Terms and Conditions of Business

WRIGHTADVICE

TERMS AND CONDITIONS OF BUSINESS

1. IN THESE TERMS AND CONDITIONS OF BUSINESS THE FOLLOWING DEFINITIONS APPLY:

“Candidate” means the person introduced by WrightAdvice to the Client for an Engagement

“Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to which the Candidate is introduced

“Company” or “Agency” means WrightAdvice

“Engagement” means the engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis, whether under a contract of service or for services; “Introduction” means (i) the Client’s interview of a Candidate in person or by telephone, following the Client’s verbal or written instruction to WrightAdvice to search for a Candidate; or (ii) the passing to WrightAdvice via telephone, fax, email, post or otherwise of a curriculum vitae or other information which identifies the Candidate. Unless the context requires otherwise, references to the singular include the plural.

WRIGHTADVICE UNDERTAKES BUSINESS ON THE FOLLOWING TERMS WHICH SHALL REPRESENT A LEGALLY-BINDING CONTRACT BETWEEN WRIGHTADVICE AND THE CLIENT AND WRIGHTADVICE AND THE CANDIDATE

2. WE ARE A PLACEMENT AGENCY

WrightAdvice is not an employer of child carers and specialists but acts a childcare placement agent to its Clients.

3. ACCEPTANCE OF TERMS AND CONDITIONS

The Client will be deemed to have accepted the Company’s Terms and Conditions of Business when potential applicants are emailed to the client and when any Introduction takes place orally, via email, through registration, on its website or in person. The Client will be deemed to have accepted the Company’s Data Protection and Privacy Policy upon first contact with the Agency, this includes but is not limited to an email, a phone call, a text or WhatsApp message.

The Candidate will be deemed to have accepted the Company’s Terms and Conditions of Business and the Data Protection and Privacy Policy upon registration and the providing of their CV.

4. INTRODUCTION OF CANDIDATES

Candidates are introduced by WrightAdvice on the basis that should the Client wish to use their services, the Client will employ the Candidate directly in accordance with the prevailing employment legislation including without limitation paying the Candidate's Tax and National Insurance contributions (unless the Candidate provides written evidence that they are self-employed); and that the Client is providing a suitable working environment which does not compromise the health and safety of the Candidate. In addition, the Client will be able to take on the Candidate for a trial day that will be paid for by the Client.

5. COMMUNICATION

The Client undertakes to inform WrightAdvice of any offer of Engagement to a Candidate including the start date of the Engagement. The Client must agree with the Candidate prior to the commencement of the Engagement details of all material terms including duties, pay, hours and place of work, holidays and notice period. WrightAdvice will assume that all details of the Engagement have been agreed between the Client and the Candidate unless the Client informs WrightAdvice in writing to the contrary prior to the commencement of the Engagement.

The Candidate undertakes to inform WrightAdvice of any offer of Engagement from a Client including the start date of the Engagement.

If either the Client or the Candidate fails to inform WrightAdvice of any offer of Engagement they will be liable to pay WrightAdvice a fee of £2000.

6. CONFIDENTIALITY

All information provided by WrightAdvice including personal details of Candidates should be treated as strictly confidential. The disclosure by the Client to a third party of any details regarding a Candidate introduced by WrightAdvice which results in the subsequent Engagement of that Candidate by that third party within 12 months of the initial Introduction will render the Client liable to payment of the Company’s fee with no entitlement to any refund. All data provided by the Agency to the Client is confidential and must not be passed to a third party directly or indirectly (unless required by a law enforcement agency). The Data Protection Act 1998 (the “Data Protection Act”) and the General Data Protection Regulation (GDPR) regulate the processing of personal data. The Client consents to the holding and processing of personal data (including sensitive personal data) which relates to it by the Agency in accordance with the provisions of the Data Protection Act and GDPR. In order to provide the service, data provided by the Client may be passed to prospective Candidates so that they can make an informed decision about whether to consent to an Introduction. Once the Client has chosen to interview a potential Candidate, the Agency will share the Client’s data (sensitive data such as home address and contact number) with that Candidate to enable the candidate to attend the interview. This data may be personally identifiable. The Client consents to this data being passed in this way. In order to provide the service, data provided by the Client may be passed to reputable subcontractors as part of the delivery of the Agency’s service, including for the purposes of payroll and payments. This data may be personally identifiable. The Client consents to this data being passed in this way.

The Candidate agrees for any information they provide upon registration to be used in the interest of safeguarding children. This includes but is not limited to, contact details for references and the checking of documents gained by organisations within the childcare sector. The Candidate agrees for any factual information on their actions during their time with the agency to be shared with previous employers, potential employers and any other childcare agency if done so in a fair and accurate way. If WrightAdvice suspects any references could be false or inaccurate they will be contacted to gain further information on the Candidate and information of WrightAdvice’s concerns will be shared with any such reference to ensure safeguarding of children.

7. TEMPORARY AND PERMANENT ENGAGEMENTS

When confirming temporary or permanent Engagements, the Client should detail at the outset the length of the Engagement. The full fee applicable to the length of the booking will be invoiced on confirmation of the Engagement.

