These terms and conditions shall represent a legally binding contract between the client or employer (the “Client”) and the Superstar Nannies agency (the “Agency”). The verbal/written instruction by the Client to the Agency to submit suitable Candidates for contact or interview or arrangement of interviews shall constitute acceptance of these terms and conditions by the client.
In these Terms and Conditions of Business and elsewhere in the Agency’s literature the following bold typed words commence with capital letters they have the following meanings unless the context otherwise requires:
1.1 ”Agency” shall be Superstar Nannies s.r.o., and CELEBRITY RECRUITMENT LTD registration number 08391525, with the following registered office:
CELEBRITY RECRUITMENT LTD 7 Bell Yard, London WC2A 2JR
CELEBRITY RECRUITMENT LTD act as a matching service that matches and introduces suitable Candidates to work for the Client.
1.2 “Client” shall be any person, parent, family member, or third party appointed by such person named on the Client Registration Form for whom the Agency has agreed to provide the Services in accordance with these Conditions.
1.3 “Candidate” means a person introduced by the Agency to the Client as requested for the purposes of employment as a nanny, manny, maternity nurse, governess, personal assistant, personal trainer, house manager, babysitter or any other household staff on a temporary or a permanent basis, whether full or part-time.
1.4 ’’Registration fee’’ means the initial registration fee paid before paying the full Placement fee.
1.5 ’’Placement fee’’ means the full fee for placing a Candidate with a Client after the initial registration fee is paid.
2.1 Clients and Candidates must complete the online Registration Form to be accepted as clients. If this is not possible, they need to sign the Terms and Conditions and return them to the Agency, before they are accepted and taken on our books. If registering online, filling the online registration form constitutes confirmation of acceptance of the Agency’s Term’s & Conditions.
3. Client’s Rights & Obligations
3.1 The Client agrees to notify the Agency, either verbally or in writing, as soon as an offer of employment has been made and accepted by the Candidate and to supply the Agency with details of the date of commencement, length of the engagement and agreed net weekly wages and to pay the relevant Agency fee to the agency in accordance with our terms and conditions as a result of such engagement.
3.2 The Client will be held responsible for bypassing the agency in cases where the Client failed to inform the agency about the start of employment within 7 days from the day of offer of employment being made. They will be held responsible for paying full agency fee including 50% penalty surcharge.
3.3 The Client is responsible for the employment of the Candidate in accordance with all applicable employment legislation based on the employment law in the country of employment. The client undertakes to become the sole employer of the Candidate
3.4 The Client undertakes to provide a contract of employment upon engagement, and is responsible for the candidate’s Tax and National Insurance contribution, obtaining work permits and satisfying any medical requirements or qualifications as required by law. A copy of signed contract needs to be emailed to the Agency within 7 days from the date of commencement.
3.5 The Client is solely responsible for the suitability of the Candidate and it is purely his/her decision to employ or to interview the Candidate. The Agency cannot be held responsible for any mistakes in the candidate’s portfolio as those are provided directly by the Candidate. Client agrees to satisfy himself as to the suitability of the Candidate by interviewing, taking up any references, copies of documents provided by the Candidate to the Agency.
3.6 The Client agrees to notify the Agency if the nature of employment of the Candidate changes in any way during the first six months from commencement and agrees to pay an additional fee (standard fee for such service minus placement fees already paid) should there be an increase in working hours or days of work originally required when the Candidate started the employment.
3.7 The Client is solely responsible for ensuring that the Candidate is eligible to work in client’s country and for obtaining and paying for her/his travel expenses prior to the commencement of employment – such as flights, taxis, shuttles etc/any relevant work permits/visas/immigration requirements that may be necessary and for arranging and paying for any medical examinations or investigations into the medical history and health or travel insurance where applicable.
3.8 If the position of employment is temporary and the Candidate subsequently rejoins the Client at any time in the future after the agreed period for further employment, the Client undertakes to inform the Agency and pay the relevant placement fee again. Should the original length of temporary employment be extended; the Client must notify the Agency and is required to pay additional Fee.
