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+44 (0)7726 266237 info@hamilton-wallis.com

Terms and Conditions

General

1.1 These Terms and Conditions represent a legally binding contract between Hamilton- Wallis Ltd (”the Agency”) and the client(s) covering the consulting service and the placement of a ”Candidate”. Hamilton-Wallis Ltd, the Agency, specialises in placing Doulas, Maternity Nurses, Nannies, Night Nannies, Sleep Trainers, Governesses and Household
Staff.

1.2 The Client agrees & acknowledges that the Candidate, once accepted & contracted by the Client, is employed by the Client and not the Agency. Any legal relationship which results is between the Client and the Candidate. The Agency suggests the Client seeks legal advice as to their obligations under these Terms and Conditions to the Agency and their obligations to the Candidate. The Agency does not employ any of the Candidates directly or indirectly. Candidates are introduced to Clients and so will remain employed by the Client.

In the event the Candidate is self-employed, (this may include Sleep Trainers, Maternity nurses and Doulas), the Candidate shall still be under the responsibility of the Client.

1.3 The Client is required to complete the Client Registration Form to be accepted as a client. If this is not possible, a signed Terms and Conditions will be required and returned to the Agency, before they are accepted and the search for a Candidate can begin. If registering online, filling the parental online registration form constitutes confirmation of acceptance of the Agency’s Term’s & Conditions.

1.4 The verbal or written instructions by the Client, or the Client’s appointed agent, to the Agency, for a suitable Candidate for placement with the Client, constitutes acceptance of these Agency’s Terms and Conditions by the Client.

1.5 Both the Agency and the Client shall not, whether on their own behalf or for any other person, firm or company, use or disclose to anyone any confidential information relating to the other (or to any of the other’s associated companies) or to the other’s affairs or conduct of the other. Any information received by the Agency will be treated confidentially and will

remain the property of the Agency. The Agency agrees to not provide this information to third parties, other than any prospective Candidates.

1.6 The Agency endeavours to provide the Client with Candidates as well suited to the Family’s requirements as possible. The Agency agrees to provide the Client with all relevant information concerning the Candidate and will check the Candidate’s details, documentation and references. However, the final responsibility for any decision to employ the Candidate rests with the Client. The Agency strongly advises the Client to check details, documentation and references themselves. As further detailed in clause 5.2, the Client is responsible for obtaining any visas which are necessary for the Candidate.

1.7 These Terms and Conditions represent the entire understanding between the parties and supersede all previous agreements and representations (including, but not limited to any statements made on the Agency’s website) made by or between the parties whether oral or written.

1.8 No term of these Terms and Conditions are intended for the benefit of any third party. The parties do not intend that these Terms and Conditions should be enforceable by a third party, either under the Contacts (Rights of Third Parties) Act 1999, or otherwise.

1.9 The headings in these Conditions are for convenience only and shall not affect the construction of these Terms and Conditions.

1.10 The Agency reserves the right to change or add to the above Terms and Conditions without prior notification, however all changes will be posted on this website. It’s your responsibility to check these Terms and Conditions in case there are any changes. Continuing to use the site and our services after a change has been made is your acceptance of the changes.

Fees

2.1 Registration Fee
A £50-00 (GBP) Registration Fee is payable upfront prior to commencement of our services, and is non-refundable. This amount is only refundable should one of our Candidates be successfully placed and will be deducted from our Placement fee.

2.2 Placement Fee

The Agency’s Current Charges for the placement of a Candidate (Placement Fee) are:

• The Placement Fee for a full time or part time Nanny and/or a Governess, and/or Domestic Household Staff in the United Kingdom is equivalent to 4 weeks gross salary payable to the Candidate, and overseas placements is equivalent to 6 weeks gross salary payable to the Candidate. This placement fee does not take into account bank holidays and is not based on a pro-rata basis.

• The Placement Fee for temporary employment of less than 60 days for a Nanny and/or a Governess, and/or Domestic Household Staff in the United Kingdom is equivalent to GBP 90 per week or GBP 20 per day.

• For the temporary placement of a Maternity Nurse in UK, the Placement Fee is equivalent to GBP 90 per week; overseas the Placement Fee is equivalent to GBP 100 per week.

A once off Consultancy Service, is also offered at a fee of GBP 150.

An Introduction Fee of GBP 150 is charged for Auxiliary Services such as sports coaches, music tutors etc.

