General Terms & Conditions
GENERAL
These Terms and Conditions constitute a legally binding contract between
The Nanny International (“TheNannyInt’l”) (hereinafter referred to as “the Agency”)
and
the Client (hereinafter referred to as “the Client”), covering the recruitment service and process for the Candidate (hereinafter referred to as “the Candidate”).
The Agency specializes in placing Childcare professionals (nannies, maternity nannies) and Private Household Service Providers, including but not limited to domestic housekeepers, personal assistants, governesses, domestic household couples, butlers, private chefs, house and estate managers, gardeners, chauffeurs, and security personnel. Additionally, the Agency provides consultancy services to the Client.
The Agency operates as a recruitment agency and not an employment agency.
Important Note: The difference between a recruitment agency and an employment agency is that if you secure a job through a recruitment agency, you become an employee of the employer, not an employee of the agency.
TERMS & CONDITIONS
1. Definitions
The Terms and Conditions constitute a legally binding contract between the Client and the Agency. The Client’s written instruction to the Agency to submit suitable Candidates for interviews, along with the arrangement of such interviews, shall be deemed acceptance of these Terms and Conditions by the Client.
1.1 The Client refers to any person, parent, family member, or third party appointed by such person, as named on the Client Registration Form, for whom the Agency has agreed to provide services in accordance with these Terms and Conditions.
1.2 The Candidate refers to a person introduced by the Agency to the Client to provide the requested services, whether for full-time or part-time employment, on a temporary or permanent basis.
1.3 The Agency’s Registration Fee refers to the initial fee required to initiate the search service, which must be paid in full before the Placement Fee is due.
1.4 The Agency’s Placement Fee refers to the full fee charged for securing the placement of a Candidate with a Client, payable after the initial Registration Fee has been paid.
2. Registration
2.1 Completion of the Agency’s Registration Form: All Clients and Candidates are required to complete the Agency’s online Registration Form in order to be accepted as a respective Client / Candidate by the Agency. For returning Clients, there is no need to resubmit the form for subsequent uses of the service; however, a new Registration Fee must be paid for each new search (position).
2.2 Acceptance of Terms & Conditions: By completing and submitting the Agency’s online Registration Form, both the Clients and the Candidates confirm their acceptance of the Agency’s Terms & Conditions electronically. This submission constitutes a binding agreement to comply with these Terms and Conditions.
2.3 Access to Terms & Conditions: After registration, Clients have the option to print out the Agency’s Terms & Conditions for their records or access them at any time via the Agency’s website. The Agency is not obligated to email this document.
3. The Client’s Rights & Obligations
3.1 The Client agrees to promptly notify the Agency, both verbally and in writing, when they intend to offer employment to one of the Agency’s Candidates. The Client must provide details regarding the start date, duration of the engagement, and the agreed salary/wages. The relevant Agency Fee must be paid to the Agency in accordance with the Agency’s Terms and Conditions for such placements/engagements.
3.2 The invoice for the Agency Placement Fee is generated immediately upon contract signing and must be settled within 5 business days from the date of the invoice or before the Candidate’s commencement date, whichever occurs earlier.
3.3 The Client is required to notify the Agency immediately if they wish to offer employment to a Candidate originally introduced by the Agency, regardless of whether the Candidate was initially hired by the Client. This applies if the Client interviewed the Candidate through the Agency or hired the Candidate for a temporary role and subsequently approached the same Candidate to offer any type of permanent employment. The Agency must be notified immediately, and the appropriate fee must be paid prior to the Candidate’s employment start date. Failure to comply will be considered an attempt to bypass the Agency and will incur a penalty surcharge of 50% above the placement fee. The Client will be held accountable for bypassing the Agency if they fail to inform the Agency within 5 working days of the employment offer being made. In such cases, the Client will be liable to pay the full Agency Fee, including a 50% penalty surcharge.
3.4 The Client is responsible for ensuring that the employment of the Candidate complies with all employment legislation applicable in the country of employment. The Client undertakes to be the sole employer of the Candidate.
3.5 Upon engagement, the Client must provide the Candidate with a formal Employment Contract for the said position. The said contract must include all the requirements of a legal and binding document as required by law within the country of employment.
3.6 The Client is responsible for paying all of the Candidate’s income tax and insurance contributions, as required by the employment regulations of the said country, including the application to obtain the necessary work permits and medical insurance requirements as mandated by the law of the said country. A copy of the signed contract must be emailed to the Agency within seven business days prior to the Candidate’s commencement date.
