Policy

Welcome to Central Nannies.

In these terms, we also refer to Central Nannies Ltd, a company registered in England and Wales under company number: 16813503 with registered office 28 Wilton Road, Bexhill-On-Sea, England, TN40 1EZ as “the Agency”, “our”, “we”, or “us”.

And you are: “the Client”, “you” and “your”.

What are these terms about?

These terms apply when you sign up for our Services through our website, being www.centralnannies.com and any other websites we operate with the same domain name and a different extension (Website).

These terms and conditions apply to all Recruiment Services performed by the Agency under any Client Registration Form agreed with you during the Term of this agreement.

This agreement will commence upon account registration and continue indefinitely unless terminated in accordance with clause 14.

Key Words used in these terms

When we say “Services” in these terms, we mean our nanny recruitment Services available through our Website (Website) and any of the services provided during the Services (Services). Our Services provide personalised nanny placements, thoughtfully matching families with nannies and household staff who fit your childcare requirements and family dynamic.

When we say “Candidate” we are referring to one of our approved, registered Nannies who will provide the nannying Services to you.

We have also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

Acceptance of these terms

Before you place an enquiry for our Services, please carefully read these terms. By clicking “accept” when you create an account, or otherwise proceed to engage with our Services and complete a Client Registration Form, you agree to be bound by these terms.

AQUIRING OUR SERVICES

• • By registering an Account and completing a Client Registration Form for our Services using the Website’s functionality you represent and warrant that you have the legal capacity and are of sufficient age to enter into a binding contract with us.
  • Registering an Account and completing a Client Registration Form constitutes your intention and offer to enter into a contract with us under these terms, where we will provide you with our Services in exchange for your payment..

ACCOUNTS

• • To engage our Services, you are required to sign-up, register and receive an account through the Website (an Account).
  • As part of the Account registration process and otherwise as part of your use of the Website, you may be required to provide personal information and details, such as your name, phone number, email address, preferred username, a secure password, billing and postal addresses, and other information as determined by us from time to time.
  • You warrant that any information you give to us, including information given in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
  • Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
  • We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

CLIENT REGISTRATION FORM

• • Upon Account registration, we require you to complete a Client Registration Form via our Website (Client Registration Form).
  • (Position Description) For all Client Registration Forms, you must include all information necessary for us to properly describe the Position to potential Candidates and assess the suitability of potential Candidates for the Position. We rely on the accuracy and completeness of the information you provide to us.
  • The Agency will review all Client Registration Forms when reviewing candidates.
  • If there is any inconsistency between these terms and conditions and any Client Registration Form, these terms and conditions will take precedence to the extent of the inconsistency.

CANDIDATE CRITERIA AND PROCESS

• • The Agency will source Candidates in accordance with the Candidate Criteria set out in clause 4(b).
  • In order to qualify as a Candidate provided under a Client Registration Form, a Candidate must (to the best of our knowledge):
    • be legally permitted and personally willing to work in the Location set out in the Client Registration Form;
    • undertake a Disclosure and Barring Service (DBS) check (if in the England or Wales, or the equivalent clearance in their jurisdiction if based outside of England or Wales);
    • meet the qualifications, skills and experience requirements set out in the Client Registration Form;
    • meet any other requirements set out in a Client Registration Form; and
    • attend an interview with you in accordance with clause 5,

(collectively, the “Candidate Criteria”).

• We will ensure that we have a Candidate’s permission to present a Candidate to you and obtain a privacy waiver from them to that effect.

INTERVIEWS OF CANDIDATES

• • We will conduct preliminary screening interviews of all Candidates that we provide to you.
  • If a Candidate passes our screening process, we will present the Candidate to you for approval for an interview, including a CV.
  • If you approve the interview, we will schedule an interview for you at a times that suits both yourself and the Candidate.
  • We strongly encourage you to review all Candidate Information we provide to you prior to an interview.

VETTING

• • We will vet Candidates against the applicable Industry Standard as set out in the Client Registration Form (Candidate Vetting).
  • We may conduct the Candidate Vetting after any interview.
  • We will take reasonable steps to validate relevant information which we collect from our Candidates, to ensure so far as practicable that the information we provide is substantially accurate, relevant, complete and up to date. However, we make no warranties re the same, and accept no responsibility for any dishonesty, misrepresentation or misleading information, or fraud of any Candidate.

