These Terms and Conditions are between the Employer/Customer (hereinafter called the Client) and Panda Miracles (part of Markoni and Co hereinafter called the Agency).

By ordering Panda Miracles services via telephone, e-mail, fax or website the client is agreeing to be bound by Panda Miracles Terms and Conditions of Service.
Introduction of Candidates

Panda Miracles Recruitment consultants will do their best to find a suitable candidate who best matches your criteria. Our very strict and confident screening procedure is working to ensure but does not guarantee the suitability of any candidate introduced to the Client. The final decision to employ a candidate is the sole responsibility of the Client. The Client shall therefore satisfy themselves as to the suitability of the Candidate before employing a Candidate.

Booking fees:

• We require £30 Booking fee as a deposit if we undertake an order.
• The Booking fee is only payable by debit/credit card on the day of the booking.
• The booking fee is completely refunded if we are not able to arrange any suitable candidates for interviews and deducted from the Client’s final bill if we manage to complete the order.
• The Booking fee also confirms the Client’s engagement with Panda Miracles
• We do not take Booking fees only in case of not a good chance to match the Client’s requirements with a possible candidate.

Rates and Fees:

• The client must pay to Panda Miracles the agency fee if placement successful (refer to our Services and Fees).
• The Agency Fee is due and payable on the date the Engagement is confirmed and not on the date employment commences.
• An invoice will be issued immediately after the Client has accepted either verbally or in writing a Candidate for employment. This must be strictly adhered to for the refund/replacement guarantee to apply.
• The booking fee and the placement (agency) fee can be paid either by credit/debit card or bank transfer into our bank account. Details to be provided. We also accept Paypal payments. We do not accept payments by cheque.
• The Client agrees to pay all invoices on the day the Client makes a job offer to our candidate but no later than 7 days after receipt of such invoice.
• Any unpaid account will attract Interest at 8% per month.All outstanding balances are payable by credit/debit card on the day when the 7 days period for paying the invoice expires.

Please note:

That 2% processing charge may occur if paying outstanding balances by UK registered credit cards, 3% charge will apply to all International credit cards.

Please Note:

All outstanding accounts in 28 days after the invoice issue date will be forwarded to a Debt Collector Company.

Discounts and Promotional Sale Offers:

We intentionally keep our price down in order to provide our services to a wider range of costumers and make the childcare and domestic help services much more affordable.

Our Low Agency fees though do not always cover all our expenses so please note that:

• Free Replacement Nannies are only available subject to an One off small Placement fee of £50.00. The Re-placement fee is payable upfront only on the day of the booking and is subject to other conditions (please read Replacement section)

Trial service:

• The Agency recommends all Clients and Applicants to have a trial before making their final decision. The Agency provides one free day trial per vacancy (the Applicant should be paid directly for their time)
• Trials over 1 day are charged as follows: £30 per day or £120 per week (5 – 6 days)  All monies for the trial period must be received before the trial period begins.
• Should the Applicant be placed with the Client on a permanent placement then the Agency will discount the trial fee from the final permanent placement fee. Should the Applicant be unsuccessful then the trial fee will not be refunded.
• Should the Client decides to trial more than one Applicant, only the trial period for the Applicant offered the permanent role will be
• Standard Agency fee will apply if the Client has an engagement confirmed with one of our candidates.
• Temporary placements:
• If a Candidate introduced by the Agency for a temporary position but is offered and accepts the initial employment and afterwards the engagement is to be extended, the Client is required to pay the difference between the agency fee charged and the actual Fee that would have been charged for such a time period.
• If a Candidate is offered and accepts further employment with the Client within six months of the initial placement, the Client is obliged to pay the Agency’s standard agency fee for such a placement service.

Refunds

• If a Candidate accepts a permanent position but does not stay in the employment at least 4 weeks or has this employment terminated by the Client within 4 weeks of engagement’s commence date, Panda Miracles will refund the agency fee deducting £120.00 administration fee should the following conditions are satisfied:
• The Client informs the Agency within three days of the Candidates termination or cancellation.
• The Client has paid in full the Agencies Fee within the seven (7) day period from the date of invoice.
• The Candidate has not cancelled the booking due to unreasonable requirements by the Client: The Client has not changed the employment location, the job description, the agreed salary/pay rate per week/hour or the hours originally agreed by the Candidate and Client or has unreasonable demands.
• If for whatever reason the Client decides to cancel a Confirmed Engagement (confirmed either by phone, email or in writing) before it begins, the Agency will refund one half of the Agency Introduction Fee, (providing this Fee has been paid within the 7 day period as specified above).
• The Client will not be eligible for a refund if the He/She still intends to employ another candidate from the Agency (Panda Miracles) and the first candidate has been successfully replaced.
• The Client will no longer be eligible for a refund after the first Candidate has been replaced.
• All permanent Nanny/Au Pair/Housekeeper placements fees paid in full and on time (within the 7 days period)
• A Contract has to be signed from both parties
• The contract/Au Pair’s agreement has to be signed for 1 year period  (Probation periods n/a for Au Pairs).
• Clients who have chosen to sign Self-Employed contracts, Temporary Contracts (up to 12 weeks) and/or in need of Summer/Holiday Au Pair (2 weeks to 3 months) and other Part time placements for up to 20 hours per week are only eligible for a refund (subject to £80.00 administration fee deducted) in the first 2 weeks of engagement should all of the above conditions are satisfied.
• There will be no refund offered should there be reasonable grounds to believe that the Nanny/Au Pair/Mother’s Help/Housekeeper’s working conditions and/or the way the Clients have treated the Nanny/Au Pair/Mother’s Help/Housekeeper were unsatisfactory or should there be a record of several unsuccessful placements with the Client. The Agency (Panda Miracles) decision will be final in this respect.

