Terms And Conditions
“Candidate” means the person introduced by the Agency to the Client for an Engagement
“Client” means the person, firm or corporate body together with any subsidiary or associated Company
“Agency” means Nanny and Keepers Enterprise Ltd.
“Engagement” means the engagement, employment or use of the Candidate by the Client or any third party on a permanent or temporary basis,
“Introduction” means (i) the Client’s interview of a Candidate in person, following the Client’s instruction to the Agency to search for a Candidate; or (ii) the passing to the Client of a curriculum vitæ or information which identifies the Candidate; and which leads to an Engagement of that Candidate;
“Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client.
2.1. These Terms constitute the contract between the Agency and the Client and are deemed to be accepted by the Client when following the receipt of these Terms and Conditions and continue with instructions to effect an Introduction.
2.2. These terms of business contain the entire agreement between the parties and prevail over any other terms of business or purchase conditions put forward by the Client.
Notification and fees
3.1. The Client agrees:
- a) To notify the Agency immediately of any offer of Engagement which the Client requests of the Agency;
- b) To notify the Agency immediately that its offer of Engagement to the Candidate has been accepted and to request details of the Remuneration from the Agency; and
- c) To pay the Agency’s fee within 7 days of the date of the invoice. The failure to do so will nullify the 1month guarantee period.
3.2. No fee is incurred by the Client until the Candidate accepts the offer of the Engagement whether such an offer shall be conditional or not, when the Agency will render an invoice to the Client for its fees.
3.3 The Agency requires the full invoice to be paid in advance of the Candidate’s employment commencing as per the due date on the invoice. The Candidate will not commence the Employment prior to full settlement of the invoice.
3.4 For avoidance of any doubt if the Client registers a vacancy for a certain amount of working hours, and after introduction of Candidates, the Client subsequently reduces the requested hours, the fee to the Agency would be payable by reference to that original requirements, but an increase however in the requested number of hours will only be effected in the following month or implemented in the current month after prorated payments have been made.
3.5. The Agency will charge interest rate of 10% on any fees that remain unpaid by the Client after the elapse of the “Billing Cycle”.
3.6 If during the Introduction process, the client’s requirements change from full time to part time or Live-in, the client is liable to pay the fee payable in relation to the changes made.
3.9 The Agency charges a non-refundable Registration Fee of N2500. This is to cover initial search of a suitable Candidate
4.1. In order to qualify for the following refund or replacement, the Client must pay the Agency’s fee within 7 calendar days of the date of the invoice and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.
4.2 The agency accepts no liability if the Client deems the replacement Candidate to be unacceptable.
4.3 The Client is not eligible for the 1 month guarantee period should the actual role change in any way from the role in which the candidate was originally recruited for. This includes, hours and days of work, duties set out for the role, salary changes, and changes in the families’ personal or financial situation or relocation of the family home.
4.4 The Client is not eligible for the 1 month guarantee period if the employment has been terminated due to unreasonable demands by the Client, or if the Client has been verbally, physically or sexually harassed towards the candidate or an Employee of the Agency
4.5 A Client is entitled to one free replacement only.
Suitability and References
5.1 The Agency endeavors to provide (based on request) records of background checks, references and personal details for all Candidates once they are offered a permanent role with a client. However, The Agency does not take responsibility if the Candidate is not able to provide the relevant paperwork for this to take place.
5.2. The Client shall satisfy itself as to the suitability of the Candidate and the Client shall take up any references provided by the Candidate to it or the Agency before engaging such Candidate
6.1 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence.
6.2 The Client is responsible for the safety and medical needs of any/all domestic workers and /or care givers (for babies and adult) engaged on a permanent or full time basis.