Creative Childcare Client T&Cs

Terms and Conditions of Business for Role Models Creative Childcare Ltd

  1. DEFINITIONS

The following expressions shall have the following meanings:

Conditions” means the terms and conditions as set out in this document and any subsequent variations as agreed in writing by RMCCL and the Client.

Client” means any family, third party, individual, partnership, company or other organisation or entity which contracts with the RMCCL with a view to procuring the services of a Role Model and for whom RMCCL has agreed to provide the Services in accordance with these conditions.

Engagement” means engagement or use of the Role Model by the Client for one or a number of Sessions, or by any third party to whom the Client has introduced the Role Model.

Holiday” means any trip outside of London (zones 1-6) where a Role Model is required to stay overnight with the Client for longer than 24 hours. A Role Model can provide a maximum of 45 hours childcare in a week (plus up to 16 hours of babysitting over a maximum of 4 evenings).

Instructions” means the instructions provided by a Client, whether orally or in writing, to the RMCCL in relation to the provision of a Role Model for ad-hoc or part-time childcare to the Client’s family.

Monthly Membership Fee” means a monthly membership fee of £20 to be paid by the Client by direct debit to RMCCL as described in Clause 5.9.1 of these terms and conditions.

Annual Membership Fee” means a membership fee of £200 to be paid by the Client by direct debit to RMCCL every twelve months as described in Clause 5.9.2 of these terms and conditions.

Booking Fee” means a non-membership fee of £30 for every day a Role Model is booked.

Role Model” means any person introduced to the Client by RMCCL for Engagement.

RMCCL” means Role Models Creative Childcare Ltd, a company registered in England and Wales with company number 11917958.

RMCCL Fee” means the relevant fee payable to the RMCCL for the Services as set out in Clause 5.

Services” means the ad-hoc childcare services provided by the RMCCL to the Client as described in these Conditions.

Session” means each period of not less than 3 hours and no more than 12 hours per day during which the Role Model is assigned to the Client.

  

  1. Agreement

2.1.  The Agreement between the RMCCL and the Client for the provision of the Services, incorporating these Conditions, shall only come into force when the RMCCL confirms acceptance of Instructions either orally, in writing to the Client or by conduct through the transmission of information relating to a Role Model to the Client, whether by email, by phone or in person (the “Agreement”).

2.2.  These Conditions apply to the Agreement to the exclusion of all other terms and conditions and shall supersede any other documentation or communication between the Client and the RMCCL.

2.3.  Any variation of this Agreement (including any special terms and conditions agreed between the parties) must be agreed in writing between the parties.

  1. Supply of Services

3.1.  To the extent that the Role Model is engaged by RMCCL as a self-employed person nothing contained within this Agreement shall constitute the relationship of employer and employee and/or worker or a partnership between RMCCL and the Role Model, or between the Client and the Role Model. To the extent that the Role Model is employed or otherwise engaged by RMCCL as a worker nothing contained within this Agreement shall constitute the relationship of employer and employee and/or worker or a partnership between the Client and the Role Model.

3.2.  RMCCL shall use reasonable endeavours to introduce to the Client Role Models which the RMCCL considers suitable to be engaged by the Client as required in the Instructions and to perform the additional Services as further set out in this Clause.

3.3.  The RMCCL shall carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations.

3.4.  The RMCCL will take all reasonable steps to introduce Role Models to the Client who are of sound character, honest and reliable and are suitable for the ad-hoc childcare required. However the RMCCL cannot be held responsible for the conduct of a Role Model either before or during the Client’s engagement of the Role Model and does not give any warranty as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Role Model nor as to the completeness, truthfulness or the accuracy of the information supplied to them by the Role Model and which is then transferred to the Client. The RMCCL accepts no liability for any loss or damage arising from any negligence, misconduct, dishonesty or lack of skill on the part of the Role Model.

3.5.  The RMCCL will inform the Client as soon as reasonably possible of any information which subsequently comes to light that suggests they are unsuitable for the role with the Client.

3.6.  The RMCCL will check that each Role Model it proposes to the Client has had a Disclosure Barring Service check (previously CRB) which is valid within the past three years.

