Terms and Conditions for Clients
Educated Households
"Providing educated nannies, tutors, butlers & much more..."
"Placing educated personnel within VIP homes & Royal Palaces worldwide"
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Educated Households
PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES
Please, read our Terms and Conditions carefully before using our Services.
The Client agrees and understands that theseTerms and Conditions are a legally binding contract between:
Educated Households, a company based in England and Wales whose registered office is at 65 – 69 Lots Road, Chelsea, London, SW10 0RN, United Kingdom (the “Agency”).
AND
The Client or the Client’s Agent / Client’s Representative of Educated Households (the “Client”).
By visiting or using the Agency’s Website or otherwise using the Services, the Client agrees to be bound by these Terms and Conditions.
Educated Households’ Terms and Conditions supersede any previous Agreement put forward by the Client unless otherwise stated, in writing, by Educated Households.
Under these Terms and Conditions, the Client agrees that if he/she were to hire a Candidate or an Applicant introduced by Educated Households, the Client shall pay an Introduction Fee to the Agency. This Applicant shall solely be employed by the Client and not employed by the Agency.
The final decision to employ an Applicant lies with the Client, in accordance with all employment laws, tax and fiscal legislation, applicable in the countries where the employment is held.
It is now agreed as follows:
1. Definitions
In this Agreement, the following words shall have the following meanings, on the Agency’s website and on the Agency’s literature, unless the context requires otherwise:
“Agreement”
These Terms and Conditions together with the Schedules (Schedule 1 & Schedule 2), the Client’s Instructions, the instructions issued by the Client’s Representative or by the Client’s Agent.
“Applicant”
Means a person such as a Candidate introduced by the Agency to the Client to be considered for the Engagement.
“Confidential Information”
Means all information about Applicants, all information about the Agency, including any information which may give a commercially competitive advantage to any other person. It includes among other things:
– information about staff, their performance and their personal contact information,
– information, comment or implication published on any Internet social medium.
“Engagement”
Means any contract or arrangement whatever, whether or not in writing, whereby an Applicant undertakes work of any sort for the Client or under the Client’s instructions.
“Hirer”
Means a person or a corporate entity to whom a Candidate is introduced to in order to be considered for the Engagement.
“Services”
Means the introduction service whereby a Client is introduced to one or more Applicants to work for the Client as a housekeeper, nanny, governess, tutor, butler, house manager, estate manager, palace manager, personal assistant, executive assistant, executive chef or any household staff.
“Website”
Means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by the Agency.
2. The Client’s Agent and the Client’s Representative
2.1 Whenever any Third Party such as the Client’s Representative or the Client’s Agent acts on behalf of the Client, such as and not limited to a PA, an EA, an office manager, a chief of staff, a member of a Family Office or a family member, under Educated Households’ Terms and Conditions, it is deemed that:
2.1.1 The Third Party warrants that he/she has all necessary authority to instruct the Agency on behalf of the Client.
2.1.2 This Third Party pledges to have received official authority when it comes to instructing Educated Households, de facto binding the Client to Educated Households’ Terms and Conditions.
2.1.3 Any Applicant and household staff that get introduced by the Agency to a Third Party acting on behalf of the Client shall be deemed to have been introduced to the Client.
2.1.4 The Client’s Representative or the Client’s Agent acting on behalf of the Client shall be liable for any inaccurate information, any acts or any omissions, as if the Client were directly instructing Educated Households.
3. Interpretation
In this Agreement unless the context clearly requires otherwise:
3.1 A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
3.2 A reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
3.3 If any party to this Agreement comprises more than one person, all obligations of that party shall be construed as joint and several.
3.4 A reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
3.5 A reference to a “Month” means a calendar month, and “Week” means any seven consecutive days.
3.6 Any Agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
3.7 The headings to the paragraphs and schedules to this Agreement are inserted for convenience only and do not affect the interpretation.
3.8 A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
3.9 This Agreement is made only in the English language. If there is any conflict in meaning between the English language version of this Agreement and any version or translation of this Agreement in any other language, the English language version shall prevail. If a version of this Agreement has been supplied to the Client in some language other than English, that is a courtesy only and that translated version is of no legal effect.
4. Relationship of the Parties
4.1 Nothing in this Agreement shall create a partnership or agency or the relationship of employer and employee, or other relationship between any of the parties, other than the contractual relationship expressly provided for in this Agreement.
4.2 Neither party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf, except the services the Terms of which are agreed in this Agreement.
4.3 The Agency warrants that it has all necessary authority to perform its obligations set out in this Agreement.
5. Entire Agreement
5.1 This Agreement, together with its Schedules (Schedule 1 & Schedule 2), contains the entire Agreement between the parties and supersedes all previous agreements and understandings between the parties.
