clients TErms and conditions
1. Definitions
"The Agency" refers to Elite Staff Placements.
"The Employer" refers to the individuals engaging Elite Staff Placements for staff placement.
"The Applicant" refers to any staff introduced by Elite Staff Placements.
2. Acceptance and Variation
By engaging with The Applicant, The Employer implicitly accepts these terms and conditions and acknowledges the fees of The Agency.
Any changes to Elite Staff Placements terms of business are only valid if mutually agreed upon in writing by both The Employer and The Agency.
3. Information and Notification
The Employer commits to supplying accurate and truthful information for contracts and promptly informing The Agency of any modifications.
Notification to The Agency is necessary prior to finalising any additional employment arrangements for temporary job assignments.
The Employer pledges to furnish truthful and precise information related to contracts and any details required by The Agency. Any alterations in circumstances will be promptly communicated to The Agency. Should The Agency provide an Applicant for a temporary job with The Employer, no further employment arrangements should be made without notifying The Agency for proper invoicing. Both the Applicant and The Employer must inform the agency promptly when such arrangements occur.
Both The Employer and The Applicant must secure their respective public liability insurance. Upon acceptance of the job offer, The Applicant is recognized as an employee of The Employer, not The Agency. The Employer recognises that the legal relationships between The Applicant and The Employer are subject to the recommendation to seek legal advice in order to fully understand their responsibilities outlined in these terms and conditions.The Agency emphasises that Applicants are introduced to The Employers and will always remain employees of The Employer, not The Agency, in any potential legal relationships.
4. Engagement Notice and Payment Terms
The registration fee for placements before an introduction is as follows: Temporary positions cost £50 (for up to 8 weeks), while permanent positions cost £125. This fee is completely refundable from your final placement fee.
When The Employer engages with The Applicant, they must promptly provide written notice of the engagement to The Agency.
After engaging The Applicant introduced by The Agency, The Employer must promptly inform The Agency in writing. The Agency's fees are due on the engagement date, not when The Applicant's duties commence.
If The Applicant is engaged in a Temporary position lasting 12 weeks or more, The Employer must compensate The Agency for the difference between the initially applicable Temporary placement fee (after deducting any previous payments by The Employer, if applicable) and the fee for a Permanent placement, unless otherwise mutually agreed upon by The Agency and The Employer.
Payment must be made by The Employer within 7 working days from the date of the invoice. Payment can be made through direct transfer to Elite Staff Placements' bank account or any alternative method agreed upon by both parties.
Fees not paid within 7 working days of the initial invoice will incur a 15% surcharge on subsequent invoices issued every 7 working days, as per Elite Staff Placements Terms & Conditions of Business. This surcharge accumulates and is applied to each invoice until full payment is received. If an invoice is ignored for 30 days, the Agency reserves the right to remove The Applicant from the job, but the payment obligation for The Applicant's duration with The Employer remains in effect. If payment for an invoice is not received within 30 days, it will be promptly escalated to debt collectors for further action.
Refunds will not be provided if The Employer cancels a confirmed booking or reduces the initially agreed-upon days. If The Applicant continues working beyond the specified dates or remains in the household after the agreed-upon period, The Employer will incur an additional fee. The Employer must pay The Applicant the agreed-upon rate for the booked days, even in the event of cancellation.
Permanent placement fees are set at 25% of The Applicant's annual salary.
Temporary placements are billed at £50 per day, and The Applicant must be paid for a minimum of 4 hours per day.
If The Employer withdraws the job offer after formally extending it to The Applicant, The Applicant has the option to receive compensation from The Employer based on a percentage of their booking. The Agency advises 10% of the total salary agreed, unless The Employer and The Applicant agree on a different amount. If there is an existing contract, its terms will take precedence. It is the responsibility of both The Employer and The Applicant to establish a contract before starting the job.
If the Employer decides to transition The Applicant's role from part-time to full-time or increase the originally advertised hours, they will be subject to an additional fee.
5. Direct Communication
If there is direct communication between The Employer and The Applicant prior to The Agency's introduction, The Employer is required to notify The Agency within 24 hours; otherwise, fees will be incurred.
Fees become applicable upon the formal acceptance of a job offer by The Applicant.
The Employer is prohibited from sharing the details of Elite Staff Placements Applicant without prior notification to us.
6. Refunds and Replacement
The Agency will offer replacements only if the following conditions are met:
If The Applicant terminates the employment contract due to The Employer’s breach of terms or violation of relevant laws (e.g., violence, threats, or an unsafe work environment), the Agency is not responsible, and no substitute Applicant will be provided.
The engagement continues as the Applicant hasn't cancelled due to any Employer issues. The Employer adhered to agreed-upon terms, including working hours, location, and duties. The Applicant found conditions unsatisfactory, with The Agency having the final say. No Employer aggression occurred. Additionally, the Employer fulfilled legal obligations, such as tax payments and a self-employed maternity nurse deposit, as evidenced by The Applicants last payslip
7. Permanent Replacements
Conditions for Replacement in Permanent Placements: The Employer is contractually obligated to fulfil payment obligations within a specified period of 7 days. The preservation of original job conditions is a material term, and strict adherence to The Agency's Terms and Conditions is a binding contractual requirement.The Agency only presents candidates accepting market-related salaries.
In the event of Candidate pre-employment cancellation, the Agency commits, under the terms of this agreement, to make diligent efforts to provide a substitute possessing similar qualifications. Notably, refunds are not feasible if The Agency's invoice remains outstanding beyond the agreed-upon 7-day payment window.
If The Applicant's employment is terminated by the Client after the initial 4 week period, The Agency is not obligated to The Employer to present further Candidates without further charge.