2.3 All fees are VAT exclusive. With regards to payment by bank transfer, the Client is responsible for all corresponding fees related to the Bank transfer.

2.4 All Placement Fees are payable by bank transfer or by Pay Pal to the Agency on either commence of employment or signing of contract. The fees need to be paid within seven days from the date of invoice. A surcharge of 25% will be added to all fees if not settled after 7 days of the invoice date. Full payment is required before the Candidate commences work with the Client and the Candidate will not commence employment before the full settlement of the invoice. The Client will be held responsible for bypassing the agency in cases where the Client failed to inform the agency about the start of employment as mentioned in section 3.2 of these Terms and Conditions.

2.5 Any invoices not settled within 30 days from the invoice date will be passed to the Debt collector, resulting in additional charges to the Client.

2.6 The Client shall pay the Candidate reasonable traveling expenses for the attending an interview with the Client. The expenses to be paid by the Client are subject to agreement by both parties before the Candidate attends an interview.

2.7 Personal contact or interviews with prospective Candidates (or their acquaintances) will only be arranged once the Initial Fee has been paid in full by the Client via bank transfer or by credit card.

2.8 The Current Charges are subject to amendment and variation by the Agency. Any change to the Current Scale of Charges will be advised to the Client in writing.

2.9 The Placement Fee is non- refundable, with no exceptions, after the Client has approved the Candidate and the Candidate has accepted the offer of employment.

Additional Fees

3.1 If the Client wishes to extend any placement of a Candidate, from a temporary to a full- time position for a further period of time, the Client will be charged and then must pay the Agency the additional Placement Fee.

3.2 If the Candidate works for the client with the intention of bypassing the agency fees – by approaching the Candidate directly (not through the Agency) offering employment, then the Client shall be liable to pay the full Agency Placement Fee plus 30% penalty surcharge.

Cancellation of Booking

4.1 If a Client wishes to withdraw an offer of confirmed employment or cancels the confirmed booking prior to the Candidate’s start date, 25% of Placement Fee will be payable by the Client to the Agency as a cancellation fee. Payment will be due within seven working days from the date of invoice. In such circumstances one week’s salary is also payable to the Candidate to compensate for their loss of earnings. This applies if the withdrawal of an offer is through finding information not previously declared about the candidate.

The Clients Responsibilities

5.1 The Client is required to specify their exact requirements and expectations of the Candidate and provide full details of the type of work and period of employment for which the Candidate is required.

5.2 The Client, with reasonable cooperation from the Candidate, is responsible for obtaining all necessary work permits or visas where necessary. The Agency is not responsible for obtaining these work permits or visas. If information is provided by the Agency regarding visas and work permits, it is purely for information purposes and the Agency will not accept responsibility if that information is incorrect or no longer applicable.

5.3 The Client is responsible for arranging any appropriate medical examination of the Candidate required and for checking the medical history of the Candidate.

5.4 The Client agrees to notify the Agency immediately when a Candidate has accepted any employment with them and to supply details regarding the date of commencements, length of employment and rate of pay to the Agency. The Agency will verify the information provided by the Client with the Candidate.

5.5 If the Client has to delay the commencement of the employment of the Candidate (for example because of the birth of a baby later than expected) then the Client shall be liable to pay the Candidate the full agreed weekly salary from the agreed date to the date of actual commencement.

5.6 The Client cannot introduce, directly or indirectly, a Candidate (whether prospective Candidate or one employed by the Client) to any third party.

Replacement

6.1 The provisions of clause 6.2, 6.3 and 6.4 are conditional upon the Client having paid the appropriate Placement Fee and any other charges under this agreement in full to the Agency, within 7 days of receipt or prior to the commencement of employment of the Candidate; the working conditions and original job specification must have not changed and the Client must not be in violation of the Agency Terms and Conditions.

6.2 Subject to clause 6.1, if the Candidate cancels an accepted placement prior to the commencement date with the Client, the Agency agrees to provide a substitute Candidate of similar qualifications without further payment of the Registration Fee or Placement Fee (if already paid by the Client).

6.3 Subject to clause 6.1, if the employment relationship between the Candidate and the Client is terminated, the Agency must be notified by the Client in writing within 5 days of the

date, or proposed date, of the Candidate leaving. A substitute Candidate will be supplied with a similar profile if possible, as requested on the Client Application Form, at no extra charge to the Client. If the Candidate employment is terminated by the Client after the initial four week trial period, the Agency is not obligated to the Client to present further Candidates without further charge.

