Terms and Conditions
In order to begin the search for a household staff member, you will need to respond confirming that you have received, read and agreed to the following Terms and Conditions (hereafter “T&C”).
The following T&C are between Holgate Nannies, a Dutch company established in Amsterdam, registered in the Dutch Traderegister under number 65806832 (the “Agency”) and the Agency’s client (the “Client”). The relationship between the Agency and the Client shall be subject to these T&C (collectively, the “Agreement”). If there is any conflict between this Agreement and others agreed to by the Agency and the Client, this Agreement shall prevail, unless otherwise stated. This Agreement shall be deemed accepted once signed by both the Agency and the Client. Application of terms and conditions of the Client or any other agreement is expressly precluded.
The first step to creating a relationship between the Agency and the Client is known as the introduction. An introduction is designed to bring Clients and potential nannies, maternity nurses, or governesses (collectively, hereinafter “Nanny” or “Nannies”) together in a working relationship.
The first step to creating this working relationship is the execution of this Agreement. Upon execution, the Agency will begin searching for a Nanny, while the Client will pay the introductory fee for such a service by seven (7) business days. The introductory fee is confirmed in the Assignment confirmation. If the Client cancels the Assignment after the Nanny has accepted such Assignment, but before the Nanny begins work, the Client shall pay the Agency 25% of the introductory fee. Such payment is due within seven (7) days of the date of invoice.
The Agency does not guarantee that a suitable Nanny will be found nor does it guarantee any term within which an introduction can be made. Only if communicated explicitly in writing, the delivery terms indicated by the Agency for making an introduction are never final terms.
An introduction is formally made when the Agency notifies the Client of a potential Nanny’s name and provides the Client with the Nanny’s identifying details, including address, phone number, and any other relevant information.
If the interview between the Client and potential Nanny is overseas, the Client will reimburse all costs incurred by potential Nanny in so attending. The Client shall further reimburse all related, reasonable travel expenses for the overseas interview. If the Client chooses to make an offer to a Nanny at this juncture, they will inform the Agency accordingly.
The Agency’s Services
Once the Client has chosen a Nanny for work in or for their household (the “Assignment”), a fee is due to the Agency. A “Permanent Assignment” is an assignment for any period of more than three consecutive months, for which a fixed fee applies (the “Fee”). The Fee is confirmed in the Assignment confirmation.
Payment of the Fee to the Agency is due immediately upon the offer being accepted by the Nanny (and not when the Assignment begins). In no event shall payment be made later than fourteen (14) days such date.
In the event that a temporary Assignment becomes a Permanent Assignment within twelve months of the completion of the first temporary Assignment, the full fee for a Permanent Assignment, as defined above, is payable to the Agency.
The Agency shall carry out its services adequately, in conformity with demands of accuracy and quality. In the execution of the Agreement, the Agency is bound to use its best endeavours. The Agency’s responsibilities are however limited to facilitating the introduction between the Client and a Nanny and the provision of the Nanny’s details to the Client.
In the event the hours are increased on a permanent basis during the first year of the placement the Agency will be informed and
fee total increased accordingly.
The Agency may charge the Client interest on any overdue payments, from the first due date until payment is made. Such interest is charged at a monthly rate of 5%. In addition, the Agency is entitled to charge debt collecting costs of 15% of the outstanding amount, with a minimum of €250.
In the event that Client has not fulfilled its payment obligations, the Agency is entitled to suspend any obligations under the Agreement for as long as Client is in default. Objections from Client to an invoice do not postpone the payment obligations of Client.
All fees mentioned in these Terms, the Assignment confirmation and all other agreements between the Agency and the Client exclude VAT.
The Client’s responsibilities
The Client shall immediately inform the Agency in written (including e-mail) of any Assignment, any extension or renewal, termination or modification of any Assignment.
The Client warrants and guarantees that the Client shall, at all times, work with a Nanny under an Assignment in a just and legal manner, in conformity with applicable law and all relevant local laws, rules and regulations. Such means, inter alia, that the Client shall ensure that the working conditions for Nannies are reasonable and their accommodations inhabitable. The Client indemnifies the Agency and any assigned Nanny fully, and shall hold the Agency and/or such Nanny harmless, for any and all damages suffered by the Agency and/or Nanny, also if resulting from a claim from a Nanny or any other third party, caused by a breach of (i) this warranty of the Client, (ii) any provision of this Agreement, and/or (iii) applicable law.
It is the sole responsibility of the the Client ensure than a written agreement is concluded with the Nanny that governs the Assignment and that contains provisions including applicable hourly rate or salary, applicable tax responsibilities, requisite duties and responsibilities and time off. The Agency may suggest certain arrangements, provisions, share calculations for the various options and even offer template agreements for the Client to use free of charge. The Agency does however not bear any responsibility or liability for the contents of any such advice, suggestion or template contract. The Client is at all times solely responsible for the agreements and arrangements made with the Nanny.
