The Terms and Conditions set out below constitute an agreement between Marbella Nannies Agency, hereinafter referred to as the “Agency” and the family hereinafter referred to as the “Client”.  The “Client” shall also include any associate (e.g. employee) of the Client. No variation of these terms and conditions can be made unless expressly confirmed by the Agency in writing.

1. The Client must notify the Agency immediately an applicant accepts an engagement and pay the agency fee within 14 days of invoice. Non payment after 14 days will result in a 10% surcharge. Failure to pay may result in the client’s exclusion from the Agency files.  Outstanding fees may also be liable to an additional 10% surcharge for each subsequent month unpaid.

 2. An invoice will be calculated by the Agency as set out in the Agency Fees and is payable by the Client on the acceptance and not the commencement of employment.

 3. The Agency endeavours to ensure but does not fully guarantee the suitability of any applicant introduced to the Client. The Client shall therefore satisfy himself as to the applicant’s suitability, capability and integrity. It is the Client’s responsibility to ensure the chosen ‘Applicant’ is available to meet the requirements of the vacancy.

 4. (a) The Agency acts as an introduction agency only and does not directly or indirectly employ the applicant. The Clients contract of engagement is with the Applicant and not the Agency.  The ‘Applicant’ we refer to would have formal qualifications and or experience, or be any other persons whom we introduce as available for employment or hire by the Client. Prior to the commencement date the Agency assumes that all details of engagement between Client and Applicant have been agreed.

6. Temporary Placement

(a) Clients using temporary staff from the Agency must contact the agency to arrange working times and may not contact the Applicant direct without prior consent from the Agency.  All temporary Applicants supplied by the Agency will be charged at the normal supply staff rate. After the initial supply period, clients must contact the Agency to organise future supply work and pay subsequent supply fees as normal.  If clients employ temporary staff without the Agency’s knowledge, permanent placement fees will become payable to the agency.

(b) If the Applicant is engaged on a temporary basis and is subsequently engaged on a permanent basis or the temporary engagement lasts longer than three months the client will pay the Agency the full permanent fees less any already paid in respect of the temporary engagement.

(c) In the event of a temporary employee terminating employment within the agreed time scale then a percentage of the fee will be calculated and returned to The Client. However, if The Client terminates the agreement early, then there will not be a refund returned by The Agency for the unused period.

 7.  Replacement / Refund

8.  Cancellations

(a) In the event that the client wishes/needs to cancel booking prior to start date the Agency reserve the right to withhold 50% of the fee depending on the extenuating circumstances.

(b) A termination of employment due to clash of personalities does not qualify for a refund.

9. The Agency will not be liable under any circumstance for any misrepresentation, loss, damage or expense suffered or incurred by the Client either directly or indirectly, from any act or omission of any Applicant introduced by the Agency even if such act or omission is negligent or fraudulent or reveals any dishonesty.

10. Confidentiality

All introductions are strictly confidential and must not be passed either directly or indirectly to potential clients or applicants. The full fee will be payable by the client to whom the details were given by the Agency if this condition is breached.