Early Years Recruitment Terms and Conditions
Harmony at Home Limited Contract Terms – Nursery
These terms and conditions are the contract between:
Harmony at Home Limited, a company incorporated in England and Wales under company registration number 07351678 and whose registered office is at Eagle House, 167 City Road, London EC1V 1AW. (the “Agency”)
Any person, firm or corporation who approaches the Agency to Engage an Applicant or to whom an Applicant is introduced by the Agency. (the “Client”)
By visiting or using www.harmonyathome.co.uk or otherwise using employment agency services of the Agency, the Client agrees to be bound by them.
It is now agreed as follows:
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
“Applicant” means a person introduced by the Agency to the Client to be considered for the Engagement.
“Confidential Information” means all personal and business information about the parties to this agreement. It includes among other things: information about staff, their performance and their personal contact information;
data or information relating to suppliers, product plans, finance, performance, operations, customer relationships, customer profiles, sales estimates, business plans; businesses, methods of doing business.
“Engagement” means the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and on a permanent, temporary or other basis, of an Applicant, by or on behalf of the Client, whether or not that contract is in writing. As a verb it refers to an action of Engagement.
“Fee” means money payable to the Agency by the Client for the Engagement of the Applicant.
“Permanent Engagement” means Engagement for any period of more than 12 consecutive weeks (full-time or part- time).
“Temporary Engagement” means an Engagement for any period up to 12 consecutive weeks (full-time or part-time)
“Services” means an introduction service whereby a Client is introduced to one or more Applicants to work for the Client as a childcare staff.
In this agreement unless the context clearly requires otherwise:
2.1. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2.3. if any party to this agreement comprises more than one person, all obligations of that party shall be construed as joint and several.
2.4. a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.5. a reference to a “Month” means a calendar month, and “Week” means 7 consecutive days.
2.6. a reference in this agreement to any document or text is a reference to that document or text at the date when the contract is made. We reserve the right to change any such document without notice. If we do, the version which applies is the version which existed at the time this contract is made.
2.7. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.8. the headings to the paragraphs and schedules to this agreement are inserted for convenience only and do not affect the interpretation.
2.9. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail. If a version of this agreement has been supplied to the Client in some language other than English, that is a courtesy only and that translated version is of no legal effect.
3. Relationship of parties
3.1. Nothing in this agreement shall create a partnership or agency or the relationship of employer and employee, or other relationship between any of the parties, other than the contractual relationship expressly provided for in this agreement.
3.2. Neither party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf, except the services the terms of which are agreed in this agreement.
3.3. The Agency warrants that:
3.3.1 it is an authorised franchisee of Harmony at Home Limited;
3.3.2 it has all necessary authority to perform its obligations set out in this agreement;
4. Basis of contract
4.1. This agreement sets out the contractual terms and conditions between the Agency and any Client.
4.2. This agreement, together with schedules, contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
4.3. The Client acknowledges that he understands exactly what is included in the Agency’s services and he is satisfied that the Services are suitable and satisfactory for his requirement.
4.4. The Agency is not a party to any transaction or contract between the Client and an Applicant and is not an agent in law for any person.
4.5. The Agency is an employment agency: an intermediary which introduces Applicants to prospective clients and vice versa. The Agency has no part, contractual or otherwise, in any arrangement between the Client and the Applicant.
4.6. The Client agrees that the description of work and other information that he has provided, or at any future time, will provide to the Agency is true and complete.
4.7. The Client agrees that for the purpose of providing the Services, the Agency can use any medium to find a suitable Applicant or to advertise vacancies including the Internet.
4.8. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
4.9. Nothing in this contract shall prevent the Agency from entering into a similar contract with any other person.
4.10. The Client agrees not to enter into any relationship with the Applicant that may be detrimental to the interest of the Agency during this agreement or within one year from the date of its termination.
4.11. This agreement shall not take effect until the first to happen of any of the following:
4.11.1 the Client gives verbal or written instruction to the Agency to submit suitable Applicants for any position;
4.11.2 the Client submits a completed Nursery Registration Form on the website www.harmonyathome.co.uk to the Agency, whether that form is signed or unsigned by the Client or the Client’s agent (whichever first occurs);
4.11.3 the Client interviews or engages an Applicant under any terms whatever;
4.11.4 the Client submits in any way, the form: Client Requirement of Recruitment Services – Nursery
4.12. The Agency may change this agreement and / or the way it provides the Services, by first obtaining agreement from the Client, and confirming the amendments in writing stating the date such amendments will take effect . If it does so:
4.12.1 the change will take effect when the Agency posts it on www.harmonyathome.co.uk.