5.2 Each party acknowledges that, in entering into this Agreement, it does not rely on any representation, warranty, information or document or other term not forming part of this Agreement.
6. Basis of the Contract
6.1 This document contains the Terms and Conditions under which the Agency will provide Services to any Client.
6.2 Educated Households (“The Agency”) is an employment agency: an intermediary which introduces Applicants to prospective Clients and vice versa. The Agency introduces Applicants for direct Engagement by these Clients. The Agency has no part, contractual or otherwise, in any arrangement between the Client and the Applicant.
6.3 In order for the Agency to start the selection of suitable Applicants further to the Hirer’s instructions, the Client is requested to provide the Agency with a copy of his/her passport as a proof of identity and a household bill as a proof of address, as a prerequisite to any search being carried out by the Agency and prior to any Applicant being interviewed by the Client by way of an introduction.
6.4 Under the Agency’s Terms and Conditions, the Client understands that he/she or the Client’s Representative or the Client’s Agent is requested to provide the Agency with a job description or a job specification that is accurate, complete and true.
6.5 Under this Agreement, the Client understands that the Agency shall act on the Client’s behalf to seek suitable Applicants.
6.6 These Terms and Conditions become a binding, contractual Agreement when the Agency receives any of the following for an Introduction Service: the Client’s instructions, instructions from the Client’s Representative, or instructions from the Client’s Agent on behalf of the Client.
6.7 The contract between the parties comes into existence only when the Client completes the Agency’s Registration Form and when the Agency confirms in writing that it is willing to provide to the Client the Service that the Client wants. (If the Agency declines to provide a Service, the Agency shall immediately return any money paid on account.)
6.8 The Agency is under no obligation to accept a Hirer as its Client or to present Applicants to the Client. The Agency will exercise its own judgement at its own discretion not to introduce Applicants to the Client.
6.9 The Client acknowledges that he/she understands exactly what is included in the Agency’s Services and the Client is satisfied that the Services are suitable and satisfactory for his/her requirement.
6.10 The Agency may change the Terms of this Agreement and / or the way it provides the Services, at any time. If it does so:
6.10.1 The change will take effect when the Agency posts the changed Terms on its Website.
6.10.2 The parties will continue to be bound by the Terms of this Agreement in respect of all work contracted before the change.
6.10.3 Any new instruction by the Client will be subject to the new Terms.
6.10.4 The Agency is under no obligation to inform the Client of any such change.
6.11 The Client agrees that the description of work to be carried out by Applicants/Candidates and other information that the Client has provided, or at any future time will provide, to the Agency is true, complete and accurate.
6.12 The Client agrees that for the purpose of providing the Services, the Agency can use any medium to find a suitable Applicant or to advertise vacancies.
6.13 The Agency may assign or transfer the benefit of this Agreement.
6.14 Nothing in this contract shall prevent the Agency from entering into a similar contract with any other person.
6.15 Under this Agreement, the Client agrees not to enter into any relationship with the Applicant that may be detrimental to the interest of the Agency. The Client agrees not to bypass the Agency’s Placement Fee if the Agency introduces an Applicant that the Client wants to hire.
6.16 Should a Client choose to hire an Applicant introduced by the Agency, the Client shall be liable to pay the Agency’s Placement Fee. Under these circumstances and in line with this Agreement, any Client failing to inform the Agency of the Engagement of an Applicant introduced by the Agency will incur a penalty; the Client shall then be liable to pay the Agency a 30 % penalty on top of the full Agency’s Placement Fee.
7. Fee and payment for Introductions
7.1 The Client acknowledges and understands that Educated Households is an Agency placing Applicants / Candidates for permanent Engagement on a full-time basis.
7.2 A full-time Engagement means 35 hours per week or more than 35 hours per week.
7.3 It is the Client’s responsibility to take the final decision to hire an Applicant in line with all employment laws and tax legislation in place in the country where the employment takes place.
7.4 The Client agrees to pay for the Services (Placement Fees) of the Agency at the rates set out on Schedule 1 and on the Agency’s Website as per the Agency’s Terms and Conditions for Clients (https://educated-households.co.uk/terms-conditions/).
7.5 All money sums mentioned in this Agreement are calculated on a percentage of the Candidate’s annual salary, which will be charged when payment of the Agency’s Placement Fee is due.
7.6 All Placement Fees are stated with no VAT being charged for the Services.
7.7 For permanent Placements within the U.K., the Agency’s Placement Fee is 20% of the gross annual salary of the Applicant based on the first 12 months of the Applicant’s offered remuneration.
