Terms and Conditions

Fees

1. In these Terms and conditions the following words shall have the following meanings "the Agency" means The National Childcare Agency currently trading at 192 Seapark,Malahide, Co. Dublin, Ireland.
"Client" means the person/ firm/ company or other body corporate or unincorporated having requested the use of the Agency's services.
"Applicant" means an individual/s introduced by the Agency for a temporary or permanent position, whether full or part time. "Fee" the fees payable by the Client to the Agency, as set out under introduction fees.

2. By interviewing and engaging one of the Agency's applicants, whether for a permanent position, full time, part time or temporary the Client is deemed to have accepted and agreed to these Terms & Conditions of Business and fee structure.

3. Introduction fees for an Applicant shall be based on the salary calculated at a weekly gross rate agreed to be paid at the commencement of employment.

4. The Client shall become liable to pay an introduction fee to the Agency upon:
(1) the Client engaging or using, or agreeing to engage or use, either directly or indirectly the services of any Applicant whether for a permanent, temporary, full time or part time position.
(2) the Client re­engages or re­uses the services of any Applicant within twelve months of the initial introduction.
(3) the Client refers an Applicant to any third party who engages or otherwise uses the services of such Applicant within six months of the initial introduction. All information regarding Applicants is strictly confidential.
(4) the Client engaging an Applicant in a temporary position and the Client then makes the position permanent a full permanent fee will be applicable.
(5) the Client receiving details from the Agency of an Applicant and then subsequently receiving details of the same Applicant from any other agency, third party or applicant within a six month period.

5. All fees for Irish placements are due to the Agency within 14 days of commencement of employment. For overseas placements the successful Applicant will not start until payment is received in full or within 14 days of date of invoice which ever is the earlier.

6. The company The National Childcare Agency reserves the right to:
a) charge interest on overdue payments at a rate of 6% per month from the due date until payment is met in full including accrued interest.
b) charge a cancellation fee of 40% of the full fee should the Client's offer of employment to the candidate be terminated or withdrawn by the Client prior to the agreed date of commencement.

7. Provided that the client has paid all fees due to the Agency within 14 days of the commencement of employment of the successful applicant, the Agency will make every effort to provide one free replacement within the initial 10 week period, should the Client or Applicant terminate the employment. This clause is applicable provided:
(1) that the Client notifies The National Childcare Agency immediately and then provides written confirmation within seven days of the reason for termination.
(2) that the Applicant has not left as a result of redundancy, accommodation or working environment or hours of work or duties being at variance with the original job specification given to the agency by the Client.

8. Should the Agency be unable to find a replacement, either a credit note valid for 1 year or refund will be issued at its discretion: the refund will be based on the following scale: 10% of original fee per full week not worked by the Applicant up to a maximum of 10 weeks.

9. The Client undertakes to provide either a letter or contract of employment to the applicant, a copy of which must be sent to the Agency, upon engagement. The contract or letter should state agreed salary, tax and national insurance contributions, duties, hours, free time, paid holiday and any other benefits. The Client is responsible for the payment of Applicant's tax and national insurance with the exception of Childminders who are responsible for their own tax contributions.

10. Whilst the Agency endeavours to introduce suitable Applicants to the Client it cannot guarantee the suitability or that all the information regarding any applicant is accurate and does not accept liability for any misrepresentation, loss, damages, claims or expenses concerning Applicants introduced.

11. Although the Agency interviews and checks references for potential applicants the Client has sole responsibility for engaging the Applicant and obtaining references, qualifications and, if necessary, medical information to satisfy themselves of the Applicant's suitability.

12. The Client shall advise the successful Applicant of any special health and safety requirements, and shall be liable for any injury, loss or damage to an Applicant while under their direction or control.

13. If a temporary booking is extended, the Client must inform the Agency so that the amended fee can be charged.

14. The company The National Childcare Agency reserves the right to change any clauses within these terms & conditions of business without prior notice should the laws change & dictate this to be necessary.

15. This Agreement is governed by Irish law. The parties submit to the Jurisdiction of the Irish Court.