6.4 Notwithstanding clause 6.3 above, if the Candidate terminates employment with the Client prior to their commencement date, the Agency will present one replacement Candidate subject to the conditions in clause 6.1. Thereafter the Agency is no longer obligated to the Client to present any further Candidates.

6.5 If the Candidate terminates their employment contract with the Client at any time because the Client has breached the terms contained in the employment contract between the Client and the Candidate or has violated corresponding labour and/or civil /federal laws (including but not limited to, violence against children, violence against the Candidate, insulting or threatening the Candidate), or has provided an unsafe or hazardous work environment, the Agency will not be held responsible for the acts or omissions of the Candidate and will not provide the Client with a replacement Candidate.

6.6 The Agency fees are non-refundable. Should the Candidate leave the employment, the Agency will offer replacement Candidates free of charge. Such profiles will be selected based on the information originally provided in the Client’s registration form and will be provided within 2 months of notification. The agency accepts no liability and is not obliged to offer a Replacement or any refund if the Client finds the portfolios unacceptable and does not want to engage any of the potential Candidates.

The Agency will offer replacements if the following conditions have been satisfied:

– The Client paid the full registration fee prior to the interview commencement

– The Client has paid for the placement fee in full within seven days from the invoice date and prior to the Candidate’s start of employment.

– The Client has notified the Agency of the termination of employment of a candidate in writing within 7 days of termination.

– The Candidate has not cancelled the engagement due to unreasonable requirements by the Client.

– The Client has not changed the employment conditions, such as working hours, location of employment and duties as originally agreed by the Candidate and Client in the contract.
– The Candidate’s working conditions and/or the way the Client treated the Candidate were satisfactory. The Agency’s decision will be final in this respect.

– The Client was not physically or verbally aggressive towards the Candidate or an Agency representative.

– The Client followed their legal obligations, such as registration with HMRC, paid for Candidate’s taxes and NI contributions (proof must be provided- e.g. Candidate’s last payslip).

– The Contract was agreed without any discount. Clients that negotiated discounted fees are not eligible for a free replacement Candidate. (The 20% discount for returning clients does not fall under this)

– Should the Candidate leave after 6 weeks of employment (including the trial period), the Agency will agree to a 30% discount for finding a new Candidate should the client wish to continue the search with the Agency.

-Please note: once the Client advises the agency to look for a replacement Candidate and then finds a new Candidate via another source, the Agency will not offer any further replacements.

Liability

7.1 Under no circumstances shall the Agency be held responsible or liable for any loss, damage, delay, inconvenience, problems, death, injuries or accidents incurred or suffered by the Client, the Clients family, servants, or the Client’s assets caused directly or indirectly during employment or introduction of the Candidate.

7.2 The Agency’s liability under or in connection with these Terms and Conditions, howsoever that liability arises, shall be limited to the Placement Fee paid by the Client.

7.3 The Agency does not employ the Candidates introduced. Any contracts of Employment entered into between the Client and the Candidate are between those persons directly. The Client is responsible for complying with all employment, taxation, fiscal and other relevant legislation in their respective country The Agency is not responsible for any non-compliance by the Client or the Candidate or for any other loss which it is not permitted to exclude under law such as negligence and/or willful misconduct.
7.4 The Agency cannot guarantee that a Candidate will complete his or her proposed length of stay or engagement with the Client.

7.5 The Agency will not supply a replacement Candidate (or give any future discounts) if the Client has been in breach of any of the Agency’s Terms and Conditions. Neither will any replacement or refund apply if the Client changes the specifications of the position after the original placement has been made.

Termination

8.1 No replacement Candidate will be provided by the Agency if statements in the Family Profile Registration Form prove untrue and/or the conditions undertaken are not adhered to. The Agency will terminate its relationship with the Client should they find that the Client is in breach of any of the Agency’s Terms and Conditions.

Legal

9.1 These terms of business are covered by English law and all disputes arising out of or in connection therewith shall be subject to the jurisdiction of the English courts.

I/We, (full name/s), hereby accept and agree to these Terms and Conditions.

on (date)

(Signature)
PRIVACY POLICY & GDPR COMPLIANCE

Hamilton-Wallis Ltd has a Privacy policy which came into effect on 25 May 2018, in line with the General Data Protection Regulation, and Data Protection Act 2018.

Core Business :

Hamilton-Wallis is a Recruitment business who specialises in the placement of Nannies, Maternity Nurses, Nanny-Housekeepers, Mother’s Help, Au pairs, and other domestic or childcare services.

