1. DEFINITIONS:

In these Terms and Conditions the following definitions apply unless the context otherwise requires.

- "Agency" shall be THE GOOD CHILDCARE with the following registered office: Office Madrid Business Center. Av. del Brasil,29-1º. 28020, Madrid, Spain.

The Good Childcare act as a recruitment service that matches and introduces suitable Candidates to work for the Client.

- "Client" shall be any person, parent, family member, or third party appointed by such person.

- "Candidate" shall be any person, nanny, manny, governess, governor, maternity nurse, tutor, to whom the Agency introduces to the Client as being available for work or hire.

2. REGISTRATION:

2.1. Candidates and Clients must complete the online Registration Form and accept the Agency´s Terms & Conditions and the Privacy Policy to be accepted as Candidates and Clients. By filling the online registration form constitutes confirmation of acceptance of the T&C and the Privacy Policy. 

2.2. When Candidates and Clients contact the Agency by oher ways they will need to sign these documents and return them to the Agency, before they are accepted. 

3. CLIENT:

3.1. The Client needs to provide a copy of his/her passport as proof of identification and a proof of address such as a household bill to confirm his/her personal address before the Agency start the process of finding Candidates. 

3.2. The Client must pay the search fee of 100e when the Client lives outside Spain or is a Foreign Client in Spain. There is no charge for Clients living in Spain for searching the Candidate.

3.3. The Client agrees to inform the Agency when any interview is taking place. The interviuw with the Candidates will be in person, by phone or via Skype/Zoom.

3.4. The Client must pay all reasonable travel expenses for those Candidates who are based outside the city or the country where the interview will take place. The Client shall settle this directly with the Candidate at the interview stage. The Candidate must provide relevant receipts for the journey in order to be reimbursed by the Client.

3.5. The Client agrees to notify the Agency, either verbally or in writing, as soon as an offer of employment has been made and accepted by the Candidate. The Client must explain in detail to the Agency the date of commencement, length of the engagement, working hours and the agreed monthly salary and must pay the placement fee to the Agency within 7 days from the day of offer of employment being made in accordance with our Terms and Conditions.

3.6. The Client will be held responsible for bypassing the Agency in cases where the Client avoid to inform the Agency about the start of employment and will be accountable for paying the placement fee plus 25% penalty surcharge as well as legal fees incurred with this.

3.7. The Client is solely responsible for the suitability of the Candidate and it is his/her only decision to employ or to interview the Candidate. The Agency cannot be held responsible for any mistakes in the Candidate’s portfolio as those are provided directly by the Candidate. The Client needs to make appropiate checks of childcare qualifications, contacting any references or driving certifications before commencing employment or the interview. The Client needs to request those in writing and the Agency will release them after obtaining the Candidate’s permission to do so.

3.8. The Client is responsible for the employment of the Candidate as the sole employer in accordance with all requirements and responsibilities based on the legislation in the country of employment. The Client is responsible for putting in place a suitable contract of employment between the Client and the Candidate and will be accountable for the Candidate’s Tax and National Insurance (Social Security in Spain) contributions to be made from the Candidate’s salary. The Client is responsible for paying the agreed salary net directly to the Candidate either in cash, cheque, or to her bank account. In the case of the Client is based in Madrid, the Agency offers a complimentary (non obligatory) service to the Client for contract of employment between the Client and the Candidate, to whom the Client takes ultimate responsibility.  A copy of the signed contract needs to be emailed to the Agency within 7 days from the date of commencement.  

3.9. The Client is solely responsible for ensuring that the Candidate is eligible to work in Client’s country and for obtaining and paying for her/his travel expenses prior to the commencement of employment – such as flights, taxis, shuttles etc /any relevant work permits / visas / immigration requirements that may be necessary and for arranging and paying for any health or travel insurance where applicable.

3.10. The Client agrees to notify the Agency and pay an additional placement fee if the nature of employment of the Candidate changes during the first six months from commencement and there is an increase in working hours or days of work originally required when the Candidate started the employment. When the position of employment is temporary and the Candidate subsequently rejoins the Client at any time in the future after the agreed period for further employment, the Client must notify the Agency and is required to pay additional fees.

3.11. The Client agrees not to introduce the Candidates to third parties keeping personal and contact details of Candidates strictly confidential respecting the Candidate´s privacy.

4. CANDIDATE:

4.1. The Candidate understands that the Agency is a recruitment and matching service only, that provides it’s Clients with information respecting potential Candidates in exchange for a placement fee.

4.2. There is no registration fee for the Candidate. There is no contract or obligation to remain with the Agency for any specific time and the Candidate can withdraw from the Agency at any time for no charge or obligation. The Candidate and the Agency acknowledge that there is no employer/employee relationship between them.