3.7 The Client is solely responsible for ensuring that the Candidate is eligible to work in the Client’s country, including obtaining and covering the costs of travel expenses, such as flights, transport, travel insurance, relevant work permits, visas, immigration requirements, and any necessary medical examinations and health-related inquiries where applicable, before the commencement of employment.
3.8 The Client must provide a copy of their passport as proof of identification before the Agency arranges any personal interviews with the Candidate.
3.9 If the position of employment is temporary and the Candidate subsequently rejoins the Client at any time after the agreed period for further employment, the Client must inform the Agency. The Client is required to pay the relevant placement fee for the new employment contract. The Client is prohibited from contacting the Candidate directly for any future bookings. If the original duration of temporary employment is extended, the Client must notify the Agency and pay an additional fee.
3.10 The Client agrees not to disclose any information regarding the Candidate to a third party. The personal details and contact information of the Candidate must be kept strictly ‘private and confidential’ by the Client. Any breach of this undertaking that results in the employment of the Candidate by a third party will render the Client liable for the full payment of the Agency’s placement fee.
3.11 The Client is responsible for paying the Candidate the agreed-upon salary for the hours requested to assess the Candidate’s suitability.
4. The Candidate’s Rights & Obligations
4.1 The Candidate acknowledges that the Agency operates solely as a referral and matching service, providing Clients with information regarding potential Candidates in exchange for a placement fee.
4.2 The Candidate commits to providing complete, accurate, and truthful personal and contact information to the Agency, as in the form of a written document, i.e. Resume / Curriculum Vitae – this should include detailed work history with contactable references upon the Agency’s request. The Candidate is solely responsible for ensuring the accuracy and correctness of all information provided on their registration forms. This includes, but is not limited to, the correct spelling of their first name and surname, nationality, date of birth, qualifications, and any other relevant details. The Agency will not be held liable for any errors or omissions in the information provided on the registration forms. In addition, the Agency is not authorized to make changes to the registration information. The Candidate is solely responsible to update their personal information promptly whenever a change is necessary. False or misleading information could result in the termination of the Agency’s services to the Candidate.
4.3 The Candidate undertakes not to disclose personal contact information such as full name, phone number, email address, postal address, or any other means of direct contact to prospective Clients during the interview stage. If any such information is shared this will be considered and handled as a violation and could result in termination of the Agency’s services to the Candidate.
4.4 The Candidate’s information will only be disclosed to Clients by a Recruitment Consultant / Representative employed by the Agency. The Agency will not release the Candidate’s personal or contact information to third parties or disclose it to prospective Clients on the website without the Candidate’s explicit approval. Joining the Agency is free of charge, and there is no contractual obligation to remain with the agency for a specific duration. The Candidate may withdraw from the Agency at any time without incurring any fees or obligations.
4.5 Both the Agency and the Candidate acknowledges that no Employer / Employee relationship exists between the parties.
4.6 The Candidate cannot work for other Clients using the Agency’s name.
4.7 The Candidate hereby acknowledges and agrees that by registering with the Agency, they consent to the recording of all their interviews conducted as part of the possible hiring process. The purpose of recording these interviews is to use them for training purposes, quality assurance, and ensuring compliance with the Agency’s Terms and Conditions. The Candidate understands that these recordings may be retained, reviewed, and utilized internally by the Agency to enhance service quality and adherence to protocols. The Candidate confirms that they have no objection to being recorded during such interviews and that they grant the Agency the right to use these recordings for the aforementioned purposes, without requiring additional approvals or providing compensation. Furthermore, the recordings will be stored securely and only used for the specified purposes, and that the Candidate has the right to request deletion of their recordings after the process is completed.
4.8 The Candidate is required to promptly notify the Agency upon being offered employment, either directly or indirectly, by the Client or if the Client attempts to contact the Candidate directly without prior permission from the Agency. The Candidate agrees that once a contract is signed with the Client, the Candidate will email the signed copy of the Employment Contract to the Agency before commencing employment.
4.9 The Agency reserves the right to terminate any and all agreements with the Candidate at any time, for reasons including but not limited to unprofessional conduct, misrepresentation of the Agency’s image or name, lateness, no-shows, drug or alcohol abuse, and the existence of a previous or current criminal record.
4.10 The Agency makes no representations or warranties to the Candidate regarding any Client. The Agency solely offers an introductory service connecting the Candidate with prospective Clients and referring their name and portfolio to suitable Clients. The Agency cannot guarantee that a Candidate will be interviewed or hired by any prospective Client, nor can the Agency guarantee the duration of employment once hired. Any and all Candidate/Client interviews, police checks, CRB checks, First Aid training, or other required training shall be the responsibility and at the expense of the Candidate. The Agency acknowledges and will exercise due diligence in its services, while still limiting liability for issues beyond its control.
