character or capability of the Candidate. The Agency accepts no liability of any kind for any inconvenience, loss of or damage to property, or any loss or personal injury or death howsoever arising directly or indirectly from any act or omission of any applicant introduced by the Agency even if such an act or omission is negligent or fraudulent or reveals dishonesty. The client must ensure that their home contents insurance includes cover and public liability for an Au Pair.
The Agency recommends not asking a Candidates to drive unless absolutely necessary. Where a Candidate is required to drive, the Agency will submit details of Candidates with a valid licence for the UK roads, but is unable to guarantee the standard of the applicant’s driving. The Client commits to giving the Candidate sufficient practice and providing professional lessons as required enabling them to adapt to driving on the left.
The Client should consult with the instructor prior to allowing the Candidate to drive their car. The Candidate must be fully insured for any accidents or legal liabilities which may arise from their driving the host family’s vehicle. The Client must make it clear to their insurers that the Candidate is performing such a role and is foreign. The Candidate is not liable to the Client for damage caused in an accident/incident when driving at the request of or with permission of the Client. The Candidate cannot be asked to pay for any damage caused to the car or to cover the excess. This must not be deducted from their pocket money either.
All roles must be offering to the candidate by TGNC on behalf of the client.
Clients engaging Candidates in any temporary or permanent role should sign a employment contract with the intended employee confirming the engagement before the candidate commences work. This should include the duties expected, the salary and hours of work agree. This is an independent agreement between employer (client) and employee (candidate) but is drafted by the Agency as part of the Agencies’ service to the Client and Candidate. TGNC can supply a personalised contract to the client should it be request, charged at the appropriate fee. A contract (unsigned) should be sent to the agency after 24 hours of the candidate accepting the role to be passed to the candidate.
All written information within the contract is to be decided and finalised by the Client. All terms of the contract must be discussed and agreed with the candidate before employment commences, this is the Client’s responsibility. Anything that differs to the client’s registration form to the contract, therefore resulting in the candidate then declining the role at this stage will result in no refund of the placement confirmation fee.
No placements are confirmed until TGNC has spoken directly with the candidate of choice and the placement confirmation fee has been paid.
Any client retracting an offer or changing the details of a role after the placement confirmation fee has been paid will forfeit the clients right to a refund of fees paid. Plus full fee will be chargeable if less than 30 days notice given.
Should a candidate cancel employment, after the placement confirmation fee has been paid, due to no fault of the client, the placement confirmation fee will be refunded within 7 days.
The client shall be responsible for obtaining work and other permits if required, for the arrangement of medical examinations and/or investigations into the medical history and backgrounds of any applicant, and satisfy any medical and other requirements or qualifications required by the law of the country in which the applicant is engaged to work. Clients requiring the candidate to drive or travel whilst performing duties must ensure that the candidate is properly insured.
The Agency shall endeavour to obtain references from each Candidate but it is the responsibility of the Client to satisfy himself as to the suitability of any Candidate, to take up any references provided by the Candidate or the Agency and to make appropriate checks of childcare qualifications or driving qualifications.
The Agency will refer to their candidates expected weekly wages in net terms, it is the clients’ responsibility to ensure that they are clear on all payments that they will lawfully be required to pay on behalf of their employee to HMRC.
Those using the services of a self employed candidate should request a regular invoice from the candidate.
We can offer guidance with regards to Tax and National Insurance due but we are not Tax advisors and the Client should seek advice from a professional with regards to what Tax and National Insurance is due.
Whilst every care is taken to introduce suitable candidates whose references are checked by the agency before duties commence, the final decision on the suitability of the candidate is the sole responsibility of the Client. Clients are urged and advised to take up references & medical histories of a candidate they wish to employ to their own satisfaction as after the offer of employment has been accepted been concluded the agency will not be held responsible for any loss, damage, delay, clash of personalities or for any other circumstances that may arise beyond its control.
In addition the agency will not be held responsible for any conflicts which should be resolved between employer (client) and employee (candidate) that may result in any loss, damage, delay or termination of the engagement.
As we are an introductory Agency and do not directly employ the candidate we are not able to insist upon DBS checks. However The Good Nanny Company (TGNC) encourage all potential applicants to have a CRB check. If a candidate who does not have an up to date DBS or Police Check from their home country and/or are making steps to have her/his DBS check done, then the agency will inform clients of the DBS status of the candidate they are employing on their Candidate Profile/CV.
