Terms & Conditions

The Agency operates as an employment agency within the meaning of the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003, specialising in the introduction of domestic and household staff, including but not limited to nannies, governesses, maternity nurses, homeschool teachers, tutors, and other household roles.

1. DEFINITIONS & INTERPRETATIONS

1.1. Definitions

In this Agreement, unless the context otherwise requires:

1.1.1. “Agency” means Alice Romero, trading as Nanny & Governess, Office 95, Unit 5, 399–405 Oxford Street, Mayfair, London W1C 2BU, United Kingdom.

1.1.2. “Candidate” means any person introduced by the Agency to the Client for the purpose of being considered for engagement.

1.1.3. “Client” means the person, household, or organisation to whom the Agency introduces a Candidate.

1.1.4. “Engagement” means the employment, hire, or other use of a Candidate by the Client, or by any third party to whom the Client has directly or indirectly disclosed the Candidate’s details, whether on a permanent, temporary, trial, full-time, part-time, live-in, live-out, self-employed, or any other basis.

1.1.5. “Introduction” means the provision by the Agency to the Client of any information (whether written, verbal, or electronic) that identifies a Candidate, including the Candidate’s name, CV, profile, or any other information sufficient to enable the Client to identify and contact the Candidate.

1.1.6. “Permanent Placement” means an Engagement for a continuous period of twelve (12) weeks or more.

1.1.7. “Temporary Placement” means an Engagement for a continuous period of less than twelve (12) weeks.

1.1.8. “Trial Period” means a short-term paid arrangement between the Client and a Candidate for the purpose of assessing suitability prior to a Temporary or Permanent Placement.

1.1.9. “Gross Salary” means the total remuneration agreed between the Client and Candidate before deductions, including but not limited to basic salary, guaranteed bonuses, overtime, allowances (such as housing or travel), and any other contractual earnings.

1.1.10. “Fee Schedule” means the applicable fees and charges set out in Clause 2 of this Agreement or as otherwise agreed in writing between the parties.

1.1.11. “Introduction Date” means the date on which the Agency first provides the Client with information identifying the Candidate.

1.1.12. “Start Date” means the first day on which the Candidate commences work for the Client.

1.2. Interpretation

1.2.1. Words in the singular include the plural, and vice versa.

1.2.2. References to “including” or “includes” shall be deemed to be followed by the words “without limitation.”

1.2.3. Headings are for convenience only and shall not affect the interpretation of this Agreement.

1.2.4. References to a statute or statutory provision include any modification, extension, or re-enactment of it from time to time.

1.2.5. Any obligation on a party not to do something includes an obligation not to permit or allow it to be done.

2. AGENCY SERVICES

2.1. About Nanny & Governess

Nanny & Governess is a boutique childcare and household staffing employment agency specialising in the introduction of exceptional professionals to families in the United Kingdom and internationally. The Agency does not employ candidates directly and acts solely as an introducer in accordance with the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

The Agency takes a highly personal approach — carefully matching each family with candidates who are not only qualified and experienced, but also committed, reliable, and responsible.

2.2. Agency Role and Responsibilities

The Agency will use reasonable skill, care, and diligence to:

2.2.1. Promote the Client’s vacancy within the Agency’s internal candidate database and wider network;

2.2.2. Advertise the role across targeted, paid platforms dedicated to childcare and household staffing, and via the Agency’s social media channels, to maximise reach;

2.2.3. Conduct thorough interviews and review all relevant documents provided by candidates;

2.2.4. Request at least two references from candidates and verify them once the client has expressed an interest in interviewing;

2.2.5. Present a shortlist of candidates the Agency reasonably considers to be suitable for the role;

2.2.7. Coordinate and assist with scheduling interviews with the Client’s preferred candidates.

2.3. Trial Arrangements

Where the Client wishes to arrange a paid trial with a candidate:

2.3.1. The trial shall be organised by the Agency, subject to the candidate’s availability;

2.3.2. The Client shall pay trial fees to the Agency in advance (as per the Fee Schedule) and pay the candidate directly for any work undertaken during the trial;

2.3.3. The Client acknowledges that, during the trial, the candidate is engaged directly by the Client and not by the Agency, and the Client assumes all responsibilities as an employer, including compliance with applicable employment, tax, and health and safety laws;

2.3.4. If the trial is successful, the Agency may provide draft employment contract templates for review and adaptation by the Client and candidate; the Agency accepts no liability for the suitability or enforceability of such templates, and the Client is advised to seek independent legal advice before execution.

