-The Forbes Paertnership –

Terms and Conditions

Please note that by using our services and our sitters/ carers you automatically agree to the Terms and Conditions as stated below.

DEFINITIONS

“The Forbes Partnership” means The Forbes Partnership Limited a company registered in England and Wales with company number 12670229;
“Web Site” means https://www.theforbespartnership.co.uk.
“Online Booking System” means The Forbes Partnership online booking system
“Online Database” means The Forbes Partnership online database
“Home sitting” means the service provided by the sitter on the terms agreed between the Client and the sitter;
“Baby-sitting” means the service provided by the sitter on the terms agreed between the Client and the sitter/ carer;
“Dog-walking” means the service provided by the dog- walkers on the terms agreed between the Client and the sitter/ carer;
Carers/ sitters- this means the individuals who physically carry out the services; babysitting dog-walking or home-sitting
“Engagement” means together the Introduction and the Carer/ Sitting Services;
“Fees” means together the Membership Fee, the Booking Fee, and the placement fees;
“Introduction” means the introduction of the Sitter to the Client by The Forbes Partnership;
“Membership Fee” means a membership fee, to be paid by the Client by debit or credit card to The Forbes Partnership as more fully described on the Web Site and in Schedule 1 of these terms and conditions;
7. “Entire Agreement”
The Parties confirm that these terms and conditions represent the entire understanding and constitute the whole agreement of the parties in relation to its subject matter and supersedes any previous agreement between the parties with respect to such subject matter.
8. “Governing Law”
8.1 These terms and conditions will be governed by and construed in accordance with English law.
8.2 Each party irrevocably agrees that the Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these terms and conditions and any matter arising from them.

1. “Introduction”

1.1 The Forbes Partnership will only carry out services under the following terms and conditions, which are legally binding for all parties involved.

1.2 The Forbes Partnership is an introduction agent and does not employ the Sitters/ carers booked by you.

1.3 The client has the responsibility of control and management of the sitters/ carers at all times.

1.4 The Forbes Partnership will accept no liability for any form of accident, claim, loss, injury, costs, charges, expenses, action or demand at all that under any authority that may come of or be in any way connected with the services provided ( including the introduction, any consequent appointments/ arrangements and the provision of any services.)

(B)”Bookings”

(1) The Client agrees to pay the relevant Booking Fee to The Forbes Partnership that is outlined in the fees section of the The Forbes Partnership website. The breakdown of the booking fees is included in the payment section of these terms and conditions.

(2) The relevant Booking Fees will be charged to your chosen debit or credit card each time a booking is made by you.

(3) The Booking Fee will be processed through a secure Sage online payment processing platform

(4) In the event that an agreement is made wherein a client has decided to take on a sitter/carer permanently (whether this is for a full or part time role) The Forbes Partnership will charge the client a finding fee that is the equivalent of five weeks of the sitter/ carer’s salary, plus VAT. (Minimum fee of £500)

“Cancellations”

(7) If the client chooses to cancel their membership then the cancellation notice will be accepted once The Forbes Partnership has received and acknowledged this cancellation notice.

(8) If the Cancellation Notice is received after the previous membership payment, no refund will be given.

(9) If the Cancellation Notice is received 7 days or more before the next membership payment, no more membership payments will be taken.

(10) To cancel their membership the client must send the cancellation notice via post or email.

(11) The client will continue to pay the membership fees until The Forbes Partnership has received and acknowledged the cancellation notice.

(12) If a client cancels any of The Forbes Partnership services for a one off booking ( including babysitting, home-sitting, dog walking) more than 24 hours after the initial booking a £10 charge is payable to The Forbes Partnership.
Charges/ fees that are applicable for canceling temporary or permanent positions are outlined further on in the terms and conditions.

2. “Payment terms”

2.2 Payment to the Sitter/Carer
(A) The Fee to be paid to sitters/ carers is specified on the forbes partnership website and outlined further on in the terms and conditions.

