Terms and Conditions

Introduction

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 of two or more CV’s matching the Clients essential criteria.

 

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.

 

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.

Confidentiality

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.

 

Liability

Enhanced/Standard Service

The Agency endeavours to provide the most suitable Candidate/s for introduction to the Client. The Agency plays no part in the screening or recruitment of any Candidate through the Enhanced/Standard Service. It is the responsibility of the Client to take up any references, DBS checks, health checks, police checks and qualifications as required and to ensure that all relevant insurances and contracts are in place. It is the Client’s responsibility to ensure the job description is correct, not the Agency.  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 final decision to employ a Candidate is the sole responsibility of the Client.

 

Screening Services

DBS

In completing a DBS application the Client/Applicant is giving permission to process the application and the documents supplied is correct to the best of your knowledge.  In any instance where this has not been the case, the application will be treated as a matter of fraud. Every DBS application must be seen for identification of documents purposes to confirm the Candidate's identity.

 

Reference Checks

Whilst references are thoroughly checked by Purely Childcare.  However, all references should be verified by the Client prior to the employment commencing. The Agency does not give any warranty for the suitability, history, character, age, honesty or capability of the Candidate and will not be liable. The final decision to employ a Candidate is the sole responsibility themselves as to the suitability of the Candidate.

 

Fee Payment

Per Full time/Part time/Bank Worker Placements – per Candidate

Introduction Fee – When 1 or more CV’s matching your essential criteria have been forwarded

Completion Fee – When the successful Candidate commences employment

 

Standard/Premium Service

Where the Client has instructed the Agency to recruit for one or more roles; the Client agrees to pay an Introduction Fee of £250.00 payable upon receipt of 1+ CV’s matching criteria set by the Client per job vacancy.  The Completion Fee: being the balance of the total fee for the agreed service and shall become payable once the candidate/s has commenced employment.  If a Candidate/Agency is not contacted by the Client within 5 days of receiving CV’s matching the Clients essential criteria, the Introduction Fee shall become payable. The Agency will invoice prior agreed costs incurred for processed DBS’s, reasonable travel, subsidence, and accommodation expenses during the recruitment process.

 

DBS/Reference Checks - per Candidate

The Agency will invoice prior agreed costs incurred for processing references, DBS’s, reasonable travel, subsidence, and accommodation expenses during the Screening Services process. These will become due if the Applicant is employed or rejected.

Invoices will become due within 10 days of the date on the invoice in pounds by direct transfer to the Agency’s bank account or any other agreed parties. 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 after 4 weeks, debt collection fees and other costs incurred will be charged.

 

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 Agency will not approach any Candidate placed with a Client for future roles.

 

If a Candidate introduced by the Agency is rejected (or rejects an offer of employment) by the Client, a full Introduction/Completion 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 Introduction/Completion 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.

 

If the Candidate has been offered and accepted 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 Introduction/Completion fee.

 

If a Candidate has agreed a start date with the Client and the Client subsequently alters it without agreement from the Candidate, and the Candidate is no longer available, the Client will be liable for the full Introduction/Completion Fee.

 

In the event forwarded Candidate/s matching the Clients criteria, or Agency are not contacted within 5 days by the Client, the Client will be liable to pay the full Introduction/Completion fee and expenses in consideration of costs incurred by the Agency.

 

Replacement Applicant and Refunds

The Agency shall not provide a replacement Candidate or refund unless the Client fulfils the following conditions.

  • The Introduction/Completion fee has been paid within 10 days of the invoice date.

  • The Agency is advised of the termination of employment within 5 working days.

  • The Candidate/Agency was contacted within 5 days of CV’s been forwarded to the Client matching the agreed essential criteria.

  • The Candidate and Client had an agreed start date

  • No replacement Candidate or refunds full/partial shall be given if there are any discount/amendments made to Introduction/Completion 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 replacement period.

  • The vacancy has not been withdrawn within the 6 weeks replacement period.

  • Should the Candidate in a permanent engagement leave or asked to leave by the Client within 12 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 and the replacement applicant must be contacted within 5 days of the Client receiving the CV matching the essential criteria. If a replacement candidate is not found within 6 weeks the Agency will refund the Client, the following (excluding Premium Service expenses incurred):

If the Candidate leaves within 4 weeks of employment, the full Completion Fee will be refunded

If the Candidate leaves within 4-8 weeks of employment, 50% of the Completion Fee will be refunded

If the Candidate leaves within 8-12 weeks of employment, 25% of the Completion Fee will be refunded

 

Cancellations

In the event that the agreement is withdrawn by the Client within 6 weeks of the vacancy registration date and 1 or more candidates matching the essential criteria have been introduced to the Client, the Client will be liable to pay the full introduction fee and expenses in consideration of costs incurred by the Agency.

 

In the event that the Client has interviewed 1 or more Candidate/s introduced by the Agency and is unsuccessful in recruiting Candidates introduced by the Agency, and no longer wishes to use Purely Childcare, the Client will be liable to pay the full introduction fee and expenses in consideration of costs incurred by the Agency.

 

Complaint Procedure

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 justine.short@purelychildcare.co.uk and every effort will be made to resolve any situation.

 

These Terms and Conditions shall be governed and construed in accordance with English Law, and the parties submit to the jurisdiction of the English Courts.