3. FEES & PAYMENT

3.1. Fee Structure and Payment Terms

3.1.1. The Agency’s fees are in addition to the Candidate’s salary and are payable in cleared funds by bank transfer before the Candidate commences any engagement with the Client.

3.1.2. Fees become due and payable in full on the earlier of:

3.1.2.1. the Client and Candidate signing an employment or engagement contract; or

3.1.2.2. the Candidate accepting an offer of engagement (whether verbal or in writing).

3.1.3. All fees are exclusive of VAT (if applicable), which will be charged at the prevailing rate.

3.1.4. The Client is responsible for ensuring payment is made net of any bank or transfer fees so that the Agency receives the full invoiced amount.

UK & Europe

● Permanent Staff (12+ weeks): 18% of annual gross salary.

● Temporary Staff: £50 per day (flat daily rate, charged only for days worked, whether full or partial hours).

● Trial Period: £50 per day (flat daily rate, charged only for days worked, whether full or partial hours).

● Maternity Nurses: 25% of gross salary for booking (including trials).

International

● Permanent Staff (12+ weeks): 22% of annual gross salary.

● Temporary Staff: £75 per day (flat daily rate, charged only for days worked, whether full or partial hours).

● Trial Period: £75 per day (flat daily rate, charged only for days worked, whether full or partial hours).

● Maternity Nurses: 25% of gross salary for booking (including trials).

Note – “Gross Salary”

For the purposes of calculating Agency fees, “Gross Salary” means the total remuneration agreed between the Client and Candidate before deductions, including but not limited to basic salary, guaranteed bonuses, overtime, allowances (such as housing or travel), and any other contractual earnings.

3.2. Returning Client Discount

The Agency offers a 10% discount on standard fees to returning clients in recognition of their continued trust. The discount applies only to the placement fee for the new engagement and may not be combined with other promotions or applied retrospectively.

3.3. Introduction Ownership

If the Agency introduces a Candidate to the Client and the Client subsequently engages that Candidate—whether directly or via another agency—at any time following the initial introduction, the Client shall pay the full applicable Agency fee. For these purposes, “introduction” includes any communication or provision of information about the Candidate (including verbal, written, electronic, or profile format) that enables the Client to identify and contact the Candidate.

3.4. Engagement Obligation

If a Candidate introduced by the Agency is engaged by the Client at any time after the initial introduction—whether on a temporary, permanent, part-time, full-time, or other basis—the Client shall pay the applicable Agency fee in full, regardless of whether the introduction resulted in an interview at the time of presentation.

3.5. Conversion from Temporary to Permanent Engagement

If a Candidate initially engaged by the Client on a temporary basis is subsequently engaged on a permanent or extended basis, regardless of the time elapsed, the Client must engage the Candidate through the Agency and pay the standard permanent placement fee. Payment must be made in full prior to the commencement of the permanent engagement.

4. TRAVEL, ACCOMMODATION & LIVING EXPENSES

4.1. International Placements and Relocations

Where a placement involves relocation or work outside the Candidate’s current country of residence, the Client shall be responsible for:

4.1.1. Economy or business-class return flights (as agreed in writing prior to booking);

4.1.2. All necessary visa and work permit costs;

4.1.3. Ground transportation to and from the airport upon commencement and conclusion of the engagement; and

4.1.4. Any other relocation-related expenses expressly agreed in writing between the Client and Candidate.

4.2. Live-In Accommodation Standards

For live-in positions, the Client shall provide the Candidate with suitable private accommodation, which must:

4.2.1. Be secure, clean, and furnished;

4.2.2. Include access to basic amenities such as a bed, storage, heating/air conditioning, bathroom, and laundry facilities; and

4.2.3. Meet all applicable housing, health, and safety standards in the jurisdiction where the work is performed.

4.3. Meals and Allowances

The Client shall ensure that the Candidate receives either:

4.3.1. Adequate daily meals during working periods; or

4.3.2. A reasonable food allowance agreed in writing prior to commencement.

4.4. Medical Coverage for Overseas Placements

Where a placement is outside the United Kingdom, the Client shall ensure that the Candidate is provided with appropriate medical and health insurance coverage for the duration of the engagement, unless comprehensive free healthcare is available in the host country. The Client is solely responsible for ensuring such coverage meets local legal requirements and the Candidate’s needs.

