“We, us, our, The Agency” refers to Privé Recruitment Limited.
“You, your” refers to the Client/Host Family who engages The Agency to introduce Au Pair Candidates/Nannies/Private Staff for an agreed Fee
“Au Pair, the Candidate” refers to the person introduced by The Agency to the Client for an Engagement
“Engagement” means the Candidate accepting a position/role/job offered by the Client
The Agency acts as an Agent for introductions and does not employ Candidates. The client accepts that The Agency does neither directly or indirectly employ the Candidates. The fees to The Agency are for the introduction only.
Upon receipt of your completed Registration Form, we will use all reasonable endeavours to introduce you to Candidates that match the requirements described in the Registration Form.
The Agency provides Clients paperwork with details of the Candidates, including, but not limited to, Curriculum Vitae’s, Police Checks, Medical Reports and References. The Client agrees that The Agency cannot be held liable for inaccuracies or deficiencies in this or any other paperwork provided by the candidate. It is the Clients responsibility to be satisfied as to the suitability of a Candidate before agreeing to offer him/her employment. We do not offer any Warranty in respect of the suitability of a Candidate we introduce to you.
If you offer the role to one of our Candidates that we have introduced to you, you agree to provide us with proof of your identification, such as a passport, and proof of your address, such as a recent utility bill. For Au Pairs you also agree to provide a Host Family Welcome Letter for the Au Pair setting out the Terms of his/her role and a timetable setting out the weekly schedule for the Candidate.
The agency can provide an example of a template Welcome Letter for the Client to use, but the final Terms of that Welcome Letter are between you the Client and the Candidate. The Welcome Letter must incorporate the matters under the ‘Client Responsibilities for Candidate Engagement’ listed below.
You confirm that all information supplied to us is honest, correct and complete. You agree that you will notify us of any change in your circumstances or change in your requirements. If the aforesaid changes will affect the Candidate, then you should also notify the Candidate as soon as is reasonably possible.
The Agency holds no responsibility for the Client and Candidate’s employment contract and such matters are to be arranged between Client and Candidate. The Agency may offer a template Employment Contract, which the Client may use as a guide or point of reference. Once the contract between Client and Candidate is drawn, the Client is responsible for the submitting a copy to The Agency. This is in line with The Conduct of Employment Agencies and Employment Business Regulations 2003 (effective April 6, 2004). The Agency is not liable for any losses, personal injury or death resulting from its negligence.
Additional to The Agency taking up references on the Candidate, the Client agrees to also satisfy himself as to the suitability of any Candidate and shall take up any references provided by the Candidate and/or The Agency before Engaging the Candidate in employment. The Client shall be responsible for obtaining work and other permits for the Candidate where necessary. It is the responsibility of the Client to inspect original employee documentation as it is not always possible for The Agency personnel to do so. Client holds full responsibility for the arrangement of any medical examinations and/or investigations into the medical history of the Candidate and qualifications as may be required by law.
PAYMENT OF FEES
We ask all our Clients to pay a £40 Registration Fee once registered so that we can begin to Engage Candidates on your behalf. The Registration Fee will be deducted from your invoice when we find the right Candidate for you. The Registration Fee is non-refundable. Returning Clients are exempt from the Registration Fee.
You agree to notify us immediately if an offer of Engagement is made by you to the Candidate. Once this offer has been accepted by the Candidate, you agree to pay us the appropriate Placement Fee. Our Fee Structure can be found in the “Our Fees” section of our website. The Agency reserves the right to amend or update the Fee Structure at any time without notice.
Invoices for all Candidates are payable within 5 working days of the date of issue and before the Candidate is due to arrive, whichever is sooner. Payments not received within 5 working days will result in the Agency offering the Candidate to an alternative Client.
All Fees not settled in accordance with The Agency Terms and Conditions are subject to an additional 10% surcharge on each re-invoice which may occur every 7 days. This is cumulative and will be added to each invoice until it is paid. You agree that you shall be responsible for any loss of costs we incur in recovering unpaid sums from you.
