Filipino Domestic Services – Terms and Conditions (Client)
1. Definitions
"Agency" means Filipino Domestic Services (company registration details to be added) whose registered office is at (address to be added);
"Agency Fee" means the relevant fee payable to the Agency for the Services as set out in clause 7;
"Assignment" means the period during which a Temporary Worker performs services or carries out work for or on behalf of the Client, beginning when the Temporary Worker first reports to the Client to take up duties and ending on the cessation by the Temporary Worker of all such work or services;
"Candidate" means a person introduced by the Agency to the Client for the purposes of engagement as a domestic worker, including but not limited to roles such as housekeeper, nanny, cook, or cleaner, on a temporary or permanent basis, whether full or part-time;
"Client" means the client named on the Client Registration Form for whom the Agency has agreed to provide the Services in accordance with these Conditions;
"Client Registration Form" means the form completed by the Agency using the details provided by the Client and sent to the Client with these Conditions;
"Cooling off period" means the cancellation period pursuant to regulation 30(2) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which ends at the end of 14 days after the day on which the contract is entered into;
"Conditions" means the terms and conditions of supply of Services as set out herein and any subsequent terms and conditions agreed in writing by the Agency and the Client;
"Engage(s) or Engagement or engaged" means the engagement, employment or use of the Candidate or Temporary Worker by the Client or any third party, whether under a contract of employment or contract for services or otherwise, on a temporary or permanent basis following an Introduction by the Agency;
"Instructions" means the instructions provided by a Client, whether orally or in writing, to the Agency to effect introductions to him/her for the purpose of obtaining Services on a permanent or temporary basis;
"Introduction" means the passing by the Agency to the Client of Candidate or Temporary Worker profiles or other information in relation to a Candidate or Temporary Worker;
"Services" means the services provided by the Agency to the Client as described in these Conditions;
"Temporary Worker" means one or more persons introduced or supplied by the Agency to the Client with a view to that person carrying out work for the Client.
2. Agreement
2.1. The Agreement between the Agency and the Client for the provision of the Services, incorporating these Conditions, shall only come into force when the Agency confirms acceptance of Instructions in writing through transmission of the Client Registration Form, by email or otherwise, which attaches these Terms and Conditions, to the Client (the "Agreement"). The fourteen day 'Cooling off period' (see clause 3) begins on the date when the Agency transmits the Client Registration form and the Conditions to the Client.
2.2. By providing Instructions to the Agency, and receiving the terms and conditions, the Client acknowledges and accepts these Conditions. Any and all business undertaken by the Agency is transacted subject to these Conditions.
2.3. These Conditions apply to the Agreement to the exclusion of all other terms and conditions and shall supersede any other documentation or communication between the Client and the Agency.
2.4. These Conditions shall apply to both permanent and temporary positions unless otherwise stated.
3. Consumer rights
3.1. If the Client is contracting as a consumer, the Client may cancel the Agreement by informing the Agency in writing at any time within fourteen calendar days of the date of the Agreement ('the Cooling Off period') and before the provision of the relevant Service. The Agency will then confirm the Client's cancellation in writing to the Client.
3.2. The Client may request that the Agency begins the supply of the Service before the end of the cancellation period by making an express request in writing, which once received shall be evidence of the Client's request that the Agency begins the supply of the Service before the end of the cancellation period, and the Client will no longer have the right to cancel the Agreement.
3.3. If the Client does make this request for services to start immediately in accordance with clause 3.2, the Agency will be able to start the provision of the Services immediately.
3.4. The Client is put on notice that the fourteen day period referred to in clause 3.1 ends at the end of fourteen days after the day on which the contract is entered into. No request for a refund on the grounds of being within the cooling off period will be accepted after this point.
3.5. The Client is further put on notice that where a Client has made an express request in writing for services to start immediately and during the cooling off period, then where the service has begun before the expiry of the cooling off period, the consumer must pay the Agency a) an amount for the supply of the service for the period for which it was supplied, ending only with the time when the Agency is informed of the consumer's decision to cancel the contract and b) an amount which is proportionate to what has been supplied, in comparison with the full coverage of the contract.
3.6. Where a Candidate has been offered, and has accepted, a position of employment, an engagement, or a contract for services on either a temporary or permanent basis, the service contract between the Agency and the Client will be deemed to have been performed in its entirety and no refund will be payable even if a refund is requested within the cooling off period.
4. Supply of Services
4.1. The Agency shall use reasonable endeavours to introduce to the Client, Candidates or Temporary Workers which the Agency considers suitable to be engaged by the Client to carry out work of such nature as notified by the Client. The Client shall specify in the Client Registration Form its exact requirements by providing full details of the type of work and period of Engagement or Assignment for which the Candidate or Temporary Worker is required.
