Terms and Conditions of Services
Table of Contents
1.Agreement
2. Consumer Rights
3. Supply of Services
4. Responsibilities of the Client
5. Freelance Workers
6.Fees and Payment
7.Cancellation Policy
8. Refunds and Complaints
9. Liability
10. Termination
11. Confidentiality/ Consent/ Data Protection
12. General
1.Agreement
1.1. The agreement between NannyEmmy and the client for the provision of services shall only come into effect when NannyEmmy receives and confirms the acceptance of instructions in writing through the collection of the Detailed Contact Form available on the website.
1.2. By filling out the Detailed Contact Form the client agrees for the information shared to be kept and used for contact purposes. The client also confirms they have read the terms and conditions of the service. By providing information, reading the terms and conditions and submitting the Detailed Contact Form, the client acknowledges and accepts these conditions.
1.3. These Conditions shall apply to all permanent, fixed term and temporary/flexible positions unless otherwise stated.
2. Consumer Rights
2.1. The client may cancel the Agreement of Service by informing NannyEmmy in writing at any time within 14 calendar days of securing a freelancer for the provision of the relevant Services. Once a freelancer has been selected the Client will be notified and the 14 day cancellation period will begin. If the Client has opted for a trial shift, the 14 days for cancellation will commence after the trial shift. NannyEmmy will then confirm the Client’s cancellation in writing to the client.
2.2. The Client may request that NannyEmmy supplies the Service before the end of the cancellation period by making an express request in writing, which once received shall be evidence of the Client’s request that NannyEmmy begins the supply of Service before the end of the cancellation period and the Client will no longer have the right to cancel the Agreement on this basis.
2.3. If the Client does make this request for the Services to start immediately in accordance with clause 2.2., NannyEmmy will be able to start the provision of Services immediately.
2.4. Where a Client has been offered and has accepted a Freelancer for work either on a Temporary/Flexible, Fixed Term or Permanent basis, the Service contract between NannyEmmy and the Client will be deemed to have been performed in its entirety.
3. Supply Of Services
3.1. NannyEmmy shall use reasonable endeavours to introduce to the Client Freelancers whom are considered suitable to be engaged by the Client to carry out work of such nature as required by the Client. The Client shall specify in the Detailed Contact Form its exact requirements by providing details of the type of work and period of engagement for which the Freelancer is required. Any requirements which are unreasonable or which constitute discrimination will not be considered part of the search criteria. NannyEmmy will use the Detailed Contact Form to try and match Clients with the most suitable Freelancer and will not be deemed to be in breach of contract if the Client decides to change this search criteria at a later date.
3.2. NannyEmmy will carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practise and relevant statutory obligations.
3.3.NannyEmmy will use reasonable endeavours to introduce Freelancers to the client who it reasonably believes, following appropriate interviews and professional checks, to be of sound character, but cannot guarantee the suitability of the Freelancer introduced to the Client. While NannyEmmy will make reasonable efforts to ensure reasonable standards of skills, integrity and reliability of Freelancers as well as complying to the Client’s requirements, the Client accepts and agrees that NannyEmmy gives no warranty as to the suitability of Freelancers.
3.4. NannyEmmy will conduct background checks including but not limited to a DBS check. It is the responsibility of the Client to ask to see copies of certification obtained by a Freelancer including paediatric first aid certification and any other registration or certification through a professional body. Written consent from a Freelancer is required in order for NannyEmmy to be able to share sensitive personal data with third parties under the General Data Protection Regulations, which is why sometimes we are unable to share this data. Clients are encouraged to make use of the trial shift following the initial Placement Coordinator interview with the Freelancer, to make sure they are comfortable with the Freelancer assigned.
3.5. NannyEmmy cannot guarantee that a favoured Freelancer will always be available.
3.6. If the Client has an issue with a Freelancer or would like to adjust the contract. NannyEmmy will speak with both parties the Client and the Freelancer to come to a new arrangement, either by adjusting the current contract as agreed by both parties or by terminating the contract and finding a new Freelancer to fit the position required.
4. Responsibilities Of The Client
4.1. The Client is responsible for paying the Freelancer through NannyEmmy for the specific jobs assigned and coordinated by NannyEmmy services. All Freelancers whose work has been arranged through NannyEmmy must be paid through NannyEmmy and not directly to the Freelancer. The Freelancer will invoice NannyEmmy and get paid accordingly.