OFFERS OF EMPLOYMENT TO CANDIDATES

• • You must notify us within 48 hours of:
    • Your assessment of and feedback for the Candidate;
    • whether you would like to offer employment to the Candidate, and if so, the actual remuneration and benefits to be offered set out in an employment contract;
    • any Candidate introduced through the Agency which has had an employment period extended;
    • any Candidate introduced to you through the Agency that you have introduced to any friend/family/acquaintance and was thereafter offered employment via that introduction
  • You are fully responsible for making any offer of employment to any Candidate:
    • that a Candidate has the qualifications, training, experience, and meets any other requirements necessary to undertake the Position; and
    • that our Candidate meets any suitability or occupational health and safety requirements imposed by law in order to work in the Position.
  • We will liaise with the Candidate on any offer you wish to make to a Candidate.
  • You must ensure that the employment contract is compliant with all applicable laws. We will not be liable for any claims of any Candidate under or in connection with an employment contract.

TEMPORARY PLACEMENTS

• • Any Booking for less than 12 weeks total duration is considered a Temporary Placement (Temporary Placement).
  • Temporary Bookings of less than 4 weeks must be paid in full at the time of booking.
  • For Temporary Bookings lasting between 4 and 12 weeks, a non-refundable Search Fee will be applied and deducted from the final invoice (Search Fee).
    • the Search Fees are set out on our Website, which we reserve the right to change; and
    • the Search Fee published on the Website at the time of booking will apply.
  • Start and Finish Dates will be confirmed at the point of placement.
    • If the Finish Date is not confirmed, the Booking will be classified as a Permanent Booking and the applicable fees shall apply.
    • If a Booking is extended beyond the confirmed Finish Date, additional fees will apply.
  • PAYMENT OF FEES
    • PAYMENT OBLIGATIONS
      • We will charge you a percentage of the Candidate’s Annual Salary as set out on our Website (Fee).
      • The applicable Fee is the one shown on the Website on the date of your registration and acceptance of our Terms and Conditions.
      • We reserve the right to update our Fees on the Website at our discretion.
      • Any changes to Fees will become effective immediately upon posting on the Website.
      • All Permanent Placement Fees must be paid within seven (7) days of Central Nannies issuing a payment request via issuance of an invoice or by its nominated Online Payment Partner portal, or no later than forty-eight (48) hours prior to the commencement of the role, whichever occurs earlier, to confirm the booking.
    • ONLINE PAYMENT PARTNER
      • Central Nannies may permit Fees to be paid via a third-party Online Payment Partner (Online Payment Partner).
      • Provided that Central Nannies has notified the Client of such Third Party Terms and provided the Client with a copy of those terms, the Client hereby acknowledges agrees that the processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
    • LATE PAYMENT
      • If you do not pay an amount due under this agreement on or before its due date:
        • The Agency may suspend provision of the Services;
        • The Agency may seek to recover the amount due by referring the matter to a collection agency; and
        • without limiting any of The Agency’s other rights under these terms, you must pay The Agency statutory interest of 8% per annum on each amount outstanding, from the due date for payment to the date on which payment is received by The Agency, plus any other amount The Agency is entitled to claim under law including The Late Payment of Commercial Debts (Interest) Act 1998.
      • VAT
        • Unless otherwise indicated, amounts stated in a Client Registration Form do not include VAT. In relation to any VAT payable for a taxable supply by the Agency, you must pay the VAT subject to the Agency providing a tax invoice.

RESTRAINT ON LATER OFFER

You acknowledge and agree that if you make an offer of employment to any Candidate within 12 months of that Candidate being presented to you by the Agency (regardless of whether you elect to interview the Candidate), you will be subject to this agreement and pay the applicable Fees as if we had filled the Position, to account for the benefit gained by you as a result of the Agency’s sourcing of the Candidate.

• UNAUTHORISED HIRING
  • If you, either directly or indirectly, engage, employ, or otherwise contract with a Candidate introduced by the Agency, in circumstances intended to circumvent the Agency’s fees, including but not limited to:
    • Hiring the Candidate on a trial, temporary, probationary, or fixed-term basis;
    • Failing to hire the Candidate following an initial introduction
    • Approaching the Candidate directly or indirectly without the Agency’s involvement, or
    • a signed written statement of employment, including the agreed hours and salary, is not provided to the Agency.

you shall be deemed to have engaged the Candidate through the Agency.

• In accordance with clause (a), you shall be liable to pay the full Agency Fee, calculated on a 52-week basis of the Candidates salary, as if the Candidate had been placed permanently through the Agency.
• Payment of the fee shall be due within 14 days from the date an invoice is issued by the Agency.
• You acknowledge that this fee represents a genuine pre-estimate of the loss suffered by the Agency due to Unauthorised Hiring of the Candidate.

