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Terms & Conditions |
"THE AGENCY" REFERS TO AU PAIRS 4 U AGENCY.
"THE CLIENT" REFERS TO A PERSON WHO ENGAGES THE AGENCY TO SEEK AN AU-PAIR FOR AN AGREED FEE.
"THE APPLICANT" REFERS TO A PERSON WHO IS REGISTERED WITH THE AGENCY FOR THE PURPOSE OF SEEKING ENGAGEMENT WITH A CLIENT.
1. These terms and conditions shall, in all respects, apply to and govern all contracts or agreements made between The Client and The Agency. 2. The Agency shall register the client upon receipt of a duly completed Family Registration Form. 3. Upon registration of the client, The Agency hereby agrees to supply to the client details of an applicant.
4. If the client wishes to engage the applicant, the client shall send the Letter of Invitation with the Placement Fee, upon receipt of which The Agency shall make arrangements for the placement of that applicant. A surcharge of £50.00 applies to all late payments. 5. In the event of The Agency being unable to place the applicant with the client, then The Agency will supply an alternative applicant or refund the said Placement Fee, whichever The Agency shall in its absolute discretion think fit. 6. Upon confirmation that The Agency will place the applicant the client hereby agrees to supply to The Agency a letter of invitation addressed to The Applicant.
7. In the event of the applicant introduced by The Agency and engaged by the client proving unsuitable during a 35 day trial period, starting with the applicant's commencement of engagement, the client must, during the trial period notify The Agency in writing stating the reasons for unsuitability and return the applicant to The Agency for replacement. 8. Provided that The Agency has received written notification within the above mentioned 35 day trial period stating the reasons for unsuitability, and that the Placement Fee has been received by The Agency, in full, on or before the date of commencement of the engagement, The Agency will supply a free replacement applicant. Whilst the Agency undertakes to replace an unsuitable au pair, refunds of placement fees cannot be given at any stage. If there are reasonable grounds for considering the family's treatment of the applicant to be unsatisfactory, no replacement will be offered. Such free replacements only apply in respect of the initial applicant placed with the client. Please note: The Agency does not provide a replacement au-pair for "Short Term" or "Summer Au-Pair" placements. No replacement will be offered if the fee is not paid at the required time.
9. Upon expiry of the 35 day trial period it is agreed that the engagement is satisfactory and that The Agency's obligations have been fulfilled.
10. Termination of the engagement must be by two weeks notice by either client or applicant, However the client acknowledges the client's responsibility to provide accommodation for the applicant for a period of 14 days in the event of termination of the engagement for whatever reason, except in the event of misconduct of either party when the other party shall be entitled to terminate the engagement with immediate effect. The au-pair is entitled to terminate her engagement with immediate effect in the event of serious misconduct by the family with the family forfeiting their rights to a refund or replacement if within the 35 day trial period. 11. If you should decide to go away on holiday and leave your au-pair alone in the house, food, heating and pocket money must continue. Your au-pair is entitled to one week's paid holiday for every six months that she stays with you. If she does not wish to take a holiday she should be paid one week's extra pocket money in lieu. 12. The Agency will endeavor to introduce suitable applicants as Au pairs. It is the responsibility of the client to be satisfied as to the suitability of the applicant. The Agency cannot be held responsible in any way for the character and suitability of any applicant, accuracy of references, medical certificates and personal details supplied by the applicant and is hereby expressly excluded from all liability whatsoever either directly or indirectly arising from the introduction of an applicant. The Agency cannot obtain personal references and the client hereby acknowledges the client's responsibility to make their own enquiries and obtain a satisfactory reference.
13. In the event of the client transferring or passing the names and addresses of any applicant at any time to any other person, the client shall pay to The Agency the Placement Fee in respect of the applicant as though they themselves had engaged the applicant. The Placement Fee will be such sum as is from time to time payable to The Agency. 14. In the event of the client re-engaging an applicant introduced by The Agency within six months of having previously declined the services of that applicant; The Agency must be notified immediately of any such arrangement and the client will be liable to The Agency for payment of the Placement Fee as is charged from time to time by The Agency. 15. The Agency shall not be liable under any circumstances to the client in respect of any loss, damage, cost, expense, injury or inconvenience suffered or incurred by the client arising from any act or omission, whether wilful, negligent or otherwise on the part of the applicant before or after engagement by the client. In addition The Agency shall not be responsible for any breach by the applicant of the agreed terms of engagement.
16. The Agency shall not be liable under any circumstances for any loss, damage, cost, expense, injury or inconvenience suffered or incurred by the client arising from or in any way connected with The Agency seeking an applicant to introduce to the client. 17. Any disputes, disagreements, incidents, damages, etc. arising between the applicant and the client resulting from the negotiations and/or the engagement shall be the responsibility of the client and the applicant and shall be resolved between them and not the Agency.
18. In the event of the client cancelling a booking or employment of an applicant, having submitted to The Agency the Family Registration Form, Letter of Invitation and Placement Fee, then the Placement Fee will not be returnable, unless expressly provided by this agreement and for overseas applicants any further additional expenses will be the responsibility of the client. If an applicant cancels, a replacement applicant will be provided at no further cost or the placement fee refunded less an administration fee of £50 whichever The Agency at its absolute discretion shall think fit.
19. It is hereby expressly agreed and declared between the parties that nothing contained herein shall be constructed as a partnership or intended partnership between the client and The Agency and neither party shall have any authority to bind or commit the other in any manner whatsoever.
22. Au Pairs 4 U Agency reserves the right to use its own discretion in any situation involving a problem not covered in this document
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