Terms & Conditions

v. October 2023

myTamarin | Your Trusted Childcare Partner

Section A: PLACEMENTS

Section B: PRICING SCHEDULE

Section C: USE OF WEBPAGE

Section D: VIRTUAL SUPPORT

Section A: PLACEMENTS

1 Definitions

“Agency” means Nanny Louenna LTD, 12032634, of 82 St. John Street, London, England, EC1M 4JN For the purposes of these terms and conditions, Nanny Louenna LTD has no authority or responsibility to enter into a contract with a Candidate on behalf of a Client or in any other way.

“Candidate” means any child carer or other domestic worker who is introduced (whether orally or in writing or electronically) 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” or “Engage(s)” or “Engaged” means the engagement, employment or use of the Candidate by the Client or any third party, whether under a contract of employment or contract of services or otherwise, on a temporary or permanent basis following an Introduction by the Agency.

“Introduction” means the passing by the Agency to the Client of Candidate Profiles or other information in relation to a Candidate.

“myTamarin x Louenna’s Nannies fee or Fee or Agency Fee” means the fee the Client shall pay to the Agency for the introduction of and matching with Candidates.

“Activation Fee” means the fee the Client shall pay to begin the search for suitable Candidates.

“Automated Payment Method” means the payment method chosen by the Agency to handle regular payments. This includes but is not limited to Direct Debits and Debit or Credit card mandates.

“Newborn Expert(s)” are maternity nurses, night nannies or night nurses and doulas.

“Temporary position” or “Temporary placement” is any placement intended to be less than 6 months. A placement of a Newborn Expert is not a temporary position or a temporary position for the purposes of this definition, although temporary in its nature.

“Permanent position” or “Permanent placement” is an Engagement requested as being permanent by the Client, regardless of its duration. This is notwithstanding that the placement may be less than one year in duration.

2 Agreement

These Terms and Conditions constitute the entire and binding 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
receiving a Candidate’s details; or
contacting a Candidate; or
offering employment to or entry into an arrangement with a Candidate (the “Offer”); or
passing on any information about a Candidate to any third party following an introduction.

3 Agency services

Search and matching

The agency shall use reasonable endeavours to introduce to the Client Candidates, whom the agency considered suitable to be engaged by the Client to carry out work of such nature as identified by the Client. Any requirements specified which are unreasonable or constitute discrimination will not be part of the search criteria.

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.

Candidate vetting

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.

The Agency will endeavour to introduce the Client to Candidates as well suited as possible, based upon the information which the parties have provided, but does not offer any warranty as to the suitability, honesty, character or capability of any Candidate.

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.

For the avoidance of doubt, the Agency is not responsible for checking medical history of Candidates.

Data sharing

Written consent from a Candidate is required in order for the Agency to be able to share sensitive personal data with third parties under the General Data Protection regulations, which is why sometimes we are not able to share this data.

Employment legislation considerations

The Agency will facilitate the employment or another service agreement (as applicable) between the Client and the Candidate by providing a template contract.

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.

The Agency has prepared the template contracts together with legal experts; however, both the Clients and the Candidates acknowledge and accept that the Agency itself is not insured to provide legal advice. The Clients and the Candidate further acknowledge and accept that any and all changes they make to the template contracts are their own responsibility.

The Client is responsible for obtaining all necessary work permits or visas where necessary.

If applicable, the Client is responsible for arranging any appropriate medical examination of the Candidate and for checking the medical history of the Candidate.

Trial

At the request of the Client, the Agency will permit the Client to trial a Candidate for up to 2 days (“Trial Period”), for all placements except for those with Newborn Experts or Temporary Placements. The 2 trial days have to be used on consecutive days, otherwise the second and any subsequent trial days are subject to the Agency fees for temporary placements.

The trial can only commence before an offer of employment or contract of services has been made. To the extent that the Client continues to Engage the Candidate after the Trial Period, he/she shall be liable to pay the relevant myTamarin x Louenna’s Nannies Fee in accordance with the Pricing Schedule.

