Terms and conditions

Contract
Sugar & Spice Terms and Conditions are a legally binding contract between the client and employer, herein after to be called the “Client,” and Sugar & Spice herein after to be called the “Agency.”

A Client is a person or persons who approach the Agency either through written or verbal instruction and request that the Agency introduce the Client to a nanny, mother‘s help, maternity nurse or any person seeking work in a private household, hereinafter to be called the “Candidate,” for the purpose of employment.

By registering with the Agency either verbally or through written or online instruction, and receiving Candidates for interview, the Client accepts the Agency’s Terms and Conditions.

Rates and Fees
1. The Agency has a 3 tier service package in place in relation to fees for UK clients, which is currently set at £1,200 flat fee + 10% (11% for live in positions) of Candidate’s annual net salary for Platinum service, £1,000 flat fee + 9% (10% for live in positions) of Candidate’s annual net salary for Deluxe package and £800 flat fee + 8% (9% for live in positions) of Candidate’s annual net salary for Premier Package. There is also an initial deposit of £250 for Clients who opt for the Platinum package (£75 deposit for Clients who opt for either of the other packages). This deposit is deductible from the final fee, but is non refundable if the Client does not choose a candidate put forward by the Agency or if the Agency is unable to find suitable candidates for consideration. Overseas clients are charged a flat fee of 22% of annual net salary of any candidate.

2.In cases of temporary placements of a candidate, lasting longer than 2 weeks, the Agency charges a placement fee of £110 per week (5 days/nights), payable weekly in advance. For temporary placements of a candidate lasting less than 2 weeks, then a registration fee of £100 is payable and then a flat fee of £25 per day/night is payable, weekly in advance.

3. For overseas clients, the fee is 22% of annual net salary of the Candidate, with a non refundable deposit of £200 due, prior to the Agency starting work on their behalf (returning clients are exempt from this deposit). This deposit is deductible from the final fee, but is non refundable if the Client does not choose a Candidate put forward by the Agency, or if the Agency is unable to find suitable candidates for consideration. The replacement guarantee scheme in place for overseas placements is 4 weeks (which includes any trial period if one was requested); all other terms and conditions relating to the replacement guarantee referred to in section 9 and 10 apply. If the Client wishes to offer a trial period to any Candidate, they must agree to pay all relevant costs associated with this; all flights to and from the destination back to the UK (or to the Candidate’s home country if applicable), all accommodation and food costs during the trial, the Candidate must also be fully reimbursed for the trial at a daily/weekly rate in line with the final salary package agreed during negotiations. Trial periods for overseas clients cannot exceed 1 week, unless this has been agreed in advance of the Candidate starting the trial. Any Client who extends the trial period without prior agreement is deemed to have confirmed the offer of the position to the Candidate and no refund of fees will be payable if they subsequently decide the Candidate is unsuitable, although the replacement guarantee will still be applicable, if they terminate employment within the 4 week period outlined earlier. If any overseas Client decides that they do not wish to offer a permanent position to the Candidate after the trial period, they will be refunded the full fees which they paid prior to commencement of the trial, less 30% of the Agency fees in respect of the work incurred.

4. Fees are payable by Clients within 7 (seven) working days of the date of invoice, or before the Candidate takes up the position (or, in the case of overseas clients, begins a trial period), if this is less than 7 (seven) days. The invoice will be issued immediately after the Client has accepted, either verbally or in writing, a Candidate for employment/trial. Failure to pay within 7 (seven) working days of receipt of the invoice will automatically render the replacement guarantee null and void. Should the Client engage the candidate in any capacity other than the original instructions to the Agency (i.e.: if the candidate is used for babysitting/ad hoc childcare/PA work etc, opposed to the original instruction of full/part time placement, or is offered any other role at all with the Client) then the Agency’s full respective Rate or Fee and these Terms and Conditions will still apply, regardless of hours/days used.

5. If any invoice remains unpaid after 7 days, the Agency is entitled (at its sole discretion) to charge a surcharge of 25% on all invoices which have not been settled in accordance with these Conditions. The Client shall be liable for and shall indemnify the Agency against all costs and expenses incurred by the Agency in respect of any steps, actions or proceedings made or brought against the Client by the Agency to obtain payment of outstanding Agency Fees and interest.

6. The Agency require the full invoice to be paid in advance of the Candidate’s employment commencing. The Candidate will not commence employment prior to full settlement of the invoice. For overseas placements the full fee will be due no later than 72 hours prior to the Candidates departure for either trial or employment.

7. If the position of employment is temporary and the Candidate returns to the Client within six months of the initial placement for further employment the Client is obliged to pay the Agency’s standard Rate or Fee for such a placement service. Should the original temporary employment be extended the Client is required to pay the difference between the Rate or Fee charged and the actual Fee that would have been charged for such a time period.

