Childcarer Terms and Conditions
Harmony at Home Limited Contract Terms for a Work-seeker
These terms and conditions are the contract between:
Harmony at Home Limited, a company incorporated in England and Wales under company registration number 07351678 and whose registered office is at Eagle House, 167 City Road, London EC1V 1AW. (the “Agency”)
Any person (the “Work-seeker), who approaches the Agency for a job opportunity with the Employment Agency’s client (the ‘Hirer’).
By visiting or using www.harmonyathome.co.uk or otherwise using employment agency services of the Agency, the Work-seeker agrees to be bound by them.
1. In this agreement, unless the context clearly indicates another intention:
1.1. Reference to one gender includes all other genders,
1.2. Reference to the singular includes the plural and vice versa,
1.3. Obligations undertaken by more than a single person are joint and several obligations,
1.4. Reference to a statutory provision is a reference to that provision as modified or re-enacted or both from time to time and to any subordinate legislation made under the statutory provision,
1.5. Reference to a document is a reference to that document as from time to time supplemented or varied,
1.6. Reference to writing includes fax, e-mail and similar means of communication,
1.7. Any reference to a person includes natural persons and partnerships, firms and other such unincorporated bodies, corporate bodies and all other legal persons of whatever kind and however constituted.
2. This agreement is to set out the terms and conditions between the Employment Agency and the Work-seeker whereby the Work-seeker has requested to the Employment Agency for a job opportunity with Employment Agency’s client (the ‘Hirer’). This agreement is accepted by the Work-seeker by visiting or using www.harmonyathome.co.uk or otherwise using employment agency services of the Agency, the Work-seeker agrees to be bound by them.
3. The Work-seeker agrees:
3.1 That the Employment Agency will only introduce the Work-seeker to the Hirer. The Employment Agency does not guarantee any recruitment or other kind of engagement by the Hirer which will depend upon the absolute discretion of the Hirer as per the procedure set out by the Hirer. If selected, the Work-seeker will be under the supervision, direction and control of the Hirer without any liability upon the Employment Agency;
3.2 That the type of work which will be sought on his behalf will be childcare;
3.3 That he is not an agent of the Employment Agency and does not have authority to enter into any commitment on its behalf unless specifically authorised in writing by the Employment Agency;
3.4 That neither this document nor the relationship between the Employment Agency and the Work-seeker constitutes a contract of employment or partnership and the Work-seeker has no rights pertinent to an employee against the Employment Agency;
3.5 The Agency warrants that:
3.5.1 it is an authorised franchisee of Harmony at Home Limited;
3.5.2 it has all necessary authority to perform its obligations set out in this agreement;
3.6 That the terms of this agreement constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except agreed in writing by Harmony at Home. The Work-seeker acknowledge that, in entering into this agreement, he does not rely on any representation, warranty or other term not forming part of this agreement;
3.7 To fully co-operate and complete the recruitment process under the instruction of the Hirer and to notify the Employment Agency immediately when any engagement is accepted with the Hirer;
3.8 That he has all qualifications, whether medical or occupational and skills and experience for the purpose required by the Hirer as communicated by the Employment Agency. All the certificates and information as given by the Work-seeker to the Agency in support of Work-seeker’s undertaking are self verified by him to be true and correct;
3.9 That he will not discuss the terms of this agreement and any information supplied by Employment Agency with any third party to the prejudice of Employment Agency’s business interest;
3.10 That he is aware of the legal or professional requirements that must be satisfied before the work in question is carried out and if selected or engaged by the Hirer, he will comply with:
3.10.1 all laws and regulations relating to work,
3.10.2 the specific instructions and policies of the hirer;
3.11 To indemnify the Employment Agency for any breach of this agreement on his part;
4. The Work-seeker understands that all information about the Hirers and details of any vacancy with them as may be communicated from time to time by the Employment Agency to the Work-seeker are confidential. If without the written approval of the Employment Agency, any such information is passed to a third party which results in loss of any income or business opportunity to the Employment Agency, the Work-seeker will be liable to indemnify Employment Agency’s loss of fee that it was to receive from the Hirer.
5. The Employment Agency endeavours to ensure the suitability of any Hirer introduced to the Work-seeker.
6. This agreement shall continue unless it is terminated as under:
6.1 By either party on a written notice of 30 days. This notice requirement of 30 days may be waived by the written consent of the party receiving such notice;
6.2 By either party immediately upon giving notice in writing or via email in the following circumstances:
6.2.1 the work-seeker is in breach of any of the terms of this agreement; or
6.2.2 the work-seeker is or becomes incompetent or negligent in respect of any of his obligations under this agreement as per the sole discretion of the Employment Agency; or
6.2.3 the work-seeker refuses to carry out the work reasonably and properly required of him under this agreement; or
6.2.4 the hirer terminates its agreement with the Employment Agency for which the work-seeker has been or was to be introduced.
7. Notwithstanding termination of this agreement for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.
8. The Work-seeker agrees that he will not during this agreement and within one year of its termination, by any means and neither for himself nor for any other person, directly or indirectly, advise, instruct, do or assist in any activity for the Hirer, the effect of which is to compete with the Employment Agency.
9. The Employment Agency shall not be responsible for obtaining work and other permits, for the arrangements of medical examination and/or investigation into medical history of any Work-seeker.
9.1 The Work-seeker agrees that Employment Agency may check the status of a DBS check, their references and their certificates as presented to the Employment Agency.
10. The Employment Agency shall not be liable to the Work-seeker under or in connection with this agreement for any indirect or for consequential loss or damage or any loss or damage to profit, revenue, savings, use, contract, goodwill or opportunity.
11. For the purposes of the Data Protection Act 1998 the Work-seeker consents to the processing of his all or any personal data (in manual, electronic or any other form) relevant to this agreement, by the Employment Agency and/or any agent or third party nominated by the Employment Agency and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.
12. Any notice or other information required or authorised by this agreement to be given by either party to the other may be given by hand or sent by first class pre-paid post, or electronic means to the other party at the address last provided for that type of communication.
13. The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
14. In the event of a dispute arising out of or in connection with this agreement and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the Employment Agency and the Work-seeker then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
15. This agreement shall be governed by and construed in accordance with the Laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the England and Wales courts.