TERMS AND CONDITIONS 

OF SERVICE 

1. Application 

1.1 These Terms and Conditions shall apply to the provision of Services by the Agent to 

the Client under the Agreement. 

1.2 In the event of conflict between these Terms and Conditions and any other terms and 

conditions (of the Client or otherwise), the former shall prevail unless expressly 

otherwise agreed by the Agent in writing. 

1.3 These Terms and Conditions shall be attached to the Registration Form and together 

they  shall  constitute  an  offer  (“the  Offer”) by the Agent to provide the Services 

specified in the Registration Form on these Terms and Conditions. 

1.4 The Client may accept the Offer within 14 days of the date of the Registration Form by 

signing and returning to the Agent a copy of the Registration Form, or by otherwise 

instructing the Agent to perform the Services. 

2. Definitions and Interpretation 

2.1 In these Terms and Conditions, unless the context otherwise requires, the following 

expressions have the following meanings: 

“Agent” means Perfect Nanny of 2nd Floor, 145-157 St John Street, 

London EC1V 4PY; 

“Agreement” means the contract between the Agent and the Client for the 

provision of the Services incorporating these Terms and 

Conditions 

“Assignment” means the introduction of one or more Candidates to the Client 

with a view to placing  

“Candidate” means a nanny, au pair, mother’s  help,  maternity  nurse, 

governess, other childcare professional, domestic staff or any 

other role requested by a Client; 

“Client” means any individual, firm or corporate body (which 

expression shall, where the context so admits, include its 

successors and assigns) which purchases services from the 

Agent; 

“Engage” / “Engaged” /  

“Engagement” means, as the context shall require, the Candidate 

commencing work and thereafter working for the Client; 

“Fees” means all fees payable by the Client to the Agent for the 

Services as detailed in the Registration Form; 

“Introduction”/ 

“Introduced” means the introduction by the Agent of a Candidate to the 

Client by whatever method including, but not limited to, 

providing a Candidate’s details or curriculum vitae to a Client  

for consideration; 

“Introduction Fee” means the fee specified in the Registration Form which is 

payable under Clause 10 of these Terms and Conditions; 

“Registration Fee” means the sum of £100 payable in accordance with Clause 4.2 

of these Terms and Conditions; 

“Registration Form” means a detailed written description of the Services prepared 

and agreed in accordance with Clause 4; 

“Services” means the services to be provided by the Agent to the Client 

as set out in the Registration Form, together with any other 

services which the Agent provides or agrees to provide to the 

Client; 

“Terms and Conditions” means the terms and conditions of supply of Services as set 

out in this document and any subsequent terms and conditions 

agreed in writing by the Agent; and 

“Terms of Payment” means the terms of payment of Fees as set out in the 

Registration Form. 

2.2 Unless the context otherwise requires, each reference in these Terms and Conditions 

to: 

2.2.1 “writing”,  and  any  cognate  expression,  includes  a  reference  to  any  

communication effected by electronic or facsimile transmission or similar 

means; 

2.2.2 a statute or a provision of a statute is a reference to that statute or provision 

as amended or re-enacted at the relevant time; 

2.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions  

and any Registration Form as amended or supplemented at the relevant time; 

2.2.4 a Clause or paragraph is a reference to a Clause of these Terms and 

Conditions (other than the Registration Form) or a paragraph of the relevant 

Registration Form; and 

2.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions. 

2.3 The headings used in these Terms and Conditions are for convenience only and shall 

have no effect upon the interpretation of these Terms and Conditions. 

2.4 Words imparting the singular number shall include the plural and vice versa. 

2.5 References to any gender shall include the other gender. 

3. Commencement and Duration 

3.1 The Agent shall provide the Services to the Client from the date specified in the 

Registration Form. 

3.2 The Services shall continue to be supplied until they are completed in accordance with 

the Registration Form, unless the Agreement is terminated in accordance with Clause 

16. 