4.3. The Candidate agrees to provide personal and contact information to the Agency that is complete, true and accurate. The Candidate will also supply full details of childcare and education certificates, previous work history, contactable references and an Enhanced DBS on Agency’s request.

4.4. The Candidate’s Information will be released only to Clients by a recruitment consultant employed by the Agency. Under no circumstance will the Agency release your personal or contact information to any third parties, or disclose it to prospective Clients on our website, as per our Privacy Policy without your approval. 

4.5. The Candidate agrees not to disclose the following information to prospective Clients at the interview stage: full name, phone number, email address, postal address or any other forms of contact allowing the Client to contact Candidate directly.

4.6. The Candidate must notify the Agency immediately should she/he be offered employment directly or indirectly through the Client or should the Client contact the Candidate directly without Agency’s permission.

4.7. The Candidate must discuss and confirm the wages (for trial, temporary, permanent work) and all working conditions directly with the Client during their interview stage, and request from the Client to sign a work agreement/contract prior to beginning any type of work – trial, temporary or permanent. The Agency cannot be held responsible for negotiating any wages, loss of wages, termination of employment, and changes in the working conditions that result or may result from working for the Client. The Candidate is under no legal obligation to work for a particular Client, and may request to be placed in another placement at their discretion. 

4.8. The Agency does not provide any representations or warranties to the Candidate regarding any Client. The Agency provides only an introduction service between the Candidate and prospective Clients and will refer their name and portfolio to suitable Clients. The Agency cannot guarantee a Candidate will be interviewed or hired by any prospective Clients, nor can the Agency warrant the length of employment the Candidate will have once hired. Any Candidate/Client interviews, police checks, CRB checks, First Aid and other training required will be the responsibility and expense of the Candidate.

4.9. The Agency shall not be liable to the Candidate, or to any other person, including, but not limited to the Candidate’s family or their successors, heirs and assigns, or any other person, for incidental or consequential losses, damages or expenses, directly or indirectly arising from any action or failure to act by a Client. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed in it. Furthermore, it is agreed that this written instrument embodies the entire agreement of the parties except as expressly set out in this instrument. 

4.10. The Candidate releases THE GOOD CHILDCARE, the Agency, from all claims, liabilities, injuries, demands, suits, actions, causes of actions of every kind arising out of or resulting from the action of The Agency or the release of any information by the Agency. The Candidate acknowledges having read, understood and agreed to the Terms and Conditions of this agreement which are set forth in this agreement.

4.11. The Candidate must be willing to sign a confidentiality agreement prior to starting the role.

4.12. The Candidate cannot work for other Clients using the THE GOOD CHILDCARE or Agency´s name and reputation.

4.13. The Agency has the right to terminate the agreement with the Candidate at any time, for any reason, including but not limited to unprofessional conduct, misrepresentation of the image and company name, lateness, no showing, drug or alcohol abuse, previous or current criminal record.

5. AGENCY:

5.1. The Agency conducts its business as a recruitment and matching service that introduces and matches suitable Candidates to work for the Client with the purpose of effecting introductions between persons desiring to enter into contracts for services.

5.2. The Agency endeavours to establish the suitability of any Candidate for introduction to the Client by taking up a minimum of two references from each Candidate. However, all responsibility for ascertaining the suitability of a Candidate for the engagement remains with the Client.

5.3. The Agency holds no responsibility for the Client and Candidate’s employment contract and any matters associated with it are to be arranged between the Client and the Candidate. The Agency offers a contract of employment only as a sample guide for the Client and Candidate to use. In some cases, when the work engagement will take place in Madrid, the Agency can also provide an employment contract and arrange for the contract of employment to be signed by both. 

5.4. The Agency cannot be under any circumstances held responsible and excludes liability for any loss, damage, delay, inconvenience , problems, death, injuries or accidents incurred or suffered by the Client, the Client’s family, staff, or the Client’s assets caused directly or indirectly during employment or introduction of the Candidate allegedly arising from the acts or character of the Candidate introduced by the Agency, or, to the extent permitted by law, in respect of services provided by the Agency, even if such act or omission is negligent or fraudulent or reveals any dishonesty.

5.5. The Agency does not offers any warranty for the Candidate’s suitability, personality, character, honesty, and reliability.

5.6. The Agency does not employ any of the Candidates directly or indirectly. Candidates are introduced to Clients and they will be always employed by the Client, unless the Candidate is self-employed (this only applies to childminders or maternity nurses in some countries, a standard nanny cannot be self employed in Spain). Candidates shall be under the supervision and direction of the Client.

5.7. The Agency reserves the right to change or add to the above Terms and Conditions without prior notification, however all changes will be posted on this website www.thegoodchildcare.com. It is your responsibility to check these Terms and Conditions in case there are any changes. Continuing to use the site and our services after a change has been made is your acceptance of the changes.

