General Terms and Conditions

Language and Prevailing Version

This English text is a translation provided solely for the Client’s information. The contract is concluded in Spanish. In the event of any discrepancy between the two versions, or any doubt as to interpretation, the Spanish version shall prevail. The Spanish version is available at mimucama.es/condiciones-generales-agencia.

Parties

These general terms and conditions govern the agency intermediation service provided by Mimucama Intermediación, SL (hereinafter, Mimucama), with tax identification number (NIF) B13963244 and address at Avda. Guadalix, 7, 28120 Santo Domingo, Madrid, registered in the Madrid Commercial Registry, volume (tomo) 45.350, folio 189, section 8, sheet (hoja) M-797782, telephone 91 622 21 42 and email info@mimucama.es, a placement agency authorised by the Spanish Public Employment Service (Servicio Público de Empleo Estatal, SEPE) under number 1300000335, to the person who accepts them by means of the form on this page (hereinafter, the Client).

Acceptance of these conditions takes place by completing the form on this page and ticking the corresponding boxes. Before submitting it, the Client may review and correct the data entered. Mimucama keeps the electronic document of the acceptance and sends the Client, by email and immediately, a full copy of the accepted conditions with the date and time of acceptance. The contract is concluded in Spanish.

Purpose of the Service

Mimucama provides services as an intermediation agency in selection processes for domestic workers for domestic service.

The Client may commission the selection for their own household or for that of a family member. In both cases the employment contract is concluded between the employer and the selected person; Mimucama is not a party to that employment relationship and does not assume the employer’s obligations (contract, registration with the applicable social security system, salary and working conditions). Where the employer is a family member, the Client is answerable to Mimucama for compliance with these conditions.

For the purposes of these conditions, the position is deemed to be located at the place where the worker will habitually provide their services, as notified by the Client when commissioning the selection and confirmed in the hiring agreement. Temporary travel with the family, such as holidays or stays in a second home, does not change the location of the position; where the selection is only for a season in a specific place, the position is deemed to be located in that place. If, after the worker’s start, the place of work is relocated on a permanent basis, the position shall be deemed modified and the service guarantee shall be extinguished. Where the position is located outside Spain, the employment contract, the registration and the employer’s other obligations are governed by the legislation of the country of destination and are the responsibility of the employer, who may seek the assistance of an adviser in that country; Mimucama does not handle those formalities.

Provision of the Service

Mimucama will preselect candidates on the basis of the profile, working conditions and remuneration previously agreed with the Client and will present these candidates online and/or in person in order to facilitate personal job interviews.

Mimucama does not guarantee a minimum number of candidates or a time frame for their presentation, which depend on the profile and on the conditions offered. The Client undertakes to provide truthful information about the position, to ensure that the conditions offered comply with the employment legislation applicable to domestic employment, and to inform Mimucama diligently of their decision on each candidate interviewed.

Accrual of Fees

Holding interviews with the candidates preselected by Mimucama shall not give rise to the accrual of any agency fees.

Agency fees shall accrue at the moment a firm employment agreement is reached between the Client and any of the candidates presented by Mimucama online and/or in person, regardless of the scheduled start date.

The hiring agreement is deemed to have been reached when the Client informs Mimucama, by any means, written or verbal, of their decision to hire a presented candidate and the candidate accepts it, or, failing that, when the employment contract is signed or registration with the applicable social security system is processed, whichever occurs first. The Client undertakes to inform Mimucama of that decision, the agreed remuneration and the start date.

Special selection processes. Before starting a process, wherever the position is located, Mimucama may propose to the Client that it be handled as a special process when the requested profile, the conditions offered or the location present a particular difficulty. The proposal may be made by any means, including by telephone, and shall state the reason and the amount of the advance payment. The process shall only be special if the Client accepts the proposal and pays the advance. If the Client does not accept it, they shall not pay the advance and either party may terminate the assignment at no cost. A process started as ordinary shall not become special without the Client’s express acceptance. In special processes, launching the selection requires an advance payment of 50% of the fees, plus the applicable VAT, calculated on the one month’s salary initially agreed for the position. If during the process the Client accepts a different remuneration for the position, the fees shall be calculated on the remuneration finally agreed and the difference, upwards or downwards, shall be settled in the final invoice. The advance remunerates the search work, is deducted from the fees when the hiring agreement is formalised and is non-refundable. If the process ends without a hiring agreement having been reached with any of the candidates presented by Mimucama, the Client shall retain the advance as a credit balance in their favour. The process shall be deemed concluded when either party so notifies the other or, failing that, once one month has elapsed since the last presentation of candidates without the Client having requested new ones. The credit balance may be applied as a payment on account of the fees for any new selection process, special or ordinary, that the Client commissions during the twelve months following the conclusion.