Replacement:

If a Nanny/Au Pair/Housekeeper with a signed employment contract (Full time live in/out) for 1 year does not stay in employment in the first 6 months of the engagement date, Panda Miracles will replace the nanny free of Agency fee, £50.00 placement fee will apply.

This is subject to:

• The Client informs the Agency within three days of the Candidates termination or cancellation.
• The Client has paid in full the Agencies Fee within the seven (7) day period from the date of invoice.
• The Candidate has not cancelled the booking due to unreasonable requirements by the Client: The Client has not changed the employment location, the job description and duties, the agreed salary/pay rate per week/hour or the hours originally agreed in the Official job proposal and the employment contract by the Candidate and Client or the Client has unreasonable demands.
• The Client still intends to employ a child carer through the Agency.
• The Agency reserves the right to find a replacement Candidate for the Client within 3 weeks of the termination or cancellation of the original Candidate.
• The Client will no longer be eligible for a refund after the first Candidate has been replaced.
• All permanent Nanny/Au Pair/Housekeeper placements fees paid in full and on time (within the 7 days period)
• A Contract has to be signed from both parties
• The contract/Au Pair’s agreement has to be signed for 1 year period including 12 weeks probation period (Probation periods n/a for Au Pairs).
• Please note that: The replacement offer must be taken within 2 weeks by the family otherwise the offer is withdrawn.
• The placement fee of £50  is charged up front by credit/debit cards payments only.
• There will be no free replacement offered should there be reasonable grounds to believe that the Nanny/Au Pair/Mother’s Help/Housekeeper’s working conditions and/or the way the Clients have treated the Nanny/Au Pair/Mother’s Help/Housekeeper were unsatisfactory or should there be a record of several unsuccessful placements with the Client. The Agency (Panda Miracles) decision will be final in this respect.

Engagement

• The Client agrees to notify the Agency immediately if an Engagement is accepted and at the same time give the date of commencement of employment and length of stay.
• The Agency offers a contract of employment only as a guide for the Client. Under The Conduct of Employment Agencies and Employment Business Regulations 2003 effective April 6th 2004: All agencies will be required to hold a copy of the employment contract between employee and employer.
• The Agency is not responsible for the Client and Candidate’s contract of employment. These are to be arranged and agreed between the Client and Candidate.  A sample of an Employment contract will be provided, Full Information pack and recommendation of a Professional Nanny Tax company also available.
• All job offers are proposed in writing and accepted in writing (a sample of the official job offer will be provided to Client) signed from both parties and a copy is to be provided to The Agency (Panda Miracles) as well.
• The accepted and signed Job Offer acts as an official obligation between both parties until the actual contract takes place. We strongly recommend that in the 1st week of engagement the contract/Au Pair agreement is to take place: all working conditions (working days and hours, salary, living conditions, use of car, meals provided and etc) discussed and agreed, all duties agreed and put in writing in the contract/agreement as well as notice periods, holiday entitlement, sick off days and etc.
• A signed copy of the Contract/Au Pair agreement to be provided to The Agency (Panda Miracles) as soon as possible.
• The Agency (Panda Miracles) is not responsible for any problems caused by any of the parties due to a Contract/Au Pair agreement not in place.
• The agency offers support to all Nanny/Au Pair/Mother’s Help/Housekeepers and Clients throughout their engagement with help and advice on all Employment related issues, visa and registration certificates applications, National Insurance applications, Nanny tax and Payroll, CRB Enhanced disclosures (working with an Umbrella Body Agency), First Aid Training (information for courses provided), in house training: ‘The Housekeeping: in and out’, Introduction to (home based) childcare and child development and etc.