How our Information is gathered :

Clients and Childcare professionals provide us with information via our Registration forms, website, WhatsApp, email, telephone and other social media platforms. This is stored on our database with the purpose of providing childcare / household recruitment services.

The legal basis for processing personal data :

Consent:

When you register with Hamilton-Wallis, we ask for your consent in processing and storing your personal data. This consent is made on our Client Registration form or Candidate Registration form. We cannot provide you with our recruitment services without this consent as per our terms and conditions.

Legal Obligation:
We may be required to provide your details to Ofsted, DBS or other Regulatory organisations.

Information sharing:
Hamilton-Wallis has never and will never sell your data to any third party.

– Client’s Information:
(Client is a family / agency / nursery who requests our services to recruit a child carer and/or other household services)

We share your details and the job details with our candidates to find the best fit for your family.
When advertising the position, Hamilton-Wallis uses various recruitment sites, however your personal details are anonymous to respect your privacy.

– Candidate Information :
(Candidates are childcare / household staff seeking jobs)

We provide your details to the clients to find the best fit for the position.

We may also be required to share your details with external companies including DBS, Ofsted or Training providers.

On occasion, we may be requested to fulfil legal obligations to provide your details to external regulatory organisations.

Hamilton-Wallis may share personal information of clients and candidates with our employees for the purpose of matching the client and candidate.

Hamilton-Wallis may be required by law, to share your data, and/or if required to enforce or apply our terms and conditions and other agreements; or protect the rights, property, or safety of Hamilton-Wallis Ltd, our users, or others. This may include exchanging information with other companies and organisations.

Data Retention:
Hamilton-Wallis’s policy is to retain your data for 7 years from the date your data is non- active. This is the period within which we may need your data to establish, bring or defend a claim against Hamilton-Wallis Ltd.

For child carers and household staff, this period commences at the time that you confirm to us that you no longer require us to look for work for you.

For clients, this period commences at the time of employment of one of our candidates and our services are no longer required.

Legally, you have the right to request for your data to be deleted at any time by contacting us at :
Email: info@hamilton-wallis.com Exceptions:
– Where the law requires us to retain your data longer or delete it earlier.

– Where you exercise your right to have your data deleted, and we do not need to hold it in connection with any of the reasons permitted or required by law.
– Where we bring or defend a legal claim or other proceeding during the time we retain your data. In which case we will retain your personal information until those proceedings are complete and no further appeals possible.
– If there is a safeguarding issue or allegation where we are obliged to retain your data indefinitely.

Your rights:
These are your data protection rights:

– Right to be informed about processing of your personal data.
– Right of access to your personal data and how we process it.
– Right to rectification, correction of inaccurate or incomplete data.
– Right to erasure of your personal data. Also known a Right to be Forgotten. See section above regarding Exceptions as required by law.
– Right to restrict processing of your personal data.
– Right to data portability of your personal data. That is to move, copy or transfer your personal data.
– Right to object to the processing of your personal data
– Rights in relation to automated decision making including profiling – Right to withdraw consent at any time.

Cookie Policy:

Cookies are small text files that are put onto your computer’s hard drive via your web browser when you visit a website.

Hamilton-Wallis website uses cookies to collect information about how our visitors use our website. Some cookies are used to make our website work and others are used to improve your experience when visiting. This information is anonymous and includes such information as the number of visitors to our site, what pages on our site are visited and how our visitors find our website.
Google Analytics is used to do this, and it will also record your computers IP address. However, Google does not give Hamilton-Wallis access to this information.

Hamilton-Wallis also uses Facebook Pixel to find out who has visited our website.

You can disable Cookies on your internet browser. This will stop Google Analytics and Facebook Pixel from tracking your visit to pages within our website and may mean that you will not be able to use all the functionality of our website.

Enquiries and Complaints:

Hamilton-Wallis can be contacted at anytime regarding your data protection queries or requests.

If you have a complaint, please contact Nicola Leach. Email: info@hamilton-wallis.com
You may also contact the Information Commissioner’s Office directly at: ico.org.uk

Conditions of Use, Notices and Revisions

By visiting Hamilton-Wallis Ltd, your visit and any dispute over privacy is subject to this notice and our terms and conditions which will be construed according to English law.

