TERMS AND CONDITIONS
By engaging Diamond Private Staff in your search for employees, you are agreeing to abide by the following terms and conditions.
These terms and conditions shall represent a legally binding contract between the client or employer (hereby referred to as the “Client”) and Diamond Private Staff (hereby referred to as the “Agency”). Instruction by the Client to the Agency, both verbal or written, to submit suitable Candidates for contact (including Interviews) shall constitute as acceptance of these terms and conditions by the client.
The following terms, both here and in any literature published by the Agency, have the following meanings, unless context otherwise requires:
- “Agency” shall be Diamond Private Staff
- “Client” shall be any person, parent, family member or third-party employee named on the Registration Form for whom the Agency has been contracted to provide the Services as in accordance with these Conditions.
- “Candidate” means a person introduced by the Agency to the Client as requested for the purposes of employment on a temporary or permanent basis, either full time or part time.
- “Registration Fee” means the initial payment made before paying the full placement fee. This payment is non-refundable.
- “Placement Fee” means the full fee for placing a Candidate with a Client once the initial registration fee is paid.
Interviews can be performed in person, over the phone or via an online calling system such as Skype – or a combination of these. Clients agree to inform the agency, in writing, of any interviews taking place and must reimburse their Candidates reasonable traveling expenses. The Candidate must provide the Client with relevant receipts for their journey and the Client should settle these expenses directly with the Candidate.
Client’s Rights and Obligations
- The Client must notify the Agency, verbally or in writing, as soon as an offer of employment, or trial, has been made and accepted by the Candidate. Details including date of commencement, length of engagement, agreed net weekly salary should be disclosed.
- The Agency Fee will be payable upon the exchange of a signed employment contract between the Client and the Candidate. The Agency Fee request will be sent to the Client in the form of a detailed invoice and will be due within 5 working days of receipt.
- The Client will be held fully responsible for any attempts to bypass the Agency. In cases where the Agency was not informed of an employment offer within 7 days of the offer being made, the Client will be responsible for paying the full Agency Fee, plus a 50% penalty charge.
- The Placement Fee payable by the Client covers the contracted employment agreed between the Agency, Client and Candidate only. Any changes to the employment, including extensions on temporary placements, or repeat placements after employment has ceased, are subject to new Placement Fees. The Client will be fully responsible for any attempts to bypass the Agency and in cases where the Agency was not informed of any extended or repeat placements, the Client will be liable for the full Placement Fee, plus a 50% penalty charge.
- Any discounts that the Agency has applied to the standard fees are offered in goodwill only and the Agency reserves the right to withdraw or change them at any time, with written notice.
- Clients must not disclose any information pertaining to any Candidates to third parties. The personal details of Candidates shall be kept strictly confidential. Any breach of this which results in the employment of a Candidate by a third party renders the Client liable for full payment of the Agency’s Placement Fee, plus a 50% penalty surcharge.
- The Client is responsible for the employment of the Candidate in accordance with all applicable employment legislation based on the law of employment in the country where the employment takes place. The Client is committed to being the sole employer of the Candidate.
- The Client commits to provide a contract of employment upon employment commencement, and is responsible for all Tax, National Insurance, Health Insurance, Work Permits, Visas and other necessary documents and payment as required by law in the working country. A copy of the contract signed by both parties must be received by the Agency within 7 days of the employment commencement.
- The Client (or appointed Third Party Representative) should provide a copy of their passport as proof of identification and proof of address such as their household bill in order to confirm their personal address before any contact is arranged with Candidates.
- The Client is solely responsible for the suitability of the Candidate and it is ultimately the Client’s decision to employ the Candidate. The Agency cannot be held responsible for any mistakes in any information provided directly by the Candidate. The Client is committed to satisfying him/herself as to the suitability of the Candidate before employment. The final employment decision is made by the Client and thus the Agency cannot be held responsible for the candidate after employment has commenced. However, should there be an issue within the first twelve weeks of employment, the Agency will replace the candidate free of charge (see “Termination of Employment” below)
- References can be acquired via the Agency via a written request by the Client and will be provided once direct permission from the Candidate has been obtained.
- The Client is committed to notifying the Agency of any change in employment during the first six months following employment commencement and agrees to pay an additional fee (standard fee for such service minus any fees already paid) should there be any increase in working hours or days originally agreed when the Candidate started the employment.
- The Client is solely responsible for ensuring that the Candidate is eligible to work in the Client’s chosen country and for obtaining all relevant documentation and permissions. The Client is responsible for paying for any relevant travel expenses prior to the commencement of employment and any work permits/visas/immigration requirements that may be necessary and for arranging and paying for any medical examinations or investigations.
