TERMS AND CONDITIONS
"THE AGENCY" refers to SMART AUPAIRS
"THE CLIENT" refers to a person who appoints The Agency to introduce them to au pair/mother’s help candidates.
- These terms apply to all contracts or agreements made between The Client and Smart Aupairs and are deemed accepted through completion of a Family Profile or registration.
- Smart Aupairs acts as an Agent for introductions and does not employ candidates.
- The Client confirms that all information supplied to Smart Aupairs is honest, correct and complete. By providing data, The Client consents to the processing of data in accordance with the Safety and Privacy Statement.
- Smart Aupairs will activate The Client’s profile after receipt of non-refundable activation fee. The Agency supplies details of selected candidate(s) to The Client. If no relevant candidates are available at the time of registration, then details will be provided as soon as possible. The Client can interview some or all of the candidates supplied.
- A placement fee becomes due the moment that The Client confirms one of the candidates. Smart Aupairs will e-mail The Client for the invoice for the placement fee and payment will automatically be taken from the card used for the activation fee, unless otherwise agreed. The client must ensure sufficient funds are available. Paper invoice available on request.
- Our long term fee includes a FREE 30 day replacement guarantee.
- In the event of a candidate needing to leave during the guarantee period, either for personal reasons or due to unsuitability, The Client must notify Smart Aupairs in writing immediately stating the reasons. Unsatisfactory levels of English are not regarded as reasonable ground for an unsatisfactory au pair – language skills should always be assessed during interview.
- The Agency cannot guarantee that a suitable candidate is available for immediate replacement but existing Clients are always given priority. Smartaupairs will endeavour to offer 3 suitable au pair applicants who meet the family requirements and who can stay for at least 6 months. Should the client reject 3 candidates proposed as a replacement – no further applicants will be offered and no credits will be due.Should no replacement candidate be offered within 30 days of written report, a refund may be applied for, subject to a £150+VAT administration fee. Refunds/replacements are subject to punctual payment of full 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 customer to refund.
If there are reasonable grounds to consider either breach of contract (see family obligations below) or the family's treatment of the au pair to be unsatisfactory or material deviation from the role agreed with the agency, no refund or replacement will be offered. Smart Aupairs's decision will be final in this respect.
- Upon expiry of the 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, agency fees apply for further placements.
- In the unlikely event that the au pair decides to cancel after initial acceptance the agency will find a replacement as per replacement guarantee. If the Client decides to cancel after the au pair has accepted, the placement fee still applies. No refund can be made should the Client retain the services of a candidate considered unsuitable. Visa delay is not a valid reason for a replacement or refund.
- Smart Aupairs acts as an Agent for introductions and does not employ au pairs. Every effort is made by Smart Aupairs to ensure that candidates introduced to The Client are suitable for the position offered. It is the responsibility of The Client to check references and to be satisfied as to the suitability of the Candidate.
- Smart Aupairs does not accept responsibility for any loss, damage, expense or injury resulting from an introduction. The Agency advises both the au pair and the host family to take out appropriate insurance.
- 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.
- The Client must ensure sufficient funds are available to settle the placement fee and to pay weekly pocket money. Any related charges are payable by the customer.
- These terms are subject to English law and to the exclusive jurisdiction of the English courts.
The Client must accept the obligations of being a host family.
OBLIGATIONS OF A HOST FAMILY
Provide your au pair/mother’s help with
- A written agreement (Smart Aupairs provides a sample) signed by both parties prior to or on start date in line with role agreed with agency
- Time to settle in, with your guidance, training and support
- Clear written guidance on what is expected in line with role agreed with agency (handbook, Smart Aupairs provides a sample)
- Full board
- Furnished room for the au-pair's own use
- Pocket money paid weekly (according to contract with au pair)
- Time-off and support to attend appropriate language classes
- A warm welcome as part of the family, including airport collection
- A minimum of two week's paid holiday for every six months with the family.
- Two weeks paid notice (live-in)
- Driving assessment + lessons if au pair is required to drive; access to insured and safe vehicle
- Extra pocket money for extra help
- Optional incentives to encourage a long and happy engagement, such a contribution towards return flight and language classes. Our handbook offers suggestions.
If a family fails to comply with the ‘obligations of a host family’ we reserve the right to terminate the au pair placement.
Au Pairs are entitled to 14 days notice of termination except in cases of gross misconduct. Dismissal without required notice will result in forfeiture of any credit or refund due. Costs incurred by the au pair or by the Agency on the Au Pairs behalf will be charged to the client (e.g. pocket money in lieu of notice, accommodation, transportation)
We expect host families to respect the recommendations provided in the practical guide 'what is an au pair' on our website.
The Agency provides suggested interview questions, a sample agreement and a handbook sample for the convenience of The Client but The Agency cannot be held liable for this.
SMART AU PAIRS LIMITED
Company No. 5433237
VAT No. 923742131
Fees & terms are subject to change without prior notice.
Updated January 2013.
All information is presented in good faith and on the basis that Smartaupairs nor their agents or employees, are liable (whether by reason of error, omission, negligence, lack of care or otherwise) to any person for any damage or loss whatsoever which has occurred or may occur in relation to that person taking or not taking (as the case may be) action in respect of any statement, information or advice given in our material.