7.8 For permanent Placements outside the U.K., the Agency’s Placement Fee is 25% of the gross annual salary of the Applicant based on the first 12 months of the Applicant’s offered remuneration.
7.9 The Client understands and agrees that any acceptance of the Offer by the Applicant or the acceptance of the Counter-Offer by the Client becomes effective once confirmed by the Client including but not limited to in writing, verbally, by email or any electronic form, by postal letter, by WhatsApp, via any digital platform or through any social media.
7.10 The Placement Fee is payable by the Client to the Agency as soon as the Client makes an Offer to the Applicant that gets introduced by the Agency, and the Applicant accepts this Offer or when the Applicant makes a Counter-Offer which is accepted by the Client. Should the Applicant accept the salary offered by the Client or should the Client accept the remuneration stated in the Counter-Offer, the Placement Fee shall be calculated on whatever amount is the higher, as a percentage of the Applicant’s annual salary.
7.11 As soon as the Client enters into any Engagement, the full amount of the Placement Fee is payable to the Agency (whether demanded or not). This applies even if the Client has not notified the Agency of the Engagement.
7.12 Payment of the Placement Fee is due by the Client within 14 (fourteen) days of the date of any invoice issued by the Agency. The Client shall settle the invoice in full prior to the Applicant’s starting his/her employment with the Client or prior to the departure of the Applicant if the Engagement is based overseas.
7.13 Time is of the essence. The employee will only take up employment with the Hirer once the Client’s Placement Fee has been received in full by the Agency.
7.14 Any late payment of the Placement Fee will incur a surcharge of 30%, on top of the full Placement Fee payable by the Client, for any invoice not settled by the Client within 14 days of the invoice.
7.15 Any outstanding Placement Fee owed to the Agency which is not settled by the Client, within 30 days of the issuance of the invoice, will be passed on the Debt Collector. All additional fees incurred to retrieve the Agency’s Placement Fee will be passed onto the Client.
7.16 Payment for the Placement Fee shall be made by the Client to the Agency by bank transfer in GBP. The Client is responsible and liable for any fees and bank charges that may be incurred when it comes to any bank transfer. The Client shall not pass any incurred bank charges onto the Agency; these bank charges and any bank fees shall be paid for by the Client when settling the invoice for the Placement Fee.
7.17 The Applicant who got introduced by the Agency will not start employment with the Client if the Agency’s Placement Fee does not get paid by the Client in line with Educated Households’ Terms and Conditions. Should any Client fail to inform the Agency that the Applicant that had gotten introduced to the Client by the Agency started employment with the Client, the Client shall be fully liable for bypassing the Agency’s Placement Fee. The Client shall then have to pay the Agency’s Placement Fee in full with a surcharge of 50% to be applied on top of the Agency’s Placement Fee that is still outstanding.
7.18 If the Client directly approaches and solicits the Applicant to hire the Applicant, once the Applicant had already been introduced to the Client by the Agency, the Client shall pay a full Placement Fee.
7.19 If an Applicant leaves the Client’s employment within two weeks of Engagement, the Agency will refund payment for each full week not worked. This provision is conditional on the Client having complied fully with this Agreement.
7.20 There shall be no re-imbursement or credit if the Agency decides in its absolute discretion that the Client has failed to comply with any of the terms of this Agreement.
8. Interest
The Agency reserves the right to charge the Client interest in respect of the late payment of any money due under this Agreement (both before and after judgment) at the rate of five per cent above the base rate from time to time of the Bank of England from the due date until receipt of payment.
9. Obligations of the Agency
9.1 The Agency shall not be under any obligation to fill the vacancy that the Client seeks to fill.
9.2 The Agency agrees to make every reasonable effort, within an appropriate timescale, to introduce suitable Applicants who closely meet the requirements of the Client.
9.3 The Agency will check whether Applicants are willing to be put forward to the vacancy that that Client wants to get filled.
9.4 Clients generally instruct Educated Households as to the supplying of their private/HNW/UHNW/VIP/VVIP/Royal Households as these Clients do not want to compromise on education and seek supremely educated personnel and inspirational figures to surround their children by. The Client seeking exceptional and one-of-the-kind Applicants understands and agrees that such educated individuals have qualified from the most prestigious establishments worldwide, therefore the salary offered by the Client does factor in these top-of-crust academic credentials. Should the salary offered by the Client be below market, the Agency shall not warrant that the Applicant would wish to be put forward for that vacancy therein.
9.5 Should the Client offer an unrealistic salary featuring unlawful working hours and precarious conditions, the Agency shall not be liable for the Applicant turning down the Client’s Engagement offer.