The Client shall ensure that the sole grounds for termination of an Assignment by the Client shall be the following: 1) serious misconduct; 2) job incompetence; 3) disruptive influence in the household; 4) conduct during and outside working hours that are prejudicial to the reputation or interest of the Client; 5) unreliable in timekeeping and attendance; and 6) failure to comply with the Client’s instructions and procedures.
The Client is also fully and solely responsible to be compliant with any applicable tax regulations, to pay the relevant and required tax and insurance contributions, and, where applicable, obtaining work permits, and fulfilling medical or any other requirements as required by law. The Agency does not accept any responsibility or liability if the Nanny is refused entry by immigration authorities where the Client failed to arrange a valid work permit or visa. In this case, no refund or credit will be given by the Agency.
The Client is responsible for ensuring the Nanny is insured, or has otherwise agreed with the Nanny in written that he or she is or will be insured. The Client agrees that it is not the Agency’s responsibility to insure the Nanny, or to inform the Nanny about his or her responsibility to obtain the relevant insurance.
The Client is solely responsible to pay the Nanny under the Assignment. Any and all payment for services rendered by the Nanny for the Client shall be made by the Client to the Nanny directly. The Agency shall not act as a middleman or intermediary in this respect.
Termination and Replacement
If the Client wishes to terminate an Assignment within one month from the start date, the Agency will provide the Client with one (1) replacement from a pool of suitable applicants at no additional charge to the Client. If a suitable candidate cannot be found within one month after the termination of a Nanny’s Assignment, the Agency will refund the paid Fee to the Client in full, unless
the Client’s requirements for a Nanny (including the applicable fee or salary) have changed.
The Client must tell the Agency of the Nanny’s Assignment termination, in writing, within seven (7) days of said termination. No refund is available if the Client fails to notify the Agency within fourteen (14) days of termination. No refund is available if the Client requests that no replacement be appointed, or if the Client otherwise makes its own arrangements for a replacement. For the avoidance of doubt, Clients who keep a Nanny after this period shall not be offered a replacement or refund.
Except in situations as stipulated above, no Fee is refundable in the event of any termination or replacement.
The Agency shall provide the Client with a full refund if after acceptance of the offer the Nanny fails to take up work. If a Nanny terminates the Permanent Agreement leaves within the first eight (8) weeks, the Agency shall refund 10% of the Fee paid by the Client for each unworked week, up to a maximum of 90% of the total paid Fee.
All information supplied by the Nanny and the Agency to the Client is confidential and the Client shall ensure to treat the information as such. Any breach of this clause shall be deemed a breach of the Agreement. If the Client meets a potential Nanny, and in the event of an Assignment, the Client shall not share this information with any other person and/or third-party. If the Client shares details of a potential Nanny with a third-party who later assigns the Nanny, the Client shall pay the Agency a full introduction fee and no replacement by the Agency shall be given.
Release of All Claims Limitation of Liability
Once the Nanny is Engaged by the Client, the Agency releases any and all liability for the Nanny or the Client therein. For purposes hereof, “Engagement” shall mean the moment when a potential Nanny begins an interview with the Client for an Assignment.
The Client is fully and completely responsible for checking the Employee’s references, and for confirming that the qualifications of the Nanny satisfy the Client.
For the avoidance of doubt, the Agency does not make any warranty, promise, guarantee, either express or implied, regarding the Nanny’s suitability. The Agency is not liable for any damage, loss, injury, liability, accident, claims, or expenses suffered, incurred, or alleged by the Client that arise from or are connected with the recruitment, engagement, or termination of any potential Nanny, however arising.
The Agency shall only be liable for damages that are the result of grove negligence or willful misconduct by the Agency in its execution of the Agreement.
In no event shall the Agency ever be liable for damages resulting from information, documents or data, erroneously or incompletely provided by Client. In no event shall the Agency ever be liable for any consequential, indirect, incidental damages or whatsoever. In no event shall the Agency ever be liable for damages, caused by a Nanny. In no event shall the Agency ever be liable for any amount in access of the total Fee charged by the Agency, in the last 6 months prior to the date on which the damages came into existence, for the execution of an Assignment, insofar as this amount does not exceed the amount that the liability insurance of the Agency compensates the Agency for.
All services offered by the Agency as well as the contents of this Agreement are subject to Dutch law.
Any dispute in relation to or deriving from this Agreement, the services offered by the Agency will be subject to the jurisdiction of competent courts in Amsterdam, The Netherlands.
If one or multiple provisions in this Agreement are declared void through judicial intervention, the remaining provisions will remain in full force.
This Agreement will remain in full force in the event that the Agency fully or partially changes name, legal form or owner. The Client shall not assign transfer its obligations under this Agreement to any third party.