Should an initial temporary Engagement result in a permanent Engagement or a temporary Engagement be extended by the Client or the Candidate's services be used again within 3 years of the termination of the previous engagement, a further fee will be payable. Equally, should a part time placement change to a full time placement within 12 months of the date of commencement of the initial Engagement, the permanent fee shall be payable. The temporary fee will be applicable until a Client notifies WrightAdvice that they wish to change to a permanent Engagement, at which point the full permanent fee will be due. The Client agrees to notify WrightAdvice of any such changes. No amount previously paid for a temporary Engagement will be off set from the permanent fee due to the amount of work already carried out by WrightAdvice to maintain the temporary booking.

The Company’s fee is specific to the Introduction of an individual Candidate. Any subsequent Introduction or Engagement of further Candidates shall be subject to a further fee. The Client will be notified by WrightAdvice of the relevant Company fee before the introduction of any candidate. The Company’s fee is dependent on the role required by the Client. The Client is prohibited from passing on the details of any Candidate sent by WrightAdvice to a third party such as a friend, family member or colleague. If done so, the Client will be responsible for the paying the equivalent fee that would have been due by the third party.

8. RECORD KEEPING

Records of all Introductions are kept by the Company. The Client undertakes to inform the Company immediately should WrightAdvice introduce a Candidate whose details have already been introduced to the Client from another source. If the Client fails to do so and an offer of Engagement ensues, a fee will be payable by the Client to the Company. In circumstances where the Client may have prior knowledge of a proposed Candidate, in a context other than as an applicant for the job vacancy, and where WrightAdvice has made the Client aware of the said Candidate's availability and suitability for the Client’s job description, the Company's introduction fee will be payable. In circumstances where the Client makes an offer of Engagement to a Candidate for a position other than in accordance with the original job description, the Company’s introduction fee remains payable.

9. CANCELLATION

Should the Client cancel a permanent, temporary or maternity Engagement after terms have been agreed but before the Engagement commences, the Client will be liable for 50% of the original placement fee. In exceptional extenuating circumstances this fee may be waived at the sole discretion of the Company.

a) Should the Client cancel a permanent, temporary or maternity Engagement once employment has commenced, no refund will be due.

b) WrightAdvice cannot guarantee that the Candidate will complete his or her proposed length of Engagement.

c) If the Client has found a suitable candidate through WrightAdvice but uses another agency to place the Candidate, the Client must endeavour to pay WrightAdvice the agreed fee.

d) WrightAdvice uses all reasonable endeavours to ensure the suitability of the Candidate for Introduction to the Client. However, the final responsibility for engaging the Candidate lies with the Client. The Client is strongly advised to obtain their own references to satisfy themselves of the Candidate's suitability, as WrightAdvice does not directly employ the Candidate.

10. LIABILITY

WrightAdvice shall not accept Liability for the actions of any Candidate either before, during or after a placement with a Client.

WrightAdvice shall not accept any Liability under any circumstances for any Losses (whether direct, indirect or consequential or otherwise) incurred or suffered by the Client, the Client's dependents, or any other person, arising out of any alleged or actual acts or omission of the Candidate or of the Company. The Client shall indemnify and hold harmless WrightAdvice and its Personnel against all Liability and Losses. For the purposes of this clause "Losses" means demands, expense, damage, delay, claims, awards, costs, compensation and any other losses and expenses including legal fees. "Liability" means liability in contract, tort, breach of statutory duty or otherwise. "Personnel" includes directors, officers, and employees, agents, shareholders and Representatives. For the avoidance of doubt, WrightAdvice does not exclude liability for death or personal injury arising directly from its own negligence.

Notwithstanding that any part of these Terms and Conditions of Business may prove to be invalid or unenforceable under any rule or law or enactment, such term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions of Business but all other provisions and the remainder of the provision in question shall remain in full force and effect. The Company and Client shall agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

11. BREACH

If either WrightAdvice or the Client waives any breach committed by the other party of these Terms and Conditions of Business that will not be deemed to be waiver of any subsequent similar breach or of any other breach at any time. No variation or alteration to these Terms and Conditions of Business shall be valid unless the details of such variation are agreed between WrightAdvice and the Client and are set out in writing and a copy of the varied terms is given to the Client duly signed by a Director of the Company stating the date on or after which such varied terms shall apply.

12. FEES

All fees must be paid within 7 days of the date of the invoice, or prior to the commencement of the Engagement, whichever is the earliest. If settlement is not received within this time-scale, the replacement and refund provisions detailed below will not apply. If after 14 days, the fees have not been paid, the agency reserves the right to inform the Candidate. WrightAdvice reserves the right to charge 10% interest on unpaid invoices in accordance with the provisions of The Late Payment of Commercial Debts (Interest) Act 1998 and any subsequent amendments should the amount owed exceed a duration of 21 days.

