Terms & Conditions
“Applicant” means the person introduced by the Agency to the Client for an Engagement
“Client” means the person, firm or corporate body together with any subsidiary or associated Company
“Agency” means Happy Home Staff ltd
“Engagement” means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis,
“Introduction” means (i) the Client’s interview of an Applicant in person or by telephone, following the Client’s instruction to the Agency to search for an Applicant; or (ii) the passing to the Client of a curriculum vitæ or information which identifies the Applicant; and which leads to an Engagement of that Applicant;
“Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Applicant for services rendered to or on behalf of the Client.
2. The Contract
2.1. These Terms constitute the contract between the Agency and the Client and
are deemed to be accepted by the Client by virtue of an Introduction to, or the
Engagement of an Applicant or the passing of any information about the Applicant
to any third party following an Introduction.
2.2. These terms of business contain the entire agreement between the parties and unless otherwise agreed in writing by Renata Papcunova, the director of the Agency, these terms of business prevail over any other terms of business or purchase conditions put forward by the Client.
3. Notification and fees
3.1. The Client agrees:
a) To notify the Agency immediately of any offer of an Engagement which the Client makes to the Applicant;
b) To notify the Agency immediately that its offer of an Engagement to the Applicant has been accepted and to provide details of the Remuneration to the Agency; and
c) To pay the Agency’s fee within 7 days of the date of the invoice. The failure to do so will nullify the 6 months guarantee period.
3.2. No fee is incurred by the Client until the Applicant accepts the offer of the Engagement whether such an offer shall be conditional or not, when the Agency will render an invoice to the Client for its fees.
3.3 The Agency requires the full invoice to be paid in advance of the Applicant’s employment commencing as per the due date on the invoice,. The Applicant will not commence the Employment prior to full settlement of the invoice.
3.4 For overseas placements the full fee will be due prior to commencement or prior to the Applicant’s departure, whichever is the sooner.
3.5. Invoices not paid within 37 calendar
days will be referred to Daniels Silverman Limited and will be subject to a
surcharge of 15% plus vat to cover the collection costs incurred. This surcharge
together with all other charges and legal fees incurred will be the
responsibility of the Client and will be legally enforceable.
3.6 If the Client engages the Applicant within 12 calendar months from introduction of the Applicant to the Client by the Agency, the full fee will apply. If the Client fails to inform the Agency within 7 days of the Engagement, a 50% surcharge will apply.
3.7. The Agency charges £49.50 non-refundable registration fees for overseas positions. There is no registration fee for UK based positions.
4.1. The Agency recommends all Clients and Applicants to have a trial before
making their final decision. The Agency provides one free day trial per vacancy
(the Applicant should be paid directly for their time)
4.2. Trials over 1 day are charged as follows: £30 per day plus VAT or £120 per week (5 days) plus VAT
4.3. All monies for the trial period must be received before the trial period begins.
4.4. Should the Applicant be placed with the Client on a permanent placement then the Agency will discount the trial fee from the final permanent placement fee. Should the Applicant be unsuccessful then the monies for the trial will not be refunded.
4.5. Should the Client decide to trial more than one Applicant, only the trial period for the Applicant offered the permanent role will be refunded, and only if the Applicant accepts and starts with the Client.
5.1. In order to qualify for the following refund or replacement, the Client must
pay the Agency’s fee within7calendar days of the
date of the invoice and must
notify the Agency and the Applicant in writing of the termination of the
Engagement within 7 days of its termination.
5.2 If the Engagement terminates within the first 6 calendar months, the Agency will endeavour to provide a free replacement. However, if no suitable Applicant can be found within 1 month of termination, the Agency will refund the Client £500 or 20% of the fee paid, whichever is the lesser.
5.3 The agency accepts no liability if the Client deems the replacement
Applicants to be unacceptable
5.4 If the client fails to inform the Agency of an Engagement within 7 days, there shall be no entitlement to a refund or replacement.
5.5 The Client is not eligible for the 6 month guarantee period should the actual role change in any way from the role in which the applicant was originally recruited for. This includes, hours and days of work, duties set out for the role, salary changes, and changes in the families’ personal or financial situation or relocation of the family home.
5.6 The Client is not eligible for the 6 months guarantee period if the employment has been terminated due to unreasonable demands by the Client, or if the Client has been verbally or physically aggressive towards the Applicant or an Employee of the Agency
5.7 The Client is entitled to one free replacement only.
6. Cancellation fee
6.1 If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency a minimum fee of £240 plus VAT, and, if the withdrawal is received less than 7 calendar days prior to commencement of the Engagement, the Client shall be liable to pay the Applicant’s salary for the first week and 80% of the full fee to the Agency.
7.1. Introductions of Applicants are confidential. The disclosure by the Client
to a third party of any details regarding an Applicant introduced by the Agency
which results in an Engagement with that third party within 12 months of the
Introduction renders the Client liable to payment of the Agency’s fee as set out
in the Fee Structure with no entitlement to any refund.
7.2. An introduction fee calculated in accordance with the Fee Structure will be charged in relation to any Applicant engaged as a consequence of or resulting from an introduction by or through the Agency, whether direct or indirect, within 12 months from the date of the Agency’s Introduction.
7.3. The Agency offers Employment Contract as a guide and Client is advised to seek legal advice.
7.4. The Agency is not responsible for the Employment Contract between Client and Applicants.
7.5. Under the Conduct of Employment Agencies and Employment Business Regulations 2003 the Agency is required to hold a copy of the Offer Letter Confirmation between employee and employer.
8. Suitability and References
8.1 The Agency endeavours to provide an enhanced CRB check for all Applicants
once they are offered a permanent role with a client. However, The Agency does
not take responsibility if the Applicant is not able to provide the relevant
paperwork for this to take place.
8.2. The Client shall satisfy itself as to the suitability of the Applicant and the Client shall take up any references provided by the Applicant to it or the Agency before engaging such Applicant. The Client is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Applicant, and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Applicant is engaged to work.
The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking an Applicant for the Client or from the Introduction to or Engagement of any Applicant by the Client or from the failure of the Agency to introduce any Applicant. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales