Version 1.8. Date 12-12-2022 – See changes history at the bottom of the page
Terms and Conditions
1. DEFINITIONS
1.1. In these Terms, the following definitions apply:
Agency
Nomenial is a brand of Auxistencia Ltd (registered company no. 12812455). The trading office of Auxistencia Ltd is situated at 86-90 Paul Street, London, EC2A 4NE;
Client
Refers to the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to which the Candidate is introduced;
Candidate
Refers to the person Introduced by the Agency to the Client for an Engagement, including any officer, employee or other representative of the Candidate if the Candidate is a corporate body and members of the Agency’s own staff;
Active Job Seeker
Refers to an individual actively pursuing employment opportunities, submitting job applications, attending interviews, or otherwise engaged in efforts to secure employment. This definition includes individuals who are not currently employed or those seeking a change in their current employment status, such as a new position or career advancement. Who expect feedback within 48 hours of any application or interview to ensure the job seeker remains engaged, and informed, fostering a positive interaction regardless of the outcome.
Engagement
Refers to the engagement (including the Candidate’s acceptance of the Client’s offer), employment, or use of the Candidate by the Client or by any third party to whom the Candidate has been introduced by the Client on a permanent or temporary basis, whether under a contract of service or for services; under an agency, license, franchise or partnership agreement; or any other engagement; or through a limited company of which the Candidate is an officer, employee or other representatives; and “Engage,” “Engages” and “Engaged” shall be construed accordingly;
Needs Assessment
Refers to a fundamental step in determining specific requirements. The Client must provide comprehensive details, including job specifications, qualifications, unique criteria, preferences, and recruitment expectations.
The Needs Assessment streamlines recruitment, saving time and resources while ensuring effective candidate matching.
A deficient Needs Assessment may result in recruitment mismatches, inefficiencies, and process disruptions.
Replacement Candidate
Refers to any Candidate Introduced by the Agency to the Client to fill the Engagement following the Introduction of another Candidate whose Engagement either did not commence or was terminated during the first 12 calendar months of the Engagement;
Remuneration
Includes gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car, and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client or any third party. Where the Client provides a company car, a notional amount will be added to the salary in order to calculate the Agency’s fee;
Introduction
Refers to (i) the passing to the Client of a curriculum vitæ or information which identifies the Candidate or (ii) the Client’s interview of a Candidate (in person, by telephone, or by any other means), following the Client’s instruction to the Agency to search for a Candidate; and, in either case, which leads to an Engagement of the Candidate; and “Introduces” and “Introduced” shall be construed accordingly;
Trial shifts
Refers to a paid work shift that the candidate undertakes to enable the client to assess their suitability for the position. Trial shifts are always paid at the same hourly rate agreed as the employee’s remuneration.
· Each candidate may be subjected to only one trial shift.
· During the trial shifts, the client shall supervise the activities of the candidate at all times.
· The purpose of a trial shift must always be the evaluation of the candidate’s capabilities during his or her performance and not the completion of a task.
Introduction Fee
This means the fee payable by the Client to the Agency for an Introduction resulting in an Engagement;
Data Protection Laws
Means the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679) or any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data;
Losses
Means all losses, liabilities, damages, costs, expenses, fines, penalties, or interest, whether direct, indirect, special, or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time, and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims, and demands;
Vulnerable Person
Means any person who, by reason of age, infirmity, illness, disability, or any other circumstance, is in need of care or attention and includes any person under the age of eighteen.
2. CONTRACT
2.1. The terms of business outlined here (“the Terms”) consist of the contract between the Client and the Agent for the Introduction 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.
These Terms contain the entire agreement between the parties, and unless otherwise agreed in writing by a director of the Agency, these Terms prevail over any other terms of business or purchase conditions (or similar) put forward by the Client.
2.2. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a director of the Agency 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.
2.3. The Agency 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.
2.4. The agency may, at the client’s request, and only if it deems it appropriate, hire the domestic worker directly to provide the service to the client.
SERVICE OPTIONS EXPLAINED
DIRECT EMPLOYMENT MODEL – OPTION 1:
2.5 Candidate Recruitment and Selection
Candidate Provision:
Upon receipt of the Client’s comprehensive written needs assessment, the Agency commits to sourcing and presenting a minimum of two (2) viable candidates that align with the specified criteria.
Candidate Finalization:
The Agency will evaluate, select, and recommend the most fitting candidate based on the Client’s articulated requirements.
Employment Options and Responsibilities
Option 1 – Direct Employment by Client:
Should the Client opt for this arrangement, and the position requires a commitment of fifteen (10) hours per week or more, the Client will be availing the Agency’s *premium selection service.
