Terms & Conditions for Families

TERMS AND CONDITIONS

1. DEFINITIONS

“Client”	means a person who appoints the Agency to introduce them to a Candidate;
“Candidate”	means a person (an Au pair or Au pair plus or Nanny) introduced by the Agency for an Engagement;
“Agency”	means Goodaupairs Ltd, Suite 404, Albany House, 324-326 Regent Street, London, W1B 3BL;
“Full Driving Licence”	means a driving licence issued by an EU Member State;
“Introduction”	means the passing of information that identifies the Candidate and results in an Engagement of that Candidate by the Client;
“Engagement”	means that the Candidate has accepted a place offered by the Client;
“Invitation Letter”	means a letter from the Client which invites the Au Pair Candidate or Au Pair Plus Candidate to take up an Engagement with the Client.

“Employment Contract”

means an employment contract under UK Law if the Client is based in the UK or if not UK based, then the Law of the Jurisdiction in which the Client resides and the Nanny Candidate will be based.

2. GENERAL

1.	The submission of an application form or any other verbal or written instruction by the Client to the Agency to provide suitable Candidates for contact or interview shall constitute acceptance of these terms and conditions.
2.	These terms and conditions relate only to the Introduction by the Agency and do not form the part of any contract between the Client and the Candidate.
3.	The Agency acts as an Agent for introductions and does not employ Candidates.
4.	The Client confirms that all information supplied to the Agency is honest, correct and complete. By providing the data the Client consents to the Agency processing the data in compliance with the UK Data Protection Act.
5.	All information provided to Clients is confidential. If the Client decides not to invite a Candidate then the Client is obliged to destroy any information in relation to this Candidate provided by the Agency. If the Client directly or indirectly transfers information supplied by the Agency and this results in the Engagement of a Candidate by a third party, then the Client will be liable to pay the full fee for that Engagement.
6.	The Agency has the right to refuse to represent a Client at any time.
7.	The Agency reserves the right to change or add to the terms and conditions without prior notification.

3. SERVICES PROVIDED BY THE AGENCY

8.	The Agency supplies details of selected Candidate(s) to the Client.
9.	The Agency will liaise with the Client and the Candidate to facilitate an Engagement.
10.	The Agency provides suggested interview questions and a sample contract for the convenience of the Client but cannot be held liable for this.
11.	If no suitable Candidates are available at the time of registration, then the Client will be informed and details will be provided as soon as possible.
12.	The Client can interview some or all of the Candidates supplied.

4. CLIENT RESPONSIBILITIES WHEN ENGAGING AN AU PAIR CANDIDATE OR AU PAIR PLUS CANDIDATE

13.	It is the responsibility of the Client to be satisfied as to the suitability of the Candidate.
14.	It is the responsibility of the Client to behave in a responsible and reasonable way towards the Candidate.
15.	The Client must accept the obligations of a host family when engaging an Au Pair Candidate or Au Pair Plus Candidate. If the Client fails to comply with the ‘obligations of a host family’ when engaging an Au Pair or Au Pair Plus the Agency reserves the right not to replace.
16.	In the event of an Engagement of an Au Pair or Au Pair Plus Candidate the Client will pay the placement fee as specified in clause 21 and send an Invitation letter to the Agency, which will be sent directly to the Au Pair Candidate or Au Pair Plus Candidate. The Agency will instruct the Candidate to book her travel arrangements only upon receipt by the Agency of the Invitation Letter and placement fee.
17.	The Agency will e-mail the Client with an invoice for the placement fee attached to the email and payment will be executed according to the options made available. The Client must ensure that sufficient funds are available. A Paper invoice will be available on request only.
18.	The Client must ensure sufficient funds are available to settle the placement fee and to pay weekly pocket money to the Au Pair Candidate or Au Pair Plus Candidate. Any related charges are payable by the Client.

5. OBLIGATIONS OF A HOST FAMILY WHEN ENGAGING AN AU PAIR CANDIDATE OR AU PAIR PLUS CANDIDATE

19.	To provide the Au Pair Candidate or Au Pair Plus Candidate with:
	•	A written agreement signed by both parties prior to or on the start date in line with role agreed with the Agency (the Agency can provide a sample agreement on request)
	•	Time to settle in, with your guidance, training and support
	•	Clear written guidance on what is expected in line with role agreed with the Agency
	•	Furnished room for the Candidate’s own and exclusive use with full board, including on days when the Candidate does not work or is ill
	•	Pocket money paid weekly (according to contract with the Candidate)
	•	Time-off and support to attend appropriate language classes
	•	A warm welcome as part of the Family, including airport collection or collection from an agreed railway station on arrival
	•	A minimum of one week's paid holiday for every six months with the Family
	•	Two weeks paid notice (live-in)
	•	A few driving lessons/driving assessment (at the expense of the Family) if the Candidate is required to drive
20.	If the Au Pair or Au Pair Plus Candidate stays for more than three months, the Candidate should be registered with a Doctor. In the UK, treatment is usually free of charge for EU Candidates.