9.6 In the course of finding, attracting and assessing suitable Applicants, the Agency will, so far as possible and relevant:
9.6.1 For each Applicant: obtain confirmation of his/her identity, experience, training, qualifications and any authorisation which may be required by law or any professional body;
9.6.2 Require each Applicant to update his/her certifications or membership of any professional body and provide copies to the Client;
9.6.3 Inform the Client, if it becomes aware of any fact which makes the Applicant unsuitable or otherwise disqualify to work for the Client. The Agency’s obligation to do so extends to a period of three months after Engagement.
9.7 The Client is liable to provide the Applicant with a contract of employment before starting the Engagement. The Agency shall keep a copy of the contract of employment on file issued by the Client; the contract of employment sets out the responsibilities and rights between the Client and the Applicant as to the Engagement.
9.8 The responsibility of employing an Applicant solely rests with the Client.
10. Responsibilities of the Client
10.1 The Client shall abide by all the clauses set out in the Agency’s Terms and Conditions.
10.2 The Client and the Agency shall not discriminate against Applicants and shall abide by the provisions of the Equality Act 2010, be it when it comes to selecting Applicants for a Client’s initial vacancy or providing the Client with a replacement Applicant. Should the Client reject an Applicant for an initial vacancy or as a Replacement Applicant, the Client’s refusal of the Applicant shall have to be legitimate and lawful. The Agency shall decline any Client’s illegitimate and unlawful grounds thereof. Please, see details on Schedule 1.
10.3 The Client agrees to satisfy himself/herself as to the suitability of an Applicant generally and in particular to:
10.3.1 Not discriminate against any Applicant on the basis of information relating to his/her racial or ethnic origin, philosophical or religious beliefs, membership of a trade union, gender, marital status, etc.;
10.3.2 Immediately inform Educated Households, should there be any situations detrimental to the Applicant’s interests or to the Agency’s interests;
10.3.3 Should the Client want to invite Applicants for interviews, the Client and the Applicant shall discuss any expenses prior to the Applicant attending a meeting with the Client. Any reasonable travelling expense shall have to be discussed and agreed upon between the Client and the Applicant beforehand. The Client shall pay for any necessary travel expense. The Agency shall not be liable for the Applicant’s travelling expenses, should the Applicant be requested to meet the Client for interviewing;
10.3.4 Notify the Agency immediately if an Engagement Offer is accepted by the Applicant or if a Counter-Offer is accepted by the Client in order for the Client to pay the Placement Fee, which becomes due either upon such Engagement, when the Applicant accepts the Job Offer or when the Client accepts a Counter-Offer, – whatever is sooner -;
10.3.5 Understand and agree that the Placement Fee is for one placement only;
10.3.6 If the Client decides to Engage the Applicant, the Client shall immediately inform the Agency. The Client shall provide the Applicant with a contract of employment prior to the Applicant starting employment, mentioning the following including and not limited to: the start date of the Engagement, any probation period, the end date of the Engagement, the whole length of the Engagement, the gross annual remuneration, any health & safety risks, if applicable details of the accommodation respecting all modern regulatory sanitary standards, any bonus, any end-of-year service allowance, any gratuity, any holiday entitlement, any paid for flights, mentioning whether the Engagement is permanent or temporary, and providing the Applicant with monthly pay slips;
10.3.7 The Client who wants to offer an Engagement to an Applicant must provide Educated Households (the Agency) with a copy of the contract of employment between the Client and the Applicant, signed by the Client and the Applicant, prior to the Applicant starting employment with the Client;
10.3.8 Inform the Agency if an Applicant introduced by the Agency has already been introduced by a third party. If the Client fails to inform the Agency and Engagement ensues, the Client shall pay the full Placement Fee to Educated Households (The Agency);
10.3.9 Check the documents as a proof of the Applicant’s identity, his/her right to work and any other written statement which may be required by law or any professional body;
10.3.10 Take up references, including the confirmation of any professional, academic or other qualifications;
10.3.11 Ensure that the Applicant is capable of operating any equipment and/or machinery to the necessary level, including driving vehicles if applicable;
10.3.12 Obtain any necessary medical certificate about the Applicant’s health and the Applicant’s medical history when and where necessary;
10.3.13 The Client shall not expose the Applicant to any hazardous and unsafe conditions. If there are any risks to the health and safety of the Applicant, the Client shall state those risks and the measures that the Client has put in place to assess, prevent and control those risks. The Client shall take out any relevant insurance premiums to cover any risks to the Applicant’s health and safety;
10.3.14 Obtain any visa or permit necessary to enable the Applicant to accept the Engagement;
10.3.15 Understand and agree that the Agency shall not be liable to the Client nor to the Applicant if the Applicant is denied access to any country or if the Applicant is denied any visa or any permit. Under the Agency’s Terms and Conditions, under no circumstances will a Client be refunded the Placement Fee, nor in full nor partially, should the Applicant be denied access to any country, to any visa or to any permit;
10.3.16 Comply with the UK employment and tax law if applicable, or comply with the employment and tax law in the country/countries where the work of the Applicant is carried out, including, among others and not limited to: provision of a contract of employment, pay slips, correct deductions for tax and national insurance if applicable, as well as any pension contributions and bonuses if applicable;
10.3.17 The Client is solely responsible with providing the Applicant with a contract of Employment in line with all employment laws and legislation applicable in any country where the work is carried out by the Applicant. The Agency shall not be liable to the Client for any contract of employment provided or not provided by the Client to the Applicant;
10.3.18 Inform the Agency immediately, in writing, in the event of serious dissatisfaction with performance or conduct of the Applicant.