4 Client responsibilities

Payments to Agency

To activate a search, the Client must pay an Activation Fee according to the Pricing Schedule which is non-refundable. The matching service will not commence until the Activation Fee is received.

The Activation Fee applies to one search. If the Client begins a new search, or changes the parameters of an active search, a new Activation Fee is due. This includes, but is not limited to a change in start date, duties, hours, salary, accommodation and language requirements.

The Client agrees to notify the Agency immediately should it choose to Engage a Candidate who has been introduced by the Agency. As a result of such Engagement, the Client agrees to pay the Agency the myTamarin fee as set out on the Website and/or the current Pricing Schedule. In addition, VAT will be charged.

For Permanent and Newborn placements, the Client must set up an Automated Payment Method within 48 hours 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.

For Temporary placements, the Client must pay the Activation Fee and set up an Automated Payment Method before the Agency introduces Candidate(s) to the Client. If the Client doesn’t set up an Automated Payment Method, the Agency can refuse to introduce Candidates to the Client.

For Trial placements, the Client must set up an Automated Payment Method by 5pm on the day before the start date of the Candidate’s trial.

Should the Client cancel the Automated Payment Method before all monies due are collected, or if any payment through the Automated Payment Method are declined or otherwise not collected, the Client must immediately pay the amounts due to the Agency via a bank transfer. Additionally, a £25 administration fee will be charged in addition to the statutory interest rate.

For all overseas placements, the Client must pay the Agency the myTamarin Fee 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.

Payments to Candidates, for Candidates, or Related to Engaging Candidates

The Agency provides a deposit holding and a payment processing, which the Clients and the Candidates must use as applicable. For example, the deposit holding and payment processing systems are applicable for newborn expert service contracts and payment processing for temporary contracts.

While the Agency is managing the payments where applicable, the Client is ultimately responsible for paying all wages and expenses of the Candidate. The Client is also responsible for Candidate’s tax, national insurance contributions and pension contributions, where applicable. For example, if the Agency charges to Clients don’t clear, the Agency is not responsible for any missed payments.

Candidate vetting

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 of the Agency and to make appropriate checks of all relevant qualifications or driving qualifications and relevant insurance policies.

We recommend that each Client ensures that their childcare provider has a current Public Liability insurance with a minimum limit of £1M.

5 myTamarin x Louenna’s Nannies Fees

Fee structure

The amount of the myTamarin x Louenna’s Nannies fee will be determined by reference to the type of Engagement as set out in the Pricing Schedule.

The myTamarin x Louenna’s Nannies fee is further subject to minimum fees as set out in the Pricing Schedule. The minimum fees are never discounted.

The myTamarin x Louenna’s Nannies Matching Fee is payable when the Client agrees to engage the Candidate and in any case before a Candidate starts working for the Client.

Earlier introductions

It is the Client’s obligation to immediately, and no later than 24 hours after the introduction, either by phone or email, to 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 affected the introduction and the relevant myTamarin x Louenna’s Nannies fee will be payable.

Subsequent Engagement of Candidates

Any subsequent Engagements or re-employment of Candidates introduced to the Client within 48 months from the initial Introduction are subject to the myTamarin x Louenna’s Nannies fee.

Bypassing the Agency

Engaging the Candidate directly or through another agency will be seen as bypassing the myTamarin x Louenna’s Nannies fees and hence the Agency is entitled to charge the myTamarin fee x Louenna’s Nannies.

If a Client Engages a member of staff who has been introduced by the Agency but doesn’t inform the Agency within 7 days, the costs owed to the Agency will be the reasonable administrative costs of recouping the myTamarin x Louenna’s Nannies fee, in addition to the usual debt interest level.

Passing on introductions

If the Client or a member of the Client household or staff, or any associate of the Client passes on the details of a Candidate to any other person within 48 months of the introduction to the Client by the Agency, and the third party subsequently engages the Candidate’s services, the Client is liable for the myTamarin x Louenna’s Nannies fee in accordance with the fee structure in place then.

