Part 1 – For Supply of Temporary Nursery Staff

1. These terms and conditions shall represent a legally binding contract between the nursery or company (the “Client”) and CG Recruitment Limited (“CG Recruitment”).

2. Definitions
   1. “Child Carer” is defined as a Temporary Agency Worker.
   2. “CG Recruitment” is defined as the Agency providing Child Carers.
   3. “Client” means the person, firm or organisation to whom the services of the Child Carer is supplied
   4. “Assignment” means the period of work for which the Child Carer is supplied by CG Recruitment to the Client.
   5. “Engagement” means any other work other than as a Temporary Agency Worker requested of the Child Carer by the Client.
   6. “Exclusive” means CG Recruitment is the only supplier of Temporary staff.

3. All variations shall be agreed between the parties and supplied in writing. The verbal or written instruction by the Client to CG Recruitment to submit suitable Child Carers for work or for contact or for interview shall constitute acceptance by the Client of these terms and conditions.

4. When supplying a Child Carer on an Assignment, CG Recruitment are acting as a temp agency and is supplying the Child Carer under agreed Terms of Engagement.

5. CG Recruitment may from time to time sub-contract services to meet the Clients Assignment needs.

6. The Client agrees to pay the hourly charges of CG Recruitment plus VAT (if applicable). The charges are calculated according to the number of hours worked by the Child Carer (to the nearest quarter of an hour). The charges are comprised mainly of the Child Carer’s remuneration and income tax, but also include CG Recruitment’ commission, employee and employer’s national insurance contributions and provision for holidays. Fees are set out in the temporary rates schedule, or as advised at the time of the booking. CG Recruitment reserves the right to pay a refund in accordance with the refund schedule, subject to the Client having paid its invoice within 14 days.

7. All fees are payable within 14 days from the date of the invoice submitted by CG Recruitment and fees are due in respect of each Child Carer taking up a position with the Client or as otherwise set out herein. CG Recruitment reserves the right to charge the Client a £25 surcharge on all accounts not settled within this period, daily interest at 4% over HSBC bank base rate, and in addition to re-claim any costs (including debt collector’s fees) incurred as a result of chasing for payment.

8. The Client agrees to verify and sign CG Recruitment’ timesheets for each Child Carer. Signature of such timesheets by the Client constitutes acceptance that the Child Carer has worked satisfactorily for the hours indicated on the timesheet. Failure to sign the timesheets does not alter the Client’s liability to pay for hours worked.

9. If the Client enters into an exclusive agreement and CG Recruitment a discount is applied to the pre-VAT invoice total.

10. The direct employment by the Client of the Child Carer previously assigned by CG Recruitment on a permanent basis, whether under a contract for services, an employment contract or any other Engagement renders the Client subject to the payment of a permanent placement fee as per CG Recruitment fee schedule accompanying these terms.

11. The direct engagement by the Client of a Child Carer previously assigned by CG Recruitment renders the Client subject to the payment of a direct engagement fee as per CG Recruitment fee schedule accompanying these terms.

12. Child Carers are assigned by CG Recruitment under terms of engagement. Child Carers are deemed to be under the supervision, direction, care and control of the Client from the moment they report to the Client or enter the Client’s premises. The Client agrees to be responsible for all acts, errors or omissions of the Child Carer, whether wilful, negligent or otherwise as though he was on the payroll of the Client. The Client will comply in all respects with all statutes including the Working Time Regulations, all by laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff, including in particular the provision of adequate Employer’s and Public Liability Insurance cover.

13. The Client shall indemnify and keep indemnified CG Recruitment against any costs, claims or liabilities incurred by CG Recruitment arising out of any claim by the Child Carer in relation to an assignment with the Client or, arising out of any claim relating to an assignment by the Child Carer with the Client.

14. 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 Child Carers, or recommend a Child Carer 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.

15. It is the obligation of the Client to immediately inform CG Recruitment when a Child Carer is introduced by CG Recruitment who has already been introduced by a third party. If the Client does not so inform CG Recruitment then it will be presumed that the introduction has been effected by CG Recruitment and the relevant fee will become payable.

16. CG Recruitment will use reasonable endeavours to provide the Client with suitable Child Carers, having performed all checks required by law. All relevant information pertaining to a Child Carer introduced to the Client will be supplied as required by law. However, the final decision to employ a Child Carer is the sole responsibility of the Client and CG Recruitment 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 Child Carer introduced by CG Recruitment. Similarly, no warranty is offered in respect of the suitability, honesty, capability or character of any Child Carer introduced by CG Recruitment and employed by the Client. Child Carers are not the employees of CG Recruitment. CG Recruitment does not exclude or restrict liability for death or personal injury resulting from its negligence.