4.12.2 the parties will continue to be bound by the terms of this agreement in respect of all work contracted to the date of change.
4.12.3 any new instruction by the Client will be subject to the new terms.
5. Fee and payment
5.1. The Client agrees to pay for the Services at the rates set out in the Schedule 1 and on the website www.harmonyathome.co.uk.
5.2. Prices shall be subject to any applicable value added tax.
5.3. Before entering into an Engagement, the Client may request that a particular Applicant shall work, for one or more days, free of charge, to enable the Client and the Applicant to assess their mutual suitability. There is no contractual obligation on either the Client or the Applicant to undertake this arrangement or to continue it and no payment will be due to the Applicant. However, the Client shall pay to the Agency the daily “Trial Day Administration Fee” specified in the Schedule and may make an ex gratia payment to the Applicant.
5.4. As soon as the Client enters into any Engagement, the full amount of the Fee is payable to the Agency (whether demanded or not). This applies even if the Client has not notified the Agency of the Engagement.
5.5. If the Client agrees in writing to conduct his search for suitable staff, solely through the Agency, and does so, then the Fee will be reduced as provided in the Schedule 1.
5.6. If an Applicant Engaged on a Temporary Engagement and leaves the Clients employment within an invoiced period, the Agency will refund payment for each full week not worked. This provision is conditional on the Client having complied fully with this agreement.
5.7. Payment is due by the Client within seven days of the date of any invoice.
5.8. The Agency reserves the right to charge the Client interest in respect of the late payment of any sum due under this agreement, calculated and cumulated monthly, at the rate of 4 per cent per year above the base rate lending rate of NatWest Bank, from the due date until receipt of payment.
5.9. Payment shall be made in pounds Sterling by any of:
5.9.1 direct transfer to the Agency’s bank account; or
5.9.2 Direct Debit collection via GoCardless as notified to the Client on the Agency invoice; or
5.9.3 any other way agreed between the parties.
6. Cancellation of contract
If, and only if, the Client is a consumer, then he may cancel this contract subject to following terms:
6.1. For all purposes at law, this contract does not come into existence until the Client has agreed these terms as set out in sub paragraph 4.11 above, whether via www.harmonyathome.co.uk or in hard copy and the Agency has agreed in writing to provide the Services.
6.2. Whether or not the Client has paid any money to the Agency at that time is neither relevant to the start of the contract or his right to cancel.
6.3. The Client may cancel this contract within 14 days of entering into it. Accordingly, the Agency is under no obligation to start work until after the expiry of that 14 day period.
6.4. If the Client requires the Agency to provide Services sooner than 14 days after the contract has been made, he must instruct the Agency to do so. If the Client does that, he will lose his right to cancel during the rest of the 14 days period.
6.5. If the Client cancels this contract in compliance with these terms, the Agency will refund any money due to the Client within 14 days.
7. Obligations of Agency
7.1. The Agency agrees:
7.1.1 to supply two references on the Applicant and give these to the Client;
7.1.2 to make checks that the Applicant is suitable for the role. The Agency actively encourages Applicants to renew their Disclosure and Barring Service (DBS) certificate every three years. However, the obligation for every security and other check on an Applicant, rests exclusively with the Client.
7.2. If the Client requires a new DBS check they will arrange this for the Applicant. The Client shall be responsible for paying any costs related to obtaining the new DBS check.
7.3. to check that the work-seeker has the necessary training, qualifications and authorisations to do the work, offering copies of relevant documents to the Client. If copies of relevant documents are not available, the Agency will inform the Client about the steps taken to try to obtain these copies.
8. Responsibilities of Client
The Client agrees to satisfy himself as to the suitability of an Applicant generally and in particular to:
8.1. take up references, including the confirmation of any professional, academic or other qualifications;
8.2. ensure that the Applicant is capable of operating any equipment and/or machinery to the necessary level, including driving vehicles;
8.3. obtain any visa or permit necessary to enable the Applicant to accept the Engagement;
8.4. obtain any necessary medical certificate;
8.5. reimburse the Applicant for travelling expenses for interview at his discretion;
8.6. inform the Agency if an Applicant introduced by the Agency has already been introduced by a third party. If the Client fails to inform the Agency and Engagement ensues the Client shall pay the Fee to the Agency;
8.7. he shall not discriminate against any Applicant on the basis of information relating to his:
8.7.1 racial or ethnic origin;
8.7.2 political beliefs;
8.7.3 philosophical or religious beliefs;
8.7.4 membership of a trade union;
8.7.5 sex life or gender.