3.7.  The RMCCL will seek to provide continuity in Role Models for each Session. However, whilst the RMCCL will always look to provide quality service through its selection of high quality Role Models, we cannot guarantee the services of a particular Role Model or their availability and maintain the right to substitute Role Models as business needs require.

3.8.  Time for commencement shall not be of the essence of the Agreement and the RMCCL shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.

  1. Responsibilities of the Client

4.1.  The Client shall specify in full within their instructions their exact requirements and provide full details of the type of work and period of time for which the Role Model is required. Whilst the parameters of what the Client is looking for from the Role Model should be made clear to both RMCCL and the Role Model themselves, the Role Models should be allowed to perform their services without undue oversight.

4.2.  The Client shall book each Role Model for a minimum of 3 hours per Session.

4.3.  The Client shall provide Instructions to RMCCL at least 48 hours prior to a Role Model’s ad-hoc Session. However RMCCL will use reasonable endeavours to provide a Role Model if less notice is given.

4.4.  The Client shall provide Instructions to RMCCL at least 1 week prior to requiring two or more Role Models Sessions. However RMCCL will use reasonable endeavours to provide a Role Model if less notice is given.

4.5.  The Client shall provide Instructions to RMCCL at least 4 weeks prior to requiring a Role Model to join the Client’s family on Holiday. However RMCCL will use reasonable endeavours to provide a Role Model if less notice is given.

4.6.  The Client shall pay the appropriate RMCCL Fee as set out in Clause 5 to the RMCCL.

4.7.  The Client acknowledges that the Role Model is self-employed.

4.8.  In the event that the Client books a Session which ends after midnight, the Client shall pay the Role Model for their transport home by taxi.

4.9.  The Client is responsible for ensuring that their home contents insurance includes cover for anyone working in their home and that the Role Model has adequate public liability insurance in place, with a minimum limit of £1m.

4.10. In the event that a Role Model chooses or is required to use their own car for transportation of the Client’s children, the Client shall compensate the Role Model for any petrol consumed at a rate of £0.30 per mile, the Role Model shall ensure that the car has sufficient petrol and is appropriately maintained to meet the expectations of the Client. If The Client requires a Role Model to drive the Client’s car during an Engagement then the Client shall ensure that their car is adequately insured for whichever Role Model is currently engaged.

4.11. All expenses incurred by the Role Models as a result of an Engagement with a Client, including petrol, taxi fares and any other mode of transport taken within the session, entrance fees etc., shall be paid directly to the Role Model by the Client. This does not include travel costs to and from the Client’s home address unless the Role Model is travelling outside London  (zones 1-6),  after midnight and before 6am.

  1. Charges

5.1.1 Role Models have a minimum base price of £12/hour rounded to the nearest 30 minutes of the Engagement undertaken for a Client excluding travel time (within zones 1-6). This is also the price RMCCL recommends Role Models use when charging for their services. Role Models are however within their rights to charge more if the charge is agreed with both the Client and RMCCL prior to the Engagement.

For its services RMCCL charges a minimum base price of £3.75/hour rounded to the nearest 30 minutes of the Engagement undertaken for a Client excluding travel time (within zones 1-6). RMCCL will charge 30% for its services for charges agreed between the Role Model and Client above the £12/hour base price.

RMCCL is a VAT registered company and as such the existing HMRC VAT rate (currently 20%) should be paid by the Client in addition to RMCCL’s charge.

For sake of clarity if the Client and Role Model agree to the recommended charge of £12/hour then the Client will pay £12/hour to the Role Model, £3.75 to RMCCL and £0.75 (20% of £3.75) of VAT. A total of £16.50/hour including VAT.

5.1.2. On a monthly basis, RMCCL shall raise an invoice to the Client (paid via a secure Direct Debit) on behalf of the Role Model for the hours worked by the Role Model and any applicable RMCCL & VAT Fees. A Weekly Timesheet Report will be emailed to the Client each Monday, which should list all of their sessions that have been submitted by Role Models in the previous week. Please note that sometimes, this list may be incomplete, as one or more Role Models may not have submitted their timesheets yet. This Weekly Timesheet Report replaces the original system of obtaining signatures on a paper timesheet to confirm sessions with Role Models. Therefore, if the Client is happy that these sessions have taken place and are accurate, then there is no action for the Client.

