Terms and Conditions of Business for Parents Wishing to Hire Au Pairs
- In these terms of business the following expressions should be given the following meaning:-
‘The Company’ means East Midlands Nannies and Au Pairs. ‘The Client’ means any person who approaches East Midlands Nannies and Au Pairs with a view to engaging or otherwise employing an Au- Pair whom is introduced by East Midlands Nannies and Au Pairs.
‘The Au Pair’ means the person introduced by East Midlands Nannies and Au Pairs to the Client to be considered for an Engagement.
‘Engagement’ means the employment of the Au Pair.
- All and any business undertaken by East Midlands Nannies and Au Pairs is transacted subject to these Terms, all of which shall be incorporated into any agreement between East Midlands Nannies and Au Pairs and the Client. No variation in these Terms shall be valid if made without the written consent of East Midlands Nannies and Au Pairs.
- Completion of a Client Registration Form and/or the Engagement of Au Pair introduced by East Midlands Nannies and Au Pairs shall (whichever first occurs) be deemed acceptance of an agreement to these terms.
- In these terms of business the following expressions should be given the following meaning:-
- Obligations of East Midlands Nannies and Au Pairs
- East Midlands Nannies and Au Pairs will use reasonable endeavours to introduce to the Client a suitable Au-Pair in accordance with the requirements set out in the Client Registration Form. The Client accepts that no warranty as to the suitability of the Au Pair has been given by East Midlands Nannies and Au Pairs.
- Obligations of the Client
- The Client will not engage the services of other Au Pair agencies during an active search but will engage East Midlands Nannies and Au Pairs as their sole agents. The agency has the right to withdraw services and reduce the value of any refunds due in the event that the Client is found to be using multiple agencies or alternative methods of sourcing an au pair.
- The Client will inform East Midlands Nannies and Au Pairs if they will be out of contact for a period of time during the search for an au pair. It is essential for the client to respond in a timely manner to requests for information or updates from the agency. If the client fails to return all calls, emails or other requests within a week, then it will be assumed that the services of the agency are no longer required and the client will be removed from the active list.
- The Client will provide East Midlands Nannies and Au Pairs with a suitable letter of invitation for presentation at immigration and for obtaining a visa and entry into the United Kingdom.
- The Client must satisfy itself of the suitability of any Au Pair for the purposes of the vacancy for which the Au Pair is introduced. Without prejudice to the generality of the foregoing, it is for the Client to check the validity of any references, and to the Client to ensure that the Au Pair is capable of operating any equipment and/or machinery to the necessary levels. An Au Pair is not a qualified and trained nanny.
- The Client undertakes that in the event of the Client effectively introducing (directly or indirectly) any Au Pair to another person, firm or corporation, resulting in an Engagement by the person, firm or corporation the Client shall pay to East Midlands Nannies and Au Pairs an introduction fee in accordance with clause 4 hereof, unless the Engagement occurs more than six months after the introduction of the Au-Pair to the Client by East Midlands Nannies and Au Pairs.
- The Client shall advise East Midlands Nannies and Au Pairs of any change in circumstances or variation as to the requirements set out on the Client Registration Form.
- In the case of the cancellation of any Engagement by the Client, half the full fee will be payable to East Midlands Nannies and Au Pairs with respect to that applicant and any travel expenses that the applicant has incurred shall be payable by the Client.
- The fee must be paid by the Client by credit card on verbal acceptance of the au pair. The Company is unable to confirm the introduction of an Au Pair until payment is received in full.
- East Midlands Nannies and Au Pairs offers a guarantee of four weeks. This means that if the Au Pair or Client terminates the Engagement and the Au Pair is no longer employed with just cause within four weeks of the date of commencement of employment, every effort will be made to find a replacement Au Pair at no extra charge. No additional fee will be made to this on the basis that there has been no material deviation from the requirements set out in the Client Registration Form. The Client must advise East Midlands Nannies and Au Pairs of the reason for dissatisfaction with the Au Pair within the 28 day period. If no suitable replacement can be found, a full refund will be given minus a £95 administration fee. Only one such replacement is due per introductory fee paid. This excludes Au Pair placements for up to 3 months (summer Au Pairs).
- Should the Au Pair fail to take up the position, a replacement will be found by East Midlands Nannies and Au Pairs or a full refund given.
- The replacement guarantee operates provided that the account has been settled in full by the Client in accordance with these Terms and Conditions.
- No refund will be given where the client retains the services of an Au Pair, even though the client consider the Au Pair unsatisfactory.
- In the event that the position fails within the guarantee period then the client agrees that East Midlands Nannies and Au Pairs will act as sole agent to find a suitable replacement within 4 weeks. If the client is found to have been using multiple agencies or alternative sources, then no refund will be given.
- The agency fee paid is for an au pair staying “up to a year”. The fee remains the same regardless of how long the au pair actually stays over the 4 week guarantee period. In the event of a very early departure, contrary to what was agreed with the au pair, the agency may offer a discretionary discount as a gesture of goodwill.
- Termination by either the Au-Pair or the Client may be by two weeks notice by either party.
- Liability and Indemnity
- Neither East Midlands Nannies and Au Pairs nor any of its staff shall be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with and/or any act of the Au-Pair.
- In consideration of East Midlands Nannies and Au Pairs entering into an agreement with a Client, into which these Terms are incorporated, whereby East Midlands Nannies and Au Pairs introduces an Au-Pair to the Client, the Client hereby undertakes to indemnify East Midlands Nannies and Au Pairs in respect of any and all liability of East Midlands Nannies and Au Pairs for any loss, injury, expense or delay suffered or incurred by the Au-Pair howsoever caused. Provided that this indemnity is given only in respect of any such loss, injury, damage expense or delay caused during or arising directly or indirectly out of or in any way connected with an Engagement.
- The Client acknowledges that the limitations and exclusions of the obligations and liabilities of East Midlands Nannies and Au Pairs set out herein are reasonable and reflected in the fee payable to the Company hereunder and shall accept risk and/or insure accordingly.
Safety and data protection
East Midlands Nannies and Au Pairs comply fully with the Data Protection Act 1988, regarding the personal information we collect from you and how it is used within the business. The Act states that anyone who processes personal information must comply with eight principles. These state that information must be:
- Fairly and lawfully processed
- Processed for limited purposes
- Adequate, relevant and not excessive
- Accurate and up to date
- Not kept for longer than is necessary
- Processed in line with individuals’ rights
- Not transferred to other countries without adequate protection
East Midlands Nannies and Au Pairs use a secure, UK based server. We collect information from you that is only relevant to the introduction process of nannies and au pairs to families, allowing us to introduce relevant applicants or positions for you to consider. The information is only disclosed to selected members of our staff team, to carefully selected partner agencies as part of the application process, and as part of the secure fee payment procedure. By using our website you are giving us permission to use your information in this way. East Midlands Nannies and Au Pairs will never disclose your information to other parties without your permission unless we are legally required to do so.
East Midlands Nannies and Au Pairs choose our partners with care and where possible we have partnered with sites and agencies who show the same commitment to security. However, we cannot be responsible for their policies, even if you access them using links from our website and recommend that you check each site you visit.
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