4.5. Compliance Responsibility

The Client acknowledges that it is solely responsible for ensuring compliance with all immigration, work permit, residency, and employment laws applicable in the location where the Candidate will be engaged.

5. REPLACEMENT & GUARANTEE POLICY

5.1. Guarantee Period

If the Client or the Candidate terminates the engagement within the first three (3) calendar months from the Candidate’s start date, and the Client has complied in full with all obligations under this Agreement, the Agency will provide up to three (3) replacement candidate introductions for the same role at no additional placement fee.

5.2. Conditions for Guarantee

This guarantee is offered strictly on the following conditions:

5.2.1. The Client has paid the Agency’s fees in full and on time;

5.2.2. The role, location, working hours, and other material terms of the engagement have not been changed from those originally agreed with the Candidate;

5.2.3. The termination is not due to unreasonable demands, unsafe working conditions, or a breach of applicable employment, tax, or immigration laws by the Client;

5.2.4. The Client notifies the Agency in writing within five (5) working days of the termination, providing full details of the reason for ending the engagement; and

5.2.5. The Candidate was engaged on a permanent basis for at least twelve (12) weeks, or as otherwise specified in the Fee Schedule.

5.3. No Refund Policy

The guarantee is offered in lieu of any fee refund. The Agency does not offer cash refunds once a placement has commenced, whether or not the engagement is completed, except where required by law.

5.4. Replacement Limitations

Replacement candidates are subject to availability. The Agency will use reasonable endeavours to source replacements but cannot guarantee an exact match of skills, experience, or personal attributes to the original Candidate. The guarantee does not apply to temporary, trial, or maternity nurse placements unless otherwise agreed in writing.

6. CLIENT RESPONSIBILITIES

The Client acknowledges and agrees that they are solely responsible for:

6.1. Employment Relationship

6.1.1. Directly employing and compensating the Candidate in accordance with the agreed terms, including payment of all wages, benefits, taxes, national insurance contributions, and other statutory deductions;

6.1.2. Providing the Candidate with a written contract of employment or engagement that complies with applicable laws in the jurisdiction where the work is performed.

6.2. Legal Compliance

6.2.1. Complying with all applicable employment, tax, immigration, and residency laws;

6.2.2. Verifying the Candidate’s right to work in the country of employment before commencement, retaining evidence of such verification;

6.2.3. Complying with all anti-discrimination obligations under the Equality Act 2010 (UK) and any equivalent local legislation.

6.3. Working Environment & Safeguarding

6.3.1. Providing a safe, respectful, and non-discriminatory working environment at all times;

6.3.2. Complying with all applicable health and safety regulations;

6.3.3. For roles involving children or vulnerable persons, ensuring appropriate safeguarding policies are in place and adhered to;

6.3.4. Refraining from any treatment of the Candidate that may be considered unreasonable, unlawful, or in breach of human rights standards.

6.4. Role Accuracy & Communication

6.4.1. Providing the Agency with accurate, complete, and up-to-date information about the role, working conditions, hours, location, and any other relevant details before the Candidate is introduced;

6.4.2. Notifying the Agency immediately in writing of any material changes to the role after a Candidate has been introduced;

6.4.3. Not engaging a Candidate introduced by the Agency on terms materially different from those originally disclosed without the Agency’s prior written consent.

6.5. Insurance

Maintaining appropriate employer’s liability and, where applicable, public liability insurance for the duration of the Candidate’s engagement.

7. CONFIDENTIALITY

7.1. Definition of Confidential Information

For the purposes of this Agreement, “Confidential Information” means any personal, professional, or business information disclosed by one party to the other in connection with this Agreement, whether in written, electronic, or verbal form, including but not limited to Candidate details, resumes, references, contact information, employment terms, and any information relating to the Client’s household or business operations.

