1. DEFINITIONS:

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

- "Client" shall be any person, parent, family member, or third party appointed by such person, who needs to hire domestic service staff specializing in Childcare or similar.

- "Candidate" shall be any person, nanny, manny, governess, governor, maternity nurse, tutor, who is a childcare specialist, or similar, available to work and be hired.

- "Agency" shall be THE GOOD CHILDCARE with the following address: Office Madrid - Working Spaces (Cuzco). Av. del Brasil, 29-1st. floor. 28020, Madrid, Spain. The sole legal representative is Ursula Yustres Cereijo, with Spanish National Identity Document (DNI): 01937389F.

THE GOOD CHILDCARE Agency acts as an intermediary service that searches for, selects, and presents the appropriate Candidate to work for the Client.

2. REGISTRATION:

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

2.2. When Candidate and Client contact the Agency by oher ways they will need to sign these documents (Terms & Conditions and the Privacy Policy) and return them to the Agency, before they are accepted. 

3. CLIENT:

3.1. The Client must provide a copy of his/her passport, or I.D. or N.I.E. as proof of identification. And confirm his/her personal address before the Agency starts the process of finding Candidates. 

3.2. The Client must pay the correspondent fee to start the process of the search of potential Candidate. The search fee will be 60€ (+ VAT) when the Client lives in Spain and a fee of 100€ (+ VAT) when the Client lives outside Spain or is a Foreign Client in Spain. 

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

3.4. The Client agrees not to disclose the following information to prospective Candidate 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.

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. In case that the job will be taken place in a city or country other than the one in which the Candidate resides, the Client must pay the full placement fee before the Candidate travels from her/his place of residence.

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

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 licence before commencing employment. 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 labour 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 net salary directly to the Candidate either in cash or bank transfer. In the case of the Client is based in Spain, 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 of the employment.  

3.9. The Client is solely responsible for ensuring that the Candidate is eligible to work in the 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, visa, 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 if the nature of employment of the Candidate changes during the first six months from the commencement. The Client accepts to pay an additional placement fee when 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.

3.12. 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.

3.13. The Client accepts to have read and agreed with the Terms and Conditions on this document.

4. CANDIDATE:

4.1. The Candidate understands that the Agency is a recruitment and matching service only, that introduces and provides its 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 provide a valid identity document such as a passport, national identity card (DNI in Spain), or foreign resident card (NIE in Spain), along with a work permit, as well as full details of their relevant qualifications, education, and previous employment history. They must also provide Criminal Record Certificate, First Aid Certificate, and contactable references upon request from the Agency. Any documents or certificates provided by the Candidate will be the Candidate's responsibility and at their own expense.

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 personal or contact information to any third parties, or disclose it to prospective Clients on our website without Candidate´s approval, as per our Privacy Policy.

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 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. 

4.7. The Candidate accepts that 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. The Candidate is under no legal obligation to work for a particular Client, and may request to be placed in another job position at their discretion. 

4.8. The Candidate must be willing to sign a confidentiality agreement with her employer, the Client, if required by the Client, before starting employment.

4.9. 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. Failure to do so will result in the direct termination of the agreement with the Candidate, losing the right to be selected again for future job offers from the Agency.

4.10. The Candidate agrees the Agency has the right to terminate this agreement between both parties at any time, for any reason, including, but not limited to, unprofessional conduct, misrepresentation of the Agency's image and name, tardiness, failure to appear for work, drug or alcohol abuse, or a previous or current criminal record.

4.11. The Candidate accepts the Agency shall not be liable to the Candidate, or to any other person, including, but not limited to the Candidate’s family, partner 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 document embodies the entire agreement of the parties except as expressly set out in this document. 

4.12. The Candidate releases 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. 

4.13. The Candidate agrees not to introduce or put the Client in contact with any third parties, maintaining the Client's personal and contact information strictly confidential and respecting the Client's privacy.

4.14. The Candidate may not work for other Clients using the name and reputation of THE GOOD CHILDCARE or the Agency.

4.15. The Candidate accepts to have read and agreed with the Terms and Conditions on this document.

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 who wish to establish an employment relationship related to Childcare in domestic service.

5.2. The Agency does not employ any Candidate directly or indirectly. Candidate is introduced to Client 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 for permanent roles). Candidate shall be under the supervision and direction of the Client.

