Terms & Conditions
THE HOUSE MANAGER’S NETWORK TERMS AND CONDITIONS
FOR THE YEAR 2019-2020
These Terms and Conditions of Business set out the basis upon which the Agency will provide its Services and will be deemed to come into effect when the Agency confirms acceptance of the Client’s Instructions orally, in writing or by email to the Client and/ or the Client verbally instructs the Agency to submit suitable Applicants for an Engagement.
It is agreed as follows:
1. Definitions and Interpretation
In this Contract, the following words and expressions shall have the following meanings (unless the context requires otherwise):
- “Agency” House Manager Network, LLC., a company incorporated in New Jersey under company registration number 0450407790 and whose registered office is registered in Trenton, New Jersey.
- “Agreement” means the agreement between the Agency and the Client for the provision of the Services incorporating these Terms and Conditions as evidenced by the acceptance by the Agency of the Client’s Instructions.
- “Applicant” means a person introduced by the Agency to the Client to be considered for an Engagement in respect of domestic assistance;
- “Client” means any person, including any family connections of such person, or company who contacts the Agency with the aim of Engaging an Applicant and for whom the Agency has agreed to provide the Services in accordance with these Conditions.
- “Confidential Information” means all personal and business information about the parties to this Agreement.
- “Engagement Commencement Date” means the date on which the Applicant’s Engagement with the Client commences;
- “Engagement” means the employment, hire or other use, directly or indirectly and whether under an agreement of service or Agreement for services or otherwise, and on a permanent, temporary or other basis, of an Applicant, by or on behalf of the Client, whether or not that Agreement is in writing but in any case, where the Client provides remuneration (whether monetary or otherwise) to the Applicant;
- “Instructions” means the instructions and information provided by the Client setting out, amongst other things, the Client’s details and requirements for assistance.
- “Permanent Engagement” means Engagement for any period of more than four consecutive weeks (full-time or part- time);
- “Placement Fee” means money payable to the Agency by the Client for the Engagement of the Applicant as set out in Schedule 1;
- “Temporary Engagement” means an Engagement for any period up to 8 consecutive weeks (full-time or part-time); and
- “Services” means an introduction service whereby a Client is introduced to one or more Applicants to work for the Client providing assistance for the Client’s family.
In this Agreement unless the context clearly requires otherwise:
1.1. a reference to a person includes a human individual, a corporate entity and any organization which is managed or controlled as a unit; and if any party to this Agreement comprises more than one person, all obligations of that party shall be construed as joint and several.
1.2. a reference to a “Month” means a calendar month, and “Week” means 7 consecutive days.
2.1 The Agreement between the Agency and the Client, incorporating these Terms and Conditions, shall only come into force when the Agency confirms acceptance of the Client Instructions orally, in writing or by email to the Client and/ or the Client verbally instructs the Agency to submit suitable Applicants for an Engagement.
2.2 The Agency reserves the right to vary the terms of this Agreement and/or the way it provides the Services by way of written notification to the Client who shall consent to such changes (such consent shall not be unreasonably withheld or delayed) stating the date such amendments will take effect.
2.3 This Agreement together with any schedules (which are expressly incorporated herein), constitutes the entire Agreement between the parties and supersedes all previous agreements, understandings and arrangements between them, whether written or oral in respect of its subject matter. The Client acknowledges that it has not entered into this Agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Contract. The Client shall not have any claim for innocent or negligent misrepresentation on the basis of any statement in this Contract. Nothing in this Agreement purports to limit or exclude any liability for fraud.
2.4 The Client acknowledges that he / she understands exactly what is included in the Services and he /she is satisfied that the Services are suitable and satisfactory for his requirements.