Employer Obligations:
Under Option 1, the Client shall assume all legal and financial responsibilities pertinent to the role of an employer. This encompasses but is not limited to, the management and payment of payroll, pension contributions, national insurance, and any other related statutory obligations.
AGENCY EMPLOYMENT MODEL – OPTION 2
2.6. Option 2 – Agency-Employment Structure
Engagement Structure:
Under Option 2, the agency shall act as the direct employer of the recruited individual intended to perform duties for the Client.
Service Availability:
This employment model is made available for engagements requiring a minimum of *Ten (10) hours per week and is designed as a comprehensive solution for the procurement of domestic personnel (10hrs + 6-month commitment)
Client’s Role:
Upon completion and submission of a detailed needs assessment by the Client, the Agency commits to sourcing an appropriate nominal employee in alignment with the stipulated requirements. It should be noted that, in this option, the main focus is the placement rather than recruitment.
2.7. Trial and Employment:
A proposed nomenial employee, having undergone a rigorous vetting process as per the provided needs assessment, will be introduced for a paid trial shift. Subsequent to a successful trial, the candidate will be formally employed by the agency to serve the Client.
Acknowledgment of Role-Specific Engagement
2.8. Although the Agency is flexible, the Client acknowledges and confirms that the Candidate is explicitly engaged to perform the tasks and responsibilities associated with the designated role as described in the job description provided by the Agency.
2.8.1. Role Limitation: The Client understands that at no point should the Candidate be expected or asked to perform tasks that fall outside the purview of the stated role. Engaging the Candidate in tasks beyond the specified role can lead to violations of this agreement.
2.8.2 Any deviation from the provided job description or any addition to the responsibilities of the Candidate would require a formal amendment to the initial agreement and potentially a reevaluation of the terms of engagement, including remuneration.
2.8.3. The Client commits to uphold the boundaries of the designated role and to engage with the Candidate in a manner that respects the terms set out by the Agency.
2.8.4. By signing this agreement, the Client confirms their understanding of the role-specific nature of the Candidate’s engagement and agrees not to deviate from the outlined responsibilities without proper consultation and amendment of this agreement.
GEOGRAPHICAL LIMITATIONS AND EXCLUSIVITY PERIOD
2.9. Exclusivity Period for Option One and Two:
For clients choosing our Option One service, we request an initial exclusivity period of three (3) weeks from the commencement of our recruitment efforts on his behalf.
2.9.1. Geographical Considerations:
While the Agency strives to provide a broad range of candidates across various regions, the client should be advised that outside of large urban areas and within rural regions, the availability of candidates may be limited. Consequently, in such areas, we cannot guarantee the presentation of two (2) candidates for interview during the initial exclusivity period for Option One.
Candidates will be sent sequentially, meaning that the next profile will not be sent until the previous candidate has been rejected. To enhance the recruitment process, the client agrees to provide constructive feedback after each rejection. This feedback will be utilised to enhance the search.
2.9.2. Adjusted Expectations:
Clients located outside large urban areas or in rural regions should adjust expectations regarding the volume of candidates presented. The agency will always present a minimum of one suitable candidate based on the provided job specification and client preferences.
GEOGRAPHICAL LIMITATIONS AND REPLACEMENT AVAILABILITY
2.10. Position Hours Consideration:
For positions requiring less than fifteen (15) hours per week:
2.10.1. Geographical Constraints:
Clients situated outside of major urban centres or within rural territories may experience a delay in securing immediate replacements for their vacancies. (4 weeks aprox.).
2.10.2 Limited Guarantee:
Due to the inherent challenges in sourcing candidates for part-time roles in less densely populated areas, the agency cannot guarantee immediate replacements for positions requiring fewer than fifteen (15) hours per week in these geographical regions.
2.10.3. Commitment to Service:
Notwithstanding the aforementioned constraints, the agency is devoted to upholding its standards of quality and service, endeavouring to facilitate timely replacements wherever feasible.
3. NOTIFICATION AND FEES
3.1. The Client agrees to:
3.1.1. Inform the Agency before the terms of any offer of an Engagement that it makes to the Candidate;
3.1.2. Inform the Agency before the offer of an Engagement to the Candidate has been accepted and provide details to the Agency of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Agency; and
3.1.3. Pay the Introduction Fee, which is calculated in accordance with the provisions of Section 3, by the due date for payment outlined in clause 3.8.
Upon engagement of our services, the Client grants the agency an exclusive three-week period, commencing from the date of this agreement, to undertake the recruitment process for the domestic worker position.