CANCELLATION

• • If you withdraw an offer of engagement before the Candidate has accepted the offer, a Cancellation Fee equal to the greater of 25% of the Placement Fee or two weeks’ remuneration will apply.
  • If you withdraw an offer after the Candidate has accepted the offer but before the Candidate’s agreed start date, a Cancellation Fee equal to the greater of 50% of the Placement Fee or four (4) weeks’ remuneration will apply.
  • If you terminate the agreement with a Candidate after the Candidate has accepted the offer and commenced employment on the agreed start date, a Cancellation Fee equal to 100% of the full Placement Fee will apply.
  • If a Candidate accepts an offer and subsequently cancels before the agreed start date, we will offer either:
    • A free replacement; or
    • A full refund minus an administrative fee of 10%.
  • Clause (d) shall not apply if you have failed to:
    • Pay any required fees; or
    • Provide the correct Employment Contract or conditions as agreed between the parties.

REPLACEMENT GUARANTEE

• • • Subject to clause 10(c), where the Services include the Permanent Placement of a Candidate to fill a Position, we will offer a three (3) months Replacement Guarantee.
    • Where the Services include the temporary placement of a candidate to fill a position, we will offer a one (1) week Replacement Guarantee.
    • The “Replacement Guarantee” works as follows:
      • For Permanent Placements:
      • if within the replacement period of 3 months from the date of commencement of employment, either party terminates the employment, we will use our best endeavours to present replacement Candidates for the same role at no extra fee;
        • the Agency shall offer you a minimum of 3 replacement Candidates for the same Permanent Placement;
        • if either party terminates after 3 months from the date of commencement of employment, the Agency shall have no obligation to provide a Replacement Guarantee; however, where a suitable candidate is already available, the Agency may, at its discretion, offer a replacement;
        • the agency will terminate the replacement search 3 months after the date of termination. If, after being presented with a minimum of 3 replacement candidates, you do not proactively contact the Candidates or fail to provide feedback on their CVs to the Agency.
      • For Temporary Placements:
        • if within the replacement of 1 week from the date of commencement of employment, either party terminates the employment, we will use our best endeavours to present a replacement Candidate for the same role at no extra fee;
        • the Agency shall offer you a minimum of 1 replacement Candidate for the same Temporary Placement;
        • if either party terminates after 1 week from the date of commencement of employment, the Agency shall have no obligation to provide a Replacement Guarantee; however, where a suitable candidate is already available, the Agency may, at its discretion, offer a replacement;
        • the Agency does not guarantee the availability of a replacement Candidate, particularly during peak periods, including school holidays, summer months, and public holidays; and
        • any replacement Candidate offered will only be for the remaining booked days as originally scheduled.
      • The Replacement Guarantee will only be valid for roles that are the same as the role that Agency originally placed. If you wish to use the Replacement Guarantee for roles that are different to the original role, the Agency may (in its discretion):
        • charge reasonable additional fees to reflect the difference in remuneration between the roles; or
        • refuse to honour the Replacement Guarantee in respect of the different role.
      • The Agency will only be required to provide a Replacement Guarantee if:
        • the Candidate was not already a replacement Candidate under clause 10(a);
        • you have paid the Fees by the relevant due date;
        • you notify us in writing of the termination of the employment, engagement or contract promptly, stating the date and reason(s) for termination;
        • you paid the Candidates salary in a timely manner;
        • you provided adequate working and living conditions for the Candidate, including:
          • fair and reasonable working conditions;
          • sanitary and adequate standards of living accommodation (for live-in placements);
          • conducted yourself in a professional manner;
          • providing the Candidate with a proper and reasonable written employment contract outlining terms of employment, duties, compensation, and working hours;
          • providing a safe, healthy, and non-hazardous work environment;

You agree that the Agency retains the sole discretion to determine compliance with this provision, and its decision shall be final and binding.

• the termination of the Candidate’s placement is not due to:
  • any false or misleading representation made to the successful Candidate in connection with the Position;
  • any changes to the Candidate’s duties or role, which are not included in the Position description;
  • redundancy, retrenchment, or your operational requirements;
  • any action on your part which might make the termination of the successful candidate’s employment or engagement unlawful, harsh, unjust or unreasonable; and
  • any breach by you of the terms of the contract with the Candidate.
• We will attempt to provide Replacement Candidates within 4 weeks of the Candidate’s departure from the position and will be sourced in accordance with the requests on the original Client Registration Form supplied to the Agency.
• To the maximum extent permitted by applicable law, the Replacement Guarantee is your sole remedy against the Agency, where a Candidate who fills a Position subsequently ceases employment, and you will not be entitled to a refund or to make any other claim against the Agency.