10.4 If the Client Engages the Applicant, the Client shall have to pay the Agency’s Placement Fee within 14 days from the date of the invoice. Any Client not settling the invoice for a Placement will incur a 30% penalty on top of the Placement Fee that is already outstanding. Invoices not settled within 30 days will be passed onto the Debt collector;
10.5 If the Engagement prematurely ceases, the Client must notify the Agency within 7 days of the end of the Engagement or within 7 days or the notice period (whichever is sooner), and the Client must mention the reasons for an early dismissal.
11. Safety and Insurance
11.1 The Client warrants that he/she:
11.1.1 Holds and will maintain appropriate insurances and in particular, occupier’s liability insurance, against risks of events which could reasonably be expected to cause injury, loss or damage to the Applicant;
11.1.2 Will provide a safe place of work wherever the Applicant may need to work;
11.1.3 Will ensure that the place of work is clean and hygienic and complies with appropriate health and safety laws;
11.1.4 Has made arrangements with relevant third parties, statutory authorities and any other relevant authority, for permissions, licences and the like, for the work to be undertaken by the Applicant.
12. Refund Policy
12.1 To be entitled to a refund, the Client shall not be in breach of any clauses of the Agency’s Terms and Conditions.
12.2 The Client must have paid, in full, the Placement Fee to the Agency, within 14 days of the invoice being issued by the Agency to be considered for a refund.
12.3 The Applicant must have initially been engaged on a permanent basis, for less than 12 months, when the claim for a refund is made by the Client. After 3 months of employment (12 weeks), no refund shall be applicable to the Client.
12.4 If the Engagement prematurely ceases, the Client must notify the Agency within 7 days of the end of the Engagement or within 7 days or the notice period (whichever is sooner), and the Client must mention the reasons for an early dismissal, and this, no later than 3 months since the Applicant’s starting the Engagement.
12. 5 The Applicant must not have left the Engagement due to the Terms of the contract of employment having substantially changed by the Client, such as the amount of the Applicant’s salary, the amount of contracted hours or due to the breach by the Client of any other clauses stated on the Applicant’s contract of employment. In such cases, the Agency shall not be liable for the Applicant turning down this amended offer made by the Client and any outstanding Placement Fee shall still have to be paid by the Client.
12.6 The Client warrants that he/she has paid the Applicant the full agreed salary monthly.
12.7 The Client warrants that he/she has paid the Applicant on time by the agreed method.
12.8 The Client warrants that he/she has provided the Applicant with his/her entitled days off.
12.9 The Applicant must not have been subjected to discrimination, mistreatment, aggressive behaviour or any reprehensible acts by the Client either physically or verbally, by any member of the Client’s family, by any member of staff, by any Client’s Representative, by any Client’s Agent, by any Client’s guest or by any other third party linked to the Client.
12.10 Under no circumstances shall the Agency be held liable for any non-compliant Clients.
12.11 Under Educated Households’ Terms and Conditions, under no circumstances will the Agency be responsible for any delay, loss, damage, clash or personalities that may occur between the Hirer (the Employer), the Client’s Representative, the Client’s family and the introduced Applicant which may materialise in the end of the Engagement at the initiative of the Client or the Applicant’s, and vice versa.
13. Replacement Applicant
13.1 These provisions apply in the event that an Engagement is terminated, whether by the Client or Applicant, before completion of four weeks’ work.