- The Client is solely responsible for all Insurances related to their employee including Health Insurance, Travel Insurance and Employee Insurance.
- The Client is responsible for paying the Candidate their agreed salary for any trial hours requested, in order to ascertain Candidate suitability. Trial days incur separate Agency fees, details of which can be found on our website.
- The Client must obtain one return flight ticket per year for their Candidate, usually to their home country – or one return flight per contract (in the case of temporary employment).
- Clients must not discriminate unlawfully or breach the provisions of the Equality Act 2010 during Candidate selection.
- Clients are obliged to treat Candidates, both during selection and employment, with respect and dignity and ensure their environment is safe and lawful. In return, Candidates are obliged to treat Clients, their children and property with respect and act with professionalism at all times. See point 14 in “Candidates Rights and Obligations”.
Candidates Rights and Obligations
- The Candidate understands that the Agency is a referral and matching service only. The Agency provides its Clients with information regarding potential Candidates in exchange for a Placement Fee.
- The Candidate agrees to release personal and contact information to the Agency. This information must be complete, true and accurate. The Candidate will also provide full details of previous work history including contactable references on the agency’s request.
- The Candidate agrees not to disclose their full personal details, including full name, contact telephone number, email address, postal address or any other forms of contact which enables the Client to contact the Candidate directly.
- The Candidate’s information will be released only to registered Clients by Consultants directed employed by the Agency. Under absolutely no circumstances will the Agency release your personal or contact information to any third parties, or disclose it to prospective Clients on our website without written permission from yourself.
- There is no charge for a Candidate to join the agency. There is no contract or obligation to remain with the agency for any specific time frame and the Candidate can withdraw from the agency at any time for no charge or obligation.
- The Agency and the Candidate acknowledge that there is no employee/employer relationship between them.
- The Candidate cannot work for other clients using the Diamond Private Staff name and reputation.
- The Candidate must notify the Agency immediately should he/she be offered employment directly or indirectly through the Client, or should the Client make contract directly with the Candidate without the Agency’s permission.
- The Agency has the right to terminate the agreement with the Candidate at any time. This can be for any reason, including unprofessional conduct, misrepresentation of our image, lateness, drug or alcohol abuse, failure to disclose pertinent information or criminal record.
- The Agency does not provide any representations or warranties to the Candidate in regards to the Client. The Agency serves to provide an introduction service between the Candidate and prospective Client’s and will refer them their name and portfolio.
- The Agency cannot guarantee a Candidate will be interviewed or employed by any prospective Clients, nor can the Agency guarantee any length of employment once it has commenced.
- All DBS/Police checks, First Aid and other training will be the responsibility and expense of the Candidate.
- The Agency serves as an advisory service and subsequently the responsibility to confirm employment conditions, including salary, remains with the Candidate. The Candidate must ensure that their legal requirements are fulfilled, such as ensuring they have a contract with the Client upon employment and the Agency cannot be held responsible for negotiating any wages, loss of wages, termination of employment and changes in the working conditions.
- The Candidate has an obligation to represent themselves, and the agency, with dignity and professionalism at all times. Candidates must behave with the decorum, respect and care that is befitting their roles. Unacceptable behaviour includes swearing, aggression, violence, breaching health & safety standards and extreme insubordination. Should a candidate commit gross misconduct, they will be dismissed without notice and will, at minimum, be required to reimburse the Client for their placement expenses (for example, flight & visa costs) and reimburse the Agency for their placement costs. Candidates can be held responsible for any damages they have caused during the placement and if their behaviour is in breach of local laws, legal action can be taken against them.
- The Candidate is entitled to one return flight per year (or per contract in the case of temporary employment) from the country of placement to the Candidate’s country of origin. This flight is booked at the Client’s convenience. If the Candidate terminates employment she/he will be responsible for her/his own travel costs.
- The Candidate is under no legal obligation to work for a particular Client, and may be requested to be placed in another placement. The Candidate hereby releases Diamond Private Staff and its officers, agents, employees and affiliates from all claims, liabilities, injuries, demands, suits, actions, causes of actions of every kind arising out of or resulting from the action of the Agency or the release of any information by the Agency.
- The above parties confirm that the Agency shall not be liable to any person, including the Candidate, their family or their successors, for incidental or consequential losses, damages or expenses, directly or indirectly arising from any action or failure to act by a Client.
