CLIENT TERMS OF BUSINESS FOR THE INTRODUCTION OF PERMANENT OR CONTRACT STAFF (TO BE
DIRECTLY EMPLOYED BY THE CLIENT)
Definitions and Interpretation
1.1 “The Agency” refers to Exclusive Au Pairs, United Kingdom.
1.2 “The Client” refers to a person or family who engages the agency to seek a Candidate for them.
1.3 “The Candidate” means a person, au-pair, nanny, mothers help, housekeeper, maternity nurse or other
introduced to the Client by the Agency.
1.4 Introduction means the Agency giving the details of a Candidate’s name and/or other personal information
to the Client by email, telephone, post, in person or other means. Introduce(s), Introduced shall be constructed
accordingly.
1.5 Placement/Engagement means an agreement (written and/or verbal, whichever is sooner) between a Client
The headings in these terms and conditions are Engaging shall be constructed not affect their interpretation.
and a Candidate. Placement(s), Engagement(s),for convenience only and shall accordingly.
The contract
These terms and conditions shall in all respects apply to and govern all contracts or agreements made verbally or in
writing between The Client and The Agency.
The Client declares that the information given to the Agency is correct, honest and complete. By providing data,
The Client consents to the processing of data in accordance with the Safety and Privacy Statement.
Services
In all instances we act as an employment/introduction agency.
The verbal or written registration or instruction by the Client to the Agency to submit candidates for contact or
interview shall constitute acceptance by the Client of these terms and conditions, which are non-negotiable.
The Client agrees to pay the agency a registration fee of £50+VAT (£58.75) upon registration (written or verbal).
The payment can be made via credit/debit card, BACS or cheque.
Responsibilities of the client
The Client agrees to specify their exact requirements and provide full details of the type of work, salary and period
of employment for which the candidate is required.
The Client shall be responsible for the payment of the appropriate remuneration for any candidate employed as
a result of an Introduction and shall where appropriate pay National Insurance Contributions and Income Tax as
applicable to that candidate.
The Client is responsible to provide the Candidate with an employment contract (not applicable for au-pair
placements). The agency can provide the client with an example copy of an employment contract that the Client
can use as a guide; however the Agency holds no responsibility for the content in the contract. The employment
contract is between the client and the candidate.
All communication, whether written or verbal supplied by the Agency shall be confidential. Clients transferring
information supplied by the Agency and resulting in the engagement of a candidate by a third party will be liable
to pay the full fee for that engagement and these terms and conditions shall apply accordingly.
It is the obligation of the Client to immediately inform the Agency when a Candidate is introduced by the Agency
who has already been introduced by a third party. If the Client does not so inform the Agency then it will be
presumed that the introduction has been made by the Agency and the relevant agency fee will become payable.
Similarly the Client agrees to not take on a candidate by or via a third party (other agency, website or similar) if
the candidate was introduced by the Agency first. If the Client does, the relevant agency fee will become payable.
The Client shall notify The Agency immediately a Candidate introduced or supplied by the Agency (either verbally
or in writing), is engaged by the Client. As a result of such engagement, the Client agrees to pay an introduction
fee in accordance with the Agency Scale of Fees (see below) upon confirmation of placement (verbally or in
writing). The Client shall not encourage a candidate to start/arrange travel prior to the full agency fee being paid.
Agency Fees
Exclusive Au Pairs The Client agrees that The Agency fee is payable within 7 days of the invoice date or before the candidate takes up
the employment (whichever is sooner)
The Agency reserves the right to charge the Client a 25% surcharge on all accounts not settled within 7 days and/or
before the candidate takes up the employment (whichever is sooner)
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 any outstanding Agency Fees, surcharge and interest.
The agency fee can be paid via credit/debit card, BACS or cheque. The Agency is entitled to deduct the agency fee
from the Clients debit/credit card if the payment is late.