13.2 The Agency does not provide a replacement Applicant unless the Client fulfils the following conditions:
13.2.1 The Client has informed the Agency, in writing, seven days of the termination;
13.2.2 The Client has paid the Placement Fee in full and in accordance with these terms;
13.2.3 The requirements of the position according to the information provided to the Agency have not changed, including the working conditions, the job description, the job specification and the location;
13.2.4 The Client is not in breach of any UK employment law, not in breach of any employment law in the country where the work is carried out by the Applicant and or not in breach of the contract with the Applicant;
13.2.4 The Client does not retain the services of that Applicant in any capacity.
13.5 If the Agency agrees that the Client has fulfilled the conditions set out in last previous sub paragraph, then the Agency shall provide a replacement Applicant in following terms:
13.5.1 The Client shall make no further payment to the Agency;
13.5.2 The Agency shall introduce one replacement Applicant;
13.5.3 The provisions of this paragraph shall be limited to a single replacement event.
13.6 If the Agency fails to find a suitable Applicant or is for any other reason unable to provide a replacement Applicant, the Agency may in its sole discretion refund a proportion of its Fee at the rate set out on Schedule 1.
14. Confidentiality
14.1 In this paragraph, “Damage” means both economic loss, loss of, or damage to, reputation, or professional standing.
14.2 Each party to this contract now undertakes for the benefit of the other that it will:
14.2.1 Not divulge to any person whatever or otherwise make use of any Confidential Information relating to the other, which it learns as a result of this contract or any circumstance flowing from the contract;
14.2.2 Not post any text, nor image, nor audio-visual material, on any social network or other public place which could be hurtful, embarrassing or damaging to the other party;
14.2.3 Not store, copy, or use the Confidential Information in any place or in any electronic form which may be accessible to any other person;
14.2.4 The parties agree that any Damage arising directly or indirectly, foreseeable or not from a breach of the above provisions must be compensated on the basis of the effect on the damaged party.
The Client accepts personal liability for compliance with these provisions by his/her children of any age, other members of his family and domestic staff.
15. Disclaimers and limitation of liability
15.1 This paragraph applies so far as the applicable law allows and states the entire liability of the Agency in contract and in tort.
15.2 All implied conditions, warranties and terms are excluded from this Agreement so far as the law allows.
15.3 In providing the Services, the Agency is committed to maintain a high level of service and efficiency. However, the Service is dependent upon the accuracy of information provided by the Client and the Applicant. That is beyond the control of the Agency.
15.4 The decision to Engage an Applicant is in the sole discretion of the Client. The Agency does not accept responsibility and is not liable for any loss.
15.5 Particulars of Applicants, their profiles and other information provided by the Agency are prepared in good faith and solely for the Client’s guidance.
15.6 The Agency shall not be liable to the Client for any loss or expense which is:
15.6.1 Indirect or consequential loss; or
15.6.2 Economic loss or other loss of turnover, profits, business or good will; or
15.6.3 Loss or damage suffered by the Client as a result of an action brought by third party.
15.6.4 Loss or damage caused during the Engagement of the Applicant or any act, omission or negligence of such Applicant. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
15.7 Except in the case of fraud, or the death or personal injury of some person, the maximum limit of the liability of the Agency to the Client, whether in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of £ 1,000.
15.8 This paragraph (and any other paragraph which excludes or restricts the liability of the Agency) applies to the Agency’s directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to Agency itself.
16. Termination
16.1The Agency shall continue to provide Services until terminated:
16.1.1 By Engagement of an Applicant by the Client;
16.1.2 By one party giving 14 days’ notice of termination to the other; or
16.1.3 Immediately by the Agency if the Client fails to pay any sum due within 14 days of the date of submission of an invoice having been notified of non-payment by the Agency.
16.2 The termination of this Agreement by this paragraph shall be without prejudice to any other right or remedy to which a party may be entitled.
16.3 Notwithstanding termination of this Agreement for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.
17. Data Protection Act 2018 Compliance
To satisfy their legal obligations, each of the Agency and the Client agrees that it they will comply with the provisions of Schedule 2 (Please, read the Agency’s Privacy Policy by clicking here: Privacy Policy). Those obligations shall continue to apply after expiry or termination of this Agreement for any reason.
18. Miscellaneous Matters
18.1 So far as any time, date or period is mentioned in this Agreement, time shall be of the essence.
18.2 If any term or provision of this Agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.3 Any obligation in this Agreement intended to continue to have effect after termination or completion shall so continue.
18.4 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.5 Neither party shall be liable for any failure or delay in performance of this Agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
18.6 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
18.7 It shall be deemed to have been delivered: |
18.7.1 if delivered by hand: on the day of delivery; |
18.7.2 if sent by post to the correct address: within 72 hours of posting; |
18.7.3 If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. 18.8 In the event of a dispute between the parties to this Agreement, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 18.9 This Agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this Agreement which excludes or restricts the liability of any person, may be enforced under that Act. 18.10 In the event of any conflict between any term of this Agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this Agreement shall prevail. 18.11 The validity, construction and performance of this Agreement shall be governed by the laws of England and Wales and the parties agree that any dispute arising from it shall be litigated only in under the jurisdiction of England and Wales.