8.8. inform the Agency immediately if he engages an Applicant, giving details of: gross annual salary, start date and end date, and whether the Engagement is permanent or temporary.
8.9. ensure that the type of work for which the Applicant is to be Engaged is as described by the Client on the document ‘Client Requirement of Recruitment Services – Nursery’.
8.10. notify the Agency immediately if an Engagement is accepted by the Applicant and to pay the Fee, which becomes due upon such Engagement.
8.11. comply with UK employment and tax law, including, among others: provision of a contract of employment, pay slips, correct deductions for tax and national insurance, as well as any pension contributions.
8.12. inform the Agency immediately, in writing, in the event of serious dissatisfaction with performance or conduct of the Applicant.
9. Safety and insurance
The Client warrants that he:
9.1. holds and will maintain appropriate insurances and in particular, occupier’s liability insurance, against risks of events which could reasonably be expected to cause injury, loss or damage to the Applicant;
9.2. will provide a safe place of work wherever the Applicant may need to work;
9.3. will ensure that the place of work is clean and hygienic and complies with appropriate health and safety laws;
9.4. has made arrangements with relevant third parties, statutory authorities and any other relevant authority, for permissions, licences and the like, for the work to be undertaken after Engagement.
10. Replacement Applicant
These provisions apply in the event that a Permanent Engagement is terminated, whether by the Client or Applicant, before completion of eight weeks.
10.1. The Agency does not provide a replacement Applicant unless the Client fulfils following conditions:
10.1.1 he has informed the Agency, in writing, within three days of the termination;
10.1.2 he has paid the Fee in accordance with these terms;
10.1.3 the requirements of the position according to the information provided to the Agency have not changed, including the working conditions, the job description and the location.
10.1.4 he is not in breach of any UK employment law and or contract with the Applicant;
10.1.5 he does not retain the services of that Applicant;
10.1.6 he is looking for a new applicant and he has given a period of four weeks to the Agency to find a replacement Applicant;
10.1.7 he has not contacted any other employment agency, candidate finder website, source, or such other place to find a new applicant;
10.2. If the Agency agrees that the Client has fulfilled the conditions set out in last previous sub paragraph, then it shall provide a replacement Applicant in following terms:
10.2.1 the Agency will run its search for up to three months after the Client has notification of termination.
10.2.2 the Agency shall provide to the Client up to three Applicants’ profiles from which the Client may select.
10.2.3 After engagement of one of the replacement Applicants, the Agency shall have no further obligation to the Client.
10.3. If the Agency fails to find a suitable Applicant or is for any other reason unable to provide a replacement Applicant, the Agency may in its sole discretion refund a proportion of its Fee at the rate set out in Schedule 2.
11.1. In this paragraph, “Damage” means both economic loss, loss of, or damage to, reputation, or professional standing.
11.2. Each party to this contract now undertakes for the benefit of the other that he will not:
11.2.1 divulge to any person whatever or otherwise make use of any Confidential Information relating to the other, which he learns as a result of this contract or any circumstance flowing from the contract;
11.2.2 post any text, nor image, nor audio-visual material, on any social network or other public place which could be hurtful, embarrassing or damaging to the other party.
11.3. The parties agree that any Damage arising directly or indirectly, foreseeable or not from a breach of the above provisions must be compensated on the basis of the effect on the damaged party.
11.4. The Client accepts personal liability for compliance with these provisions by other members of his staff.
11.5. No matter how this contract ends, this paragraph shall be effective for five years from the date of termination of this agreement.
12. Disclaimers and limitation of liability
12.1. This paragraph applies so far as the applicable law allows and states the entire liability of the Agency.
12.2. All implied conditions, warranties and terms are excluded from this agreement.
12.3. In providing the Services, the Agency is committed to maintain a high level of service and efficiency. However, the Service is dependent upon the accuracy of information provided by the Client which is beyond the control of the Agency. Therefore any decision as to the suitability of an Applicant and the decision to Engage an Applicant is sole discretion of the Client. The Agency does not accept responsibility and cannot be held liable for any loss.
12.4. The Agency shall not be liable to the Client for loss arising from or in connection with representation agreements, statements or undertakings made prior to the date of this agreement.
12.5. The Agency shall not be liable to the Client for any loss or expense which is:
12.5.1 indirect or consequential loss; or
12.5.2 economic loss or other loss of turnover, profits, business or good will; or
12.5.3 loss or damage suffered by the Client as a result of an action brought by third party.
