CLIENT TERMS & CONDITIONS FOR THE MANCHESTER CHILDCARE COMPANY

  1. NURSERY CLIENT TERMS OF BUSINESS

    1. These terms constitute the contract between Alice Rimmer The Manchester Childcare Company and the Client for the introduction of the temporary worker’s services to the Client and are deemed to be accepted by the Client by virtue of its request for, interview with or engagement of the temporary worker or the passing of any information about the temporary worker to any third party following an introduction.

    2. These terms contain the entire agreement between the parties and unless otherwise agreed in writing by Alice Rimmer The Manchester Childcare Company, these terms prevail over any terms of business put forward by the Client.

    3. No variation or alteration to these terms shall be valid unless the details of such variation are agreed between Alice Rimmer The Manchester Childcare Company and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.

  2. DEFINITIONS

    1. In these Terms of Business, the following definitions apply:

    2. “Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the Temporary or Permanent Worker is supplied or introduced;

    3. “The Agency” means Alice Rimmer The Manchester Childcare Company.

    4. “Engages/Engaged/Engagement” means the engagement, employment or use of the Temporary Worker directly by the Client or any third party or through any other Agency or introduction agency on a permanent or temporary basis.

    5. “Temporary Worker” means the individual who is introduced by the Agency to render services to the Client.

    6. “Introduction” means passing to the Client of a curriculum vitae or information which identifies the Temporary Worker; and which leads to an Engagement of that Temporary Worker.

  3. CHARGES AND REMUNERATION

    1. Responsibility for the payment or remuneration, deduction of statutory contributions and deduction and payment of National Insurance Contributions and PAYE Income Tax applicable to the Temporary Worker pursuant to sections 44-47 of the Income Tax (Earnings and Pensions) Act 2003 applicable to the temporary worker will be undertaken by the Agency.

    2. The Client shall pay a separate charge in respect of each temporary worker introduced by the Agency at a rate agreed between the Agency and the Client plus any other agreed charges as set out in our fees.

    3. The minimum charge period for each temporary worker supplied by the Agency will be 4 hours per day.

    4. If the Client requires the services of a Permanent Worker, the Client will be charged a one-off introduction fee of 8% Nursery workers annual salary with a minimum of £300 regardless of the number of days or hours requested.

    5. The charges are invoiced to the client weekly and are payable within 7 days. Alice Rimmer The Manchester Childcare Company reserves the right to charge a late payment fee of £40 plus interest on any overdue amounts at the rate of 8% per annum above the Bank of England base rate, from the due date until the date of payment.

    6. There are no refunds in respect of the charge of Alice Rimmer The Manchester Childcare Company.

    7. The Client must provide 24 hours’ notice to a change of hours, otherwise they are liable to pay for hours initially stated.

  4. INFORMATION TO BE PROVIDED

    1. When making an Introduction of a Temporary Worker to the Client the Agency shall inform the Client of the identity of the Temporary Worker; that the Temporary Worker has the necessary authorisation required by law or a professional body to work in the Assignment; and that the Temporary Worker is willing to work in the Assignment.

    2. The Agency ensures that all temporary workers receive a full brief before they attend any assignment. However, it is the client’s responsibility to perform all on-site and internal training on the first day of their assignment.

  5. TRANSFER AND INTRODUCTION FEES

    1. As per the conduct of Employment Agencies & Agency Regulations 2004, an introduction fee of 8% temporary workers annual salary with a minimum of £300 will be applied if the Client engages a temporary worker introduced by the Agency either directly or indirectly for a definite or indefinite period. The same fee is also due upon the introduction of such a temporary worker to other employers that result in an engagement. Fees are also liable where the client engages one of the Agency’s temporary workers via another recruitment organisation (or where applicable, if the temporary worker has become incorporated under a limited company).

    2. An introduction fee 8% Temporary workers Annual Salary weekly rate of pay (gross) X 4 with a minimum of £300 is payable to The Agency by The Client should the temporary worker be offered employment within 12 months of the temporary worker finishing their last assignment with the Client.

    3. Should the candidate remain in the client’s employment for a period of three months or more, the Agency will make no refund or rebate of any fees. Should the candidate leave the clients employment within three months, the Agency will refund in full the introduction fee or provide a free replacement where available. Payment terms in such incidences are 14 days after the invoice date.

