TERMS AND CONDITIONS OF BUSINESS

DEFINITIONS

“Company” means Lemonjelly Childcare Solutions Ltd, whose registered address is 36 Coombe Hill Crescent, Thame, Oxon, OX9 2EH;
“Agreement” means the contract between the Company and the Client for the provision of the Services incorporating these Terms and Conditions as evidenced by the signing of the Registration Form and the acceptance by the Company in accordance with Clause 2(a).
“Client” means any person, nursery, firm, or company, to whom the Candidate is introduced by the Company;
“Candidate” means any nanny, parent’s help, babysitter, maternity nurse, nursery nurse or other child care professional as requested and described in the Registration Form who is introduced by the Company to the Client.
“Introduction” where the Company introduces a Candidate to a Client for temporary or permanent engagement or assignment.
“Assignment” the assignment of a Candidate to a Client by the Company to cover the temporary casual childcare requirements of a Client on an hourly basis or part thereof whereby Lemonjelly is deemed to be the employer and shall invoicing the Client in accordance with Clause 6.
“Engagement” means the engagement, employment or use of the Candidate by the Client or any third party on a temporary or permanent basis following an introduction by the Company where the Client will be deemed the employer and shall invoice the Client accordingly for the provision of services by such Candidate.
“Fees” means the relevant fee payable by the Client to the Company in accordance to Clause 7.
“Registration Form” means the form to which these Terms and Conditions are attached setting out, amongst other things, the Client’s details and requirements for a nanny or other childcare professional;
“Services” means the services to be provided by the Company as described in these Terms and Conditions; and
“Terms and Conditions” means the terms and conditions relating to the introduction of temporary and permanent Candidates to a Client or third party by email, post, telephone or in person by the Company for the purpose of an Engagement or Assignment by the Client and any subsequent terms and conditions agreed in writing by the Company
  1. CONTRACT
    1. These Terms and Conditions shall apply to the Agreement for the supply of Services by the Company to the Client and shall supersede any other documentation or communication between parties.
    2. These terms and conditions supersede any previous agreements, arrangements, documents or other undertakings either written or verbal.
    3. Any variation to these Terms and Conditions must be agreed in writing by the Company and the Client in writing.
    4. These Terms and Conditions do not apply or relate to the booking of the Company’s mobile crèche service. Separate terms are available from the Company.
  1. INTRODUCTIONS
    1. The Agreement between the Company and the Client, incorporating these Terms and Conditions, shall only come into force when the Company confirms acceptance of the completed Registration Form orally, in writing, by email or by conduct through the introduction of Candidates to the Client.
    2. The Company shall use reasonable endeavours to introduce to the Client Candidates which the Company considers suitable based on the information provided in the Registration Form. A suitable Candidate is one deemed by the Company to be any person who by way of reference to their qualification/ experience/references, meets the requirements as specified on the Registration Form or any changes to such Registration Form accepted in writing by the Company. Where the introduction is made for an Engagement the final responsibility for engaging the Candidate lies with the Client.
    3. The Company shall carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations
    4. The Company will take all reasonable steps to introduce Candidates who are of sound character, honest and reliable but cannot be held responsible for the conduct of a Candidate either before or during the Client’s Engagement/Assignment of the Candidate.
    5. The Company shall obtain references from each Candidate and ensure that the Candidate has first aid training and a recent CRB/DBS check but the Client must satisfy itself as to the ultimate suitability of a Candidate.
  1. ENGAGMENTS
    1. The Client shall provide full details to the Company of the Candidate required in the Registration Form and shall notify the Company immediately should it choose to either (a) engage a Candidate introduced by the Company or (b) to take a Candidate on Assignment from the Company. The following provisions in Clause 3 shall only apply upon the Engagement of a Candidate by the Client.
    2. Once an Engagement has been confirmed, the following shall apply;
      1. Clients shall be responsible for all payments in connection with the Engagement of the Candidate, including but not limited to salary, income taxes and national insurance, as well as obtaining relevant employer liability insurance.
      2. It is the responsibility of the Client to provide a contract of employment, to obtain work permits, if required by law, and to ensure that all other statutory obligations required to be carried out in respect of the Candidate’s Engagement are carried out.
    3. The Client should ensure that any Candidate they employ has current Public Liability insurance with a minimum £1,000,000 limit of indemnity
    4. Following notification by the Client of a Candidate’s acceptance of an offer of Engagement made by the Client, the Company shall send an invoice to the Client setting out the relevant Fee, as set out in Clause 7, which shall be payable within 10 days of receipt of such invoice.
    5. Should a Client pass on details of any Candidate to a third party resulting in the Engagement of such Candidate the Client shall be liable for the relevant Fee as stated in Clause 7 as if the Company had made the Introduction to such third party.
    6. Should a Client withdraw from an Engagement prior to its agreed commencement the Client shall be liable to the Company for 50% of the applicable Fee and covenants to pay the equivalent of 1 week’s salary to the Candidate by way of compensation.
  1. BABYSITTING
    1. a. Where a Client requires the services of a Candidate for babysitting, the Company will endeavour to provide a babysitter for the requested time, date and location stipulated by the Client however it cannot be guaranteed that such a Candidate will be found. Should it not be possible Lemonjelly will inform the Client at the earliest available time.
    2. A minimum of 24 hours’ notice is required when cancelling a babysitting Candidate, otherwise a minimum of 3 hours’ pay is due and payable to the babysitter and the Client’s booking fee will still apply.
    3. All babysitting Candidates must be re-engaged through the Company.

EVENT NANNIES

a.  It is the Clients responsibility to ensure that the correct number of event nannies are booked to look after the appropriate number of children. When booking event nannies to;

i) ‘be an extra pair of hands’ to support parents/guardians, the following adult to child ratios shall apply. Child’s age / Adult: Child ratio: 0–2yrs = 1:3,  2–3yrs = 1:4,  3yrs+ = 1:8

ii) ‘have sole charge care’ of the children, each nanny can care for a maximum of 3 children from the same or different families.

b. When booking a sole charge nanny we request that a child registration form is completed for each child.

c. The Agency accepts no responsibility for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly, from having the incorrect adult/child ratio.

  1. ASSIGNMENT
    1. The Client shall provide full details to the Company of their requirements for a Candidate in their Registration Form.
    2. b. Should a Client pass on details of any Candidate to a third party resulting in the Engagement of such Candidate the Client shall be liable for the relevant Fee as stated in Clause 7 as if the Company had made the Introduction.
    3. Clients must notify the Company of any reassignment of work or permanent engagement offers made to a Candidate.
    4. All re bookings of assignments must be made through Lemonjelly directly
    5. All Candidates supplied to a Client for an Assignment will be employed by the Company and as such the Company will be responsible for all payments including but not limited to salary, income taxes and national insurance required to the Candidate, as well as obtaining relevant employer liability insurance
    6. The fees payable in respect of the supply of a Candidate for an Assignment shall vary according the position undertaken and the qualification and/or experience of the Candidate.
    7. Fees shall be confirmed at the time of booking and will be charged per every 15 minutes worked by the Candidate with a minimum of 3 hours’ fee applicable to all assignments
    8. The confirmed fees shall be exclusive of any travelling or other expenses.
    9. If the Client reasonably considers that a Candidate provided by the Company is unsuitable and unsatisfactory, the Client shall forthwith cease to use the services of the Candidate and shall inform the Company as soon as reasonably possible. No charge will be made in connection with the services of the Candidate provided the Client provides satisfactory evidence to the Company and notification of the termination is given within the first hour of the commencement of the Assignment.
    10. If the Client cancels a booking within 24 hours of the proposed starting time of an Assignment of a Candidate, then the Client shall pay a minimum of the agreed rate for 3 hours’ work.
    11. All Candidates shall have a wage claim form which Clients are required to countersign to ensure it shows a true, accurate record of the hours worked by the Candidate. If Clients do not sign the wage claim form the Company will accept the Candidate’s record as accurate and invoice the Client accordingly
  1. NOTIFICATION AND FEES
    1. The Client shall pay the relevant Fee to the Company in accordance with these terms and conditions.
    2. The relevant Fee is as specified below. Such amount will be confirmed by the Company to the Client in writing or by email upon acceptance of the Registration Form. The Fee is inclusive of VAT:
      Permanent placements Temporary placements (up to 8 weeks)
      Fees vary according to hours contracted each week Nanny/Parent’s Help/Nursery staff Per week £80.00
      Less than 10 hours £270.00 Any period which is not a complete week, £20.00 per day
      11 – 20 £450.00 Maternity Nurse / Night Nanny Per week or part thereof £80.00
      21 –30 £600.00 Emergency/999 Nanny (less than 48 hrs notice) Per day £35.00
      31 – 40 £750.00 Event Nanny £30.00 booking fee
      41+ £900.00 Trial Day Booking  £20.00
       
