Family Recruitment Terms & Conditions
These Standard Terms and Conditions (these “Terms”) set out the basis on which Victoria King Nannies having registered office at [insert] (“Company”, “we”, “us” or “our”) provide nanny recruitment and introduction services to you (“Client”, “you” or “your”).
By creating an account on our website (https://www.victoriakingnannies.com/) and accepting these Terms, you enter into an agreement with the Company. These Terms shall apply to all services provided by the Company during your engagement with us.
By accepting these Terms through your website account, you acknowledge that you have read, understood, and explicitly agree to all terms contained herein. You understand and accept that our Company acts solely as an introduction service facilitating connections between families seeking childcare and potential nanny candidates (Candidate). We do not employ nannies directly, nor do we assume any responsibility or liability for the employment relationship, which exists solely between you and any nanny you choose to engage. You are solely responsible for conducting your own due diligence, including but not limited to background checks, reference verification, right to work confirmation, and any other necessary verifications. The Company makes no warranties or guarantees regarding the suitability, reliability, or qualifications of any Candidate.
1. Services
1.1 Scope of Service
(a) In consideration for the payment of the Fees, the Company will provide you with nanny recruitment services which include advertising your position, searching our database for suitable candidates, and facilitating introductions between you and potential nannies (Services).
(b) The Company shall use all reasonable endeavours to meet any performance dates agreed between the Company and the Client.
(c) The Company reserves the right to amend the Services, if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Company shall notify the Client in any such event.
(d) The Company warrants to the Client that the Services will be provided using reasonable care and skill.
1.2 Security
The Company uses a secure platform to store and process Client Data in accordance with applicable data protection laws. All Client information, including personal details and payment information, is stored securely using industry-standard security measures. While the Company takes reasonable measures to protect Client Data, it expressly disclaims all liability for any unauthorised access, loss, corruption, disclosure or damage to Client Data resulting from any cause whatsoever, including but not limited to system failures, cyber-attacks, or circumstances beyond its reasonable control. The Client acknowledges and accepts these inherent risks of data storage and transmission.
1.3 Disclaimer
The Client acknowledges, understands, and agrees that:
(a) the Client is fully responsible for verifying the suitability, qualifications, background, and right to work status of any Candidate they choose to engage, and must conduct their own due diligence before employing any Candidate;
(b) subject to the provisions of these Terms, the Client has the right to discontinue the Services at any time;
(c) the Services provided are limited to the introduction of potential nanny Candidates and do not include employment, payroll, tax services, or ongoing management of the employment relationship. The Company acts solely as an introducer and not as an employer, employment agency, or employment business as defined by the Employment Agencies Act 1973. The Company does not directly employ any Candidates introduced to Clients; and
(d) the Company makes no representations, warranties or guarantees regarding the suitability, character, skills, experience or qualifications of any Candidate introduced to the Client, nor the outcome of any placement. The success of any placement will depend on many factors including but not limited to the Client’s selection process, the compatibility between the Client and Candidate, and the terms of employment offered by the Client.
2. Client Obligations
(a) (General) The Client must complete the family enquiry form on the website and provide the Company with accurate information including name, address, contact details, age of children, pets, working hours, job requirements, salary offered, and any other documentation or assistance reasonably required for the Company to perform the Services, and the Client shall ensure that all such information and documentation is complete and accurate.
(b) (Liaison) The Client agrees to liaise with the Company as it reasonably requests for the purpose of enabling the Company to provide the Services.
(c) (Consent and Professional Care) The Client is solely responsible for the selection and employment of any Candidate. This includes but is not limited to conducting interviews, checking references, verifying qualifications, confirming right to work status, conducting appropriate background checks, and establishing employment terms. The Client must comply with all applicable laws and regulations relating to the employment of domestic staff, including but not limited to employment rights, taxation, immigration, and health and safety legislation.
(d) (Client Default) The Client agrees that if the Company’s performance of any of its obligations under these Terms is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation, then:
(i) without limiting or affecting any other right or remedy available to it, the Company shall have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations in each case to the extent the Client Default prevents or delays the Company’s performance of any of its obligations;
(ii) the Company shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from the Company’s failure or delay performing any of its obligations as set out in this clause; and
(iii) the Client shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly or indirectly from the Client Default.