During this three-week exclusivity period, the Client agrees not to engage, either directly or indirectly, with any other recruitment agencies, entities, or independent candidates for the same recruitment objective.
This exclusivity allows the agency to provide a dedicated and focused search, ensuring the identification and presentation of the most suitable candidates for the Client’s needs. Any deviations from this exclusivity agreement within the specified time frame may lead to the cessation of our recruitment services and could render the Client liable for any administrative and operational costs already incurred by the agency in relation to the recruitment process.
3.1.4. The client commits to:
– An exclusivity period of 3 weeks from the approval of the terms and conditions for the selection process to be done.
This exclusivity period will be automatically renewed if the client does not state otherwise in writing the company will continue the recruiting process until fulfilling its commitment to find a suitable candidate.
If the client decides to change the candidate selection criteria during the recruitment process, the exclusivity period will be automatically reinstated. The company reserves the right to request a deposit for expenses incurred for press insertions and services rendered to date.
Once the client has deemed a candidate suitable for the position, should the client alter the working conditions initially offered during the selection process, the agency will claim the recruitment fee in full regardless of whether or not the candidate accepts the new conditions and will not provide a candidate replacement as long as the working conditions are not deemed suitable by the agency.
– To reply to the company when an applicant profile has been submitted within a period not exceeding 48 hours.
In case of candidate rejection, the customer will provide the company with the necessary indications to redirect the selection in the right direction.
In cases where the client does not provide such feedback to the submitted profile within 2 working days, the company reserves the right to apply a surcharge of 10% overall on the selection process for each candidate lost due to this lack of feedback since the agency cannot guarantee applicants availability indefinitely it is our policy to provide active job seekers feedback within 2 working days.
Persistent failure to provide feedback in the agreed period of 2 working days will result in a breach of these terms and the demand of the applied surcharges in advance.
Client Availability for Trial Shift
Trial Shift Commitment:
Upon the Agency’s introduction of a suitable candidate, the Client agrees to make themselves available to conduct a trial shift for said candidate.
Timing of Availability:
The Client shall commit to facilitating the trial shift within a span of seventy-two (72) hours from the time of the Agency’s notification regarding the availability of a suitable candidate.
Failure to Comply:
Should the Client fail to uphold their commitment to facilitate the trial shift within the specified timeframe, any stipulations, guarantees, or warranties outlined in this agreement pertaining to the candidate placement may be rendered void by the Agency. Consequently, the Agency may then kindly request reimbursement for any associated expenses incurred.
3.1.5. To pay 50% of the recruitment cost if, after having explicitly accepted the terms and conditions and given consent in writing to go ahead with the selection, withdraws from the process before the 3 weeks active waiting period at point 3.1.4 has elapsed.
3.2. The Introduction Fee calculated in accordance with clause 4.3 below is payable if the Client Engages the Candidate within the period of six (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).
3.3. The Introduction Fee is the amount equal to a % of the Remuneration applicable during the first 12 months of the Engagement; our recruitment fees are based on the employee’s weekly working hours.
Should an employee work:
10 to 20 hours a week: The fee is 18% of the employee’s annual salary.
21 to 29 hours a week: The fee is 15% of the employee’s annual salary.
30 hours or more a week: The fee is 12% of the employee’s annual salary.
When the selection service is performed for a temporary position (less than 12 months), NO proportional reduction Will be applied – The minimum possible recruitment cost will always be capped at £1,500.
Exceptional circumstances may lead to different arrangements: a written proposal will be sent to those with different needs by the company director or secretary.
This tailor-made proposal will prevail over the Terms and Conditions.
3.4. Please note that the minimum fee charged by the Agency will be the one stated on the customized quote sent by email.
*3.4.1. For those who choose option 2, the introductory fee is replaced by a 6-month service permanence. In the event of withdrawal before the end of this period, the customer is obliged to pay the equivalent of a selection process under option 1.
For option 2, the customer must pay in advance for the services, which will be provided at home, in monthly payments.
3.4.2. Nomenial service does not charge any fee for the recruitment process or deposit before starting the search for employees.
3.5. Where the actual Remuneration is not known, the Agency will charge an Introduction Fee calculated in accordance with clause 3.3 based on its determination of the Remuneration, taking into account the market rate level of remuneration applicable for the position in which the Candidate has been Engaged and with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally.
3.6. Fees for Short-Term and Extended Engagements
3.6.1. Fees for Initial Short-Term Hires:
If the Agency and Client agree to hire a Candidate for less than 6 months before the job starts, the Introduction Fee remains the same as if the hire was for a full 6-month period.
