Terms & Conditions

Willow Nannies provides an individual and bespoke service for parents looking to hire a competent and experienced nanny or maternity nurse.

Registration is entirely free - if you don't hire one of our fantastic candidates, there will be no fee payable.

Terms and Conditions of Business

Contract

The following definitions apply in these Terms & Conditions:

"Willow" means Willow Nannies (whose registered office is at 7 Kings Farm Ave, Richmond, TW10 5AE);

The "Candidate" means each and every Nanny or Maternity Nurse, (or any other childcare professional requested) introduced to the Client by Willow for the purposes of employment; and

The "Client" means the person or persons who approach Willow either via verbal or written instructions and request Willow to introduce the Candidate for the purpose of employment, and includes any associated firm or corporate body of the Client.

1. Introductory

i) By registering with Willow either verbally or through written instructions, the Client accepts and wholly understands these Terms & Conditions which constitute the contract between Willow and the Client. Any and all business undertaken by Willow is transacted subject to these Terms and Conditions, and no variation or alteration of these Terms and Conditions shall be valid unless agreed between the Client and a Director of Willow and set out in writing.

ii) These Terms and Conditions are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.

2. Services

i) Willow will seek to introduce a Candidate to carry out work for the Client of such nature as is specified by the Client. Upon placing this request, the Client will set out its exact requirements by providing the full details of the work the Candidate will be required to carry out.

ii) The Client shall notify Willow immediately should the Client choose to engage the Candidate introduced or supplied by Willow. As a result of such engagement, the Client agrees to pay a fee in accordance with Willow's Fee Structure, as set out below.

iii) The introduction of the Candidate to the Client by Willow, directly or indirectly, is confidential and such introductions are made individually. If the Client or a member of the Client's family, staff or any acquaintance or associate of the Client (or associated firm or corporate body relating to any of them), passes on an introduction to any other person or persons within 24 months of the Candidate's introduction to the Client by Willow, resulting in the engagement of the Candidate, the Client shall be liable for payment of the full fee in accordance with Willow's Fee Structure for permanent placements.

iv) Willow is run by experienced nanny recruitment consultants each with substantial experience in successful nanny placements. Willow endeavours to ensure, but cannot guarantee, the suitability of the Candidate. Suitability includes, but is not limited to, a Candidate's character, honesty, reliability or professional capacity. The Client shall, before engaging the Candidate satisfy, himself or herself of all such matters.

3. Fee Structure - Nanny

i) The Client shall inform Willow immediately upon enlisting the Candidate's services whether the Client intends to engage a Candidate on a permanent or temporary basis. Unless specifically stated by the Client, a request for a permanent Candidate will be assumed by Willow, and a fee equal to five weeks of the Candidate's gross salary will be charged to the Client.

Permanent fees are due in respect to any job that exceeds 16 weeks of employment. If less than 16 weeks, the job is considered temporary and the Client will be invoiced accordingly.

*Please note that there is a £1500 minimum fee for any permanent UK placement.

ii) Should the Client choose to engage a Candidate for permanent employment abroad, Willow charges a standard fee of eight weeks of the Candidate's weekly gross salary. If the Client chooses to pay after the seven day payment deadline, then 10 weeks of the Candidate's weekly net salary may become payable.

*Please note there is a minimum £2500 fee for any permanent overseas placement.

iii) Should the Client choose to engage a Candidate for Temporary Employment (this includes Holiday Nannies) Willow charges a fee of £25 per day. (The minimum fee payable to Willow for a temporary placement is £200). If the client chooses to pay after the date detailed on the invoice, Willow reserves the right to add a 20% late fee to the invoice amount.

iv) Should the Client wish to trail a Candidate then the first week is free of charge but a fee of £25 per trial day becomes payable for each subsequent day the trail goes on for.