4. The Registration Form 

4.1 The Registration Form shall be agreed between the parties and shall include such 

information as the Parties consider necessary for the successful provision of the 

Services, which may include (without limitation): 

4.1.1 the full name, address, email address, fax number (if any) and other contact 

details of the Agent and the Client; 

4.1.2 a description of the Services required; 

4.1.3 a description of the proposed Engagement; 

4.1.4 the date on which the Services and the Engagement are to commence; 

4.1.5 the length of the required Engagement (if determinable); 

4.1.6 the Fees (or the basis for calculation of the Fees); and 

4.1.7 the terms of payment of the Fees. 

4.2 The Client shall pay the Registration Fee to the Agent on agreement of the 

Registration Form.  The Registration Fee shall be refunded upon Engagement of a 

Candidate by the Client. 

4.3 No amendment shall be made to the Registration Form except in accordance with 

Clause 15. 

5. The Services 

5.1 The Agent will use reasonable care and skill to perform the Services. 

5.2 The Agent shall use all reasonable endeavours to complete its obligations under the 

Agreement, but time will not be of the essence in the performance of these 

obligations. 

6. Fees 

6.1 The Client shall pay the Fees to the Agent for the Services. 

6.2 The Client shall pay all Fees in accordance with the terms of payment specified in the 

Registration Form and Clause 7 below. 

6.3 The Fees shall be payable where: 

6.3.1 the Agent has Introduced a Candidate and the Client has prior knowledge of 

that Candidate in a context other than as a candidate for the Client’s vacancy 

6.3.2 the Agent has Introduced a Candidate and the Client Engages that Candidate 

in a position other than that specified in the Registration Form 

6.3.3 any Engagement of a Candidate is commenced later or terminated earlier 

than agreed in the Registration Form provided that the Agent shall not refund 

any Fees. 

6.4 All sums payable by either Party pursuant to the Agreement are exclusive of any value 

added or other tax (except corporation tax) or other taxes on profit, for which that 

Party shall be additionally liable. 

7. Payment 

7.1 Save as provided by sub-Clauses 7.2 and 7.3 below, all payments required to be 

made pursuant to the Agreement by either Party shall be made within 14 days of the 

date of the invoice to which those payments relate (‘the Relevant Invoice’). 

7.2 The Client shall pay all sums due to the Agent in full prior to the commencement of a 

Candidate’s Engagement, and the Client agrees that a Candidate shall not commence 

an Engagement until all such sums have been paid and that any such failure to pay 

and resulting delay in the commencement of the Candidate’s Engagement will not 

result in a refund. 

7.3 Where a Candidate is due to commence Engagement with a Client in a country other 

than the United Kingdom, all sums due to the Agent must be paid in full by the Client 

prior to the Candidate’s departure from the United Kingdom. 

7.4 All payments required to be made pursuant to the Agreement by either Party shall be 

made by such method as the other Party may from time to time nominate, without any 

set-off, withholding or deduction except such amount (if any) of tax as that Party is 

required to deduct or withhold by law. 

7.5 The time of payment shall be of the essence.  If the Client fails to make any payment 

on the due date then the Agent shall, without prejudice to any right which the Agent 

may have pursuant to any statutory provision in force from time to time, have the right 

to charge the Client interest on a daily basis at an annual rate of 10% above the base 

rate of NatWest plc from time to time on any sum due and not paid by the due date.  

Such interest shall be calculated cumulatively on a daily basis and shall run from day 

to day and accrue after as well as before any judgment. 

8. Maternity Nurse 

Where Candidates are required for the position of a maternity nurse, the Client must confirm 

the commencement and termination dates of the Engagement in writing and shall pay the 

nurse for the period between and including those dates regardless of whether the nurse is in 

fact required for the whole period. 

9. Changes to the Basis of an Engagement and Subsequent Engagements 

9.1 The provisions of this clause 9.1 shall apply where  the  basis  of  the  Client’s  

Engagement of a Candidate changes: 

9.1.1 The Client must immediately notify the Agent of such change and the effective 

date of the change. 

9.1.2 If the Registration Form is dated more than 3 months prior to the date of such 

change the Agent reserves the right to increase the Fees payable in respect of 

the new basis of Engagement. 

