Kingdon Global Private Household Staff

+44 (0)1794 517123

[email protected]

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Terms of Business



    1. In these Terms the following definitions apply:
    1. These terms of business and the attached Schedule(s) ("the Terms") constitute the contract between the Company and the Client for the supply of permanent or contract staff (to be engaged directly by the Client) and are deemed to be accepted by the Client by virtue of an Introduction or the Engagement of a Candidate, or the passing by the Client of any information about a Candidate to any third party following an Introduction.
    2. These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of Kingdon Global Limited, these Terms prevail over any other terms of business or purchase conditions (or similar) put forward by the Client.
    3. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a Director of Kingdon Global Limited and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
    4. The Company acts as an Employment Agency (as defined in Section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by that Client.
    1. The Client agrees to:
      1. notify the Company immediately of the terms of any offer of an Engagement which it makes to the Candidate;
      2. notify the Company immediately that its offer of an Engagement to the Candidate has been accepted and to provide details to the Company of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Company; there is a Confirmation of Employment form for this purpose; and
      3. pay a fee to the Company for an introduction resulting in an Engagement to be calculated in accordance with the provisions of this clause 3 , by the due date for payment in clause 3.6.
    2. The Introduction Fee calculated in accordance with clause 3.4 below is payable if the Client Engages the Candidate within the period of 6 calendar months from the date of (a) the Introduction, (b) the Client's withdrawal of an offer of Engagement or (c) the Candidate's rejection of an offer of an Engagement, (whichever is the later).
    3. Clients engaging the services of staff, even should such staff be considered by the Client to be unsatisfactory, will be liable for the fee in full for the period the staff are retained.
    4. The Introduction Fee is calculated in accordance with the attached Fee Structure Schedule based on the Remuneration applicable during the first 12 months of the Engagement.
    5. Where the Engagement is for a fixed term of less than 12 months, but more than 8 weeks, the Introduction Fee will apply pro-rata subject to a minimum fee of £480. If the Client (a) extends the Engagement beyond the initial fixed term or (b) re-Engages the Candidate within 6 calendar months from the date of termination of the agreed fixed term, then the Client shall be liable to pay a further Introduction Fee based on the additional Remuneration applicable subject to the fee being no greater than the Client would have been liable for under clause 3.3 had the Candidate first been Engaged for 12 months or more.
      1. If a staff member works for a shorter period of time than originally arranged, a credit note will be issued in respect of each week not worked by the staff which may be used against any subsequent fees incurred by the Client. The credit note will be valid for 12 months. No Cash refund will be made if the credit note is not used.
      2. Where the engagement term is not fixed, or is for a period of 8 weeks or less, our temporary fees apply as per the fee structure attached as per clause 3.4.
    6. The Client's obligations under this clause 3 shall be performed without any right of the Client to invoke set-off, deductions, withholdings or other similar rights.
    7. The Introduction Fee shall be payable within 14 days of the date of the Company's invoice which shall be rendered once the Candidate accepts the offer of the Engagement, whether such offer is conditional or not.
    8. VAT would be chargeable at the standard rate on all fees should Kingdon Global Limited become VAT Registered.
    9. The Company reserves the right to charge interest on invoiced amounts unpaid by the due date at the rate of 8 % per annum above the base rate from time to time of Barclays Bank from the due date until the date of payment.
    10. Specific advertising placed only at the Client's request will be charged at cost. Written confirmation from the client will be required prior to booking the advertising placed on behalf of the client.
    1. If, after an offer of Engagement has been made to the Candidate, the Client decides for any reason to withdraw it prior to the Candidate accepting the Engagement, the Client shall be liable to pay the Company a Cancellation Fee of 50% of the full fee or £200, whichever is the greater, if notice if given in writing at least 14 days prior to the start date of employment and subject to the Client adhering to the Company's Terms and Conditions. Otherwise the full fee is payable by the client if notice is given under 14 days.
    2. If, after an offer of Engagement has been made and accepted, the Engagement does not commence because the Candidate withdraws their acceptance, a full cash refund shall be issued subject to clause 7.2.
    1. If, the Engagement terminates before the expiry of 8 weeks from the date of commencement of the Engagement; then subject to the terms of clause 5.2 the Company will make a refund of a proportion of the Introduction Fee in accordance with the accompanying Scale of Refunds set out in the Schedule attached to these Terms.
    2. In order to qualify for the refund set out in clause 5.1:
      1. the Client must comply with the provisions of clause 3.1 and must notify the Company in writing of the termination of the Engagement within 7 days of its termination, and
      2. the Client must exclusively give the Company 4 weeks from the date of the notice of termination in which to find one suitable Replacement Candidate based on the original specification given for the position the Client is seeking to fill. If after 4 weeks from the date of the notice no suitable Replacement Candidate can be found, or if the Replacement Candidate's Engagement is terminated before the expiry of 8 weeks from the date of commencement of the Engagement the Client will then be eligible for a refund, subject to the rest of clause 5.
    3. For the purpose of this Clause 5, the date of termination of the Engagement shall be the date on which the Candidate ceases working or would have ceased working for the Client, but for any period of garden leave or payment in lieu of notice, whichever is the later.
    4. In circumstances where clause 3.5 applies, the full Introduction Fee is payable and there shall be no entitlement to a refund.
    5. If subsequent to the Client receiving a refund the Candidate is re-Engaged within a period of 6 calendar months from the date of termination then the refund shall be repaid to the Company. The Client shall not be entitled to any further refunds in relation to the re-Engagement of this Candidate.
    6. If the staff, should, following the commencement of employment, leave because the conditions of employment were misrepresented by the Client, the full fee will be charged in all cases and no refund will be granted.
    7. No refund or replacement of staff will be given if the Client fails to adhere to these Terms and Conditions of Business or to settle the Company's account within the payment terms ( see clause 3.6).
    1. Introductions of Candidates are confidential. If a Client discloses a Candidate's details to a third party, that will be deemed to be a "Third Party Introduction". If that Third Party Introduction results in an Engagement of the Candidate by the third party within 6 months of the Company's Introduction of the Candidate to the Client, then the Client will be liable to the Company for payment of an Introduction Fee in accordance with clause 3. Neither the Client nor the third party shall be entitled to a refund of the Introduction Fee under clause 4 in any circumstances.
    1. The Company endeavours to ensure the suitability of Candidates Introduced to the Client to work in the position which the Client seeks to fill by taking reasonably practicable steps to
      1. ensure that it would not be detrimental to the interests of either the Client or the Candidate;
      2. ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body; [and]
      3. confirm that the Candidate is willing to work in the position [and]
      4. obtain confirmation of the Candidate's identity; and that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body.
    2. Notwithstanding clause 7.1 the Client shall be obliged to satisfy itself as to the suitability of the Candidate for the position they are seeking to fill. The Client is responsible for:
      1. taking up any references provided by the Candidate before Engaging the Candidate;
      2. checking the Candidate's right to work and obtaining permission to work as may be required by the law of the country in which the Candidate is Engaged to work; it is the Client's responsibility to obtain independent professional legal advice on correct immigration requirements;
      3. If Staff are refused entry by a Country's immigration authorities, or are not permitted to remain in that country because the Client has failed to arrange a valid work permit for the full duration their proposed employment, it is not the Company's responsibility, and no refund or credit will be given. It is highly recommended that the Client take legal advice regarding work permits prior to offering employment to staff.
      4. the arrangement of medical examinations and/or investigations into the medical history of any Candidate; and satisfying any medical and other requirements, qualifications or permission required for the Candidate to work in the Engagement.
    3. To enable the Company to comply with its obligations under 7.1 above the Client undertakes to provide to the Company details of the position which the Client seeks to fill, including the following:
      1. the type of work that the Candidate would be required to do;
      2. the location and hours of work;
      3. the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position;
      4. any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
      5. the date the Client requires the Candidate to commence the Engagement;
      6. the duration or likely duration of the Engagement;
      7. the minimum rate of Remuneration, expenses and any other benefits that would be offered;
      8. the intervals of payment of Remuneration; and
      9. the length of notice that the Candidate would be entitled to give and receive to terminate their employment with the Client.
    4. Where the Candidate is Introduced for a position which involves working with, caring for or attending a Vulnerable Person the Company shall, in addition to the obligations in clause 6.1, take reasonably practicable steps to:
      1. obtain confirmation of the Candidate's identity;
      2. obtain confirmation that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and
      3. obtain and offer to provide copies to the Client of two references from persons who are not relatives of the Candidate and who have agreed that the references they provide may be disclosed to the Client; and any relevant qualifications or authorisations of the Candidate. If the Company has taken all reasonably practicable steps to obtain such information and has been unable to do so fully it shall inform the Client of the steps it has taken to obtain this information in any event.
      4. The final decision to engage a candidate is the responsibility of the Client only. The Company does not give any warranty concerning history, character, age, capability, medical fitness, availability or suitability of any candidate introduced by the Company. It is acknowledge that although the Company may take up references in respect of an applicant it is for the Client to decide what reliance can be placed thereon and to check the validity of the qualifications to ensure that the candidate meets it's requirements.
    When the Company Introduces a Candidate to the Client the Company shall inform the Client that they have obtained confirmation of the matters set out in clause 7.1 and in the case of a position which involves working with Vulnerable Persons the matters in clause 7.4. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any Public or Bank Holiday) following, save where the Candidate is being Introduced for an Engagement which is the same as one in which the Candidate has worked within the previous 5 business days and such information has already been given to the Client.
    All information relating to a Candidate is confidential and subject to the Data Protection Act 1998 ("DPA") and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the DPA in receiving and processing the data at all times. In addition information relating to the Company's business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.
    The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Company seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Company to introduce any Candidate. For the avoidance of doubt, the Company does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.
    All notices which are required to be given in accordance with this Agreement shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.
    If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
    These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales



Signed for and on behalf of the Client        

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I confirm I am authorised to sign these Terms on behalf of the Client.