(B) The Client agrees to pay the applicable Fee directly to the sitter/ carer at the end of the booking of the babysitting/ homesitting/ dogwalking Services that have been provided either in cash or by bank transfer.

(D) If the client cancels a one off booking within two hours of the start time, or when the sitter/ carer arrives at the location a minimum of 50% of the minimum booking rate (1.5 hours) should be paid to the sitter in compensation for their travel/time as well as reimbursement of their travel fees.

(E) For any permanent sitter/carer hirers, the client/ parents accept responsibility as their employer and are responsible for the sitter/ carer’s tax and national insurance contributions.

2.1 Payment to The Forbes Partnership
(1) Once the client chooses to become a member the client agrees to pay the Membership Fee by debit or credit card payment for a minimum of three months.

(3) The Membership Fee will be charged to the client’s nominated debit or credit card, in advance, starting from the first day of membership and the Client agrees to pay the membership fee on a monthly basis from that point onwards.

(4) The Membership is automatically renewed each month until the client gives their cancellation notice.

(5) The Membership Fee will be processed through Sage Pay secure online payment processing
(6) The Membership Fee can be cancelled any time after the first three months by giving written notice to The Forbes Partnership (either by email or post)

(12) For all temporary or permanent placements, an invoice will be issued to the client outlining agency fees and full payment should be received no later than 7 days after the date of invoice.

2.3 “Changes to Payment Terms”
(A) The Forbes Partnership continues to have the right to change Fees and/ or terms on which the Fees are to be paid at its own discretion.

3. “Confidentiality”

3.1 Each party agrees to the other that any information received or sent to either party, is treated as confidential information: no matter what form/ medium it is in, is to be treated as ‘confidential’ (whether marked or stated as confidential or not.

3.2 The recipient can share or disclose confidential information of the disclosing party if they are required to do so by law or by any capable governing authority. If this should happen the recipient should give good notice (in writing) to the disclosing party (so long as this is lawful and reasonably practical do so) that this will be done so they can carry out any actions necessary by legal means (if necessary).

3.3 The Forbes Partnership may disclose the Client’s personal information to third parties (including but not limited to):?????

(B) If The Forbes Partnership has their assets taken over by a third party then the personal data held about the clients will be one of the assets transferred.

(A)If The Forbes Partnership sells or buys any business or assets, then The Forbes Partnership may disclose the Client’s personal data to the prospective seller or buyer of the business or assets;

In addition this would apply if/ when The Forbes Partnership has a duty to share or disclose The Forbes Partnership personal data in order to abide by any legalities, or in order to enforce or apply the terms and conditions and other agreements; or to protect any of the rights property, or safety of The Forbes Partnership, their sitters/ carers its clients or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

4. “Liability”

4.1 The Forbes Partnership reviews at least three references that have been given by the sitter/carer.

The client acknowledges that the decision to employ The Forbes Partnership is entirely their own responsibility and own doing.

The Forbes Partnership does complete a screening and vetting process in order to ensure sitters/ carers are highly skilled, qualified and competent to carry out their roles, however, at the same time gives no full assurance, portrayal or responsibility over the history, character, age, experience, capability, suitability, honesty or immigration status of any sitter/ carer nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the sitter/ carer.

4.3 The client acknowledges possible risks involved in using a childcare/ homecare/ dogwalking introduction service and therefore waives all rights to any claim for damages from, and relieve, release, and discharge any and all of The Forbes Partnership and anyone involved in creating, producing or distributing The Forbes Partnership service or any information relating to The Forbes Partnership from any claim for damages

4.4 The Forbes Partnership accepts no liability at all for any misrepresentation, loss, injury, damage, claims, loss of life, expenses of any kind that may occur through an introduction made by The Forbes Partnership.

The Forbes Partnersihip will take no liability for any loss or damages at all (including but not limited to loss of business, opportunity, data, profits), which occur directly, indirectly or as a concequence of using the website or the services provided by The Forbes Partnership.