5.1.3. On the basis of 5.1.1 a Total payment of £16.50 per rounded to the nearest 30 minutes (including travel time) when accompanying a Client outside of London (zones 1-6) with no overnight stay, and the Client will be required to pay for the Role Model’s transport directly;

5.1.4. On the basis of 5.1.1 a Total payment of £16.50 per hour rounded to the nearest 30 minutes (including travel time) when accompanying a Client outside of London (zones 1-6) with at least one overnight stay (e.g. weekend break) up to 24 hours, and the Client will be required to pay for the Role Model’s transport, food and accommodation directly;

5.1.6. Our minimum session time is 3 hours per day (i.e. you will be charged a minimum of £49.50 per session). For example; if you hire a Role Model to work from 7am-9am you will be charged for 3 hours. However, if you hire a Role Model from 7am-9am and then from 3pm-6pm on the same day, then you will be charged for 5 hours.

5.2.   The RMCCL Fee is £30 including VAT for each day booked by non-member Clients.

5.3.   For all Sessions (excluding Holidays) where the Client requests a Role Model to stay overnight in London, the client will pay £12.50/hr including VAT from 1 hour after the children go to bed until 1 hour before the children wake up. The standard £16.50/hr will be paid for all the other hours in the session.

5.4.   To enable a more streamlined service, the Client must sign up to ‘automatic payment’ whereby the Client is sent an invoice on a monthly basis and has 5 calendar days to challenge the total amount. If no challenge is raised, this amount is direct debited from their account. The Client is required to agree to automatic payment in writing via email to RMCCL.

5.5.   If the Client wishes to cancel a Session prior to its commencement, the Client shall provide at least 48 hours notice to RMCCL. If at least 48 hours notice is provided to RMCCL then no charge will be made for the cancelled Session. If less than 48 hours notice is provided to RMCCL then the Client shall be invoiced for the equivalent of three hours Role Model time (£49.50 including VAT).

5.6.   All invoices shall be payable by the Client within seven calendar days of the date of the invoice.

5.7.   If any invoice is not paid when due, the RMCCL is entitled (at its sole discretion) to charge interest on any balance outstanding at the rate of four per cent (4%) above the base rate for the time being of National Westminster Bank PLC compounded quarterly.

5.8.   The Client shall be liable for and shall indemnify the RMCCL against all reasonable costs and expenses incurred by the RMCCL in respect of any steps, actions or proceedings made or brought against the Client by the RMCCL to obtain payment of outstanding RMCCL Fees and interest.

5.8.1. A one-off £50 ‘new joiner’ fee applies for new customers (this fee covers gathering requirements, starting a search, reviewing profiles, and meeting our Role Models).

5.9.               Membership Fees

5.9.1.    Monthly Membership Fees

5.9.1.1. The ongoing Monthly Membership Fee of £20 including VAT will be charged to the Client’s nominated bank account in advance once a month, starting from the first day of membership.

5.9.1.2. Monthly Membership Fees shall be payable for a minimum of two months at the start of a new membership period and then on a rolling monthly basis. This will be an ongoing membership, agreed between the Client and RMCCL, until such a date as the Client gives notice to cancel the membership.

5.9.1.3. The Monthly Membership Fee may be cancelled by giving one month’s written notice to RMCCL (whether by email or post) explicitly stating that the Client would like to cancel their GoCardless Monthly Membership (“Cancellation Notice“).

5.9.1.4.The Cancellation Notice is deemed received only when RMCCL acknowledges receipt of the Cancellation Notice.

5.9.1.5. RMCCL may acknowledge receipt of the Cancellation Notice by email or post.

5.9.1.6. Until such time as RMCCL acknowledges receipt of the Cancellation Notice and confirms the date at which the one-month cancellation notice period ends, the Client will continue to pay the Monthly Membership Fee. It is the prerogative of the Client to cancel their Monthly Membership Fee if they no longer wish to use RMCCL’s services.

5.9.2.    Annual Membership Fees

5.9.2.1. The ongoing Annual Membership Fee of £200 including VAT will be charged to the Client’s nominated bank account in advance once every twelve months starting from the first day of membership. This will be an ongoing membership, agreed between the Client and RMCCL, until such a date as the Client gives notice to cancel the membership.