3.6.2. Extension or Rehiring Conditions:
If the Client:
(a) Decides to keep the Candidate beyond the agreed initially short-term duration in both options 1 & 2 or
(b) Hires the Candidate again within six (6) months after the end of the initial term,
The Client will owe an additional Introduction Fee. This extra fee is based on the Candidate’s pay for:
(a) The extra time added to the original term, or
(b) The duration of the rehiring and any subsequent times the Candidate is hired again.
3.6.3. Maximum Fee Limit:
Regardless of the situation, the total Introduction Fees paid by the Client will not exceed what would have been due if the Candidate was hired for a full 6 months from the start, as per clause 3.3.
3.7. The Client’s obligations under Section 3 shall be performed without any right of the Client to invoke set-off, deductions, withholdings, or other similar rights.
3.8. The Introduction Fee will be payable within 48 hours of the date of the Agency’s invoice but always before the candidate starts working on the position.
* The invoice shall be rendered once the Candidate has been selected.
3.9. The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
3.9.1. Where the Client is a person and not subject to the Late Payment of Commercial Debts (Interest) Act 1998, interest will be charged on invoiced amounts unpaid by the due date at the rate of 8% per annum from the due date until the date of payment.
3.10. In the event the Agency provides one suitable Replacement Candidate, where the Remuneration is higher than the original Candidate, the Introduction Fee will be equal to the Remuneration of the Replacement Candidate.
3.11. In cases where point 2.4 applies, the customer accepts, unless expressly agreed otherwise, a commitment to a 6-month permanence. If such permanence is not respected, the client shall pay the agency any difference in price that has occurred compared to the cost of a conventional introduction fee as per point 3.3.
Travel Expenses for Commuters Outside Urban Areas and Rural Regions
3.12. Applicability:
This clause pertains to services rendered outside the confines of major urban areas, where the personnel is required to commute long distances to the designated location of service.
Expense Coverage:
In scenarios where the personnel has to travel beyond large urban centers to render services, additional travel expenses, not limited to but including fuel costs, shall be incurred £0.45 per mile is usually applied.
Quotation Amendment:
The initial quotation provided to the Client will not encompass these supplementary travel expenses. Such expenses will be calculated and invoiced separately in addition to the initial quoted amount.
REPLACEMENTS and REFUNDS
**4.1. In the event that an offer is made and accepted, and the Engagement:
(a) does not commence due to the Candidate withdrawing their acceptance, or
(b) is terminated by the Candidate (excluding instances where the Candidate is made redundant) within the first six calendar months from the date of commencement of the Engagement, the Agency will endeavor to provide a Replacement Candidate in option 2.
For clients opting for Option 1 service, the Agency commits to offering replacements for a period of 12 months, with the possibility of up to 6 candidates during that time. *see clause
4.2. Eligibility for Replacement Candidates:
4.2.1. To be eligible for a Replacement Candidate, the Client must adhere to the conditions outlined in clause 3.1 and notify the Agency in writing about the termination or non-commencement of the Engagement within seven (7) days of its conclusion or non-commencement.
4.2.2. The Client must demonstrate, to the Agency’s satisfaction, that there have been no significant changes to the job description that led to the Candidate’s termination of the Engagement.
Upon notice of non-commencement or termination, the Client must provide the Agency with a four-week window to identify suitable Replacements based on the original job specification. *see clause…
The end of the Engagement is considered to be the date when the Candidate stops working for the Client or would have stopped working, taking into account any period of garden leave or payment in lieu of notice, whichever occurs later.
In situations where clauses 3.6 or similar provisions are applicable, the full Introduction Fee remains payable. No refunds or reductions will be granted for this fee.
All fees paid to the Agency are typically NON-REFUNDABLE. In the event of a Candidate’s re-engagement within six (6) calendar months from the date of termination, the Client may remain liable for any agreed fees, subject to mutual agreement between the parties regarding refunds or credits.**
REIMBURSEMENT OF CLIENT-INCURRED COSTS
4.3. The Client recognizes that the Agency primarily operates under a success-based fee structure, where charges are typically contingent upon the successful placement of a candidate. However, in situations where the Client opts to dismiss candidates during the recruitment process without justifiable cause, the Agency reserves the right to request reimbursement for costs directly linked to the recruitment process.
4.3.1. The determination of “justifiable cause” for the dismissal of a candidate will be made in accordance with the Consumer Rights Act 2015 and related regulations. Factors considered will be those mentioned by the client in the needs assessment, including the candidate’s qualifications, skills, and suitability for the position.