      Nursery Nurse (any level) 7% annual Gross salary
      Assignment Fees Hourly rate for Assignments will be confirmed prior to the booking.
      Babysitting Service Annual Subscription £180.00 or Per booking £12.00
    3. The applicable Fee is payable in full, against an invoice submitted by the Company to the Client, within 10 days of the invoice date.
    4. In relation to permanent Engagements the Company may submit an invoice at any time following the Candidate’s acceptance of an offer of Engagement and not upon the commencement of Engagement. The Client will pay interest on all late payments at a rate of 4.00% per annum above the base lending rate of Barclays Bank where any payment due to the Company is late.
    5. Where the Engagement of a temporary Candidate continues after the initial specified term the Client will be charged the appropriate additional temporary Fee.
    6. If the Fee paid relates to a temporary placement of a Candidate who then becomes a permanent employee of the Client within 6 months from the date of the initial introduction the Client shall pay the difference between the accrued temporary Fee already due and payable and the permanent Fee at the time of the change in employment status.
    7. The Fee for a temporary or permanent Candidate applies to one Engagement only. Any Client employing or re-employing a Candidate following an Introduction by the Company shall be liable for the full Fee. It is the responsibility of the Client to inform the Company of such an Engagement.
    8. Where the Company has provided details, whether verbal or written, of a Candidate to a Client, the Client covenants that it will not accept the same Candidate from another Company. If the Client interviews and employs the same Candidate from another Company within 6 months of an introduction by the Company the Client will be liable to pay 50% of the relevant applicable Fee, in the event of an Engagement.
  1. DISCOUNTS
    1. A 15% discount will be applied to all new permanent Engagements where the Client agrees in writing, prior to the commencement of the search, to use the Company exclusively and not to conduct a search independently, through childcare websites and/or through other childcare agencies.
    2. Clients who have previously employed a permanent Candidate through the Company will be entitled to a 10% discount on all future Services and introductions.
    3. Any further discounts will be at the discretion of the Company.
  1. GUARANTEE AND REFUNDS
    1. Refunds shall only apply to the permanent Engagement of Candidates.
    2. If the Candidate does not commence an Engagement after accepting the same Engagement and after a contract has been agreed and signed by both parties, or the Candidate validly terminates the Engagement within the first 6 weeks of commencing such Engagement with the Client (other than as a result of the Client being in breach of the terms of its contract with the Candidate) the Company will either (a) offer to provide a suitable replacement within 28 days or (b) provide a refund, subject to the time limits and percentages set out in Clause 9 (c) below, provided the following conditions have been met:
      1. The Client has paid the Company’s invoice in full in accordance with Clause 7;
      2. The Client has notified the Company as soon as possible and in any event within three days of any failure by the Candidate to commence the Engagement or following the departure of a Candidate from such Engagement;
      3. Reasons for the departure of the Candidate was not due to unreasonable working conditions or demands, conditions differing from those stated in the Registration Form or contract of employment nor as a result of redundancy, or by reason of the Candidate’s race, sex, sexual orientation, religion, beliefs, any disability or age;
      4. The Client has not altered their requirements from the original specifications as set out in the Registration Form; and
      5. In relation to obtaining a replacement, the Client has not engaged another Candidate through another source within the 28 days that the Company has to find a replacement.
    3. Subject to the conditions in Clause 9(b) (excluding (b)(v)) being satisfied, the following rate of refund will apply.
    4. Period of Employment % of Fee Refund
      Engagement not commenced but accepted by the Candidate 90%
      Within first two weeks 70%
      After 2 weeks but before the end of the 4th week 50%
      After 4 weeks but before the end of the 6th week 20%
    5. The Client will no longer be eligible for a refund after a replacement Candidate has been found
