Temporary Childcare
Terms & Conditions
For long-term, permanent nanny placements exceeding 12 consecutive weeks please refer to our Permanent childcare terms and conditions.
1.0 Contract
1.1 These Terms and Conditions represent a legally binding contract between you as the Client and Busy Kiddies Childcare as the Agency.
1.2 Acceptance of the Agency Terms and Conditions by the Client takes effect immediately upon either completing the online booking form or giving us verbal or written instruction to book childcare.
1.3 The word “Client” refers to the person/family using Busy Kiddies Childcare services
1.4 The word “Candidate” refers to any person that Busy Kiddies Childcare introduces to the Client
1.5 The word “Babysitter/nanny/au pair/tutor”, “Tutor”, “Au Pair” and or “Nanny” refers to any person that Busy Kiddies introduces to the client.
1.6 The Agency is acting as an introductory agency and not an employment agency; therefore the Client employs the Candidate
1.7 The Terms & Conditions are the terms of which Busy Kiddies Childcare offers the Client access to the services and use of Busy Kiddies Childcare agency. By registering with Busy Kiddies Childcare, the Client agrees to abide by these Terms & Conditions
1.8 Posting false, incomplete, inaccurate or illegal information is strictly prohibited and may be punishable by law.
1.9 Unlawful or illegal use will be reported to the proper authorities and may be punishable by law.
2.0 Client Responsibilities
2.1 Any correspondence, communication either verbally, written or via email is confidential and the Client agrees not to disclose to third parties
2.2 All bookings must be made directly between you (the Client) and Busy Kiddies Childcare (the agent).
2.3 No bookings are to be made directly with the babysitter/nanny/au pair/tutor/ unless previously agreed with The Agency. Should this obligation be ignored, the babysitter/nanny/au pair/tutor is obliged to inform the Agency and the relevant fees will be charged to the Client
2.4 The Client will notify the agency immediately of any extension of any temporary placement and agrees further placement fees will apply
2.5 The client agrees there is a minimum 3 hour booking fee payable to the babysitter/nanny/au pair/tutor/nanny/au pair/tutor.
2.5 If a Client wishes to employ a specific Candidate originally introduced by Busy Kiddies Childcare on a long term or regular basis, then Busy Kiddies Childcare should be notified in advance
2.6 Busy Kiddies Childcare requires the Client to provide accurate details of their address, contact details and full name
2.7 Busy Kiddies Childcare requires the Client to inform the Candidate of any medical conditions, allergies, sickness or disability associated with the children
2.8 The Client agrees to pay the babysitter/nanny/au pair/tutor via Busy Kiddies first and the money will then be transferred into the child care professionals account on the 8th of every month.
2.9 The Client agrees that they are the employer of the nanny – not the agency
2.10 The Clients that employ a nanny are required to abide by all tax laws declared by the HMRC with regards to taxes and National Insurance contributions
2.11 Clients should carry adequate household insurance to cover domestic employees in their home
2.12 The Client agrees that Busy Kiddies Childcare requires our Candidates to be in a safe, warm and friendly environment
2.13 Where Busy Kiddies Childcare (in its absolute discretion) believes that there is sufficient negative feedback or feedback is of a concerning nature regarding the Client, then Busy Kiddies Childcare will refrain from referring any babysitter babysitter /nanny/au pai/tutors or nannies
2.14 The Client is responsible for paying all expenses during the Candidates working hours, including but not limited to travel expenses, admission or entrée costs for activities, food and drink and any other childcare related costs that are incurred during the Candidates working hours
2.15 If the Client ends the booking early, the full hours originally booked must be paid to the Candidate
2.16 If the booking runs longer than the original hours booked, the Client agrees to pay the Candidate overtime, rounding up to the nearest 15 mins
2.17 If a Candidate leaves a booking after 11.30pm the Client agrees to pay for a taxi home to ensure the Candidates safe return
2.18 The client agrees to pay petrol and parking fees if applicable.
2.19 Client agrees to notify the agency immediately if a nanny has been introduced via a third party (agency, another website, advert etc.). Failing to inform the agency will result in full placement fees if nanny has been employed by the client.