4.3.2. The Agency will provide a comprehensive breakdown of any costs incurred during the recruitment process and will request reimbursement from the Client promptly and in compliance with the Consumer Rights Act 2015.
4.3.3. The Client commits to conscientiously reviewing and evaluating candidates presented by the Agency, and in cases where candidate dismissal is necessary, the Client agrees to furnish clear and substantiated reasons for such decisions.
4.3.4. Non-compliance with the reimbursement of costs, as described in this clause, may lead to additional charges or interest fees, as detailed in the Late Payment section of this agreement, in accordance with the Consumer Rights Act 2015. *see clause 3.9
5. INTRODUCTIONS TO THIRD PARTIES
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 six months of the Agency’s Introduction of the Candidate to the Client, then the Client will be liable to the Agency for payment of an Introduction Fee calculated in accordance with clause 3.3. Neither the Client nor the third party shall be entitled to a refund of the Introduction Fee under clause 4 in any circumstances.
6. SUITABILITY CHECKS
6.1. The Agency 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:
6.1.1. Ensure that it would not be detrimental to the interests of either the Client or the Candidate;
6.1.2. Ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body;
6.1.3. Confirm that the Candidate is willing to work in the position; and
6.1.4. Obtain confirmation of the Candidate’s identity; and that the Candidate has the experience, training, qualifications and any authorization which the Client considers necessary, or which may be required by law or by any professional body.
6.2. Notwithstanding clause 6.1 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:
6.2.1. Taking up any references provided by the Candidate before Engaging the Candidate;
6.2.2. 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;
6.2.3. The arrangement of medical examinations and/or investigations into the medical history of any Candidate; and
6.2.4. Satisfying any medical and other requirements, qualifications or permission required for the Candidate to work in the Engagement.
6.3. To enable the Agency to comply with its obligations under clause 6.1, the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the following:
6.3.1. The type of work that the Candidate will perform in the role;
6.3.2. The hours and locations of work;
6.3.3. The qualification, training and experience and any authorization 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;
6.3.4. Any risks to health or safety known to the Client and what steps the Client has taken to prevent or control
Such risks.
6.3.5. The date that the Candidate is required by the Client to commence the Engagement.
6.3.6. The duration or probable duration of the Engagement.
6.3.7. The minimum rate of Remuneration, expenses and any other benefits that would be offered.
6.3.8. The intervals of payment of Remuneration; and
6.3.9. The length of notice that the Candidate would be entitled to give and receive to terminate their employment with the Client.
6.4. Where the Candidate is Introduced for a position which involves working with, caring for or attending a Vulnerable Person the Agency shall, in addition to the obligations in clause 5, take reasonably practicable steps to:
6.4.1. Receive confirmation of the Candidate’s identity.
6.4.2. Receive confirmation that the Candidate has the experience, training, qualifications and any authorization which the Client considers necessary, or which may be required by law or by any professional body; and
6.4.3. Receive 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 authorizations of the Candidate. If the Agency 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.
7. INFORMATION TO BE PROVIDED
7.1. When the Agency Introduces a Candidate to the Client in the case of a position which involves working with Vulnerable Persons, then the Agency shall inform the Client that they have obtained confirmation of the matters set out in clause 6.4 and the parts therein. 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 five business days and such information has already been given to the Client.
8. CONFIDENTIALITY AND DATA PROTECTION
All information relating to a Candidate is confidential and subject to the Data Protection Laws 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 Data Protection Laws in receiving and processing the data at all times. In addition, information relating to the Agency’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.
9. LIABILITY
9.1 The Agency 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 Agency 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 Agency to introduce any Candidate.
9.2 The Agency 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.
9.3 The Client shall indemnify and keep indemnified the Agency against any Losses incurred by the Agency arising out of any non-compliance with the Data Protection Laws, and/or as a result of any breach of, these Terms by the Client.
10. NOTICES
All notices which are required to be given in accordance with these Terms 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.
11. SEVERABILITY
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.
12. GOVERNING LAW AND JURISDICTION
These Terms are subject to the exclusive jurisdiction of the Courts of England & Wales and are governed by the law of England & Wales.
CHANGES HISTORY
- 02-23-2022 – Changes introduced at point 3.1.4:
The following text:
– An active waiting period of 3 weeks from the approval of the terms and conditions for the selection process to be done.
This waiting period will be automatically renewed if the client does not state otherwise and the company will continue the recruiting process until fulfilling its commitment to find a suitable candidate.
