Terms & Conditions
Dated 2009
Au Pair in Argentina
Terms and Conditions
Terms & Conditions
1. Definitions:
1.1 In this Agreement the following expressions shall have the following meanings:
“Agreement” means the terms and conditions contained herein and the Contract;
“the Au Pair”, “Applicant” and “Candidate” means the Au Pair found by our Agency, Au Pair In Argentina and who is the person who will work for the Family;
“the Contract” means the letter sent by the Client to the Au Pair stating the offer of employment and outlining the employment details; duties, hours of work per week, salary, holiday entitlement, sickness entitlement, length of notice required to terminate the contract, start date, and all other agreements made between the Client and the Au Pair. This will be signed by both the Client and the Au Pair to indicate that they are in agreement with the terms of employment;
“Engagement” means the decision by the Client to employ the Au Pair under the terms and conditions stipulated in the Contract;
“Family Registration Form” means the form sent or emailed to the Family in order for them to register with Au Pair in Argentina. This form must be completed with accurate information and returned to Au Pair In Argentina before an Au Pair can be found for the Family by Au Pair in Argentina;
“Fee” and “Introductory Fee” means the payment by the Client to the Agency for the introduction of the Client to the Au Pair by the Agency;
“Guarantee Period” means the period which shall commence on the date of the arrival of the Au Pair in the Client’s home and which shall expire thirty days thereafter. During this period a free replacement Au Pair can be offered should the existing Au Pair need to leave for either personal reasons or due to being deemed unsuitable for the role of Au Pair in the opinion of Au Pair in Argentina;
“Introduction” means the Client’s interview of an Au Pair in person or by telephone or the passing, by the Agency, to the Client, of a Curriculum Vitae or other information which identifies the Au Pair and which leads to the employment of that Au Pair by the Client;
“in writing” means by post, email of facsimile;
“You”, “Your”, “Client”, “Family” and “Host Family” means a family or person who appoints the Agency to introduce them to an Au Pair;
“We”, “Us”, “the Agency”, “Au Pair In Argentina” and “AIA” means Au Pair In Argentina;
2. These terms and conditions constitute the entire agreement between the Agency and the Client. These terms and conditions apply to all contracts or agreements whatsoever, whether written or verbal, made between Au Pair In Argentina and the Client and are deemed as accepted through completion of a Family Registration Form and or the acceptance of an Au Pair. Au Pair In Argentina will only undertake business on the terms and conditions contained herein. No variation of the terms and conditions will be valid unless confirmed in writing by Au Pair In Argentina. The Client shall be the person who has completed the Family Registration Form.
3. Au Pair In Argentina acts as an agent for the sole purpose of effecting introductions between the Client and the Au Pair and does not employ Candidates. All Fees (including agreed supplements), under these terms and conditions (the Introductory Fee) payable to the Agency by the Client are remuneration for the service provided by the Agency to the Client, which is limited to the introduction of the Au Pair to the Client. The Agency will not take any responsibility or liability whatsoever should the Au Pair stay for a shorter time than that agreed with the Client.
4. The Client confirms that all information supplied to the Agency by the Client is honest, correct and complete, in all respects. By providing data, the Client consents to the processing of data.
5. The Introductory Fee becomes due the moment that the Client confirms acceptance of one of the Candidates. The Agency will email the Client to request the Introductory Fee and any agreed supplements. Fees are payable within 7 days of this Introductory Fee email being sent by the Agency. The Agency reserves the right to charge interest and a £50 surcharge on all accounts not settled within 7 days of receiving such email. The Agency may at its discretion refrain from making any travel arrangements with respect to the Au Pair until the Introductory Fee (and any agreed supplements) are paid in full.
6. The Introductory Fee payable to the Agency by the Client shall be as follows:
(a) Au Pair for 3 months US $280;
(b) Au Pair for 4-6 months inclusive US $420;
(c) Au Pair for over 6 months US$550;
(d) The Introductory Fee includes a minimum non-refundable administration fee of US$80.
7. The Introductory Fee outlined is determined by the Au Pair’s intended length of stay. If after the Introductory Fee has been paid the Au Pair and/or the Client decide to extend the length of stay of the Au Pair, the Client will be required to inform the Agency and the Client will be required to pay the Introductory Fee appropriate to cover the number of months which the Au Pair stays, as stipulated at paragraph 6 above. The Client shall be responsible for notifying the Agency of any such decision to extend the stay of the Au Pair at such time as the decision to extend the stay is made.
8. Our Introductory Fee includes a 30 day Guarantee Period.
9. In the event of a Candidate needing to leave during the Guarantee Period, for personal reasons, due to unsuitability, or for any reason whatsoever the Client must notify the Agency in writing immediately, and in any event prior to the departure of the Au Pair, stating the reasons for the Au Pair’s proposed departure.
10. The Agency cannot guarantee that a suitable candidate is available for immediate replacement but the Agency shall endeavour to give existing Clients priority over new Clients. Should no suitable replacement be offered within 30 days of receipt of written notification from the Client of the Au Pair’s proposed departure, the Client may request a refund from the Agency, subject to a US$80 administration fee, which will not be refunded under any circumstances. Refunds may also be requested, by the Client to the Agency, in case a Candidate fails to take up the agreed position. Refunds/replacements are subject to punctual payment of the Introductory Fee. Rejection of an alternative replacement Au Pair by the Client may result in delays and will not entitle the Client to a refund. If there are grounds for considering either breach of contract by the Client (see family obligations below) or the Client’s treatment of the Au Pair to be unsatisfactory, no refund or replacement will be offered. The Agency’s decision will be final in this respect. No refund will be considered or made after the Guarantee Period.