Price of the Service

Agency fees are set at the amount of one month’s salary plus the applicable taxes (VAT in force in Spain, also where the position is located abroad).

For the purposes of calculating the agency fees, one month’s salary shall be the amount of the gross monthly salary paid in 13 instalments (equivalent to the annual gross salary divided by 13), irrespective of any other arrangements that may be agreed for the distribution of the extra payments.

Where the position is located outside Spain, one month’s salary shall be the net monthly salary agreed in 12 instalments, net meaning the amount actually received by the worker each month after deduction of the contributions and taxes applicable in the country of destination (equivalent to the annual net salary divided by 12). If the salary is agreed in a currency other than the euro, it shall be converted at the reference exchange rate published by the European Central Bank on the date of the hiring agreement or, for the advance payment in special processes, on the date on which it is invoiced.

Where the agreed weekly working hours are fewer than 20, the agency fees may not be lower than the equivalent of the gross monthly salary for half-time work, calculated in 13 instalments, according to the Spanish statutory minimum wage (SMI) in force on the date of the hiring agreement, plus the applicable taxes (VAT). This minimum also applies to the advance payment in special processes.

The fees do not include the expenses of the worker’s journey to the place of work to take up the position. Where the position is located outside the Community (region) of Madrid, those expenses shall be borne by the Client, including those of any candidate who starts as a replacement under the service guarantee or after a failed start.

Method of Payment

Agency fees shall be paid in two payments: the first, of 50%, when the hiring agreement is reached with a candidate presented by Mimucama, and the second, for the remaining amount, no later than the day on which the worker takes up the position. In special selection processes, the first payment is the advance, which is paid before the search begins, and the second, for the difference up to the full amount of the fees once any adjustment provided for those processes has been made, is paid no later than the start date. Mimucama shall issue an invoice for each of the two payments. Fees paid are non-refundable, without prejudice to the provisions on the service guarantee, the credit balance in special processes and the right of withdrawal.

If the start does not take place for reasons attributable to the Client, the accrued fees shall be paid in full on the scheduled start date.

Service Guarantee

Mimucama guarantees its selection and employment intermediation service, from the worker’s start date, for 12 months, with a limit of three starts, including the initial one, where the position is located in the Community of Madrid, and for 6 months, with a limit of two starts, including the initial one, where it is located outside the Community of Madrid, in the rest of Spain or abroad. During the guarantee period Mimucama undertakes to carry out —at no additional cost to the Client— the selection process for new candidates with the same profile initially agreed with the Client in the event that the persons who start in the position leave it permanently, whether at the will of the employer (dismissal by the employer) or at the will of the workers (voluntary resignation).

If the candidate with whom the agreement was reached does not take up the position for reasons not attributable to the Client, Mimucama shall carry out a new selection with the same profile at no additional cost, even if the fees have not yet been paid in full. The outstanding amount of the fees shall be paid no later than the day on which the candidate who finally fills the position starts; the guarantee period shall run from that start, and the failed start shall not count towards the limit of starts.

To make use of the guarantee, the Client shall notify Mimucama of the departure by email to info@mimucama.es within fifteen days of its occurrence; if that period elapses without notification, the Client shall be deemed to have waived the replacement for that departure. The guarantee period runs from the first start and does not restart with replacements. The guarantee requires that the agency fees have been paid in full and that the employer has complied with the working conditions agreed during the process (remuneration, working hours and registration with the applicable social security system); it does not cover departures resulting from the employer’s non-compliance or those occurring after the profile of the position has been modified without agreement with Mimucama.