Is replaced with:
– An exclusivity period of 3 weeks from the approval of the terms and conditions for the selection process to be done.
This exclusivity period will be automatically renewed if the client does not state otherwise and the company will continue the recruiting process until fulfilling its commitment to find a suitable candidate. If the client decides to change the candidate selection criteria during the recruitment process, the exclusivity period will be automatically reinstated. The company reserves the right to request a deposit for expenses incurred for press insertions and services rendered to date. - 19-05-2022 08:18 am – Introduction of point 2.4:
The agency may, at the client’s request, and if it deems it appropriate, hire the domestic worker directly to provide the service to the client. - 19-05-2022 08:18 am – Introduction of point 3.11:
In cases where point 2.4 applies, the customer accepts, unless expressly agreed otherwise, a commitment to a 6-month permanence. If such permanence is not respected, the client shall pay the agency any difference in price that has occurred compared to the cost of a conventional introduction fee as per point 3.3. - 19-05-2022 08:18 am – Changes introduced at point 3.1.4:
The following text:
If, after an offer has been made and accepted, the Engagement (a) does not commence because the Candidate withdraws their acceptance; or (b) once it has commenced, is terminated by either the Candidate or the Client (except in circumstances where the Candidate is made redundant) before the expiry of the first two calendar months from the date of commencement of the Engagement; then subject to the terms of clause 4.2:
The Agency will refund the Introduction Fee or one Replacement Candidate will be provided without further charge subject to availability.
Is replaced with:
If, after an offer has been made and accepted, the Engagement (a) does not commence because the Candidate withdraws their acceptance; or (b) once it has commenced, is terminated by the Candidate (except in circumstances where the Candidate is made redundant) before the expiry of the first two calendar months from the date of commencement of the Engagement; then subject to the terms of clause 4.2:
The Agency will provide one Replacement Candidate without further charge subject to availability. - 05-06-2022 04:44 pm – Changes introduced at point 3.1.4:
The following text:
In cases where the client does not provide such feedback to the submitted profile within 48 hours
Is replaced with:
In cases where the client does not provide such feedback to the submitted profile within 2 working days - 11-07-2022 04:58 pm – Changes introduced at point 4.1:
Following text has been added:
For those clients choosing Option 1 service, the Agency commits to a period of 12 months replacement of up to 6 candidates. - 23-07-2022 01:56 pm – Changes introduced at point 3.8:
Following text has been added:
but always before the candidate starts working on the position
Point 3.5 added:
For those who choose option 2, the introductory fee is replaced by a 6-month service permanence. In the event of withdrawal before the end of this period, the customer is obliged to pay the equivalent of a selection process under option 1. - 12-12-2022 10:18 am – Trial shift added to definitions.
- 12-12-2022 10:21 am – Text added at point 3.1.4:
Once the client has deemed a candidate suitable for the position, should the client alter the working conditions initially offered during the selection process, the agency will claim the recruitment fee in full regardless of whether or not the candidate accepts the new conditions and will not provide a candidate replacement as long as the working conditions are not deemed suitable by the agency. - 12-12-2022 11:44 am – Text changed at point 3.3:
The following text:- Up to £40,000 15%£40,001 and above 18%
- 20 hours a week or less – 20%
- 21 to 29 hours a week – 18%
- 30 to 40 or more hours a week – 15%
- 12-12-2022 12:03 pm – Text changed at point 3.3:
The following text:
When the selection service is perfomed for a temporary position (less than 12 months) a 50% reduction will be applied – except in cases where the application of a 50% reduction in the recruitment cost would lead to said cost being less that £500. The minimum possible recruitment cost will be always capped £at 500.
Has been replaced with:
When the selection service is performed for a temporary position (less than 12 months) a proportional reduction will be applied – The minimum possible recruitment cost will be always capped at £1,500.
Special circumstances may lead to different arrangements: a written proposal will be sent to those with different needs by company director or secretary.
