Contract Terms

If you have any questions regarding the terms and conditions, please call us on +447546277405
Please read this document carefully. It sets out the terms and conditions between Mindfultrust Care (the Agency) and the employer (the Client) regarding Mindfultrust Care (the Agency) ‘s introduction of temporary and permanent staff to you (the Client), which is a legally binding contract.

1. Contract

1.1 These terms and conditions represent a legally binding contract between the client or employer (the “Client”) and Mindfultrust Care & Cleaning agency (the “Agency”). Acceptance of these terms and conditions by the Client takes effect when a verbal or written instruction by the Client to the Agency is given to submit suitable candidates for contact or interview or arrangement of interviews takes place. The term “Candidate” means a person introduced by the Agency.

1.2 The Agency is acting as an introductory agency and not an employment agency; therefore, the client employs the candidate.

1.3 As the process of providing these services starts as soon as the Client contacts the Agency, the Client agrees to waive their right to cancel the service within 7 days as defined under the Consumer Protection (Distance Selling) Regulations 2000.

2. Fees

2.1 A permanent position is a placement over 12 weeks. Fees are payable by the Client on the acceptance, either verbally or in writing, of a Candidate. If a Candidate has been offered employment, it is the responsibility of the Client to notify the Agency. Fees, at the current rate of the Agency’s charges, are payable within 7 days from the date of the invoice sent by the Agency, or if the Candidate starts before the end of the 7 days, payable before the Candidate starts work. The Agency reserves the right to charge the Client a 25% surcharge on all accounts not settled within this period and in addition to re-claim any costs (including debt collector’s fees) incurred as a result of chasing for payment.

2.2 Returning or extension of employment: If a Candidate returns to a Client at a future date (for a temporary, permanent or babysitting position) or if a temporary engagement is extended, then the difference between the temporary fee already paid and the permanent placement fee shall become payable. In the case of a Candidate returning to a Client, this fee shall be the current full fee chargeable by the Agency for the relevant position. The Client agrees to notify the Agency of a re-engagement or extension of a temporary engagement, but the fee plus 20% will be charged if the Client fails to notify the Agency.

2.3 Temporary positions require a fee of £25 per day before employment commences. There will be no refund or reduction from the Agency’s current rate if a temporary booking is cancelled or reduced in duration. Paragraph 2.3 above will apply if the temporary period is extended.

2.4 In the case of part time positions, if within 2 months the Candidate is asked to work longer hours, then an additional fee will be charged which will be the difference between the fee actually charged and the fee that would have been charged if the Candidate had been initially engaged for those longer hours.

3. Confidentiality

All communication, however communicated, is confidential between the parties.

If the Client passes on any information including details of Candidates, or recommends a Candidate to a third party, which then results in placement of permanent, temporary or part time childcare employment, 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.

4. Introduction of a Candidate other than through the Agency

The Client must immediately notify the Agency if a Candidate put forward has already been introduced by a third party or has been viewed or contacted through a website or advertisement. If the Client does not notify the Agency, and the Agency has been working on matching the Client and Candidate, or if the Agency continues to work on matching the Candidate to the Client, it will be presumed that the introduction has been effected by the Agency and the relevant fee will be payable if the Candidate is then engaged by the Client.

5. Interviewing

The Client needs to provide a minimum of two identification documents to the agency, such as a copy of their passport as proof of identification and a proof of address such as a household bill to confirm their address before we arrange an interview with our candidates. No personal interviews are to take place before the Client provides these documents to the agency.

6. Liability

6.1 The Agency endeavors to provide the Client with only the most suitable Candidates. However, the Client must satisfy itself as to the suitability of the Candidate before making an offer to the Candidate. The Agency does not accept any liability for any kind of inconvenience, loss, or damage howsoever arising, and whether caused directly or indirectly by an act or omission of a Candidate introduced by the Agency. Similarly, no warranty is offered in respect of the suitability, honesty, capability, or character of any Candidate introduced by the Agency and employed by the Client. Candidates are not employees of the Agency.

6.2 The Client is responsible for ensuring that their home contents insurance includes coverage for Employers and Public Liability insurance for domestic workers, including childcares’. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.

8. General

8.1 This contract shall be construed per and governed by the laws of England and Wales and the Client agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.

8.2 The Client is responsible for putting in place a suitable contract of employment between the Client and the Candidate and is legally responsible for their employee’s Tax and National Insurance payments and for providing a detailed payslip, as well as any pension contributions that are required to be made by UK law. The agency can provide a sample copy if required and a copy of the signed contract needs to be emailed to the Agency within 7 days from the date of commencement.