Terms and Conditions of Business

1.       Purpose of business

The business of Felicity Nannies (thereafter: agency) is to introduce nannies[1] to customers (thereafter: client[2]) for a potential employment.

2. Scope of business

These Terms and Conditions form a legally binding framework covering all services of the agency which it undertakes to facilitate a placement of a nanny with a client.

Completion of the registration form by the client will be deemed as acceptance of the agencies Terms and Conditions.

Modified, added or contradictory elements to these Terms and Conditions put forward by the client will not be accepted without an explicit, written consent by the agency.

3. Placements

The client engages the agency to find a suitable employee by filling in the Family Profile. The client is granted the right to contact the nanny before a contract is made.

No warranty is offered by the suggestion of a nanny through the agency or the nanny herself. Herein the agency does not accept any liability, especially not in relation to the suitability of the nanny. The final decision to employ a candidate is the sole responsibility of the client as well as on which terms the employment is manifested.

4.  Facilitation of Contract

After a successful placement a contract is made between the client and the nanny.

The agency itself does not employ nannies.

In so far the client is subject to all matters related to tax, insurance and other consequences following the employment of the nanny. Especially the decision about the precise modalities of if and how a private health care, third party insurance and accident insurance is being made by the client for the nanny is within the sole responsibility of the client.

5. No Warranty of the Agency

The agency does not accept any liability to any delay that might occur throughout the process of a placement. Also no warranty is offered by the agency, if the placement of the nanny fails and no contract is being made between the client and the nanny.

Furthermore the agency is not liable for any loss or damage of any nature arising directly or indirectly from an act or omission of a candidate introduced by the agency.

6. Modalities of Payment

The agency receives a placement fee for a successful placement of a nanny following a verbally or written contact of employment between the client and the nanny.

The respective amount of the placement fee runs in accordance with the section “Fees” on the respective webpage of the agency.

The placement fee is due when an employment contract is being made between the client and the nanny.

The placement fee is to be paid by the client within 14 days after the invoice date (issuing date).

In the event that the employment contract is cancelled after a firm booking – verbal or written - prior to commencement for whatever reason by the client, the client will be charged € 200.

7. Notification of Employment Contract by the Client

It is the clients responsibility to notify the agency in a written form if and with which content an employment contract has been made between the client and the nanny.

Particularly the agency has to be notified about the contractual date of commencement of employment.

In the event of the client failing to inform the agency in time and in a written form 7 days after completion of the employment contract, the agency reserves the right to charge the client a further processing fee.

This further processing fee amounts to 50% of the placement fee and is payable additional to it.

8. Replacements

9. Refund

Provided that the placement fee has been paid fully in time and that the reason for the termination of the contract is on the part of the nanny and the agency can not provide the client with an adequate replacement, a partial or complete refund of the placement fee is offered to the client by the agency. The precise refund rates run in accordance with the section “Fees” on the agencies homepage.

10.   Confidentiality

The client is obliged to keep all information disclosed in relation to facilitation of a contract with potential nannies and in relation to the agency in the strictest confidence.

Confidential information are particularly these, which relate to persons and the personal data referring to the nanny.

The client is not allowed to pass on any personal data of the nanny to a third party or to recommend the nanny to a third party.

Should this circumstance occur and become known the agency and due to the actions of the client a subsequent contact is made between the nanny and a third party, the client is liable to the full placement fee, which would have been paid by the respective third party in the correct handling of the case. This fee will run in accordance with the displayed fee on the webpage of the agency.

The agency is authorized to save and process the forwarded personal data referring to the nanny and the client in the course and framework of arranging a suitable placement.

11. Concluding Provisions

The regulations in these Terms and Conditions will find appliance in the declaratory parts of the law of Germany .

The place of performance is the headquarters of the agency.

The place of jurisdiction for all potential disputes on placements between the respective client and the agency is the business locations of the agency in Munich/Germany.

Changes and Alterations require a written form to be effective.

This also applies to the written clause itself.

Should one or a number of regulations of these Terms and Conditions be or become ineffective, it does not touch the effectiveness of the other regulations.

In this case a regulation instead of the ineffective one will become effective, which will be nearest to the ineffective clause in regards to the economical meaning and purpose.