3. Payment
3.1 Fees
The Client must pay to the Company the Fees as per the fee structure of the Company or as agreed between the Company and the Client. No registration fee is payable by the Client. Fees are payable upon the Client engaging a Candidate introduced by the Company. The Company reserves the right to modify its fee structure upon 30 days’ written notice to the Client.
3.2 VAT
Unless otherwise indicated, amounts stated in our fee structure do not include VAT. In relation to any VAT payable for a taxable supply by the Company, the Client must pay the VAT subject to the Company providing a tax invoice.
3.3 Late Payment and Debt Recovery
If the Client fails to pay any amounts due to the Company under an invoice by the specified due date, the Company retains the right, without limiting any other rights under these Terms, to charge the Client interest at a rate of 8% per annum plus the Bank of England base rate on the outstanding amount.
4. Recruitment Process
(a) Upon receiving a completed family enquiry form, the Company will search its database of registered Candidates and identify those who potentially match the Client’s requirements. The Company will then share relevant Candidate profiles with the Client. If the Client wishes to proceed with any Candidate, the Company will facilitate an introduction. All subsequent arrangements for interviews and employment negotiations are conducted directly between the Client and the Candidate. The Company reserves the right to withhold Candidate details until the Client has confirmed acceptance of these Terms and their fee obligations.
(b) The Client must pay the placement fee upon engaging a Candidate introduced by the Company, regardless of whether that engagement is immediate or occurs at a later date. For the purposes of these Terms, a Candidate is deemed to have been “introduced” if the Company has provided the Client with any information about the Candidate, including but not limited to name, profile, or contact details. A placement fee becomes payable when the Client and Candidate enter into any form of employment or engagement agreement, whether verbal or written, full-time, part-time, temporary or permanent.
(c) The Client agrees not to circumvent the Company by directly or indirectly engaging, re-engaging, or referring any Candidate introduced by the Company without notifying the Company and paying the applicable fee, whether such engagement occurs directly or through a third party. This obligation applies for a period of 12 months following the date of introduction. If the Client refers a Candidate introduced by the Company to another family or party who subsequently engages that Candidate, the Client shall be liable for the full placement fee as if the Client had engaged the Candidate directly.
(d) The Company acts solely as a facilitator, introducing potential Candidates to the Client. The Company is not responsible for the Candidate’s performance, conduct, or suitability once employed by the Client. All employment decisions, including but not limited to hiring, management, discipline, and termination, are the sole responsibility of the Client. The Company reserves the right to decline to introduce Candidates to any Client at its absolute discretion.
5. Confidentiality
(a) Except as contemplated by these Terms, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any confidential information disclosed to it by the other party without its prior written consent. The Client undertakes to keep all information relating to Candidates, including personal details, employment history, and contact information, strictly confidential and to use such information solely for the purpose of assessing Candidates for employment. The Company maintains detailed Client and Candidate records as required by applicable regulations. All information will be held as confidential unless stated otherwise by the Client in writing, except as required by law.
(b) This clause 5 does not apply to:
(i) information which is generally available to the public (other than as a result of a breach of these Terms or another obligation of confidence);
(ii) information required to be disclosed by any law;
(iii) if the Client demonstrates behaviour that poses a risk to Candidates, other clients, or staff members, the Company has the right to refuse service and notify relevant authorities if legally required to do so.
(iv) information disclosed by the Company to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under these Terms.
6. Data Protection
(a) Words and phrases in this section shall have the meaning given to them by applicable data protection and privacy laws, including the General Data Protection Regulation 2016/679 (GDPR) and applicable national legislation that implements or supplements the GDPR or otherwise applies to data protection and privacy, and any statutory instrument, order, rule or regulation made thereunder, as from time to time amended, extended, re-enacted or consolidated (Data Protection Legislation) and the terms “controller”, “processor”, “process” and “personal data” shall have the meanings given to those terms in such Data Protection Legislation.
(b) During and after the delivery of the Services, the Client agrees that the Company will be processing personal data for its own purposes and as such will be a controller under the Data Protection Legislation and this includes (but is not limited to) the following purposes:
(i) Company providing Services to the Client;
(ii) Company may use the contact details of the Client to send marketing materials or other publications;
(iii) Company may process personal data concerning its other clients and contacts in other ways for its own business purposes; and
(iv) Company may process and transfer personal data as necessary to affect a re-organisation of its business.
(c) By creating an account on our website, you agree to provide accurate, current, and complete information about yourself. You will be required to register with your name, address, contact information, family details, and childcare requirements. All personal information will be processed in accordance with our Privacy Policy and applicable Data Protection Legislation.
(d) Before performing the processing, Company shall document within the instructions the subject matter and duration of the processing, the nature and purpose of the processing, the types of personal data and categories of data subjects and the other terms prescribed by the Data Protection Legislation. Company will ensure that all appropriate technical and organisational measures are taken to protect any personal data supplied by the Client to the Company against unauthorised or unlawful processing, accidental loss, destruction or damage, including when Company subcontracts any processing (for example, in the case of external storage of data).
(e) The Client’s instructions are taken to include the use by the Company, where appropriate, of independent contractors and third-party suppliers appointed by the Company for functions such as data and file storage, back-up, destruction, billing, debt collection, legal processing and the like, in accordance with the foregoing. Any such third parties will be bound by confidentiality obligations at least as stringent as those contained in these Terms.
(f) The Company will only process your personal data in accordance with the Data Protection Legislation and the data processing terms set out above.
(g) Each party shall comply with the terms of the Data Protection Legislation.
(h) The Client also agrees to be bound by the Company’s Privacy Policy, which can be found at [https://www.victoriakingnannies.com/privacy-policy].
7. Warranties
To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded. The Client acknowledges and agrees that the Company operates as a recruitment facilitator providing introductions between families and potential nannies and is not an employer, employment agency, or employment business. The Company does not warrant or guarantee the suitability, character, capabilities, qualifications, or experience of any Candidate, nor the success of any placement. The Company does not employ the Candidates it introduces and has no control over the conduct or performance of either the Candidate or the Client once an introduction has been made. The Client must satisfy themselves as to the suitability of any Candidate before engagement. The Client agrees that they will not hold the Company responsible, in whole or in part, for the outcome of any engagement they enter into with a Candidate introduced by the Company.
8. Liability
8.1 Liability
(a) The Client understands that engaging a nanny entails certain inherent risks. The Client acknowledges that while the Company provides introduction services, it does not employ or supervise Candidates. The Client understands that employment relationships involve various aspects of risk including but not limited to performance issues, reliability concerns, and personal compatibility. The Client freely and voluntarily assumes all risks arising from the engagement of any Candidate introduced by the Company and takes full responsibility for all aspects of the employment relationship, including selection, verification, employment terms, management, and termination.
(b) To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with these Terms is limited to the amount of the placement fee paid or payable by the Client to the Company in respect of the relevant Candidate.
8.2 Consequential Loss
The Client hereby waives and releases the Company, its officers, directors, employees, independent contractors, agents, successors and assigns from any claims, demands, losses, liabilities, damages and causes of action arising out of or in connection with the Services, except in cases of death, personal injury caused by our negligence, or fraud or fraudulent misrepresentation. To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or for any employment-related issues arising between the Client and Candidate. The Client acknowledges that (i) the Services are limited to introductions and not employment services, (ii) no specific employment outcomes are guaranteed, and (iii) the Client is solely responsible for all aspects of the employment relationship with any Candidate they choose to engage.
9. Termination
9.1 Termination by Client
The Client may terminate these Terms at any time by providing written notice to the Company, provided that the Client shall remain liable for any placement fees due in respect of Candidates already introduced. If the Client has already been introduced to Candidates, the non-circumvention provisions in clause 4(c) will continue to apply for 12 months following termination.
