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Terms & Conditions

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Terms and Conditions of Business

Willow's Babysitting Service

 

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.

 

Introductory

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.

 

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.

 

Services

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.

 

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.

 

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 six 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.

 

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.

 

 Fee Structure - Nanny

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 the applicable fee will be charged to the Client.

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

 

1. Should the Client choose to engage a Candidate for one day on a permanent basis within the UK for one da then a fee of £600 becomes payable.  
If the client chooses to pay after the 7 day payment deadline, then the full fee plus 10% may become payable.

 

2. Should the Client choose to engage a Candidate for two days on a permanent basis within the UK for one da then a fee of £1200 becomes payable.  

If the client chooses to pay after the 7 day payment deadline, then the full fee plus 10% may become payable.

 

3. Should the Client choose to engage a Candidate for three days on a permanent basis within the UK for one da then a fee of £1800 becomes payable.  

If the client chooses to pay after the 7 day payment deadline, then the full fee plus 10% may become payable.

 

4. Should the Client choose to engage a Candidate for four days on a permanent basis within the UK for one da then a fee of £2400 becomes payable.  

If the client chooses to pay after the 7 day payment deadline, then the full fee plus 10% may become payable.

 

5. Should the Client choose to engage a Candidate for five days on a permanent basis within the UK for one da then a fee of £3000 becomes payable.  

If the client chooses to pay after the 7 day payment deadline, then the full fee plus 10% may become payable.

 

6. Should the Client choose to engage a Candidate for six days on a permanent basis within the UK for one da then a fee of £3600 becomes payable.  

If the client chooses to pay after the 7 day payment deadline, then the full fee plus 10% may become payable.

 

7. Should the Client choose to engage a Candidate for seven days on a permanent basis within the UK for one da then a fee of £4200 becomes payable.  

If the client chooses to pay after the 7 day payment deadline, then the full fee plus 10% may become payable.

 

*Please note that there is a £600 minimum fee for any permanent UK placement.

 

8. Should the Client choose to engage a Candidate for permanent employment abroad, Willow charges a standard fee of 10 weeks of the Candidate's weekly net salary. If the Client chooses to pay after the 7 day payment deadline, then 12 weeks of the Candidate's weekly net salary may become payable.

 *Please note there is a minimum £1000 fee for any permanent overseas placement.

 

9. Should the Client choose to engage a Candidate for Temporary Employment (this includes Holiday Nannies) for a maximum of four weeks, Willow charges a fee of £130 per week. (The minimum fee payable to Willow for a temporary placement is £160).  If the Client chooses to engage the Candidate for Temporary Employment (this includes Holiday Nannies) for a period which exceeds 4 weeks, then Willow charges a reduced fee of £110 per week.

If the client chooses to pay after the date printed on the invoice, £160 per week of employment becomes payable.  Please note the minimum fee payable for a temporary placement will increase to £250 if the client chooses to pay after the date printed on the invoice.

 

10. Should the Client wish to trail a Candidate then the first week is free of charge but a fee of £20 becomes payable for each subsequent day the trail goes on for.

 

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

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:

 

1. Should the Client choose to engage a Candidate for a Maternity Nurse Position within the UK, Willow charges a fee of £120 membership fee (one off payment) and then £20 per day booked. If the client chooses to pay after the above 7 day payment deadline, then a minimum of 10% will be added to the invoice.

 

2. Should the Client choose to engage a Candidate for a Maternity Nurse Position Overseas, Willow charges a fee of £160 per week. If the client chooses to pay after the above 7 day payment deadline or agreed maternity nurses start date, then £250 per week of employment becomes payable. (The minimum fee payable to Willow for a temporary placement is £250).

 

3. Should the Client choose to engage a Candidate for a Night Nanny, Willow charges a fee of £20 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 7 day payment deadline then the fee of £30 per night booked becomes payable. (A one-off registration fee of £120 is payable to Willow for this service and must be paid before the night nanny undertakes any work.)

 

4. Should the Client choose to engage a Candidate as an Ad Hoc Nanny, Willow charges a membership fee of £20 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 £120 is payable to Willow for this service and must be paid before the nanny undertakes any work.)  

 

4. Should the Client need a Trouble-Shooting Consultation, then fee of £100 is payable.  This must be paid in full before the consultation takes place.  If the Client chooses to pay later than the consultation date takes place then a fee of £150 becomes payable.  

 

5. Should the Client choose to engage a Candidate for a Trouble-Shooting Posistion, Willow charges a fee of £50 per night booked plus a registration fee of £120.  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 £150 becomes payable and Willow will charge £70 per night booked.

  

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 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 'temporary candidate' fee charged and the actual fee that is due on the new time period of employment.

 

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.

