1) The following terms and conditions alone represent the entire basis of the contract.
2) Acceptance of an applicant for interview and/or employment subsequent through Rockinghorse will be deemed to be made in acceptance of our terms of business, fees and conditions of payment.
3) Rockinghorse operates as an introduction agency only between clients and nannies, mother's helps, maternity nurses, housekeepers and babysitters. Rockinghorse makes every reasonable effort to be thorough in its selection of an applicant on the basis of any information supplied. Notwithstanding this, the final decision as to suitability and responsibility for ensuring that any special requirements and satisfied, and whether to retain the applicant, rests with the client.
4) Registration fees are payable upon acceptance of these terms and conditions by return of the attached form or acceptance of an applicant for interview. These are not refundable.
5) The client shall notify Rockinghorse immediately upon the acceptance of an applicant for employment.
6) Engagement fees are stated in schedule 1 of this contract. An engagement fee shall be payable on or before the tenth day from and including the date of receipt of an invoice (not upon commencement of employment). Where invoices are posted to clients by first class post, they shall be deemed to have been received the next postal day.
7) No applicant can commence employment until clause 6 has been satisfied.
8) Failure to comply with the payment conditions set out in clause 6 shall result in a 5% weekly cumulative surcharge.
9) Refund arrangements only apply with regards to permanent engagements in the following circumstances:
(i) where an employee leaves a position of his/her own volition within six weeks of commencing duties; or
(ii) where an employee withdraws from a position prior to commencement of the engagement and no suitable replacement is found.
10) Refunds are subject to the following conditions:
(iii) the client has paid the invoice in full in accordance with clause 6;
(iv) the client has notified the agency by the end of the second day following the departure of the employee;
(v) the reason for the departure of the employee was not due to unreasonable conditions, or conditions materially different from any stated in the registration form or contract of employment.
11) Where clause 9 is satisfied, refunds may be claimed according to the following scale:
(i) where withdrawal by an employee occurs prior to commencement of employment and no suitable replacement is found, the engagement fee is refundable in full;
(ii) withdrawal after less than two weeks - 75% of engagement fee;
(iii) withdrawal after less than three weeks - 60% of engagement fee;
(iv) withdrawal after less than four weeks - 45% of engagement fee;
(v) withdrawal after less than five weeks - 30% of engagement fee;
(vi) withdrawal after less than six weeks - 15% of engagement fee.
12) Where a client withdraws from an engagement prior to commencement of employment the client will be liable for one half of the engagement fee.
13) No refund shall be made following termination, whenever occurring, of a temporary appointment. Temporary fees are not discountable against any subsequent permanent fee.
14) All temporary staff must be re-booked or re-engaged through Rockinghorse. Clients will be charged the appropriate additional fee where temporary staff continue in employment after the specified term.
15) Clients employing or re- employing applicants within one year of introduction by Rockinghorse remain liable for fees in accordance with clauses 4-8.
16) Clients are responsible for all payments to the employee/applicant in connection with the employment including wages, travelling expenses (including fares encumbered whilst attending interviews with clients), income tax liabilities and National Insurance contributions.
17) Clients retaining the services of an employee/applicant in any capacity, whether paid or unpaid, will be charged for the period the employee/applicant is retained, even if the client considers the employee's performance unsatisfactory.
18) Both parties agree that all introductions made by Rockinghorse are strictly confidential. Clients who introduce applicants to third parties will be liable for fees in accordance with clauses 4-8 as if Rockinghorse had made the introduction.
19) Rockinghorse shall have no liability (except in respect of death or personal injury resulting from negligence) for any loss, expense, claim, damage, delay or behaviour caused directly or indirectly by the introduction or engagement or the acts or omissions of an applicant, nor to the medical fitness of an applicant, nor as to the availability or suitability of the applicant to fulfil any engagement. It is the responsibility of the client to ensure it has appropriate insurance cover.
20) All temporary staff must be re-booked or re-engaged through Rockinghorse. Clients will be charged the appropriate additional fee where temporary staff continue in employment after the specified term. No refund will be made following termination, whenever occurring, of a temporary appointment.