General

 

  • These Terms and Conditions represent a legally binding contract between Hamilton- Wallis Ltd (”the Agency”) and the client(s) covering the consulting service and the placement of a ”Candidate”. Hamilton-Wallis Ltd, the Agency, specialises in placing Doulas, Maternity Nurses, Nannies, Night Nannies, Sleep Trainers, Governesses and Household

Staff.

 

 

  • The Client agrees & acknowledges that the Candidate, once accepted & contracted by the Client, is employed by the Client and not the Any legal relationship which results is between the Client and the Candidate. The Agency suggests the Client seeks legal advice as to their obligations under these Terms and Conditions to the Agency and their obligations to the Candidate. The Agency does not employ any of the Candidates directly or indirectly. Candidates are introduced to Clients and so will remain employed by the Client.

 

In the event the Candidate is self-employed, (this may include Sleep Trainers, Maternity nurses and Doulas), the Candidate shall still be under the responsibility of the Client.

 

  • The Client is required to complete the Client Registration Form to be accepted as a If this is not possible, a signed Terms and Conditions will be required and returned to the Agency, before they are accepted and the search for a Candidate can begin. If registering online, filling the parental online registration form constitutes confirmation of acceptance of the Agency’s Term’s & Conditions.

 

  • The verbal or written instructions by the Client, or the Client’s appointed agent, to the Agency, for a suitable Candidate for placement with the Client, constitutes acceptance of these Agency’s Terms and Conditions by the Client.

 

  • Both the Agency and the Client shall not, whether on their own behalf or for any other person, firm or company, use or disclose to anyone any confidential information relating to the other (or to any of the other’s associated companies) or to the other’s affairs or conduct of the other. Any information received by the Agency will be treated confidentially and will

 

 

remain the property of the Agency. The Agency agrees to not provide this information to third parties, other than any prospective Candidates.

 

 

  • The Agency endeavours to provide the Client with Candidates as well suited to the Family’s requirements as possible. The Agency agrees to provide the Client with all relevant information concerning the Candidate and will check the Candidate’s details, documentation and references. However, the final responsibility for any decision to employ the Candidate rests with the The Agency strongly advises the Client to check details, documentation and references themselves. As further detailed in clause 5.2, the Client is responsible for obtaining any visas which are necessary for the Candidate.

 

  • These Terms and Conditions represent the entire understanding between the parties and supersede all previous agreements and representations (including, but not limited to any statements made on the Agency’s website) made by or between the parties whether oral or written.

 

  • No term of these Terms and Conditions are intended for the benefit of any third The parties do not intend that these Terms and Conditions should be enforceable by a third party, either under the Contacts (Rights of Third Parties) Act 1999, or otherwise.

 

  • The headings in these Conditions are for convenience only and shall not affect the construction of these Terms and Conditions.

 

  • The Agency reserves the right to change or add to the above Terms and Conditions without prior notification, however all changes will be posted on this website. It’s your responsibility to check these Terms and Conditions in case there are any changes. Continuing to use the site and our services after a change has been made is your acceptance of the changes.

 

Fees

 

  • Registration Fee

A £50-00 (GBP) Registration Fee is payable upfront prior to commencement of our services, and is non-refundable. This amount is only refundable should one of our Candidates be successfully placed and will be deducted from our Placement fee.

 

 

2.2  Placement Fee

 

The Agency’s Current Charges for the placement of a Candidate (Placement Fee) are:

 

  • The Placement Fee for a full time or part time Nanny and/or a Governess, and/or Domestic Household Staff in the United Kingdom is equivalent to 4 weeks gross salary payable to the Candidate, and overseas placements is equivalent to 6 weeks gross salary payable to the This placement fee does not take into account bank holidays and is not based on a pro-rata basis.

 

  • The Placement Fee for temporary employment of less than 60 days for a Nanny and/or a Governess, and/or Domestic Household Staff in the United Kingdom is equivalent to GBP 90 per week or GBP 20 per day.

 

  • For the temporary placement of a Maternity Nurse in UK, the Placement Fee is equivalent to GBP 90 per week; overseas the Placement Fee is equivalent to GBP 100 per

 

A once off Consultancy Service, is also offered at a fee of GBP 150.

 

An Introduction Fee of GBP 150 is charged for Auxiliary Services such as sports coaches, music tutors etc.

 

  • All fees are VAT exclusive. With regards to payment by bank transfer, the Client is responsible for all corresponding fees related to the Bank transfer.