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressed within it. Furthermore, it is agreed that this written instrument embodies the entire agreement of the parties except as expressly set out in this instrument. The Candidate acknowledges having read, understood and agreed to the terms and conditions of this agreement which are set forth in this agreement.
- The Candidate must be willing to sign a confidentiality agreement prior to starting the role.
Agency’s Rights and Obligations
- The Agency serves as a matching servicewhich introduces and matches suitable Candidates to work for Clients with the purpose of effecting introductions between persons desiring to enter into contracts for services.
- The Agency endeavours to establish the suitability of all Candidates for introduction to the Client however all responsibility for ascertaining the suitability of a Candidate for the engagement remains with the Client.
- The Agency will not take responsibility for the Client and Candidates employment contract, though can provide a template upon request. This template is provided as an example only and should not be taken as any indication of any legal responsibility for the employment or contract terms.
- The Agency cannot be under any circumstances held responsible and excludes liability for any loss, delay, damage, problems, inconvenience or costs incurred due to damage to property, death, theft, injuries or accidents (by the Client, the Client’s family, servants or assets) caused directly or indirectly during the employment or introduction of any Candidates. Any losses shall be limited to the Placement Fees paid to the Agency in respect of a placement.
- The Agency does not offer any warranty for the Candidate’s suitability, personality, character, honesty and reliability. The Agency cannot be held responsible for the candidate’s actions at any point and the responsibility for managing and employing the Candidate is solely that of the Client’s.
- The Agency does not employ any of the Candidates directly or indirectly. Candidates are always employed by the Clients and will always be employed by the Clients except in the circumstances where their role is self-employed (limited to child-minders and maternity nurses). Clients are committed to take full responsibility for the supervision, direction and control of the Candidate. The Agency does not take on any management role for Candidates in employment. After an employment contract is signed, all communications between the Client and the Candidate must be done directly. The Agency cannot mediate employment disputes between Client’s and their legal employees – though the Agency will always strive to provide advice and excellent customer service.
- The Agency reserves the right to change or to add to the Terms and Conditions without prior notification, however all changes or additions will be published publicly on our website. It is the Client and Candidates responsibility to check these Terms and Conditions in case of changes. Continued use of our services after a change has been made is your acceptance of this change.
- All details of current fees are published on our website – there are no additional fees.
- The Client Registration Fee is payable immediately upon signing the terms and conditions. No Candidate information, or any other advisory information pertaining to employment, will be provided until this fee is paid.
- All Agency fees are non-refundable.
- Placement Fees are calculated as a percentage of the 1st year’s salary; in cases where the salary increases following a successful probation, the probation salary and the full salary will be calculated for a full year, and the fee measured for this.
- If a Candidate is rejected by the Client (or rejects an offer of employment) the full fee remains payable should the Candidate be subsequently employed by the Client at any time.
- The Placement Fee will be invoiced when the Client and Candidate exchange contracts.
- The Placement Fee invoice must be settled in full within 7 days of issue. Any fees paid after the 7 day grace period are subject to late payment surcharges.
- Discounts applied to Placement Fees are dependant on the invoice being paid on time. Discounts are not applicable to invoices paid late.
- All invoices not settled within 30 days from the invoice date will be passed to the Debt collector which will result in additional charges.
- There is a 50% penalty surcharge subject to any Placement Fee in the case where a Client employs a member of staff introduced by Diamond Private Staff but fails to inform the Agency within 7 days.
- In the case of a temporary position becoming permanent, the Client shall be required to pay the relevant full Agency fee, with a 20% reduction.
- If a Candidate is re-employed by the Client within six months of the termination of the original employment then a further Agency Fee shall be payable by the Client.
- The Client is responsible for a Candidate’s reasonable travelling expenses when properly incurred and evidenced by appropriate receipts. The Client must settle these directly with the Candidate.
- Invoices paid late are subject to late payment surcharges of 2% of the invoice amount per day after the 7 day grace period.
Cancellation of Booking
- A 30% Placement Fee will be payable by the Client to the Agency as a “Cancellation Fee” should the Client withdraw an offer of employment prior to the Candidates start date. Payment will be due within 7 working days of the invoice. One weeks salary is also payable to the Candidate to compensate for loss of earnings.
- Should a Candidate cancel a confirmed and paid booking prior to employment commencement, the Agency will replace this candidate free of charge. Should the Client not wish to accept the replacement candidate, or does not wish to use the Agency to find a suitable replacement, 30% of the Placement Fee can be refunded.
Termination of Employment
- All instances of termination of employment where a replacement is claimed must be notified in writing to the agency within seven days of the termination.