Right of Withdrawal

If the Client contracts as a consumer, they have fourteen calendar days from the acceptance of these conditions to withdraw from the service without giving any reason, by notifying Mimucama by email to info@mimucama.es or in writing to the address indicated. For this purpose the Client may use, although it is not mandatory, the following model: “For the attention of Mimucama Intermediación, SL, Avda. Guadalix, 7, 28120 Santo Domingo, Madrid, info@mimucama.es: I hereby give notice that I withdraw from the contract for the intermediation service accepted on [date]. Name: […]. Address: […]. Date: […]”. By accepting these conditions, the Client expressly requests that Mimucama begin the selection service during the withdrawal period. As long as no hiring agreement has been reached, no fees accrue, so withdrawal is free of charge, except in special selection processes. In those processes, the Client, by accepting the proposal for a special process and paying the advance, expressly requests that the search begin immediately. The advance remunerates the launch of the process —the definition of the profile, the preselection from Mimucama’s candidate database and the first contacts—, which Mimucama carries out from the moment it receives the advance and which constitutes the main part of the search work. If the Client withdraws once the search has begun, the advance is not refunded in cash: it is kept as a credit balance in their favour under the same conditions as those set out in the section Accrual of Fees. If the Client withdraws before paying the advance, they shall owe nothing. Once the hiring agreement has been reached with a presented candidate, the service is deemed to have been fully performed and the accrued fees are non-refundable.

Data Protection

The controller of the data that the Client provides on this page is Mimucama Intermediación, SL. The data are processed in order to manage the acceptance of these conditions, provide the selection service and issue the corresponding invoices, on the legal basis of the performance of the contract and compliance with legal obligations. They shall be kept for as long as the relationship lasts and, thereafter, for the limitation periods of the liabilities arising from the contract. The Client may exercise their rights of access, rectification, erasure, objection, restriction and portability by writing to info@mimucama.es, and may lodge a complaint with the Spanish Data Protection Agency (AEPD). Further information is available in the privacy policy.

The data of the candidates that Mimucama provides to the Client are supplied solely for the purpose of assessing whether to hire them. The Client undertakes to treat them confidentially, not to disclose or disseminate them, and to delete them once the process has concluded, except those of the candidate hired.

If, in order to define the position, the Client communicates health data or other specially protected information about the persons who are to be cared for, the Client expressly consents to Mimucama processing them for the sole purpose of tailoring the selection.

Applicable Law

These conditions are governed by Spanish law. Any dispute shall be heard by the courts having jurisdiction under the law and, where the Client contracts as a consumer, by those of the Client’s domicile.

Mimucama does not adhere to any alternative consumer dispute resolution scheme. The Client has access to the official complaint forms (hojas de reclamaciones) of the Community of Madrid, which may be requested from info@mimucama.es, and may contact the Municipal Consumer Information Office (Oficina Municipal de Información al Consumidor) of their municipality or the Directorate-General for Trade and Consumer Affairs of the Community of Madrid (Dirección General de Comercio y Consumo de la Comunidad de Madrid).

These conditions apply to selection processes commissioned from their publication on this page onwards. Processes commissioned under a previous version, including their guarantees in progress and the credit balances already generated, continue to be governed by the version that the Client accepted.

Intermediation Clause

The Client undertakes to respect Mimucama’s intermediation with regard to the candidates that Mimucama presents to the Client, whether online or in person. Candidates whose profile Mimucama has sent to the Client are deemed to have been presented, whether or not they have attended an interview.

For as long as the selection process lasts, the Client undertakes not to ask the presented candidates for telephone numbers, email addresses or any other contact details, not to make them job offers, and to channel any communication with them exclusively through Mimucama.

If the Client, the employer for whom the selection was commissioned or any person living in that household hires a candidate presented by Mimucama without Mimucama’s intermediation, within the twelve months following the presentation, the hiring arises from the service provided by Mimucama and shall give rise to the full agency fees provided for in these conditions, calculated on the remuneration actually agreed or, if this is not proven, on the remuneration initially agreed for the position.

Accept the Conditions in Order to Hold the Interviews

Acceptance of these General Terms and Conditions of the Agency Intermediation Service is required in order to interview the candidates presented by Mimucama.

How to Accept These Terms

The terms are accepted on the Spanish page, which contains the acceptance form and is the binding version: accept the general terms and conditions (Spanish page). For reference, these are the texts of that form in English:

• Full name*
• DNI, NIE or passport number*
• Passport country
• Address*
• Postcode*
• Town/City*
• Email*
• Telephone*
• I have read and accept Mimucama’s general agency terms and conditions in their Spanish version, which is the binding version, and I have been able to read the English translation provided for information
• Data controller: Mimucama Intermediación, SL. Purpose: to manage the acceptance of these conditions and to provide the selection service. Rights: access, rectification, erasure and the other rights recognised by law, by writing to info@mimucama.es. Further information in the privacy policy.
• I expressly request that Mimucama begin the selection service during the withdrawal period and I acknowledge that, once the hiring agreement has been reached with a presented candidate, the service will have been performed and I will lose my right of withdrawal.