1. The verbal instruction of the Agency by the Client to submit suitable applicants for contact or interview, or the submission in any format of a completed Family Registration Form, whether signed or unsigned, to the Agency by the Client, (or the Client's appointed Agent), shall be deemed as full acceptance of the Agency's Terms and Conditions.
No variation to these terms can be made, except with authority in writing by Norma Lewis.
2. All details concerning the Applicant are confidential, and remain the property of the Agency. These details cover both those passed to the Client by the Agency, or directly to the Client by the Applicant themselves.
3. If a Client should initially refuse an Au Pair, or any other Applicant, offered by the Agency, and should then subsequently engage this same Applicant, an invoice will be issued to the Client for immediate payment.
4. Should a Client subsequently employ or otherwise utilise the services of an Applicant introduced to them by the Agency, in any other capacity other than that for which they were initially introduced, and /or employed, if this would have entailed a greater payment due to the Agency, then an additional appropriate invoice, or part invoice, will be issued to the Client for immediate payment.
5. The Client accepts the Applicant's details on the condition that such information will not be disclosed to 3rd parties. In the event of the Client passing any such details to a 3rd party, resulting in an engagement of the Applicant by that person or another, the Client shall be liable for the Agency's normal fees as per the current scale of charges, as though they themselves had engaged that Applicant.
6. The Agency makes every reasonable effort to put forward suitable applicants to the Client. To this end, the Agency will seek to provide the Client with all relevant information concerning the Applicant, and to check details, documentation and references. However, the final decision of whether to employ the applicant rests with the Client, who is therefore advised to check documentation, details and references personally. The Agency does not offer any warranty as to the suitability, honesty, character or capability of any Applicant.
7. Where the Client requires the Applicant to drive, the Agency will submit applicants who hold a driving licence valid for the UK. However it is impossible for the Agency to be able to assess the level of competence of the applicant's driving, and it is the Client who must ensure that they have the standard of driving required. It is also the responsibility of the Client to provide a vehicle that is roadworthy, taxed, holds a current MOT, and insured, for the Applicant to drive. The Agency will not be held responsible for any act or accident involving the applicant whilst driving. The Agency will not offer a free replacement where the driving skill of the Applicant is not to the standard required by the client.
8. The Agency accepts no responsibility and liability of any kind for any inconvenience, loss or damage of property, or any loss or injury howsoever arising directly or indirectly from any act or omission of any applicant introduced by the Agency, even if such an act is negligent, malicious, fraudulent, or reveals dishonesty. For the avoidance of doubt, in no circumstances shall the Agency's total liability to the Client, whether in respect of goods or services, and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the fee paid by the Client.
9. The Client must inform the Agency immediately an engagement is agreed between themselves and the Applicant. (The Acceptance Date). Details must be supplied at that time of the date the Applicant is due to arrive / start (Commencement Date), and agreed wages (when appropriate).
10.An offer is counted as a definite Placement once a firm offer (either verbal or oral) is made to the Applicant, has been accepted by them, and after having confirmed this offer by either telephone, or in writing to the Agency. Once the offer is a definite Placement, the full fees will be payable
11. A verbal acceptance of the Applicant by the Client is as equally binding as a written acceptance.
12. Should a Client retract an offer (either written or verbal):
a)within 3 working days of it being made to and accepted by the Applicant, then an administration Fee will be charged at the following rates:
£100 for an invoice of £350 or under
£150 for an invoice of £350 -£500,
£200 for an invoice over this amount.
This administration Fee will apply in all instances of offer / withdrawal, including a Client deciding not to wait for the length of time necessary for a Visa Application to be processed by an Applicant.
An Invoice for an Administration Fee is payable within the same 5 day period as a Placement Invoice, and if unpaid, will be subject to the same late payment charges.
b) If the client wishes to withdraw an offer after 3 working days of it being made to, and accepted by the Applicant, no refund will be available.
13)If the Client is applying for a refund due to exceptional circumstances, the Client will be requested to put these reasons in writing, and the decision will be at the sole discretion of Norma Lewis.
14)In the case of an accepted Offer being retracted by the Client, then the Client will be responsible for any travel or visa application expenses already incurred by the applicant. The Agency guarantees to pass on these expenses to the applicant.
15) Placement fees as set out in these Terms are due to be paid in full to the Agency by the Client within 5 working days of the Client’s acceptance of the Agency’s Applicant, or within 5 working days of the date of the Issue of the Invoice. There are no exceptions to this, and the Fee is due and payable in the time frame stated, and NOT on, or subsequent to, the Applicant’s Commencement date. Neither is payment reliant on confirmation of an exact starting date by an Applicant. Late payment will incur extra charges, see Clause 16.
An Applicant may not start with a Client before the Invoice is paid.
16)In the event of an invoice being unpaid:
· for longer than 5 working days, the Client will be charged an additional late payment Fee :
£35 for any invoice of £375 or under,
£50 for any Invoice over this figure.