3. Cancellation of Agreement
3.1 If, and only if, the Client is an individual consumer, then he may cancel this within 7 days of entering into it. Accordingly, the Agency is under no obligation to commence provision of the Services until after the expiry of that 7-day period. If the Client requires the Agency to provide the Services sooner than 7 days after the Agreement has been made, he must instruct the Agency in writing by email to do so, acknowledging that he will lose his right to cancel upon such instruction. There is no refund of the agency commencement to search fee of 199.99
4. Relationship of parties
4.1 Nothing in this Agreement shall create a partnership or agency or the relationship of employer and employee, or other relationship between any of the parties, other than the contractual relationship expressly provided for in this Agreement.
4.2 The Agency is an referral agency acting in accordance with New Jersey requirements and corresponding regulations. It acts as an intermediary which introduces Applicants to prospective clients and vice versa. The Agency has no part, contractual or otherwise, in any arrangement between the Client and the Applicant and is not an agent in law for any person.
4.3 Neither party shall have, nor represent that it has, any authority to make any commitment on the other party’s behalf, except as expressly agreed in this Contract.
4.4 The Agency warrants that it has all necessary authority to perform its obligations set out in this Contract.
5. Obligations of The Client
5.1 The Client accepts that the Agency acts only as an introduction agency for private and domestic placements and therefore holds no employer responsibility for any Applicant whether introduced on a permanent, agreement or a temporary basis.
5.2 The Client is responsible for providing a full detailed job description to the Agency in the Instructions and confirms that is accurate and complete.
5.3 The Client agrees to satisfy himself as to the suitability of an Applicant generally and to, but limited to the following:
- 5.3.1 take up references, including the confirmation of any professional, academic or other qualifications;
- 5.3.2 to obtain background checks criminal record checks or police checks and to ask to see copies of any certification obtained by an Applicant, including first aid certification;
- 5.3.3 ensure that the Applicant can drive to the standard expected by the Client;
- 5.3.4 confirm identity and proof of address confirmation documents by sight and the Client is further advised to periodically check and retain copies of these identity documents and necessary certificates;
- 5.3.5 obtain any visa or permit necessary to enable the Applicant to accept the Engagement; and
- 5.3.6 obtain any necessary medical certificate.
5.4 The Client shall not discriminate against any Applicant and shall comply with the provisions of any anti-discrimination legislation including but not limited to equality and diversity in the workplace.
5.5 The Client shall inform the Agency immediately, in writing, of serious dissatisfaction with performance or conduct of the Applicant.
5.6 The Client agrees to inform the Agency if an Applicant introduced by the Agency has already been introduced by a third party. If the Client fails to inform the Agency and the Applicant is engaged, the Client shall be liable to pay the Placement Fee to the Agency.
5.7 The Client shall inform the Agency immediately if (a) an Engagement is accepted by an Applicant and (b) he / she engages an Applicant, giving details of: gross annual salary, start date and end date, and whether the Engagement is permanent or temporary.
5.8 The Client shall pay the relevant Placement Fee upon the Engagement of the Applicant in accordance with Clause 6.
5.9 The Client will comply with United States employment and tax law, including, but not limited to the provision of a contract of employment, pay slips, correct deductions for tax and national insurance, as well as any pension contributions, if the Applicant is eligible.
5.10 For self-employed Applicants, the Client is responsible for confirmation that the Applicant is eligible for self-employed status and should request documentation confirming self-employed status.
5.11 If the Client or a member of the Client’s family or any acquaintance or associate of the Client, passes on the details of an Applicant to any other person or persons within 12 months of the Applicant’s introduction to the Client by the Agency, resulting in the Engagement of the Applicant, the Client shall be liable for payment of the relevant full Placement Fee in accordance with Clause 6.
5.13 The Client warrants that he holds and will maintain appropriate Employer’s Liability insurance for applicant andmust be in place for interview and trial sessions and the Engagement of permanent, temporary and contract staff.
5.14 The Client is responsible for the instruction and direction of the Applicant. The Client is responsible for ensuring that the Applicant clearly understands the needs of the Client’s expected duties.