Babysitting

• The client must pay to Panda Miracles a booking fee (refer to our Services and Fees).
• The Booking Fee is due and payable on the day of the booking by credit/debit card only (please refer to section Rates and fees above, and not on the date the service commences.
• The Booking fee is only refundable if we do not have a babysitter available
• A Booking fee is applicable per babysitter and per family.
• If two or more families combine one order then 1 babysitter (or as per Ofsted guidelines) will be arranged but 2 or more booking fees will be charged. One Booking fee has to be paid per each family involved in this arrangement and per each babysitter arranged.
• Minimum of 3 hours arrangement is required per booking.
• Panda Miracles requires a Cancellation period of no less then 48 hours prior to commencement
• In the event that an agreement is cancelled by the Client for whatever reason after a commencement date has been agreed by the Agency, less than 48 hours before commencement of booking, the Client shall pay Panda Miracles (Agency) a cancellation fee of 3 x the hourly rate agreed. The Agency will ensure this is paid to the babysitter concerned.

If booking on a short notice is accepted (less then 48 hours to commencement date) and the Client needs to cancel the service after the order has been confirmed with babysitter’s details provided, a cancellation of 3 x the hourly rate agreed will be required, payable immediately.

Please note:

That 2% processing charge may occur if paying outstanding balances by UK registered credit cards, 3% charge will apply to all International credit cards.

If a babysitting placement becomes a permanent placement, the full permanent Agency fee becomes due immediately payable by credit/debit card only and the appropriate additional fee will be charged, taking into consideration the booking fee already paid, this will be payable as per Panda Miracles’ (Agency) normal terms of business.

Temporary/Emergency Nannies

• Our agency fee is £50/week for all jobs with length of stay up to 12 weeks. We do not consider one position as a temporary if that position is longer than 12 weeks and we then charge a fee for a Full Time position.
• Agency fee: £50 per week if 1 to 12 weeks or £15 per day if 1-7 days needed to cover, subject to £30 placement fee
• Panda Miracles (Agency) will charge a fee of £50 on a weekly basis until the service is terminated, but no longer than 12 weeks.
• Replacement nanny will be offered within the entire term of the engagement between the Client and the Agency, subject to £30.00 placement fee, payable upfront and at least 24 hours notice prior to the start date.
• Temporary/Emergency orders are secured by paying the placement fee of £30 on the day the order is received.
• If the client has not managed to pay (no sufficient funds in the bank account/card declined/card expired/payment cancelled and etc) the client is obliged to provide an alternate way of payment and still pay on the previous agreed day/week or Panda Miracles reserves the right to terminate the service with an immediate effect and will invoice the client for the agency fee owed to the Agency and the money owed to the employee, Standard Terms and Conditions apply (see Rates and Fees section)).
• Temporary jobs hourly rate is: £10-12/hour and is payable on a weekly basis to Panda Miracles according to the hours worked. The Client could arrange a Standing order or transfer money through their online banking. We also accept payments over the phone.
• Temporary placement’s fee is due immediately on the date the invoice is issued or on each Monday of the week, service has been agreed

Please note:

That 2% processing charge may occur if paying outstanding balances by UK registered credit cards, 3% charge will apply to all International credit cards.

If a temporary placement becomes a permanent placement, the full permanent Agency fee becomes due immediately payable by credit/debit card only and the appropriate additional fee will be charged, taking into consideration the temporary fee already paid, this will be payable as per the Panda Miracles (Agency) general terms of business.

Payroll and Nanny tax Services:

• F/T nannies could be paid per week or per month directly from the Client, Panda Miracles will help with arranging the payroll service for the Nanny’s tax and NIN through a Nanny tax company for £115/annual fee payable to the payroll company.
• For all flexible  P/T, Temporary and Emergency positions, the Client should pay a gross amount to Panda Miracles (Agency) according to the pay rate agreed and the hours worked per day/week as per nanny’s Timesheet, signed from the Client.

• All placements are subject to full employment contract.

Tax & National Insurance

It is the Client who is responsible for their employees Tax and National Insurance deductions. Panda Miracles can introduce to the Client a professional Payroll Company in order to help the Client with information on Nanny Tax, Pay Slips, Net Wages and NI. Please ask for more information and advice. A Welcome Pack with all necessary information will be provided to all Clients.

Liability

The Agency shall not be liable under any circumstances for any loss, damage, expense, or compensation suffered or incurred by the Client either directly or indirectly arising from or in any way connected with the Agency introducing a Candidate or the Client employing a Candidate.

The Agency can not be hold responsible and offers no warranty for a Candidates character, honesty, reliability, suitability or capacity.

Panda Miracles reserves the rights to amend its Terms and Conditions

Privacy Statement

To place an order with us we need some information from you. Normally we require your name, full address, phone/mobile numbers and credit/debit card details. By using our Web site and filling in our order forms, you consent to the collection and use of this information by Panda Miracles.

We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We collect information about you to process your order and to provide you with the best possible service. We only send promotional email or mail to you with your prior consent and do not sell, trade or exchange any of your information to third parties in any way other than for what the customer has given permission.