Terms and Conditions
Terms and Conditions for an NQN (Newly Qualified Nanny) Position
1. These terms and conditions (the “Terms and Conditions”) together with the completed instructions entitled “NQN Registration form” (the “Instructions”) which refer to and incorporate these Terms and Conditions constitute an agreement (the “Agreement”) between Norland College Limited (the “College”) and the Employer(s) described in the Instructions (the “Client”) for the supply of nanny services (by a newly qualified nanny) on a 12 month contract by the College to the Client.
2. These Terms and Conditions are deemed to be accepted by the Client on the date which is the earlier of the following: (i) the date of receipt by the College of the completed Instructions from the Client; (ii) the Client otherwise requesting an interview with or effecting a Placement of an Applicant; or (iii) the passing of any information about an Applicant to any third party following an Introduction.
3. For the purposes of these Terms and Conditions:
- “Applicant” means the person Introduced by the College to the Client for a Placement.
- “Introduce” means make an Introduction, and “Introduced” shall be construed accordingly.
- “Introduction” means the first to occur of the following: (i) the Client’s interview of an Applicant in person or by telephone, following receipt of a completed Instruction from the Client or any other request by the Client to the College to supply an Applicant; or (ii) the passing to the Client of a curriculum vitae or information which identifies the Applicant.
- “Placement” means the placement or employment or any other engagement of the Applicant by the Client or any third party on a permanent basis.
- “Placement Fee” means the amount as described in the Fee Schedule which is published on the website at www.norland.co.uk/agency and / or sent to the client with these Terms and Conditions.
- ”Week” means the contracted working week as defined by the Applicant’s contract.
Obligations of the Client
4. The Client shall provide the College with copies of the children’s birth certificates and a recent utility bill (not more than 3 months old) showing the employers’ home address before the Applicant may be interviewed by the Client. The Client shall also provide the College with a copy of their Employer Liability Insurance before the Applicant commences employment.
5. The Client shall immediately inform the College of any position offered to an Applicant. The Client must provide the College with the following information;
- The agreed gross annual salary which must be in accordance with the NQN salary guidelines, which are published on the Norland Agency website www.norland.co.uk/agency, and the proposed start date of employment.
- The Client shall also agree to the terms of notice outlined in the draft NQN contract.
6. All information and introductions (including CVs and contact details, however so provided) are confidential and must not be passed either directly or indirectly to any third party, including other potential clients or applicants. The full Placement Fee will be payable by the Client to whom details were originally given by the College if this condition is breached, whether or not the Applicant is employed as a result.
7. The Client agrees to reimburse all travelling expenses reasonably incurred by any Applicant (up to a maximum of £30) who is introduced as a potential Placement by the College and who presents themselves for an interview as a result of prior agreement with the Client.
8. The Client agrees to be fully responsible for providing the Applicant, if engaged, with regular payslips and ensuring that the correct deductions are made for tax and national insurance and are subsequently paid to the relevant tax authorities.
9. The Client agrees that where an Applicant is engaged and is eligible for a Workplace Pension, they will comply with the pension duties in respect of the Applicant in accordance with Part 1 of the Pensions Act 2008 or any other subsequent legislation.
10. The Client agrees to inform the College immediately, in writing, in the event of being seriously dissatisfied with the performance or conduct of any Applicant introduced by the College.
11. The Client will agree to provide information about the Applicant’s progress at months 1 and 10 of the Engagement. The Client agrees to complete an appraisal form as provided by the College, to fairly assess the Applicant’s performance during the Placement and will send this to the College at months 4, 8 and 12. The Client will allow an NQN Lecturer to visit the Applicant, with reasonable notice, at least once in the 12 month contract as well as allow the Applicant to complete the required nanny documentation required for the successful completion of their placement. The Client will agree for the NQN Lecturers to view and assess this documentation.
12. Details of the Placement Fee payable to the College by the Client are published on the website at www.norland.co.uk/agency and / or are sent to the Client with these Terms and Conditions. The College is entitled to invoice the Client for the full amount of the Placement Fee following agreement between the Client and the Applicant of the terms of any Placement (whether or not notified to the College pursuant to clause 5).
13. The Client agrees to pay the Placement Fee within 14 days of the College’s invoice being issued. Any amounts not paid under the Agreement when due will accrue interest at a rate equal to 4 percent above the base lending rate of NatWest Bank. Following the exhaustion of agreed credit terms, the College reserves the right to refer all matters of unpaid invoices to the courts.
14. In the event of cancellation of an agreed Placement by the Client before the Applicant commences employment with the Client, 50% of the Placement Fee will be charged by the College and will be payable by the Client within 7 days of receipt of the invoice.
15. The Placement Fee will be payable by the Client in full in relation to any Applicant engaged as a consequence of or resulting from an Introduction by or through the College, whether direct or indirect, within 12 months from the date of the original Introduction.
16. Introductions of Applicants are confidential (in accordance with clause 31 below). Notwithstanding the obligation of confidentiality, the disclosure by the Client to a third party of any details regarding an Applicant introduced by the College which results in the Applicant being engaged by the third party within 6 months of the original Introduction renders the Client liable to payment of the full amount of the Placement Fee which would have been payable had the Applicant been engaged by the Client on the terms set out in the Introduction. In this case, the Client will not be entitled to any refund with respect to such fee in any circumstances.
