Please read these Terms of Use carefully. By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the below terms & conditions, please do not use this service.
Welcome to “Evelyn & Bloom UK Ltd", a nanny agency that specialises in placing Nannies, Maternity Nurses and Mothers Help in and around North East London.
The Service is owned and operated by Evelyn & Bloom Ltd. & Evelyn & Bloom UK Ltd (“we”, “us”, “our”, the “Company”). These terms and conditions are in addition to the Privacy Policy and Website Terms & Conditions and only apply to the temporary or permanent placement of Nannies, Maternity Nursers & Mothers Help in the UK.
Please read these terms and conditions carefully before engaging in the use of our services and print off a copy for your records. If there is any conflict between our Website Terms & Conditions, these terms and conditions and any of our Nanny, Maternity Nurse & Mothers Help placement services, then the conflict shall be resolved by applying the following order of priority:
1. These Standard Terms for Nanny placement services;
2. Website Terms & Conditions
“Agency” means Evelyn & Bloom Ltd & Evelyn & Bloom UK Ltd.
“Candidate” means any Nanny, Mothers Help, Maternity Nurse or other domestic worker (but not an au pair) who is introduced (whether orally or in writing) to a Client by the Agency.
“Client”means any individual or company to whom a Candidate is introduced.
“Commencement Date” means the date upon which an Engagement commences.
"Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products. But does not include information in the public domain. Information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
"Engagement" means the Client arranging to engage, employ or use a Candidate.
"Full-Time Candidate" means a Candidate whose appointment exceeds 35 hours per week.
“Fees” means the fees paid by the Client to Evelyn & Bloom Ltd/Evelyn & Bloom UK Ltd for the Services provided throughout the world.
“Overseas” means outside the United Kingdom.
“Overseas Placement” means the Placement of a Candidate to a Client who is resident outside the United Kingdom.
“Part-time Candidate” means a Candidate whose appointment does not exceed 35 hours per week.
“Permanent Placement” means the placement of a Candidate whose appointment exceeds 12 weeks in duration.
“Temporary Placement” means the placement of a Candidate whose appointment does not exceed 12 weeks in duration.
“Website” means www.evelynandbloom.com.
2.1 These Terms and Conditions of Business (the “Terms") constitute the entire agreement between the Agency and the Client for the introduction of Candidates to the Client and are deemed to be accepted by the Client.
As a result of the client;
- requesting the Agency to provide details of Candidates; or
- contacting a Candidate; or
- offering employment to a Candidate (the “Offer”); or
- passing on any information about a Candidate to any third party following an introduction.
2.2. No variation or alteration of these terms and conditions shall be valid unless agreed in writing.
3.1. The Agency introductory fees for Permanent Placements are set at 18% of the net salary of the Candidate, as outlined in Schedule 1 to these Terms and Conditions (the “Fees”).
3.2. The Agency introductory fees for Temporary Placements are set at £35 per day or £200 per week (calculated at the lesser rate depending on requirements).
3.3. The Agency will calculate the Fee for Temporary Placements based upon the dates given to the Agency at the commencement of Engagement. However, if the Client engages the Candidate for further dates, the Client and Candidate must inform the Agency, and a further charge will be payable based on the exact period of employment. The total Fee payable for a Temporary Placement shall be no greater than the Fee would be for an equivalent Permanent Placement.
3.4. If the Client engages a Candidate within twelve (12) months of an introduction or (in the case of a Temporary Placement) within twelve (12) months of the termination of an Engagement, then a Fee shall be payable in accordance with the Fee structure set out in Schedule 1.
3.5. The Client must inform the Agency as soon as a Candidate has accepted an offer of Engagement and to provide written details of the Candidate’s agreed remuneration and period of engagement.
3.6. The Client agrees to pay the Fee within 7 days of the invoice date, and, on all occasions, prior to the commencement of the Engagement. In relation to the Engagement of Candidates living outside of the UK or the Engagement of Candidates on Overseas Placements, the fee shall be payable prior to the Candidate booking their travel to the UK or overseas as applicable.
3.7 In the event that the Client does not pay the Fee within the required time in accordance with Clause 3.6 above, the Client shall not be entitled to commence the Engagement with the Candidate nor will the Candidate remain available for the Client.
3.8 Invoices not paid within 7 days will be subject to interest charged at a monthly rate of 8% above the prevailing Bank of England base rate. In the event that a Client fails to pay a Fee which is due, then it shall be liable for all legal and other costs incurred by the Agency in acting to recover such Fees.