5.3. The Agency endeavors to establish the suitability of any Candidate for presentation to the Client by verifying the required work permit, qualifications and certificates, and by obtaining a minimum of two references from each Candidate. However, the Client retains full responsibility for determining a Candidate's suitability for the contract.

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

5.5. The Agency assumes no responsibility for the employment contract, the Client's and candidate's profiles, or any related matters that must be settled between the Client and the candidate. The Agency provides only a sample employment contract template for the Client and the Candidate to use. In exceptional cases, when employment takes place in Spain, the Agency may also provide an employment contract and arrange for it to be signed by both parties.

5.6. The Agency shall not be liable under any circumstances and excludes liability for any loss, damage, delay, inconvenience, trouble, death, injury or accident incurred or suffered by the Client, the Client's family, the Client's staff or employees caused directly or indirectly during the employment or presentation of the Candidate in the interview, allegedly arising from the acts or character of the Candidate presented by the Agency, or, to the extent permitted by law, with respect to the services provided by the Agency, even if such act or omission is negligent, fraudulent or reveals any dishonesty.

5.7. The Agency shall not be liable to the Candidate, or to any other person, including, but not limited to the Candidate’s family, partner 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. As mentioned on the section 4.11.

5.8. The Agency reserves the right to add, delete, or modify the above Terms and Conditions without prior notification However all changes will be posted on the 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 registration and placement fees quoted below are exclusive of VAT. 21% will be added to all invoices.

6.2. The Agency fees are non-refundable. 

6.3. There is a Registration Fee of 60€ (+ VAT) for Clients based in Spain. Registration fee of 100€ (+ VAT) applies to Foreign Clients looking to hire a Candidate in Spain, and to Clients living outside Spain.

6.4. The Agency fee for the placement of a full-time or part-time permanent Nanny/Manny, Governess/Governor, Tutor, Maternity nurse is equivalent to the net month salary payable to the Candidate in Spain (+ VAT). The Placement fee outside Spain is equivalent to a 10% of the gross annual salary payable to the Candidate (+ VAT). 

6.5. The Agency fee for the placement of a full-time or part-time temporary Nanny/Manny, Governess/Governor, Tutor, Maternity nurse is equivalent to:

6.5.1. For periods of less than 3 days the fee will be 10€ (+ VAT) per hour worked by the Candidate.

6.5.2. For periods of less than 30 days, the fee is 30€ (+ VAT) per day worked by the Candidate, with a workday of up to 8 hours. For jobs outside of Spain or for Client not resident in Spain, the Agency fee will be 50€ (+ VAT) per day worked by the Candidate, with a workday of up to 8 hours.

6.5.3. For temporary periods of more than 30 days and less than 12 months, the placement fee is 10% of the Candidate's salary received during the entire employment period (+ VAT).

6.6. All invoices will be paid within 7 days from the invoice date and before the Candidate begins work for the Client.

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

7. ADDITIONAL CHARGES:

7.1.  A surcharge of 10% will be added to all fees not settled after 7 days of the invoice date. 

7.2. 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 3.12. of these Terms and conditions. 

7.3. Cancellation of booking:

7.3.1. 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.

7.3.2. 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 placement fee will be refunded to the Client.

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

8. TERMINATION OF EMPLOYMENT & REPLACEMENTS:

8.1. 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.

8.2. The Agency will offer a replacement Candidate free of charge in case of the Candidate leaves the employment within 90 days from commencing such employment. The Client is eligible to two 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.

8.3. The Agency will offer a replacement Candidate free of charge in case of the Client fires a Candidate within 90 days from commencing such employment. The Agency will offer replacements only if the following conditions have been satisfied:

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

8.3.2. 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.

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

8.3.4. 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. 

8.3.5. The reason for firing a Candidate is in lines with the employment contract, such as serious misconduct, constant illness etc.

8.3.6. The Client has paid all expenses prior to the commencement of employment – such as flights, taxis, shuttles etc, any relevant work permits, visa, immigration requirements, health and travel insurance.

8.3.7. 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).

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

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

8.3.10. Once the Client has notified 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.

8.4. If either Candidate or Client decides to terminate the employment contract and leaves after 90 days of employment, the Agency will guarantee a 25% discount to find a new Candidate if the Client wishes to continue the search with the Agency.

9. REFUND POLICY:

9.1. The Client is entitled to request a refund for any charges billed to them, as indicated on their respective invoice.

9.2. Refund requests must be submitted in writing via email to the following address: info@thegoodchilcare.com

9.3. The Client 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.

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

10. 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.

11. 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.