7.2. Confidentiality Obligations

Both the Agency and the Client agree to keep all Confidential Information strictly confidential and not to disclose it to any third party without the prior written consent of the other party, except where disclosure is:

7.2.1. Required by law, court order, or regulatory authority; or

7.2.2. Necessary for the performance of this Agreement and made on a need-to-know basis, provided that the recipient is bound by equivalent confidentiality obligations.

7.3. Candidate Information

Candidate information is provided by the Agency to the Client solely for the purpose of evaluating and engaging the Candidate. The Client shall not share Candidate details with any third party (including other agencies) or use such information for any purpose other than to assess the Candidate for the relevant role. If the Client passes Candidate details to a third party who then engages the Candidate, the Client shall be liable for the applicable Agency fee.

7.4. Data Protection

The parties agree to comply with all applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The Agency’s processing of personal data is further described in its Privacy Policy, available at www.nannygoverness.co.uk

7.5. Duration of Confidentiality Obligations

The obligations in this clause shall continue indefinitely after the termination of this Agreement, or for as long as required by applicable data protection laws in relation to personal data, whichever is longer.

8. LIABILITY DISCLAIMER

8.1. Role of the Agency

The Agency acts solely as an employment agency introducing Candidates to Clients and does not employ the Candidates. The Agency makes no express or implied guarantees as to the performance, conduct, honesty, reliability, or suitability of any Candidate introduced. While the Agency will use reasonable skill, care, and due diligence in selecting Candidates for introduction, the Client accepts that the final decision to engage a Candidate rests exclusively with the Client.

8.2. Agency’s Liability

The Agency shall not be liable for:

● Any loss, damage, expense, or injury suffered by the Client or any third party arising out of or in connection with the engagement of a Candidate, howsoever caused; or

● Any indirect, special, incidental, or consequential loss, including loss of profits, reputation, or business opportunities.

Nothing in this Agreement limits or excludes the Agency’s liability for:

8.2.1. Death or personal injury caused by its negligence;

8.2.2. Fraud or fraudulent misrepresentation; or

8.2.3. Any other liability which cannot be limited or excluded under applicable law.

8.3. Client’s Responsibilities

The Client is solely responsible for:

8.3.1. Ensuring the Candidate’s legal right to work in the relevant jurisdiction;

8.3.2. Providing a safe, respectful, and compliant working environment;

8.3.3. Complying with all applicable employment, tax, immigration, and health and safety laws; and

8.3.4. Managing the ongoing employment relationship, including all performance, conduct, and contractual matters, after the Candidate’s engagement begins.

The Agency may, at its discretion, provide reasonable post-placement support but is under no obligation to intervene in employment disputes.

8.4. Indemnity

The Client shall indemnify and hold harmless the Agency against all claims, demands, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

8.4.1. The Client’s breach of this Agreement;

8.4.2. The Client’s breach of applicable laws or regulations in relation to the Candidate’s engagement; or

8.4.3. Any claim made by a Candidate or third party arising from the Client’s acts or omissions.

8.5. Limitation of Liability

Subject to clause 7.2, the Agency’s total aggregate liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total fees paid by the Client to the Agency for the relevant placement.

8.6. Force Majeure

The Agency shall not be liable for any delay or failure in performance of its obligations under this Agreement caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, strikes, government restrictions, or pandemics. In such cases, the Agency’s obligations shall be suspended for the duration of the event, and the time for performance extended accordingly.

9. CONTINUING OBLIGATIONS

The following provisions of this Agreement shall survive the completion of any placement, the termination of services, or the expiry of this Agreement, regardless of the reason for termination:

● Confidentiality & Data Protection (Clause 6)

● Liability Disclaimer & Indemnity (Clause 7)

● Governing Law & Jurisdiction (Clause 9)

● Any provisions which by their nature are intended to survive termination (including but not limited to payment obligations accrued prior to termination).

These obligations shall remain in force for the period specified in the relevant clause or, where no period is specified, for as long as necessary to give full effect to the parties’ rights and obligations under this Agreement, and in accordance with applicable law.

10. GOVERNING LAW & DISPUTE RESOLUTION

10.1. Governing Law

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.