    6. In the event a replacement cannot be obtained within 28 days, the Company will pay a refund in accordance with the length of period of employment stated above in Clause 9(c).
    7. The Company cannot guarantee the length of time that a Candidate will remain in their position.
    8. No refund shall be made for temporary, trial or babysitting placements.
    9. No refund will be given where the Client retains the service of a Candidate even though the Client considers them unsatisfactory.
  1. LIABILITY
    1. Subject to Clause 10(c), a party to the Agreement (the “First Party”) shall not be liable for any losses (direct or indirect) incurred by the other party (whether or not due to the failure of the First Party to comply with this Agreement) except for those losses which can reasonably be foreseen by the First Party would result from its failure to comply with this Agreement provided that any such liability of the Company shall be limited to the sum insured under the professional indemnity insurance policy held by the Company in the insurance year in which the Client’s claim is first notified.
    2. This Clause 10 does not exclude or limit in any way the Company’s liability for:
      1. death or personal injury caused by the negligence of the Company ; or
      2. fraud or fraudulent misrepresentation; or
      3. any other matter for which it would be illegal or unlawful for the Company to exclude or attempt to exclude the Company’s liability.
    3. The Company accepts no liability for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act or omission by any Candidates supplied to the Client by the Company, whether is it for temporary, permanent work on assignment or as an engagement.
    4. The Client shall be responsible for ensuring the Candidates compliance with all health and safety and other legislation related to them carrying out their duties.
    5. Subject to the provisions of this clause, the Client shall indemnify the Company against all claims, costs and expenses which the Company may incur and which arise directly or indirectly from the Client’s breach of any of its obligations under these Terms and Conditions.
    6. Time for commencement shall not be of the essence of the Agreement and the Company shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the introduction of Candidates to the Client.
    7. The Company can provide a draft sample contract of employment, but makes no representation whatsoever in relation to the documentation and cannot provide advice to either the Client or the Candidate about its content or terms of employment.
    8. The Company holds all relevant insurances and follows all required regulations for the running of an introductory agency
  1. TERMINATION
    1. The Agreement shall continue until an Engagement has commenced as required in accordance with the Registration Form or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
    2. The Client may terminate the Agreement if the Company fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 6 weeks after notification of non-compliance is given.
    3. The Company may terminate the Agreement if the Client has failed to make over any payment due within 3 weeks of the sum being requested (any such termination being without prejudice to the Company’s claim for payments owed).
    4. Either party may terminate the Agreement by notice in writing to the other if:
      1. the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
      2. the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances.
    5. Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
  1. CONFIDENTIALITY
    1. All information provided by either party to the other, including but not limited to any personal details relating to the Candidate or the Client, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Candidate, as the case may be.
    2. Records of all registrations will be held by the Company for a period of 3 years and will be treated as confidential.
    3. The Company is a registered data user under the Data Protection Act 1998 (the “DPA”), and as such will comply with its obligations under the DPA and will not pass on, share or sell your information to any third parties for any other reasons than those you have consented to.
  1. GENERAL
    1. Nothing in these Terms and Conditions intend to or confer any rights on a third party, including the Candidate.
    2. The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
    3. These Terms and Conditions, and any non-contractual obligations arising therefrom, shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.