5.15 During the Client’s Engagement of the Applicant, the Client will ensure that the Applicant is provided with a suitable and safe working environment which in no way may compromise and affect the welfare of the Applicant and will ensure that the place of work is clean and hygienic and complies with appropriate health and safety laws;
5.16 For live in positions, the Client must ensure it has adequate household insurance to protect the Applicant’s possessions; and suitable live-in accommodation is provided to the Applicant, including, without exception, a bedroom for exclusive use and access to a bathroom.
5.17 The Client may reimburse the Applicant for travelling expenses for interview at his discretion.
5.18 The Client agrees that for the purpose of providing the Services, the Agency can use any medium to find a suitable Applicant or to advertise vacancies including the Internet.
5.19 The Client agrees not to enter into any relationship with the Applicant that may be detrimental to the interest of the Agency during this agreement or within one year from the date of its termination.
6. Agency Obligations
6.1 The Agency shall take reasonable endeavors to introduce to the Client, Applicants which the Agency considers suitable to be employed by the Client as required in the Instructions and perform the additional services as further set out in this Clause.
6.2 The Agency shall request Applicants to provide; –
- 6.2.1 An up-to-date CV;
- 6.2.2 Original Government issued identity documents and address check documents;
- 6.2.3 Relevant certificates;
- 6.2.4 Background certification or a police check from their country of origin if the Applicant is not yet based in the USA or has been here for less than one month; and
- 6.2.5 Referee contact details.
6.3 In relation to an Applicant, the Agency shall use reasonable needs to obtain references from each Applicant that it introduces to the Client but the Client must satisfy itself as to the suitability of such references and the ultimate suitability of a Candidate, including whether they have the right to work in the USA. The final responsibility for engaging the Candidate lies with the Client.
6.4 The Agency will inform the Client as to the status of each of the above documents set out in Clause 6.2.2- 6.2.5 prior to any decision to Engage. If, for example; the Background check in in progress at the time an offer is made, the Agency shall recommend that an Engagement does not commence until the Background certification is received and is deemed acceptable. If the Client moves forward and commences Engagement before the background check or any of the other relevant documents are received, then the decision rests exclusively with the Client as to whether such Engagement should proceed. For the avoidance of doubt, the relevant Placement Fee would still be due to be paid in such circumstances.
6.5 The Agency does not give any warranty as to the accuracy of the information supplied to them by the Applicant and which is then transferred to the Client.
6.6 The Agency takes reasonable steps to ensure that both the Applicant and the Client are aware of requirements imposed by law or professional bodies to enable the Applicant to work for the Client in the capacity of the position that the Client wishes to fill.
6.7 Time for commencement shall not be of the essence of the Agreement and the Agency shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
7. Fee and payment
7.1 The Placement Fee for a Temporary or Permanent Engagement shall become due and payable when an Applicant commences an Engagement, at which time the Agency will raise an invoice. For the avoidance of doubt, such Placement Fee is due and payable by the Client even if the Client has not notified the Agency of the Engagement.
7.2 If an Applicant is engaged on a Temporary Engagement but the Engagement continues for more than 1 week, the Client shall be liable for any additional fees which shall be agreed with the Agency at the point the Engagement is extended.
7.3 Payment is due by the Client within ten working days of the date of any invoice in US dollars by direct transfer, check, credit card or cash in person to the Agency’s bank account or any other way agreed between the parties
7.4 The Agency reserves the right to charge the Client interest in respect of any late payment of any sum due under this Agreement at the rate of 4 per cent per annum above the base rate of Barclays Bank, from the due date until receipt of payment.
8. Replacement Applicant / Cancellation / Refund
8.1 These provisions apply in the event that within six weeks of the Engagement Commencement Date, the Applicant does not commence Engagement with the Client after accepting an offer of employment or the Applicant leaves the Engagement of the Client within six weeks (other than as a result of a breach by the Client of the contract of employment between the Client and the Applicant or a result of the Client’s dismissal of the Applicant other than for reasons of gross misconduct on the part of the assistant (“gross misconduct” being as determined in accordance with guidance set out by ACAS)).
