Au Pair in England: Family Application

Definitions:

"the Aupair"
means the Aupair found by our agency, Language Studies Network Ltd and who is the person will work for the family

"We" and "Us" and "the Agent" and "Au Pair in England"
means Language Studies Network Ltd, London, England.

"You" and "Your" and "the Employer"
means the family who applies to Language Studies Network Ltd to locate an Aupair on their behalf

1. Introduction
These terms and conditions constitute the entire agreement between Us "the Agent" and the client "the Employer".

2. Registration
Before finding an Aupair, You are required to send our registration form which sets out your requirements. We will use the information supplied in the registration form as the basis of finding you an Aupair. On submitting the registration form you are agreeing to accept these terms and conditions.

3. Fees
We charge a Placement fee for placing the Aupair with You.

3.1. The Au Pair Placement Fee is £350

3.2 The Placement Fee for Summer Au-Pairs only is £ 170.00

3.3 The Placement Fee for Au Pair Couples is £ 450.00

3.4 All our fees include a minimum administration fee of £95.00

3.5. We are in constant contact with the Aupairs We recommend. All details concerning the Aupair which are passed to You by Us or directly by the Aupair following introduction by Us are confidential. If You transfer or pass on the name and details of an Aupair to any other person resulting in an engagement of the Aupair, You will be liable for the Placement Fee. As soon as we are notified of the engagement, We will invoice You for the Placement Fee due which will be payable within 7 days of the invoice date.

3.6 For the summer placements, if the Aupair remains with You after the original contract term, either by arrangement with Us or by private agreement with the Aupair, then the balance of the fees are payable to Us as if the placement had been originally contracted to Your family and the same rebate scale will apply.

4. Terms of Payment
The Placement Fee must be paid in full when You engage the Aupair and the Aupair accepts your offer. We accept cheques, postal order and cash. We will send You an invoice once the Aupair has accepted the position.

5. Refund and Replacement Policy
5.1. We are committed to matching the right Aupair to each family's individual needs. However, If the Au Pair leaves or is asked to leave in the first 8 weeks of their start date, such start date as confirmed to You in writing by Us, We will endeavour to provide a replacement Aupair at no additional cost to you as soon as possible, provided that;

5.1.1. You have complied with these Terms of Business;
5.1.2. Your circumstances have not changed;
5.1.3. There are no monies outstanding; and
5.1.4. You inform Us within 2 business days of the Aupair leaving

5.2 Should the Au-Pair leave within 56 days of placement, We will use its best endeavours to offer a replacement. The suitability of the Replacement Aupair will be based on the information provided by You to Us on the registration form and who in Our opinion is the best match for You from the Aupairs on Our database.

5.3 We will use Our reasonable endeavours to find a Replacement Aupair as soon as possible but may not be able to do so immediately. However, within 3 weeks of the Aupair leaving You a Replacement Aupair cannot be found, We will offer You a refund as follows:

5.3.1 Where the Aupair was in the placement for a period less than or equal to 2 weeks: £ 255.00

5.3.2 Where the Aupair was employed for a period between 3 weeks and 8 weeks: £100.00

5.3.3 If the Aupair continues in Your employment for a period exceeding 8 weeks from their start date, no refunds will be made.

5.4. Should You decide to cancel the Aupair once an engagement has been confirmed, You will be liable for a £95 administration fee plus any claims for unnecessary travel expenses incurred by the Aupair. In the unlikely event of the Aupair not arriving for any reason, a replacement Aupair will be provided or a refund less £95 administration fee will be given.

5.5. No further replacement or refund will be offered if the replacement Au Pair's engagement is terminated for whatever reason.

5.6. We do not offer refunds/replacements for Summer Au Pairs.

5.7. We do not offer refunds/replacements if the Au Pair departure is a result of misconduct on the part of the family, ie. too many working hours, heavy houseworks, no free days.

6. Liability
6.1 We endeavour to ensure the integrity and suitability of the Aupair but cannot guarantee the accuracy of references or personal details supplied by the Aupair to Us.

6.2. We shall not offer any warranty as to the character or capability of the Aupair chosen by You.

6.3 We shall not be responsible or liable under any circumstances for any loss, damage, expense, injury or inconvenience suffered or incurred by You in offering or providing the placement to the Aupair.

6.4 We must emphasize that aupairs are NOT nannies that have qualifications for childcare and aupairs often have limited childcare experience. In the event that You decide to leave the Aupair in sole charge of a child or children it is Your sole responsibility.

6.5 We shall not be responsible for any breach by the Aupair of any agreed terms of engagement or for any other act or omission whether wilful, negligent or otherwise.

6.6 The Aupair is at no time directly or indirectly employed or engaged by Us. We act as an introducer only between You and the Aupair. You acknowledge that You will be responsible for all payments due to the Aupair whilst the Aupair is engaged by You. You agree to indemnify us if we are held liable to make any such payments to the Aupair by any external agency in respect of the Aupair's engagement.

7. Accidents
7.1 We shall not be responsible for any accident or incident that may happen to an Aupair by any person or be caused by an Aupair to any person.

8. Your Warranties
8.1 You confirm that all information supplied by You, both in the application form and otherwise, is complete and correct.

8.2 You will comply with these terms and conditions and make all payments in accordance with these terms and conditions.

8. 3. You will at all times behave in a responsible, reasonable and caring way towards the Aupair.

8.4. If the Aupair is asked to leave, two weeks written notice must be given. During that period, board and lodging must continue to be provided and pocket money paid. In case of serious misconduct by the Aupair, You may terminate the engagement with immediate effect but shall be responsible for providing appropriate accommodation for 3 days from the date of termination.

8.5. The Aupair must be given one week's paid holiday for every six months (26 weeks) the Aupair is with you. If The Aupair doesn't take this holiday, one extra week's pocket money should be given instead. The Aupair must be paid her pocket money as usual if left alone in the home whilst the family are on holiday. (Food and heating etc must continue to be supplied.)

8.6. Any documents sent to you regarding an Au Pair are confidential and entrusted to you on loan. If you decide not to invite an applicant you must return all documents to Us straight away.

9. Third Party Claims
9.1 No third party shall acquire any rights under these terms and conditions.

10. DATA PROTECTION NOTICE
WE WILL USE THE INFORMATION PROVIDED BY YOU TO CARRY OUT OUR SERVICE OF MATCHING YOU WITH A SUITABLE AU PAIR. WE MAY DISCLOSE YOUR INFORMATION FOR THIS PURPOSE TO OUR AGENTS OR POTENTIAL AUPAIRS WHO IN OUR OPINION MEET YOUR REQUIREMENTS AND YOU HAVE CONSENTED TO US DISCLOSING THE INFORMATION.

BY SIGNING OUR REGISTRATION FORM, YOU CONSENT TO OUR PROCESSING SENSITIVE PERSONAL DATA ABOUT YOU WHERE THIS IS NECESSARY FOR THE PURPOSES DESCRIBED ABOVE, FOR EXAMPLE HEALTH INFORMATION, NATIONALITY/RACE AND RELIGION.

YOU HAVE A RIGHT TO ASK FOR A COPY OF THE INFORMATION WE HOLD ABOUT YOU (FOR WHICH WE MAY CHARGE A SMALL FEE) AND TO CORRECT ANY INACCURACIES IN YOUR INFORMATION.

11. Governing Law
11.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and the Parties irrevocably submit to the exclusive jurisdiction of the English Court.

* Au Pair in England is a division of Language Studies Network Ltd, a registered company in England and Wales No: 5033595. Registered Address: 2 Innes Lodge, Inglemere Road, London SE23 2BD