4.11 The Candidate must discuss and confirm salary/wages (for temporary or permanent position) and all working conditions directly with the Client during the interview stage. The Candidate must request the Client to sign a Work Agreement before commencing any type of work, including temporary positions, or a permanent role. The Agency cannot be held responsible for salary/wage negotiations, loss of income, termination of employment, or changes in working conditions resulting from work with the Client.
4.12 The Candidate retains the right to decline work with a particular Client and may request placement with another Client at their discretion. The Candidate releases the Agency, its officers, agents, employees, and affiliates from all claims, liabilities, injuries, demands, suits, actions, or causes of action arising from the actions of the Agency or the release of any information by the Agency.
4.13 The Candidate, the Client and the Agency all agree that the Agency shall not be liable to the Candidate, or any other individual, including the Candidate’s family, successors, heirs, and assigns, for incidental or consequential losses, damages, or expenses arising directly or indirectly from any action or failure by a Client. All parties further confirm that this written agreement encompasses the entire understanding between them, the Candidate, the Client and the Agency, with no additional representations, warranties, collateral agreements, or conditions affecting this agreement unless explicitly stated.
4.14 The Candidate must be willing to sign a Confidentiality Agreement before commencing any position and/or Employment.
4.15 The Candidate acknowledges and agrees that the Candidate will not initiate employment with the Client or travel to the Client’s destination unless the Agency confirms that the full invoice fee has been paid by the Client.
4.16 The Candidate agrees to fully comply with the Agency’s Terms and Conditions, procedures, instructions and requests, including refraining from traveling or commencing Employment with the Client prior to settling the Agency’s fee and payment, therefore, preventing the commencement and performance of duties in the event that the Client fails to make payment to the Agency within 5 business days.
4.17 If the Candidate commences the Employment or continues working for the Client after being instructed by the Agency to cease and withdraw from the placement immediately, (such instances occurring due to the Client’s failure to pay the Agency fee), the Agency reserves the right to demand the full payment of the fee from the Candidate.
4.18 Limitation of Liability – The Candidate understands and agrees that the Agency acts solely as an intermediary, providing an introduction service between Candidates and Clients. Under no circumstances is the Agency responsible for securing or guaranteeing employment for the Candidate with any Client. The Agency is not liable if the Client changes their mind at the last minute, decides not to proceed with hiring the Candidate, or chooses to hire a different Candidate for the role. Both the Candidate and the Client are responsible for verifying the accuracy of the information provided and determining the suitability of the Candidate for the role. Likewise, the Candidate hereby acknowledges that they cannot hold the Agency responsible for any Client’s decision that results in the Candidate not being employed.
4.19 Should the Candidate opt to terminate the contract with the Agency’s Client, the Candidate is required to inform the Agency beforehand. In such instances, the Candidate is not entitled to request any additional payments or compensation.
5. Interviewing Process
The Client must provide the Agency two documents, a copy of their national identity document and passport as proof of identification. No personal interviews will take place before the Client provides these documents to the Agency and not before they have paid in full the Registration Fee. The initial interview, during which the Candidate will be introduced to the Client will be arranged and conducted in person by the Agency, together with an Agency representative over the phone, via Zoom, WhatsApp, or Skype.
6. Non-Disclosure & Communication Protocol
6.1 The Candidate agrees not to disclose any personal contact details or engage in direct communication with the Client. This includes but is not limited to sharing passport details or any other sensitive documents. Failure to comply may result in legal consequences or termination of the Agency’s relationship with the Candidate.
6.2 All communication regarding potential arrangements or any other matters must be conducted exclusively through the Agency. Direct communication between the Candidate and the Client is strictly prohibited.
6.3 If the Client contacts the Candidate directly and requests personal details or any other information, the Candidate must immediately inform the Client that all communication and arrangements must be coordinated through the Agency.
6.4 Failure to adhere to this communication protocol may result in the Candidate violating the Agency’s Terms and Conditions. If the Candidate bypasses the Agency and proceeds to communicate or travel at the Client’s request, they do so at their own risk and may face legal consequences.
7. Agency’s Rights & Obligations
7.1 The Agency operates as a matching service that introduces compatible and suitable Candidates with the primary purpose of facilitating connections between individuals seeking to enter a service contract with the Client.
7.2 The Agency endeavours to assess the suitability of Candidates for introduction to the Client by obtaining a minimum of two references for each Candidate. However, the ultimate responsibility for determining a Candidate’s suitability for engagement or employment rests solely with the Client.
7.3 The Agency bears no responsibility for the Employment contract between the Client and the Candidate. All matters related to the contract are to be arranged directly between the Client and the Candidate.