· If the Invoice is outstanding for 10 working days, the late payment fees will increase to
£70 and £100 for the 2 different levels of Invoice.
Should a cheque be returned by the Bank for any reason then the Client will be liable for any costs incurred by Norma Lewis Domestic Staff in the pursuance of payment, and any related Bank charges, as well as the consequential late payment Fees.
Should the Invoice remain unpaid, and a Final demand ignored, the matter will be pursued further, and the Client will be responsible for settlement of any necessary court recovery costs, and /or other associated charges incurred. This will include an administration charge of a further£100, in addition to the 2 previous charges for late payment.
17)Late payment of an Invoice will also negate the Client’s rights to any refund should the Applicant not work out, and leave within the first 4 weeks of the Placement.
18)Should the Applicant cancel after accepting a Family, but before his / her arrival, or if a visa is refused, either a suitable replacement will be found, or if after 15 working days this has not been possible, the Client will be issued a full refund of Fees.
If the Client does not give the Agency 15 working days to find a replacement, but instead accepts one from another Agency, or another source, within that time frame, no refund will be made.
If in the Agency’s opinion, a suitable replacement has been offered within the time frame, but not accepted by the client, no refund will be payable.
19)The Agency has the right to remove an Au Pair or any Applicant from a Family if that Family:
a) fails to follow either the Agency Terms and Conditions, or the Home Office Guidelines and Rules for the Au Pair Programme, concerning working hours, days off, duties and pocket money.(Please see your guide to "what is an Au Pair"). b) In any matter relating to the personal safety of the Applicant, and in the event of severe misconduct by the Family, including harassment of a personal or sexual nature.
c) gives false information, or omits important information on the Family Registration Form.
The Client shall indemnify the Agency against all expenses or liability suffered by the Agency as a result of the inaccuracy of any such information.
d) lack of compliance by the Client with their legal obligations regarding employment and fiscal regulations, (see Clause 20)
In all these cases, the Client will forfeit their right to a refund.
20)The Agency does not employ the Applicants introduced, and any Contracts of Employment entered into between the Client and the Applicant are between those persons directly. The Client is responsible for complying with all employment, fiscal, and other legislation, particularly including that related to PAYE and National Insurance.
21)The Client must ensure that the place of work complies with Health and Safety legislation during the Placement period, and is also advised to check their household insurance policy for the duration of the placement .If the Client wishes the Nanny / Mother's Help or other Applicant to have their own personal liability insurance for the duration of the employment, then it is up to the Client to discuss this with the Applicant prior to any offer of employment being made.
22)The Agency cannot guarantee that an applicant will complete his/her proposed length of stay, and similarly does not guarantee to the applicant that the Client will retain and pay them for the entire period requested, as the Client's own home/job circumstances may change at any time. The placement fee relates solely to the search and submission of applicants by the Agency to the Client, subsequently the successful submission of the applicant, and specifically not the length of the placement term.
23)If the Client wishes to terminate the contract, then a minimum of 2 weeks’ notice, or money in lieu of, must be given to the Applicant, and the Agency notified immediately. In the case of an Au Pair, (or any live -in person), that person should be allowed to continue with their normal duties, and receive their allowance and full board as usual.
An Applicant must not be made to leave the Family Home unless criminal activity has taken place, in which case the client should inform both the Police and the Agency.
Should the Client wish the Au Pair or Applicant to leave their Home, then alternative accommodation must be provided at the expense of the Client for the equivalent period of 14 days' notice.
In all cases, any monies owed by one party to another must be paid.
Failure to comply with the above will negate the Client’s rights to a refund.
The Client will indemnify the Agency against any liability sustained by the Agency by reason of any breach by the Client of any such conditions attached to the Applicant's stay.
24)Once an Au Pair placement has been made, it is the Client who is responsible for making all the travel arrangements with the Au Pair, for meeting the Au Pair at their point of entry into the UK, or for paying for the Au Pair's onward journey to the Family Home. If the Au Pair is not met by the client, or suitable onward travel arrangements are not made for her, she may be placed with another family, and no refund will be made. This will be at the sole discretion of Norma Lewis. The same applies to any category of placement made where the successful applicant is coming into the UK specifically to start work for the Client Family.
25)Norma Lewis Domestic Staff Agency automatically sends regular information to all previously registered Client Families through the medium of e-mails. It is the Client's responsibility to inform Norma Lewis Domestic Staff if they wish to be removed from this Database, and give any information required in order for this to occur.
26)If any single element of these conditions should be held to be unreasonable, invalid or unenforceable in any respect, such element, illegality or unenforceability shall not prejudice the effect of the rest of these conditions to the extent that they are reasonable, legal and enforceable.
27)The relationship of agent and principal shall not subsist between the parties.
28)The laws of England shall apply to this contract, and the English courts shall have exclusive jurisdiction.