3.9 Clients agree not to disclose any introductions of Candidates to third parties. The personal and contact details of Candidates shall be kept strictly confidential by Clients. Any breach of this undertaking resulting in the employment of a Candidate by a third party renders the Client liable for full payment of the Agency’s placement fee.
3.10 The Client is responsible for paying the Candidate agreed salary for any trial hours requested in order to assess the suitability of the Candidate. Guidance to current market salaries can be found on our website.
3.11 The client is responsible for obtaining one return flight ticket per year for their candidate. (Usually from the candidates home country to the country of employment and back.)
4. Agency’s Rights & Obligations
4.1 The Agency conducts its business as a matching service that matches and introduces suitable Candidates to work for the client with the purpose of effecting introductions between persons desiring to enter into contracts for services.
4.2 The Agency endeavors to establish the suitability of any Candidate for introduction to the Client by taking up a minimum of two references from each Candidate. However, all responsibility for ascertaining the suitability of a Candidate for the engagement remains with the Client.
4.3 The Agency holds no responsibility for the Client and Candidate’s employment contract, portfolio, and any matters associated with it are to be arranged between Client and Candidate. The Agency offers a contract of employment only as a sample guide for the Client and Candidate to use.
4.4 The Agency cannot be under any circumstances held responsible and excludes liability for any loss, damage, delay, inconvenience, problems, costs incurred due to damage to property or theft of property, death, injuries or accidents incurred or suffered by the Client, the Clients family, servants, or the Client’s assets caused directly or indirectly during employment or introduction of the Candidate allegedly arising from the acts or character of the Candidate introduced by the Agency, or, to the extent permitted by law, in respect of services provided by the Agency, even if such act or omission is negligent or fraudulent or reveals any dishonesty.
Any losses shall be limited to the Placement Fees paid to the Agency in respect of a placement.
4.5 The Agency does not offers any warranty for the Candidate’s suitability, personality, character, honesty, and reliability.
4.6 The Agency does not employ any of the Candidates directly or indirectly. Candidates are introduced to Clients and they will be always employed by the Client, unless the Candidate is self-employed (this only applies to private household staff or maternity nurses, a standard nanny can not be self employed). Candidates shall be under the supervision, direction and control of the Client.
4.7 The Agency reserves the right to change or add to the above Terms and Conditions without prior notification, however all changes will be posted on this website. It’s your responsibility to check these Terms and Conditions in case there are any changes. Continuing to use the site and our services after a change has been made is your acceptance of the changes.
5.1 The placement fee payable will be dependent upon whether the placement of a candidate by the Agency is a Permanent or Temporary Placement, and shall be payable in accordance with the fee structure set on our website www.superstarnannies.co.uk
5.2 All introduction fees for placements in UK are subject to VAT.
5.3 The Agency fees are non-refundable.
5.4 If a candidate introduced by the Agency is rejected (or rejects an offer of employment) by the Client, a full introduction fee will be payable if the candidate is subsequently employed by the Client at any time.
5.5 The invoice issued by the Agency must be settled in full prior to the Candidate commencing Engagement with the Client and in respect of overseas placements, any invoice must be settled by the Client prior to the date that the Candidate departs for such placement. In the case of Candidates for temporary positions, the Client agrees to settle any invoice prior to the commencement of the temporary placement.
The Candidate will not commence employment prior to full settlement of the invoice
5.6 All invoices not settled within 30 days from the invoice date will be passed to the Debt collector which will result in additional charges
6. Additional Fees
6.1 If a client employs a member of staff who has been introduced by Superstar Nannies but does not inform the Agency within 7 days, the fee payable will be subject to a 50% surcharge.
6.2 Where a temporary position subsequently becomes a permanent position, the Client shall be required to pay the relevant full Agency Fee for the permanent position.
6.3 If a Candidate employed by the Client on a temporary basis is re-employed by the Client within six calendar months of the termination of the original period of employment (whether such re-employment is on a temporary or permanent basis) then a further Agency Fee shall be payable by the Client to the Agency. Such fee shall be equal to the Agency Fee which would have been payable if the Agency had introduced the Candidate to the Client at the time of re-employment.