7.4 Under no circumstances can the Agency be held responsible, nor does it accept liability, for any loss, damage, delay, inconvenience, or costs arising from damage to property, theft, death, injuries, or accidents experienced by the Client, the Client’s family, servants, or assets, whether directly or indirectly caused during the Candidate’s employment or introduction. This exclusion of liability applies even if such issues arise from the acts or character of the Candidate introduced by the Agency, or to the extent permitted by law, in relation to services provided by the Agency, including those resulting from negligence, fraud, or dishonesty.
7.5 The Agency does not provide any warranty regarding the Candidate’s suitability, personality, character, honesty, or reliability.
7.6 The Agency does not directly or indirectly employ any Candidates. Candidates are introduced to the Client and are employed solely by the Client. The Candidate always remains under the direct supervision of the Client.
7.7 The Agency is authorized to record all Zoom meetings, including those involving the Client and the Candidate, without prior notice. This measure is in place to uphold the Agency regulations. These recordings are kept strictly private and confidential and will not be disclosed to any third parties.
7.8 The Agency reserves the right to modify its Terms and Conditions at any time without prior notification. Any changes will be posted on the Agency’s website. It is the Client’s responsibility to review these Terms and Conditions periodically for any updates. Continued use of the Agency’s services after changes have been made constitutes acceptance of those changes.
7.9 The Agency reserves the right to modify the fee structure or Terms of Business at any time without prior written notification to Clients and Candidates. The most recent version of the Agency’s Terms and Conditions, as well as the current fee structure, will always be available on the Agency’s official website. Clients and Candidates are responsible for regularly reviewing the website to stay informed of any changes.
8. Fees
8.1 The Placement Fee is determined based on whether the placement facilitated by the Agency is a Permanent or Temporary Placement. The fee will be charged in accordance with the Agency’s fee structure.
8.2 The Agency Registration Fees are non-refundable.
8.3 If a Candidate introduced by the Agency is rejected by the Client, or if the Candidate rejects an offer of employment, the Placement Fee will still be payable if the Candidate is subsequently employed by the Client at any time.
8.4 The Agency’s invoice must be paid in full no later than 5 working days before the Candidate is scheduled to commence Employment or Engagement with the Client. For overseas placements, the invoice must be settled by the Client at least 5 working days before the Candidate’s departure. For temporary placements, the Client agrees to pay the invoice before the temporary placement begins. The Candidate will not commence Employment or Engagement until the invoice is fully settled.
9. Additional Fees
9.1 If the Client employs a Candidate introduced by the Agency and fails to inform the Agency within 5 business days, the Placement Fee payable by the Client will be subject to a 30% surcharge.
9.2 If a temporary position subsequently becomes a permanent position, the Client is required to pay the full Agency Placement Fee for the permanent position.
9.3 If a Candidate employed by the Client on a temporary basis is re-employed by the Client within six calendar months after the termination of the original period of Employment (whether on a temporary or permanent basis), a further Agency Placement Fee shall be payable by the Client to the Agency. This fee shall be equivalent to the Agency Placement Fee that would have been payable if the Agency had introduced the Candidate to the Client at the time of re-employment.
9.4 In the event that the Client does not hire a Candidate following the initial introduction by the Agency but subsequently approaches the Candidate directly (not through the Agency) within three years of the initial introduction and offers Engagement, the Client shall be liable to pay the Agency the Placement Fee that would have been payable if the Agency had introduced the Candidate to the Client.
10. Offer & Acceptance of Employment
10.1 A verbal or written offer of Employment/Engagement from the Client does not guarantee or create a binding commitment of employment for the Candidate, nor does it confer any legal rights to employment if the Client decides otherwise. The Candidate remains free to continue or initiate other job searches and may accept alternative employment offers at their discretion. An employment relationship between the Client and the Candidate is established and considered legally binding only after an Employment Contract has been signed by both parties.
10.2 Candidates are advised not to incur any expenses or make any financial commitments related to their anticipated employment, including but not limited to transportation arrangements (such as taxi, train, or airfare), vaccinations, health check-ups, criminal background checks, training, or purchases of personal items for the role, until a contract has been duly signed by both parties. The Candidate must wait for the formal Employment Contract to be signed before proceeding with any preparations that might involve financial expenditure.
11. Cancellation of Booked Assignment
11.1 If the Client withdraws a confirmed job offer or cancels a booked assignment before the Candidate’s start date, the Client must pay a 30% cancellation fee of the Placement Fee to the Agency, regardless of the reason for cancellation. If the Placement Fee has already been paid, the Agency may either refund the amount minus the 30% cancellation fee or allow the Client to apply the full amount as a credit toward their next search. Should the Client cancel a confirmed booking while the Candidate is already employed or on the day of commencement, the full Agency Fee remains non-refundable.
