Terms & Conditions:
Terms and Conditions of Business for Au Pairs
1. General
- 1.1 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. - 1.2 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 .
- 1.3 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.
2. Obligations of East Midlands Nannies and Au Pairs
- 2.1 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.
3. Obligations of the Client
- 3.1 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.
- 3.2 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.
- 3.3 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.
- 3.4 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.
- 3.5 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.
4. Fees
- 4.1 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.
- 4.2 East Midlands Nannies and Au Pairs offers a guarantee of two 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 two 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 14 day period. If no suitable replacement can be found, a full refund will be given minus a £75 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)
- 4.3 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.
- 4.4 The replacement guarantee operates provided that the account has been settled in full by the Client in accordance with these Terms and Conditions.
- 4.5 No refund will be given where the client retains the services of an au pair, even though the client consider the au pair unsatisfactory.
5. Termination
- 5.1 Termination by either the Au-Pair or the Client may be by one week notice by either party.
6. Liability and Indemnity
- 6.1 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.
- 6.2 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.
- 6.3 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.