4.6 In the event that the client breaches any of these terms and conditions the client agrees to compensate and hold The Forbes Partnership harmless from and against this. The client also agrees to this regarding any claim or demand brought against The Forbes Partnership by any third party that occurs through the clients use of the web site and services provided by The Forbes Partnership, including but not limited to all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) that may be suffered or experienced by The Forbes Partnership As a result of the clients breach of these terms and conditions

4.7 Under no circumstances should The Forbes Partnership’s full liability to the client, whether this be in regards to goods or services and whether based on negligence, breach of contract,
Misrepresentation or anything else, exceed the fees paid by the client.

4.8 The client must ensure that they have acceptable employer’s liability insurance, and that any carer/ sitter that they hire permanently has current public liability in force and make sure that includes full appropriate cover for administering medicines and also for overseas travel (if applicable)

5. Refunds and replacements”

5.1 In the event that the sitter/ carer cancels a pre-booked Engagement, The Forbes Partnership accepts responsibility to execute reasonable efforts to find a replacement as soon as reasonably practicable.

 5.2 If The Forbes Partnership is unable to find an appropriate replacement it will refund the Booking Fee.

 5.3 If a permanent position is cancelled within six weeks from the start date, The Forbes Partnership will refund 50% of the agency fee.

6. “Termination”

6.1 The client may cancel the Membership Fee as is set out in2.1(A)(Payment to the Forbes Partnership)

6.2 The Forbes Partnership can terminate this agreement, if necessary, at any time, without notice, for any reason, including and not limited to breach of these terms and conditions.

6.3 The Forbes Partnership also reserves the right to discontinue the website or any part of it as well as the provision of its services without giving due notice and will not be held liable to the client or any third party for any losses that come as a result of a termination.

6.4 The client acknowledges that any and all introductions leading to engagements must be processed through/ by The Forbes Partnership and all related booking fees are then payable by the client to the Forbes Partnership as is set out in 2.1 (B) (Bookings)

6.4 The client acknowledges and accepts that it will only make arrangements for the services provided through The Forbes Partnership and pay all associated fees. The client accepts that they must not arrange any services provided directly with the carer/ sitter.

If The Forbes Partnership were to be made aware that the client and the sitter/carer have arranged for the provision of services and excluded The Forbes Partnership and/ or if they failed to pay the relevant fee then The Forbes Partnership reserves the right to;
(A) obtain payment in arrears from the Client of any unpaid Fees;
(B) terminate this agreement; and/or
(C) remove the sitter/carer from its database.

SCHEDULE 1 – Payment to the sitters/ carers

Babysitting rate: £10.50 per hour (£9.50 From 6pm)
24 hour fee is £225
Home-sitting rate: £10.50 per hour (£9.50 From 6pm)
24 hour fee is £190
Dog walking: £22 per hour

Temporary/ permanent rates for baby-sitting (Nannying):

Fees from £11 per hour
Permanent live in nanny fee from £350 per week (net)*
Permanent live out nanny fee from £11 per hour (net)*
Holiday nanny fee from £450 per week*
Live in temporary nanny fee from £450 per week*
(* fee will depend on the nanny’s experience)
Payment to The Forbes Partnership
Membership Fee Options for Baby-sitting and Home-sitting and dog-walking:
£15 per month (a minimum of 3 months required)
The memberships will automatically renew until the client no longer requires services and cancels the membership.
Childcare Booking Fees paid to The Forbes Partnership
£6 per one off booking for members
£9 per booking for last minute bookings (within 24 hours- for members)
£20 per booking for non- members (£25 for last minute bookings up to 24 hours for non-members)

For all Part Time, Temporary and holiday placements 20% of carer’s fees for members, 35% for non members, plus VAT.
For all permanent positions the placement fee is 5 weeks of the nanny’s salary plus VAT.
If an agreement is reached where a nanny is taken on in a permanent position by a client, the agency charges a finding fee of the equivalent of five weeks of the nanny’s salary, plus VAT. Minimum fee £500.