12.5.4 loss or damage caused during the Engagement of the Applicant or any act, omission or negligence of such Applicant. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
12.6. Particulars of Applicants, their profiles and other information provided by the Agency are prepared in good faith and solely for the Client’s guidance.
12.7. Except in the case of fraud, or the death or personal injury of some person, the maximum limit of the liability of the Agency to the Client, whether in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of £1,000.
13.1. The Agency may terminate this agreement at any time, for any reason, with immediate effect by sending a three days’ notice to that effect.
13.2. The termination of this agreement by this paragraph shall be without prejudice to any other right or remedy to which a party may be entitled.
13.3. There shall be no re-imbursement or credit if the Agency decides in its absolute discretion that the Client has failed to comply with any of the terms of this agreement.
13.4. Notwithstanding termination of this agreement for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.
13.5. The Client agrees that he will not during this agreement and within one year of its termination, by any means and neither for himself nor for any other person, directly or indirectly, advise, instruct, do or assist in any activity, the effect of which is to compete with the Agency.
14. Indemnity by the Client
The Client agrees to indemnify the Agency against all costs, claims and expense arising directly or indirectly from:
14.1. his breach of this agreement;
14.2. any act, neglect or default by any of his agents, employees or contractors.
15. Miscellaneous matters
15.1. So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
15.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.3. For the purposes of the Data Protection Act 1998, the Client consents to the processing of his all or any personal data (in manual, electronic or any other form) relevant to this agreement, by the Agency and/or any agent or third party nominated by the Agency and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.
15.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
15.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
15.6. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
15.7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
15.8. In the event of a dispute between the parties to this agreement, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
15.9. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of any person, may be enforced under that Act.
15.10. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
15.11. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.
Schedule 1: Fee structure
|UK Permanent Engagement||One Month’s Gross Salary|
|UK Temporary Engagement||£80 per week or £20 per day|
|UK Trial of more than one day||£25 per day|
|International Permanent Engagement||20% of Gross Annual Salary|
|International Temporary Engagement||£140 per week or £45 per day|
A trial, if requested prior to making an offer, is permitted for one day only free of charge and a trial may not exceed one full week.
If a client is entitled to a discount in accordance with paragraph 5.5, then a discount of 20% of the total fee calculated above shall be given.
Schedule 2: Refund calculation
|If the Applicant leaves in week one or two:||75%|
|If the Applicant leaves in week three or four:||50%|
|If the Applicant leaves in week five, six, seven or eight:||15%|
|If Client terminates before the Applicant starts work||50% of the Fee will be charged|
Early Start and Cancellation Rights
This is to explain your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The law says we have to give you this information.
• Under the Regulations, you have the right to cancel this contract within 14 days of making it, without giving any reason.
• For all purposes at law, the contract between us is not made until you have agreed these terms, in hard copy, and we have agreed in writing to provide the services you want.
• Whether or not you have paid any money to us at that time is relevant neither to the start of the contract nor your right to cancel.
How to instruct us to start immediately
1. If you want us to start sooner than 14 days away, please complete the form below.
2. You can give this to us by hand or post or by email, but we must have it in writing. You may cut or tear off the form below or you can use your own words as long as your intention is clear.
3. In the meantime, we will contact you to confirm the contract between us and await 14 days before we start your work.
If you want to cancel later
1. Whether or not you ask us to start work immediately, you may cancel this contract at any later time. To exercise this right to cancel, you must tell us you want to cancel. You must do this by a clear statement, sent to us by post or e-mail to the address mentioned below:
Harmony at Home Limited, Eagle House, 167 City Road, London EC1V 1AW.
2. You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.
If you cancel, you will save money only insofar as work has not been done. You must still pay us for materials and work done, even if you have had no benefit from it at the time when you cancel.
Request to Start Work
To; Harmony at Home Limited
Eagle House, 167 City Road, London EC1V 1AW.
I / We hereby give notice that we would like you to start work (agreed in the contract) shortly we sign the agreement.
I / We confirm that you have explained that by signing this form we will lose our right to cancel our contract within 14 days.
I / We instruct you to start working for us as soon as you can.
Instructed on: date:
Signature: (signature must be on paper or in email message)
To Harmony at Home Limited
Eagle House, 167 City Road, London EC1V 1AW.
I/We hereby give notice that I/we cancel my/our contract for the work agreed in the signed agreement dated:
Signature: (signature must be on paper or in email message),
Date of Terms and Conditions: 4th September 2015