5.9.2.2. The Membership Fee may be cancelled by giving one month’s written notice to RMCCL (whether by email or post) explicitly stating that the Client would like to cancel their GoCardless Monthly Membership (“Cancellation Notice“).

5.9.2.3. The Cancellation Notice is deemed received only when RMCCL acknowledges receipt of the Cancellation Notice.

5.9.2.4. If the Cancellation Notice is received eleven months or more since the last membership payment, one more membership payment will be taken before all payments are cancelled.

5.9.2.5. If the Cancellation Notice is received within eleven months of the last membership payment, no more membership payments will be taken.

5.9.2.6. RMCCL may acknowledge receipt of the Cancellation Notice by email or post.

5.9.2.7. Until such time as RMCCL acknowledges receipt of the Cancellation Notice and confirms the date at which the one-month cancellation notice period ends, the Client will continue to pay the Membership Fee. It is the prerogative of the Client to cancel their Annual Membership Fee if they no longer wish to use RMCCL’s services.

  1. Additional Fees

6.1.   The Client acknowledges and undertakes that it will arrange Sessions solely through RMCCL and pay all related fees. The Client undertakes not to arrange childcare services directly with a Role Model introduced to the Client through RMCCL.

6.2.   Should RMCCL have grounds to believe that the Client and the Role Model have arranged for the provision of child care services to the exclusion of RMCCL and/or failed to pay the relevant RMCCL Fee, RMCCL reserves the right to:

6.2.1.  Charge the Client for an amount equivalent to the requisite RMCCL Fees calculated in accordance with Clause 5 for the time period over which such childcare services were provided;

6.2.2. Terminate this agreement; and/or

6.2.3. Remove the Role Model from its database.

6.3.    If the Client or a member of the Client’s family or any acquaintance or associate of the Client, passes on an introduction to any other person or persons within twelve months of the Role Model introduction to the Client by RMCCL, resulting in the Engagement of the Role Model for childcare or other services, the Client shall be liable for payment of the relevant full relevant RMCCL Fee in accordance with Clause 5.

  1. Marketing

7.1.       Occasionally, RMCCL may take photographs of children during Role Models sessions. RMCCL may use these images in RMCCL’s marketing materials or in other printed publications that RMCCL produces, as well as on RMCCL’s website. To comply with the Data Protection Act 1988, RMCCL needs the Client’s permission before RMCCL can photograph their child. Acceptance of these terms and conditions constitutes the Client’s consent to such images being used.

7.2.       With respect to Clause 7.1, the following shall apply:

7.2.1.    RMCCL will not use the personal details or full names (which means first name and surname) of any child or adult in a photographic image on video, on our website or in any of our other printed publications.

7.2.2.    RMCCL will not include personal e-mail or postal addresses, or telephone or fax numbers on RMCCL’s website, marketing materials or in other printed publications.

7.2.3.    If RMCCL uses photographs of individual children, RMCCL will not use the name of that child in the accompanying text or photo caption.

7.2.4.    RMCCL will only use images of children who are suitably dressed, to reduce the risk of such images being used inappropriately.

7.3.       Acceptance of these terms and conditions constitutes the Client’s consent to receiving the RMCCL monthly e-newsletter and any important updates regarding the RMCCL via email, phone and SMS. The Client can unsubscribe from these channels at any time by emailing [email protected] clicking unsubscribe on the e-newsletter.

7.4.       With respect to Clause 7.3, RMCCL will not share the Client’s personal details with any third party.

  1. Liability

8.1.      The Client shall notify the RMCCL as soon as reasonably practicable after becoming aware of any matter (a “Relevant Matter”) in respect of which the RMCCL may incur any liability to the Client in negligence, for breach of these terms and conditions or otherwise. Subject as otherwise provided herein, if the Client fails to make such notification within two weeks of becoming so aware, it will not be entitled to make any claim against the RMCCL in relation thereto (and the RMCCL shall not incur any liability to the Client in relation to such Relevant Matter). In the event that a Relevant Matter is properly notified as above, and subject as otherwise provided herein, the RMCCL’s liability to the Client in respect of any breach of these terms and conditions or for negligence or otherwise shall not exceed the amount of the fees payable by the Client to the RMCCL in connection with the introduction of the relevant Role Model.

