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Maternal Response Ltd


1. TERMS AND CONDITIONS

1.1 General Terms

These terms and conditions shall represent a legally binding contract between Maternal Response Ltd (us) and the Client or Employer (you). The following definitions will apply:

“the Client” Client or Employer

“the Agency” Maternal Response Ltd

“the Candidate” Person introduced by the Agency

These terms and conditions are non negotiable and a verbal or written instruction by the Client to the Agency to submit suitable Candidates for an interview or contract shall constitute acceptance by the Client.

Immediately after the client has interviewed or discussed their needs and agreed a start date with the Candidate, the Client agrees to pay the Agency a minimum deposit to confirm the booking. It is the responsibility of the Client to notify the Agency if a Candidate has been offered employment. Payments should be made by cheque or online by credit or debit card. All bookings are deemed as unconfirmed until the deposit has been paid in full. Agency fees are due in respect of each Candidate and all fees quoted are per day / week or part thereof as shown in the attached schedule of fees.

The Client agrees to pay the Candidate from the commencement of the booking, as confirmed with the Candidate or Agency. It is the Client’s responsibility to advise the Candidate of any specific logistical details and if applicable accommodation available.

Separate terms and conditions apply to enquiries by Clients for any other Agency service.

1.2 Expenses

The Client is required to reimburse travel expenses incurred by the Candidate when attending interviews and travel expenses incurred at the commencement and completion of a booking. The current rate for claiming mileage is £0.40p per mile. The Client should request receipts in advance if applicable.

1.3 Confidentiality

All communication whether written or oral shall be confidential between all parties. Should the Client pass on any information or details of Candidates, or recommend a Candidate to a third party resulting in a booking, the Client will be liable for the Agency fee under these terms and conditions as if the booking had been made by the Client itself.

1.4 Third Parties / Referrals

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

1.5 Liability

While the Agency endeavours to verify the background of the Candidate introduced before employment commences, the Agency cannot guarantee that all the information regarding the Candidate is accurate. The Agency does not accept any liability whatsoever for misrepresentation, loss, damage, injury, delay, claims or expense of any description arising out of an introduction made by the Agency.

Whilst the Agency tries to ensure that the Candidate is interviewed personally and full reference checks are carried out it is ultimately the sole responsibility of the Client to make their own enquiries and checks to satisfy themselves as to the suitability of the Candidate. The Agency gives no guarantee regarding the capability, character, medical condition, age or suitability of the Candidate. The final responsibility for accepting and employing the Candidate lies with the Client.


2. ADDITIONAL TERMS, CONDITIONS AND FEES – MATERNITY NURSES

2.1

Immediately after the client has interviewed or discussed their needs and agreed a start date with the Candidate, the Client agrees to pay the Agency a minimum deposit of £100 to confirm the booking.

2.2

For each Candidate booked for a Maternity Position the Agency will charge the Client £95 per week or part thereof subject to a minimum charge of 1 week. Requests for 4 weeks and under will be payable in advance.

2.3

Fees, at the current rate of the Agency’s charges are payable within 14 days from the date of the invoice submitted by the Agency. The Agency reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period.

2.4

The Client must use the Maternal Response Ltd letter of contract to confirm dates that the Candidate is booked and is liable to pay the Candidate from the date she commences the booking. If the Client has to delay commencement of the Candidate’s booking (for example, due to late arrival of the baby), the Client will pay the Candidate 50% of the agreed weekly salary until the Candidate starts the booking. No refund will be given on Agency fees already paid.

2.5

The Client should inform the Agency immediately if the booking is to be extended. The Agency will charge the Client at the rate shown in section 2.2. Failure to inform the Agency will be chargeable at the length of the booking plus 25% surcharge.

2.6

Fees are due in respect of each Candidate taking up a position with the Client. If a Candidate returns to a Client at a future date then the appropriate additional fee will be payable. If the Client offers permanent employment to the Candidate, a permanent fee will be charged in accordance with Agency rates at the time.


Cancellations and Refunds

2.7

Unless stated otherwise under these terms and conditions, Agency fees are non-refundable. If a refund is agreed, the Agency reserves the right to retain the deposit on cancelled bookings (whether confirmed verbally or in writing) and will charge the client as follows:

Cancellation Period
Cancellation Fee
Within 28 days of start date the deposit paid
Within 21 days of the start date the deposit paid plus 30% of the agreed fee
Within 14 days of start date the deposit paid plus 50% of the agreed fee
Within 7 days of start date the deposit paid plus 75% of the agreed fee

2.8

If the Client cancels a booking prior to the Candidate starting the booking, the Client is asked to pay the Candidate, as compensation against loss of earning, as follows:

• One week’s salary for bookings of 4 weeks or less
• Two week’s salary for bookings of 5 weeks or more

2.9

If a Client’s baby arrives prematurely and the Candidate is not available, the Agency will be allowed a reasonable time to find a suitable replacement. If a deposit has been paid to a Candidate by a Client (by prior arrangement between the Candidate and the Client), that deposit is non-refundable. If no deposit has been paid, the Client is asked to pay the Candidate one week of the agreed salary. The Agency reserves the right to retain their deposit plus 25% of the agreed fee if no replacement can be found.