2.20 Once the client offers employment to one of RMB nannies – the client understands a placement fee will apply.
2.21 Client agrees to enter into an employment contract with the Nanny and abide by all statutory obligations of employment.
Client agrees to strongly encourage nannies to purchase public liability insurance.
The Client should remind the nanny to check that his/ her own Nanny Insurance is in place, and to make sure that it includes full cover for administering medicine and also for overseas travel (if applicable)
2.21 Clients are responsible for the continued confidentiality of their login details – in an event of unauthorised use by a third party; your account may be deleted.
2.22 Clients agree to immediately notify RMB of any unauthorised use of their login or password.
2.23 Clients must ensure that they exit from their account at the end of each session on the RMB website.
3.0 Fees
3.1 BusyKiddies take payment via telephone and through the the online website. Payment details will be collected during the client inputs their booking request and will be charged prior to the child carer arriving.
3.2 If, for whatever reason the child carer stays beyond their paid time, the client will pay a pro-rated amount in increments of 15 minutes of the booking price, to make it simpler (E.g.) if a client arrives 5 minutes later than the paid time, the client will be charged 15 minutes and if a client arrives 48 minutes after the paid schedule, the client will be charged an hour. Please contact your child carer and agree that you require their services for a later time as the child carer will first need to agree to these terms.
3.3 The late charges should not be paid to the child carer, it must be paid in the same payment method as how it was paid previously to Busy Kiddies directly.
3.4 It is the clients responsibility to notify Busy Kiddies of any additional charges for extra time required.
3.5 Payment processes are provided by stripe. Please see the terms and conditions for their processes here Stripe Connected Account Agreement. For child carers, you are agreeing to the Stripe terms and conditions, please read the account agreement and the services agreement via their website. You are accepting any modifications led by Stripe. You are accepting that you are held responsible for your personal information given about you and your nature of business that is given to Busy Kiddies by yourself, and then held accountable for this information to be correct when passed on to Stripe. You authorise Busy Kiddies to share this information and given to Stripe’s payment processer.
3.6 Busy Kiddies charges for a 3 hour minimum booking for all nannying, au pair, mother’s help and babysitting types. Tutoring and Event child carers are not included in this and can charge per hour.
3.7 Holiday and peak time bookings may affect prices. These prices vary and a member of staff at Busy Kiddies will get in contact with you if this is the case.
3.8 Busy Kiddies does not take any booking, membership, joining or admin fees. We reserve the right to change or amend our polic and change prices at any time. Any changes will be reflected on the website and payment pages if this affects any changes to our payment or services.
3.9 Busy Kiddies is legally permitted to up to 25% off the hourly fee.
3.10 The Client shall notify the Agency immediately should it choose to re-engage a Candidate who has been introduced to it by the Agency
3.11 The Client agrees to pay the relevant Permanent Placement Fee should the Temporary Booking exceed or be extended beyond 12 consecutive weeks:
· Min £600
· Maximum of 5x net weekly salary
3.12 In the event of a Client passing the details of a Candidate to third parties, the Client will be responsible for any relevant Agency Fees and associated loss of agency earnings
3.13 In the event that a Client does not hire a Candidate following the initial Introduction by the Agency but subsequently approaches the Candidate directly (not through the Agency) offering engagement then the Client shall be liable to relevant Placement Fees
3.14 Busy Kiddies Childcare reserves the right to increase our agency fees at any time.
3.15 Discounts for new customers are only valid if customers have fully booked via the Busy Kiddies website and included the coupon code provided to them.
3.16 Any referral discounts will be applied upon completion of the referred customer’s booking with Busy Kiddies. The client who had referred will then need to enter the referred customers full name as a coupon code, which will then be cross referenced for validity before any referral discounts are provided.