4.2.The Client must pay NannyEmmy for the Freelancer’s work upon the receiving of an invoice.
4.3. The Client is responsible for reading through the contracts fully.
4.4. The Client is responsible for ensuring a safe working environment for the Freelancers.
4.5. NannyEmmy shall obtain references, DBS, Driving Qualifications, First Aid certification and other appropriate checks but it is the responsibility of the Client to satisfy himself/herself as to the suitability of any Freelancer.
4.6. The Client is responsible for reporting any concerns about Freelancers to NannyEmmy and if suitable, to the police.
4.7. If the Client requests to cancel a shift that has been booked in and confirmed you will need to give 12 hours notice. If the Client cancels after this notice period they will pay 50% of the total sum of the shift to NannyEmmy as a cancellation fee.
5. Freelance Workers
5.1. Freelance workers are responsible for paying their own taxes and providing themselves with public liability insurance as per the Freelancer contract.
5.2. Freelancers who join NannyEmmy will be screened with the relevant checks including DBS, Right to Work Checks, Social Media Screening and must provide two references. First Aid certification and Driver’s Licence may also be checked if requested by the Client.
5.3. Freelancers are under no obligation to accept a placement.
5.4. Once a Freelancer has signed a contract, they are obliged to attend and work the shifts they have agreed to.
5.5. If a Freelancer cannot attend a shift they must inform the Client and NannyEmmy immediately.
5.6. If a Freelancer is late they must inform the Client and NannyEmmy immediately so NannyEmmy can adjust the start time accordingly.
5.7. When booked through NannyEmmy, the Freelancer should invoice NannyEmmy for payment. They must not accept payment from the Client themselves as per the contract.
5.8. NannyEmmy is under no obligation to supply the Freelancer with a minimum number of hours of work.
6. Fees and Payment
6.1. NannyEmmy charges Clients £17 per hour for Nannying Services, £50 per session for Youth Mentoring Services and £20-£50 for Tutoring Services depending on which Key Stage the child is in. £20 for Key Stage 1, £30 for Key Stage 2, £40 for Key Stage 3 and £50 for Key Stage 4.
6.2. NannyEmmy receives an invoice from the Freelancers of the hours they have worked, and NannyEmmy invoices the Clients.
6.3. The fee of service including the initial consultation, the placement coordination, the interviews, the background screening, the contracting and the continued support throughout the process is taken as a cut from the payment after the work commences. NannyEmmy charges £17 per hour to the Clients seeking the Nanny Service, and pays the Freelancers an agreed £14 per hour to conduct the work. NannyEmmy charges Clients £50 per session for the Youth Mentoring Service and pays an agreed £45 per hour to the Freelancer. NannyEmmy charges Clients £20-£50 for the tutoring sessions and pays the Freelancer an agreed £15-£45 per session to the Freelancer depending on the Key Stage the child is in.
6.4. Trial shifts for the Nanny Service is paid according to the regular fee of £17 per hour.
6.5. Any tips or extra payment made by the Client will go directly to the Freelancer.
6.6. Freelancers will be paid within 24 hours of the invoice being sent.
6.7. Clients should pay NannyEmmy within 24 hours of the invoice being sent.
6.8. All payments must be in pounds sterling.
7.Cancellation Policy
7.1. Once a freelancer has been assigned and confirmed by both parties there is a 12 hour cancellation policy in place to protect freelancers from last minute cancellations.
7.2. If a parent cancels less than 12 hours before the service they are required to pay NannyEmmy half of the total of the service. For example if you had a babysitter booked in for 3 hours and you cancelled 5 hours before the sit, you would have to pay £25.50 as the full amount would be £51. The same principle applies to all services: Nannying, Babysitting, Tutoring and Youth Mentoring.
8. Refunds And Complaints
8.1. Freelancers are only paid for the work they have been agreed to conduct therefore refunds are not available for the hours they have worked.
8.2. If a Client wishes to complain about a Freelancer they may do so through a complaints form that will be emailed to the Client. Both the Client and the Freelancer will be called to discuss with NannyEmmy and an agreed upon outcome will be devised. This may result in the termination of contracts as agreed by all parties.