Changing a temporary position to a permanent position

Where a temporary position subsequently becomes a permanent position, the Client will be liable to pay the relevant fee for the permanent position, from which the already due or paid temporary fee would not be subtracted.

6 Fee for Temporary Placements and Newborn Experts in the UK

The Client agrees to pay the Agency fees as per the Pricing Schedule via bank transfer.

The Agency Fees due will be payable immediately after the agreement of an Engagement, which may either be on, or in advance of the start date of the Engagement. The Activation Fee will be deducted from the Matching Fee.

The Agency will add an admin fee of £25 +VAT for each installment that has to be collected differently, has failed or is delayed in addition to the statutory interest rate.

7 Fee for Permanent Placements in the UK

The Client agrees to pay the Agency fees as per the Pricing Schedule via bank transfer. The Agency Fees due will be payable immediately after the agreement of an Engagement, which may either be on, or in advance of the start date of the engagement.

8 Fee for UK and Overseas Permanent, Newborn and Temporary Placements

Client agrees to pay the upfront fee as per the Pricing Schedule via bank transfer.

The Agency Fees due will be payable immediately after the agreement of an Engagement, which may either be on, or in advance of the start date of the engagement.

9 Fee Calculations

When the Agency Fee is calculated based on the Candidates wages, it is calculated based on the gross annual salary, assuming standard UK tax code, even when the wages between the Client and the Candidate are agreed on a “net” basis.

When the hourly, weekly, monthly or annual pay rates, and/or the working hours agreed between the Client and the Candidate are lower than those rates and/or working hours that the Agency was initially briefed with by the Client and has advertised them to Candidates, the Agency fee will be calculated based on the initially brief pay rates and working hours.

If the scope of the engagement increases in working hours over time, the Agency Fee will be calculated based on the higher number of working hours.

10 Extensions and Additional Engagements

If a Temporary or Newborn placement is extended in duration beyond the confirmed finished date, the Client is responsible for informing the Agency and is liable for any additional fees.

If a Candidate is offered additional employment or engagement, either temporary or permanent, the Client is responsible for informing the Agency and is liable for any additional fees.

11 Payment Processing Service

Payment Processing for Newborn Experts and Temporary Nannies

The Client agrees that the Agency will process all fee payments to Candidates on Maternity Nurse or Temporary Nanny contracts.

The Client agrees that any and all Candidate wages will be paid directly to the candidate on a pre agreed arrangement.

12 Replacements and cancellations

Permanent UK and Overseas placements

In the case of cancellation by the Client or Candidate, prior to the commencement of the engagement or within the first four weeks of commencing the Engagement, the Agency will provide no fewer than three suitable replacement Candidate profiles for the Client. Replacement candidate profiles will be sent within four weeks of the Candidates’ departure from the position and will be selected based on the original job description provided to the Agency by the Client.

If the Client refuses a suitable alternative there is no refund or pro-rata refund option available.

For the Replacement search, the Agency will select profiles of Candidates based on the information originally provided for the initial search. The Agency will not be offering a replacement search under the job description that differs from the one originally shared by the Client.

The Client shall only be eligible for one Replacement and shall no longer be eligible for a Replacement after the first Candidate has been replaced. There will be no second or further replacements after a first Replacement without a new Agency fee being paid.

Newborn expert and temporary placements (UK and Overseas)

In case of cancellation by the Client or Candidate, the Agency will offer a suitable alternative within 7 days. If the Client refuses a suitable alternative, the Agency reserves the right to retain the myTamarin x Louenna’s Nannies fee.