4.2. The Agency shall carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations.
4.3. The Agency will use reasonable endeavours to introduce Candidates to the Client who it reasonably believes, following appropriate interviews and professional checks, to be of sound character, but cannot guarantee the suitability of the Candidate introduced to the Client. While the Agency will make reasonable efforts to ensure reasonable standards of skills, integrity and reliability in Temporary Workers and to comply with the Client's requirements, the Client accepts and agrees that the Agency gives no warranty as to the suitability of any Temporary Worker for any Assignment.
4.4. It is the responsibility of Clients to obtain necessary background checks, criminal record checks or police checks and to ask to see copies of any certification obtained by a Candidate or Temporary Worker. The Client is encouraged to conduct interviews with Candidates or Temporary Workers, as well as corroborating information provided to the Agency by referees.
4.5. At the request of the Client, the Agency may permit the Client to trial a Candidate or Temporary Worker for a period agreed between the parties ("Trial Period"). This Trial Period can only commence before an offer of employment or contract for services has been made. The Client will be liable to pay the relevant Trial Period fee in accordance with the Agency's fee structure, plus the Candidate's full wages for the Trial Period prior to the Trial Period commencing.
5. Responsibilities of the Client
5.1. The Client shall notify the Agency immediately should it choose to Engage a Candidate who has been introduced to it by the Agency. As a result of such Engagement, the Client agrees to pay the relevant Agency Fee to the Agency in accordance with clause 7.
5.2. If the Client finds a Candidate unsuitable but Engages the Candidate for any period of time, and the Cooling off period has expired, the Client agrees to pay the relevant Agency Fee to the Agency in accordance with clause 7.
5.3. The Client must pay the Agency the Placement Fee referred to in Clause 7 within 7 days of an offer of employment or contract for services being accepted by a Candidate, or by 5pm on the day before the start date of the Candidate's new position, whichever date is sooner.
5.4. The Client is responsible for the Engagement of the Candidate in accordance with all applicable employment legislation. The Agency will not Engage the Candidate directly and the Client is responsible for putting in place a suitable contract of employment or contract for services between the Client and the Candidate.
5.5. The Client is responsible for paying all wages and expenses of the Candidate and for procuring any necessary work permits or other certificates required to enable the Candidate to take up any position. The Client is also responsible for deducting the Candidate's tax, national insurance contributions and pension contributions (if relevant).
5.6. The Agency shall obtain references from each Candidate but it is the responsibility of the Client to satisfy himself/herself as to the suitability of any Candidate, to take up any references provided by the Candidate or the Agency and to make appropriate checks of all requisite qualifications or driving qualifications.
6. Temporary Workers
6.1. When supplying a Temporary Worker to a Client, the Agency will inform the Client, so far as enabled to do so by information provided by the Temporary Worker to the Agency:
6.1.1. of the Temporary Worker's identity;
6.1.2. that the Temporary Worker has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work on the Assignment;
6.1.3. whether the Temporary Worker is employed by the Agency under a contract of service or apprenticeship or a contract for services; and
6.1.4. that the Temporary Worker is willing to work on the Assignment.
6.2. The Agency will:
6.2.1. pay each Temporary Worker the wages to which the Temporary Worker is entitled by reason of carrying out work for the Client;
6.2.2. where appropriate, make deductions and account to HM Revenue and Customs for income tax in respect of the remuneration of each Temporary Worker; and
6.2.3. where appropriate, make deductions and account for all necessary national insurance contributions relevant to the remuneration of each Temporary Worker.
6.3. The Agency actively promotes equality of opportunity for all and seeks to prevent unlawful discrimination.
6.4. The Client will pay to the Agency for the supply of the Temporary Worker:
6.4.1. the hourly Fees in respect of each Temporary Worker for all hours worked by that Temporary Worker, as agreed between the Client and the Agency before the Assignment;
6.4.2. such travel and other expenses as having been agreed by the Parties in advance.
6.5. The payment of the Fees, travel and other expenses and commission will be made by the Client to the Agency prior to the date the Temporary worker is engaged with the client.
6.6. If the Client Engages any Temporary Worker directly, or indirectly (other than through the Agency), the Client will:
6.6.1. immediately notify the Engagement to the Agency; and
6.6.2. pay to the Agency an introduction fee calculated in accordance with the Agency's rates for such fees in accordance with clause 7.