    4. Introductions are confidential. The passing on of an introduction to another employer, which results in an engagement, renders the Client liable to the payment of the Agency’s fee. An introduction fee will be charged in relation to any candidate engaged as a consequence of or resulting from an introduction by or through the Agency, even though the introduction may be made indirectly.

    5. No refund of the transfer fee will be paid in the event that the engagement subsequently terminates.

    6. The client agrees that subsequent bookings of a Temporary Worker previously introduced by The Agency must be booked through The Agency unless a period of 12 months has lapsed since the Temporary Worker was last booked by The Client. If the Client does not fulfil this requirement agency fees will be payable as per 5.2.

    7. Should the temporary booking extend to 16 uninterrupted weeks, the transfer fee will be waived if the Temporary Worker takes up employment with The Client within 8 weeks from the last temporary assignment.

  6. LIABILITY

    1. Whilst every effort is made by the Agency to give satisfaction to the Client by ensuring reasonable standards of skills, integrity and reliability from Temporary Workers and further to provide them in accordance with the Client’s booking details, the Agency is not liable for any loss, expense, damage or delay arising from any failure to provide any Temporary Worker for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Temporary Worker. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.

    2. Temporary Workers supplied by the Agency are not the employees of the Agency but are deemed to be under the supervision, direction and control of the Client from the time they report to take up duties and for the duration of the Assignment. The Client agrees to be responsible for all acts, errors or omissions of the Temporary Worker, whether wilful, negligent or otherwise as though the Temporary Worker was on the payroll of the Client. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations, Health and Safety At Work Act etc., by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the

    3. Client’s own staff, including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Temporary Worker during all Assignments.

    4. The Client shall advise the Agency of any special health and safety matters about which the Agency is required to inform the Temporary Worker and about any requirements imposed by law or by any professional body, which must be satisfied if the Temporary Worker is to fill the Assignment. The Client will assist the Agency in complying with the Agency’ duties under the Working Time Regulations by supplying any relevant information about the Assignment requested by the Agency and the Client will not do anything to cause the Agency to be in breach of its obligations under these Regulations. Where the Client requires or may require the services of a Temporary Worker for more than 48 hours in any week, the Client must notify the Agency of this requirement before the commencement of that week.

    5. The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Temporary Worker for the Temporary Worker to fill the Assignment.

    6. The Client undertakes not to request the supply of a Temporary Worker to perform the duties normally performed by a worker who is taking part in official industrial action or duties normally performed someone who has been transferred by the Client to perform the duties of the person on strike or taking official industrial action.

  7. TERMINATION

    1. The Client undertakes to supervise the Temporary Worker sufficiently to ensure the Client’s satisfaction with the Temporary Worker’s standards of workmanship. If the Client reasonably considers that the services of the Temporary Worker are unsatisfactory, the Client may inform the Agency within four hours of the Temporary Worker commencing the Assignment.

    2. The Agency or the Temporary Worker may terminate an Assignment at any time without prior notice and without liability.

    3. The Client shall notify the Agency immediately and without delay and in any event within 24 hours if the Temporary Worker fails to attend work or notifies the Client that the Temporary Worker is unable to attend work for any reason.

    4. The Agency shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Temporary Worker supplied to the Client is unsuitable for the Assignment and shall be entitled to terminate the Assignment forthwith by notice in writing without prior notice and without liability.

  8. AMENDMENTS

    1. The Agency reserves the right to amend the Terms and Conditions at any time. Terms and conditions will automatically be updated at the start of a new tax year.

  9. LAW

    1. These Terms and Conditions will be governed by and construed in accordance with English law.

    2. Each party irrevocably agrees that the Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms and Conditions and any matter arising from them.

  10. AGENCY FEES

    1. The Agency charges the following placement fees for nursery, crèche and childcare setting placements:

    2. £16 ph for temporary staff.

    3. 8% Workers annual salary with a minimum of £300

    4. I have read and understood the terms and conditions of business set out on pages 1- 5.

    5. I agree and accept the terms and conditions set out by Alice Rimmer The Manchester Childcare Company