Conditions and other provisions

Replacements are conditional upon:

Payment of myTamarin x Louenna’s Nannies Fees has been settled in full prior to the commencement of employment or engagement;
The reason for the Candidate leaving employment was not a result of a change in the material terms of the contract of employment or contract for services between the Client and the Candidate, including but not limited to the change in job description, location or working hours originally agreed, or change in working conditions;
The reason for the Candidate leaving employment was not because the Client was physically or verbally aggressive toward the Candidate;
As per the Conduct of Employment Agencies Act and Employment Business Regulations 2003 the Client has provided the Nanny and the Agency with a copy of a signed employment agreement specifying the conditions of employment between employee and employer;
There was no breach by the Client of the contract of employment or contract for services between the Client and the Candidate;
The Candidate was not dismissed by the Client other than on just and reasonable grounds;
If the Client has terminated the employment, the Family has followed the disciplinary rules, procedure and dismissal procedure included as required by law in the employment agreement;
The Client following their legal obligations, e.g. PAYE / HMRC liabilities.
If the Client has terminated the employment, the Family has followed the disciplinary rules, procedure and dismissal procedure included as required by law in the employment agreement;
The Client following their legal obligations, e.g. PAYE / HMRC liabilities.

The start date or the commencement of the Engagement date for the purposes of when the four week period for Permanent Placements starts is the first date when the Candidate started working for the Client, regardless of whether it began as a temporary placement or not, excluding the Trial period of 2 days if applicable.

Should the Client continue to employ the existing Candidate throughout their replacement search but in excess of the four week guarantee period, temporary fees will apply.

13 Liability and Indemnity

The final decision to employ or otherwise engage a Candidate is the sole responsibility of the Client and the Agency or any of its staff shall not be liable for any costs, damage, losses (including loss of earnings), injury (unless due to the Agency’s gross 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 myTamarin x Louenna’s Nannies fees paid in respect to an Engagement. The Agency does not exclude or restrict liability for death or personal injury resulting from its negligence.

You agree to indemnify, defend and hold Nanny Louenna LTD and all of its directors, employees, associates, information providers (together, the “Indemnified Parties”) harmless from and against all liability and costs incurred by the Indemnified Parties in connection with any claims arising out of any breach by you of these terms and conditions or any representations, warranties and covenants provided by you. Nanny Louenna LTD reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Nanny Louenna LTD.

14 Confidentiality

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).

The Data Protection Act 1998 and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “Data Protection Regulations”) regulate 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 Regulations) which relates to it by the Agency in accordance with the provisions of the Data Protection Regulations. For further information, please refer to our Privacy Policy.

In particular, if you are a Candidate you consent to your CV and other employment credentials being made available on the Websites for the purposes of marketing your services to potential Clients. If you are a Client, you consent to being referenced in the CVs and other employment credentials of the Candidates you hire through the myTamarin x Louenna’s Nannies, and subject to the Data Protection Regulations, such references may be made available to other Clients on request and occasionally made publicly available on the platform.

Where possible, Candidates should obtain permission from Clients before referencing them in CVs and other employment credentials. However, Nanny Louenna LTD bears no responsibility for the obtaining of such permissions.

15 Disputes between Candidates and Clients

If any disputes or disagreements arise between Candidates and Clients relating to the services provided by Candidates or payments made by or due from Client, the Candidates and the Clients are responsible for resolving any such disputes directly with each other. The Agency shall not be a party to any such dispute and is not obliged to take any action toward resolving the dispute.

16 Law and Jurisdiction

These Terms and Conditions (including all section, Section A, Section B and Section C) and the relationship between you and Nanny Louenna LTD shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Section B: PRICING SCHEDULE*

myTamarin x Louenna’s Nannies reserves the right to change the rates for any Agency fees or other sums payable under this Agreement at their discretion.

myTamarin x Louenna’s Nannies Activation Fee

£100
The Activation fee is non-refundable

myTamarin x Louenna’s Nannies fees for UK-based placements

For permanent positions

Permanent Placement UK: 12% of the nanny's annual salary for the first year.
Minimum Agency fee of £2,000

For newborn experts (maternity nurses, night nannies and doulas)

10% of the newborn experts fee subject to a minimum of £30 for each day/night session up to 24hrs
Minimum Agency fee of £100 per individual booking/expert

For temporary nannies

£30 for each day

Trials for permanent placements

Up to and maximum two consecutive days per nanny: FREE
Otherwise subject to the temporary nanny fees

myTamarin x Louenna’s Nannies fees for overseas placements

For permanent live-in or live-out positions

20% of Candidate’s annual salary
Minimum Agency fee of £6,000

For newborn experts (e.g. maternity nurses, night nannies and doulas)

20% of the Newborn Experts total remuneration

For overseas temporary nanny placements

20% of the candidates total remuneration

*All of the fees above are subject to VAT. VAT is only payable within the UK and is charged at the standard rate. All invoices must be paid in British

Pounds Sterling. The Client is responsible for paying any fees and charges related to the payment to ensure the full amount invoiced is received by the Agency.

