Terms and Conditions of Babysitter Registration
In plain English — what you most need to know
A quick overview of the main points. It’s not a substitute for the full terms below, which are what actually apply.
- You’re self-employed. We introduce you to families and the family pays you directly — we don’t employ you or take tax off your pay, so you look after your own tax and National Insurance.
- Getting paid. The family pays you in cash or bank transfer at the end of the booking at our current hourly rates, for a minimum of three hours.
- Stay vetted. Keep your DBS and right to work up to date, and tell us anything that could affect your working with children.
- Children come first. Never leave them unattended, never drive them, give medicine only with the parent’s written consent, and tell us straight away if you’re ever worried about a child.
- Before the sitting. Please contact parents 24 hours prior to the sitting to introduce yourself and ask any questions you may have.
- Be reliable. Turn up on time and honour your bookings. If you really must cancel, tell us as soon as you can (or the family directly outside office hours).
- Keep families through us. Don’t take on our families privately — if one offers you regular or permanent work, let us know.
These Terms and Conditions (the “Conditions”) set out the terms which apply between Wimbledon Babysitting & Nanny Agency (the “Agency”) and you when you register with the Agency as a babysitter (a “Sitter”).
The Agency is an employment agency under the Conduct of Employment Agencies and Employment Businesses Regulations 2003. You are introduced to the Agency’s clients (each a “Client”) on the basis that you will be engaged and paid by them directly. The Agency introduces and books Sitters; it does not employ Sitters and does not provide, supervise, direct or control the childcare itself.
By registering with the Agency, or by accepting any booking, you confirm that you have read, understood and agree to these Conditions.
1. Registration and vetting
1.1
Registration is at the Agency’s discretion and is subject to the Agency receiving, and being satisfied with, all of the following:
- a completed application/registration form;
- two satisfactory references from referees who are not family members, and can comment on your experience and ability with children;
- evidence of a current Enhanced Disclosure and Barring Service (DBS) check (ideally registered with the DBS Update Service), a copy of which the Agency will retain;
- photographic identification (passport or driving licence), copies of which the Agency will retain;
- evidence of your right to work in the UK;
- evidence of at least three years’ professional childcare experience; and
- any other qualifications or evidence the Agency reasonably requests (for example a current paediatric first aid certificate).
1.2
On receipt of the above, the Agency will arrange an informal interview with you. Following this, the Agency will confirm whether your application has been successful. The Agency may refuse any application at its discretion, for example where its registration requirements have not been met.
1.3
Throughout your registration you must keep your DBS check current, maintain your right to work in the UK, and tell the Agency promptly of anything that may affect your suitability to work with children — including any caution, charge or conviction, any safeguarding concern raised about you, any relevant health matter, and any change to your contact details or availability.
2. Your status, tax and right to work
2.1
You are not employed by the Agency. The Agency introduces you to Clients on the basis that you are engaged and paid by the Client directly, and the Agency is not responsible for the acts or omissions of any Client.
2.2
The Agency does not deduct income tax or National Insurance from your pay. You are responsible for declaring your earnings to HM Revenue & Customs and for paying any income tax and National Insurance due in respect of your work.
2.3
You warrant that you are legally entitled to work in the UK and to carry out childcare work, and that you will notify the Agency immediately if this changes.
3. Bookings
3.1
The Agency will contact you with details of prospective bookings. Once you confirm you are available and the Agency selects you, the Agency will confirm the booking. You agree that the Agency is under no obligation to provide you with any particular number or frequency of bookings.
3.2
You must contact the Client by telephone at least 24 hours before each booking to introduce yourself, confirm timings and arrangements, and ask any questions you may have. Where a Client wishes to meet you beforehand, you should arrive at the property 30 minutes before the start time; you may charge for this time.
3.3
You must honour every confirmed booking and arrive punctually. If, for any reason, you are unable to attend a confirmed booking, you must tell the Agency as soon as possible (see clause 6).
4. Conduct and standards of care
4.1
The welfare and safety of the children in your care is your first priority at all times. You must provide care with reasonable skill and care and act professionally and reliably.
4.2
You must follow the Client’s reasonable instructions and house rules, and any reasonable guidance, rules or procedures issued by the Agency from time to time.
4.3
You must never leave the children unattended and must not leave the property while responsible for the children, except in a genuine emergency.
4.4
You must not consume alcohol or any non-prescribed drugs before or during a booking, and must not smoke or vape in or around the Client’s home or in the presence of the children. Keep personal mobile phone use to what is necessary and remain attentive to the children throughout.
4.5
You must not invite or allow any visitor to the Client’s home during a booking without the Client’s prior agreement.
4.6
You must not drive or transport the Client’s children (or any other child) in your own or any private vehicle under any circumstances.
4.7
You must not administer any medication to a child unless the Client has given specific written instructions and consent in advance, setting out the medication, dosage and timing.
4.8
Safeguarding. If you have any concern about the welfare or safety of a child, you must report it to the Agency as soon as possible and, where a child is at immediate risk, to the emergency services and/or relevant authorities. You agree to co-operate with the Agency’s safeguarding procedures.
4.9
You must keep confidential all information about each Client’s household, family and affairs (see clause 10).
5. Fees, payment and expenses
5.1
Details of the Hourly Rates are set out on the Agency’s website. The Agency may change the Hourly Rates from time to time and will notify you in writing of any change applicable to your registration. Rates are inclusive of VAT at the applicable rate where VAT applies.
5.2
The Client will pay you in cash or by bank transfer at the end of the booking in accordance with the Agency’s current Hourly Rates. There is a minimum charge of three hours, and time is rounded up to the nearest half hour thereafter.