9.2 Where the Engagement of a Candidate is either: 

9.2.1 extended by agreement with the Agent; or 

9.2.2 has come to an end and the Candidate is re-Engaged by the Client within 6 

months of the end of that previous Engagement 

further Fees shall be payable by the Client to the Agent and the Agent reserves the 

right to increase the Fees. 

10. Introduction Fee 

Where a Candidate who is Introduced to but not Engaged by the Client is subsequently 

Engaged by the Client pursuant to an agreement with another agency within 12 months of the 

date of the Introduction, the Client shall be required to pay the Introduction Fee. 

11. Referrals 

If the Client or a member of the Client’s staff or any associate or acquaintance of the Client  

passes a Candidate’s details to any other person within 12 months of the Introduction which 

results in the Engagement of the Candidate by that person, the Client shall pay the Fees in 

accordance with the Agreement as if the Candidate was Engaged directly by the Client. 

The Client shall: 

12.1 cooperate with the Agent as may be required in order that the Agent can provide the 

Services; 

12.2 provide full details to the Agent of the work a Candidate will or may be required to 

undertake; 

12.3 notify the Agent immediately if he decides to engage a Candidate; 

12.4 notify the Agent immediately if the basis of the Client’s Engagement of the Candidate 

changes; 

12.5 satisfy himself as to the suitability of a Candidate and obtain his own references and 

carry out a Criminal Records Bureau check; 

12.6 be responsible for the employment of the Candidate and comply with all employment 

legislation governing the relationship between employer and employee; 

12.7 be responsible for obtaining any medical certificates, work permits or other approvals 

necessary for the Candidate to work for the Client prior to commencement of the 

Candidate’s Engagement; 

12.8 provide to the Agent a copy of the Candidate’s contract of employment; 

12.9 be responsible for the Candidate’s remuneration and, where relevant, the deduction  

and payment of income tax and National Insurance contributions in accordance with 

the Income Tax (Earnings and Pensions) Act 2003; 

12.10 where necessary, provide adequate levels of supervision to the Candidate in order to 

enable the Candidate to perform to the Client’s satisfaction and to ensure suitable  

standards of work; 

12.11 to the extent required, comply with all relevant legislation and regulations including, 

but not limited to, the Health and Safety At Work Act; the Working Time Regulations; 

the Sex Discrimination Act 1975; the Employment Equality (Sexual Orientation) 

Regulations 2003; the Race Relations Act 1976; the Employment Equality (Religion 

and Belief) Regulations 2003; and the Employment Equality (Age) Regulations 2006; 

12.12 in addition to the legislation and regulations detailed in sub-Clause 12.9, comply with 

any and all relevant industry codes of practice; 

12.13 to the extent required, be responsible for providing suitable Public and Employer’s  

Liability Insurance cover for the Candidate; and 

12.14 inform the Agent immediately if the Agent introduces to the Client a Candidate whose 

details have been given to the Client by another source.  If the Client fails to do so and 

subsequently Engages the Candidate, the Fees will be payable by the Client. 

The Agent shall: 

13.1 supply the Services; 

13.2 perform the Services with reasonable care and skill and to a reasonable standard and 

in accordance with recognised codes of practice and statutory obligations; 

13.3 take reasonable steps to introduce Candidates who are honest, reliable and of sound 

character, and shall obtain references where reasonably possible, but shall not be 

responsible for the conduct of Candidates; and 

13.4 keep on file a copy of the contract of employment between the Client and the 

Candidate. 

14. Refunds and Replacements 

14.1 Provided the conditions in sub-Clause 14.2 are met: 

14.1.1 if a Candidate Engaged by the Client leaves the Client’s Engagement or has 

her Engagement terminated by the Client within 4 weeks of the initial date of 

Engagement, the Agent will provide a refund of any Fees paid in advance in 

respect of the Engagement, subject to an administration fee of £100 

14.1.2 if a Candidate Engaged by the Client leaves the Client’s Engagement or has 

her Engagement terminated by the Client after 4 weeks but before 6 months 

from the initial date of Engagement, the Agent shall provide its services in 

finding a replacement Candidate at no extra charge 

14.1.3 if a Candidate Engaged in permanent Engagement by the Client leaves the