 

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 7 days of the invoice being issued. Fees for permanent placements are payable by the Client within 7 days of the invoice being issued. Willow reserves the right to charge a 5% late fee per month the invoice remains unpaid.

 

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

 

Replacement Guarantee

1 -Introduction fees for the candidates are non-refundable.

 

2 -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.

 

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

 

4 -The Agency may take up to four weeks to offer Candidate profiles for selection. 

 

5 -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 responsibilites that comes with being an employer

 

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

  

7 -If the Client cancels a confirmed booking less than 10 working days prior to the commencement of employment by the Candidate, the full fee is payable, and, in addition one week's salary is payable 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.

 

8 -If the Client re-engages the Candidate in any role within six 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.

 

Employment Contract and Client Responsibility 

Should the Client wish to interview and/or employ a Candidate outside of London, the Client is responsible for paying all travel expenses incurred by the Candidate for return travel.

 

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 for its contents.

 

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.

 

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.

 

In respect of any Candidate, the Client assumes full legal responsibility for their employee's Tax and National Insurance deductions, and for compliance with all applicable legal requirements of an employer.

 

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.

 

Before employing the Candidate, the Client shall ensure that the Candidate has public liability insurance and the Client shall also ensure the Client has employers' liability insurance in force for any staff the Client employs.

 

 

Confidentiality 

1 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").

 

2 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.

 

3 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.

 

4 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!

 

 

 

Babysitting Terms & Conditions

Parent Terms & Conditions

 

Definitions

"Booking Fee" means the relevant booking fee to be paid by the Client to Willow as set out on the Web Site and in the Fees section of these terms and conditions;

"Childcare Services" means the service provided by the Child carer on the terms agreed between the Client and the Child carer;

"Childcare Fee" means the relevant fee to be paid by the Client to the Child carer in cash or by cheque on conclusion of the Child care Services as set out on the Web Site and in the Fees section of these terms and conditions;

"Client" means an individual to whom the Child carer is introduced by Willow and for whom the Childcare Services are provided;

"Engagement" means the together the Introduction and the Childcare Services; ;

"Fees" means together the Membership Fee, the Booking Fee and the Childcare Fee;

"Introduction" means the introduction of the Child carer to the Client by Willow;

"Willow" means Willow Nannies & Maternity Ltd a company registered in England and Wales with company number 7872096;

"Membership Fee" means a monthly membership fee of £10.00 or yearly membership fee of £100 to be paid by the Client by debit or credit card to Willow as more fully described on the Web Site and in the Fees section of these terms and conditions;

"Child carer" means the person introduced by Willow to the Client for the provision of Childcare Services;

"Notice" means a written notice in the form to be decided by Willow and which is deemed received by the Client on publication of such notice on the Website;

"Web Site" means http://www.willownannies.co.uk.

"Online Booking System" means Willow's online booking system

"Online Database" means Willow's online database

Please note that by using our services and our Willow Childcarers you automatically agree to the Terms and Conditions as stated below.

 

1. Introduction

1.1  Willlow will only undertake business on the following terms and conditions which are legally binding on all contracting parties.

1.2 Willow acts an introduction agent only and does not employ the Child carers.

1.3 The Child carers are under the supervision, direction and control of the Client at all times.

1.4 Willow is not liable for any loss, injury, accident, claim, cost, charge, expense, action or demand whatsoever in any jurisdiction arising from or in any way connected with the Introduction, subsequent Engagements and/or the provision of the Childcare Services.

1.5 The definitions shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall be include the corresponding masculine, feminine and neuter forms.

 

2. Payment Terms

2.1 Payment to Willow

 

(A) Lifetime/Unlimited Membership Fee

(1) The Client agrees to pay the £200 Membership Fee by direct debit.

(2) The Membership Fee will be charged to your nominated debit or credit card in advance from the first day of membership

(3) The Membership Fee will be processed through Paypal online payment processing

(4) If an agreement is reached where a Child carer is taken on in a permanent position (both part time and full time) by a family, the agency charges a finding fee equivalent of £600 per day employed

 

(B) One-Off Booking Fee

(1) The Client agrees to pay the One-Off Booking Fee equivalent to £15 to Willow pursuant to the payments terms more fully described in the Fees section.

(2) The applicable Booking Fees will charged to your nominated debit or credit card every time a booking is made.

(3) The Booking Fee will be processed through Paypal online payment processing

(4) If an agreement is reached where a Child carer is taken on in a permanent position (both part time and full time) by a family, the agency charges a finding fee equivalent of £600 per day employed

 

(C)

(1) The Client agrees to pay the Last Minute Booking Fee equivalent to £25 (inclusive of VAT) to Willow pursuant to the payments terms more fully described in the Fees section.