17. If the Client reasonably considers that a Child Carer is unsuitable, the Client may terminate the Assignment either by instructing the Child Carer to leave the Assignment immediately, or by directing CG Recruitment to remove the Child Carer. CG Recruitment may in such circumstances reduce or cancel the charges for the time worked by that Child Carer, provided that the Assignment terminates: Within 1 hr of the Child Carer commencing the Assignment and also provided that notification of the unsuitability of the Child Carer is confirmed in writing to CG Recruitment within 48 hrs of the termination of the Assignment. Failure to comply with these procedures will result in fees being charged in full.

18. Any of the Client, CG Recruitment or the Child Carer may terminate an Assignment at any time subject to the cancellation charges set out in CG Recruitment fees. The Client is liable to a cancellation fee if an Assignment is cancelled. The Client shall notify CG Recruitment immediately and without delay and in any event within 24 hours if the Child Carer fails to attend work or notifies the Client that he is unable to attend work for any reason.

19. CG Recruitment shall notify the Client immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Child Carer supplied to the Client is unsuitable for the Assignment and shall terminate the Assignment.

Part 2 – For Supply of Permanent Nursery Staff

1. These terms and conditions shall represent a legally binding contract between the nursery or company (the “Client”) and CG Recruitment (“CG Recruitment”).

2. Definitions
   1. “Candidate” is defined as a person seeking permanent employment.
   2. “CG Recruitment” is defined as the Agency providing Candidates.
   3. “The Client” means the person, firm or organisation to whom the services of CG Recruitment is supplied
   4. “Engagement” means the appointment of the Candidate by the Client.

3. All variations shall be agreed between the parties and supplied in writing. The verbal or written instruction by the Client to CG Recruitment to submit suitable Child Carers for work or for contact or for interview shall constitute acceptance by the Client of these terms and conditions.

4. Fees are payable by the Client on the acceptance, either verbally or in writing, by a Candidate of a position with the Client, or on the Engagement of a Candidate at a Client. It is the responsibility of the Client to notify CG Recruitment if a Candidate has been offered employment.

5. Fees are payable within 14 days from the date of the invoice submitted by CG Recruitment and in any case prior to commencement of employment. CG Recruitment reserves the right to charge the Client a £25 surcharge on all accounts not settled within this period and in addition to reclaim any costs (including debt collector’s fees) incurred as a result of chasing for payment.

6. Fees are due in respect of each Candidate taking up an Engagement with the Client or as otherwise set out herein. The fee payable to CG Recruitment by the Client for the Engagement of a Candidate is calculated in accordance with the Fee schedule submitted with these terms or as advised at the time. If a Candidate returns to a Client at a future date 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 CG Recruitment for the relevant position.

7. 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.

8. It is the obligation of the Client to immediately inform CG Recruitment when a Candidate is introduced by CG Recruitment who has already been introduced by a third party. If the Client does not so inform CG Recruitment then it will be presumed that the introduction has been effected by CG Recruitment and the relevant fee will become payable.

9. CG Recruitment endeavours to provide the Client with only the most suitable Candidates, having performed all checks as required by law. However, the final decision to employ a Candidate is the sole responsibility of the Client and CG Recruitment 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 CG Recruitment. Similarly, no warranty is offered in respect of the suitability, honesty, capability or character of any Candidate introduced by CG Recruitment and employed by the Client.  Candidates are not the employees of CG Recruitment. CG Recruitment does not exclude or restrict liability for death or personal injury resulting from its negligence.

10. If a Candidate who has been confirmed as a permanent placement with the Client either does not start employment or leaves within 6 weeks of starting employment with the Client then one free replacement will be provided, subject to the following conditions:

1. CG Recruitment is informed by the Client within 2 days of the termination of the employment
2. the relevant fee has been settled in full within 14 days of the date of invoice and in any case prior to commencement of the position
3. the booking has not been cancelled by the Candidate because of unreasonable demands by the Client; or unreasonable working conditions;  or a lack of proper induction and training; or a change in the job description; or a change in location; or a breach of the employment contract (whether signed or not) or employment regulations (including pay)
4. the Client is still intending to employ a Child Carer and CG Recruitment is given 3 weeks to find a suitable replacement; and the Client does not use another Recruitment Agency or source during the 3 weeks to find a replacement.
5. Once one free replacement has been found, there are no further refunds or free replacements offered.
6. In the event that a free replacement cannot be found, CG Recruitment at its discretion may refund the Client the following percentage of the original fee:
   1. If the Candidate leaves within the first 2 weeks: 75%
   2. If the Candidate leaves after 2 weeks but before the end of her 4th week: 50%

• If the Candidate leaves after 4 weeks but before the end of her 6th week: 25%

1. No refund will be given where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory, and no refund will be given where the Client withdraws their offer of employment to the Candidate.