9. Liability
9.1. NannyEmmy confirms that, in supplying Freelancers to the Client, it is not aware of anything which will cause any detriment to the interests of the Freelancer or Client if the Freelancer fulfils the work assigned.
9.2. NannyEmmy will not be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the introduction or supply of a Freelancer to the Client or with any failure by NannyEmmy to introduce or supply a Freelancer for all of any period booked by the Client, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of NannyEmmy. In particular, but without limitation, NannyEmmy will not be liable for any loss, injury, damage, expense or delay arising from or in any way connected with:
9.2.1. any failure of the Freelancer to meet the Client’s requirements for all or any of the purposes for which the Freelancer is required by the Client; or
9.2.2. any act or omission of a Freelancer, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise;
9.2.3.any loss, injury, damage, expense or delay suffered by a Freelancer.
9.3. NannyEmmy shall not be liable for the following categories of loss in connection with the provision of Services, or in connection with the Client’s engagement, the Freelancer’s or the Client’s failure to commence the engagement of a placement or the Freelancer leaving the Client’s engagement:
9.3.1. Loss of income revenue sustained by the Client due to having to care for a child themselves
9.3.2. The cost of paying another nanny/tutor/youth mentor or childcare provider for alternative childcare cover
9.3.3. Costs incurred due to damage to property or theft of property
9.3.4. The cost of hotel rooms or travel expenses incurred by a client in relation to themselves or in relation to a Freelancer
9.3.5. Any other losses which cannot reasonably be foreseen would result from NannyEmmy’s failure to comply with this Agreement.
9.4. NannyEmmy expressly excludes all liability for, and the client shall indemnify NannyEmmy in full against all claims, damages, losses, fines or other sums howsoever incurred where any such liability arises out of the Client instructing a Freelancer to perform tasks outside the scope of any assignment or placement including but not limited to:
9.4.1. asking a Freelancer to take any children outside the Client’s property
9.4.2. asking a Freelancer to provide care to any children or vulnerable adults
9.4.3. asking a Freelancer to take children on public transport or drive within their own vehicles.
9.5. The Freelancer is responsible for their own taxation and public liability insurance.
9.6. The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability Insurance for domestic workers, including childcare.
9.7. This clause 8 does not exclude or limit in any way NannyEmmy’s liability for:
9.7.1. death or personal injury caused by the negligence of NannyEmmy; or
9.7.2. fraud or fraudulent misrepresentation; or
9.7.3.any other matter for which it would be illegal or unlawful for NannyEmmy to exclude or attempt to exclude NannyEmmy’s liability.
10. Termination
10.1. The Agreement shall continue until the Services have been provided as required in accordance with the Contract.
10.2. Either party may terminate the Agreement by notice in writing at any time to the other if:
10.2.1. the other party commits a material breach of the conditions outlined in the contract and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given notice from the other party to do so; or
10.2.2. the other party commits a material breach of the contract which cannot be remedied under any circumstances.
10.3. Any rights to terminate the contract shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the contract as at the date of termination.
11. Confidentiality/ Consent/ Data Protection
11.1. All information provided by either party to the other, including but not limited to any personal details relating to the Freelancer or Client, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Freelancer (as the case may be).
11.2. By entering into this Agreement the Client is providing explicit consent to NannyEmmy to share their full name and home address and contact details with any prospective Freelancers which the client confirms to NannyEmmy that they wish to meet or interview. The Client also provides its explicit consent to contact from emails being sent from Placement Coordinators or other members of staff employed by NannyEmmy, to the Client’s email address and telephone numbers. Some of these emails may contain personal data.
11.3. The Client acknowledges that he/she has received a copy of NannyEmmy’s Data Protection and Privacy Policy that clearly sets out how the Client’s information may be used by NannyEmmy.
12. General
12.1. Neither party may assign transfer or in any way make over any of its rights or obligations to any third party without the written consent of the other party.
12.2. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing either by letter or email addressed to the other party at its registered office or principle place of business or such address as any at the relevant time has been previously notified to the party giving the notice.
12.3. No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.4. If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
12.5. It is not intended that any of the terms of this agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to this agreement.
12.6. English law shall apply to this Agreement and the parties agree to submit to the exclusive jurisdiction of the English courts.