(2) The applicable Booking Fees will charged to your nominated debit or credit card every time a booking is made.

(3) The Booking Fee will be processed through Paypal online payment processing

(4) If an agreement is reached where a Child carer is taken on in a permanent position (both part time and full time) by a family, the agency charges a finding fee equivalent of £600 per day employed

 

2.2 Payment to Child carer

(A) The Childcare Fee shall be agreed between the Client and Willow prior to the provision of Childcare Services pursuant to the payments terms in the Fees section.

(B) The Client agrees to pay the relevant Childcare Fee directly to the Child carer on conclusion of the Childcare Services either in cash or by cheque.

(C) If requested by the Client and upon payment of the Childcare Fee, the Child carer will issue the Client a receipt of payment which is to be counter-signed by the Client. 

 

2.3 Alteration of Payment Terms

(A) Willow reserves the right to increase the Fees and to alter the terms on which the Fees are paid at its sole discretion.

(B) Willow will give two weeks Notice of any change to the payment terms or any increase of the Fees.

 

3. Confidentiality

3.1 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").

3.2 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.

 

3.3 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.

 

4. Liability

4.1 Willow interviews each and every Child carer and reviews at least two references submitted to it by the Child carer.

4.2 The Client acknowledges that the decision to employ a Child carer is the sole responsibility of the Client and Willow gives no warranty, representation or undertaking as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Child carer nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Child carer.

4.3 The Client acknowledges the risks inherent in participating in a childcare introduction service and hereby waives all rights to any claim for damages from, and relieve, release, and forever discharge from any claim for damages, any and all of Willow and any person involved in creating, producing or distributing the Willow service or information pertaining to the Willow service.

4.4 Willow does not accept any liability whatsoever for the misrepresentation, loss, damage, injury, death delay, claims or expense of any description arising out of an Introduction made by Willow.

4.5 To the extent permitted by law, Willow will not be liable for any direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or the services provided by Willow.

4.6 The Client agrees to indemnify and hold Willow harmless from and against any breach by you of these terms and conditions and any claim or demand brought against Willow by any third party arising out of the Client's use of the Web Site and the services provided by Willow, including without limitation all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Willow in consequence of the Client's breach of these terms and conditions.

4.7 In no circumstances shall Willows' total liability to the Client, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the Fees paid by the Client.

4.8 The Client should ensure that they have adequate Employer's Liability.

 

5. Refunds and Replacements

5.1 In the event that the Child carer cancels a reserved Engagement, Willow undertakes to use reasonable efforts to find a replacement Child carer as soon as reasonably practicable.*

5.2 If Willow is unable to find a suitable replacement it will refund the Booking Fee.*

*This clause does not apply for lifetime memberships

 

6. Termination

6.1 Willow can terminate this agreement at any time, without notice, for any reason, including, without limitation, breach of these terms conditions. Willow may also at any time discontinue the Web Site or any part thereof and the provision of its services without prior notice and shall not be liable to the Client or any third party for any losses arising from such termination.

6.2 All Introductions and subsequent Engagements must be made by Willow and all concomitant Booking Fees are consequently payable by the Client to Willow pursuant to clause 2.1(B)above.

6.3 With respect to the One-Off Membership Fee, the Client acknowledges and undertakes that it will arrange Engagements solely through Willow and pay all concomitant Fees. The Client undertakes not to arrange Childcare Services directly with the Child carer.

6.4 Should Willow have grounds to believe that the Client and the Child carer have arranged for the provision of Childcare Services to the exclusion of Willow and/or failed to pay the relevant Fee Willow reserves the right to:

(A) seek payment in arrears from the Client of any unpaid Fees;

(B) terminate this agreement; and/or

(C) remove the Child carer from its database.

 

7. Entire Agreement

The Parties confirm that these terms and conditions represent the entire understanding and constitute the whole agreement of the parties in relation to its subject matter and supersedes any previous agreement between the parties with respect to such subject matter.

 

8. Governing Law

8.1 These terms and conditions will be governed by and construed in accordance with English law.

8.2 Each party irrevocably agrees that the Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these terms and conditions and any matter arising from them.

 

Fees

Payment to the child carers vary depending on experience and the amount payable will be agreed before the Child carer starts the job.

Payment to Willow

Lifetime Membership Fee is £200.  

One-Off Membership Fee is £15.  

Last Minute Booking Fee is £25.  (when less than 24 hours notice is given by the Client) 

 

If an agreement is reached where a Child carer is taken on in a permanent position by a family, the agency charges a finding fee of the equivalent of £600 per day employed.

You may not pass on the details of any of the babysitters you recieve through Willow to any third party or families requiring a babysitter.  All bookings MUST come through Willow directly and the appropriate fees paid to Willow.