2.10

If, after the Candidate has started the booking, the Client wishes to terminate or reduce the length of the booking, the Client is asked to pay the Candidate 50% of the remainder of the Candidates’ salary as compensation for loss of earnings. No refund will be due on Agency Fees.

2.11

If during the booking, the Candidate leaves due to poor or unreasonable working conditions or a change in the job description, or due to illness, the Agency will be given a reasonable time to find a suitable replacement. If no replacement can be found, no refund is due by the Agency to the Client.


3. ADDITIONAL TERMS, CONDITIONS AND FEES – SLEEP CONSULTANTS / ADVISORS

3.1 Home visit Consultation

(providing the distance is viable from the Consultants address but cover much of the UK) Agency fee for arranging a consultant visit £15. Consultant charges £50 - £75.00 per consultation visit to your home.

3.2 Sleep Consultants

Immediately after the client has interviewed or discussed their needs and agreed a start date with the Candidate, the Client agrees to pay the Agency a minimum deposit of £30 to confirm the booking. For each Candidate booked the Agency will charge the Client £60 per booking (min 5 hours) or 2 night plan. The Client agrees to pay the Sleep Consultant at the following rates:

• £40 per hour - minimum 5 hours (live out)
• £395 for a 2 night plan (live in)

3.3 Telephone Consultations

Telephone Consultations may be booked for either one 45 minute period or a series of 30 minute Consultations over two weeks. The latter would allow daily emergency phone access to the Consultant and replies emailed to the client as backup. The times of the calls will be pre-booked at a time convenient to both parties. The Agency will charge the Client for Telephone Consultations as follows:

• 1 x 45 Minute Consultation £45
• 2 x 30 Minute Consultations £59
• 4 x 30 Minute Consultations £100

3.4 E-mail Support

E-mail support is available to the Client for specific questions on baby sleep or feeding issues. E-mails are answered personally and professionally by one of our sleep and feeding Consultants. Emails are responded to within 24 hours (Excludes out of office hours, weekends & days when the Consultant is on a home visit, normally Wednesday PM to Friday PM). The Agency will charge the Client £6 for each e-mail answered.

3.5

Fees, at the current rate of the Agency’s charges are payable within 14 days from the date of the invoice submitted by the Agency. The Agency reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period.

Cancellations and Refunds

3.6

If the Client cancels the booking prior to commencement the Agency will charge the Client as follows:

Cancellation Period
Cancellation Fee
Within 28 days of start date the deposit paid
Within 21 days of the start date the deposit paid plus 30% of the agreed fee
Within 14 days of start date the deposit paid plus 50% of the agreed fee
Within 7 days of start date the deposit paid plus 75% of the agreed fee

The Client is asked to pay the Candidate 50% of their agreed fee to compensate for loss of earnings.

3.7

If the Client cancels during the course of the booking no refund will be made by the Agency to the Client. The Client will be required to pay the Candidate all monies owed for the days of worked or part thereof plus 50% of the outstanding days booked.

3.8

If the child has been unwell within 48 hours of the arrival of the Candidate the Client must advise the Agency immediately and reschedule the booking (at no extra cost). If the Candidate arrives to an unwell child without prior notification, the Candidate will terminate the booking. The client will be required to pay the agreed Agency fee, agreed Candidate fee and the deposit will be forfeit.

TABLE OF FEES

Type of Service Fee Payable
Agency Fee Payable
Candidate
Maternity Nanny £100 deposit, £95 per week or part thereof To be agreed with the Candidate
Night Nurse £85 per week or part thereof £10.00 - £14.00 per hour dependant on experience and number of babies
Sleep Consultant (live out) £30 deposit, £60 per booking (minimum 5 hours) £40 per hour (minimum 5 hours) Live in
Sleep Consultant (live in) £30 deposit, £60 per 2-night plan £395 per 2 night plan
Telephone Consultation (1x45 mins) £45 N/A
Telephone Consultation (2 x 30 mins) £59 N/A
Telephone Consultation (4 x 30 mins) £100 N/A
E-mail Support (per e-mail answered) £6 N/A

 

SUMMARY OF CANCELLATION POLICY – MATERNITY NURSES

Cancellation Fee Payable
Agency Fee Payable
Candidate
Client cancels prior to commencement of booking As per sliding scale in 2.7 of the Terms and Conditions One week’s salary for bookings of 4 weeks or less, Two week’s salary for bookings of 5 weeks or more
Client’s baby arrives prematurely Deposit plus 25% of agreed fee Agreed deposit already paid or one weeks salary
After booking has commenced Client terminates or reduces length Full agency fee

Monies owed for days worked plus 50% of the remainder of the candidates’ salary

SUMMARY OF CANCELLATION POLICY – SLEEP CONSULTANTS / ADVISORS

Cancellation Fee Payable
Agency Fee Payable
Candidate
Client cancels prior to commencement of booking As per sliding scale in 3.5 of the Terms and Conditions 50% of agreed salary
Client cancels during course of booking Full agency fee Monies owed for days worked plus 50% of the remainder of the candidates’ salary
Child unwell within 48 hours of commencement of booking None and booking is re-scheduled (subject to Client cancelling the booking)

None and booking is re-scheduled (subject to client cancelling the booking)

 

Email: info@maternalresponse.co.uk

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