TERMS AND CONDITIONS OF BUSINESS
“Agency” means Koru Kids Limited.
“Candidate” means any domestic worker who is introduced (whether orally or in writing) to a Client by the Agency.
“Commencement Date” means the date upon which an Engagement commences “Client” means any person (including any firm or corporate body) to whom a Candidate is introduced.
“Engagement” means the Client making an arrangement to engage, employ or use a Candidate
2. BASIC TERMS
a. These Terms and Conditions of Business (the “Terms") constitute the entire agreement between the Agency and the Client for the introduction to the Client of Candidates and are deemed to be accepted by the Client by virtue of the Client:
- requesting the Agency to provide details of Candidates; or
- contacting a Candidate; or
- offering employment to a Candidate (the “Offer”); or
- passing on any information about a Candidate to any third party following an introduction
b. No variation or alteration of these terms and conditions shall be valid unless agreed in writing.
a. The Client will use the Agency’s payroll and payment system to pay the Candidate. The Agency will charge a fee for this service as agreed between the Agency and the Client. Details of the payroll service are contained in Schedule 1.
b. If by reason of the Client ceasing to use the Agency’s payroll and payment system or otherwise, the Agency has reason to suspect that the Client is evading the payment of tax, the Agency is obliged by law to report this to HMRC who investigate as a criminal offence.
4. AGENCY AND CLIENT OBLIGATIONS
a. The Agency will interview Candidates, take up references, check for appropriate qualifications and criminal record checks, assess attitude and experience, inform Candidates of the nature of the role and check that Candidates are willing to work in the position which the Client seeks to fill.
b. The Agency will endeavour to introduce the Client to Candidates as well suited as possible, based upon the information which the parties have provided. To this end the Agency will seek to provide the Client with all relevant information concerning the Candidate which has been made available to the Agency. The Agency cannot guarantee that all the information provided by the Candidates or other third parties is accurate. The final responsibility for any decision to engage a Candidate rests with the Client, who is therefore strongly advised to check details, documentation and references personally. The Client shall also be responsible for obtaining work and other permits for the Candidate where necessary. The Agency does not offer any warranty as to the suitability, honesty, character or capability of any Candidate.
d If the Client requests a Candidate who is qualified to drive, the Agency will submit details of candidates who have stipulated that they hold a valid driving license for the UK, and will endeavour to obtain a copy of their driving licence,but the Agency is unable to make any guarantees about the Candidate’s driving qualifications or the standard of their driving. It is the responsibility of the Client to verify the Candidate’s driving standard and qualifications, and ensure that the Candidate is adequately insured.
e. While the Agency will endeavour to meet the requirements of the Client it is under no obligation to ensure that the Client is introduced to any Candidates. The Agency reserves the right to refuse to supply the Client with Candidate details at its own discretion.
f. The Client is responsible for ensuring compliance with all employment and other relevant legislation and regulations and all taxation obligations including, without limitation, national insurance contributions relating to the Engagement and all payments made to a Candidate and in any other way relating to the Engagement. Koru Kids undertakes to ensure that the Client is properly registered as an employer with HMRC; and to pay to HMRC any taxes and national insurance charges (employee and employer) which are due as a consequence of employment of the Candidate, following timely receipt of the agreed per hourly rate from the Client.
g. The Agency holds no responsibility for the employment contract between the Client and the Candidate, which is solely a matter to be arranged between the Client and the Candidate. The Agency may draft an employment contract which should be treated solely as an example for guidance. Once finalised by the employer, the contract signing process may be administered by the Agency. Once the contract between the Client and the Candidate has been executed, the Client is responsible for submitting a copy to the Agency, in accordance with the Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Act”); Under the Act the Agency is required to hold a copy of the employment contract between the Client and the Candidate. The Client warrants that conditions relating to tax, national insurance, working hours, holiday and sickness benefit, accommodation, remuneration, notice and grievances shall be notified in writing to the Candidate on Engagement.
i. It is the Client’s obligation to immediately inform the Agency if the Agency introduces a Candidate who has already been introduced to the Client by a
third party. In the absence of any such notification the Agency is entitled to assume that it effected the introduction and the relevant Fee will be payable.
5. REPLACEMENTS, REFUNDS AND CANCELLATIONS
a. The Agency cannot guarantee that a Candidate will complete a specific period of Engagement, and likewise does not guarantee to the Candidate that the Client will engage the Candidate for a specific period. No refunds for fees will be given.
The Agency shall endeavour to introduce Candidates who are suitable for the Client’s requirements. However the final decision to employ a Candidate is the sole responsibility of the Client and the Agency shall not be liable for any costs, damage, losses (including loss of earnings), injury (unless due to the Agency’s negligence) or misconduct related to the introduction of the Candidate to the Client or due to any inaccuracy in the information provided by the Candidate or any third party or from any failure to introduce a Candidate. In no circumstances shall the Agency have any liability to the Client beyond the value of the fees paid. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.
Payroll calculations will be based on information provided by the Client. The Agency accepts no responsibility for any financial loss arising from errors in this information or in documents which the client has undertaken to check. The Agency will not be held responsible for any penalties levied by HMRC, loss or overpayment of wages, tax or national insurance due to calculation errors resulting from incorrect or incomplete information supplied by the Client or late submission of documents or monies by the Client to the Agency or to HMRC.
a. All information provided by the Agency to the Client is confidential and must not be passed to a third party directly or indirectly (unless required by a law enforcement agency).
b. The Data Protection Act 1998 (the “Data Protection Act”) regulates the processing of personal data. The Client consents to the holding and processing of personal data (including sensitive personal data) (as defined in the Data Protection Act) which relates to it by the Agency in accordance with the provisions of the Data Protection Act.
These Terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
Schedule 1: Payroll service
The Koru Kids payroll service includes the following:
• Preparation of a bespoke contract for consideration by the Employer
• Administration of contract signing, which can be done electronically by all parties via the Platform
• Registration as an employer with HMRC, and PAYE scheme setup
• Provision of monthly payslips for your nanny
• Payment of quarterly tax and national insurance due to HMRC, on your behalf
• Electronic filing of a Full Payment Submission (FPS) with HMRC each time you pay your nanny, or an Employer's Payment Submission (EPS) in any month you do not pay any employees
• Electronic filing of an Employer's Annual Return (P35) and Employee's Pay and Deductions Summary (P14) with HMRC at the end of every tax year
• P60 and P11d at year end, plus processing of a P45 if required
• Administration of Statutory Sick Pay should your nanny go on sick leave, and Statutory Maternity Pay should your nanny fall pregnant. In that eventuality,
Koru Kids would also liaise with HRMC to reclaim SMP
• Storage of payroll records on your behalf
• If a pension is required, Koru Kids or its agent will set this up with NEST (the national provider set up by the government employee savings trust); make all necessary declarations to NEST each month; and handle the statutory communications with both the Pensions Regulator and your nanny. We will also include the necessary pension contributions on the normal monthly payslip.
At Koru Kids sole discretion, the payroll and/or pension service may be subcontracted to a reputable payroll service, e.g. PAYEforNannies.