4.1 The Agency provides agency services as an introductory agency only, for the purpose of effecting introductions between Clients and Candidates, and the Fees are for effecting introductions which lead to Placements. The Fees do not relate to the duration of any Placement (subject to Clause 5 below) nor does the Agency prepare contracts or employment documents for the Client or Candidate.
4.2. The Agency will interview Candidates, take up references, check for appropriate qualifications and criminal record checks, assess attitude and experience, inform Candidates of the nature of the role, and check that Candidates are willing to work in the position which the Client seeks to fill.
4.3 The Agency will endeavor to introduce the Client to Candidates as well suited as possible, based upon the information which the parties have provided. To this end, the Agency will seek to provide the Client with all relevant information concerning the Candidate which has been made available to the Agency. The Agency cannot guarantee that all the information provided by the Candidates or other third parties is accurate. The final responsibility for any decision to engage a Candidate rests with the Client, who is therefore strongly advised to check details, documentation, and references personally. The Client shall also be responsible for obtaining work and other permits for the Candidate where necessary. The Agency does not offer any warranty as to the suitability, honesty, character, or capability of any Candidate.
4.4 If the Client requests a Candidate who is qualified to drive, the Agency will submit details of Candidates who have stipulated that they hold a valid driving license for the UK, and will endeavor to obtain a copy of their driving license. The Agency is unable to make any guarantees about the Candidate’s driving qualifications or the standard of their driving. It is the responsibility of the Client to verify the Candidate’s driving standard and qualifications and ensure that the Candidate is adequately insured.
4.5 While the Agency will endeavor to meet the requirements of the Client, it is under no obligation to ensure that the Client is introduced to any Candidates. The Agency reserves the right to refuse to supply the Client with Candidate details at its own discretion.
4.6. The Client is responsible for ensuring compliance with all employment and relevant legislation, regulations and all taxation obligations. These include, without limitation, national insurance contributions and all payments made to a Candidate relating to the Engagement.
4.7. The Agency holds no responsibility for the employment contract between the Client and the Candidate, which is solely a matter to be arranged between the Client and the Candidate. The Agency may offer a template employment contract which should be treated solely as an example for guidance. Once the contract between the Client and the Candidate has been executed, the Client is responsible for submitting a copy to the Agency, in accordance with the Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Act”); under the Act, the Agency is required to hold a copy of the employment contract between the Client and the Candidate.
4.8. The Client is responsible for agreeing remuneration and conditions with the Candidate prior to confirming the Engagement. The Client in any event warrants that conditions relating to tax, national insurance, working hours, holiday and sickness benefit, accommodation, remuneration, notice, travel requirements, duties required and grievances shall be notified in writing to the Candidate on Engagement.
4.9. It is the Client’s obligation to immediately inform the Agency if the Agency introduces a Candidate who has already been introduced to the Client by a third party. In the absence of any such notification, the Agency is entitled to assume that it effected the introduction, and the relevant Fee will be payable.
4.10 By agreeing to our Terms & Conditions Clients are not tied our Agency and are able to engage with other Agencies or search for Candidates independently.
5.1. The Agency cannot guarantee that a Candidate will complete a specific period of Engagement, and likewise does not guarantee to the Candidate that the Client will engage the Candidate for a specific period. The Fee relates solely to the search for, background checks and introduction of Candidates by the Agency to the Client and (subject to Clause 5.3 below) does not relate to the actual length of Engagement.
5.2. If a Permanent Placement terminates within 6 weeks of the Commencement Date due to:
(i) The Client terminating the arrangement on grounds which are in the Agency’s opinion reasonable; or
(ii) The Candidate terminating the arrangement on any grounds other than those set out in Clause 5.6 below,
then the Client shall (subject to availability) be entitled to a replacement Candidate (the “Replacement”) free of charge. Only one free Replacement shall be provided per Fee paid. In order to receive a Replacement, the Client must provide written notice (by post or e-mail) (“Notice of Termination”) to the Agency within two (2) working days of termination of the Engagement that the Engagement has been terminated.
5.3. In the event that no suitable and available Replacement (as determined by the Agency) has been proposed by the Agency as a Permanent Placement within a 4 week period from the date of Notice of Termination, then the Agency shall refund a proportion of the Fee (such proportion to be determined by the date of termination of the Engagement).