6.7. The Client will:
6.7.1. specify its exact requirements by providing full details of the work for which the Temporary Worker is required;
6.7.2. not allow any Temporary Worker to undertake any work other than that which has been notified to the Agency by the Client in placing the order for that Temporary Worker;
6.7.3. verify at the beginning of the Assignment that the Temporary Worker is suitable for the purposes for which he is required and that he has the capability to carry out the duties required;
6.7.4. comply with all applicable laws and regulations relating to the engagement of temporary workers.
6.8. The Client acknowledges and agrees that:
6.8.1. Temporary Workers supplied by the Agency are deemed to be under the supervision, direction and control of the Client from the time when they report to the Client to take up their duties until their Assignment ends;
6.8.2. the Client is responsible for all acts, errors and omissions, whether wilful, negligent or otherwise as if the Temporary Worker was the Client's employee;
6.8.3. the Client will provide adequate employers and public liability insurance cover for the Temporary Worker during all Assignments.
7. Fees and Charges
7.1. The amount of the Agency Fee for permanent placements will be determined as follows:
7.1.1. Permanent Placement: The Agency Fee for permanent placements is calculated as 15% of the agreed gross annual salary of the Engaged Candidate, with a minimum fee of £2,000.
For example:
If the annual salary is £20,000, the Agency Fee would be £3,000 (15% of £20,000).
If the annual salary is £10,000, the Agency Fee would be £2,000 (the minimum fee applies as 15% of £10,000 is less than £2,000).
7.2. The Agency Fee for permanent placements covers the introduction and placement of a Candidate for a period of 6 months from the start date of the Candidate's employment with the Client.
7.3. For temporary placements or fixed-term contracts, please contact Filipino Domestic Services for specific pricing.
7.4. All payments must be in UK pounds sterling unless otherwise agreed in writing.
7.5. The Agency Fee is payable by the Client within seven working days from the date of Agency's invoice, or by 5pm on the day before the Candidate starts their engagement, whichever is sooner.
7.6. The invoice issued by the Agency must be settled in full prior to the Candidate commencing Engagement with the Client.
7.7. The Client shall be liable for and shall indemnify the Agency against all costs and expenses incurred by the Agency in respect of any steps, actions or proceedings made or brought against the Client by the Agency to obtain payment of outstanding Agency Fees and interest.
7.8. If the Client does not make a payment by the date stated in an invoice or as otherwise provided for in these Terms and Conditions, then the Agency will be entitled:
7.8.1. to charge interest (both before and after any judgement) on the outstanding amount at the rate of 8% a year above the base lending rate of the Bank of England, accruing daily;
7.8.2. to require the Client to pay, in advance, for any Services, or any part of the Services, which have not yet been performed; and
7.8.3. not to perform any further Services or any part of the Services.
7.9. The Agency reserves the right to change its fee structure at any time. Any changes will be communicated to the Client in writing and will apply to any new Instructions received after the date of such communication.
8. Additional Fees
8.1. Where a temporary position subsequently becomes a permanent position, the Client shall be required to pay the relevant full Agency Fee for the permanent position, calculated as per clause 7.1.1.
8.2. If a Candidate Engaged by the Client on a temporary basis is re-engaged by the Client within six calendar months of the termination of the original period of engagement (whether such reengagement is on a temporary or permanent basis), then a further Agency Fee shall be payable by the Client to the Agency. Such fee shall be equal to the Agency Fee which would have been payable if the Agency had introduced the Candidate to the Client at the time of re-engagement.
8.3. 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 within 12 months of the initial introduction, then the Client shall be liable to pay the full Agency Fee as set out in clause 7.1.1.
8.4. For the purposes of attending interviews, the Client is responsible for a Candidate's reasonable travelling expenses which are properly incurred and evidenced by appropriate receipts. The Client shall settle this directly with the Candidates.
9. Replacements, Refunds and Cancellation
9.1. If the Candidate does not commence the engagement with the Client after accepting an offer of employment or if the Candidate leaves the engagement within six calendar months of commencing such an engagement, the Agency shall provide one suitable Replacement Candidate at no extra cost to the Client, subject to the following conditions:
9.1.1. The Client has paid the Agency Fee in full and in accordance with these Conditions;
9.1.2. The Client notifies the Agency in writing within 7 days of the Candidate's departure;
9.1.3. The Client's original job specification has not changed;
9.1.4. The Client has not been abusive, negligent or acted in any way that would reasonably cause the Candidate to leave their employment;
9.1.5. The Candidate's departure is not due to redundancy, restructure, change of job description, or any other reason not related to the Candidate's performance or conduct.
9.2. The replacement provision in clause 9.1 is limited to one replacement Candidate per original placement.
9.3. If the Agency is unable to find a suitable Replacement Candidate within 4 weeks of being notified of the Candidate's departure, the Client may be eligible for a partial refund as outlined in clause 10.
