Temporary Placement Terms of Business
Silentnight Private Staff will only undertake business on the following Terms and Conditions. These terms are legally binding so please read them carefully.
In the Terms and Conditions of business, the following bold typed words have the following meanings unless otherwise stated:
“Agency” meaning Silentnight Private Staff, being a Night Nanny and Maternity Nurse Agent acting as a matching service that introduces suitable Child Carers to work for the client.
“Client” meaning any person, parent, family member, or third party appointed such person.
“Child Carer” meaning any person, Maternity Nurse, Night Nanny, Sleep Consultant or Day Nanny whom the Agency introduces to the Client as being available for work or hire.
“Engagement” refers to the hire, employment or engagement of the Child Carer by the Client or any third party on a permanent or temporary basis.
“Introduction” refers to the Client’s initial contact with the Child Carer in person or by telephone following the Client’s request to the Agency to search for a Child Carer.
1. The Contract
1.1 These terms constitute the contract between the Agency and the Client. Upon confirming the Engagement of a Child Carer after introduction by the Agency, the Client agrees to enter into and accept the Terms of this Contract.
1.2 These Terms and Conditions are binding unless otherwise agreed in writing by a Director of Silentnight Private Staff.
2.1 The Client will be charged a fee upon confirmation of booking any of Silentnight Private Staff services. The fee must be paid in Pounds Sterling using a Bank Transfer or Credit or Debit card at the time of booking.
2.2 The fee charged for the introduction of a Silentnight Private Staff Child Carer is for the duration of the initial booking. Any Night Nanny, Maternity Nurse or Sleep Trainer returning at a future date will incur a further charge and Silentnight Private Staff must be notified of such an event by the Client. For the avoidance of doubt, the agency registration fee would not be incurred. However, if the agency is no longer liquid or a going concern the above clause shall be considered null and void.
2.3 The Client agrees once an introduction takes place, the client will only make an offer of work to the Child Carer through the Agency. Booking the Child Carer directly or through another agency will be seen as bypassing Silentnight Private Staff agency fees.
2.4 The Client agrees to notify the Agency either verbally or in writing as soon as an offer of employment has been made and to pay the agreed fee within 7 working days of the invoice date or prior to the commencement of the booking, whichever is sooner.
2.5 Any referrals or recommendations made to third parties by the Client leading to employment of the Child Carer will be treated in the same way as the initial introduction by Silentnight Private Staff to the Client and will necessitate the payment of Agency fees. Silentnight Private Staff must be notified of any intention of employment before it commences.
2.6 If the Child Carer is appointed to work for the Client with the intention of bypassing Silentnight Private Staff agency fees, then the Client will be charged a fee of £1,000 in addition to the standard booking fee.
2.7 If payment of an invoice exceeds 31 days past it’s due date, Silentnight Private Staff reserve the right to add an additional charge of £180 to cover legal costs incurred for recovering the outstanding debt.
2.8 Incorrect invoices must be queried within 30 days from the invoice date. Refunds will not be given after this period.
2.9 See Appendix 1 for a list of fees.
3. Terms of Payments
3.1 Night Nanny Payment at the end of each week
3.2 Maternity Nurse Payment at the end of each week
3.3 Sleep Trainer Payment at the end of session or night
3.4 Silentnight Private Staff acts as an introduction agency only and does not directly or indirectly employ the applicant who is self-employed.
3.5 Silentnight Private Staff Agency fees are non-refundable. If unforeseen circumstances on the part of the Client or the Child Carer arise prior to or during the booking and these result in the cancellation or early termination of the booking, Silentnight Private Staff will offer a free replacement for the remainder of the booking, unless the early termination of the booking is due to a breach of contract by the Client or a change in job description or
other previously-agreed elements such as pay, location and hours.
3.6 In the event that the Client wishes/needs to cancel the booking prior to the commencement date, Silentnight Private Staff reserves the right to retain 100% of the fee for work incurred. In addition, 50% of the Child Carer’s salary for the duration of the booking will be charged to cover the Child Carer’s loss of earnings.
3.7 Whilst Silentnight Private Staff tries to ensure that a potential Child Carer is interviewed personally and full reference checks are carried out, it is ultimately the sole responsibility of the Client to make their own enquiries and checks to satisfy themselves as to the suitability of the applicant.
3.8 Silentnight Private Staff gives no guarantee regarding the capability, character, medical condition, age or suitability of the applicant. The final responsibility for accepting and employing the applicant lies with the Client.
4.1 Silentnight Private Staff Agency will not be held responsible for any loss or damage incurred directly or indirectly as a result of an act or omission by any Child Carer introduced by the Agency.
4.2 Child Carers are self-employed and responsible for the payment of their own Tax and National Insurance Contributions.
Silentnight Private Staff reserves the right to use its own discretion with regards to any situation or problem not itemised in its terms.
Agency fee – agency registration – £155.00
Night Nanny placement fee (per night) – £25.00
Maternity Nurse placement fee (per 24 hours) – £25.00
Problem Solving/Sleep Training Consultation – £25.00
Baby Sitting – Baby Sit (per evening) – £25.00
Day Nanny (per day) – £25.00