 

  • All Placement Fees are payable by bank transfer or by Pay Pal to the Agency on either commence of employment or signing of contract. The fees need to be paid within seven days from the date of invoice. A surcharge of 25% will be added to all fees if not settled after 7 days of the invoice Full payment is required before the Candidate commences work with the Client and the Candidate will not commence employment before the full settlement of the invoice. The Client will be held responsible for bypassing the agency in cases where the Client failed to inform the agency about the start of employment as mentioned in section 3.2 of these Terms and Conditions.

 

  • Any invoices not settled within 30 days from the invoice date will be passed to the Debt collector, resulting in additional charges to the Client.

 

 

  • The Client shall pay the Candidate reasonable traveling expenses for the attending an interview with the The expenses to be paid by the Client are subject to agreement by both parties before the Candidate attends an interview.

 

  • Personal contact or interviews with prospective Candidates (or their acquaintances) will only be arranged once the Initial Fee has been paid in full by the Client via bank transfer or by credit card.

 

  • The Current Charges are subject to amendment and variation by the Agency. Any change to the Current Scale of Charges will be advised to the Client in writing.

 

  • The Placement Fee is non- refundable, with no exceptions, after the Client has approved the Candidate and the Candidate has accepted the offer of employment.

 

Additional Fees

 

  • If the Client wishes to extend any placement of a Candidate, from a temporary to a full- time position for a further period of time, the Client will be charged and then must pay the Agency the additional Placement Fee.

 

  • If the Candidate works for the client with the intention of bypassing the agency fees – by approaching the Candidate directly (not through the Agency) offering employment, then the Client shall be liable to pay the full Agency Placement Fee plus 30% penalty surcharge.

 

Cancellation of Booking

 

  • If a Client wishes to withdraw an offer of confirmed employment or cancels the confirmed booking prior to the Candidate’s start date, 25% of Placement Fee will be payable by the Client to the Agency as a cancellation fee. Payment will be due within seven working days from the date of In such circumstances one week’s salary is also payable to the Candidate to compensate for their loss of earnings. This applies if the withdrawal of an offer is through finding information not previously declared about the candidate.

 

The Clients Responsibilities

 

  • The Client is required to specify their exact requirements and expectations of the Candidate and provide full details of the type of work and period of employment for which the Candidate is required.

 

 

  • The Client, with reasonable cooperation from the Candidate, is responsible for obtaining all necessary work permits or visas where necessary. The Agency is not responsible for obtaining these work permits or If information is provided by the Agency regarding visas and work permits, it is purely for information purposes and the Agency will not accept responsibility if that information is incorrect or no longer applicable.

 

  • The Client is responsible for arranging any appropriate medical examination of the Candidate required and for checking the medical history of the Candidate.

 

  • The Client agrees to notify the Agency immediately when a Candidate has accepted any employment with them and to supply details regarding the date of commencements, length of employment and rate of pay to the Agency. The Agency will verify the information provided by the Client with the Candidate.

 

 

  • If the Client has to delay the commencement of the employment of the Candidate (for example because of the birth of a baby later than expected) then the Client shall be liable to pay the Candidate the full agreed weekly salary from the agreed date to the date of actual

 

  • The Client cannot introduce, directly or indirectly, a Candidate (whether prospective Candidate or one employed by the Client) to any third party.

 

Replacement

 

6.1 The provisions of clause 6.2, 6.3 and 6.4 are conditional upon the Client having paid the appropriate Placement Fee and any other charges under this agreement in full to the Agency, within 7 days of receipt or prior to the commencement of employment of the Candidate; the working conditions and original job specification must have not changed and the Client must not be in violation of the Agency Terms and Conditions.

 

  • Subject to clause 6.1, if the Candidate cancels an accepted placement prior to the commencement date with the Client, the Agency agrees to provide a substitute Candidate of similar qualifications without further payment of the Registration Fee or Placement Fee (if already paid by the Client).

 

  • Subject to clause 6.1, if the employment relationship between the Candidate and the Client is terminated, the Agency must be notified by the Client in writing within 5 days of the

 

 

date, or proposed date, of the Candidate leaving. A substitute Candidate will be supplied with a similar profile if possible, as requested on the Client Application Form, at no extra charge to the Client. If the Candidate employment is terminated by the Client after the initial four week trial period, the Agency is not obligated to the Client to present further Candidates without further charge.

 

  • Notwithstanding clause 3 above, if the Candidate terminates employment with the Client prior to their commencement date, the Agency will present one replacement Candidate subject to the conditions in clause 6.1. Thereafter the Agency is no longer obligated to the Client to present any further Candidates.