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www.educated-households.co.uk
Educated Households acts as an introduction Agency & as a headhunting firm only placing Applicants for PERMANENT Employment (on a long-term basis: one year & +). Educated Households does NOT place Applicants for part-time or short-term roles.
The Client must read, understand and agree with the entirety of the Agency’s Terms and Conditions (Terms and Conditions, Schedule 1 & Schedule 2) before instructing the Agency with the Client’s Search.
20 % of the Candidate’s gross annual salary.
25 % of the Candidate’s gross annual salary.
The Agency’s Fees are non-negotiable & payable by Bank Transfer.
Agency’s Fees are payable once Engagement has been accepted by the Candidate (no later from 14 days of the invoice).
Agency’s Fee are payable before the departure of the Candidate travelling overseas.
Candidates will take up Employment once Clients pay the Agency’s Fees in full.
Registration Form – The Client’s Specifications/The Client’s Instructions
Upon instructing the Agency, the Client shall be very specific regarding his/her search. The Client shall indicate his/her precise requirements for the Applicant that the Client is seeking on the Registration Form by supplying the Agency with a job description, a job specification, the certificates & degrees requested, the country where the Engagement will be based/held, the tasks to be covered by the Applicant, the length of the Engagement, salary, the accommodation offered if any, any perk, any fringe benefit and any other work-related considerations.
Passport Copy & Household Bill
Any Client or Client’s Representative instructing the Agency with his/her search for household personnel shall have to provide the Agency with a copy the Client’s passport copy as a proof of identity and a Client’s household bill as a proof of address upon registering with the Agency.
Any Client’s Representative will have to receive official approval from the Client in order to instruct the Agency on behalf of the Client.
Unlawful Grounds – Equality Act (2010)
At Educated Households, we promote diversity and inclusion in terms of age, race and gender. The Equality Act (2010) reinforces this ethos and a discriminatory-free environment. When it comes to the Client’s Instructions and to the Client’s search for any household staff through our Agency, any Client’s request that we deem unlawful, unreasonable and discriminatory will not be factored in as valid criteria as to the Client’s search.
Agency’s Fees
Agency’s Fees are stated exclusive of VAT. The Client shall pay for the Agency’s Fee by bank transfer and for any related bank charges incurred for any bank transfer. The currency used for any transaction: U.K. pounds Sterling.
Applicants shall not start Employment unless the Client settles the Agency’s Fee in full.
Offer of Engagement & Counter-Offer of Engagement
The Client shall be liable for the payment of the Agency’s Fee upon the Candidate accepting the Offer of Engagement made by the Client or when the Client accepts the Counter-Offer put forward by the Candidate, – whatever amount is is the higher -.
Calculation of the Agency’s Placement Fee
The basis for the calculation of the Agency’s Fee shall be the highest amount indicated on the Job Offer or on the Counter-Offer, – whatever is the higher -.
Contract of Employment issued by the Client/the Hirer
It is the responsibilty of the Client to provide the Candidate with a Contract of Employment abiding by all employment laws and applicable legislation. The Client is the Employer of the Candidate, not the Agency, as the Agency is an introduction entity only. The Employer/the Client shall provide a Contract of Employment to the Applicant prior to the Candidate starting his/her Engagement or prior to the Applicant travelling to start his/her Employment overseas if the role is based abroad.
The Client/The Employer will be liable for the Applicant’s Engagement, not the Agency, as the Agency acts as an Introduction Agency.
Signing the Contract of Employment
Both the Applicant and the Client/the Employer shall have to sign the Contract of Employment.
It is the responsibility of the Client to provide the Agency with a copy of the signed Contract of Employment before the Applicant starts his/her Employment. The Agency will keep this Contract of Employment on file.
The Client – Sole Employer
The Agency’s Introductions are strictly confidential and the Client should not pass the Applicant’s confidential information onto any Third Party. If the Applicant accepts the Client’s Offer of Engagement or if the Client accepts the Applicant’s Counter-Offer, the Client shall be the Applicant’s sole Employer.
Travel expenses – Interviewing
The Client may request the Applicant to meet with the Client for interviewing on a face-to-face basis in the U.K. or overseas. Depending on the mileage, the Client may cover costs related to travelling. In such as case, this would have to be discussed between the Client and the Candidate, beforehand, before proceeding. The Agency is not liable for any travelling costs incurred.