11.2 Once the fee is converted into a credit, it is ineligible for a refund. If the Client utilizes the remaining credit for another search and subsequently cancels the booking, the remaining credit will no longer be eligible for a refund. However, the outstanding amount of the credit will be retained by the Agency and may be applied by the Client within a 6-month period from the date of their last cancellation for any future search.
11.3 The payment of the cancellation fee is due within 5 business days of the invoice date. If the Client cancels a confirmed booking during the Candidate’s employment for any reason, the full Agency Fee remains non-refundable. In such cases, an additional payment equivalent to 2 weeks’ salary is required to compensate the Candidate for their loss of earnings.
11.4 If a Candidate opts to cancel a confirmed and paid booking before or during their temporary or permanent employment, or if they are unable to perform their duties for valid reasons, the Agency will provide a replacement Candidate at no additional cost for the remaining paid and unused period. However, if the Client chooses not to accept a replacement Candidate from the Agency or decides not to utilize the Agency’s services to find a suitable replacement, the Placement Fee remains non-refundable.
11.5 To qualify for a refund, the Client must submit a written request for a refund by email directly to the Agency within 24 hours of the Candidate’s departure. This request will be considered for the purposes of lodging a formal request for credit with the Agency.
12. Termination of Employment
All instances of termination of employment where a replacement is claimed must be notified in writing to the Agency within 3 days of the Termination of Employment.
13. Replacements (Temporary & Permanent)
13.1 If either the Candidate or the Client opts to terminate the employment within 12 weeks from the date of commencement, the Agency will provide a replacement Candidate at no additional cost. The Client is entitled to one complimentary replacement Candidate. The Agency is required to present the Client with a minimum of three Candidate profiles for a free replacement, utilizing the information initially provided in the Client’s registration form. These profiles will be delivered within 2 months of notification.
13.2 The Agency accepts no liability and is not obliged to offer a replacement or any refund if the Client finds the profiles unacceptable and does not wish to engage any of the potential Candidates. Neither the Client nor the Agency may discriminate unlawfully or breach the provisions of the *Equality Act 2010 when selecting Candidates for either an initial placement or a replacement. The Agency will not accept the refusal of a Candidate or a replacement Candidate on any grounds other than legitimate ones.
13.3 The Client will be eligible for only one replacement Candidate under the following conditions and will no longer be eligible for a replacement after the first Candidate has been replaced.
13.4 The Agency will provide a replacement if the following conditions are met:
1. The Client has paid the full registration fee prior to the interview commencement.
2. The Client has paid the placement fee in full within 5 business days from the invoice date and prior to the Candidate’s start of employment.
3. The Client has notified the Agency in writing within 3 days of the intended termination of the Candidate’s employment.
4. The reason for the termination of employment is in accordance with the Candidate’s employment contract (e.g., serious misconduct, consistent illness, etc.).
5. The Candidate did not cancel the engagement due to unreasonable requirements by the Client.
6. The Client did not change the employment conditions, such as working hours, location of employment, or duties, as originally agreed by the Candidate and Client in the contract.
7. The Candidate’s working and living conditions, and the Client’s treatment of the Candidate, were satisfactory. The Agency’s decision will be final in this respect.
8. The Client was not physically or verbally aggressive toward the Candidate or any member/representative of the Agency.
9. The Client complied with all legal obligations within the residing country, including the Candidate’s taxes and contributions. A copy of the Candidate’s last pay slip must be provided as proof.
14. Professional Conduct & Behaviour
The Agency maintains a zero-tolerance policy towards rude behaviour and abusive language directed at Clients, Candidates, or Agency members. Any unprofessional conduct of this nature will result in the immediate termination of Agency services for the individual responsible. Such individuals will be removed from the Agency’s records, and no refunds or replacements will be provided for any services already rendered. By engaging with the Agency, you agree to uphold a standard of respect and professionalism in all interactions.
15. Copyrights – Any material found within the pages of our website including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way. Permission for any other use must be obtained by contacting The Nanny International Agency.
Governing Laws, Jurisdiction, No Class Action – These Terms shall be solely governed by the laws of the State of Israel, including their statutes regarding conflict of laws and may be solely brought to the competent courts of the Jerusalem District. You undertake not to initiate any class action, for any reason, against TheNannyInt’l and to claim your damages only according to this agreement.
*Reference Explanation re Quoted mentioned in Clause 13.2
The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.