TERMS & CONDITONS OF BUSINESS
1. These terms and conditions are deemed to be accepted by the Client on completion and submission of the registration form. Completion of registration forms a contract of agreement between the Agency and the Client.
2. These Terms and Conditions shall be incorporated into and govern the contract of agreement between the Agency and the Client at all times.
3. ‘Avon Au Pair Agency’ shall hereafter be referred to, as The Agency and the person registering with the Agency shall be known as The Client. The Client refers to a person or persons or company who engage the services of The Agency to find and place a suitable Au Pair, or au pairs (henceforth referred to only in the singular) for a pre-arranged fee. The Au Pair will henceforth be referred to as the Au Pair.
4. The introduction of the Client to an Au Pair and all information pertaining to that Au Pair is strictly confidential. Any information about the Au Pair passed by the Client to a third party and resulting in the engagement of the Au Pair will render the Client or Third Party liable to payment of agency fees.
5. The Agency will use all reasonable efforts to introduce potential Au Pairs to the Client. The Agency will introduce the Au Pair to the Client via a set of documentation that they have gathered together into an electronic file. This forms the basis of the knowledge of the Au Pair. The Agency has not met in person the Au Pair candidates. Following the choice of an Au Pair by the Client, the Agency will attend to the administration to assist the Au Pair’s placement and provide such further assistance from time to time as the Agency deems necessary at its sole discretion to ensure a successful placement.
6. The Agency will make reasonable endeavours to place a suitable Au Pair for every appointment. However, it is the responsibility of the Client to satisfy itself as to the suitability of the Au Pair before they arrive. The Client is therefore STRONGLY ADVISED to check all details – including references, medical history and general background of the Au Pair personally. It is the responsibility of the Client to make reasonable efforts to ascertain as far as they can, that the language ability of a potentially suitable au pair candidate is in line with their expectation and the classification the au pair or her home agent has given her. This is a subjective area (unless the au pair has internationally recognised language certificates) and an au pair’s ‘intermediate’ may be a client’s ‘basic’ – so please talk to the au pair before he/she arrives. (Please contact the Agency for further advice and help on this matter).
7. Save in relation to death or personal injury, the Agency expressly excludes all liability for any damage, loss, theft, expense or inconvenience – whether direct, indirect, consequential or by omission – resulting from the engagement of the Au Pair through the introduction made by the Agency to the Client.
8. The character and suitability of an Au Pair may not be judged by creed, colour, religion or nationality.
9. The Client warrants and agrees that:
- The Au Pair is entitled to a minimum of 14 days’ notice of termination, plus pay.
- He/she will at all times behave in a reasonable and responsible way towards the Au Pair. The Client warrants that they will pay the Au Pair on time, each week unless by alternative mutual arrangement.
- He/she has read and will comply with all relevant legislation, regulations and guidelines. Such regulations and guidelines include that the Client provides full board and lodging for the Au Pair comprising their own, furnished, private room, all main meals plus any reasonable extra snacks as befits your family rules.
- The information contained in the completed registration form is complete and correct.
10. The Agency cannot and shall not offer any warranty as to the medical fitness, character or suitability of the Au Pair. It is the responsibility of the Client to procure/check all legal paperwork in the engagement of the Au Pair including but not limited to work permits, visas, medical documents, references, and training qualifications.
11. The Client shall provide to the Agency copies of paperwork, work permits, visas and medical documents for immigration and reference purposes.
12. If the Client requires the Au Pair to drive, it is the full responsibility of the Client to check the driving credentials and to insure the Au Pair for use of the car. The Agency cannot give any warranty over the Au Pair’s ability to drive.
13. Hours of work and pay as well as holiday entitlement and details of expected duties should be clearly set out in writing as far as is possible, before commencement of the Au Pair’s placement begins.
Fees, Refunds & Replacements
Please note that for new clients of the Agency a Registration Fee of £40 is payable at the commencement of the search. This fee is non refundable. Upon the successful introduction of an Au Pair to the Client the Registration Fee will be deducted from the final placement fee.
Scale of Fees
SHORT-TERM (1-3 months)
- £150 for a short-term, placement (male or female, up to 3 months)
- £200 for a short-term, placement (Couple or two friends living and working with the same family).
This fee is the same whichever ‘standard’ of au pair you have.
LONG-TERM (4 months+)
- £300 for a long-term ‘bronze*’ standard placement (female who intends to stay 4 months+ ).
- £350 – male au pair (who intends to stay 4 months + – all category standards; flat rate fee)
- £400 for a long-term ‘silver*’ standard placement (female who intends to stay 4 months+).
- £500 for an au pair couple* (4 months+)
- £500 for a long-term ‘gold*’ standard au pair / Au Pair Plus (female who intends to stay 4 months+)
We understand that some clients may find our scale confusing so here is a guide as to the varying
standards of au pair. However, if you are in any doubt, when you select an au pair from the ones we
send you to look at, do inquire as to their placement cost.
- Bronze Au Pair = Younger (aged 18), and/or with basic/poor English and/or non-driver
- Silver Au Pair = An au pair usually aged 19 – 20 who has fair-good English, may be a non-driver – an
- Gold Au Pair = ‘Gold’ is the most sought after and rare kind of au pair and typically denotes age 21+, probably a driver with good or very good English preferably with previous experience and willing to go to a non city or rural location.
If the Au Pair is working more than 25 hours per week, they are often referred to as an ‘Au Pair Plus’, or for more than 35 hours per week then a ‘Mother’s Help’.
- Couple = (female usually looks after children/housework; male usually looks after the gardening/handiwork etc).
Sometimes we can also offer an option of two female au pairs who are friends and don’t mind sharing a room.
