Terms & Conditions
Terms & Conditions of the Business
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 10.1 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 10.3.
7.0 Replacements
• the agency is informed promptly of the termination; and
• the original job description and search criteria remain unchanged.
The replacement search constitutes the client’s sole remedy in respect of the termination of the employment relationship during the replacement period. No refund, credit, or reduction of the placement fee shall be due.
8.0 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.
9.0 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.
10.0 Fees
10.1 Safeguarding Fee (Search Commencement Fee)
To commence a search with Felicity Nannies & Signature Placements (hereafter “the agency”), the client agrees to pay an initial safeguarding fee of €250. This fee is payable upfront upon signing the agency’s Terms & Conditions and prior to the commencement of any search, shortlisting, or candidate introductions.
The safeguarding fee covers the initial consultation, safeguarding procedures, candidate sourcing, vetting, and administrative preparation. This amount is fully deducted from the final placement fee once a successful placement is confirmed.
Returning families may benefit from a reduced safeguarding fee as part of the agency’s client loyalty programme. The safeguarding fee is non-refundable in the
event that the client withdraws from the search after it has commenced.
10.2 Placement Fees
The Client agrees to pay the applicable placement fee upon the successful signing of an employment contract or confirmation of a booking between the Client and the Candidate. The placement fee becomes due immediately upon confirmation and must be paid prior to the Candidate’s start date.
Permanent Placements
Temporary, Travel & Maternity Nurse Placements
Reduced-Hours Placements (Under 20 Hours per Week)
10.3 VAT
10.4 Administrative Fees
10.5 Payment Terms
10.6 Severability Clause
Should any provision of these Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected.Client Achnowledgement
Invoices are payable within seven (7) days of the invoice issue date