Abundant Life Family Care Ltd will undertake business within the following terms and conditions of business. These terms and conditions of business shall represent a legally binding contract between
Abundant Life Family Care known as ALFC 'the Agency’ and the client or employer known as ‘the Client’ or 'the Employer’.
Abundant Life Family Care Ltd is an introduction agency only and does not enter into a contract with a candidate on behalf of the client. Any other undertakings by ALFC and agreements between ALFC and its clients are all subject to the terms and conditions hereunder.
ALFC introduces candidates to clients and does not indirectly or directly employ the candidates.
These terms and conditions of business constitute the contract between ALFC and the Client.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF BUSINESS
The following constitutes an acceptance of ALFC's terms and conditions of trade;
a) Any verbal or written instructions given to ALFC by the Client requesting for a candidate.
b) Completion of a registration form, an interview with a candidate, any interest shown in a candidate or the engagement of a candidate seconded by ALFC, agreement by the Client to pay a non-refundable registration fee.
c) The confirmation of a booking between the client and ALFC whether by email or writing will also be considered to be an acceptance of ALFC's terms and conditions of trade.
1.1 Meanings of wordings used hereunder
a) Agency refers to Abundant Life Family Care Ltd also ALFC.
b) The client refers to any person, firm or corporation who approaches the Agency with a view to engaging or otherwise employing a candidate or to whom a candidate is introduced by the agency.
c) Candidate refers to a person introduced by the Agency to the Client to be considered for an engagement or employment.
d) Engagement or employment means the employment or use of candidate services directly or indirectly whether under a contract of service or otherwise and on a permanent, temporary or another basis, by or on behalf of a Client.
2. FEES AND CHARGES
2.1 A registration fee of £30 must be paid by the client to ALFC on registering their interest to utilise ALFC services to find a candidate verbally, in writing or using an online registration form. ALFC will confirm the booking with the client by email / in writing. This will confirm dates and times of employment, fees relating to the services booked and the method of payment (** see fees).
2.2 The Client must notify ALFC immediately either verbally or in writing after an offer of employment to a candidate has been made including all the appropriate details such as dates and times of employment and to pay the agreed invoiced fees within 7 working days of the invoice date or prior to the commencement of the booking, whichever is sooner. All fees are payable in advance of the proposed contract term.
2.3 Candidate's travel charges to interviews may be payable for journeys over 10 miles or 30 minutes at 45p per mile after the first 10 miles of any journey, and travel time charges for journeys over 30 minutes of £15 per hour. These will be reimbursed to the candidate.
2.4 Payment for the service will be made at the end of each night/day shift booked or as previously agreed with the candidate, by cash or by cheque to the maternity nurse or night nanny. It is the client’s responsibility to pay the night nanny or maternity nurse the correct amount and on time. The maternity nurses and night nannies are self-employed and responsible for paying their own tax and national insurance.
2.5 If payment of an invoice is not received within 14 days of its due date, a 10% surcharge will be added and after 31 days ALFC reserves the right to add an additional charge of £180 to cover costs incurred to recover outstanding debt.
2.6 In the event that a candidate introduced by ALFC is rejected or rejects an engagement by the Client but the candidate is subsequently engaged by the Client, a full introduction fee shall be payable to the ALFC.
3. Candidate checks
Although Abundant Life Family Care takes every care to ensure that candidates obtain references, have up to date paediatric first aid training/certificate, are DBS (Disclosure and Barring Service) checked formerly CRB checks, have suitable qualifications and the candidate's identification is correct, the Client is responsible for satisfying herself/himself as to the qualifications, ID, references and suitability of the candidate. ALFC makes no guarantee, expressed or implied as to the suitability of any candidate introduced to the Client.
4. Cancellation of a candidate booking.
4.1 Abundant Life Family Care fees are non- refundable unless a candidate fails to take up their duties (see section 8 on refunds). If unforeseen circumstances on the part of the Client or the candidate arise prior to or during the booking and these result in the cancellation or early termination of the booking, ALFC 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.
4.2 In the event that the Client wishes/needs to cancel the booking which has been approved in writing by ALFC prior to the commencement date, ALFC reserves the right to retain 100% of the fee for work incurred if the notice is less than one month. In addition, 50% of the candidate’s wages for the duration of the booking will be charged to cover their loss of earnings.
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.
ALFC will not be held responsible for any loss or damage incurred directly or indirectly as a result of an omission by any candidate introduced by Abundant Life Family Care.
The Client is solely responsible for the candidate’s fees for services provided.
The client and Abundant Life Family Care acknowledge and agree that the terms of this contract shall remain confidential and agree not to disclose, communicate or otherwise make public the same either directly or indirectly through a third party, except when this information is required by professional advisers and relevant tax authorities, or otherwise as may be required by law.
Furthermore, the parties hereby agree that they will not make, publish, or otherwise communicate any disparaging or derogatory statements, whether verbally, in writing or through any social media source or websites concerning the other party hereto.
Failure to adhere to this, risks the party in breach becoming subject to legal action by the other.
These terms and conditions are valid unless confirmed otherwise in writing by Abundant Life Family Care and will be updated every now and then.
7. TERMS OF ENGAGEMENT
7.1 The client will notify the Agency if a candidate originally employed on a temporary basis continues after the contract term, and an additional fee will then be charged up to a maximum of 16 weeks. Thereafter the fee for a permanent engagement will be payable less the temporary fee already paid.
7.2 The agency fee charged for an introduction is applicable to one candidate or engagement only.
7.3 If the Client should engage the candidate within 6 months of the original introduction or interview of the candidate the appropriate agency fee will be charged. ALFC must be notified immediately of any such arrangement.
7.4 If the Client should re-engage a candidate within 3 months of terminating the engagement a further fee will be charged and ALFC must be notified immediately of any such arrangement.
7.5 In the case of maternity nurse engagements. If a candidate is subsequently re-employed for another baby with the same family at any point in the future, the relevant agency fee will be charged by ALFC.
7.6 All introductions of candidates by ALFC and their details shall remain confidential and must not be passed indirectly to potential Clients or other candidates. A sum equivalent to the full introduction fee will be charged to the Client if this undertaking is breached.
8.1 A full refund will be made by ALFC if the candidate fails to take up their duties.
8.2 If a candidate leaves a temporary assignment at any stage within 16 weeks during the agreed contract period, ALFC will endeavour to find a suitable replacement at no extra cost. If no replacement is found within one week of notifying the Agency a refund will be made for each full week not worked by the candidate.
8.3 The conditions in 8.2 and 8.4 will not apply if the candidate leaves because the conditions of employment were misrepresented by the Client or if the Client has ended the contract for any reason other than the unsuitability of the candidate.
8.4 If a candidate leaves a permanent engagement at any stage within the first 8 weeks, the Agency will endeavour to find a replacement at no extra cost. If no suitable replacement can be found within 4 weeks of notification to the Agency, a refund is available on the following scale:
a) Up to 4-weeks worked – 80% refund
b) Up to 8-weeks worked – 60% refund
8.5 All instances of termination of employment where a refund is claimed must be notified in writing to the Agency within three days of the termination of employment. No claim for refund or replacement is available where payment in full has not been received by the Agency within seven days of the invoice date as per clause 2.5 of the terms and conditions of business. No refund is available where the Client requests that no replacement is to be sought.
8.6 A breach of these terms of business as a whole or in part risks the loss of funds paid. ALFC is not responsible to enforce the agreement between clients and candidates.