 

  • If the Candidate terminates their employment contract with the Client at any time because the Client has breached the terms contained in the employment contract between the Client and the Candidate or has violated corresponding labour and/or civil /federal laws (including but not limited to, violence against children, violence against the Candidate, insulting or threatening the Candidate), or has provided an unsafe or hazardous work environment, the Agency will not be held responsible for the acts or omissions of the Candidate and will not provide the Client with a replacement Candidate.

 

  • The Agency fees are non-refundable. Should the Candidate leave the employment, the Agency will offer replacement Candidates free of Such profiles will be selected based on the information originally provided in the Client’s registration form and will be provided within 2 months of notification. The agency accepts no liability and is not obliged to offer a Replacement or any refund if the Client finds the portfolios unacceptable and does not want to engage any of the potential Candidates.

 

The Agency will offer replacements if the following conditions have been satisfied:

 

  • The Client paid the full registration fee prior to the interview commencement

 

  • The Client has paid for the placement fee in full within seven days from the invoice date and prior to the Candidate’s start of employment.

 

  • The Client has notified the Agency of the termination of employment of a candidate in writing within 7 days of termination.

 

  • The Candidate has not cancelled the engagement due to unreasonable requirements by the

 

 

 

  • The Client has not changed the employment conditions, such as working hours, location of employment and duties as originally agreed by the Candidate and Client in the contract.
  • The Candidate’s working conditions and/or the way the Client treated the Candidate were satisfactory. The Agency’s decision will be final in this respect.

 

  • The Client was not physically or verbally aggressive towards the Candidate or an Agency

 

  • The Client followed their legal obligations, such as registration with HMRC, paid for Candidate’s taxes and NI contributions (proof must be provided- e.g. Candidate’s last payslip).

 

  • The Contract was agreed without any Clients that negotiated discounted fees are not eligible for a free replacement Candidate. (The 20% discount for returning clients does not fall under this)

 

  • Should the Candidate leave after 6 weeks of employment (including the trial period), the Agency will agree to a 30% discount for finding a new Candidate should the client wish to continue the search with the Agency.

 

-Please note: once the Client advises the agency to look for a replacement Candidate and then finds a new Candidate via another source, the Agency will not offer any further replacements.

 

Liability

 

  • Under no circumstances shall the Agency be held responsible or liable for any loss, damage, delay, inconvenience, problems, death, injuries or accidents incurred or suffered by the Client, the Clients family, servants, or the Client’s assets caused directly or indirectly during employment or introduction of the Candidate.

 

  • The Agency’s liability under or in connection with these Terms and Conditions, howsoever that liability arises, shall be limited to the Placement Fee paid by the Client.

 

 

  • The Agency does not employ the Candidates introduced. Any contracts of Employment entered into between the Client and the Candidate are between those persons The Client is responsible for complying with all employment, taxation, fiscal and other relevant legislation in their respective country The Agency is not responsible for any non-compliance by the Client or the Candidate or for any other loss which it is not permitted to exclude under law such as negligence and/or willful misconduct.
  • The Agency cannot guarantee that a Candidate will complete his or her proposed length of stay or engagement with the Client.

 

  • The Agency will not supply a replacement Candidate (or give any future discounts) if the Client has been in breach of any of the Agency’s Terms and Conditions. Neither will any replacement or refund apply if the Client changes the specifications of the position after the original placement has been made.

 

Termination

 

  • No replacement Candidate will be provided by the Agency if statements in the Family Profile Registration Form prove untrue and/or the conditions undertaken are not adhered The Agency will terminate its relationship with the Client should they find that the Client is in breach of any of the Agency’s Terms and Conditions.

 

Legal

 

  • These terms of business are covered by English law and all disputes arising out of or in connection therewith shall be subject to the jurisdiction of the English courts.

 

 

I/We,                                                                                                                                                                                      (full name/s), hereby accept and agree to these Terms and Conditions.

 

on                                                           (date)

 

 

 

                                                                   (Signature)

PRIVACY POLICY & GDPR COMPLIANCE

 

 

Hamilton-Wallis Ltd has a Privacy policy which came into effect on 25 May 2018, in line with the General Data Protection Regulation, and Data Protection Act 2018.

 

Core Business :

 

Hamilton-Wallis is a Recruitment business who specialises in the placement of Nannies, Maternity Nurses, Nanny-Housekeepers, Mother’s Help, Au pairs, and other domestic or childcare services.