The Agency will present up to 3 new Applicants for The Employer to interview.
If the Client doesn't reach out to candidates or give feedback within three months of the opening day, the Agency isn't responsible for any candidate losses. The Client recognizes the competitive nature of the domestic staff market, with private families and offices actively seeking qualified staff.
If The Employer finds a replacement outside the Agency post-advisory, no further replacements are provided.
No additional replacements are offered after a replacement has been found once by The Agency
8. Temporary Replacements
Payment must be made within 7 days. If employment ends in the first week, a replacement applicant with a similar profile is provided at no extra cost. If a replacement isn't available, a partial refund, based on worked and unworked days, will be issued. However, if termination occurs after the initial week, additional applicants will incur extra charges.
The agency bears no responsibility and is not required to provide a replacement or issue a refund in the event that the client deems the portfolios unsatisfactory and opts not to proceed with any of the potential candidates.
There is no refund for the daily trial fee.
In the event of less than 48 hours' notice for the cancellation of a babysit, temporary, or rata booking, the Client must pay 50% of the due amount to the nanny/sitter, regardless of the cause of cancellation.
The Employer commits to providing a minimum of 48 hours' notice for cancelling a temporary booking. If the notice period is less than 4 hours, failure to comply will necessitate The Employer compensating The Applicant with the full agreed-upon daily salary.
9 Termination of Agreement
The Agency retains the authority to terminate this Agreement at its discretion, for any reason, by furnishing written notice with immediate effect.
Should the Agency, at its sole discretion, determine that The Employer has failed to comply with any terms outlined in this Contract, as communicated in writing to The Employer, no reimbursement or credit will be provided.
The Employer holds the prerogative to terminate this contract at any time for reasons deemed appropriate by The Agency. Termination notice by The Employer must be conveyed in writing, and any outstanding fees or obligations must be settled in accordance with the terms of the contract.
In instances of non-payment or delayed payments by The Employer, the Agency may terminate the contract upon written notice, specifying the outstanding amounts and providing a reasonable timeframe for settlement.
Upon termination, both parties commit to promptly settling any outstanding financial obligations. The confidentiality clauses and obligations stipulated in the agreement will endure beyond the termination of the contract.
In the event of a dispute arising from the termination of this contract, both parties commit to engaging in good-faith negotiations to amicably resolve the matter.
10 Confidentiality and Responsibilities
Any information related to The Applicant is considered confidential and is subject to regulation under Data Protection Laws. This information is provided exclusively for the purpose of facilitating work-finding services for The Employer. The Employer acknowledges not to utilise this information for any other purpose, refrain from disclosing it to any third party, and agrees to comply with the provisions of Data Protection Laws when receiving and processing the data. Additionally, any confidential information regarding The Agency's business should be treated with confidentiality and must not be disclosed to any third party, except for information already in the public domain.
All parties involved in this agreement pledge to safeguard each other's welfare by refraining from sharing any text, image, or audio-visual material on any social network or public platform that could cause harm, embarrassment, or damage to the other party.
The Agency is dedicated to identifying suitable staff for The Employer; however, it is the exclusive responsibility of The Employer to verify the qualifications, references, and overall suitability of The Applicant.
Upon acceptance of jobs, both The Applicant and The Employer are responsible for independently establishing their payroll or self-employment arrangements. The agency does not facilitate or organise this process.
11. Immigration and Travel
The Employer is responsible for obtaining all required work permits, visas, and insurance for The Applicant if they are required to travel abroad with The Employer for any reason. Additionally, the Employer will handle immigration procedures and provide any necessary permits for The Applicant.
Economy class travel of The Applicant is the responsibility of The Employer. This includes upon termination if overseas.
12. Exclusive Engagement
Once The Agency advises a prospective applicant, The Employer cannot accept the same applicant from another agency within 12 months.
Accepting the same applicant from another agency within 12 months incurs a fee as per The Agency's terms.
13. Amendments and Agreement
The Agency reserves the right to amend the terms at any time. Upon registering or sending a signed copy back to The Agency, the Employer is required to keep up to date with the changes continually. We will advise on the changes on our website when and if they happen. The fee adjustment will not be applicable if you have already engaged one of our staff members.
The Employer must complete the online Registration Form for acceptance, or alternatively, sign the Terms and Conditions and submit them to the Agency before being added to our roster. By completing the online registration form, confirmation of acceptance of the Agency's Terms & Conditions is provided.
14. Trial Period
If either the Applicant or the Employer choose to have a trial period before officially hiring staff, there will be a charge of £15 per hour, or as mutually agreed upon by the Applicant and the Employer. Additionally, a daily fee of £50 will be charged to the Agency. These fees will be invoiced after the trial period. It's important to note that the Registration fee is separate from this arrangement.
There is no free substitute for trial staff.
15. Liability
The Agency is not accountable for any issues or harm arising from actions undertaken by The Applicant facilitated by the Agency. This encompasses losses, damages, delays, accidents, and even fatalities occurring during The Applicant's tenure, irrespective of whether the Agency's conduct is negligent or fraudulent.
The Agency's liability is constrained to the Placement Fee remunerated by the Client for the services rendered.
The Agency does not assume employment of The Applicants, and the Client bears responsibility for ensuring legal compliance in employment matters. The Agency bears no liability for any non-compliance by either the Client or The Applicant.
The Agency cannot ensure that The Applicant will fulfil the anticipated duration of their stay or engagement with the Client.
16. Legal
These terms of business are governed by English law, and any disputes arising out of or in connection therewith shall be subject to the jurisdiction of the English courts.