8.2 The Agency shall not provide a replacement Applicant unless the Client fulfils following conditions:
- 8.2.1 the Client has informed the Agency, in writing, within seven days of such termination;
- 8.2.2 the Client has paid the Placement Fee;
- 8.2.3 the terms of the Engagement have not changed, including the working conditions, the job description and the location;
- 8.2.4 it is not in breach of any USA employment law and/or contract with the Applicant;
- 8.2.5 the Client does not retain the services of that Applicant in any other capacity; and
- 8.2.6 the Client is looking for a new applicant and it has given a period of four weeks to the Agency to find a replacement Applicant.
8.3 If at the Agency’s discretion the Client has fulfilled the conditions set out above, then it shall use all reasonable to provide details of possible replacement Applicants to the Client. If the Client sources assistance from elsewhere or the Agency is not successful, it shall refund the Placement Fee to the Client less $199 admin fee provided that either the full fee or the first instalment (if a staggered payment method is chosen) has been paid on time by the Client. If the Client has chosen to pay over 4 instalments and a placement is terminated part way through this period, no further fees will be due and if a replacement cannot be found, a refund of the last payment received will be made, provided that the Applicant did not leave due to a change in the job description, change in location or due to unreasonable working conditions.
8.4 In the event the Engagement is cancelled by the Client for whatever reason or the Instructions change amending the description of the job as regards hours or location, for example, after an applicant has accepted an offer of Engagement, prior to commencement of the contract of Engagement, the Client will be charged 25% of the Placement Fee which would have been payable had the Candidate been engaged, in consideration of costs incurred by the Agency. For the avoidance of doubt, if the Candidate cancels the Engagement then provided the Instructions have not changed, then Clauses 8.1 – 8.3 above shall apply.
8.5 If less than 48 complete hours’ notice is given of a cancellation of a babysit or temporary booking, the Client shall, regardless of the cause of cancellation, pay 50% of the amount due is payable to nanny/sitter/assistant.
9.1 The Agency only collects personal information for the legitimate business purpose of introducing childcare professionals and domestic staff to Clients and finding positions on a temporary and /or permanent basis for Applicants. All information received is treated as private and confidential, and all steps are taken to ensure that information is protected from unauthorized viewing by up to date computer protection. All personal details on paper are securely stored and shredded when they are no longer required for legitimate business reasons. Personal Information is only kept for the period necessary to conclude the agency client relationship.
9.2 Each party to this Agreement undertakes for the benefit of the other that he will not:
- 9.2.1 divulge to any person whatever or otherwise make use of any Confidential Information relating to the other, which he learns as a result of this Agreement or any circumstance flowing from the contract; and
- 9.2.2 post any text, nor image, nor audio-visual material, on any social network or other public place which could be hurtful, embarrassing or damaging to the other party.
9.3 The parties agree that any economic loss, loss of opportunity, business or goodwill and/or of damage to reputation or professional standing arising directly or indirectly, foreseeable or not from a breach of the above provisions must be compensated on the basis of the effect on the damaged party and the parties hereby acknowledge that damages may not be an adequate remedy for such breach and each party will be entitled to see the remedies of an injunction, specific performance and other equitable relief for any threatened or actual breach of this clause 9. The Client accepts personal liability for compliance with these provisions by his children of any age, other members of his family and domestic staff.
9.4 The obligations contained within this clause 9 shall survive termination of this Agreement for a period of five years from the date of such termination.
10. Disclaimers and limitation of liability
10.1 All implied conditions, warranties and terms are hereby excluded from this Contract.
10.2 In providing the Services, the Agency is committed to maintain a high level of service and efficiency. However, the Service is dependent upon the accuracy of information provided by the Client which is beyond the control of the Agency. Therefore, any decision as to the suitability of an Applicant and the decision to Engage an Applicant is sole discretion of the Client. The Agency does not accept responsibility and shall not be liable for any loss that the Client may incur directly or indirectly, as a result of using the Agency’s Services.