This tailor made proposal will prevail over the Terms and Conditions. - 14-09-2023 2:19 pm – Points 1 to 4 fully amended
Previous 1 to 4 points:
1. DEFINITIONS
1.1. In these Terms, the following definitions apply:
Agency
Nomenial is a brand of Auxistencia Ltd (registered company no. 12812455). The trading office of Auxistencia Ltd is situated at 86-90 Paul Street, London, EC2A 4NE;
Client
Refers to the person, firm or corporate body together with any subsidiary or associated person, firm or corporate body (as the case may be) to which the Candidate is introduced;
Candidate
Refers to the person Introduced by the Agency to the Client for an Engagement including any officer, employee or other representative of the Candidate if the Candidate is a corporate body, and members of the Agency’s own staff;
Engagement
Refers to the engagement (including the Candidate’s acceptance of the Client’s offer), employment or use of the Candidate by the Client or by any third party to whom the Candidate has been introduced by the Client, on a permanent or temporary basis, whether under a contract of service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; or through a limited company of which the Candidate is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;
Replacement Candidate
Refers to any Candidate Introduced by the Agency to the Client to fill the Engagement following the Introduction of another Candidate whose Engagement either did not commence or was terminated during the first 12 calendar months of the Engagement;
Remuneration
Includes gross base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Candidate for services rendered to or on behalf of the Client or any third party. Where the Client provides a company car, a notional amount of will be added to the salary in order to calculate the Agency’s fee;
Introduction
Refers to (i) the passing to the Client of a curriculum vitæ or information which identifies the Candidate or (ii) the Client’s interview of a Candidate (in person, by telephone or by any other means), following the Client’s instruction to the Agency to search for a Candidate; and, in either case, which leads to an Engagement of the Candidate; and “Introduces” and “Introduced” shall be construed accordingly;
Trial shifts
Refers to a paid work shift that is undertaken by the candidate to enable the client to assess their suitability for the position. Trial shifts are always paid at the same hourly rate agreed as the employee’s remuneration.
- Each candidate may be subjected to only one trial shift.
- During the trial shifts, the client shall supervise the activities of the candidate at all times.
- The purpose of a trial shift must always be the evaluation of the candidate’s capabilities during his or her performance and not the completion of a task.
Introduction Fee
Means the fee payable by the Client to the Agency for an Introduction resulting in an Engagement;
Data Protection Laws
Means the Data Protection Act 2018, the General Data Protection Regulation (EU 2016/679) or any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data;
Losses
Means all losses, liabilities, damages, costs, expenses, fines, penalties or interest, whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands;
Vulnerable Person
Means any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention and includes any person under the age of eighteen.
2. CONTRACT
2.1. The terms of business outlined here (“the Terms”) consist of the contract between the Client and the Agent for the Introduction 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.
These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a director of the Agency, these Terms prevail over any other terms of business or purchase conditions (or similar) put forward by the Client.
2.2. No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a director of the Agency 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.
2.3. The Agency 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.
2.4. The agency may, at the client’s request, and only if it deems it appropriate, hire the domestic worker directly to provide the service to the client.
3. NOTIFICATION AND FEES
3.1. The Client agrees to:
3.1.1. Inform the Agency immediately of the terms of any offer of an Engagement that it makes to the Candidate;
3.1.2. Inform the Agency immediately that the offer of an Engagement to the Candidate has been accepted and to provide details to the Agency of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Agency; and
3.1.3. Pay the Introduction Fee, to be calculated in accordance with the provisions of Section 3, by the due date for payment outlined in clause 3.8.
3.1.4. To commit to:
– An exclusivity period of 3 weeks from the approval of the terms and conditions for the selection process to be done.
This exclusivity period will be automatically renewed if the client does not state otherwise and the company will continue the recruiting process until fulfilling its commitment to find a suitable candidate.
If the client decides to change the candidate selection criteria during the recruitment process, the exclusivity period will be automatically reinstated. The company reserves the right to request a deposit for expenses incurred for press insertions and services rendered to date.
Once the client has deemed a candidate suitable for the position, should the client alter the working conditions initially offered during the selection process, the agency will claim the recruitment fee in full regardless of whether or not the candidate accepts the new conditions and will not provide a candidate replacement as long as the working conditions are not deemed suitable by the agency.
– To reply to the company, when an applicant profile has been submitted, within a period not exceeding 48 hours.
In case of candidate rejection, the customer will provide the company with the necessary indications to redirect the selection in the right direction.
In cases where the client does not provide such feedback to the submitted profile within 2 working days, the company reserves the right to apply a surcharge of 10% overall on the selection process for each candidate lost due of this lack of feedback (we cannot guarantee applicants availability indefinitely so it is our policy to provide active job seekers feedback within 2 working days).
Persistent failure to provide feedback in the agreed period of 2 working days will result in the demand of the applied surcharges in advance.
3.1.5. To pay 50% of the recruitment cost if, after having explicitly accepted the terms and conditions and given consent in writing to go ahead with the selection, withdraws from the process before the 3 weeks active waiting period at point 3.1.4 have elapsed.
3.2. The Introduction Fee calculated in accordance with clause 4.3 below is payable if the Client Engages the Candidate within the period of six (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).