3.17 Cannot use two coupons in conjunction with each other. One discount minimum per customer
Parents are responsible for paying BusyKiddies through the BusyKiddies website using an accepted method of payment. BusyKiddies will collect payment details at the time of the booking request
4.0 Cancellation
4.1 “Evening Babysitter/nanny” refers to bookings starting after 6pm
4.2 If an Evening Babysitter/nanny Booking is cancelled within 24hrs of start:
· The booking is non-refundable
4.3 “Daytime Temp Booking” refers to bookings starting before 6pm
4.4 If a Daytime Temp Booking is cancelled up to 2 working days before the
booking is due to start:
· 20% of the booking will be payable as a cancellation fee
4.5 If a Daytime Temp Booking is cancelled within 48 hours of the start:
· There will be no refund of the Booking
· 20% of total wage will be charged to the Client
4.6 No refunds will be given if a temporary placement is reduced after the start date
4.7 If a wedding or event package is cancelled within 7 days of start date, a 50% charge of booking will be payable
4.8 A full refund will apply if the booked Candidate cancels or no-shows to the booking and a second Candidate cannot be found as a replacement
4.9 A full refund will apply if cancellation is given in advance of over 24 hours for evening nanny/babysitters and over 48 hours for daytime nannies/babysitters.
5.0 Liability
5.1 Busy Kiddies childcare acts as an agent for the Client, not as an employer of the babysitter/nanny/au pair/tutor. Therefore the agency accepts no liability or responsibility for accident, injury, loss, damage or misconduct sustained by Candidates, Clients or any other persons and by employing a nanny or booking a Candidate through Busy Kiddies Childcare, The Client agrees to exclude the agency should any mishap occur
5.2 Busy Kiddies Childcare endeavours to validate the background of our Candidates. We cannot guarantee that all the information is correct. Busy Kiddies Childcare conducts thorough checks, conducts interviews, and ensures the Candidates hold or in the process of obtaining current first aid, and Candidates carry a current and valid Enhanced DBS check.
5.3 Although Busy Kiddies Childcare has high expectations of our Candidates and we aim to provide you with exceptional Candidates there is still no complete guarantee of reliability, honesty and character of the Candidate provided by the agency. Any concerns, please contact us immediately.
5.4 The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability insurance for domestic workers, including childcare
5.5 The Agency 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 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 or contracted by the Client. Candidates are not the employees of the Agency
5.6 While a Candidate is providing services for a Client from an introduction made by Busy Kiddies Childcare the Client undertakes to reimburse Busy Kiddies Childcare fully for all costs, claims, damages, and liabilities whatsoever arising from the Client’s wrongdoing or negligence
6.0 Confidentiality
6.1 All communication between both parties (Agency & Clients) shall remain confidential
6.2 Busy Kiddies Childcare requires the Client to provide accurate details of their address, contact details and full name
6.3 Clients agree that we may communicate with them by email, text message or phone in relation to any matter concerning childcare bookings made by the Client. Apart from in the course of arranging your childcare provision Busy Kiddies Childcare will keep your email address, phone number and other personal data confidential at all times
6.4 Busy Kiddies Childcare will release account and other personal information only when the above release is appropriate for the function of the website, to comply with the law; enforcement of our terms and conditions; or protect the rights, property, or safety of Busy Kiddies Childcare, our users or others. However you authorise your babysitter to tell a family member or friend where she/he will be, the expected return time and address of the babysitting booking. This is a simple safety measure for the babysitter.
7.0 Privacy
Please view our Privacy Policy
8.0 Warranties and Indemnities
8.1 The Client is not and will not hold themselves out as an agent of Busy Kiddies Childcare on any basis
8.2 No warranty is given for suitability, honesty, capability and character of any Candidates
8.3 The Client is fully responsible for employment and/or contracting arrangements with the Candidate and all or any legal responsibilities owed by them to the Candidate including without limitation any employment obligation or contractual responsibilities
8.4 The Client will hold Busy Kiddies Childcare harmless against any claims arising out of any claims brought against it arising from the Client’s dealings with and treatment of the Candidate howsoever arising
8.5 While Busy Kiddies Childcare uses reasonable endeavours to ensure that the site is available 24 hours a day, Busy Kiddies Childcare does not make any representations or warranties that your access will be uninterrupted or error free. Access to the site may be suspended temporarily without notice in the case of system failure, webhosting errors, maintenance or repair or any reason beyond our control.