Agency Obligations to the Client
A suitable candidate for the Au Pair program is an EU citizen, aged 18-30, single and without dependents. A suitable candidate is considered to be an applicant who respects specific criteria as per the Client’s original request. The preferences that will be taken into account are: Minimum Age, driver/non-driver, smoker/non-smoker, relevant experience and ability to live with pets. Nationality cannot be guaranteed.
Client Commitments To The Candidate
The client commits to respecting the following obligations:
Client Commitments To The Agency
The client commits to respecting the following obligations:
In the unlikely event of the placement (long term) not being a success, resulting in the engagement being terminated by the client or candidate within 14 days of the date of commencement of the placement at the discretion of the agency, assuming all terms mentioned in this document have been met, the Client qualifies for either one free replacement or applicable refund. This duration can be extended if the Client purchased Placement Plus at the time of hiring the Candidate. One free replacement is offered during the duration of Placement Plus Package purchased and will be subject to the terms of this contract. Holiday Nanny or Summer Au Pairs do not qualify for a replacement service unless the client paid the usual full fee to be entitled to the replacement service. Discounted fees are not entitled to a replacement service. Refunds are also not applicable on such service.
PLEASE NOTE – there is no replacement after the initial 14 day period, exceptions will not be made (unless the client purchased Placement Plus). Replacements are only applicable if all of the terms stated in this document have been abided by. Please note the 14 day replacement policy starts with the initial engagement and is not renewable on the replacement candidate.
The Client is entitled to one free replacement if the Candidate;
Any replacement requested outside the guarantee period will be subject to new fees unless Placement Plus was purchased and is still valid.
The client forfeits their right to a free replacement if :
The Client should notify the Agency in writing explaining the situation when a replacement is needed. The Agency will then propose an alternative suitable replacement candidate within 28 days of receiving the Client’s notification. The Agency will aim to find a replacement as fast as possible. If after 28 days have passed and the agency has been unable to send the client a suitable replacement candidate profile by email, a 50% refund on the final placement fee will be awarded to the client for the inconvenience within 7 days after the 28 days have expired.
Definition of a Suitable Replacement Candidate:
A suitable replacement candidate for the Au Pair program is an EU citizen, aged 18-30, single and without dependents. A suitable candidate is considered to be an applicant who respects specific criteria as per the Client’s original request. The preferences that will be taken into account are: Minimum Age, driver/non-driver, smoker/non-smoker, relevant experience and ability to live with pets. Nationality cannot be guaranteed.
Definition of Serious Misconduct or Breach of Contract by the Client: The Agency, which retains sole discretion to decide such matters, considers Serious Misconduct or Breach of Contract to include:-
Late or non-payment of pocket money; failure to give 2 full days off a week; treating the Candidate as a an employee/hired help and not a member of the family (e.g. not allowing the Candidate to eat with the family); failure to provide sufficient and satisfactory food; demanding excessive housework (more than 15 hours per week); lack of driving abilities; the Candidate is subject to sexual harassment, physical or verbal abuse from a member of the family or visitors to the house; expecting the Candidate to do ALL the cleaning/housework with no member of the family participating; not allowing the Candidate to attend language lessons due to lack of transport/hours of work; failure to provide accommodation of a sufficient standard (own heated room in good condition, free of the Client’s possessions, adult bed, sufficient storage, access to a desk to study); the level of hygiene/ tidiness in the family or overall condition of the house is considered to be unsatisfactory; when subjected to verbal or physical abuse by the children or to defiance of the Candidate’s reasonable requests; a hostile home environment; failure to respect any or all of the work conditions as laid out in the Client’s original registration form.
This list is not exhaustive and the Agency reserves the right to make a decision in each individual case as to whether or not the Candidate has been subjected to unreasonable conditions and therefore whether or not the Client will be entitled to a replacement or a partial refund. A replacement Candidate may also be refused where important information which has affected the placement has been withheld or concealed by the host family or where the Client has outstanding payments. The Agency may also refuse to place where, in its opinion, there is little or no chance that a replacement Candidate will be a success and that the next Candidate will leave early. The Agency also refuses the right to continue with a Client when any other aspect, in the Agency’s judgement, precludes this. In all such cases the right to a replacement / refund is lost.
The Agency reserves the right to not disclose the reasons either for a Candidate’s departure and / or for the Agency deciding not to provide a replacement, while the Candidate is still living in the Client’s house and to use its discretion in any situation involving an issue not covered in this document.
No refund is due if an Candidate ends their stay/cancels the placement prior to arrival due to an Act of God; act of war; terrorism; any natural disaster; epidemic/pandemic or in any case of force majeure.