The Candidate will only book his/her travel arrangements (where applicable) upon The Agency’s receipt of the Welcome Letter, proof of your identification, proof of address and the Placement Fee.
No VAT is charged.
CANCELLATION AND REPLACEMENT OF AU PAIRS
Before arrival – if you cancel, for any reason after a Candidate has been Engaged and before your Au Pair arrives, once the placement has been confirmed and the Candidate has accepted the position, there will be no refund of the Placement Fee. If the Candidate has already incurred travel cost at the time of cancellation, which cannot be refunded, then the Client accepts that they are also liable to reimburse the Candidate for these costs.
Before arrival – in the event of cancellation by the Au Pair prior to arrival, or complete non-arrival of the Au Pair, we will make it a priority to introduce you to a potential replacement Au Pair to match the requirements described in your original registration form. We cannot offer you a refund if, for whatever reason, you decide you no longer require us to find you an Au Pair. Should we be of the opinion that we have been unable to introduce a suitable potential replacement Au Pair within a 4 week timescale, then a refund of fees will be available subject to a minimum deduction of an admin fee of £50. No refund or replacement will be provided if the introduction fee has not been paid in full and within 5 working days of the date of issue of the invoice or before the Candidate was due to arrive, whichever is sooner.
After arrival – for Engagements with a duration of 6 months or less: The Agency is under no obligation to provide further introductions after you have Engaged the Au Pair and after his/her arrival, the Au Pair does not stay for the agreed term of the Engagement for any reason. The Agency may, at its discretion, assist with further introductions. No refund of the Placement Fee will be provided.
After arrival – for Engagements with a duration of 6 months or more:
If we introduce an Au Pair to you and after you have engaged the Au Pair and after his/her arrival, you consider the Au Pair to be unsuitable, we will at our discretion, introduce you to further Candidates. In order to qualify for further introductions to potential Au Pairs, you will need to inform us in writing about the situation within 28 days of the Au Pair’s arrival in your home. No refund or replacement will be provided if the Placement Fee has not been paid in full and within 5 working days of the date of issue of the invoice or before the Candidate arrived, whichever was sooner.
In the event of serious misconduct or false information being given by you, the Candidate may terminate his/her employment immediately and no refund or replacement will be due from us.
Free replacements must be taken up within 14 days of the offer otherwise we will terminate the contract.
You will not be entitled to a refund if you reject all of the offered replacement Candidates.
Should we be of the opinion that we have been unable to introduce a suitable potential replacement Candidate within a 4 week timescale, then a refund of Fees will be available subject to a minimum deduction of an admin fee of £50.
If a replacement Candidate who we have introduced to you, again leaves or is dismissed, then you accept that we have fulfilled all of our obligations to you and that no further introductions, replacement or refund is due from The Agency.
In addition to the above, The Client accepts that they are not entitled to a Replacement if any of the following conditions apply:
- The Client did not notify The Agency within 5 working days of the termination of Engagement of the Candidate
- The Client has not paid The Agency Fees in full in accordance with these Terms
- A Candidate left their engagement with the Client because the Canidate believes that the Client did not comply with any aspect of the Welcome Letter from the Client
- A Candidate was asked to leave by the Client without the required Notice Period or Pocket Money was withheld or not paid in full
- A Candidate has complained of abuse or mistreatment by the Client, the Client’s family or any acquaintances
- A Candidate has not been provided by the Client with their own private room or has not been treated like a member of the Client’s family, including providing food and all amenities
- A Candidate has not been allowed by the Client to take their agreed days off or if the Client has not met the Candidates Paid Holiday/Bank Holiday entitlement.
The Client is responsible for paying any Candidate directly. Should employment of a Candidate introduced (directly or indirectly) by The Agency be extended or made permanent within 2 years of The Agency’s introduction of the Candidate to the Client, the Client is required to pay the difference between the original Fee charged and the Actual Fee that is due on the new time period of employment.