9.0 Disputes
9.1 Busy Kiddies Childcare prefers to resolve any disputes via mediation. Please contact us for full details.
10.0 Transportation
All child carers arrange their own transportation to and from work. Parents are not held accountable for providing or paying for any transportation. However, Parents can agree with the child carer directly and can arrange for, or pay for a child carer’s taxi or transportation and pay directly to the child carer. This would be more so necessary if the booking time if between 11.30pm-6am, as there may be no access to transport links at this time. Busy Kiddies assumes no liability to the Parent, or to the Child carer or any third party for any transport arrangements.
11.0 Candidate Responsibilities
11.1 You are responsible for declaring any earnings made from your clients through the introductory service, Busy Kiddies.
11.2 Under the circumstance that you cannot work due to unforeseen circumstances, or if it has been planned, it is your responsibility to inform your client, and if you would like to find a replacement, or ask Busy Kiddies to do so, then that is acceptable. Please note that any replacements made must be DBS checked and approved, as well as provide this to Busy Kiddies and your employer (the client) before the client can approve. Your client may not agree to this.
11.3 It is at your discretion if you work at your clients desired location. Busy Kiddies is not responsible for agreeing upon location, it is solely down to your own risk assessments prior to working there if you would like to commence working at the agreed location.
11.4 You are reliable for making your own hours and days, Busy Kiddies does not choose these times, but will let you know the Client’s desired hours. You must let your client know if you agree to these hours or if you cannot fulfil these and rearrange a new time.
11.5 You are responsible for purchasing any equipment prior to your sessions. This could include stationary, notepads, subject materials.
11.5 You are responsible for any travel costs and arrangements, including petrol or transportation costs, prior to you working. It is advised to speak to you client prior to beginning any sessions with them, as clients may pay you these costs (this is an optional choice as clients are not required to do so).
11.6 Please note that as a self-employed Child care professional, you are not inhibited nor limited to work for other companies or agencies.
Permanent Childcare
Terms & Conditions
If you have any questions regarding the terms and conditions please call us on 077436 43084.
Please read this document carefully as it sets out the terms and conditions between Busy Kiddies Childcare (the Agency) and the employer (the Client) relating to the introduction of temporary and permanent staff to you (the Client) by Busy Kiddies Childcare (the Agency), 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 Busy Kiddies Childcare agency (the “Agency”). Acceptance of these terms and conditions by the Client takes affect when a verbal or written instruction by the Client to the Agency 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 The word “Client” refers to the person/family using Busy Kiddies Childcare services
1.4 The word “Candidate” refers to any person that Busy Kiddies Childcare introduces to the Client
1.5 The word “Babysitter/nanny/au pair/tutor”, “Tutor”, “Au Pair” and or “Nanny” refers to any person that Busy Kiddies introduces to the client.
1.6 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.
1.7 Posting false, incomplete, inaccurate or illegal information is strictly prohibited and may be punishable by law.
1.8 Unlawful or illegal use will be reported to the proper authorities and may be punishable by law.
2. Fees
2.1 A permanent position is a placement in excess of 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 day period, 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/nanny/au pair/tutor position) or if a temporary engagement is extended, then 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 £30 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.
2.5 Placement fees for nannies and babysitters are subject to a minimum payment of £2000 or the amount 5 x weekly NET annual salary.
2.6 Placement fees for au pairs and live in mother’s help have a placement fee of minimum £500 or the amount of 5 x weekly NET annual salary.
3. Confidentiality
1. All communication, however communicated, is confidential between the parties.
2. 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.
