Terms & Conditions

1.0 Purpose of Business

The business of Felicity Nannies & Signature Placements (thereafter: agency or FN&SP) is to introduce nannies, maternity nurses, housekeepers and teachers (thereafter: candidate) to customers (thereafter: client) for potential employment.

2.0 Scope of Business

These Terms and Conditions form a legally binding framework covering all services of the agency which it undertakes to facilitate a placement of a candidate with a client. Completion of the registration form by the client will be deemed as acceptance of the agency’s Terms and Conditions. Modified, added, or contradictory elements to these Terms and Conditions put forward by the client will not be accepted without an explicit, written consent by the agency.

3.0 Placements

The client engages the agency to find a suitable employee by filling in the Client Application Profile (Family Profile). The client is granted the right to contact the candidate before a contract is made. No warranty is offered by the suggestion of a candidate through the agency or the candidate themself. The agency does not accept any liability, especially not in relation to the suitability of the candidate. The final decision to employ a candidate is the sole responsibility of the client, as well as on which terms the employment is manifested.

3.1 Exclusivity of Introduction

If a candidate has been introduced to the client by Felicity Nannies & Signature Placements, the client agrees that any subsequent engagement, employment, or booking of that candidate must be arranged exclusively through Felicity Nannies & Signature Placements. Any direct or private arrangement between the client and a candidate introduced by the agency, without the agency’s involvement, constitutes a breach of these Terms and Conditions and will result in the full placement fee being payable to the agency.

3.2 Ad-hoc and Short-Term Engagements

If a candidate introduced by the agency undertakes ad-hoc, weekend, or informal work for the client at any time, whether before or without a signed employment contract, the client is required to notify the agency immediately. In such cases, a flat placement fee of €1,200 will be payable to the agency. If the engagement subsequently develops into a permanent or regular employment arrangement (including but not limited to the signing of an employment contract, establishment of recurring hours, or ongoing scheduled work), the client agrees to inform the agency in writing without delay. The engagement will then be considered a permanent placement, and the placement fee will be recalculated
in accordance with Clause 11.1 based on the candidate’s agreed gross annual salary, minus any previously paid ad-hoc placement fees. Failure to notify the agency of any such engagement constitutes a breach of these Terms and Conditions.

4.0 Facilitation of Contract

After a successful placement, a contract is made between the client and the candidate. The agency itself does not employ candidates. The client is responsible for all matters related to tax, insurance, and other consequences following the employment of the candidate, including but not limited to health care, third-party insurance, and accident insurance.

5.0 No Warranty of the Agency

The agency does not accept any liability for delays that might occur throughout the process of a placement. No warranty is offered if the placement of the candidate fails and no contract is concluded. Furthermore, the agency is not liable for any loss or damage of any nature arising directly or indirectly from an act or omission of a candidate introduced by the agency.

6.0 Notification of Employment Contract by the Client

It is the client’s responsibility to notify the agency in writing of the conclusion of an employment contract with a candidate, including the contractual date of commencement of employment. If the client fails to notify the agency in writing within seven (7) days after completion of the employment contract, the agency reserves the right to charge an administrative fee in accordance with Clause 11.3.

7.0 Replacements

If the client notifies the agency in writing of the termination of employment within the first four (4) weeks after the candidate has commenced employment, the agency will endeavor to provide a suitable replacement candidate, provided that the agency has been informed in due time (no later than seven (7) days after the client becomes aware of the termination).

The agency is not obliged to provide a replacement, and may instead charge an administrative fee in accordance with Clause 11.3, in the following cases:

· If the candidate terminates the contractual relationship because of the client altering the agreed requirements or terms of the contract; or
· If the client’s requirements and expectations of the candidate or the nature of the role has changed significantly after the initial placement.

8.0 Refunds

Provided that the client has notified the agency in writing within seven (7) days of becoming aware of the termination, and the reason for the termination of the contract lies with the candidate, and the agency cannot provide an adequate replacement, a partial refund may be offered.

· No show of nanny: 75% refund
· Employment ends within the first 4 weeks: 50% refund

After the 4th week of employment, no refunds will be issued.

9.0 Confidentiality

The client is obliged to keep all information disclosed in relation to facilitation of a contract with potential candidates and in relation to the agency in the strictest confidence. This includes all personal data referring to candidates. The client is not allowed to pass on any personal data of the candidate to a third party or to recommend the candidate to a third party. If this occurs and results in a subsequent contact between the candidate and a third party, the client will be liable to pay the full placement fee which would have been payable by the respective third party. This fee will be charged in accordance with the agency’s prevailing fee schedule set out in these Terms & Conditions. The agency is authorised to save and process the personal data of both the candidate and the client while arranging a suitable placement.

10.0 Concluding Provisions

The regulations in these Terms and Conditions will be subject to the laws of Germany. The place of performance is the headquarters of the agency. The place of jurisdiction for all disputes is the business location of the agency: Feringastr. 6, 85774 Munich, Germany. Changes and alterations require written form to be effective. This also applies to this clause itself.

If one or more provisions of these Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions. An effective provision closest in meaning and purpose to the invalid provision shall apply instead.

For the purposes of these Terms and Conditions:

1. The notion “candidate” embraces both female and male candidates introduced by the agency.
2. The term “client” refers to every person or company which engages the agency to seek a suitable employee for an agreed fee.

11.0 Fees

11.2 Placement Fees

The client agrees to pay the agency the following placement fees upon the successful conclusion of an employment contract or confirmed engagement with
a candidate introduced by the agency:

Permanent Placements
For permanent placements of any role exceeding 20 hours per week, whether live-in or live-out, the placement fee is: 17% of the candidate’s agreed gross annual salary.

Temporary, Travel & Maternity Nurse Placements
Temporary, travel, and maternity nurse placements are charged at: €300 per week, charged per full week.
For placements that exceed full weeks (for example, 3 weeks and 3 days), additional days are invoiced at €50 per day, calculated in addition to the weekly fee.

Reduced-Hours Placements (Under 20 Hours per Week)
For roles requiring fewer than 20 hours per week, the placement fee is: 20% of the candidate’s agreed gross annual salary. Such roles are accepted at the agency’s discretion and subject to the specific requirements of the family.

To align with international standards, placement fees are now calculated based on the gross annual salary, ensuring full clarity and consistency.

11.3 VAT

All fees are exclusive of VAT, and statutory VAT at the prevailing rate (currently 19%) will be added to the total placement fee.

11.4 Administrative Fees

The agency reserves the right to charge the client an administrative fee of €300 in the following cases:

· If the client fails to notify the agency in writing within seven (7) days after completion of the employment contract with a candidate.
· If no replacement obligation exists under Clause 7.0 and the client nevertheless requests agency services following termination of employment.

11.5 Payment Terms

The final placement fee is due and payable upon signature of the employment contract or upon the candidate’s agreed start date, whichever occurs first. Commencement of work by the candidate shall be deemed confirmation of a successful placement and acceptance of these Terms and Conditions, irrespective of any outstanding administrative, tax, or contractual formalities between the client and the candidate.

Invoices are payable within seven (7) days of the invoice issue date