Conditions of Contractual Engagement
Bilingual Nannies Agency (the Agency) acts as an agent to introduce candidates for the post of a nanny (the Candidate) to families (the Client).
Bilingual Nannies Agency acts as a recruitment, placement agency for clients looking to hire a nanny. The agency does not employ any candidate directly or indirectly.The Client acknowledges and agrees that the Candidate, once accepted by the Client, is employed by the Client and not by the Provider. The Provider acts as an advisor to provide advice or recommendations; the final decision on recruitment rests with the Client.
The candidate is introduced to the client with the understanding that she/he will be employed by the client directly.
In order to meet the Client's needs, the Provider will provide the following services:
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Analysis of the position with the Client and joint definition of the profile of the personnel to be recruited, using the application form,
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Search for appropriate candidates,
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Individual interviews with the candidates and analysis of the files and documents,
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Verification of the references provided by the candidates,
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Introduction of the selected candidates to the Client, after analysis of the files and consultation with the Client
The services of Bilingual Nannies Agency do not include the preparation, drafting or negotiation of the employment contract concluded between the Client and the selected candidate, nor the administrative follow-up of this relationship (declaration to the competent bodies, preparation of payslips, etc.). The Provider can offer a template for an employment contract, which the Client may use as a guide. Any information that may be given by the Provider on these elements shall be verified by the Client and shall in no way engage the responsibility of Bilingual Nannies Agency.
The Provider undertakes to carefully check the reliability and references of each candidate. However, as a service provider, the Provider cannot be held responsible for the actions of candidates once they are working.
While the Provider endeavors to introduce suitable candidates, it can not guarantee that all the information regarding the candidate is accurate, and does not accept liability for any misrepresentation or dishonesty.
The Provider takes every care to personally interview and check all references of candidates, but it is the responsibility of the employer to satisfy him/herself as to the qualifications, references and suitability of the candidate. The Provider does not accept liability or responsibility for any loss, damage or expense resulting from the introduction, or any acts, commissions, or conduct from the candidates introduced.
The Client undertakes to provide the Provider with all necessary documents and information, including the following:
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The Family Registration Form,
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A signed copy of this contract,
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The 200 € registration fee,
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The final payment of the agency fee.
The Client is responsible for complying with all employment, taxation, fiscal and other relevant legislation in their respective country as well as the civil and criminal laws of their state and country.
Payment of fees
The Provider's fees for its services are as set out on the "Fees & Terms and Conditions" page of the website, which the Client acknowledges having read and accepts without reservation.
Before the commencement of searching for a nanny, the Client must have paid the 200 € registration fee. This fee must be paid by bank transfer.
As well as the registration fee, the Provider charges a one-off placement fee to the Client for the services of recruiting a nanny. On the offering of a contract to a candidate, the Client will be charged 15% of the Candidate’s net annual salary for the first year. The Provider will have 14 days to make this payment from the date of invoice. All fees are exclusive of VAT.
The Provider will invoice the Client when a Candidate has accepted the position. All agency fees are due within 14 days from the invoice date. A 10 % surcharge will incur for late payments in the initial 5 days working period, thereafter the contract will be canceled and the Candidate removed from the placement.
Payment may be made by bank transfer. In the case of payment by bank transfer, the Client is responsible for all corresponding fees related to the bank transfer.
Cancellation
In the event of cancellation of any placement by the Client prior to the commencement of the candidate’s employment and/or after an invoice has been issued, 50% of the Provider’s fee remains payable. Should the cancellation occur two weeks or less prior to the commencement date, the full amount of the Provider’s fee remains payable by the Client to the Provider.
The initial 200 euro registration fee is not refundable.
Refund
A guarantee period for permanent placements covers the first eight weeks of employment. Refunds (total and partial) are granted in the following circumstances:
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A full refund is available if a Candidate fails to take up her employment. If an engagement is terminated within this period we will attempt to find a suitable replacement.
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If a problem arises between the Client and their new nanny within the guarantee period, the Provider will attempt to find a suitable replacement free of charge. This service will only be offered once. If during the following 4 week period a replacement can not be found, the Client will receive a partial refund of the agency fee, as detailed below:
Refund : departure during the 1st month 60 %
departure during the 2nd month 40 %
Conditions of refund :
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The refund excludes the initial 200 € payment
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The job description has not changed
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The former candidate has not left due to unreasonable working conditions
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The invoice was correctly paid during the 14 day period
A refund will not be issued in the following circumstances:
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The Client withdraws the position
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A replacement is found through an alternative method
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If the Provider presents a suitable replacement candidate, with relevant experience and of a similar profile, but is not accepted by the Client
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The Client refuses to be presented with a replacement
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No refund will be paid on the cancellation of a contract
If for any reason the terms and conditions are not adhered to, no refund will be due.
In all cases of termination of employment, where follows, a request for reimbursement must be sent in writing to the Provider within three days of the termination of the contract. No refund will be made if the fees have not been paid within 14 days of the invoice date and in any case before the Candidate's arrival to her employment.
The agency fee is applicable per placement whether temporary or permanent, and an additional fee for any employee returning at a future date will be charged.
All travel expenses for the interviewing of candidates will be incurred by the prospective client.
Confidentiality
The client undertakes not to pass on to any other person any information of which it has been informed
by the agency.
All introductions and personal details of candidates sent from the agency will be kept confidential by
the client. The client undertakes not to introduce the candidates to third parties, any breach of this
agreement resulting in the employment of a candidate by a third party renders the client liable for the
payment of the agency fee.
General
The terms of the contract are not negotiable. Interviewing a candidate and offering the job to an applicant introduced by Bilingual Nannies Agency automatically implies acceptance of the terms of the contract.
The agency does not accept any variation of this contract without the express permission of the President or the Managing Director of the agency.
The terms of business are governed by French law.