30% surcharge – Invoices not settled after 14 days of the invoice date
Once the Candidate accepts an Engagement Offer made by the Client or when the Candidate accepts a Counter-Offer made by the Client, – whatever is the sooner -, the Agency shall issue an invoice.
The Agency’s Fee is payable no later than 14 days of the invoice date.
50% surcharge – Debt Collector (plus any related charges)
Agency’s Fees shall be settled as per the Agency’s Terms and Conditions. Any invoice not settled within 30 days of the issuance of the invoice shall be passed onto the Debt Collector.
50% surcharge – Bypassing the Agency’s Fee
It is the responsibility of the Client to promptly inform the Agency, in writing, should the Client want to hire an Applicant that got introduced to the Client by the Agency. As per the Agency’s Terms and Conditions, the Client shall have to pay the Agency a 50% surcharge Fee, on top of the Agency’s full Placement Fee (based on 52 weeks), if the Client fails to inform the Agency that the Applicant now works for the Client. Then, the client shall be liable to pay the Agency’s Fee to the Agency together with the 50% surcharge within 5 days of receiving the Agency’s nvoice.
50% surcharge – Confidentiality Breach/Third Party
The details of Introductions made by the Agency are strictly confidential. The Client shall not divulge the Applicant’s confidential information to any Third Party. Any violation of any of the particulars of the Applicant’s confidentiality by the Client or by the Client’s Representative, resulting in the Applicant being employed by a Third Party, will expose the Client to the full payment of the Agency’s Fee in addition to a 50% surcharge.
Offer of Engagement withdrawn by the Client – prior to the Applicant’s acceptance of the Engagement
In the event that the Client withdraws an Engagement Offer before the Applicant accepts the Client’s Offer of Engagement, the Client shall be liable to pay the Agency a Fee amounting to 30% of the Agency’s Fee calculated on what would have been the Applicant’s annual gross remuneration, had the Applicant been employed by the Client.
Offer of Engagement cancelled by the Client – after the Applicant’s acceptance of the Engagement
In the event that the Client cancels an Engagement Offer after the Applicant accepts the Client’s Offer of Engagement, the Client shall be liable to pay the Agency a Fee amounting to 50% of the Agency’s Fee calculated on what would have been the Applicant’s annual gross remuneration, had the Applicant been employed by the Client.
Engagement cancelled by the Client – Applicant’s Compensation
In the event that the Client cancels a confirmed booking that had been agreed upon between the Applicant and the Client, prior to the Applicant’s starting Employment, the Client agrees to pay the Applicant one week’s salary to compensate him/her for the loss of earnings.
Engagement terminated by the Client – within the first 4 weeks
Under the Agency’s Terms and Conditions, the Agency’s Fees are non-refundable.
Provided that the Client terminates the Applicant’s Engagement, within the first 4 weeks of Employment, it is the Client’s responsibility to notify the Agency in writing, within 7 days, that the Applicant’s Engagement has ceased.
If the Client is not in breach of the Agency’s Terms and Conditions, the Client shall be entitled to a Replacement Applicant only, free of charge. The Agency shall be obligated to submit up to 3 profiles of Applicants to the Client. The Agency shall base its search on the job description or job specification submitted by the Client upon registration, on his/her Registration Form. After 8 weeks of the Client’s notification date, the Agency will not be obligated to supply a Replacement Applicant or provide the Client with a refund.
Engagement terminated by the Applicant – within the first 8 weeks
Under the Agency’s Terms and Conditions, the Agency’s Fees are non-refundable.
If the Applicant terminates the Applicant’s Engagement, within the first 8 weeks of Employment, it is the Client’s responsibility to notify the Agency in writing, within 7 days, that the Applicant’s Engagement has ceased.
Provided that the Client is not in breach of the Agency’s Terms and Conditions, the Client shall be entitled to a Replacement Applicant only, free of charge. The Agency shall be obligated to submit 3 profiles of Applicants to the Client. The Agency shall base its search on the job description or job specification submitted by the Client upon registration, on his/her Registration Form. After 2 months of the Client’s notification date, the Agency will not be obligated to supply a Replacement Applicant or provide the Client with a refund.
Free Replacement Applicant Search – End
In the event of a Client prematurely terminating an Applicant’s Engagement and further to an Applicant terminating a Client’s Engagement, the Agency’s free Replacement Search shall cease as per the clauses set forth on the Agency’s Terms and conditions and Schedules. All conditions shall apply.
Please, fill out the form below to proceed with instructing the Agency with your search for household staff.
I, the undersigned, declare to have read and understood Educated Households’ Terms and Conditions
Signed by (the Director on behalf of) the Agency:
Date: