Terms and conditionsTerms and conditions

Terms and conditions

Terms and conditions

Section A: PLACEMENTS

1. Definitions

“Agency” means Tamarin Group LTD, registered office at 102 Crawford Street, W1H 2HR. For the purposes of these terms and conditions, Tamarin Group LTD is operating as an employment agency and will therefore have no authority or responsibility to enter into a contract with a Candidate on behalf of a Client.

“Connect” or “myTamarin Connect” is an online platform provided and managed by the Agency where nannies and parents can find each other online.

“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.

“Matching fee” means the fee the Client shall pay to the Agency for the introduction of and matching with Candidates.

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

“Temporary position” or “Temporary placement” is a placement agreed by the Agency as being a temporary placement prior to the commencement of a Client’s search. A placement can never be considered temporary if it exceeds a six-month period. 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 not withstanding that the placement may be less than one year in duration.

2. Agreement

These Terms and Conditions constitute the entire 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 holds no responsibility for the employment or other service contract (as applicable) between the Client and the Candidate, which is solely a matter to be arranged between the Client and the Candidate.

Trial

At the request of the Client, the Agency will permit the Client to trial a Candidate for up to 3 days (“Trial Period”), for all placements except for those with Newborn Experts. The 3 trial days have to be used on consecutive days.

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 Matching Fee in accordance with the Pricing Schedule.

The Client will be liable to pay the Candidate’s full wages for the Trial Period.

4. Client responsibilities

Payments to Agency

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 Matching fee as set out on the Website and/or the current Pricing Schedule. In addition, VAT may be charged.

The Client must pay the Agency the Matching 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, which ever date is sooner.

Employment legislation considerations

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 may offer a template employment contract which the Client may use as a guide or point of reference but is not insured to give legal advice to Client.

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.

Payments to Candidates

The Client is responsible for paying all wages and expenses of the Candidate and for procuring any necessary work permits or other certificates required to enable the Candidate to take up any position. The Client is also responsible for deducting the Candidate’s tax, national insurance contributions and pension contributions (if relevant).

For the avoidance of doubt, the Client shall not be liable to pay employment costs if engaging a self-employed Candidate, thus agreeing a salary on “gross” terms.

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.

5. Matching fees

Fee structure

The amount of the Matching Fee will be determined by reference to the type of Engagement as set out in the Pricing Schedule.

The Matching fee is subject to any occasional offers and discounts offered by the Agency.

The Matching fee is further subject to minimum fees as set out in the Pricing Schedule. The minimum fees are never discounted.

The Matching fee is payable when the Client agrees to engage the Candidate, for the full duration of the Engagement.

Earlier introductions

It is the Client’s obligation to immediately, and no later than 24 hours the after the introduction, either by phone or email, 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 effected the introduction and the relevant Matching 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 Matching fee.

Bypassing the Agency

Engaging the Candidate directly or through another agency will be seen as bypassing the Matching fees and hence the Agency is entitled to charge the Matching fee.

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 Matching 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 Matching 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 (including by virtue of the fact that placement is extended beyond six months), the Client shall be required to pay the relevant full Matching fee for the permanent position, from which the initial Matching fee would be deducted.

Additional hours offered later

If the Engagement of a Candidate on a part-time basis is extended to include additional hours or full-time employment in the first year of employment, then the Client shall be liable to pay to the Agency an additional Matching Fee. Such fee shall be the Matching Fee which would have been payable at the time of the Introduction in respect of the additional hours after deduction of Matching fee already paid by the Client.

6. Replacements, refunds and cancellations

Permanent placements

In the case of cancellation by either the Client or the Candidate, prior to the commencement of the Engagement or within the eight weeks commencing the Engagement, the Agency will refund the Client pro rata according to the Pricing Schedule.

In circumstances where you may be due a refund, as an alternative to receiving a refund, the Client may instead be entitled to request a replacement search at no additional cost. We will consider such requests on a case by case basis and in each instance will take into account the specific circumstances. We reserve sole discretion to accept or refuse such requests, based on factors such as our assessment of the situation and replacement availability. If we are not able to accept a request for a replacement, our standard refund terms will apply.

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 materially 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 Matching fee being paid.

As soon as the Client requests a replacement search, they will no longer be entitled to a refund, regardless of the outcome of the replacement search.

Nebworn expert placements

In case of cancellation by the Client, prior to the commencement of the Engagement, or within the first week of the Engagement, the Agency reserves the right to offer a suitable alternative. If no suitable alternative is found, a refund will be given, subject to Agency reserving the right to 50% of the Matching Fee for the work carried out.

In case of a Newborn Expert failing to take up their booking, or any portion of the booking, the Agency reserves the right to offer a suitable alternative Newborn Expert. If no suitable alternative is found, a refund will be given, subject to Agency reserving the right to 25% of the Matching Fee for the work carried out.

In either case, the refunds are subject to the minimum fees as set out in the Pricing Schedule.

Temporary placements

In case of cancellation by the Client, prior to the commencement of the Engagement, the Agency will retain the minimum fee and refund the rest of the Matching Fee. In case of cancelations at any point after the commencement of the Engagement, the Agency will refund the Matching fee for any week charged and payed for, but not started yet, subject to the minimum fee.