4. Fee Structure - Maternity Nurse/Night Nanny/Ad Hoc Nanny/Trouble-Shooting

i) The Client holds full responsibility for informing Willow immediately upon enlisting the Candidate's services when the Client intends to engage a Candidate for the following roles:

ii) Should the Client choose to engage a Candidate for a Maternity Nurse Position within the UK, Willow charges a fee of £150 membership fee (one off payment) and then £25 per day booked. If the client chooses to pay after the above seven day payment deadline, then a minimum of 10% will be added to the invoice.

iii) Should the Client choose to engage a Candidate for a Maternity Nurse Position Overseas, Willow charges a fee of £200 per week. If the client chooses to pay after the above seven day payment deadline or agreed maternity nurses start date, then £250 per week of employment becomes payable. (The minimum fee payable to Willow for an overseas temporary placement is £300).

iv) Should the Client choose to engage a Candidate for a Night Nanny, Willow charges a fee of £25 per night booked. The client will be charged at the end of each month once the nights worked by the Night Nanny have been submitted. The Client shall supply Willow with full details from time to time of the nights worked. If the Client chooses to pay after the seven day payment deadline then the fee of £30 per night booked becomes payable. (A one-off registration fee of £150 is payable to Willow for this service and must be paid before the night nanny undertakes any work.)

v). Should the Client choose to engage a Candidate as an Ad Hoc Nanny, Willow charges a membership fee of £25 per day the nanny is booked. If the Client chooses to pay after the 7 day payment deadline, then the fee of £50 per day booked becomes payable. (A one-off registration fee of £140 is payable to Willow for this service and must be paid before the nanny undertakes any work.)

vi) Should the Client choose to engage a Candidate for a Trouble-Shooting Position, Willow charges a fee of £25 per night/day booked plus a registration fee of £150. This must be paid in full before the Trouble-Shooter undertakes any work for the Client. If the Client chooses to pay later than the Trouble-Shooters agreed start date then a registration fee of £200 becomes payable and Willow will charge £70 per night booked.

vii) The Client is responsible for paying any Candidate separately and directly. Should any temporary employment of a Candidate introduced (directly or indirectly) by Willow be extended or made permanent within two years of Willow's introduction of the Candidate to the Client, the Client is required immediately to notify Willow, and to pay the difference between the original 'temporary candidate' fee charged and the actual fee that is due on the new time period of employment.

viii) Should any part time employment of a Candidate introduced (directly or indirectly) by Willow be extended or made permanent within three years of Willow's introduction of the Candidate to the Client, the Client is required immediately to notify Willow, and to pay the difference between the original 'part time candidate' fee charged and the actual fee that is due on the new time period of employment.

ix) Willow will issue an invoice after the Client has accepted a Candidate, verbally or through written instructions, for employment. Fees for temporary placements are payable by the Client within seven days of the invoice being issued or before the required start date, whichever is sooner. Fees for permanent placements are payable by the Client within seven days of the invoice being issued. Willow reserves the right to charge a 10% late fee per month the invoice remains unpaid.

x) Please note that all invoices must be paid in full before employment commences. This clause overrules any clause throughout Willow's full Terms and Conditions of Business regarding payment deadlines.

5. Replacement Guarantee

i) -Introduction fees for the Candidates are non-refundable.

ii) -If a Candidate placed by the Agency remains in the Clients employment for fewer than eight calendar weeks the Agency will endeavour to replace the first Candidate placed with the Client for no additional fee.

iii) -Should a client require a replacement candidate, the agency agrees to offer a maximum of five candidate profiles.

iv) -The Agency may take up to four weeks to offer Candidate profiles for selection and the replacement of a candidate cannot be postponed.

v) -The replacement guarantee only applies if the following conditions are met:
a) The Client notifies Willow within two business days of the Candidate's termination;

b) The Client paid Willow's fees in full within seven days of the invoice date and/or before the Candidate has commenced employment;

c) The Client has not changed the Candidate's location of employment, the hours originally agreed by the Candidate and Client or the original job description and has provided the Candidate with an employment contract;

d) The Client did not terminate the Candidate's employment or the Candidate did not resign due to unreasonable demands placed upon the Candidate by the Client or for reasons stated c) above;

e) The Client still intends to employ some kind of child care.

