VILLAGE CHILDCARE - TERMS AND CONDITIONS

1. The Contract
These terms and conditions of Business are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales. The following represents a legally binding contract between you the client (the "Client") and Village Childcare (the "Agency"). The term "Candidate" refers to a person introduced to the Client by the Agency. English Law Applies. Instruction by the Client to the Agency whether written or verbal, to introduce an appropriate Candidate or Candidates for interview will represent acceptance by the Client of these terms and conditions. Unless the context requires otherwise, references to the singular include the plural.

1.1 The Company is not an employer of Childcarers but acts as an introduction agent of Childcarers to its Clients.

1.2 The Client accepts these Terms and Conditions of Business when an Introduction takes place

1.3 The Company cannot guarantee that the Candidate will complete his or her proposed length of stay or Engagement.

2. Our Placement Guarantee
2.1 If a Candidate employed as a permanent placement with the Client does not start employment, or has their employment terminated (in writing) or leaves within the first 4 weeks of starting employment the Agency guarantees to provide one replacement Candidate within a predetermined time frame, the minimum time frame is 7 days and will not exceed 4 weeks from the date of instruction to replace the existing Candidate under the Agency's guarantee policy, the following conditions apply to this guarantee:
2.2 The Agency must be informed in writing (email is acceptable) and by telephone within 48 hours of the cancellation of the booking or termination of the employment.
2.3 The relevant fee has been settled in full within 7 days of the date of invoice;
2.4 The booking has not been cancelled by the Candidate due to difficult requests by the Client;
2.5 The employee has not left due to difficult or unreasonable working conditions or due to a change in the job description or change in location;
2.6 The Client is still intending to employ a child carer and the Agency is given 3 weeks to find a suitable replacement.
2.7 Absolutely no refund will be given where the Client retains a Candidate, even when the Client considers the Candidate to be unsatisfactory.

3. Village Childcare Placement Fees
3.1 As soon as a Candidate has been offered a position and has accepted a position, the fee shall become immediately payable. Fees, as noted on the current rate of Agency charges, are payable strictly within 7 days from the date of the invoice or prior to the commencement of engagement, whichever is first, the Agency will submit an invoice. The Agency reserves the right to charge the Client a 20% surcharge on all accounts not settled within this period.
3.2 Fees are due in respect of each Candidate placement with the Client or as otherwise noted. Candidate returning to a Client at a future date whether part-time, full-time, permanent or temporary or where a temporary or part-time engagement is extended - the appropriate additional fee shall apply, this is set at 50% of the original placement fee. The Client agrees to notify the Agency immediately when re-engagement or extension of a temporary engagement occurs.
3.3 In the case of temporary positions and unless otherwise agreed the relevant fee is based on the number of weeks initially requested. No refund or reduction from the Agency's current rate will be given if the number of weeks is subsequently reduced. If the temporary period is subsequently extended then paragraph 2(b) above will apply.

4. Cancellation and Refund Policy Agency fees are non-refundable. If a refund is agreed, the Agency reserves the right to charge an administration fee of ?85 on cancelled bookings whether confirmed in writing or verbally. Should the Client cancel any booking prior to the Candidate starting the booking, the Client is asked to pay the Candidate compensation against loss of earnings as stated:-One week's salary for bookings of 5 weeks or less Two week's salary for bookings of 5.1 weeks or more

5. Expenses In the case of temporary bookings, the Client is required to reimburse the Candidate's travel expenses for attending interviews and travel expenses incurred for the duration of the booking, this will not exceed ?4 per day. The Client is asked to request receipts in advance if they are required. The Client is not expected to pay travelling expenses to the Candidate as standard however; this should be considered in the salary offered. In the case of Candidates using their own transport to carry the Client's children, a fixed rate of no less than 0.45p per mile should be paid to cover running costs. Please provide the Candidate with the necessary parking permits (at the Client's expense) where necessary.

6. Tax and National Insurance Village Childcare will take this opportunity to remind clients that they are legally responsible for their employees Tax and National insurance contributions and for providing a detailed payslip showing the above mentioned contributions. Please ask your Agency consultant for further information on Payroll services and Nanny Tax services which are designed to make the process easier for the Client and Candidate

7. Client and Candidate Information All Client and Candidate information and communication, whether written or verbal and however communicated, shall be confidential between all parties. The Client may not pass on any information including the details of Candidates or recommend a Candidate to a third party resulting in employment of any kind whether paid or unpaid, in doing so the Client will be liable for the full fee immediately and failing to notify the Agency of this will result in legal action to recoup the relevant fee and it is also the obligation of the Client to immediately inform the Agency when a Candidate is introduced by the Agency who has already been introduced by a third party. The Agency will otherwise presume that the introduction has been facilitated by the Agency and the relevant fee will become payable.

8. Agency and Client Liability The ultimate decision to employ a Candidate is the sole liability of the Client. The Agency undertakes to present to the Client only the most appropriate Candidates and the Agency does not and will not accept any liability under any circumstances for any losses, damages or difficulty howsoever arising and whether caused directly or indirectly from an act or omission of a Candidate introduced by the Agency and incurred or suffered by the Client, the Client's dependents, or any other person, arising out of any alleged or actual actions or omission of the Candidate or of the Agency. By instructing the Agency to Introduce Candidates to the Client and in hiring a Candidate introduce by the Agency, the Client agrees to indemnify and hold harmless the company and its personnel against all liability and losses in accordance with these terms and conditions. No assurance or warranty is offered in respect of the experience, suitability, honesty, capability or character of any Candidate introduced by the Agency and employed by the Client. Candidates are not the employees of the Agency. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.

If you have any questions regarding these terms and conditions, please contact your Village Childcare Consultant for clarification.