After 14 days have passed, from the start date of the engagement of the candidate, the agency has completed it’s service and will not be offering any further replacements and refunds.
The fees charged by the Agency are purely introduction fees and it is up to the Client and the Candidate to make the arrangement work through good communication. The Agency cannot guarantee that any Candidate will complete the full duration of their stay intended and cannot be blamed when an arrangement breaks down as there are too many factors outside the Agency’s control.
The fees that can be refunded by the agency are as follows;
Placement Confirmation Fee £100 – this can only be refunded should the candidate pull out of the offer of employment once accepted for their own personal reasons. Should the candidate retract their acceptance of the role due to changes made to the original role offered, as outlined in the client registration form, or by actions of the client this will not be refunded. If the client retracts job offer, the fee is still payable if less than 30 days notice given.
Final Placement Fee – this can be refunded should the candidate or client give notice during the first 14 days of employment and and agency not be able to offer a suitable candidate profile by email within 28 days of the notice date being given. If the client denies any replacement candidates that match the original search criteria as outlined in their registration form – no refund will be due, nor will the agency be obliged to keep sending candidates. This does not apply to a Holiday Nanny/ AU Pair or a Summer Au Pair placement – these are non refundable services.
Terms of Payment:
All fees must be paid within 24 hours days of the client requesting a service from TGNC. A service request is carried out by emailing over a request or completing one of our forms on the TGNC website. The final placement fee is due within 24 hours of the candidate either arriving at the clients home to move in or commencing work. If the fee remains unpaid on the Candidates arrival a 15% surcharge on any unpaid placement fee will be payable on the unpaid fee. Thereafter a 7% surcharge will be applied to the cumulative amount (fee + surcharge) on a weekly basis until the invoice has been settled in full. The Client will also forfeit their right to a replacement. The Client agrees that the Agency can take any fees requested or due from the card registered on file if the fee remains unpaid after 7 days.
The final placement fee refund will not be given if the client :
The Agency reserves the right to change these Terms and Conditions of Business without prior notification.
These Terms and Conditions of Business shall be governed by and construed in all respects in accordance with the laws of England & Wales and the Client agrees to submit to the exclusive jurisdiction of the English & Welsh courts.
Agency fee payments Method of payment accepted: Bank Transfers, all major debit cards (no handling fee) Major Credit cards (excluding Diners and Amex) are accepted and incur a 3.5% handling fee. Please note cheques are no longer accepted.
tgnc is committed to providing a high level service to all our customers. We recognise, however, that there may be occasions when our customers will feel that they have cause for complaint either about a candidate they hired or about the agency. If you do not receive satisfaction from us we need you to tell us about it. This will help us to improve our standards.
The aim of the policy is to resolve complaints as quickly as possible. All complaints will be dealt in a timely fashion. We only reply to complaints by email or in writing, for that reason all complaints must be sent to us in the same fashion. Phone complaints are not able to be logged properly nor responded to as we do not record telephone conversations.
Stage 1: Informal complaint
It is in everyone’s interest that complaints are resolved at the earliest possible stage. tgnc believe the majority of complaints can be resolved satisfactorily on an informal basis.
If you wish to make a complaint about a candidate we introduced to you please contact the consultant you normally deal with by e-mail, so it is properly logged. We ask for email only contact so there is no miscommunication between the parties. We will always aim to be helpful and offer any advice or tips that we can think of if the complaint is related to your chosen candidate. If we do not hear back from you within 3 days after this point, we will assume our advice was of help to you and that everything is back on track or working towards that.
If you wish to make a complaint about the agency or raise a concern, please contact Stephanie on email email@example.com who will personally deal with your complaint and offer some feedback that you will hopefully find helpful and satisfactory to your complaint. Please ensure all details of your complaint are detailed in the e-mail for a fast and well evalued response. Again we ask all contact be kept to email at this stage to avoid and miscommunications.
Stage 2: Formal complaint
If you are dissatisfied with the response please submit a written statement of complaint as soon as possible to Stephanie Middleton, tgnc, 27 Old Gloucester Street, London WC1N 3AX
The complaint will be recorded and investigated, and a written response will be sent within 10 working days. We will always respect your confidentiality.
Stage Three: Taking your complaint further
Should the complaint still fail to be resolved satisfactorily, complaints may be directed to the Employment Agency Standards Inspectorate: Department of Trade and Industry (UG65), 1 Victoria Street, London, SW1 HOEX.