10.3 The Agency shall not be liable to the Client for loss arising from or in connection with representation contracts, statements or undertakings made prior to the date of this Contract.
10.4 The Agency shall not be liable to the Client for any loss or expense which is
- 10.4.1 indirect or consequential loss; and/or
- 10.4.2 economic loss or other loss of revenue, turnover, profits, business or goodwill; and/or
- 10.4.3 loss or damage suffered by the Client as a result of an action brought by third party; and/or
- 10.4.4 loss or damage caused during the Engagement of the Applicant or any act, omission or negligence of such Applicant.
10.5 The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
10.6 Particulars of Applicants, their profiles and other information provided by the Agency are prepared in good faith and solely for the Client’s guidance. No liability, howsoever arising shall be accepted by the Agency for the accuracy or completeness of any Applicant’s profile.
10.7 The Agency offers a draft “Employment Contract” as a guide only and the Client is advised to seek independent legal advice. The Agency is not responsible for the “Employment Contract” or any terms of service between the Client and the Applicant.
10.8 The maximum limit of the liability of the Agency to the Client, whether in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum of $1,000.
11.1 The Agency may terminate this Agreement at any time, for any reason, with immediate effect by sending notice in writing to that effect.
11.2 The termination of this Agreement by this paragraph shall be without prejudice to any other right or remedy to which a party may be entitled.
11.3 There shall be no re-imbursement or credit if the Agency decides in its absolute discretion that the Client has failed to comply with any of the terms of this Contract.
11.4 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.
12. Indemnity by the Client
12.1 The Client agrees to indemnify the Agency against all costs, claims, demands, proceedings (civil or criminal), penalties, fines, losses, damages and expenses arising directly or indirectly from the Client’s breach of this Contract; and/or any act, omission or default by the Client, any of its agents, employees, contractors, children of any age, other members of his family and domestic staff.
13 Equality and Diversity
13.1 The Agency is fully committed to equality of opportunity and to eliminating unlawful discrimination. It is the Agency’s policy to treat everyone equally and regardless of their backgrounds, race, color, ethnic or national origin, nationality, citizenship, sex, sexual orientation, marital status, disability, age, religion, belief or political persuasion, or any other irrelevant basis.
13.2 The Agency is committed to providing a work environment in which individuals from a wide range of backgrounds can fulfil their potential.
13.3 The Agency shall perform its obligations under this agreement in accordance with:
- 13.3.1 all applicable equality laws and regulations (whether in relation to race, sex, gender reassignment, age, disability, sexual orientation, religion or belief, pregnancy, maternity or otherwise);
- 13.3.2 any other requirements and instructions which the Agency reasonably imposes in connection with any equality obligations imposed under law; and
- 13.3.3 will take all necessary steps to prevent unlawful discrimination designated as such by any court or tribunal, or the Equality and Human Rights Commission or (any successor organization).
13.4 In the event that a Client or Applicant wishes to complain about discrimination by the Agency, please see Complaints Procedure
14 Complaints procedure
If the Client wishes to complain about the Agency, in the first instance, the complaint should be put in writing to Anna Podwysocka, and every effort shall be made to resolve any situation. If the situation has not been resolved to the Client’s satisfaction, then the letter of complaint will be officially investigated.
15. Miscellaneous matters
15.1 If any term or provision of this Agreement is at any time held to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.2 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
15.3 Neither party shall be liable for any failure or delay in performance of this Agreement which is caused by circumstances beyond its reasonable control.
15.4 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
15.5 In the event of a dispute between the parties to this Contract, the parties undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing litigation.
15.6 The validity, construction and performance of this Agreement shall be governed by the laws of USA and each party hereby irrevocably submits to the exclusive jurisdiction of the courts of USA