TERMS AND CONDITIONS OF BUSINESS
Please read this document carefully as it sets out the term and conditions relating to the introduction of temporary and permanent candidates to you by Lemonjelly Childcare Solutions.
Theses Terms of Business are deemed to have been read, understood and accepted by the Client upon the completion and return of our registration form, acceptance of a candidates CV, application for an interview and/or employment following an introduction from Lemonjelly Childcare Solutions.DEFINITIONS:
|“Agency”||Lemonjelly Childcare Solutions.|
|“Client”||means the person, firm, or company, to whom the Candidate is introduced.|
|“Candidate”||means the person who is introduced by the Agency to the Client.|
|“Engagement”||means the engagement, employment or use of the Candidate by the Client or any third party, following an introduction by Lemonjelly Childcare Solutions.|
|“Introduction fee”||means the fee payable by the Client to the Agency in accordance to these terms and conditions.|
|“Employer”||when the Client employs the Candidate they will become the Employer.|
|“Employee”||when the Candidate is employed by the Client they become the Employee.|
Lemonjelly Childcare Solutions acts as an introductory agency only.
LCS endeavours to be thorough in its selection of Candidates on the basis of the information supplied by both the Client and where relevant the Candidate, however the final decision to employ a Candidate remains the sole responsibility of the Client who must ensure their suitability.
All Clients must confirm any job offers in writing to the Candidate within 5 days of the offer being made.
The Client shall be responsible for all payments to the Candidate, this includes but shall not be limited to salary, income tax, and national insurance.
It is the responsibility of the Clients to provide a contract of employment and to provide work permits if required by law and to ensure that all other matters or things required to be carried out in respect of the Candidate's employment are carried out.
All information communicated, whether written or verbally, shall be kept confidential between all parties. Should a Client pass on details of any Candidates to a third party resulting in the engagement of permanent or temporary childcare the Client shall be liable for the full introduction fee as stated in clause 28 as if Lemonjelly Childcare Solutions had made the introduction.
7. Where the Agency has provided details, whether verbal or written, of a Candidate the Client cannot accept the same Candidate from another agency. If the Client accepts and interviews the same Candidate from another agency within 6 months of an introduction by LCS the Client will be liable for 50% of the introduction fees, in the event of an engagement.
The Client agrees to inform the Agency immediately upon the acceptance of a Candidate for employment and is then liable to pay the introduction fee.
Fees shall become payable upon the acceptance of a Candidate as stated in clause 8 above and not the commencement of employment.
Permanent fees are payable within 10 days from the date of the invoice submitted, temporary fees are payable immediately. Failure to comply with the payment conditions will result in a 5% administrative charge being added for each week the invoice remains outstanding.
Should a Client withdraw from an engagement prior to the commencement of employment the Client is still liable for 50% of the agency introduction fee and must pay 1 week's salary to the Candidate this is in addition to any retainer fee already paid.
Where the engagement of a temporary Candidate continues after the initial specified term the Client will be charged the appropriate additional fee.
All temporary and babysitting Candidates must be re-engaged through LCS.
Where a Candidate is employed on a temporary basis and is subsequently engaged on a permanent basis the Client is liable to pay the Agency the full permanent Candidate fees in addition to any sums already paid in respect of any previous engagements whether temporary or permanent.
Temporary fees are not discountable against a subsequent permanent fee.
In the event of Nanny and Job shares, the following shall apply:
a) Where the agency is approached by two Clients in order to find a Candidate whose services are to be shared between the two Clients, the Clients are liable to pay between them the Introduction fee in full in accordance to clause 28.
b) Where the Agency is approached by the Client in order to find both a Candidate and a 2nd Client with whom to share that Candidate, each Client shall be liable to pay 65% of the Introduction Fee in full in accordance with clause 28.
c) Where the Agency is approached by a Client to find both a Candidate and a 2nd Client (as described above in b), if a Candidate is Introduced by the Agency and if the Candidate is subsequently hired by the Client prior to a 2nd Client being found, the Client shall be liable to pay the Introduction Fee in full (in accordance with clause 28) and whilst the Agency shall endeavour to find a 2nd Client, no guarantee of this is given.
d) Where the Agency introduces one Client to another and both Clients subsequently share a Nanny who has not been introduced by the Agency, even if one Client already employs the Nanny, the Client who initially contacted the Agency shall be liable to pay 20% of the Introduction Fee in accordance with clause 28.
e) Where the agency is approached by a Client in order to find them more than one Candidate to fill a position, i.e. a job share the full introduction fee is payable in accordance with clause 28 for the predominant Nanny and a introduction fee of £150.00 is payable for any additional Nanny. This is only applicable if the job share arrangement commences within the same week.
The introduction fee of a temporary or permanent Candidate applies to one engagement only. Clients employing or re-employing a Candidate following an introduction by the Agency shall be liable for the full fees. It is the responsibility of the Client to inform the Agency of such an engagement.
When booking event nannies the minimum adult/child ratios applied must be in line with Ofsted's recommendations.
The Agency will endeavour to provide a babysitter for the requested time, date and location however it cannot be guaranteed. Should it not be possible Lemonjelly will inform you at the earliest available time.
A minimum of 24 hours notice is required when cancelling a babysitting Candidate, otherwise a minimum of 3hours is payable to the babysitter and your booking fee will still stand.
21 In the event of a Candidate who has been confirmed as a permanent placement leaves within 6 weeks of starting their employment with the Client a refund will be given, subject to the following conditions;
a) the Client has notified the Agency by the end of the second day any failure to commence employment or following the departure of an employee.
b) the Client has paid the invoice in full in accordance to clause 10 and 28.
c) the reasons for the departure of the employee was not due to unreasonable working conditions, or conditions differing from those stated in the registration form or contract of employment.
Where clause 21 is satisfied refunds maybe claimed in accordance to the following scale
Period of employment
Introduction fee refund
Up to two weeks
Up to three weeks
Up to Four weeks
Up to Five weeks
Up to Six weeks
In the event of a Candidate failing to commence employment and a suitable replacement cannot be found a full refund will be given.
No refund shall be made for temporary or babysitting placements.
All registered Clients who have previously employed a permanent Candidate through Lemonjelly will be entitled to a 10% discount on all future services and introductions.
LCS is an introduction/placement agency only. The agency holds no responsibility and shall not be liable for any direct or indirect claim, loss, expense, damage, delays, cost or compensation caused to any other party which may arise out of or in connection with any engagement of a Candidate by a Client.
Lemonjelly is a introduction/placement agency only. We recommend that you ensure any childcarer you employ has public liability insurance with a minimum limit of £1Million
LCS reserve the right to amend all or any part of these terms and conditions without prior notice provided that notice of such changes shall be supplied to the Client within a reasonable period thereafter or as soon as is reasonably practicable.
Fees vary according to hours worked each week
Less than 10 hours
11 – 20
31 - 40
Temporary placements (up to 8 weeks)
Maternity Nurse / Night Nanny
per week or part thereof
Emergency/999 Nanny (less than 48 hrs notice)
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.