3. Busy Kiddies Childcare will release account and other personal information only when the above release is appropriate for the function of the website, to comply with the law; enforcement of our terms and conditions; or protect the rights, property, or safety of Busy Kiddies Childcare, our users or others. However you authorise your babysitter to tell a family member or friend where she/he will be, the expected return time and address of the babysitting booking. This is a simple safety measure for the babysitter.
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 personal 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 endeavours to provide the Client with only the most suitable Candidates. However, the Client must satisfy itself as to the suitability of the Candidate prior to 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 from 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 the employees of the Agency.
6.2 The Client is responsible for ensuring that their home contents insurance includes cover for Employers and Public Liability insurance for domestic workers, including childcarers. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
6.3 By using the Busy Kiddies Childcare Agency the client expressly authorises Busy Kiddies Childcare to collect and publish information about them as detailed in these terms and conditions and the client expressly waives any rights, whether in statute or at common law, to bring any legal action against Busy Kiddies Childcare as a result of Busy Kiddies Childcare’s publication of such information, whether the client considers that information to be fair and accurate or not.
6.4 Busy Kiddies Childcare website does contain links to third party advertisements and links to third party sites. Access to any other Internet site linked to Busy Kiddies Childcare website, is at the clients own risk
6.5 Busy Kiddies Childcare accepts no responsibility for the accuracy or reliability of any information, opinions, or statements made in any third party advertisements or on any third party sites.
6.6 Any outside users from other countries can access this website – Busy Kiddies Childcare makes no representation, the client expressly waive any rights whether in statute or at common law, to bring any legal action against Busy Kiddies Childcare as a result of Busy Kiddies Childcare publication of content within this website. The clients are responsible for ensuring compliance with all laws where they are located.
7. Refund Policy
7.1 Although Busy Kiddies Childcare endeavours to find a babysitter on request, we cannot always guarantee this will be possible.
7.2 In the unfortunate circumstance where a babysitter cannot be found on the requested date/s a full refund of the RMB agency fee will be given.
7.3 If a Candidate (who has been offered and has accepted a position with a Client) either does not start employment or leaves within 8 weeks of starting employment with the Client then one free candidate interview will be provided, subject to the following conditions:
1. The Agency is informed by the Client within 2 days of the termination of the employment
2. The relevant fee has been settled in full within 7 days of the date of invoice, or if the Candidate started before the end of the 7 day period, the fee was paid before the Candidate started work
3. The booking has not been cancelled by the Candidate because of unreasonable demands by the Client; or unreasonable working conditions; or a change in the job description; or a change in location; or a breach of the employment contract by the Client (whether signed or not) or employment regulations (including pay)
4. The Client is still intending to employ a childcarer and the Agency is given 3 weeks to find a suitable replacement; and
5. The Client does not use another agency or source or website during the 3 weeks to find a replacement.
7.2 If the Client changes their mind and does not go ahead with a placement (where a Candidate has been offered employment and has accepted), then the full relevant fee is still payable, even if no employment contracts have been signed. In addition, the Client is expected to pay the Candidate 1 week’s pay.
7.3 The Agency shall provide the Client with up to three candidate profiles for free replacement. Such profiles will be selected based on the information originally provided in the client’s job request and will be provided within two months of notification. Once one free replacement has been found, there are no further refunds or replacements offered.
7.4 In the event that a free replacement cannot be found, the Agency will refund the Client the following percentage of the original fee:
• If the Candidate leaves within the first 2 weeks: 75%
• 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%
7.5 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.
7.6 Although Busy Kiddies Childcare has high expectations of our nannies or babysitters and we aim to provide you with exceptional nannies and babysitters there is still no complete guarantee of reliability, honesty and character of the babysitter provided by the agency. Any concerns, please contact us immediately.
7.7 A placement is deemed satisfactory after 60 days – after this time frame no replacements will be given.
7.8 No refunds will be given if a temporary placement has been reduced after start date. .
7.9 No refunds full or partial shall be given if there are any discounts made to placement fees.
8. General
8.1 This contract shall be construed in accordance with 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. A copy of the signed contract needs to be emailed to the Agency within 7 days from the date of commencement.