TERMS AND CONDITIONS OF E&D MOTHER’S HELP (AGENCY & CLIENT)
E&D Mother’s Help is trading name of E&D Cleaning Services Ltd. These are E&D Cleaning Services terms of business and you enter into this agreement once you make an order of our services by phone, online, in person or in writing.
1. REGULAR MOTHER’S HELP AND NANNY SERVICES
1.1 In receipt of payment of monthly commission from you in accordance with Clause 2 below, we will provide you with an assistant from our database of approved babysitters, nannies, housekeepers.
1.2 We will check and vet each assistant and provide details to you as we may find it necessary.
1.3 A Regular Contract is regarded as engaged once a trial visit has been conducted and you have supplied us with a regular schedule for the visits ahead. If you don’t wish to proceed with a contract after the trial visit that will be regarded as one-off visit and the one-off price will be due.
1.5 We as an Agency will carry out quality checks on the assistants’ performance, to uphold an acceptable standard.
1.5 The assistants are self-employed & are contracted to take care of the child(ren) /and housework by the Agency at your property.
1.6 The minimum hours for a Regular Contract on Weekly basis is 3h per visit and 4h per visit on Fortnightly basis.
2.1 You agree to make payments to the agency on monthly basis in advance.
2.2 Payment methods for the charges of the agency can be by cheque, Bank Transfer, standing order or Debit/Credit Card and for the assistant to our client account for regular contract.
2.3 Payment to the assistant/nanny is done through our client account and you are not allowed to pay the assistant directly as we have no way to mediate payment disputes.
2.4 The minimum fixed term for this Agreement for regular house work and nanny services is 12 months with 3 months break clause. You can end this Agreement by giving at least 1 month’s original written notice after the first 3 months.
2.5 Canceling or changing appointments should be done only through the agency and not directly with the nanny/housekeeper. Such changes can be done 24 hours prior a visit. Otherwise you will still be charged for the visit.
2.6 Upon expire of the agreement a statement will be provided with final charges due if any adjustments are to be applied. Final payment and adjustments are required to be received within 7 days of the date of contract termination or within 7 days of the last visit whichever occurs first before the contract can be terminated.
2.7 Should you have the intention to permit the nanny/housekeeper to hold keys for the property The Agency will ensure that the she signs a key security deposit form and will be covered by the insurance.
2.8 You can use the nanny/housekeeper for more hours than the regular contract, the extra visits will be added to the charges of the following month’s advance payment and you must inform E&D for the extra time otherwise it will be interpreted as a breach of contract.
2.9 If your payments are not made on time or in advance a surcharge of 8% will be applied per month for each month’s delay. Should we be required to pursue payments which you refuse to pay for services rendered we will request payment for the expenses in collecting the initial payment as well as fees to other in situations involved in the collection process.
3 THE CLIENT’S OBLIGATIONS
3.1 You will be responsible for providing us and the nanny/housekeeper times, giving instructions, and for the correct and punctual payments at the agreed hourly rate through our client account.
3.2 You would need to notify the agency at least 24 hours prior to – changes in hours and days the assistant must work, – complaints to nanny/babysitting relating to assistant change – absence of nanny/housekeeper and for us to rectify the situation.
3.3 You would be required to supply all the necessary materials and equipment for the assistant to carry out her duties unless you requested that to be supplied by the agency at a surcharge.
3.4 You must allow the nanny/housekeeper access to hot water & power for the equipment & materials when cleaning is to be carried at the property and all fragile and breakable items must be secured or removed.
3.5 The client agrees to inspect the work immediately after it is completed and to draw to the attention of the cleaner of any such further work to be carried out reasonably required but if the client is still not satisfied the client must notify us in writing immediately.
3.6 If keys are provided they must open the lock without any special efforts or skills if we cannot get access to your property because of faulty lock a charge for that visit will still apply.
3.7 If the nanny/babysitter need to collect keys from a third party’s address outside the postal code of work then a £10.00 charge may apply.
3.8 The client understands that the price he/she has been quoted is not for a “package deal” and does not include anything apart from nanny services, mother’s help and housekeeping at the agreed property and at the agreed amount of hours.
3.10 The client accepts and understands that poor service, breakage/damage or theft must be reported immediately after the service visit. Failure to do so will entitle clients to nothing.
3.11 If the client is not completely satisfied with the assistant’s job, we will organise to instruct the nanny/housekeeper on what should be concentrated and if necessary replace the person but only when the client has reasonable grounds.
3.12 We reserve the right for our workers not to be responsible for: cleaning job not complete due to the lack of suitable cleaning materials and/or equipment in full working order, hot water or power; third party entering or present at the client’s premises during the cleaning process; wear or discoloring of fabric becoming more visible once dirt has been removed; any accidental damages caused by our nanny/housekeeper if the customer has an unpaid balance owed to Us.
3.13 The client cannot subcontract or employ the nanny/housekeeper directly or recommend her to third party without the engagement of the Agency. Failure to do so will result in referral fee of £700 due to the Agency
4 OBLIGATIONS OF THE AGENCY
4.1 Once you book the Agency will allocate to you and send you a nanny/housekeeper, should you not be satisfied with the assistant the agency will send you another candidate.
4.2 Should you cancel a nanny/housekeeper prior to us sending a £25 cancellation fee will apply.
4.3 We will take great care in selecting nanny/housekeepers and checking their references and documents to make sure they are competent work people but we cannot be held responsible for any reason for failure of selection procedure or worker arisen problems.
