- Twinkle Twinkle Nannies is a limited company registered in England and Wales. Registered number: 10547580. Registered office: Third Floor, 207 Regent Street, London, W1B 3HH. (“Twinkle Twinkle Nannies”).
- Twinkle Twinkle Nannies is an international boutique nanny agency within the private household sector and acts in the United Kingdom as an employment agency as defined in Section 13(2) of the Employment Agencies Act 1973 (the “Act”) when introducing Candidates to Clients for direct engagement by the Clients.
- Please read these Terms and Condition carefully and make sure that you understand them, before agreeing to them.
- The Act prohibits Twinkle Twinkle Nannies from charging a fee for the work-finding services provided to a Candidate and accordingly Twinkle Twinkle Nannies provides its work-seeking services to the Candidate strictly free or charge.
- Whether any other services or goods which may be provided by Twinkle Twinkle Nannies to any Candidates on their request attracts a fee, Twinkle Twinkle Nannies will provide the Candidate with a detailed notice setting out, among other things, a description of the services or goods to which the fee relates and the amount or method of calculation of the fee.
1. Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “Agency”: means Twinkle Twinkle Nannies;
- “Candidate”: means the work-seeker being any person using the Services for the purposes of finding employment;
- “Client” means the hirer being any person, firm or company including any Affiliate of that person, firm or company, to whom the Candidate may be introduced; affiliate includes, in relation to a person, firm or company an agent, a subsidiary, or any entity from time to time directly or indirectly connected, controlled, controlled by, or under common control with that person, firm or company;
- “Personal Data”: means data relating to a living individual who can be identified from that data (or from that data and other information in Twinkle Twinkle Nannies possession). Personal data can be factual (for example, a name, address or date of birth) or it can be an opinion about that person, their actions and behaviour;
- “Services”: means the work-finding services provided by the Agency to the Candidate for the purposes of seeking to find that Candidate employment with a Client as set out in these Terms and Conditions;
2. The Contract
- Any and all business undertaken by the Agency in relation to the Services is transacted subject to these Terms and Conditions.
- The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon their submission of his/her General Candidate Application Form.
- These Terms and Conditions supersede all previous terms of business.
3. The Services
- Upon provision by the Candidate of a full and accurate curriculum vitae, which shall include information regarding their qualifications, training, experience, employment history and any references and the other information and documents as set out below at clause 4, the Agency shall, at its sole discretion, search for suitable employment positions on behalf of the Candidate. The type of employment sought by the Candidate will be as detailed on the General Candidate Application Form.
- The Agency shall provide its Services to the Candidate as an employment agency at no cost to the Candidate.
- Whilst the Agency shall use its reasonable endeavours to inform the Candidate of any vacancies that meet the Candidate’s requirements, it does not warrant and provides no guarantee that any such vacancies will be available or that the Candidate shall be informed of available vacancies.
- Whilst the Agency requires its Clients to ensure that all information provided to it is complete, accurate and up-to-date, the Agency does not provide any warranty or guarantee of any kind that the vacancy advertisements and other information made available to the Candidate are complete, accurate and up-to-date.
4. Candidate Information and Responsibilities
- Before any Services are provided the Candidate shall provide the Agency with:
- i.satisfactory evidence of their identity and proof of address which shall include, but not limited to, a certified copy of the Candidate’s passport or birth certificate and one utility bill or bank statement not older than three months;
- if, in respect of any prospective employment, the Candidate is required by law, any professional body or by the Client to hold or have any experience, training, qualifications and authorisation, the Candidate shall also provide the Agency with: (a) up to date copies of such qualifications and/or authorisations; and (b) the names of two referees (who must not be relatives to the Candidate) who the Candidate agrees that the Agency may approach at any time for the purpose of obtaining references about the Candidate.
- The Candidate warrants that all information and documents submitted to the Agency are, to the best of his/her knowledge, true, accurate, complete and up-to-date.
- In the event that the information submitted to the Agency becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Agency as soon as reasonably possible.
- 2.Where any of the information submitted to the Agency contains details which may be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Agency prior to submitting the information.
