TERMS AND CONDITIONS RELATING TO THE ENGAGEMENT OF PERMANENT AND TEMPORARY STAFF

AGENCY FEES

There is no registration fee for Clients of Alphabet Childcare ( South West ) Ltd. For Temporary staff, agency fees are calculated on the number of HOURS the Nursery Nurse or Nursery Assistant is supplied to the Nursery and on the dates provided to the Agency by either the Client or Nursery Nurse assigned to the contract. If the Client should re-engage the assigned Nursery Nurse for further periods of employment or extend the original contract dates given to Alphabet Childcare within a period of 12 months from the original introduction, further charges in accordance with the scale set out below will be charged and invoiced accordingly, even if the employment offer has not been made directly through the Agency.

SCALE OF CHARGES  - TEMPORARY STAFF

 PLEASE NOTE **   Up to 4 hrs is a  ½ day  -   or  4 hrs + will be a full day rate.

All fees are subject to VAT being added

The terms and conditions of business set out below are between Alphabet Childcare (South West) Ltd (The Agency) and the prospective employer (The Client) and are to be accepted by The Client on engagement of an applicant introduced by The Agency.

 The Client agrees to notify The Agency immediately an engagement is accepted and to pay the fee of the Agency within fourteen days of invoice. The Agency fee is for the engagement of one employee and subsequent employees will be charged at the full fee. 

In the event of The Client cancelling the agreement of employment after requesting The Agency to arrange the employment of a Temporary Employee but before the employee has taken up the engagement, the Agency fee will still be payable in full to offset the costs of organising the cover. 

In the event of The Client cancelling the agreement of permanent employment after a firm offer has been made, but before the employee has taken up the engagement, then a charge of £50 will be made.

An invoice will be calculated by The Agency as set out in the Scale of Engagement fees and is payable by the Client on the acceptance and not the commencement of employment. 

On permanent invoices, if the relevant employment is terminated within eight weeks, the fee or portion of will be refunded to The Client according to the Agency scale given, providing that The Client notifies The Agency within two working days of the employee leaving the employment and that the full fee has been paid by the Client to the Agency within fourteen days of the invoice date. Should the Client re-engage the employee, the full fee will again be payable. 

ALPHABET Childcare will arrange CRB Disclosures in respect of all employees where necessary. We reserve the right not to disclose specific information held in our files but only to notify the Client whether the results are satisfactory or not.  In all other respects it is the responsibility of the Client to satisfy itself that the employee is suitable for the duties which the Client wishes such employee to perform.

 The Client is responsible for providing adequate training in all work practices applicable to the employee and must ensure adequate supervision of the employee.

 Whilst employed on an assignment, the employee is deemed to be under the direct and sole control of the Client.

 Alphabet Childcare agrees to make every reasonable effort to maintain high standards for any employee whose services are being provided but the Agency accepts no liability whatsoever for any loss, expense, delay or damage, pecuniary or otherwise, including any consequential damage that the Client, its employees, agents, customers or otherwise may suffer or become liable for or which is caused by any act, error or omission by any employee during his or her assignment with the Client.  The Client is responsible for all liabilities and is advised to insure against such liabilities.

 In respect of the employee, the Client must comply with all statutes, bye-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own permanent staff, in particular insuring adequate employers and public liability insurance cover for the employee during the whole period of the assignment. 

The Client agrees to pay Alphabet childcare for the full period of the assignment at the rate notified at the time of booking.  The Client also agrees to sign the employee’s time sheet after each assignment, checking that times worked by the employees are accurately recorded on the time sheet. Failure to sign the timesheet does not relieve the Client from liability to pay for the hours worked.

 The Client acknowledges that a timesheet signed by or on behalf of the Client is proof of the Client’s satisfaction with the employee and the duties performed by the employee.

 In the event of a temporary employee terminating employment within the agreed time scale then a percentage of the fee will be calculated and returned to the Client. However, if the Client terminates the agreement early without good cause, then there will not be a refund returned by The Agency for the unused period. 

The Agency will calculate the fee to be invoiced for a temporary contract on the date provided by the Client or Nursery Nurse or Nursery Assistant assigned to the contract at the commencement of employment. However, should the Client re-engage the employee for any further periods of employment during the period of 12 months from the date of the original introduction by the Agency or extend the original contract date given to The Agency, then further charges will be payable,  even if the offer has not been made directly through The Agency.

 Should the Client offer a permanent position to an employee who has been introduced to the Nursery through a temporary assignment, then the full permanent fee will be payable as set out in the Scale of Charges. 

The Agency will endeavor to ensure the suitability of any applicant introduced to the Client but does not accept liability. Therefore, the Client shall be responsible for satisfying him or her self on the suitability of any applicant and shall take up any references provided by the applicant and the Agency before engaging the applicant. The Client shall be responsible for obtaining work and other permits if applicable and for the arrangements of insurance, medical examinations and/or investigations into the medical history of any applicant and satisfy any medical and other requirements or qualifications required by law. 

All information and introductions are confidential and must not be passed either directly or indirectly to other prospective Clients or Employees of the Agency. The full fee will be payable by any Client who has wrongfully disclosed these particulars.  

An introduction fee will be charged in relation to any applicant engaged as a consequence of or resulting from an introduction by or through the Agency within a period of 12 months from the date of the original introduction even though the introduction may be made indirectly. 

The Agency does not accept responsibility for any loss or damage resulting from an introduction by the Agency or their provision of services, acts, omissions or conduct of such introductions.

In the case of permanent placements the Agency acts as an introducing agent and does not directly or indirectly employ staff. 

 For permanent staff, the Client will be responsible for the deduction and payment of Income Tax and National Insurance and provide the employee with a contract of employment within thirteen weeks of the commencement of employment as required by law.

 Alphabet Childcare actively promotes equality of opportunity for all and seeks to prevent discrimination on the basis of race and cultural identity, disability, gender, marital status or religion.

 All secret and confidential information relating to the business of the Client, its employees, transactions or finances disclosed to the Agency shall be regarded as having been disclosed in confidence and shall not otherwise than in connection with the affairs of the Client be passed on to a third party or in any way be made use of by the Agency at any time either during or after the termination of this agreement.

 The Agency requires that every temporary employee shall deliver to the Client upon termination of, or at any time during the assignment, all documents, papers, materials and other property ( including any copies thereof ) belonging to or relating to the business of the Client which may then be in his/her possession or under his/her control. 

The Client shall indemnify and keep indemnified the Agency against any costs, claims or liabilities incurred by the Agency arising out of any assignment and/or as a result of any breach of these Terms by the Client.

No variation to these terms can be made otherwise than in writing signed by a Partner of the Agency.

This agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.

 We reserve the right to charge interest on all overdue debts at the rate of 8% per month or part of a month. …………………………………………………………………………………