3.3. The Introduction Fee is the amount equal to a % of the Remuneration applicable during the first 12 months of the Engagement according to the below schedule:
Salary Introduction Fee
- 20 hours a week or less – 20%
- 21 to 29 hours a week – 18%
- 30 to 40 or more hours a week – 15%
When the selection service is performed for a temporary position (less than 12 months) a proportional reduction will be applied – The minimum possible recruitment cost will be always capped at £1,500.
Special circumstances may lead to different arrangements: a written proposal will be sent to those with different needs by company director or secretary.
This tailor made proposal will prevail over the Terms and Conditions.
3.4. Please note that the minimum fee charged by the Agency will be the one stated on the customized quote sent by email.
3.5 For those who choose option 2, the introductory fee is replaced by a 6-month service permanence. In the event of withdrawal before the end of this period, the customer is obliged to pay the equivalent of a selection process under option 1.
For option 2, the customer must pay in advance for the services, which will be provided at home, in monthly payments.
3.4.1. Nomenial service does not charge any fee for the recruitment process or deposit before starting the search for employees.
3.5. Where the actual Remuneration is not known, the Agency will charge an Introduction Fee calculated in accordance with clause 3.3 based on its determination of the Remuneration taking into account the market rate level of remuneration applicable for the position in which the Candidate has been Engaged and with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally.
3.6. Where prior to the commencement of the Engagement the Agency and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the Introduction Fee will apply pro rata. If the Client (a) extends the Engagement beyond the initial fixed term or (b) re-Engages the Candidate within six (6) calendar months from the date of termination of the agreed period of the fixed term Engagement, then the Client shall be liable to pay a further Introduction Fee based on the additional Remuneration applicable for (a) the extended period of Engagement or (b) the period of the second and any subsequent Engagement, subject to the Client not being liable to pay a greater sum in Introduction Fees than the Client would have been liable for under clause 3.3 had the Candidate first been Engaged for 12 months or more.
3.7. The Client’s obligations under Section 3 shall be performed without any right of the Client to invoke set-off, deductions, withholdings or other similar rights.
3.8. The Introduction Fee will be payable within 7 days of the date of the Agency’s invoice which shall be rendered once the Candidate has been selected but always before the candidate starts working on the position.
3.9. The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid by the due date at the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
3.9.1. Where the Client is a person and not subject to the Late Payment of Commercial Debts (Interest) Act 1998 interest will be charged on invoiced amounts unpaid by the due date at the rate of 8% per annum from the due date until the date of payment.
3.10. In the event the Agency provides one suitable Replacement Candidate, where the Remuneration is higher than the original Candidate, the Introduction Fee will be equal to the Remuneration of the Replacement Candidate.
3.11. In cases where point 2.4 applies, the customer accepts, unless expressly agreed otherwise, a commitment to a 6-month permanence. If such permanence is not respected, the client shall pay the agency any difference in price that has occurred compared to the cost of a conventional introduction fee as per point 3.3.
4. REFUNDS
4.1. If, after an offer has been made and accepted, the Engagement (a) does not commence because the Candidate withdraws their acceptance; or (b) once it has commenced, is terminated by the Candidate (except in circumstances where the Candidate is made redundant) before the expiry of the first two calendar months from the date of commencement of the Engagement; then subject to the terms of clause 4.2:
The Agency will provide one Replacement Candidate subject to availability.
For those clients choosing Option 1 service, the Agency commits to a period of 12 months replacement of up to 6 candidates.
4.2. In order to qualify for the refund, established in clause 4.1, then:
4.2.1. The Client must comply with the provisions of clause 3.1 and must notify the Agency in writing of the termination of the Engagement or the non-commencement of the Engagement within seven (7) days of its termination or non-commencement;
4.2.2. The Client must be able to demonstrate the Agency’s satisfaction that there have not been any significant changes to the job specification which have led to the Candidate terminating the Engagement; and
4.2.3. The Client must exclusively give the Agency four weeks from the date of the notice of non-commencement or 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 four (4) weeks from the date of the notice no suitable Replacement Candidate can be found, the Client will then be eligible for a refund, subject to the rest of clause 4.
4.3. 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.
4.4. In cases where clauses 3.5 and/or 3.6 are applicable, the full Introduction Fee is payable and there shall be no entitlement to a refund.
4.5. If subsequent to the Client receiving a refund the Candidate is re-Engaged within a period of six (6) calendar months from the date of termination then the refund shall be repaid to the Agency. The Client shall not be entitled to any further refunds in relation to the re-Engagement of this Candidate.