- Should the Candidate leave the employment within 12 weeks from commencement through his/her will, including trial period, the Agency will offer one replacement Candidate free of charge. The Client is eligible to one free replacement Candidate only. Replacement profiles shall be selected based on the information originally provided in the Client’s registration form and will be provided within 2 months of notification. In the case of a significant change in Candidate requirements, the replacement will be subject to a full Placement Fee.
- Should the Candidate be deemed unsuitable for employment by the Client within 12 weeks of the start of employment the Agency will provide a replacement according to the conditions outlined in point 9 of this section.
- The Agency has no responsibility nor obligation to offer a replacement or a refund should the Client find the profiles provided unacceptable.
- The Client is bound by the Equality Act 2010 and cannot refuse a Candidate based on anything other than legitimate grounds.
- The Client will only be eligible for one replacement Candidate under these Terms and Conditions and will not be eligible for any further replacements.
- Should the Candidate leave after twelve weeks of employment, the Agency will guarantee a 20% discount for finding a replacement. This Candidate search and Placement Fee would be subject to the same Terms and Conditions as the original. This 20% discount is applied to the standard placement fees as advertised in the “Fees” section of the website and will not be applied in conjunction with other discounts or offers.
- Should the Client find an alternative replacement Candidate via another source having advised the Agency to commence a replacement search, the Agency is no longer obligated to supply any further replacements.
- The Agency will offer replacements should the following conditions be satisfied:
- The Client has paid the full Registration and Placement Fees in accordance with the Terms and Conditions.
- The Client has notified the Agency in writing of employment termination within 7 days of its issue.
- The reason for termination is in line with the employment contract, eg. Serious misconduct, failure to perform contracted duties etc.
- The Candidate has not cancelled the engagement due to unreasonable requirements by the Client.
- The Client has not changed the employment conditions or duties.
- The Client’s treatment of the Candidate, and their working conditions, were satisfactory. Diamond Private Staff retain the right to make the final decision on this point.
- The Client was not aggressive, physically or verbally, towards the Candidate or Agency.
- The Client completed their legal obligations and can prove this with Pay Slips/Registration documents etc.
Equality and Equal Opportunities Clause
Diamond Private Staff values every individual. We are committed to combatting discrimination and promoting equal opportunities. We seek to create an inclusive, positive workplace that is founded on respect, and that is free from discrimination or prejudice.
Diamond Private Staff aims to safeguard those who may face inequality or harassment due to one or more of the nine ‘protected characteristics’. These are protected from discrimination under equality legislation – the Equality Act (2010). The nine protected characteristics are age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity.
When selecting candidates for recruitment, providing training, organising interviews and introductions, or any other task of this nature, Diamond Private Staff will assess each individual based on their own merits, aptitude, and ability.
Diamond Private Staff makes the following commitments:
- To create an environment in which individual differences and the contributions of all people are recognised and valued.
- To create an environment that promotes dignity and respect for every employee, candidate, and client.
- To not tolerate any form of intimidation, bullying, or harassment, and to discipline those that breach this policy.
- To promote equality in the workplace, which Diamond Private Staff believes is good management practice and makes sound business sense.
- To encourage anyone who feels they have been subject to discrimination to raise their concerns.
- To encourage employees, candidates, and clients to treat everyone with dignity and respect.
- To regularly review our business practices and procedures so that fairness is maintained at all times.
- To make reasonable adjustments for disabled employees, candidates, or clients wherever possible.
All employment policies and arrangements have a bearing on equality of opportunity. This policy and the associated arrangements shall operate in accordance with statutory requirements. In addition, full account will be taken of any guidance or Codes of Practice issued by the Equality and Human Rights Commission, any Government Departments, and any other statutory bodies.
Diamond Private Staff – Complaints Procedure
Diamond Private Staff aims to provide a professional and high-quality service at all times. If we fall short of this aim, we believe in taking steps to try to make things right.
If you are not happy with the organisation, or a particular individual within the organisation, you have the option to make an informal or formal complaint.
Informal complaints can be made directly by phone or in writing. Often we will be able to give you a response right away and seek to resolve the matter on the spot. Outside of business hours or for more complicated complaints, we may take longer to respond but aim to provide an initial response within five business days.
If you are not satisfied with our response and wish to escalate your complaint, formally, you should do so in writing, by post or email, and address your complaint to Jennifer Heald, Managing Director. All formal complaints will be logged and you will receive an acknowledgement within five business days.
