Permanent Placement Terms

1. Introduction

a. All business undertaken between Silentnight Private Staff (“the Agency”) and the employer (“the Client”) is subject to these terms and conditions. In the event of any conflict between these terms and conditions and any other terms and conditions, the former shall prevail unless expressly agreed in writing to the contrary by the Agency Manager.

b. 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.

c. If a candidate introduced by the Agency accepts an offer of employment from the Client, an introduction fee shall be payable calculated in accordance with clause 2.

d. The Client shall be deemed to have accepted these terms and conditions if inter alia, any of the following events occur:
i) The Client receives an introduction of a candidate from the Agency and/or contacts the candidate and/or interviews the candidate and/or thereafter engages the candidate.
ii) The Client introduces a candidate or passes on an introduction to another employer.

2. Fees

a. Temporary Placement is defined as a placement for any period less than 6 consecutive months. The introduction fee for a Temporary Placement is £125 per week or part thereof.

b. Permanent Placement is defined as a placement for any period of more than 6 consecutive months. The introduction fee for a Permanent Placement is 6 weeks of the Nanny’s net salary.

c. The introduction fee payable will be dependent upon whether the placement of a candidate by the Agency is a Permanent or Temporary Placement and shall be payable in accordance with the fee structure for UK residents set out above.

d. 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 subsequently employed by the Client at any time.

e. If a client employs a member of staff who has been introduced by Silentnight Private Staff but does not inform the Agency within 7 days, the fee payable will be subject to a 50% surcharge.

f. If our invoice is not paid by 30 days of the invoice date, the Agency reserves the right to pass it to a debt collector which will incur an additional fee of 10% of the total invoice which will be charged to the Client.

3. Payment

a. For Permanent Placements the introduction fee will become due and payable within 7 days from receipt of your invoice.

b. For Temporary Placements the introduction fee will be invoiced upon confirmation of the starting date of the placement and the introduction fee must be paid in full prior to the commencement of the placement or within 7 days from receipt of your invoice.

c. The Agency reserves the right to charge interest on overdue invoices from the date of invoice until payment calculated at the monthly rate of 5% in the event of legal proceeding being commenced by the Agency to recover the fee. The rate of interest will be the then current rate pursuant to the County Court Act 1984 from the date on which proceedings are instigated. Clause 6 below will only be applicable if clause 3 (a) above has been adhered to.

4. Confidentiality

All information supplied by the Agency is confidential. If the Client passes on the details of a candidate to a third party who subsequently employees the candidate, then the Client will remain liable for the full introduction fee, and the replacement provisions in clause 6 will not apply.

5. Temporary Placements

a. If a Temporary Placement becomes a Permanent Placement, the full permanent placement introduction fee will be payable. The replacement provisions in clause 6 below shall apply.

b. Following cessation of a Temporary Placement, if the Client offers further employment, either permanent or temporary within 12 months of cessation of the first temporary placement, a further fee will be payable in accordance with clause c below. The replacement provisions in clause 6 will apply only if the Client offers a permanent placement.

c. If a Temporary Placement is extended, the Agency will recalculate the amount due and issue a revised invoice so that the appropriate fee can be charged, the revised introduction fee will become due and payable within 7 working days of the date of invoice.

6. Replacement

a. The Agency fees are non-refundable.

b. If the employment of a candidate introduced by the Agency is terminated within twelve weeks from the date of commencement of employment, the Agency will provide one replacement candidate only (from a suitable selection) at no extra cost (unless the Client`s requirements, job description, or the nature of the experience sought have altered, or the salary and conditions offered are not at current market rates, in which case an additional payment may be required) provided that the following conditions have been satisfied:

i) The original introduction fee has paid in accordance with clause 3.
ii) The Agency is advised of the termination of employment of a candidate in writing within 14 days of termination.
iii) The working conditions of candidates are reasonable and as agreed prior to commencement.

7. References and Suitability

a. The Client will be responsible for taking up references and obtaining confirmation of qualifications and shall satisfy him or herself as to the actual suitability of any candidate introduced by the Agency for the specific position offered.

b. The Agency makes no warranty or guarantee, express or implied as to the suitability of any candidate introduced to the Client.

c. The Agency shall not be liable to the Client for any loss, liability, damage, costs, claims or expenses suffered or incurred by the Client arising from or connected with the recruitment or engagement of any candidate by the Client howsoever arising.

8. General

a. The Client undertakes to provide a contract of employment upon engagement, and is responsible for the candidate’s Tax and National Insurance contribution, obtaining work permits and satisfying any medical requirements or qualifications as required by law.

b. The Client is requested to reimburse all reasonable travelling expenses to the interview upon presentation of receipt, and to accept reverse charge calls from prospective candidates calling long distance.