TERMS OF BUSINESS GOVERNING THE INTRODUCTION AND ENGAGEMENT OF PERMANENT AND SHORT-TERM DOMESTIC STAFF

Definitions

1. In these Terms, unless the context otherwise requires, the following definitions apply. References to the singular include the plural and vice versa; references to any party include its successors and permitted assigns.

“Agency” meaning My Home Staff Ltd with Companies House Registration Number 15650537, whose registered address is at 3rd Floor, 15 West St, Brighton and Hove, Brighton BN1 2RL.

“Candidate” means any person or associated person Introduced by the Agency to the Client for the purpose of an Engagement, whether or not previously known to the Client.

“Client” means the person, firm or associated person to which the Candidate is introduced.

“Engagement” means the engagement, employment or use of the Candidate by the Client or by any third party to whom the Candidate has been introduced by the Client (whether with or without the Agency’s knowledge or consent), on a permanent or temporary, casual, intermittent, or other basis, howsoever engaged, whether directly or indirectly.

“Engagement Acceptance” means the Candidate’s oral or written acceptance of an Engagement Offer, whether communicated directly to the Client, to the Agency, or to both.

“Engagement Commencement” means the date on which the Candidate first performs any duties for, or otherwise begins providing services to, the Client or any relevant third party pursuant to an Engagement.

“Introduction” means: (a) the provision, transmission, or disclosure to the Client of a curriculum vitæ or any information sufficient to identify the Candidate; or (b) the Client’s interview or meeting with a Candidate, whether conducted in person, by telephone, video conference, or by any other means. An Introduction is deemed to occur irrespective of whether the Client was previously aware of, had prior contact with, or had independently sourced the Candidate.

“Introduction Fee” means the fee payable by the Client to the Agency upon an Engagement Acceptance, calculated in accordance with clause 3.3, and payable irrespective of the manner or medium through which the Engagement is effected.

“Replacement Candidate” means any Candidate Introduced by the Agency to the Client to fulfil an Engagement following the Introduction of another Candidate whose Engagement either did not commence or terminated within the first twelve (12) weeks of Engagement Commencement, irrespective of the reason for non-commencement or termination.

“Extension Fee” means the additional fee payable by the Client to the Agency where the Client increases the Candidate’s working hours, duties, or scope of services beyond those used to calculate the original Introduction Fee, such fee to be calculated in accordance with clause 3.3 and payable irrespective of the reason for, or timing of, such increase.

“Terms” means these terms of business.

2. The Contract

2.1 When These Terms Apply

These Terms form the agreement between My Home Staff Ltd (“the Agency”) and the Client.

The Client is deemed to accept these Terms upon the earliest of:

(i) receiving Candidate information;

(ii) requesting or conducting an interview with a Candidate;

(iii) making an offer of Engagement; or

(iv) passing Candidate information to any third party.

These Terms apply to every Introduction made by the Agency, including where the Client ultimately Engages the Candidate for a different role or on different terms than originally discussed.

2.2 Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all previous terms or understandings.

They take precedence over any terms or conditions issued by the Client.

The Client confirms that no reliance is placed on any representation not expressly set out in these Terms.

2.3 Role of the Agency

The Agency acts as an “employment agency” under UK law and Introducing Candidates for direct Engagement by the Client.

The Client authorises the Agency to source Candidates and, where agreed, to advertise for suitable applicants.

2. The Contract

2.1 Formation of the Contract

These Terms constitute the contract between the Agency and the Client for the introduction and supply of permanent or temporary staff to be engaged directly by the Client. The Client shall be deemed to have accepted and be bound by these Terms upon the earliest occurrence of any of the following:

(i) an Introduction, an Engagement Offer, or an Engagement;

(ii) any request by the Client to receive information regarding a Candidate or to interview a Candidate; or

(iii) the Client’s disclosure, transmission, or passing of any information relating to a Candidate to any third party, whether or not such third party proceeds to Engage the Candidate.

For the avoidance of doubt, these Terms apply to every Introduction and Engagement effected by the Agency, irrespective of whether the Candidate is ultimately Engaged for the same role, position, or type of work for which the Introduction was originally made.

2.2 Entire Agreement and Precedence

These Terms supersede all previous agreements and constitute the entire agreement between the parties in relation to their subject matter. They prevail over any other terms of business or purchase conditions put forward by the Client.

The Client acknowledges that it has not relied on any statement, representation, or promise made by or on behalf of the Agency which is not expressly set out in these Terms.

2.3 Capacity of the Agency

The Agency acts as an “employment agency” for the purposes of section 13(2) of the Employment Agencies Act 1973 when Introducing Candidates for direct Engagement by the Client. The Client irrevocably authorises the Agency to act on its behalf in sourcing and Introducing Candidates and, where requested, to advertise for Candidates using such methods as may be agreed.

3. Notification and Fees

The Client agrees to:

(a) notify the Agency at the time any Engagement Offer is made to a Candidate;

(b) notify the Agency immediately upon any Engagement Acceptance and provide full details of the agreed Remuneration; and

(c) pay the Introduction Fee, calculated in accordance with this clause 3, by the due date specified in clause 3.4.

3.1 Introduction Fee Trigger

The Introduction Fee shall be payable if Engagement Acceptance occurs at any time within twelve (12) calendar months from the date of the Introduction, regardless of the position, duties, location, or basis on which the Candidate is Engaged.