WrightAdvice will only grant replacements or refunds in the following circumstances, subject always to clause 12 above:

a) Should the Candidate fail to take up a temporary or permanent Engagement, other than as a result of unreasonable behaviour by the Client, a free replacement or full refund will be given.

b)Should the Candidate in a permanent Engagement be asked to leave by the Client within 4 weeks of the date of commencement of the Engagement (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation), a replacement Candidate will be provided free of charge. Only one free replacement is allowed and the job specification must remain the same. Refunds are not permitted at this point due to the amount of work WrightAdvice has already carried out. Should the Candidate decide to leave within the first 8 weeks of a permanent Engagement (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation)a replacement Candidate will be provided free of charge. Only one free replacement is allowed and the job specification must remain the same. Refunds are not permitted at this point due to the amount of work WrightAdvice has already carried out.

c)Should the Candidate in a temporary Engagement leave within the invoiced period (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation) a pro-rata refund for each complete week not worked will be made if a replacement Candidate cannot be found. Should the Client ask the Candidate to leave once they have started the booking, no refund will be available however a replacement Candidate will be offered.

d)All instances of termination of an Engagement where a free replacement or refund is likely to be claimed must be notified in writing to WrightAdvice within three days of the termination of the Engagement. No refunds or free replacements will be applicable if payment has not been received by WrightAdvice in accordance with clause 12 above or if the Client is in breach of any other of the Company's Terms and Conditions of Business. If the Client has failed to co-operate in the replacement process and no response has been received within 7 days of the Company attempting to contact the Client regarding a replacement, which includes Clients not actively responding to calls / texts or emails by the Company, WrightAdvice reserves the right to close the search and will not issue a replacement or refund.

e) No refund or free replacement will be applicable if the Client has failed to honour a previously agreed start date, or has prevaricated over the date to such an extent that the candidate has sought employment elsewhere.

f) No refund or free replacement will be applicable if the Client continues to retain the services of a Candidate they have advised WrightAdvice, they have deemed to be unsatisfactory.

g) The free replacement service within 4 weeks of the start date is not applicable to discounted searches however the option to pay the discounted amount to validate this service is available.

h) WrightAdvice reserves the right to withhold any deposits/refunds until the Client has paid the Candidate in full for work already carried out, in order to protect Candidates from Employment Tribunals. Failure to pay a Candidate for work carried out will result in a forfeiture of deposit/refund.

i) Fee for Trials: WrightAdvice understands that a Client may need an extended trial in order to make a decision on hiring a Candidate for a permanent role. WrightAdvice allows three days with the Candidate with no Agency Fee, thereafter the Client will be charged at the rate of £20 per day, inline with the Agency’s Temporary Nanny Fee. No free trials are given with Temporary Nannies.

j) WrightAdvice cannot guarantee the length of time a Candidate will stay in a permanent placement. If a Candidate who has been previously placed with a Client by WrightAdvice contacts WrightAdvice to apply for a new vacancy, it is not the responsibility of WrightAdvice to notify that Client, due to the Privacy Policy for the Candidates. WrightAdvice reserves the right to place a Candidate with a new Client if it is at the request of the Candidate, after any amount of time. WrightAdvice will never contact a Candidate in a placement to request they apply for a new vacancy however if the Candidate chooses to stay on the mailing list and job text list they will continue to have access to new vacancies.

13. EMPLOYMENT CONTRACT AND CLIENT RESPONSIBILITY

The Client is responsible for paying any Candidate within a trial period that exceeds the average interview time of 90 minutes at a rate agreed in advance.

WrightAdvice is not able to insist upon Disclosure and Barring Service (DBS) checks. However, the Company advises all Candidates to undertake a DBS check. It is the Client’s responsibility should they decide to engage a Candidate who does not have a current DBS check, or who is in the process of applying for a DBS check. WrightAdvice can advise the Client of the DBS status of the Candidate.

The Client is responsible for notifying WrightAdvice, if a Candidate placed by WrightAdvice, is requested to work more hours or days than originally requested and to pay any outstanding amount that would be due within one year from the start date.

WrightAdvice operates an email reference checking system on candidates. WrightAdvice endeavours to complete these checks prior to Candidates being interviewed by the Client, however if the timing between a Client’s request and a Candidate applying is limited, it is not always possible for WrightAdvice to complete these checks in time. The final responsibility will lie with the Client to check any given references for the Candidate themselves.

WrightAdvice does not take responsibility for the Client and Candidate’s contract of employment. WrightAdvice may issue a template contract of employment which can be used as a reference or guide however the final terms within the contract are to be negotiated between the Client and Candidate. Once the contract has been agreed, the Client is responsible to submit a signed copy to WrightAdvice. WrightAdvice is not liable for any losses, personal injuries or death resulting from its negligence.

The Client shall be responsible for accounting to the Inland Revenue for Income Tax and the Client’s and the Candidate’s National Insurance and Pension contributions, excluding Candidates on a self-employed basis. The Client will be responsible for ensuring the Candidate receives weekly or monthly payslips.

The Client will ensure that any Candidate they employ obtains Public Liability Insurance if required and that the Client obtains Employer’s Liability Insurance.