10.2. Dispute Resolution by Arbitration

10.2.1. Initial Negotiation – In the event of a dispute, controversy, or claim arising out of or relating to this Agreement, the parties shall first seek to resolve the matter amicably through good faith negotiations within 14 days of written notice of the dispute.

10.2.2. Binding Arbitration – If the dispute is not resolved within this period, the matter shall be referred to and finally resolved by binding arbitration in London, England, under the Arbitration Act 1996. The arbitration shall be conducted:

10.2.2.1. Under the rules of the London Court of International Arbitration (LCIA) in effect at the time of the dispute, unless the parties agree otherwise in writing;

10.2.2.2. By a single arbitrator appointed jointly by the parties, or failing agreement, by the LCIA;

10.2.2.3. In the English language; and

10.2.2.4. With the decision of the arbitrator being final and binding on the parties, with no right of appeal except as permitted under the Arbitration Act 1996.

10.2.3. Costs – Unless otherwise determined by the arbitrator, the costs of the arbitration (including the arbitrator’s fees) shall be shared equally between the parties, without prejudice to the arbitrator’s ability to make a different costs order.

10.2.4. Injunctive Relief – Nothing in this clause shall prevent either party from seeking urgent injunctive or equitable relief from the courts of England and Wales where necessary to protect its rights.

10.3. Exclusive Jurisdiction for Enforcement

The courts of England and Wales shall have exclusive jurisdiction to hear any application to enforce or challenge an arbitration award made under this Agreement.

11. GENERAL

11.1. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, correspondence, negotiations, and understandings, whether written or oral, relating to its subject matter.

11.2. Amendments

No variation or amendment to this Agreement shall be valid unless made in writing and signed by or on behalf of both parties. For the purposes of this clause, “in writing” includes email correspondence where receipt is acknowledged.

11.3. Assignment

The Client shall not assign, transfer, or subcontract any of its rights or obligations under this Agreement without the prior written consent of the Agency. The Agency may assign or transfer its rights and obligations to a successor business without requiring the Client’s consent, provided that such assignment does not materially reduce the Client’s rights under this Agreement.

11.4. Severability

If any provision of this Agreement is found by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be deemed deleted, but the validity and enforceability of the remaining provisions shall not be affected.

11.5. Waiver

No failure or delay by either party in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy.

11.6. Notices

Any notices required under this Agreement shall be in writing and delivered by hand, pre-paid recorded delivery, or email to the addresses set out in this Agreement (or such other address as either party may notify in writing). Notices shall be deemed received:

11.6.1. If delivered by hand — on the date of delivery;

11.6.2. If sent by recorded delivery — on the second working day after posting;

11.6.3. If sent by email — at the time of transmission, provided no bounce-back or error message is received.

11.7. Third-Party Rights

No person other than the parties to this Agreement shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

11.8. Non-Solicitation / Poaching Protection

The Client shall not, without the Agency’s prior written consent, directly or indirectly solicit, engage, or employ any Candidate introduced by the Agency other than through the Agency, whether during the term of this Agreement at any time after the Introduction Date. This restriction applies equally where the Candidate is engaged by:

11.8.1. the Client directly;

11.8.2. a member of the Client’s family or household;

11.8.3. any business in which the Client has an interest; or

11.8.4. any third party to whom the Client has disclosed the Candidate’s details.

If the Client breaches this clause, the applicable placement fee shall become immediately due and payable in full.

11.9. Marketing & Testimonials

The Client consents to the Agency contacting them after a placement for the purposes of service follow-up and quality assurance. The Client further consents to the Agency using anonymised feedback or testimonials for marketing purposes, provided that no personal or identifying details are disclosed without the Client’s prior written consent.

11.10. Trial & Temporary Work Conditions

Trial periods shall not exceed two (2) weeks unless otherwise agreed in writing. Temporary or trial work shall not be deemed to constitute a Permanent Placement unless the Client subsequently engages the Candidate for twelve (12) consecutive weeks or more, in which case the permanent placement fee will apply.

12. CONTACT INFORMATION

Nanny & Governess
Office 95, Unit 5, 399–405 Oxford Street, Mayfair, London W1C 2BU
Tel: +44 (0)20 3432 0272 / +44 (0)7944 492 518
Email: info@nannygoverness.co.uk
Website: www.nannygoverness.co.uk