Refunds shall be made in accordance with the following sliding scale:
Period between Commencement Date and termination of the Engagement
4 weeks: 60% of Fee
8 weeks: 30% of Fee
12 weeks: 20% of Fee
5.4 If the Client chooses not to accept a suitable Replacement or if the Engagement is terminated more than 12 weeks after the Commencement Date, then the Client shall not be entitled to any refund.
5.5 If the Client does not pay the Fee within the required time in accordance with Clause 3.6 above, the Client shall not be entitled to a refund or replacement Candidate.
5.6. If the Candidate leaves due to;
- misconduct on the part of the Client (including a breach of these Terms); or
- the Client providing false or misleading information (whether on the application form or otherwise); or
- the Client changing the Candidate’s location of employment, the Candidate’s agreed working hours, or job description; or
- the Client not providing the Candidate with a contract of employment;
then the Client shall not be entitled to a free Replacement or a refund of any part of the Fee.
5.7 Clause 5 shall also apply in relation to Temporary Placements, except that a free Replacement shall only be offered if the Candidate has completed less than 50% of the number of days of their agreed Engagement and the Engagement has been terminated within 2 weeks of the Commencement Date. In such circumstances, and if no suitable Replacement is available, then the Agency shall refund 50% of the Fee. If upon termination of the Engagement the Candidate has completed more than 50% of the number of days of the agreed Engagement, then the Client shall not be entitled to a free Replacement or any refund.
6.1. The Client shall be entitled to engage in a trial period of up to fourteen days of Permanent Placement Candidates with the Temporary Placement Fee being payable to the Agency for this time. This fee will be deducted from the Permanent Placement Fee if a trial Candidate becomes a successful Permanent Placement. The Candidate should be paid directly for their time as well. If a trial period is arranged or extended for beyond fourteen days, then the Client shall continue to pay a Temporary Placement Fee for the full trial period.
7.1 Should the Client cancel the Engagement after terms have been agreed but before the Engagement commences, the Client will be liable for an administration fee of £250 which is due to be paid within 7 days of cancellation or the 8% monthly interest will be applied. If the Candidate cancels the Engagement prior to commencement, then the Client shall be entitled to a Replacement or a full refund.
7.2 If the Client cancels an arrangement with a Candidate who is traveling from Overseas after travel arrangements have been made, then the Client must reimburse the cost of those travel arrangements.
8.1. The Agency shall endeavor to introduce Candidates who are suitable for the Client’s requirements. However, the Agency is providing services solely for the purpose of introducing Candidates to the Client, and the final decision to employ a Candidate is the sole responsibility of the Client. The Agency shall not be liable for any costs, damages, losses (including loss of earnings), injury (unless due to the Agency’s negligence), or misconduct related to the introduction of the Candidate to the Client. It is also not responsible for any inaccuracy in the information provided by the Candidate or any third party. Or from failure to introduce a Candidate. In no circumstances shall the Agency have any liability to the Client beyond the value of the Fee paid. The Agency does not accept liability for death or personal injury resulting from its negligence.
9.1. All information provided by the Agency to the Client is confidential and must not be passed to a third party directly or indirectly (unless required by a law enforcement agency). If the Client passes confidential information on to a third party resulting in the engagement of a Candidate by a third party within one year of the Client being introduced to the Candidate, then agency fees shall become payable by the Client.
The Data Protection Act 1998 (the “Data Protection Act”) and the General Data Protection Regulation (GDPR) regulate the Agency’s processing of personal data. The Agency’s privacy policy is at www.evelynandbloom.com/en/privacy-policy-copy. You consent to the Agency holding and processing your personal data (including sensitive personal data) on the basis set out in the Privacy Policy.
Evelyn & Bloom Ltd & Evelyn & Bloom UK Ltd shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide care caused by a death, illness, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
You can contact us by any of the following methods:
Email: hello@evelynandbloom.com/info@evelynandbloom.co.uk
Post: Evelyn & Bloom Ltd, Suite A
82 James Carter Road
Mildenhall
Suffolk
IP28 7DE
United Kingdom
Telephone: +44759375280
Role: Live-in Nannies,· Live-out Nannies,· Maternity Nurses,· Mothers Help
Permanent (whether full-time or part-time): 18% of the net, annual salary of the Candidate
Temporary: £35 per day Or £200 per week (based on the lower fee per week).
Thank you for trusting Evelyn & Bloom Ltd & Evelyn & Bloom UK Ltd´s services.