4.4 When a nanny/housekeeper falls ill, go on holiday or leave for any reason whatsoever, then We will undertake to supply a replacement nanny/housekeeper at the earliest opportunity and in any event within 3 days of notification of the departure of the original introduced nanny/housekeeper.
4.5 If a client has any dispute or claim E&D Cleaning Services will act as mediator to resolve the case with the nanny/housekeeper.
5.1 You are the contractor of the Assistant and must ensure that your household insurance policy provides employers’ liability cover in respect of domestic servants with a minimum level of cover of £1,000,000 per claim.
5.2 As a benefit to You each Assistant will have their own insurance policy which includes public liability cover providing for a maximum payment of £1,000,000 in the event of damage to the Client’s property, provided that this damage is caused by the negligence or omission of the Assistant. We will not be liable for any act, default or omission of the Assistant.
5.2.1 The insurance policy will only cover damage to property if and to the extent that the damage is of a value in excess of £250. Smaller claims will be covered by the nanny/housekeeper.
5.2.2 No such insurance will be arrange referred to in this clause if the Client, in accordance with the terms and conditions of this Agreement, has not paid the contracting fees of the Assistant.
5.3 Items excluded from liability are: cash, items of sentimental value (the clients will be credited with the items present cash value), art and antiques. Key replacement /locksmith fees are paid only if keys are lost by our operatives.
5.4. Damage claims will only be accepted by the nanny/housekeeper only if done immediately after every visit. Claims made at a latter stage will not be accepted neither by the agency nor by the nanny/housekeeper. Upon termination of contract damage claims are only accepted for the last visit and only if they are made immediately after the visit and before the nanny/housekeeper leaves the property.
6 EXCLUSION OF LIABILITY
6.1 The Agency doesn’t accept liability for any business loss (without limitation, any loss of contracts or business opportunity, loss of revenue, loss of profits or loss of anticipated savings in expenditure).
6.2 The Agency shall not be liable under any circumstances for any losses that the Client suffers as a result of any failure by a nanny/housekeeper to comply with his/her contractual obligations for whatever reason regardless of the fact that such nanny/housekeeper may have been recommended or introduced to the nanny/housekeeper by the Agency.
6.3 In any event, the Agency shall not be liable for any loss or damage whatsoever caused by bleach or any substances containing bleach.
6.4 The Agency may keep any retainer, and decide not to allocate the Client a nanny/housekeeper, if it believes that the Client is acting unlawfully, or is an unreasonable contractor, the Agency’s decision being final in this matter.
6.5 If the Agency believes that the Client has used, or is attempting, or intending to use, a nanny/housekeeper without paying the Agency, the Agency’s decision being final in this matter, the Agency has the right not to supply the Client, and to keep any retainer.
6.6 The agency can’t be held responsible for homework supervision as we introduce sub-contracts that perform the duties and even though great care will be taken when doing the job no performance guarantee can be given.
6.7 The Agency and the homework assistants cannot be held responsible for failing of the child to learn the material being thought.
7.1 This agreement can be terminated only when there no outstanding fees owed by the client.
7.1.1 We will be required to give 1 week notice and terminate the contract subject to clause 2.4
7.2 The client cannot employ or contract a nanny/housekeeper which has been introduced by the agency to the client for a 12 month period after the contract termination should the client do so the situation would be regarded as the contract has not been terminated and the money to the agency immediately be owed for the introductory services.
7.3 You as a client are not allowed to refer a nanny/housekeeper from the Agency to anyone unless you refer the agency itself. This is regardless of whether you have a contract with us or it has been terminated. Should this clause be broken you would owe compensation to the agency of referral fee of £700
7.4 In clarification to point 7.2 and 7.3 The Client agrees that after the termination of the regular contract service he/she will not hire or use any domestic services provided by a present or past cleaner introduced to the Client by Us. If the Client does wish to hire or use the domestic services provided by the Agency but retain the services of the cleaner then he/she must pay a referral fee of £700.
7.5 Should the client want to cancel the contract at any point or stop paying for the cleaner and requests cleaners to stop attending his property the contract will be regarded as terminated and a £250 cancellation fee will be owed by the client to the Agency for not providing proper notification of contract cancellation.
7.6 A referral fee will be owed by the client if his or past cleaner recommends a different cleaner or cleaning agency even if that cleaner has not been contracted by E&D Cleaning Services.
7.7 The expenses that we enquire for any fees we need to collect form the client will be added additionally to the fees collected.
8.1 It is the intention of the Agency that the terms and conditions are made available to the client by copy or have available on the website. It is the client’s responsibility to obtain and to have read and understood the terms and conditions of the Agency.
8.2 The client agrees that by booking our services he has read and accepted our terms and conditions of business.
8.3 If any provision of this Agreement shall be found to be void, invalid or unenforceable, the remainder of this Agreement shall remain in full force.
8.4 No delay or failure on the part of the Agency to exercise or enforce any rights or remedies pursuant to the terms of this Agreement shall constitute a waiver of such rights or operate to prejudice the exercise of any such rights at any time thereafter.
8.5 By ordering E&D Cleaning Services by telephone, e-mail, fax or through website(s) the customer agrees to be bound by these terms and conditions.
8.6 The above terms and conditions shall be governed by the relevant English and Walsh law, and by agreeing to be bound by them the client agrees to submit to the exclusive jurisdiction of the relevant courts of the placecountry-regionUK.
8.7 We reserve the right to make any changes to any part of these terms and conditions without giving any prior notice. Please check the website(s) for updates.