 

How our Information is gathered :

 

Clients and Childcare professionals provide us with information via our Registration forms, website, WhatsApp, email, telephone and other social media platforms. This is stored on our database with the purpose of providing childcare / household recruitment services.

 

The legal basis for processing personal data :

 

Consent:

 

When you register with Hamilton-Wallis, we ask for your consent in processing and storing your personal data. This consent is made on our Client Registration form or Candidate Registration form. We cannot provide you with our recruitment services without this consent as per our terms and conditions.

 

Legal Obligation:

We may be required to provide your details to Ofsted, DBS or other Regulatory organisations.

 

Information sharing:

Hamilton-Wallis has never and will never sell your data to any third party.

 

–             Client’s Information:

(Client is a family / agency / nursery who requests our services to recruit a child carer and/or other household services)

 

We share your details and the job details with our candidates to find the best fit for your family.

When advertising the position, Hamilton-Wallis uses various recruitment sites, however your personal details are anonymous to respect your privacy.

 

 

 

–             Candidate Information :

(Candidates are childcare / household staff seeking jobs)

 

We provide your details to the clients to find the best fit for the position.

 

We may also be required to share your details with external companies including DBS, Ofsted or Training providers.

 

On occasion, we may be requested to fulfil legal obligations to provide your details to external regulatory organisations.

 

Hamilton-Wallis may share personal information of clients and candidates with our employees for the purpose of matching the client and candidate.

 

Hamilton-Wallis may be required by law, to share your data, and/or if required to enforce or apply our terms and conditions and other agreements; or protect the rights, property, or safety of Hamilton-Wallis Ltd, our users, or others. This may include exchanging information with other companies and organisations.

 

Data Retention:

Hamilton-Wallis’s policy is to retain your data for 7 years from the date your data is non- active. This is the period within which we may need your data to establish, bring or defend a claim against Hamilton-Wallis Ltd.

 

For child carers and household staff, this period commences at the time that you confirm to us that you no longer require us to look for work for you.

 

For clients, this period commences at the time of employment of one of our candidates and our services are no longer required.

 

Legally, you have the right to request for your data to be deleted at any time by contacting us at :

Email: info@hamilton-wallis.com Exceptions:

  • Where the law requires us to retain your data longer or delete it

 

 

  • Where you exercise your right to have your data deleted, and we do not need to hold it in connection with any of the reasons permitted or required by law.
  • Where we bring or defend a legal claim or other proceeding during the time we retain your data. In which case we will retain your personal information until those proceedings are complete and no further appeals possible.
  • If there is a safeguarding issue or allegation where we are obliged to retain your data

 

Your rights:

These are your data protection rights:

 

  • Right to be informed about processing of your personal
  • Right of access to your personal data and how we process
  • Right to rectification, correction of inaccurate or incomplete
  • Right to erasure of your personal Also known a Right to be Forgotten. See section above regarding Exceptions as required by law.
  • Right to restrict processing of your personal
  • Right to data portability of your personal That is to move, copy or transfer your personal data.
  • Right to object to the processing of your personal data
  • Rights in relation to automated decision making including profiling – Right                                                                                                              to withdraw consent at any time.

 

Cookie Policy:

 

Cookies are small text files that are put onto your computer’s hard drive via your web browser when you visit a website.

 

Hamilton-Wallis website uses cookies to collect information about how our visitors use our website. Some cookies are used to make our website work and others are used to improve your experience when visiting. This information is anonymous and includes such information as the number of visitors to our site, what pages on our site are visited and how our visitors find our website.

Google Analytics is used to do this, and it will also record your computers IP address. However, Google does not give Hamilton-Wallis access to this information.

 

Hamilton-Wallis also uses Facebook Pixel to find out who has visited our website.

 

 

You can disable Cookies on your internet browser. This will stop Google Analytics and Facebook Pixel from tracking your visit to pages within our website and may mean that you will not be able to use all the functionality of our website.

 

Enquiries and Complaints:

 

Hamilton-Wallis can be contacted at anytime regarding your data protection queries or requests.

 

If you have a complaint, please contact Nicola Leach. Email: info@hamilton-wallis.com

You may also contact the Information Commissioner’s Office directly at: ico.org.uk

 

Conditions of Use, Notices and Revisions

 

By visiting Hamilton-Wallis Ltd, your visit and any dispute over privacy is subject to this notice and our terms and conditions which will be construed according to English law.