- The Candidate shall immediately inform the Agency should there be any reason or circumstances of which he/she is aware under which it would be detrimental to the interests of the Agency, the Client or the Candidate for the Candidate to take up a particular position with the Client.
- The Candidate should not engage at any time in any conduct which is detrimental to the interests of the Agency, would negatively affect the Agency’s relationship with the Client or is likely to bring the Agency into disrepute.
- The Candidate consents to the disclosure of all relevant information which is reasonably required to progress any application including, but not limited to, his/her curriculum vitae and copies of his/her qualifications, authorisations and/or references by the Agency to the Client. For the purposes of the Data Protection Act 1998 this consent extents also to disclosure to Clients based in a country outside the European Economic Area.
- When applying for a vacancy, the Candidate must ensure that he/she:
- has read the complete details of the vacancy;
- understands the requirements of the vacancy;
- meets the requirements of the vacancy;
- is willing to work in the position the Client seeks to fill;
- possess any requisite qualifications required by the vacancy; and
- has obtained or applied for any relevant permits or authorisations.
- Where any of the information submitted to a Client contains details which may be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Client prior to submitting the information.
- The Agency shall forward the Candidate’s details to Client’s for the purpose of the relevant vacancy only. In the event that the Candidate wishes to apply for multiple vacancies to the same Client, they must submit separate applications for each vacancy.
- The Agency reserves the right and the discretion to decline to forward applications to its Clients if it considers them to be in breach of these Terms and Conditions.
7. Offer of Employment, Assistance with investigations and proceedings and Penalty
7.1. An offer of employment made by the Client may be subject to the Client obtaining satisfactory references or background checks on the Candidates.
7.2. In the event that the Candidate receives from a Client an offer of employment within 24 months of his/her introduction to the Client, the Candidate shall promptly, any in any event within 14 days of receiving such offer, inform the Agency.
7.3. The Candidate agrees to provide reasonable assistance to the Agency in relation to any legal proceedings, claims, complaints, investigations or enquiries (whether internal or external) concerning events or matters in which the Candidate was involved or of which the Candidate has knowledge including (but not limited to):
- co-operating with the Agency (including any solicitors acting for the Agency and any regulatory authority); and
- agreeing to be interviewed, to provide witness statements and/or to attend as a witness on behalf of the Company at any hearing in relation to such proceedings or claims.
7.4. In relation to clause 7.3 the Agency shall reimburse the Candidate for reasonable out of pocket expenses incurred by him/her (excluding legal fees) in providing such assistance, subject to the Candidate providing to the Agency evidence of such expenditure which is satisfactory to the Agency.
7.5 PENALTY: If the Candidate hides to the Agency important informations (such as the starting date, the salary, the type of contract, etc.) or gives to the Agency false informations (such as pretending that he/she is not really working but she is only visiting the city and she is hosted for free, etc.) related to a Client who hired her/him without disclosing it to the Agency trying to bypass the Agency Fees, the Candidate is responsible to pay to the Agency a penalty corresponding in the full amount of the Commission Fee that should have been paid by the Client to the Agency.
8. Data protection
8.1. The Agency will collect certain Personal Data and other information from the Candidate which is required for the provision of the Services. Such Personal Data is collected, held and processed by the Agency for the following purposes:
- Providing information regarding vacancies and other relevant information to the Candidate;
- Matching relevant Candidates and vacancies;
- Monitoring and improving its services.
8.2. The Agency is a data controller under the Data Protection Act 1998 and as such is registered with the Information Commissioner’s Office.
8.3. Subject to clause 5 (Consent) of these Terms and Conditions the Agency shall not share any Personal Data with any third parties without consent of the Candidate.