8.2.        Notwithstanding any other provision of these terms and conditions, nothing herein will restrict or limit the RMCCL’s liability for:

8.2.1.     Death or personal injury caused by the negligence of the RMCCL; or

8.2.2.     Fraud or fraudulent misrepresentation; or

8.2.3.     Any other matter for which it would be illegal or unlawful for the RMCCL to exclude or attempt to exclude the RMCCL’s liability.

8.3.        The Client shall indemnify the RMCCL against any claims, losses or liability made against or incurred by the RMCCL in connection with its proper carrying out of its obligations to the Client under the Agreement whether or not caused, directly or indirectly, by reason of the acts or omissions of the Client provided that, for the avoidance of doubt, the Client will not be liable to so indemnify the RMCCL if, and to the extent that, the claim, loss or liability arises as a result of the negligence of the RMCCL or breach of the terms of the Agreement by the RMCCL.

8.4.        The RMCCL accepts no liability for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, its property or its family, arising directly or indirectly from an act or omission by any Role Model introduced to the Client by the RMCCL.

  1. Termination

The Agreement shall continue until the Services have been provided as required in accordance with the Instructions or any subsequent date as mutually agreed in writing by both parties or until terminated at will by either party.

9.1.     The Client may terminate the Agreement if the RMCCL fails to comply with any aspect of these Conditions and this failure continues for a period of 6 weeks after notification of non-compliance is given.

9.2.     The RMCCL may terminate the Agreement if the Client has failed to make over any payment due within 3 weeks of the sum being requested (any such termination being without prejudice to the RMCCL’s claim for payments owed).

9.3.     Either party may terminate the Agreement by notice in writing to the other if:

9.3.1.  The other party commits a material breach of these Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so;

9.3.2.   The other party commits a material breach of these Conditions which cannot be remedied under any circumstances.

9.4.     In the event of termination the Client must reimburse the RMCCL for any expenses incurred, as notified to the Client by the RMCCL, up to the date of termination and shall not be entitled to any refund of the RMCCL Fee already paid and any RMCCL Fee due at the date of termination and interest thereon and all other sums due to the RMCCL will immediately become payable in full.

9.5.     Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

  1. Confidentiality

10.1.  All information provided by either party to the other, including but not limited to any personal details relating to the Role Model or the Client, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the Role Model, as the case may be.

10.2.  RMCCL shall process all personal data relating to the Client and the Client’s child and other individuals in accordance with the Data Protection Act 1998.

10.3.  The Client hereby consents to the processing of any personal data (including Sensitive Data as defined in the Data Protection Act 1998) relating to the Client’s child for the purposes required for the performance of a Session. In particular, but without limitation, the Client consents to the processing (including gathering, storing and use) by RMCCL of medical details relating to the Child for the purposes of protecting the health and safety of the child at any Session.

10.4.  RMCCL will take appropriate measures to prevent the unauthorised use or processing, or the loss or destruction of, any personal data that the Client provides. RMCCL may use personal data which the Client provides or which RMCCL holds about the Client or Client’s child or children for the purposes of provision of a Session and to keep the Client informed about other services and products provided by us and selected third parties (but RMCCL will not disclose personal data about the Client or Client’s child to any third party except as necessary for the provision of the Session or to comply with overriding statutory obligations).

  1. General         

11.1.  Neither party may assign transfer or in any way make over any of its rights or obligations to any third party without the written consent of the other party.

11.2.  Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing either by letter or email addressed to the other party at its registered office or principal place of business or such address as any at the relevant time has been previously notified to the party giving the notice.

11.3.  No failure or delay by either party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.4.  If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

11.5.  It is not intended that any of the terms of this Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to this Agreement, except by the Role Model in relation to Clause 4.6, 4.8, 4.9, 4.10 and 4.11.

11.6.  This Agreement and any non-contractual obligations arising in connection with it are governed by and construed in accordance with English law.

11.7.  The English courts have exclusive jurisdiction to determine any dispute arising in connection with this Agreement, including disputes relating to any non-contractual obligations.