5.3
Where the Agency has agreed in advance that you will care for an additional child who is not part of the Client’s household, additional rates are payable by the Client for each extra child (currently £6 per extra child per hour before 6pm and £4.50 per extra child per hour after 6pm).
5.4
If a Client cancels a confirmed booking within 24 hours of the agreed start time, you are entitled to a cancellation payment of £10. If a Client cancels within 2 hours of the agreed start time, you are entitled to three hours’ pay at the applicable Hourly Rate instead of the £10.
5.5
The Agency’s Booking Fee is charged to, and payable by, the Client to the Agency. You are not entitled to any part of the Booking Fee.
5.6
You are responsible for all your own travel costs and expenses, unless otherwise agreed in writing with the Client.
6. If you need to cancel
6.1
If you need to cancel a confirmed booking, you must call the Agency as soon as possible between 9am and 5pm, Monday to Friday. Outside those hours, you must notify the Client directly and also leave a message for the Agency.
6.2
Reliability is essential to the Agency’s reputation. Repeated late cancellations or failures to attend may result in the Agency ending your registration (see clause 11).
7. Working with Clients — non-circumvention
7.1
While you are registered with the Agency, you must make all babysitting arrangements with Agency Clients through the Agency. You must not make or accept any private or direct approach for babysitting or other childcare work with a Client introduced to you by the Agency.
7.2
If a Client approaches you directly, or offers you regular, temporary or permanent work (including a nanny position), you must notify the Agency promptly and must not accept such work privately. Such engagements are arranged through the Agency, and the Client is responsible for the Agency’s applicable placement or booking fee.
7.3
If you breach this clause 7, the Agency may end your registration immediately and you may be liable to the Agency for the fees it would otherwise have earned, without prejudice to any other rights or remedies the Agency may have.
8. Limitation of liability
8.1
The Agency is an introduction agency only and will not be liable to you for any losses, damages, costs, claims or other expenses (including reasonable legal fees) of any nature arising out of:
- your failure to comply with these Conditions;
- any failure by a Client to keep an appointment, except where the Agency has failed to use reasonable care in confirming the details of the appointment with the Client; or
- your relationship with, or engagement by, the Client.
8.2
Notwithstanding anything else in these Conditions, the Agency shall not be liable to you for any loss or damage (whether loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for compensation whatsoever (howsoever caused) which arise out of or in connection with these Conditions: (a) as a result of any increase in your loss due to a failure by you to comply with these Conditions; (b) if the Agency has not breached any legal duty owed by it to you; or (c) if the loss or damage is not a reasonably foreseeable result of any breach by the Agency of its duty to you.
8.3
The Agency may delay performing, or may cancel, your registration without liability to you if it is prevented from or delayed in carrying on its business due to circumstances beyond its reasonable control (including strike or other industrial action, terrorist activity, civil commotion, government action, acts of God, war, national emergency or epidemic). If such an event continues for more than three months, either party may terminate the registration on written notice.
8.4
The Agency’s entire liability to you under these Conditions shall be limited to the aggregate amount of fees earned by you through the Agency in any single year of your registration.
8.5
Nothing in these Conditions excludes or limits the liability of either party for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.
9. Insurance
9.1
The Agency does not provide insurance covering you in respect of your work. You are responsible for arranging any insurance you consider appropriate for your activities as a self-employed childcarer.
10. Data protection and confidentiality
10.1
The Agency complies with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and any other data protection legislation in force from time to time, and processes your personal data in accordance with its Privacy Notice (available on its website). You agree that the Agency may pass your relevant details to Clients where necessary to arrange bookings.
10.2
Except where disclosure is required by law, or is necessary to provide Clients with information about you needed to arrange bookings, the Agency will keep confidential the information it obtains about your affairs. You must likewise keep confidential all information you obtain about any Client, their household and their family, both during and after your registration.
11. Ending your registration
11.1
You may end your registration by giving the Agency one month’s notice in writing. If the Agency does not hear from you for a continuous period of one month, your registration will be treated as ended.
11.2
The Agency may end your registration with immediate effect if:
- you breach any of these Conditions;
- any information you have provided proves to be inaccurate, misleading or incomplete;
- your DBS check, references or right to work cease to satisfy the Agency’s requirements, or a safeguarding concern arises;
- you fail to meet the Agency’s registration requirements in force from time to time; or
- you make a voluntary arrangement with your creditors, become subject to a bankruptcy order, or are unable to pay your debts,
and in such circumstances all advance bookings made for you by the Agency shall be cancelled without liability on the Agency’s part to you.
11.3
Ending your registration for any reason is without prejudice to the rights and obligations of the parties accrued up to and including the date it ends. Clauses which by their nature should survive termination (including clauses 7, 8 and 10) continue to apply.
12. Complaints
12.1
If you have any issue, complaint or concern, please tell the Agency immediately. If the matter cannot be resolved amicably, the Agency will ask you to put your complaint in writing. If it cannot be resolved between us within 30 days, either you or the Agency may refer it to a certified alternative dispute resolution (ADR) provider.
13. General
13.1
You may not assign, transfer or sub-contract any of your rights or obligations under these Conditions.
13.2
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Conditions.
13.3
These Conditions are governed by English law, and any disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.
Acceptance
By registering with the Agency — including by signing below or by confirming your acceptance electronically when you register — you acknowledge and accept these Conditions.
Signed: ………………………………………………………..
Name: ………………………………………………………….
Date: …………………………………………………………..