6. FEES:

6.1. All placement fees quoted are exclusive of VAT/IVA.

6.2. The Agency fees are non-refundable. 

6.3. There is no registration fee for Clients based in Spain. Registration fee of 100 eur. applies to Foreign Clients looking to hire a Candidate in Spain, and to Clients living outside Spain.

6.4. The Agency fee for a full-time or part-time Nanny/Manny, Governess/Governor, Tutor, Maternity nurse is equivalent to the net monthly salary payable to the Candidate in Spain (VAT/IVA are not incluyed). The placement fee outside Spain is equivalent to a 10% of the net annual salary payable to the Candidate (VAT/IVA are not incluyed). 

6.5. All payments for our fees should be paid by direct bank transfer. We do not accept credit card payments or payments over the phone.

6.6. The Client agrees to notify the Agency, either verbally or in writing, as soon as an offer of employment has been made and to pay the agreed fee within 7 days of the invoice date. All invoices will be submitted to the Client prior to commencement. The Candidate will not departure from Spain (or country of current residence) and will not commence employment prior to full settlement of the invoice. A surcharge of 10% will be added to all fees not settled after 7 days of the invoice date. 

6.7. The Client will be responsible for bypassing the Agency in cases where the Client avoid to inform the Agency about the start of employment and will be accountable for paying the placement fee plus 25% penalty surcharge as well as legal fees incurred with this, as mentioned in section 3.6. of these Terms and conditions. 

6.6. All invoices not settled within 30 days from the invoice date will be passed to the Debt collector which will result in additional charges.

7. CANCELLATION OF BOOKING:

7.1. In case of a Client withdraws an offer of confirmed employment or cancels the confirmed booking prior the Candidate’s start date, a 10% of placement fee will be payable by the Client to the Agency as a cancellation fee. Payment will become due within 7 working days from the date of invoice.

7.2. In case of a Candidate cancels the confirmed and already paid booking, the Agency will offer a replacement candidate free of charge. If the Client does not wish to accept the replacement candidate from the Agency, or does not wish to use the service of the Agency for finding a suitable replacement, only 50% of paid agency fee will be refunded to the client.

8. TERMINATION OF EMPLOYMENT:

All instances of termination of employment where a replacement is claimed must be notified in writing to the Agency within three days of the termination of employment.

9. REPLACEMENTS:

9.1. The Agency will offer replacement Candidates free of charge in case of the Candidate leaves the employment within 90 days from commencing such employment. The Client is eligible to 2 free replacements. The Agency shall be obliged to provide the Client with up to 3 candidate profiles for free replacement. Such profiles will be selected based on the information originally provided in the Client’s registration form and will be provided within 2 months of notification.  The Agency accepts no liability and is not obliged to offer a replacement if the Client finds the portfolios unacceptable and does not want to engage any of the potential Candidates.

9.2. The Agency will offer replacements, in case of the Client fires a Candidate, if the following conditions have been satisfied:

9.2.1. The Client paid the full registration fee prior to the interview commencement.

9.2.2. The Client has paid for the placement fee in full within 7 days from the invoice date and prior to the Candidate’s start of employment.

9.2.3. The Client has notified the Agency of the termination of employment of a Candidate in writing within 3 days of termination.

9.2.4. The Client has not changed the employment conditions, such as working hours, location of employment and duties as originally agreed by the Candidate and Client in the contract. The reason for firing a Candidate is in lines with the employment contract, such as serious misconduct, constant illness etc.

9.2.5. The Client followed his/her legal obligations, such as registration with Income tax, paid for Candidate’s taxes and NI (Social Security in Spain) contributions (proof must be provided – ex. Candidate’s last payslip).

9.2.6. The Client was not physically or verbally aggressive towards the Candidate or Agency’s representative.

9.2.7. The Candidate has not cancelled the engagement due to unreasonable requirements by the Client.

9.2.8. Once the Client advises the Agency to look for a replacement Candidate and then finds a new Candidate via another source, the Agency will not offer any further replacements.

10. REFUND POLICY:

10.1. Eligibility for Refund: Clients are entitled to request a refund for any charges billed to them, as indicated on their respective invoice.

10.2. Method of Request: Refund requests must be submitted in writing via email to the following address: info@thegoodchilcare.com.

10.3. Request Period: The customer must submit the refund request via email within 30 days of the start date as shown on the invoice. Requests made after the 30-day period are not eligible for a refund.

10.4. Processing: Upon receipt of a valid refund request submitted within the stipulated time frame, the refund shall be processed in 7 days.

11. COPYRIGHTS:

Any material found within the pages of our website including text or images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way. Permission for any other use must be obtained by contacting THE GOOD CHILDCARE Agency.

12. LEGAL:

These terms of business are covered by Spanish law and all disputes arising out or in connection therewith shall be subject to the jurisdiction of the Spanish courts.