11. Upon expiry of the Guarantee Period it is agreed that the Engagement is satisfactory and that all of the Agency’s obligations have been fulfilled. If the Candidate leaves after the Guarantee Period, the Agency may, at its discretion, charge the Client again. After the Guarantee Period, replacements will be charged at a pro-rata rate based on the length of time the Client’s Au Pair has been with them. The pro-rata rate will be the same as the Agency’s Introductory Fee set out in Paragraph 6 above.
12. No refund can be made should the Client decide not to have the Au Pair after he/she has signed the Contract.
13. All Au Pairs are entitled to two weeks notice of termination of employment. Failure to comply with this condition results in automatic loss of right to a refund, a replacement or to credit. However, in the event of serious misconduct by the Au Pair or the Client, either party shall be entitled to terminate the Engagement immediately. If the Au Pair’s departure is as a result of misconduct on the part of the Client, the Agency has no obligation to replace the Au Pair or offer any refund of Fees.
14. Au pairs must be paid a minimum of $300 Argentine Pesos per week for 25 hours of work.
15. If the Client directly or indirectly introduces an Au Pair to any other family or employer, the Client will be liable for the full Introductory Fees should the Au Pair be engaged by such other family or employer.
16. Au Pair In Argentina must emphasise that Au Pairs are not trained nannies and have no qualifications in childcare. Some Au Pairs have limited or no childcare experience. In the event that the Family decides to leave the Au Pair in sole charge of a child it is the Family’s sole responsibility.
17. If the Family requires the Au Pair to drive, this shall be the full responsibility of the Family concerned; the Agency cannot accept any responsibility for this whatsoever.
18. Liability:
18.1 The Agency shall endeavour to ensure the integrity and suitability of the Au Pair, but cannot guarantee the accuracy of references or personal details supplied by the Au Pair to the Agency. It is the responsibility of the Client, and not the Agency, to check references, visas and to complete medical checks and Criminal Records Bureau checks and to be satisfied as to the suitability of the Au Pair.
18.2 The Agency shall not offer any warranty as to the character and capability of the Au Pair chosen by the Client.
18.3 Save in respect of death or personal injury directly caused by the Agency, the Agency shall not be responsible or liable under any circumstances for any loss, damage, expense, injury or inconvenience suffered or incurred by the Client as a result or in connection with the Agency offering or providing the introduction of the Client to the Au Pair, or from any acts, omissions or conduct of Au Pairs introduced by the Agency to the Client. The Agency advises both the employee and the employer to take out appropriate insurance.
18.4 The Agency shall not be responsible under any circumstances for any breach by the Au Pair of any agreed Contract between the Client and the Au Pair or for any other act or omission whether wilful, negligent or otherwise.
18.5 Au Pair In Argentina acts as an Agent for introductions. The Au Pair is at no time directly or indirectly employed or engaged by the Agency. The Agency acts solely as an introducer between the Client and the Au Pair. The Client acknowledges that the Client is solely responsible for all payments due to the Au Pair whilst the Au Pair is engaged by the Client. The Client agrees to indemnify and hold harmless the Agency if the Agency is held liable to make any such payments to the Au Pair by any external agency in respect of the Au Pair’s engagement.
18.6 The Agency will not accept financial responsibility or liability for any incidental or accidental costs incurred as a result of the engagement of the Au Pair by the Client. The cost of accidental damage caused to the Client’s property, vehicle or other belongings by the Au Pair should be covered by the Client’s own insurance arrangements. Where there is any excess or uninsured accidental damage the Client must pay for the additional or full cost of repairing or replacing the item. Under no circumstances should the Au Pair’s pocket money be forcibly withheld or reduced to cover the cost of any accidental loss or damage. Neither the Au Pair nor the Au Pair’s family should be asked to pay for any accidental damage or the accidental damage to any vehicle driven by the Au Pair at the request of or with the permission of the Client.
18.7 We shall not be responsible or liable for any accident or incident that may happen to the Au Pair by any person or be caused by the Au Pair to any person.
19. Your Warranty:
19.1 The Client confirms that all information supplied by the Client both in the application form and otherwise is complete and correct in all respects.
19.2 The Client will comply with these terms and conditions and make all payments in accordance with these terms and conditions.
19.3 If the Au Pair is asked to leave, two weeks written notice to the Au Pair must be given by the Client. During that period, board and lodging must continue to be provided and pocket money paid by the Client to the Au Pair. In case of serious misconduct by the Au Pair, the Client may terminate the Engagement with immediate effect but shall be responsible for providing appropriate accommodation for 3 days from the date of termination.
19.4 Any documents sent to the Client regarding an Au Pair are confidential and entrusted to the Client on loan. If the Client decides not to invite an Applicant, the Client must return all documents to the Agency straight away.
20. Third Party Claims: No third party shall acquire any rights under these terms and conditions.
21. Governing Law: 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.
22. Obligations of a Host Family
The Client must provide the Au Pair with:
(a) A Contract signed by both parties prior to or on start date;
(b) Time to settle in, with the Family’s guidance, training and support;
(c) Clear written guidance on what is expected (sample available on request);
(d) Full board;
(e) Furnished room for the Au Pair’s sole use;
(f) Pocket money paid weekly (according to Contract with Au Pair);
(g) Time off and support to attend appropriate language classes;
(h) A warm welcome as part of the family, including airport collection;
(i) A minimum of one week’s paid holiday for every six months with the family
(j) A few driving lessons if the Au Pair is required to drive
(k) Extra pocket money for any overtime worked by the Au Pair over the amount of weekly hours stipulated in the Contract.
22.2 If the Client fails to comply with these “Obligations of a Host Family” the Agency reserves the right not to replace the Au Pair or refund the Client.
BY SIGNING THE FAMILY 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.