The only exception to these fees is where we offer you girls that have come from partner agencies which charge us an exceptionally high percentage fee. In these cases, applicants come with an additional £50 surcharge to help cover the cost. However there are only two agents who currently operate such a surcharge and we will always bring this to your attention when we send profiles through and give you the opportunity to deselect them.
Please note that the fee we charge is for the administrative work that we do in gathering documentation of au pairs and in offering you a selection of candidates before an au pair arrives. It is not to do with the length of time he/she necessarily stays. If you instruct us to find you a ‘Long Term’ au pair (an au pair who comes with an intention of staying 6 months or more), we will charge you a finder’s fee in accordance with our scale above. If the au pair leaves before their intended stay, we do not refund fees, so please be sure of your decision before asking us to do the work.
The fact that summer au pairs are costed at a lower figure is not because they stay for a shorter period of time, but because there are many more applicants available from EU countries for a 3-month summer period and so the amount of work involved to procure them for a family is less than for a non-summer placement or long-term au pair. Similarly, to find ‘gold’ standard long-term au pairs, confident drivers, good English speakers or au pairs who will commit to staying a full 12 months is very difficult, time consuming and the competition to procure them for families is fierce – often we are paying partner agents to even send their details to us – so the price reflects this.
The longest length of time an average ‘long-term’ au pair stays is between 6 and 8 months.
The typical price a family would expect to pay is between £300 and £500. Our sliding scale of fees tries to take into consideration feedback we have received from families wishing to have such a ‘choice’.
14. The introduction fee the Client agrees to pay is for introduction to the Au Pair only.
15. As soon as an employment agreement has been reached between Client and Au Pair, the Client must inform the Agency and the precise start date of employment provided. A copy of such agreement and the original Letter of Invitation must then be provided to the Agency by the Client, along with full payment of the requisite introduction fee. A placement cannot be confirmed and Letter of Invitation forwarded to the Au Pair until the Agency is in receipt of all monies owed. If a Client does not pay the full fee due to the Agency for the introduction of an au pair either at the point of acceptance or on return of an invoice being received and before the au pair arrives, the Client forfeits any rights to refunds or replacements.
17. As soon as the Agency advises the Client of a prospective suitable match with an Au Pair and facilitates the introduction, the Client may not contact that Au Pair through another agency. If the Client interviews and employs the same Au Pair that this Agency has introduced to them, within six months of that introduction, the Client will be responsible for the full introduction fee to this Agency.
18. The Agency reserves the right to charge interest on any fees unpaid under Section 69 of the County Court Act 1984.
19. If the Au Pair leaves the Client before the agreed term of employment has been completed the Client should inform the Agency who will make his/her replacement a priority and make all reasonable effort to submit details to the Client as soon as possible.
20. In the event of the Client cancelling the booking of an Au Pair, which the Au Pair has already accepted
a. But before travel tickets and visas have been procured, half the arrangement fee will be refunded by the Agency to the Client.
b. If the Au Pair has already bought travel tickets in good faith of the offer made by the Client, then no refund will be made by the Agency to the Client and the Clients will compensate the Au Pair for the cost of travel.
20. Save in the circumstances set out in clauses 22, 23 and 24 below, in the event of:
a. The Au Pair cancelling a placement prior to arrival with a Client;
b. The Client cancelling a placement prior to arrival of the Au Pair; or
c. The Au Pair failing to arrive, then the Agency will make every reasonable effort to find a suitable replacement. If this is not possible, then the Client will be refunded their fee, less £50.00 to cover Agency administration costs. If the Au Pair leaves or is asked to leave within two (2) weeks of arrival, a refund of 50% will be made to the Client or a replacement au pair will be found for a nominal extra charge. If the Au Pair leaves or is asked to leave within four (4) weeks of arrival through no perceived fault of the client, a refund of 25% will be made to the Client or a replacement au pair will be found for a nominal extra charge.
21. If the placement is cancelled by the Client after four (4) weeks from the date of arrival of the Au Pair, or the au pair decides to leave the family, no refund will be made.
22. If during the first 4 weeks of the Au Pair’s employment with the Client a material inaccuracy is shown on the Client’s application form which results in the Au Pair terminating his/her employment then the Client will not be entitled to a refund or replacement from the Agency.
23. If the Client asks the Au Pair to leave without 14 days notice being given then the Client will not be entitled to a refund or replacement from the Agency.
24. If the Client as not paid the Agency fee at the required time (as set out in point 15 above), then no refunds or replacements will be offered.
25. Where a temporary Au Pair has been placed a further charge will be made in accordance with the Agency’s scale of fees, if the Client wishes to extend a temporary Au Pair’s stay.
26. If the Client engages or re-engages an Au Pair introduced by the Agency whether directly or indirectly in any capacity including babysitting, the Client is responsible for advising the Agency immediately. The Agency’s fees applicable at the time of the engagement or re-engagement of the Au Pair shall be payable by the Client.
27. The Agency is not the employer of the Au Pair and shall not be liable or responsible for any breach of conduct or their terms of engagement with the Client by the Au Pair.
28. The Agency reserves the right to advise the Au Pair to terminate their employment with the Client at any time if these Terms & Conditions have been breached, false information given or applicable employment legislation and/or regulations including but not limited to those issued from time to time by the Immigration and Nationality Directorate, have been knowingly disregarded by the Client. In these circumstances no monies will be refunded.
29. Should any one or more of these terms be found to be or become invalid illegal or unenforceable in any respect under any law the enforceability and validity of the remaining terms shall not in any way be affected or impaired thereby.
30. No waiver by the Agency of any breach of the terms by the Client shall be considered as a waiver of any past or subsequent breaches of the same or any other provision.
31. The Contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law and shall be subject to the jurisdiction of the English Courts.