In order to help us resolve your complaint in the most effective way, it is helpful if you are able to provide the following information:
- The nature of your complaint or details of the incident
- The date of the incident and those involved (if applicable)
- Where you felt we went wrong, or failed to meet your expectations
- What action you would like us to take
We are committed to investigating your complaint fully and aim to provide you with a response, setting out how we intend to deal with the problem within seven business days from the point of acknowledging your complaint.
If you require a reasonable adjustment to be made as per the Equality Act (2010) for the purpose of making your complaint, please inform us of this at the start of the complaints process.
Website Terms & Conditions
This disclaimer (“Disclaimer”, “Agreement”) is an agreement between Diamond Private Staff (“Website Operator”, “us”, “we”, “agency”, “the business’ or “our”) and you (“User”, “you” or “your”). This Disclaimer sets forth the general guidelines, terms and conditions of your use of the http://www.diamondprivatestaff.com website and any of its products or services (collectively, “Website” or “Services”).
Any views or opinions represented in this Website belong solely to the Content creators and do not represent those of people, institutions or organisations that Diamond Private Staff or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organisation, company, or individual.
Content and postings
You may not modify, print or copy any part of the Website. Inclusion of any part of this Website in another work, whether in printed or electronic or another form or inclusion of any part of the Website in another website by embedding, framing or otherwise without the express permission of Diamond Private Staff is prohibited.
Indemnification and warranties
While we have made every attempt to ensure that the information contained on the Website is correct, Diamond Private Staff is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Website is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Diamond Private Staff, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information on the Website is for general information purposes only and is not intended to provide legal, financial, medical, or any other type of professional advice. Please seek professional assistance should you require it. Furthermore, information contained on the Website and any pages linked to and from it are subject to change at any time and without warning.
We reserve the right to modify this Disclaimer relating to the Website or Services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of this disclaimer
You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing the Website you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorised to use or access the Website.
If you would like to contact us to understand more about this Disclaimer or wish to contact us concerning any matter relating to it, you may send an email to Jennifer@diamondprivatestaff.com
Diamond Private Staff Privacy Notice
Diamond Private Staff (Reg Name: Diamond Private Solutions FZC LLC) is registered at the following address:
The information we hold
In order to carry out our services we collect the following types of personal data:
- Prospective candidate data
- Candidate Data
- Employer or client data
- Data about third parties collected within the recruitment process such as emergency contacts, referees, and dependents.
- Website user data
This information includes:
- Contact details so that we are able to communicate with you or provide employers/ candidates with a means to contact you.
- Employment data such as workplace history, references, and information about your working rights.
- Education and qualification details
- Banking and financial details, for example your bank details for payroll purposes.
- Copies of official documents such as passports and visas
- Relevant health data such as medical conditions required to be declared to a future employer
- Website statistics, cookies and browsing data
How we obtain information and why we hold it
Diamond Private Staff collects personal data directly from candidates via email, our contact forms and candidate registration forms, and from third party recruitment sites and agencies such as Linked In. We may also receive personal data from clients about current employees and placed candidates.
We collect this data for the purposes of fulfilling our contractual requirements. Some of the personal data we collect will be necessary to complete these contractual requirements, other data will be collected to ensure that we are able to operate smoothly and build good working relationships.
Please note that should you decline to provide personal data necessary for us to complete our contractual obligations we may not be able to fulfil our contractual requirements or maintain a relationship.
What we do with the information we hold
We use the personal data we hold to connect candidates and clients, but only with their express permission before each and every communication.
How we store your information
We store your personal data on our recruitment database.
We hold candidate information for 3 years or until such a time as you cease to be registered client with us. In some cases personal data is required to be held, by us, for periods of time exceeding our standard retention policy in order to comply with other legislation. For example, we are required to hold certain financial data for 3 years and safeguarding and DBS checks for 3 years.
When we are no longer required to hold personal data we dispose of it or securely destroy it by…
Your data protection rights
Individuals have certain rights under the GDPR and Data Protection Act 2018, if they are UK or EU citizens.
Under UK data protection law, you have rights including:
Your right of access – You have the right to ask us for copies of your personal information.
Your right to rectification – You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing – You have the right to ask us to restrict the processing of your information in certain circumstances.
Your right to object to processing – You have the the right to object to the processing of your personal data in certain circumstances.
Your right to data portability – You have the right to ask that we transfer the information you gave us to another organisation, or to you, in certain circumstances.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.
How to complain
If you have a complaint regarding your personal data, you should contact us in the first instance.
You can also complain to the ICO if you are unhappy with how we have used your data.
The ICO’s address:
Information Commissioner’s Office
Helpline number: 0303 123 1113