3.2 Calculation of the Introduction Fee

The Introduction Fee is payable upon Engagement Acceptance and shall be calculated based on:

(a) the Candidate’s agreed working hours per week; and

(b) eight (8) weeks of the Candidate’s gross Remuneration, calculated on an annualised basis.

The Introduction Fee shall be payable in full by the due date specified in clause 3.4.

3.3 Extension Fee

An Extension Fee shall become payable by the Client if, at any time following Engagement Acceptance, the Client increases the Candidate’s:

working hours,

duties or responsibilities,

duration of Engagement, or

scope of services,

beyond those on which the original Introduction Fee was calculated.

The Extension Fee shall be calculated using the methodology set out in clause 3.2 and shall be payable irrespective of:

(a) the reason for the increase;

(b) whether the increase is temporary or permanent; or

(c) whether the Client provided prior notice to the Agency.

3.4 Payment of Fees

The Introduction Fee shall be payable within seven (7) calendar days of the date of the Agency’s invoice, which may be issued at any time on or after Engagement Acceptance.

All fees payable under these Terms, including the Introduction Fee, Extension Fee, and any Cancellation Fee, shall be paid in full in GBP Sterling by bank transfer to an account nominated by the Agency.

The Client shall ensure the full invoiced amount is received and shall bear all bank charges, currency conversion costs, and transfer fees.

3.5 VAT

Where applicable, VAT shall be charged at the prevailing rate on all fees.

3.6 Refunds

All Agency fees are strictly non-refundable.

4. Replacement Guarantee

If the employment of a Candidate Introduced by the Agency is terminated within twelve (12) weeks of the commencement of employment, the Agency will provide one replacement Candidate at no additional cost, provided all of the following conditions are satisfied:

(a) the original Introduction Fee has been paid in accordance with clause 3;

(b) the Agency is notified in writing within seven (7) days of the date of termination;

(c) the Client’s requirements, job description, and expectations remain unchanged from those agreed prior to commencement; and

(d) the Client has not acted unreasonably or in breach of contract towards the Candidate.

4.1 Exclusions

The replacement guarantee shall be void where termination arises from or relates to:

(a) changes to duties, hours, or working arrangements not previously agreed;

(b) unreasonable or unsafe working conditions;

(c) the Client’s breach of contract, misconduct, or failure to provide a suitable working environment; or

(d) any circumstance outside the Agency’s control.

4.2 Availability of Replacement Candidates

The Agency will use reasonable endeavours to source a replacement Candidate, but:

no guarantee is given that a suitable replacement will be available; and

the Agency shall have no liability if a suitable replacement cannot reasonably be found.

5. Introductions to Third Parties

5.1 Confidentiality of Candidate Information

All Introductions and Candidate information are confidential and provided solely for assessing the Candidate for a potential Engagement.

5.2 Third Party Introductions

If the Client discloses Candidate information to any third party, such disclosure shall constitute a Third Party Introduction, whether or not the Agency has consented to or been informed of the disclosure.

5.3 Third Party Engagement Fee

Where a Third Party Introduction results in an Engagement of the Candidate by a third party at any time within twelve (12) months of the Agency’s Introduction to the Client, the Client shall be liable to pay the Agency an Introduction Fee as though the Client had Engaged the Candidate directly.

The fee shall become due and payable immediately upon the earlier of:

(a) the third party’s Engagement of the Candidate; or

(b) the Agency becoming aware of such Engagement.

6. Suitability Checks

6.1 Agency’s Obligations

The Agency shall use reasonable endeavours to assess suitability by taking reasonably practicable steps to:

(a) ensure the Engagement would not be detrimental to the Client or Candidate;

(b) ensure both parties are aware of legal or professional requirements; and

(c) confirm the Candidate is willing to work in the position.

6.2 Client’s Responsibility for Suitability

Notwithstanding clause 6.1, the Client remains solely responsible for determining suitability and for:

(a) verifying all references;

(b) confirming the Candidate’s right to work and obtaining any necessary permissions or visas;

(c) arranging any medical examinations or health checks; and

(d) ensuring all legal, professional, and qualification requirements are satisfied.

The Agency shall have no liability for the Client’s failure to carry out such checks.

7. Confidentiality and Data Protection

7.1 Candidate Data

All Candidate information is confidential and constitutes personal data under the UK GDPR and Data Protection Act 2018. It may only be used for evaluating the Candidate for a potential Engagement.

The Client undertakes to:

(a) process data lawfully and in accordance with Data Protection Legislation;

(b) use data only for the permitted purpose;

(c) not disclose data to third parties without written consent;

(d) not cause the Agency to breach Data Protection Legislation; and

(e) provide assistance reasonably required by the Agency to comply with its obligations.

8. General

8.1 Waiver

No waiver is effective unless in writing and signed by a director of the Agency. A waiver applies only to the specific circumstances for which it is given.

8.2 Severance

If any provision is found to be invalid or unenforceable, it shall be severed to the minimum extent required, and the remainder shall continue in full force.

8.3 Third Party Rights

No person who is not a party to these Terms has any right to enforce any of their provisions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

2) FEES

a. Permanent Placement is defined as a placement for any period of more than three consecutive months. The introduction fee for a Permanent Placement is 8 weeks of the Candidate’s gross salary plus VAT.

b. 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.

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

d. If a Client makes an offer of employment to a candidate while requesting they do not make the Agency aware (with the express purpose of bypassing the Agency’s fees) the full placement fee with be payable with a 50% surcharge.

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 employs 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.

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.

My Home Staff reserves the right to use its own discretion with regards to any situation or problem not itemised in its terms.