In case of a Candidate failing to take up their booking, or any portion of the booking, the Agency reserves the right to offer a suitable alternative Candidate. If no suitable alternative is found, a refund will be given, pro-rata for any week paid for but not yet commenced, subject to Agency reserving the right to the minimum fee for the work carried out.

Other provisions

Replacements and Refunds are conditional upon:

  • Payment of Matching Fees has been made in full;
  • 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;
  • 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;
  • 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 eight-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 3 days if applicable.

7. Special pricing option for Permanent placements in the UK

For Permanent placements in the UK only, Clients have two options for payments of Matching fees.

Option 1: As described above, Clients may pay the Matching fee as an up-front payment. Such sums will be payable within 7 days of receipt of the invoice and in any case before the Engagement commences. Payments may be made manually via a bank transfer or via our online payments page using Stripe.

Option 2: Clients may opt in to pay in 12 equal monthly instalments of the Matching Fee x 1.5, via Direct Debit. The first instalment 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 second and the following instalments will become due on the monthly anniversary of the start date of the Engagement.

We will stop any monthly fee payments by Direct Debit at the end of the month of the Candidate’s last day with the Client, provided that the following conditions have been met:

  • All payments due by the Client have been paid in conformance with these Terms and Conditions;
  • The Client has notified us of the termination of the contract in writing (by registered letter or e-mail) within 7 days of the termination.

In any case, the payments will stop only after the Client has notified us, even if the Engagement terminated earlier.

Please not that where choosing to pay in instalments, there is no refund, pro-rata refund or replacement option available.

Option 2 is never subject to any discounts or promotions set out by the Agency.

8. Special pricing for myTamarin Connect

All Matching Fees for introductions made via myTamarin Connect are 50% of the Agency standard Matching Fee, and are not subject to the minimum fees.

As soon as a Client contacts a Candidate via myTamarin Connect, it is assumed that they have not met this Candidate via another agency or independently. Any subsequent Engagement will be subject to the relevant Matching Fee.

Please note that as soon as Client contacts the Agency and asks to start a specific search, they are subject to the standard Matching Fees for Engaging any Candidate introduced by the Agency, regardless of whether they find the same Candidate on Connect.

Option 2 under section 7 is available for myTamarin Connect as well.

9. Liability and Indemnity

The final decision to employ 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 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 Matching 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 Tamarin Group 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. Tamarin Group 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 Tamarin Group LTD.

10. 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 Tamarin Group service, 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 of Clients before referencing them in CVs and other employment credentials. However, Tamarin Group LTD bears no responsibility for the obtaining of such permissions.

11. Disputes between Candidates and Clients

If any disputes or disagreements arise between Candidates and Cients 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.

12. Law and Jurisdiction

These Terms and Conditions (including all section, Section A, Section B and Section C) and the relationship between you and Tamarin Group 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

Matching fees

For UK-based nannies (permanent, live-in or live-out positions)

  • 10% of nanny’s gross annual salary
  • With our 8-week refund guarantee
  • Subject to a minimum fee of £499

For nannies placed overseas (permanent, live-in or live-out positions)

  • 10% of nanny’s net annual salary
  • With our 8-week refund guarantee

For newborn experts (maternity nurses, night nannies and doulas) (UK-based or overseas)

  • 10% of the total pay to the nurse/doula
  • Subject to a minimum fee of £99 for night nannies and £199 for maternity nurses and doulas

For UK-based temporary nanny placements (i.e. less than 6 months)

  • £125 per each (commenced) week
  • Subject to a minimum fee of £250

For overseas temporary nanny placements (i.e. less than 6 months)

  • £200 per each (commenced) week
  • Subject to a minimum fee of £400

Trials for permanent placements

  • Up to and maximum three days: FREE

Matching fees for myTamarin Connect

  • 50% of the standard fees above; no minimum fees apply.

Refund schedule for Matching fees for permanent positions

Week in which the engagement terminates% of matching fee refunded
Non-commencement100%
1100%
287.5%
375%
462.5%
550%
637.5%
725%
812.5%
90%

Section C: USE OF WEBPAGE

13. Introduction

These terms and conditions govern your access to, downloading and use of the entire contents of www.mytamarin.com (“Home Website”) owned and operated by Tamarin Group LTD (“Tamarin Group”, “us”, “we”, “our”) as well as any forms, surveys or questionnaires sent or otherwise supplied to you by us (“Other Web Sites”) (combined “Websites”).

Please read these terms of use carefully before using the Websites. They are a legal agreement between you and Tamarin 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 this Websites you represent and warrant that you are over the age of 18.

14. 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 Tamarin Group. 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, license 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.

15. Links to Other Websites

This Website may contain links to other sites which are not under the control of Tamarin Group 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.

16. Your access to our services

While Tamarin Group 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.

17. Communications

Tamarin Group 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.

18. Your privacy and information you give us

Tamarin Group 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.

19. 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. Tamarin Group 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.

20. 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.

Tamarin Group 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.
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