Terms and Conditions
These terms and conditions represent a legally binding contract between the employer ("the Client") and Purely Childcare ("the Agency"). All business undertaken between the Agency and the Client is subject to these terms and conditions.
The term "Candidate" refers to a person introduced by the Agency.
An introduction is deemed to be made when the Agency notifies the Client of a candidate's name and/or provides the Client with the candidate's details.
The Agency operates as an agency introducing Clients to prospective candidates. The Agency does not employ candidates either directly or indirectly. The Client undertakes to provide a contract of employment upon engagement of a candidate and is fully responsible for the candidate's Tax and National Insurance contributions, pension, obtaining work permits and satisfying any medical requirements or qualifications as required by law.
The Client is requested to reimburse all reasonable travelling expenses to the interview upon presentation of receipt.
GDPR (The General Data Protection Regulation)
Purely Childcare, in line with the Data Protection Act 2018 UK’s implementation of the GDPR is committed to keep all information held, including any personal data and sensitive data private and confidential at all times. Personal data is data which can be used to identify you. This may include names, date of birth, address, telephone number etc. Sensitive data is information related to any of the following: racial or ethnic origin, political opinions, religious beliefs, trade union membership, health, sexuality or sex life, offences and/or convictions.
Purely Childcare will record and store all data in a database system accessed and managed by staff within Purely Childcare. Your information may also be stored in a paper file which will be held securely by the relevant person at Purely Childcare.
We will not record your information unless you provide your consent. We will not share your information with anyone else without your consent, unless required to do so by law.
Purely Childcare agree to delete/dispose/shred candidate, company or client details once no longer required or when asked to do so by the candidate, company or client.
All information supplied by the Agency is confidential and should not be passed to any third parties. Should the Client pass on any information/recommend a candidate to a third party who subsequently employs the candidate resulting in a permanent, temporary or part time employment, then the Client will remain liable for the full introduction fee and these terms and conditions shall apply.
The Agency endeavours to provide the most suitable candidates for introduction to the Client. Whilst all candidates are thoroughly checked by Purely Childcare it is the responsibility of the client to take up any references, health checks, police checks and qualifications as required and to ensure that all relevant insurances and contracts are in place. However, the final decision to employ a candidate is the sole responsibility of the Client. The Agency makes no warranty or guarantee, express or implied as to the suitability, honesty, capability or character of any candidate introduced to the Client. The Agency shall not be liable for any loss, liability, damage, costs, claims or expenses suffered or incurred from or connected with the recruitment or engagement of any candidate by the Client.
The Agency endeavours to provide the most suitable candidates for introduction to the Client. The Agency plays no part in the screening or recruitment of any candidate through the Standard Service this is the responsibility of the Client. It is the Client’s responsibility to ensure the job description is correct, not the Agency.
If suitable Candidates have been sourced by Purely Childcare and shortlisted for interview by the Client and interviews do not take place within a month of the application closing date of the job therefore Candidates subsequently are no longer available, the Client will be liable to pay 25% of the introduction fee plus any other expenses incurred during the recruitment process for each candidate/s in consideration of costs made by the Agency.
In the event that the agreement is withdrawn by the Client prior to commencement, when the position has been offered and accepted by the candidate, for whatever reason the Client will be liable to pay 50% of the introduction fee which would have been payable had the Candidate been engaged, in consideration of costs incurred by the Agency.
If a position is offered and accepted either verbally or in writing but a start date is not agreed with the Candidate within 10 days and the Candidate subsequently is no longer available, the Client will be liable to pay 25% of the introduction fee, in consideration of costs incurred by the Agency.
If the Candidate has commenced employment, but the details of the position have changed where the candidate is no longer suitable or unable to fulfil the role, the Client will be liable for the full fee.
If a candidate does not start employment on the agreed date following an offer being accepted when the job description has clearly not changed then a full refund will be made by the Agency.
Fees are payable by the Client on the acceptance either verbally or in writing by a Candidate for a position with the Client. It is the Clients full responsibility to inform the Agency when a candidate has been offered interviews, trials and/or has been offered employment.
The introduction fee will become due within 10 days of the date on the invoice in pounds by direct transfer to the Agency’s bank account. Invoices not paid on its’ due date will be subject to 10% late payment fee per week until payment is received. If the invoice plus late payment fees are not paid in full within the 16 weeks refund terms, debt collection fees and other costs incurred will be charged.
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 employed by the Client at any time within 12 months of the introduction.
If a temporary placement becomes a permanent placement, it is the Clients full responsibility to inform the Agency. The full permanent placement fee shall apply and will be payable within 10 days of an invoice being issued by the Agency.
If a candidate returns to the Client at a later date (within 12 months of introduction) either for full or temporary employment the Client will be liable for the relevant fee charged by the Agency at this time. The Client agrees to notify the Agency immediately of a re-employment or extension of a temporary engagement.
The Agency will invoice any costs incurred for travel, subsidence and accommodation during the recruitment process.
Replacement Applicant and Refunds
The Agency shall not provide a replacement Applicant or refund unless the Client fulfils the following conditions;
The original placement fee has been paid within 10 days of the invoice date.
The Agency is advised of the termination of employment within 5 working days.
No replacement candidate or refunds full/partial shall be given if there are any discount/amendments made to placement fees.
The working conditions of the candidate are reasonable and as agreed prior to commencement.
There was a contract of employment supplied by the Client for the Candidate and the terms of the contract were adhered to.
The job description has not changed.
No other Agency, website finder source or other sources has been used in the 6 weeks refund period.
The vacancy has not been withdrawn within the 8 weeks replacement period.
If a candidate does not start employment then a full refund will be made by the Agency.
Should the Candidate in a permanent engagement leave or asked to leave by the Client within 4 weeks of the date of commencement of the Engagement (for reasons unconnected to a change in job description, unreasonable working conditions, change in working location not previously agreed, or failure by the Client to comply with current employment legislation), we will endeavour to find a replacement Candidate which will be provided at no cost, only one free replacement is provided, the job specification must remain the same. If a replacement candidate is not found within 8 weeks the agency will refund the Client the following (excluding expenses incurred):
If the candidate leaves within 4 weeks of employment a full refund will be given (less £250 admin)
If the candidate leaves within 4-8 weeks of employment - 50% refund
If the candidate leaves within 8-12 weeks of employment– 25% refund
In the event that you are unhappy with the service Purely Childcare provided and wish to make a complaint, contact Justine Short 07508 188443 or email firstname.lastname@example.org and an effort will be made to resolve any situation.
Purely Childcare reserves the right to change our Terms and Conditions at any stage.