CONFIDENTIALITY

• • Except as contemplated by this agreement or a Client Registration Form, a party must not disclose to any person any Confidential Information disclosed to it by the other party without its prior written consent.
  • For the purposes of this agreement, “Confidential Information” means all information obtained by you from the Agency under this agreement, including in the course of or in connection with a Client Registration Form, that is by its nature confidential, including (without limitation):
    • Candidate names and addresses, Candidate lists, Candidate resumes and the information contained therein, information relating to the Candidates’ current employers, business cards, calendars or schedules; and
    • information about the Agency’s online or offline marketing strategy, approach, processes and/or promotional activities.
  • This clause does not apply to:
    • information which is generally available to the public (other than as a result of a breach of these terms or another obligation of confidence);
    • information required to be disclosed by any law; or
    • information disclosed by the Agency to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under this agreement.

PRIVACY

• • • The information we collect from you will be stored, used and disclosed in accordance with our Privacy Policy, which may be found here: https://centralnannies.com/privacy-policy/. You agree to be bound by the terms of our Privacy Policy.

LIABILITY

• • (Warranties) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
  • (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of the Agency to you in respect of loss or damage sustained by you under or in connection with this agreement is limited to the total Fees paid to the Agency by you in relation to the Candidate giving rise to the relevant liability.
  • (Indemnity) The Client agrees at all times to indemnify and hold harmless the Agency and its officers, employees, agents and contractors (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by you or your officers’, employees’, agents’ or contractors’:
    • breach of any term of this agreement; or
    • negligent, fraudulent or criminal act or omission.
  • To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under this agreement or in connection with the provision of the Services including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in England and Wales (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
  • (Consequential Losses) To the maximum extent permitted by the applicable law, neither The Agency, nor any of The Agency’s employees, contractors, directors, officers or agents (Personnel) will be liable to you for:
    • any incidental, punitive, indirect, special or consequential damage, loss or expenses, including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you, even if The Agency or any of its Personnel have been advised of their possible existence, arising in connection with the provision of the Services or this agreement; nor
    • any direct damage loss or expenses arising from loss of customers, loss of profits, loss of anticipated profits or loss of savings, arising in connection with the provision of the Services or this agreement
  • Nothing in these Terms shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.

TERMINATION

• • TERMINATION FOR CONVENIENCE
    • Either party may end this agreement for no reason, by providing notice to the other party.
    • This agreement will end 7 Business Days after the day the notice is sent (the End Date).
    • On the End Date, the Company will provide an invoice to you for: 
      • any Fees for Services already performed up to the End Date; and
      • any pre-approved third party costs the Company has incurred on your behalf up to the End Date

(together, the Outstanding Amounts)

• The Client will pay the Outstanding Amounts to the Company within a further 7 Business Days after the End Date unless otherwise agreed in a written payment plan between the parties.

• TERMINATION FOR BREACH
  • If a party (the Notifying Party) considers that the other party is in breach of this agreement (the Breach), the Notifying Party may provide a notice to the other party.
  • The notice must include the nature and details of the Breach, with reference to the relevant clause/s of this agreement. The Notifying Party may, if it wishes to do so, make suggestions for resolving the Breach.
  • The other party will have 7 Business Days (or longer, in the Notifying Party’s discretion) to rectify the Breach (the Rectification Period).
  • After the Rectification Period, the Notifying Party will:
    • if the Breach has been successfully rectified, notify the other party that the agreement will continue; or
    • if the Breach has not been successfully rectified, notify the other party that this agreement is terminated (Termination for Breach Notice).
  • Following a Termination for Breach Notice, the parties will stop all work under this agreement unless otherwise agreed.
  • Any disputes regarding termination under this clause must be dealt with in accordance with clause16. The indemnities, warranties and liability caps in this agreement will apply to any disputes and resulting claims.

DISPUTE RESOLUTION

• • A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
  • A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
  • Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

NOTICES

• • Any notices required to be sent under this agreement must be sent via email and the email’s subject heading must refer to the name and date of this agreement. 
  • If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 
  • The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

GENERAL

• • GOVERNING LAW AND JURISDICTION
    • This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
  • THIRD PARTY RIGHTS
    • This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
  • AMENDMENTS
    • This agreement may only be amended in accordance with a written agreement between the parties.
  • WAIVER
    • No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
  • SEVERANCE
    • Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
  • JOINT AND SEVERAL LIABILITY
    • An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
  • ASSIGNMENT
    • A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
  • COUNTERPARTS
    • This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.
  • COSTS
    • Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
  • ENTIRE AGREEMENT
    • This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
  • INTERPRETATION
    • (singular and plural) words in the singular includes the plural (and vice versa);
    • (gender) words indicating a gender includes the corresponding words of any other gender;
    • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    • (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
    • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word “includes” and similar words in any form is not a word of limitation; and
    • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
  • DEFINITIONS
    • In this agreement, capitalised terms have the meaning set out in Table 1.

Table 1: Definitions