8. Information communicated between the Agency and the Client, whether written or verbal, shall be confidential. The Client should not pass any information relating to any Candidate introduced by the Agency to a third party. Should the Client pass any such information on to a third party which results in the placement of a Candidate in any childcare position the Client will be liable to pay the Agency’s full respective Rate or Fee and these Terms and Conditions will apply for that placement.

9. Replacement guarantee:

If a Candidate placed by the Agency remains in the Client’s employment for fewer than eight weeks if the Premier Package has been selected, or three (3) calendar months if Deluxe Package is selected or six (6) calendar months if Platinum Package is selected the Agency will endeavour to replace the first Candidate placed with the Client for no additional fee. The replacement guarantee for overseas placements is 4 weeks (inclusive of any trial period) – all other terms and conditions apply.

The client is eligible to 1 free replacement only. The Agency shall be obliged to provide the Client with up to two (2) candidate profiles for consideration. Such profiles will be selected based on the information originally provided at the point of Client registration and will be provided within 2 months of notification. The Agency accepts no liability and is not obliged to offer a Replacement or any refund if the Client finds the portfolios unacceptable and does not want to engage any of the potential Candidates. Should the Client find a new Candidate via another source, the Agency will not be obliged to offer any further replacement.

This replacement guarantee only applies if the conditions of section 10 are met.

10. Provision for termination of employment

If a candidate accepted by the Client for a permanent position does not remain in the Client’s employment for at least eight weeks if the Premier Package has been selected, or three (3) calendar months if Deluxe Package is selected or six (6) calendar months if Platinum Package is selected, (or 4 weeks for overseas placements), the Agency will provide one replacement Candidate provided that the following conditions are satisfied:

a: The Client has paid in full the Agency’s fee within the seven (7) day period (or before the Candidate commences employment/trial if this is sooner), in accordance with the Agency terms and conditions.
b: The Candidate has not cancelled the booking due to unreasonable requirements by the Client.
c: The Client has not changed the employment location or the hours originally agreed by the Candidate and Client.
d. The Client has notified the Agency in writing of the termination of employment of the Candidate, within 48 hours of termination.
e. 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 payslip).
f: The Candidates employment has not been terminated due to unreasonable demands by the Client or because of a change in job description.
g: The Candidate has not terminated their employment because the Client has been verbally or physically aggressive towards the Candidate.
h: The Client will no longer be eligible for a replacement Candidate after the first Candidate has been replaced.
i: If the Client is verbally or physically aggressive towards any Candidate placed by the Agency, the Client will not be eligible for the replacement guarantee.

11. If the Client cancels a confirmed booking less than 30 days prior to commencement of the Candidate, the full Agency fee is payable and one weeks salary is payable to the Candidate. If the Client cancels a confirmed booking more than 30 days prior to commencement of the Candidate, then the Agency will be entitled to charge 30% of the Agency fee in respect of the work incurred.

Liability

The Agency shall not be liable under any circumstances for any loss, damage, expense, or compensation suffered or incurred by the Client either directly or indirectly arising from or in any way connected with the Agency introducing a Candidate or the Client employing a Candidate.

Introduction of Candidates
The Agency endeavours to ensure but does not guarantee the suitability of any candidate introduced to the Client. The final decision to employ a candidate is the sole responsibility of the Client. The Client must satisfy themselves to the overall suitability of any Candidate introduced. The Agency only acts as an introduction and booking agent and advises the Client to take up references provided by the Candidate, check and retain copies of the Candidates ID and necessary certificates. The Agency does not accept any liability for any inconvenience, damage or loss arising whether caused directly or indirectly from any act or omission of a Candidate introduced to the Client by the Agency.

The Agency offers no warranty for a Candidates character, honesty, reliability, suitability or capacity.

The Agency is not responsible for the Client and Candidate‘s contract of employment. These are to be arranged directly between the Client and Candidate. The Agency offers a contract of employment only as a guide for the Client. Under The Conduct of Employment Agencies and Employment Business Regulations 2003 effective April 6th 2004: All agencies will be required to hold a copy of the employment contract between employee and employer.

The Agency will not be liable for death or personal injury resulting from its negligence.

Suitability
The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Client and Candidate are aware of any requirements imposed by law or any professional body to enable the Candidate to work in the position which the Client seeks to fill.

If appropriate, the Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Candidate, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Candidate is engaged to work.

The Client as the Employer is responsible for the issuing of an employment contract, wage slips and the payment of all Tax and National Insurance contributions. The Agency acts only as an introduction and booking agent therefore holds no employer responsibility for any Candidate, whether introduced on a permanent, contract or temporary basis.