6.4 In the event that a Client does not hire a Candidate following the initial Introduction by the Agency but subsequently approaches the Candidate (not through the Agency) directly within 3 years of initial introduction offering Engagement, then the Client shall be liable to pay the agency placement fee which would have been payable if the Agency had introduced the Candidate to the Client.
6.5 For the purposes of attending interviews, the Client is responsible for a Candidate’s reasonable traveling expenses which are properly incurred and evidenced by appropriate receipts. The Client shall settle this directly with the Candidates.
7. Cancellation of Booking
7.1 If a Client withdraws an offer of confirmed employment or cancels the confirmed booking prior the Candidate’s start date, a 30% of placement fee will be payable by the Client to the Agency as a cancellation fee. Payment will become due within seven working days from the date of invoice. Should the client cancel the confirmed booking during candidate’s employment, then the paid agency fee remains as non-refundable. In such circumstances one week’s salary is also payable to the Candidate to compensate for their loss of earnings.
7.2 Should a Candidate cancel the confirmed and already paid booking, the agency will offer a replacement candidate free of charge. Non refundable.
8. Termination of Employment
8.1 All instances of termination of employment where a replacement is claimed must be notified in writing to the Agency within three days of the termination of employment.
9. Replacements (Temporary and Permanent)
9.1 Should the Candidate leave the employment within 12 weeks from commencing such employment including trial period if one was requested, the Agency will offer one replacement Candidate free of charge. The client is eligible to one free replacement Candidate only. The Agency shall be obliged to provide the Client with up to 5 candidate profiles for free replacement. Such profiles will be selected based on the information originally provided in the Client’s registration form and will be provided within 3 months of notification.
9.2 The Agency accepts no liability and is not obliged to offer a Replacement or any refund to the extent that the Client finds the profiles unacceptable and does not want to engage any of the potential Candidates. Neither the Client nor the Agency will be able to discriminate unlawfully or breach the provisions of the Equality Act 2010 when Candidates are being selected for either an initial placement or for a replacement. The Agency will not accept the refusal of a Candidate or a Replacement Candidate on anything other than legitimate grounds.
9.3 The Client will only be eligible for one replacement Candidate under these Conditions and will no longer be eligible for a replacement Candidate after the first Candidate has been replaced.
The Agency will offer replacements if the following conditions have been satisfied:
- The Client paid the full registration fee prior to the interview commencement
- The Client has paid for the placement fee in full within seven days from the invoice date and prior to the Candidate’s start of employment.
- The Client has notified the Agency of the termination of employment of a candidate in writing within 7 days of termination.
- The reason for firing a candidate is in lines with the employment contract, such as serious misconduct, constant illness etc
- The Candidate has not cancelled the engagement due to unreasonable requirements by the Client.
- The Client has not changed the employment conditions, such as working hours, location of employment and duties as originally agreed by the Candidate and Client in the contract.
- The Candidate’s working conditions and/or the way the Client treated the Candidate were satisfactory. SuperstarNanny agency’s decision will be final in this respect.
- The Client was not physically or verbally aggressive towards the Candidate or Agency’s representative.
- The client followed his/her legal obligations, such as registration with HMRC, paid for Candidate’s taxes and NI contributions (proof must be provided- e.g. Candidate’s last pay slip ).
- The Contract was agreed without any discount. All Clients that negotiated a discounted fee are not eligible for free replacement Candidate. (20% discount for returning clients does not apply)
- Should the Candidate leave after twelve weeks of employment (including the trail period), the Agency will guarantee a 20% discount for finding a new Candidate should the client wish to continue the search with the Agency.
- Please note that once the Client advises the agency to look for a replacement Candidate and then finds a new Candidate via another source, the Agency will not offer any further replacements.
Any material found within the pages of our website including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way. Permission for any other use must be obtained by contacting Superstar Nannies.
These terms of business are covered by English law and all disputes arising out or in connection therewith shall be subject to the jurisdiction of the English courts.