Terms

The Wright Nanny Terms and Conditions

If you have any queries or questions regarding the terms and conditions please do not hesitate to speak to The Wright Nanny direct on (02) 9519 2928.

1.0 Contract
1.1 These terms and conditions shall represent a legally binding contract between the client or employer (the "Client") and The Wright Nanny (the "Agency"). The verbal or written instruction by the Client to the Agency to submit suitable Candidates for contact or interview shall constitute acceptance by the Client of these terms and conditions. The term "Candidate" means a person introduced to the Client by the Agency. The term “Replacement” means a Candidate that has been introduced to the Client to replace a previously unsuitable Candidate.

2.0 Fees
2.1 Fees are payable by the Client on the acceptance, either verbally or in writing, by a Candidate of a position with the Client. It is the responsibility of the Client to notify the Agency if a Candidate has been offered employment. Fees, at the current rate of the Agency's schedule of fees, are payable within seven (7) days from the date of the invoice submitted by the Agency. The Agency reserves the right to charge the Client a twenty five (25) percent surcharge on all accounts not settled within this period.

2.2 Permanent Placement fees are due in two instalments. The first instalment shall be fifty (50) percent of the whole Agency fee amount as described in the Agency Schedule of fees is due in full three (3) days prior to commencement of employment by the Candidate. The second instalment is due by the seventh day after the sixth week of commencement of employment by the Candidate.

2.3 Fees are due in respect of each Candidate taking up a position with the Client or as otherwise set out herein. If a Candidate returns to a Client at a future date or if a temporary or part-time engagement is extended then the appropriate additional fee shall become payable. In the case of a Candidate returning to a Client, this fee shall be the current full fee chargeable by the Agency for the relevant position, and in the case of a temporary or part-time engagement being extended, the fee shall be the difference between the fee actually charged and the fee that would have been charged if the Candidate had been engaged for the whole period. The Client agrees to notify the Agency of a re-engagement or extension of a temporary engagement.

2.4 In the case of temporary positions and unless otherwise agreed the relevant fee is based on the number of weeks initially requested. No refund or reduction from the Agency's current rate will be given if the number of weeks is subsequently reduced. If the temporary period is subsequently extended, then paragraph 2.3 above shall apply.

3.0 Confidential Information
3.1 All communication, whether written or oral and however communicated, shall be confidential between the parties. Should the Client pass on any information including, inter alia, details of Candidates, or recommend a Candidate to a third party resulting in a booking of permanent temporary or part time childcare employment then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.
    
4.0 Introduction by Third Parties
4.1 It is the obligation of the Client to immediately inform the Agency when a Candidate is introduced by the Agency who has already been introduced by a third party. If the Client does not so inform the Agency then it will be presumed that the introduction has been effected by the Agency and the relevant fee will become payable.

5.0 Liability
5.1 The Agency to the best of our ability will refer candidates to the client that have been selected, screened and match any specific Client requirements. However the final decision to employ a Candidate is the sole responsibility of the Client and the Agency does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and whether caused directly or indirectly from an act or omission of a Candidate introduced by the Agency. Similarly no warranty is offered in respect of the suitability, honesty, capability or character of any Candidate introduced by the Agency and employed by the Client. Candidates are not the employees of the Agency.

6.0 Guarantee
6.1 If a Candidate who has been confirmed as a permanent placement with the Client does not start employment, has their employment terminated (in writing) or leaves within six (6) weeks of starting employment with the Client, a replacement applicant will be sought and offered by the agency at no extra cost to the client subject to the following conditions;

6.1.1    the Agency is informed within two (2) days of the cancellation of the booking or the termination of the employment;
6.1.2    the Agency placement fee has been settled in full in accordance with current Agency schedule of fees;
6.1.3    the booking has not been canceled by the Candidate because of unreasonable demands by the Client;
6.1.4    the employee has not left because of unreasonable working conditions or because of a change in the job description or change in location; and
6.1.5    the Client is still intending to employ a child carer and the Agency is given four (4) weeks to find a suitable Replacement.

6.2 A maximum of two (2) further Replacements will be presented to the Client. If no suitable Candidate can be found or the client does not appoint a replacement, the first instalment fee as described in Paragraph 2.2 shall remain with the Agency and serve as an Administration fee for services rendered and the balance will be returned to the client or will not be payable subject to the following conditions:

6.3 Should an applicant introduced and engaged on a temporary basis be unsuitable and the agency is advised before the expiration of two hours, no fee is payable to the agency provided the temporary applicant is terminated within this time.

6.4 No refund will be given where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory.

7.0 Employer Obligations
7.1 The Wright Nanny would remind Clients that they must recognize all obligations as an employer. The Client is legally responsible for their employees, full time, casual or part time, Income Tax payments, Workers Compensation payments and if eligible, Superannuation levy.

7.2 The Client is required to comply with any legislation relating to Industrial Relations and Occupational Health and Safety.