9.4. In the case of cancellation of an engagement by the Client after an offer has been made to a Candidate, the following cancellation fees will apply:
9.4.1. Cancellation with more than 14 days' notice before the start date: 25% of the Agency Fee
9.4.2. Cancellation with 7-14 days' notice before the start date: 50% of the Agency Fee
9.4.3. Cancellation with less than 7 days' notice before the start date: 100% of the Agency Fee
10. Refunds / Complaints
10.1. The Agency does not offer monetary refunds outside the Cooling Off period referred to in Clause 3, except in the following circumstances:
10.1.1. If the Agency is unable to find a suitable Replacement Candidate as per clause 9.3, the Client may be eligible for a partial refund calculated as follows:
- Candidate leaves within second month: 50% refund of the Agency Fee
- Candidate leaves within fourth month: 25% refund of the Agency Fee
- Candidate leaves within sixth month: 10% refund of the Agency Fee
10.2. No refund will be provided if the Candidate leaves after six months of employment.
10.3. All refund requests must be made in writing within 7 days of the Candidate's departure.
10.4. Any complaints about the service provided by Filipino Domestic Services should be directed in writing to info@filipinodomesticservices.co.uk. The Agency will acknowledge receipt of the complaint within 2 working days and will aim to resolve the matter within 14 days.
10.5. These refund and complaint policies do not affect the Client's statutory rights.
11. Liability
11.1. The Agency confirms that, in introducing any Candidate or Temporary Worker to the Client, it is not aware of anything which will cause any detriment to the interests of that Candidate, Temporary Worker, or the Client if the Candidate or Temporary Worker fulfills the Engagement or Assignment.
11.2. The Agency shall not be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the introduction or Engagement of a Candidate or Temporary Worker, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of the Agency.
11.3. The Agency shall not be liable for the following categories of loss:
11.3.1. Loss of income or revenue
11.3.2. Loss of business or opportunity
11.3.3. Loss of profits or contracts
11.3.4. Loss of anticipated savings
11.3.5. Loss of data
11.3.6. Waste of management or office time
11.3.7. Any indirect or consequential loss or damage of any kind, however arising
11.4. The Client shall indemnify and keep indemnified the Agency against any costs, claims or liabilities incurred by the Agency arising out of any Introduction or Engagement of a Candidate or Temporary Worker or the use by the Client of the services of any Candidate or Temporary Worker.
11.5. Any liability of the Agency shall be limited to the Agency Fees paid by the Client in respect of the relevant Engagement.
12. Termination
12.1. The Agreement shall continue until the Services have been provided as required in accordance with the Client Registration Form or any subsequent date as mutually agreed in writing by both parties.
12.2. Either party may terminate the Agreement by notice in writing at any time to the other if:
12.2.1. The other party commits a material breach of these Conditions and, in the case of a breach capable of being remedied, fails to remedy it within 14 days of being given written notice from the other party to do so; or
12.2.2. The other party commits a material breach of these Conditions which cannot be remedied under any circumstances.
12.3. Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
13. Confidentiality / Consent / Data Protection and Transfers outside the EEA
13.1. All information provided by either party to the other, including but not limited to any personal details relating to the Candidate, Temporary Worker or the Client, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Candidate or Temporary Worker (as the case may be).
13.2. By entering into this Agreement, the Client provides explicit consent to the Agency to share their full name, home address, and contact details with any prospective Candidates or Temporary Workers which the Client confirms to the Agency they wish to meet or interview.
13.3. The Client also provides explicit consent to contact from emails being sent from staff employed by the Agency, to the Client's email address and telephone numbers. Some of these emails may contain personal data.
13.4. The Agency processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. The Client acknowledges that they have received a copy of the Agency's privacy policy that sets out how the Client's information may be used by the Agency.
13.5. By entering into this Agreement, the Client provides explicit consent to any transfer of their personal data outside the EEA as may be necessary for the performance of this Agreement.
14. General
14.1. Neither party may assign, transfer, or in any way make over any of its rights or obligations to any third party without the written consent of the other party.
14.2. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing either by letter or email addressed to the other party at its registered office or principal place of business or such address as any at the relevant time has been previously notified to the party giving the notice.
14.3. No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.4. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
14.5. English law shall apply to this agreement, and the parties agree to submit to the exclusive jurisdiction of the English courts.
14.6. The Agency reserves the right to update or amend these terms and conditions from time to time. The Client will be notified of any significant changes.
14.7. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, understandings, and arrangements between them, whether written or oral, in respect of its subject matter.
14.8. A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement