Nanny Candidates 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 recruitment and introduction services to you as a nanny or childcare professional (“Candidate”, “you” or “your”). These Terms constitute a legally binding agreement between you and the Company.
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 registration 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 qualified nannies/childcare professionals and families seeking childcare. We do not employ nannies directly, nor do we act as your employer, agent, or representative. Any employment relationship exists solely between you and any family who chooses to engage your services. You are solely responsible for your own conduct, qualifications, employment arrangements with families, and compliance with all applicable laws and regulations. The Company makes no guarantees regarding successful placement or the suitability of any family introduced to you.
1. Services
1.1 Scope of Service
(a) The Company provides a platform and service to assist you in finding suitable childcare positions with families seeking nannies. Our services include maintaining your profile on our database, matching you with appropriate family enquiries, and facilitating introductions between you and potential employers (Services). The Company does not guarantee any minimum number of introductions or successful placements, and access to the Services may be suspended or terminated at our discretion if you breach these Terms.
(b) The Company shall use all reasonable endeavours to consider your skills, experience, and preferences when suggesting potential matches with families.
(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 you in any such event.
(d) The Company warrants to the Candidate that the Services will be provided using reasonable care and skill.
1.2 Security
The Company uses secure platforms to store and process Candidate data in accordance with applicable data protection laws. All Candidate information, including personal details and contact information, is stored securely. While the Company takes reasonable measures to protect Candidate data, it does not accept responsibility for unauthorised access, loss, or damage to Candidate data resulting from circumstances beyond its reasonable control.
1.3 Disclaimer
The Candidate acknowledges, understands, and agrees that:
(a) you are fully responsible for the accuracy of all information provided to the Company regarding your qualifications, experience, background, right to work status, and availability, and you must inform the Company promptly of any material changes to this information;
(b) subject to the provisions of these Terms, you have the right to discontinue the Services at any time;
(c) the Services provided are limited to the introduction of potential employers 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. The Company does not directly employ you or guarantee placement with any family; and
(d) the Company makes no representations, warranties or guarantees regarding the suitability of any family introduced to you, nor the outcome of any placement. The success of any placement will depend on many factors including but not limited to the family’s selection process, the compatibility between you and the family, and the terms of employment offered by the family.
2. Client Obligations
(a) (General) You must complete the candidate registration form on the website and provide the Company with accurate information including your full name, address, contact details, qualifications, experience, availability, right to work status, references, and any other documentation or information reasonably required for the Company to perform the Services, and you shall ensure that all such information and documentation is complete, accurate and up-to-date at all times.
(b) (Liaison) You agree 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) You are responsible for attending interviews arranged through the Company, responding to communications from potential employers in a timely manner, and conducting yourself professionally throughout the recruitment process. You warrant and represent that all information provided about your qualifications, experience, and right to work status is true, accurate and complete. You acknowledge that any misrepresentation may result in immediate termination of these Terms and potential legal consequences. You are solely responsible for negotiating and agreeing to your own terms of employment directly with the family, performing due diligence on potential employers, and complying with all applicable laws and regulations relating to employment, taxation, immigration, health and safety, and safeguarding requirements.
(d) (Client Default) You agree that if the Company’s performance of any of its obligations under these Terms is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Candidate Default), 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 you remedy the Candidate Default, and to rely on the Candidate Default to relieve it from the performance of any of its obligations in each case to the extent the Candidate 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 you 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 Company reserves the right to remove your profile from its database or limit your access to Services if you fail to remedy any Candidate Default within a reasonable timeframe.
3. No Registration Fees
3.1 Free Registration
The Company does not charge any registration or placement fees to Candidates. Our recruitment service is provided to you free of charge. Any fees for our introduction and placement services are paid by the families who engage our services. However, you are responsible for all costs and expenses you incur in connection with using our Services, including but not limited to travel expenses, background checks, certifications, and any legal or professional advice you seek regarding potential employment arrangements.
4. Recruitment Process
(a) Upon completing your registration and profile, the Company will add your details to its database of registered Candidates. When a family submits requirements that potentially match your profile, the Company may share your profile (excluding direct contact details) with the family. If the family expresses interest, the Company will contact you to determine your interest in the position. With your consent, the Company will then facilitate an introduction. All subsequent arrangements for interviews and employment negotiations are conducted directly between you and the family.
(b) When you accept a position with a family introduced to you by the Company, you must promptly inform the Company of the engagement, including the agreed start date and salary. This allows the Company to finalise arrangements with the family and close your active search if requested.
(c) You agree not to circumvent the Company by accepting employment or providing services to families introduced to you by the Company without proper notification to the Company. This obligation applies for a period of 12 months following the date of introduction. If you are approached directly by a family who was originally introduced to you by the Company, you agree to refer them back to the Company before accepting any engagement.
(d) The Company acts solely as a facilitator, introducing you to potential employers. The Company is not responsible for the conduct or suitability of any family once an introduction has been made. All employment decisions, including but not limited to accepting offers, negotiating terms, and termination, are your sole responsibility. The Company reserves the right to decline to introduce you to any family 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. You undertake to keep all information relating to families, including personal details, family circumstances, and contact information, strictly confidential and to use such information solely for the purpose of assessing potential employment opportunities. The Company maintains detailed Client and Candidate records as required by applicable regulations. All information will be held as confidential unless stated otherwise by you 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 you demonstrate behaviour that poses a risk to families, other candidates, 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 Candidate 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 Candidate;
(ii) Company may use the contact details of the Candidate 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, qualifications, experience, availability, references, and right to work status. 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 Candidate 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 Candidate’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 Candidate 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. You acknowledge and agree that the Company operates as a recruitment facilitator providing introductions between candidates and families and is not an employer, employment agency, or employment business. The Company does not warrant or guarantee the suitability of any family introduced to you, nor the success of any placement. The Company does not employ the families it introduces and has no control over the conduct or performance of any family once an introduction has been made. You must satisfy yourself as to the suitability of any position and family before accepting employment. You agree that you will not hold the Company responsible, in whole or in part, for the outcome of any engagement you enter into with a family introduced by the Company.
8. Liability
8.1 Liability
(a) You expressly understand and acknowledge that accepting employment with a family entails certain inherent risks. You acknowledge that while the Company provides introduction services, it does not employ, supervise, or control families, nor does it conduct background checks or verify information provided by families. You understand that employment relationships involve various aspects of risk including but not limited to working conditions, personality compatibility, employment terms, health and safety risks, and potential disputes. You freely and voluntarily assume all risks arising from engagement with any family introduced by the Company and take full responsibility for all aspects of the employment relationship, including but not limited to accepting offers, negotiating terms, performing your own due diligence, ensuring appropriate insurance coverage, and handling termination. The Company strongly recommends that you obtain independent legal advice before entering into any employment agreement.
(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 direct damages only.
8.2 Consequential Loss
The Company’s liability for claims, demands, losses, liabilities, damages and causes of action arising out of or in connection with the Services is strictly limited, except in cases of death, personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law. To the maximum extent permitted by law, neither party will be liable for any incidental, special, indirect or consequential loss or damages, or for any employment-related issues arising between you and any family, including but not limited to disputes over wages, working conditions, termination, personal injury, property damage, or any other claims arising from the employment relationship. You expressly acknowledge and agree that (i) the Services are strictly limited to introductions and not employment services, (ii) no specific employment outcomes are guaranteed or warranted, (iii) you are solely responsible for all aspects of the employment relationship with any family you choose to work for, and (iv) you will indemnify and hold harmless the Company from any claims arising from your employment relationship with any family.
9. Termination
9.1 Termination by Candidate
You may terminate these Terms at any time by providing written notice to the Company or by deactivating your account on our website. Upon termination, you will retain access to your account data for 30 days to download any necessary information. If you have already been introduced to families, the non-circumvention provisions in clause 4(c) will continue to apply for 12 months following termination, provided that this shall not prevent you from accepting employment opportunities that arose independently of our Services.
9.2 Termination by Company
The Company reserves the right to terminate these Terms immediately upon written notice if you breach or default 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 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
(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 Candidate’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 candidates. 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.