8.4. The Agency shall take such technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate
8.5. The agency may share Personal Data with the following parties without the prior consent of the Candidate:
8.5.1.Another business which merges with or acquires the Agency;
8.5.2. Regulatory bodies or law enforcement authorities; and
8.5.3. Any professional advisor, contractors or sub-contractors that the Agency may appoint from time to time.
9.1. The Agency shall not be liable for any of the following:
9.1.1. Any loss suffered by the Candidate by reason of the Candidate’s decision to resign from his/her current employment or engagement before or after receipt of a Client’s offer of employment. Furthermore, the Agency does not accept any responsibility and shall not be liable for any loss suffered by the Candidate by reason of the Client withdrawing the offer of employment at any time for any reason.
9.1.2. The loss of any data, CV’s or other materials submitted by the Candidate;
9.1.3. Any errors or inaccuracies in the information presented to the Candidates;
9.1.4. The failure of the Candidate to secure employment with any of the Agency’s Clients;
9.1.5. Any loss or damage of any kind, howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and
9.1.6. Any loss or damage of any kind, howsoever caused arising out of any information or document submitted to the Agency by the Candidate.
9.2 Nothing in these Terms and Conditions shall exclude or otherwise restrict the Agency’s liability for death or personal injury arising out of its own negligence.
10.1. Without prejudice to any other remedies available to the Agency, the Candidate shall on demand indemnify and keep the Agency indemnified against any costs, liability, damages, loss, claims or proceedings (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs) suffered or incurred by the Agency arising out of or in connection with a material breach of the warranty given at clause 4.2 (accuracy of information) and any material breaches of the obligation arising from clauses 7.2 (obligation to inform the Agency of an offer of employment) and 7.3 of these Terms and Conditions (assistance in proceedings) (the “Claim”).
10.2. Liability under clause 10.1 of these Terms and Conditions is conditional on the Agency discharging the following obligations:
10.2.1. as soon as reasonably practicable, give written notice of the Claim to the Candidate, specifying the nature of the Claim in reasonable detail;
10.2.2. not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of the Candidate (such consent not to be unreasonably conditioned, withheld or delayed), provided that the Agency may settle the claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to the Candidate, but without obtaining the Candidate’s consent) if the Agency reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
10.2.3. subject to the Candidate providing security to the Agency to the Agency’s reasonable satisfaction against any claim, liability, costs, expenses, damages or losses which may be incurred, take such action as the Candidate may reasonably request to avoid, dispute, compromise or defend the Claim.
11. Communications and notices
11.1. Any notice or other communication given to a party under or in connection with these Terms and Conditions shall be in writing in English and shall be delivered by hand, or sent by commercial courier, or pre-paid first-class post, or recorded delivery, or airmail requiring signature on delivery, or sent by e-mail.
11.2. The addresses for service of a notice or other communication under these Terms and Conditions are as follows:
Candidate: as per the General Candidate Application Form;
address: London, W1B 3HH, 207 Regent Street
for the attention of Ms Nadine-Johanna Stewart;
e-mail address: email@example.com
This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
12. Relationship of Parties
12.1. Nothing in these Terms and Conditions is intended to, or shall create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between the Agency and the Candidate and between the Agency and the Client.
13. Third Parties
13.1. No one other than a party to these Terms and Conditions, their successors and permitted assignees, shall have any right to enforce any of its terms.
14.1. No failure or delay by the Agency to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15.1. If any provision or part-provision of these Terms and Conditions is found by any court or other authority of competent jurisdiction to be illegal, invalid or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions, but that shall not affect the legality, validity or enforceability of any other provision of these Terms and Conditions.
16. The Agency right to vary these Terms and Conditions
16.1. The Agency may revise these Terms and Conditions from time to time. In the event that modifications are made, details of them will be published forthwith on the Agency website at http://twinkletwinklenannies.com/terms-and-condit…s-for-candidates and the Agency will contact the Candidate to give him/her reasonable advance notice of the chances and let the Candidate know how to cancel the contract if he/she is not agreeable to the changes.
16.2. In the event that the Candidate does not agree to be bound by any amended terms and conditions the Agency may introduce, he/she should immediately cease using the Services and inform the Agency accordingly.
17. Governing Law and Jurisdiction
17.1. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by and construed in accordance with the law of England and Wales.
17.2. Each party irrevocably agrees that the Courts of England and Wales shall have non-exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with these Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).