The Agency reserves the right to advise a candidate to withdraw his or her acceptance of the employment in the
event that payment in full has not been made by the Client within 7 days of the invoice date and/or before the
start date.
The Client agrees to notify the Agency if a Candidate returns to a Client at a future date or if a temporary or part-
time engagement is extended to further hours/days. In such instances, the appropriate additional fee shall become
payable in accordance with the agency scale of fees (see below).
If a Candidate introduced by the agency is rejected (or rejects an offer of employment) by the Client, a full
introduction fee will be payable if the Candidate is subsequently employed by the Client at any time.
No refund or deduction from the Agency fee will be given if the number of weeks is subsequently reduced on
a temporary engagement. If the temporary Candidate decides to leave, the Agency will offer a replacement
Candidate if there is one available but no refund will be given. Similarly no refund or deduction will be made if an
engagement is reduced from full-time to part time or permanent to temporary.
Should the Client cancel an engagement after the confirmation has been made (either verbally or in writing) the
agency fee is still payable in full.
Guarantee and refund
Should a Candidate cancel or fail to take up a position with the Client despite confirmation, a replacement will be
found by the Agency within 4 weeks or a full refund made, less the £50 + VAT registration fee. This offer is subject
to the proviso that: (See 26 a, d, e, g)
(This paragraph excludes Au-pair placements)
Should either party (The candidate or the client) terminate the employment within the first 8-week period the
agency will endeavor to provide one free replacement within 4 weeks. If unable to provide a suitable replacement
within the 4 week period, a part refund will be made. This offer is subject to the proviso that:
a) the agency fee was paid in full no later than 7 days of the invoice date or before the candidate commenced the
employment (whichever was sooner)
b) the Client notified the Agency of the reason for the termination in writing within 3 days.
c) no discount was given to the client
d) the client provided the candidate with an employment contract/agreement and that the client has not changed
the working conditions, location, duties, hours originally agreed with the candidate, without the candidate’s prior
consent.
e) there is no material deviation in the job description from the initial requirements set out in the Registration
Form and/or the initial job spec given by the Client to the Agency.
f) there has been no mistreatment, bad behavior towards the candidate or a termination/resignation due to
unreasonable demands placed upon the Candidate by the Client. The agency’s decision will be final in this respect.
g) the Client has not made alternative arrangements during this time and/or request that no replacement be found
by the agency.
h) the client does not retain the services of a Candidate, even though the Client considers the Candidate
Any refund due
unsatisfactory. will be paid on the following scale (within 4 weeks after the 4 week replacement period has
expired:
Au-pair families are charged as follows:
a. Gold Au-pair: £850+VAT. If the client has paid £850+VAT for a gold au-pair they have a 10 month placement
guarantee (up to 3 re-placements within this period.)
b. Silver Au-pair: £650+VAT. If the client has paid £650+VAT for a silver au-pair they have a 3 month placement
guarantee (up to 2 re-placements within this period.)
c. Bronze au-pair: £550+VAT. If the client has paid £550+VAT for a bronze au-pair they will have a 1 month
placement guarantee (up to 1 re-placements within this period.)
d. Summer au-pair: £300+VAT. (If the client has paid £300+VAT for a summer au-pair they have no placement
guarantee. Summer au-pair are available between the 1st June and the 15th September only and a maximum of 3
months within this period)
e. There is an extra charge of £50+VAT for au-pairs that hold a drivers license if the client requires a driver.
f. There is also an extra charge of £50+VAT for au-pairs over the age of 21 if the client requires an au-pair over 21.
g. After a 10 month period from the 1st aupair’s start date, the agency fee will become payable again if the Client
still retain an au-pair from the Agency. The agreement/guarantee will be renewed at this point unless the Client has
taken on a new au-pair before the 10 month period. In such a case clause 27.h is applicable.
h. If a Client takes on a new au-pair within a 10 month period with the intention of having the au-pair stay past a
10 month period, the new fee becomes payable upon confirmation of this au-pair and not at the 10 month expiry
date. However the period in between will be added on to the new guarantee period, i.e 10 months plus 3 months
or similar.
If an au-pair is required to work for more than 40 hours per week and/or is earning more than £120 per week, the
placement fee will be considered and based on a mothers help fee and the client will be charged accordingly (see
scale of fee’s below). However the placement guarantee/period/terms will be as above (see 27g)
Au-pair replacements:
The agency can not guarantee that a suitable au-pair will be available for a replacement but existing clients are
always given priority and we will endeavor to find a suitable replacement ASAP. If unable to provide a suitable au-
au-pair replacement within 8 weeks and the client is unable to wait any longer, the agency will offer the client an
extended placement guarantee for a future date (no more than a 12 month extension). No refunds are given to au-
pair families.
The replacement guarantee offer/extended guarantee period is subject to the proviso that: (See paragraph 26)
Suitability and Liability
The Agency endeavors to take reasonable steps to confirm that the candidate is suitable, however it is the sole
responsibility of the Client to be satisfied as to the suitability of the Candidate and to take up any references,
confirm any qualifications provided by the agency/candidate before engaging the candidate in Employment.
The Agency does not accept responsibility/liability for any inconvenience, misconduct, loss or damage resulting
from any negligent, dishonest, malicious or other act by a candidate introduced or supplied by the Agency.
Similarly no warranty is offered in respect of the suitability, honesty, capability or character of any Candidate
introduced by the Agency and employed by the Client.
Candidates are not the employees of the Agency. The Agency does not exclude or restrict liability for death or
personal injury resulting from its negligence.
The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public
Liability insurance for domestic workers, including childcarers.
General
The agency reserves the right to refuse to represent a Client at any time
The agency reserves the right to change or add to these terms and conditions without prior notification.
Law
These terms and conditions of Business are governed by the law of England and Wales and are subject to the
exclusive jurisdiction of the courts if England and Wales.
Exclusive Au Pairs Scale of fees:
17.50% VAT WILL BE CHARGED ON TOP OF THE AMOUNT. ALL OUR CLIENTS ARE REQURIED TO PAY THE AGENCY A
£50+VAT REGISTRATION FEE BEFORE THE SEARCH CAN COMMENCE. IF THAT CHARGE WAS NOT PAID AT THE START
OF THE SEARCH IT WILL BE ADDED TO THE PLACEMENT FEE.
Please note that the permanent Mothers help and Nanny agency fee is always calculated as 52 weeks times the
weekly net salary times 15% plus VAT i.e (£400*52*15%=£3120+VAT). The annual net salary is always deemed as 52
weeks for agency fee purposes. This is regardless of whether you will use your nanny or mothers help for 52 weeks,
more or less.
Au-pair:
Gold au-pair:
£850 (10 month guarantee)
Silver au-pair:
£650 (3 month guarantee)
Bronze au-pair:
£550 (1 month guarantee)
Summer au-pairs:
£300 (no guarantee)
Summer au-pairs are only available 1st June-15th Sep
(max 3 months)
Extra Au-pair Charges:
Driver (if required by family) £50
Au-pairs aged 21+ (if required by family) £50
Temporary Nannies and mothers helps:
£85 per week (UK)
£100 per week (overseas)
Maternity nurses:
£100 per week (UK)
£125 per week (overseas)
1 temporary or maternity week is considered 5 days.
Any additional days will be charged pro rata.
Permanent Nannies & mothers help:
Full-time or part time, live-in or live out:
15% of net annual salary
Baby sitters:
TBC upon application.
Overseas Permanent Placements:
All types of candidates: 25% of the annual net salary
The agency has a minimum charge of £150
The payments can be made via credit/debit card
(additional 2.7-3.5% charge for credit cards),
BACS or cheque.
The agency will require payment upon receipt of the invoice. The agency will invoice the client when an
agreement is confirmed (in writing or verbally) and not when the candidate takes up the position.
