The Oakmont Agency Ltd.
TERMS AND CONDITIONS OF BUSINESS
In these Terms and Conditions of Business the following definitions apply:
Client: the individual, company, organisation, corporate body, with any subsidiary or associated company to which the Applicant is introduced.
Applicant: the person organised by the Company on behalf of the Client.
Company: The Oakmont Agency Ltd, and/or its trading divisions including without limitation Event Supplies Ltd. 1 Queen's Park Road, Handbridge, Chester, CH4 7AD
Introduction: the Client's interview of an Applicant in person, via phone or video call following the client's instructions to the company or passing on of information of an Applicant's details, curriculum vitae, references and or the passing on of an Applicant's curriculum vitae, personal details, references or availability to a client.
Childcare Provider: Mother's help, Nanny (part or full time), babysitter introduced by The Oakmont Agency.
Appointment: use or employment of the Applicant by the client or a third party, on any basis.
The Oakmont Agency operates under the following terms and conditions. These should be read carefully in conjunction with our fees set out on our 'About us' page at www.theoakmontagency.co.uk.
1 - The Company is not an employer of the Applicant but acts as an introduction agent of the applicant to its Clients. These applicants may be childminders, nannies, babysitters or mothers help.
2 - The Client and Applicant will be deemed to have accepted the Company's Terms and Conditions of Business when an Introduction is made and an offer of Appointment is agreed.
3 - The Applicant agrees for The Oakmont agency to undertake the necessary checks required to join the agency. These checks will include obtaining personal and professional references and the information gathered during these checks, including references, can be shared with any clients subject to clause 9 of these terms and conditions.
4 - Clients must inform the Oakmont Agency of any offers of appointments to Applicants. The Client must agree duties, pay, hours, place of work, holiday and notice period prior to an Appointment commencing. The Oakmont Agency assumes that such details have been agreed unless the client notifies us to the contrary in writing.
5 - Babysitting, Mother's Help and ad hoc childcare Appointments - our agency fee will be due at time of booking, we accept Visa, VPay, Mastercard, Maesto, American Express, Diners Club International, Discover, Union Pay, GPay and Apple Pay as well as bank transfers. Payment to your Childcare Provider should be made in person on the day care is to be provided or by bank transfer as arranged with your Childcare Provider. If agency fees are not received the Appointment will not commence.
6 - The Oakmont Agency introduces Applicants on the understanding that the Client will employ the Applicant directly paying the Applicant's tax and NIC unless the applicant is used only for ad hoc care and is already registered as self employed.
7 - In the event that the Applicant needs to cancel the booking prior to commencement or during the booking, the Company will endeavour to find a replacement. If one cannot be found your booking fee will be refunded.
8 - Client's agree that if we introduce them to an Applicant who they have previously been introduced to from another agency or otherwise that they will inform us immediately. Should they offer an Appointment to the Applicant via another agency or privately then our introduction fee will be payable. If the Client makes an offer of Appointment other than the original role description then our introduction fee will be payable. If the Client finds a suitable Applicant through The Oakmont Agency but uses another agency to arrange the Appointment then our introduction fee will be payable.
9 - All information relating to an Applicant is to be kept strictly confidential. Should information be passed to a third party which results in the appointment of the Applicant within 6 months of introduction this will deem the Client liable for our introduction fee.
10 - Applicants agree to keep all client information confidential. Applicants who do not adhere to this will be removed from the agency with immediate affect.
11 - In the case of temporary short term care for any reason the Client agrees to pay a further and subsequent introduction fee/s if they use the same Applicant within 6 months.
12 - If an initial part time Appointment is made permanent within 6 months the permanent fee will be payable. The Client agrees to notify The Oakmont Agency of such changes.
13 - If the Client wishes to cancel any Appointment after terms are agreed before the Appointment begins the Client will be liable for 50% of the introduction fee.
14 - If a Client cancels any applicants Appointment once employment has commenced, no refund or replacement will be provided except at the discretion of The Oakmont Agency.
The Oakmont Agency offer replacements or refunds in the following circumstances -
i - Should the applicant fail to undertake the Appointment, unless this is due to unreasonable behaviour by the Client.
ii - Should the applicant in a permanent position leave within 6 weeks of commencement of the role refunds will be categorised by the following: up to 2 weeks 50%, up to 4 weeks 25%, up to 6 weeks 12%.
Refunds or replacements will only be provided if the reason for leaving is unconnected to:
Change in location of the role
Change in job description
Unreasonable working conditions
Unreasonable behaviour
Failure to comply with employment legislation
Failure to comply with Health & Safety standards
15 - Should an Applicant in a temporary Appointment leave or be asked to leave within the agreed contracted time a pro rata refund of 50% of the original invoice will be made if a replacement cannot be found. Refunds and replacements will only be given for reasons unconnected to:
Change in location of the role
Change in job description
Unreasonable working conditions
Unreasonable behaviour
Failure to comply with employment legislation
Failure to comply with Health & Safety standards
16 - Clients are requested to inform The Oakmont Agency in writing within 48 hours of termination of an Appointment. Requests for refunds will not be considered if the client is unwilling to interview new Applicants or fails to co-operate in the replacement process in any way.
17 - If the Client does not need or want a replacement no refund will be given. If the Client fails to abide by a previously agreed start date, no refund or replacement will be given unless there are serious extenuating circumstances and this will be at the discretion of The Oakmont Agency. If after deeming an Applicant unsatisfactory to The Oakmont Agency the Client continues to retain the services of said Applicant, no refund or replacement will be given.
18 - Each Client is strongly advised to obtain their own references and background checks on the Applicant. The Oakmont Agency completes suitability checks for each Applicant however final responsibility for employing the Applicant lies with the Client. The Company will advise the Client of the DBS status of the Applicant as well as confirming whether ID, NIC, right to work, references, proof of address, driving licence and qualifications have all been checked and returned satisfactory.
19 - In the event any Losses incurred, whether direct, indirect, consequential or otherwise, the Company will not accept any Liability under any circumstances. The Company will not accept any liability suffered by the Client, the Client's dependents, or any other person (directors, officers, employees, agents, shareholders and representatives) arising out of any alleged or actual acts or omission of the Applicant or of the Company. Losses includes damages, expenses, demands, claims, awards, costs, compensation and any other losses and expenses including legal fees. Liability - liability in contract, tort, breach of statutory duty or otherwise.
20 - Email addresses shared with us will be used to advertise our products and services and you can be removed from our mailing list by request.
21 - If any of these Terms and Conditions prove to be invalid or unenforceable under any rule or law, all other terms and conditions will remain in full effect.
In the event that these Terms and Conditions are changed a copy will be sent to Client highlighting the changes and from when they apply.
© The Oakmont Agency 17.03.2022
All Rights Reserved