CLIENT RESPONSIBILITIES FOR CANDIDATE ENGAGEMENT-AU PAIRS
Holiday: You should allow your Au Pair to take 28 days paid Holiday per year, including public (Bank) Holidays, allowing the Au Pair to go home to visit their family if they wish. For placements of less than 12 months, this should be calculated on a pro-rata basis of 1.66 days per month. You should agree with your Au Pair as to when Holidays should be taken and whether you need their Holiday to coincide with yours and whether you wish them to accompany you on holiday. You should continue to pay them Pocket Money during their Holidays.
Driving: If you require your Au Pair to drive, we will endeavour to find such a Candidate and will ensure they have a valid driving licence for their country. The Agency cannot be held responsible or accountable for an Au Pair’s driving ability. It is your responsibility to ensure you take out fully comprehensive insurance for an Au Pair, informing your insurance company that the Candidate is a Foreign National, as neither The Agency or the Au Pair can be held responsible for any costs incurred due to an accident/loss/damage/death in any circumstances.
Pocket Money: Au Pairs should be paid weekly in arrears in accordance with the Agency Fee Structure found in the “Our Fees” section of our website.
Hours and Time Off: The hours of help the Au Pair provides should be spread over 5 days and agreed by discussion between the Client and the Au Pair before the placement commences. The Client should allow the Au Pair to have 2 full (24hour) days off per week. These exact days should be agreed by discussion between the Client and the Au Pair and should include at least 1 weekend per month. On a day off, an Au Pair should not be required to help the Client.
Sickness: If the Au Pair is ill and unable to perform their duties, the Client will continue to provide them with accommodation, food and Pocket Money until such time as other arrangements can be made for their care or until they are well enough to continue with their duties.
Family Life: Au Pairs should be allowed to live as part of the family (not as hired help) and should be given opportunity to participate in family life. They must have their own room within the residence, have adequate heating and studying facilities as well as a bed and wardrobe, and receive full board.
Care of Young Children: Au Pairs placed by The Agency must not have continuous sole charge of a child under 2 years of age. If your child/any of your children are under Two years of age, you agree that you take full responsibility if you do ask your Au Pair to care for him/her/them.
Insurance: You are responsible for ensuring that your home contents insurance policy includes cover for employers. The Client shall also ensure that any Candidate the Client employs has Public Liability Insurance where necessary and the Client shall also ensure the Client has Employers’ Liability Insurance in force for any Candidates the Client employs.
Notice: You agree that any terms of engagement between you and an Au Pair will be subject to a minimum 2 weeks’ notice period by either party. In the event of serious misconduct by either party, the other party shall be entitled to terminate the Engagement immediately. Should the misconduct be on the part of the Au Pair, you will be responsible for providing appropriate accommodation for a period of 3 days from the date of termination.
CANCELLATION AND REPLACEMENT OF NANNIES/MATERNITY NURSES/HOUSEHOLD AND ALL OTHER STAFF AND CANDIDATES
There are no refunds due should the Client cancel the booking or reduce the days required once a Candidate has been Engaged. In cases where a Candidate is employed for specified dates but continues to work for the Client afterwards or is allowed to remain in the household on a paid or unpaid basis beyond the specified dates, the Client will be charged the difference between the Original Fee charged and the Actual Fee that is due on the new time period of employment.
TAX AND NATIONAL INSURANCE
The Client accepts that they are responsible for complying with any relevant statutory Employment Regulations associated with the Engagement of the Candidate. For some of the Candidate types the Client will be classed as an ‘Employer’ and the Client accepts that they are responsible for understanding and meeting any requirements of an Employer under Employment Regulations, including but not limited to paying and administering National Insurance and Taxes.
The Client accepts that they are responsible for complying with any relevant Pension Regulations associated with the Engagement of the Candidate.
These Terms and Conditions are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.