17. Subject to clauses 18 and 19 below, if the Placement is terminated by the Applicant within the first 8 Weeks of the date on which the Applicant commenced the Placement, a 10% refund of the Placement Fee received by the College from the Client will be made for each Week not completed up to 8 Weeks, up to a maximum of an 80% refund. No refund will be made in respect of any Week during part of which the Applicant continued to carry out any part of their contractual duties for or on behalf of the Client.
18. If the Client is responsible for terminating the Applicant’s Placement, a refund maybe given if: (i) the reason for the termination is serious dissatisfaction with the Applicant’s conduct or capability; (ii) the Applicant has been employed by the family for less than 1 year; and (iii) the Client has made a complaint in writing in relation thereto to the Principal / Senior Leader of Norland College. If the above conditions are satisfied, any applicable refund will be determined by the Principal or Senior Leader of Norland College at his/her sole discretion after meeting with the Applicant concerned to discuss the complaint.
19. Any refund in accordance with clauses 17 or 18 above will be payable only if the original invoice for the Placement Fee was paid by the Client in full within 14 days of issue and the College was notified in writing of the termination of the Placement within 7 days of the date of that termination.
Suitability of Applicant
20. The College shall use its reasonable endeavours to identify a suitable Applicant for a Placement on the basis of the information set out in the related Instructions. However, the College shall not (subject as otherwise provided in clause 29) be responsible for any loss or liability of or incurred by the Client in the event that the College is unable to identify an Applicant that the Client deems to be suitable. When making an Introduction of an Applicant to the Client the College shall use reasonable endeavours to notify the Client of the identity of the Applicant and that the Applicant has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work for the Client for the duration of the Placement but the College shall not (subject as otherwise provided in clause 29) be liable for any loss or liability or incurred by the Client in the event that such notifications are not so made or are made but are inaccurate.
21. The Client acknowledges that the Applicant is still in training.
22. The College will provide the Client with one reference from the College and will incorporate information from an additional validated reference (from persons who are not relatives of the Applicant) into the profile information used to introduce the Applicant. Any additional references required will be provided by the Applicant to the Client.
23. The College agrees to ensure a valid DBS (Disclosure and Barring Service) check is in place prior to the Applicant’s CV being sent to the client. If the Client wishes for a new DBS check to be carried out on a successful applicant, the College will undertake to obtain this on the Client’s behalf. The Client shall be responsible for paying any costs related to obtaining this new DBS check.
24. The College shall endeavour to take all such steps as are reasonably practicable to ensure that it would not be detrimental to the interests of either the Client or the Applicant for the Applicant to work in the position which the Client seeks to fill.
25. Notwithstanding any other provision of the Agreement, the Client shall be responsible for satisfying itself as to the suitability of the Applicant and the Client shall take up any concerns regarding the references provided by the Applicant or the College before engaging the Applicant. An Applicant cannot be employed overseas by a Client.
26. The College does not provide any legal advice to either its employer clients or the NQN or to the general public in relation to the employment status of the NQN that we may place. The Norland website and other published material may contain general information about legal issues and the ways in which the NQN can be legally employed. This information is intended to provide only general information and comment. This information does not constitute legal advice, and should never be treated or relied on as such. You must not rely on the information on the Norland website or any of our published material as an alternative to legal advice from your solicitor or other professional legal services provider.
27. Norland makes reasonable efforts to ensure that the content on the Norland website and all other material that Norland publishes is complete, accurate, and up-to-date. Norland does not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate or up-to-date. Norland does not guarantee the accuracy of any information contained on websites to which the Norland website provides links.
28. Professional or specialist legal advice should always be sought before taking any action relating to employing or to the employment of a NQN. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on the Norland website or published material.
29. Subject as otherwise mentioned in this clause below the College shall not be liable under any circumstances for any loss, expense, damage, delay, costs, profits 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 College seeking to introduce an Applicant to the Client, from the Introduction to or Placement of any Applicant by the Client, from the failure of the College to introduce an Applicant or otherwise in connection with the College’s obligations under the Agreement. For the avoidance of any doubt, the College does not exclude liability for death or personal injury arising from its own negligence.
30. Once an NQN Placement is confirmed, the College will supply the Client with a draft contract. This is a specimen contract of employment for the sole use of Clients of the College. It is intended only to be a draft and not a definite contract. The circumstances of each employment must be taken into consideration before completing and signing and it is recommended that the Client seeks legal advice. The College cannot agree to an Applicant starting a Placement until a copy of the contract, signed by both parties has been seen and agreed by the College. The College cannot accept any liability for any losses that may arise from either party in relation to any employment contract that is entered into between the parties.
Confidentiality and Data Protection
31. All information provided by either party to the other, including but not limited to any personal details relating to the Applicant or the Client, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Applicant, as the case may be.
32. Records of all registrations will be held by the College as per the College’s Data Protection Policy which is in accordance with the Data Protection Act 1998.
33. The College is a registered data controller with the Information Commissioner’s Office and as such will comply with its obligations under the Data Protection Act 1998 (the “DPA”) and will not pass on, share or sell the Client’s information to any third parties for any other reasons than those the Client has consented to.
34. The Client shall indemnify the College against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services or out of any breach of any part of these Terms and Conditions.
35. Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
36. Any document constituting the Agreement may be executed in any number of counterparts and this has the same effect as if the signatures on the counterparts were on a single document.
37. The Agreement contains the entire agreement between the parties in relation to the subject matter contained in it.
38. No variation of the Agreement can be made unless expressly confirmed by the College and the Client in writing.
39. The terms of the Agreement (including any non-contractual obligations arising out of or in connection with it) are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.