The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998. This applies to any unpaid invoices after 14 days. Interest will be charged at 8% per year from the due date until the date of payment.

Section C: USE OF WEBPAGE

17 Introduction

These terms and conditions govern your access to, downloading and use of the entire contents of www.mytamarin.com (“Home Websites”) owned and operated by Nanny Louenna LTD as well as any forms, surveys or questionnaires sent or otherwise supplied to you by us Nanny Louenna LTD.

Please read these terms of use carefully before using the Websites. They are a legal agreement between you and Nanny Louenna LTD Group. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Websites. If you do not accept these terms of use, you should stop using the Websites immediately.

The Websites are not intended for the use of minors. By continuing to use these Websites you represent and warrant that you are over the age of 18.

18 Intellectual Property

All content included on the Websites, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, questionnaires, surveys, algorithms, and page layout (“Web Content”) is the property of Nanny Louenna LTD. By continuing to use the Websites you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

Unless you have entered into a separate written agreement with us, you shall not copy, republish, frame, link to, download, transmit, modify, adapt, rent, lease, loan, sell, assign, distribute, licence or sublicense the Websites or any of the Web Content. You shall not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Websites except to the extent allowed by law.

19 Links to Other Websites

This Website may contain links to other sites which are not under the control of Nanny Louenna LTD or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

20 Your access to our services

While Nanny Louenna LTD endeavours to ensure that the Websites are normally available 24 hours a day, we shall not be liable if for any reason the Websites are unavailable at any time or for any period. Access to the Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

When you register with us and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your account, you must notify us and you should change your password immediately. You are solely responsible for all activities that occur under your password and/or account. You shall not permit anyone else to use your account.

21 Communications

Nanny Louenna LTD may from time to time send you information about our products and/or services. If you do not wish to receive such information, please contact us.

22 Your privacy and information you give us

Nanny Louenna LTD is committed to respecting your privacy and the privacy of all individuals using the Websites. More information regarding how we may use your personal data can be found in our Privacy Policy which is incorporated into these terms of use by reference.

23 Your consent and confidentiality

Other than as indicated in our Privacy Policy, any material such as reviews or ratings which you transmit or post to the Websites (“User Content”) shall be considered non-confidential and non-proprietary. Nanny Louenna LTD shall have no obligations with respect to such material. You are solely responsible for such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

24 Prohibited Content

You are prohibited from posting or transmitting to or from the Websites any material:

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
for which you have not obtained all necessary licences and/or approvals;
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
contains photographs or images of a child, unless you are that child’s legal guardian;
contains or discloses another person’s personal information without his or her written consent; or
collects or solicits another person’s personal information for commercial or unlawful purposes.

Nanny Louenna LTD shall be entitled to remove any material from the Websites which is posted or transmitted to the Websites in contravention of these terms of use or for any other reason.

Furthermore, you shall not:

use the Websites or its Web Contents in any unlawful manner;
misuse the Websites (including, without limitation, by hacking or inserting malicious code); ● resell the Websites or its Web Contents;
infringe our or any third party’s intellectual property rights in your use of the Websites or its Web Contents;
use the Websites to solicit, advertise to or contact Clients or Candidates for any purpose other than to arrange placements through the Websites or to post or message users of the Websites regarding placements;
use the Websites to transmit chain letters, junk or spam;
use the Websites to harass, abuse or harm another person;
frame or use any framing techniques to enclose the Websites or any part of it;
take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or
use the Websites in any way which may cause, or be likely to cause, access to or use of the Websites to be interrupted, damaged or impaired in any way.

Section D: VIRTUAL SUPPORT