6. CLIENT RESPONSIBILITIES WHEN ENGAGING A NANNY CANDIDATE

21.

If the Client engages a Nanny, the Client is responsible for agreeing pay and conditions with the Nanny Candidate prior to agreeing to the engagement. The Client warrants that conditions relating to Pay, Tax, National Insurance if based in the UK, Working Hours, Accommodation, Notice and Grievances, shall be notified in writing and clearly set out in an employment contract as required under UK Employment Law to the Nanny Candidate upon engagement.

22.

The Client agrees to notify the Agency immediately if an engagement has been agreed with one of the Agency's Nanny Candidates. The Client agrees to pay the Agency the placement fee prior to the commencement of the start date.

7. PLACEMENT FEES

23.	In the event of an Engagement of an Au Pair or Au Pair Plus Candidate the relevant fee is payable to the Agency by the Client:
	Summer placements (Less than 3 months)	£125
	Short-term placements (Between 3 and 6 months)	£250
	Long-term placements (Any period in excess of 6 months)	£375

24.	In the event of an Engagement of a Nanny Candidate the relevant fee is payable to the Agency by the Client:
	Short-term placements (Less than 6 months)	£275
	Long-term placements (Any period in excess of 6 months)	£495

7. REFUNDS AND REPLACEMENTS

25.	The Au Pair Placement fee for Long-term and Short-term but not Summer placements includes a FREE 30 day replacement guarantee. Any fee for a Nanny Placement of 2 months or longer also includes a FREE 30 day replacement guarantee.
26.	In the event of a Candidate leaving during the first 30 days of the placement (the "guarantee period"), either for personal reasons or due to unsuitability, the Client must notify the Agency in writing immediately stating the reasons.
27.	A Candidate who holds a full driving licence and fails to meet the driving standards expected by the Client will not constitute a reason for a refund or replacement.
28.	The Agency cannot guarantee that a suitable Candidate is available for immediate replacement but existing Clients are always given priority. A replacement is offered on a like-for-like basis. Should no suitable replacement be offered within 30 days of written report, a refund may be applied for. Refunds/replacements are subject to punctual payment of the full Placement fee. No refunds are payable where the Client requests that no replacement be found. Unreasonable rejection of replacement candidates may result in delays and will not entitle the Client to a refund. If there are reasonable grounds to consider either breach of contract (see Client Responsibilities) or the Client’s treatment of the Candidate to be unsatisfactory or material deviation from the role agreed with the Agency, no refund or replacement will be offered.
29.	Upon expiry of the 30 day guarantee period it is agreed that the Engagement is satisfactory and that the Agency’s obligations have been fulfilled. If the Candidate leaves after the guarantee period, no refund will be given and the Agency’s Placement fees will apply for further placements.

8. CANCELLATIONS

30.	In the unlikely event that the Candidate decides to cancel after initial acceptance the Agency will find a replacement as per the replacement guarantee. If the Client decides to cancel after the Candidate has accepted, the Placement fee still applies. No refund can be made should the Client retain the services of a Candidate considered unsuitable by the Client.
31.	If the Client cancels an Engagement after it has been confirmed the following refunds will apply:
	(i)	After the Candidate has confirmed the Engagement but before the Candidate has purchased a ticket to travel – 50% of the Placement fee will be refunded;
	(ii)	After the Candidate has confirmed the Engagement and after the Candidate has purchased a ticket to travel – No fee will be refunded.

9. DATA PROTECTION NOTICE

32.

The Agency will use the information provided by the Client to carry out our service to find a suitable Candidate. The Agency may disclose the Client’s information for this purpose to potential candidates who in our opinion meet the Client’s requirements. The Client has consented to the Agency disclosing and processing sensitive personal data, including health information, nationality, religion, etc. about the Client’s Family where this is necessary for the Agency to provide its services to the Client through the submission of an application form or any other verbal or written instruction by the Client to the Agency.

10. LIABILITY

33.	The Agency will use reasonable endeavours to ensure the integrity and suitability of the Candidate but cannot guarantee the accuracy of references and personal details supplied by the Candidate to the Agency. The Agency does not accept responsibility for any loss, damage, expense, injury or inconvenience resulting from an introduction. The Agency advises both the Candidate and the Client to take out appropriate insurance.
34.	The Agency shall not be responsible or liable for any breach by the Candidate of the terms of engagement or for any other act or omission whether wilful, negligent or otherwise.
35.	If a Candidate is required to drive, then the Agency will use reasonable endeavours to find such a Candidate and to establish that the Candidate holds a full driving licence. The Agency does not accept any responsibility for a Candidate’s driving ability.
36.	The Agency shall not be responsible for any accident or incident that may happen to the Candidate by any person or be caused by the Candidate to any person.
37.	These terms are subject to English law and to the exclusive jurisdiction of the English courts. If any part of these conditions is held to be illegal, invalid or unenforceable in any respect such invalidity, illegality or unenforceability shall not prejudice the effect of the rest of these conditions to the extent that they are valid, legal and enforceable.

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