f) The Client is in compliance with the full legal responsibilities that comes with being an employer (see clause 6v);

g) The Nanny did not experience any sort of verbal or physical abuse from anyone in the household including from the Client themselves, the children and anyone else the Client may employ.

vi) -The Client will no longer be eligible for a replacement Candidate after the first Candidate has been replaced.

vii) -If the Client cancels a confirmed booking prior to the commencement of employment by the Candidate, the full fee is payable, and, in addition one months week's salary is payable directly to the Candidate. If the Client wishes to cancel a booking due to extenuating circumstances, the Client may do so by giving not less than 21 working days written notice to Willow of such circumstances, and Willow reserves the right to charge an abortive fee not exceeding 25% of the fee originally payable for the work incurred.

viii) -If the Client re-engages the Candidate in any role within 24 months from the date of termination, then the Client shall inform Willow, and any fees refunded by Willow under these provisions shall again become payable by the Client.

6. Employment Contract and Client Responsibility

i) Should the Client wish to interview a Candidate outside of London, the Client is responsible for paying all travel expenses incurred by the Candidate for return travel.

ii) Willow shall not be responsible for the employment contract between the Client and Candidate and such matters are to be arranged directly between Client and Candidate. Willow may offer a template Employment Contract, which the Client may use as a guide or point of reference, but Willow accepts no responsibility or liability for its contents.

iii) Once the contract between Client and Candidate is signed, the Client shall promptly supply a copy to Willow, in accordance with The Conduct of Employment Agencies and Employment Businesses Regulations 2003.

iv) Willow shall not be liable for any losses, expenses, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with Willow seeking a Candidate for the Client, or from the introduction or engagement of any Candidate by the Client, from any act or omission by the Candidate, or from failure of Willow to introduce any Candidate. For the avoidance of doubt, Willow does not exclude liability for personal injury or death resulting from its own negligence.

v) In respect of any Candidate, the Client assumes full legal responsibility for their employee's tax, national insurance deductions and for compliance with all applicable legal requirements of an employer including pensions.

vi) The Client agrees to also satisfy himself or herself as to the qualifications and suitability of any Candidate and shall take up any references provided by the Candidate and/or Willow before engaging the Candidate in employment. The Client shall be responsible for obtaining work and other permits and clearances for the Candidate where necessary. It is also the responsibility of the Client to inspect the originals of any necessary employee identification documentation, as it is not always possible for Willow personnel to do so. The Client holds full responsibility for the arrangement of any medical examinations and/or investigations into the medical history of the Candidate and qualifications as may be required by law.

7. Confidentiality

i) Each party undertakes to the other to treat as confidential all information in any medium or format (whether marked "confidential" or not) which that party (the "Recipient") receives from the other (the "Disclosing Party") ("Confidential Information").

ii) The Recipient may disclose Confidential Information of the Disclosing Party where required to do so by law or by any competent regulatory authority. In these circumstances the Recipient shall give the Disclosing Party prompt advance written notice of the disclosure (where lawful and reasonably practical to do so) so that the Disclosing Party has sufficient opportunity (where reasonably possible) to prevent or control the manner of disclosure by appropriate legal means.

iii) Willow may disclose the Client's personal information to third parties (including but not limited to):

(a) in the event that Willow sells or buys any business or assets, in which case Willow may disclose the Client's personal data to the prospective seller or buyer of such business or assets;

(b) if Willow or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Clients will be one of the transferred assets; and

(c) If Willow is under a duty to disclose or share Willows personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions and other agreements; or to protect the rights, property, or safety of Willow, their Child carers, its Clients or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

iv) Willow reserves the right to use comments and feedback Clients give on Willow's website as a way of promoting our services.

If you have any questions regarding Willow Nannies & Maternity Ltd Terms & Conditions please feel free to phone or email. We will be more than happy to help!