9.2 Termination by Company
The Company reserves the right to terminate these Terms immediately upon written notice if the Client breaches or defaults on any obligations under these Terms. Such termination shall not prejudice any other rights or remedies available to the Company under these Terms or at law. Upon termination, the Client shall remain liable for any outstanding fees and shall not be entitled to any refund of fees already paid, except where required by law. The non-circumvention provisions in clause 4(c) will continue to apply for 12 months following termination.
9.3 Survival of Terms After Termination
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these Terms will survive and be enforceable after such termination or expiry, including but not limited to clauses relating to non-circumvention, intellectual property, confidentiality, liability, and dispute resolution.
10. Despute Resolution
(a) You and we must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with these Terms and Conditions prior to commencing any proceedings.
(b) If a party requires resolution of a dispute, it must immediately submit full details of the dispute to the chief executive officer or any other designated senior officer of the other party or, if the party is an individual, that individual.
(c) The parties acknowledge that compliance with this clause 10 is a condition precedent to commencing any legal proceedings or claiming any remedy in respect of such disputes, except:
(i) in the case of applications for urgent interlocutory relief; or
(ii) a breach by another party of this clause 10.
11. Force Majeure
(b) If a party requires resolution of a dispute, it must immediately submit full details of the dispute to the chief executive officer or any other designated senior officer of the other party or, if the party is an individual, that individual.
(a) If a party becomes unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to an event beyond its reasonable control (Force Majeure Event), including but not limited to public health emergencies, government-mandated restrictions, natural disasters, acts of terrorism, regulatory changes affecting recruitment services, or widespread technological failures, that party must give to the other party prompt written notice of:
(i) reasonable details of the Force Majeure; and
(ii) so far as is known, the probable extent to which that party will be unable to perform or be delayed in performing its obligation.
(b) Subject to compliance with clause 11(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event. For recruitment services affected by Force Majeure, the Company will offer reasonable extensions to the service period or alternative arrangements as appropriate.
(c) The affected party must use reasonable endeavours to overcome or remove the Force Majeure and mitigate its effects as quickly as practicable.
12. Notices
A notice or other communication to a party must be (except for routine recruitment communications and updates which may be sent via SMS or through the website messaging system):
(a) in writing and in English; and
(b) delivered via email to the other party, to the email address registered in the Client’s account on our website (Email Address). The parties may update their Email Address through the website or by written notice to the other party.
(c) Any notice sent through email shall be deemed to have been received at the time of transmission (if sent during Business Hours) or at 9:00 a.m. on the next Business Day (if sent outside Business Hours). For urgent matters relating to recruitment or placements, immediate phone contact details will be provided to clients. Business hours are 9:00 a.m. to 5:00 p.m. on a Business Day.
13. General
13.1 Governing Law and Jurisdiction
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
13.2 Business Days
If the day on which any act is to be done under these Terms (excluding scheduled interviews or communications) is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where these Terms expressly specifies otherwise. For the purposes of these Terms, the term ‘Business Day’ means a day other than a Saturday, Sunday or public holiday in England, when banks in England are open for business.
13.3 Third Party Rights
These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, except that all waivers, releases, and limitations of liability shall extend to protect our staff, shareholders, officers, directors, employees, agents, successors, beneficiaries and assigns, who shall have the right to enforce such provisions.
13.4 Amendments
We reserve the right to amend these Terms from time to time. Any amendments will be notified to you through your registered email address on our website at least 30 days before they take effect. Your continued use of our Services following the effective date of such amendments shall constitute your express acceptance of the amended Terms and Conditions. If you do not agree with the amendments, you may terminate your agreement by giving us written notice before the amendments take effect, and we will provide a pro-rata refund of any prepaid fees.
13.5 Waiver
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13.6 Severance
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
13.7 Joint and Several Liability
Where an obligation, liability or right under these Terms is assumed by or conferred on two or more persons, such obligation, liability or right shall bind or benefit them jointly and severally.
13.8 Assignment
We may assign, novate or transfer our rights or obligations under these Terms to any successor entity or purchaser of our business. In such event, we will provide you with notice and ensure continuation of any active recruitment services. You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
13.9 Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms and Conditions. By creating an account on our website and clicking “I accept” or similar button indicating acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
13.10 Interpretation
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(g) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(h) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(i) (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.