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These Terms and
Conditions shall represent a legally-binding
contract between Simply Angelic Aupairs ("the
Agency") and the client or employer ("the
Client").
- The verbal
or written instruction of the Agency by the
Client, or the Client’s appointed agent, to
submit suitable applicants for contact or
interview, shall constitute full acceptance of
the Agency's Terms and Conditions. No variation
to these terms can be made, except with
authority in writing from Andrea Taylor.
- All
correspondence and records shall be confidential
and remain the property of the Agency.
Information supplied by the Agency is
confidential and is accepted by the Client on
the condition that such information will not be
disclosed to third parties.
- Should a
Client effect any form of introduction, direct
or indirect, of an applicant to a third party,
or pass on any details resulting in any form of
employment or engagement whatsoever, the Client
will be responsible for the full placement fees
in accordance with the current Scale of Charges.
(see below)
- The Agency
will endeavour to provide the Client with
applicants as well suited as possible, and to
this end will seek to furnish the Client with
all relevant information concerning the
applicant and to check details, documentation
and references. However, the final
responsibility for any decision to employ the
applicant rests with the Client, who is
therefore strongly advised to check details,
documentation and references personally. The
Agency does not offer any warranty as to the
suitability, honesty, character or capability of
any applicant.
- Where the
client requests the agency to supply an aupair
to drive, the agency will submit details of
candidates with a valid driving licence for the
UK, but the agency is unable to guarantee the
standard of the applicant’s driving, either in
the home country or in the UK. It is the
responsibility of the client to ensure that the
candidate selected is given enough driving
lessons in the UK to attain the standard of
driving as required by the client. As the agency
has no means of assessing or guaranteeing the
driving capability we will not be held
responsible for any act or accident involving
the candidate whilst driving, and will not offer
a free replacement where the driving skill of
the candidate is not to the standard required by
the client.
- The Agency
accepts no liability of any kind for any
inconvenience, loss or damage of property, or
any loss or injury howsoever arising directly or
indirectly from any act or omission of any
applicant introduced by the Agency even if such
an act or omission is negligent or fraudulent or
reveals dishonesty. For the avoidance of doubt
In no circumstances shall the Agency’s total
liability to the Client, whether in respect of
goods or services and whether based in
negligence, breach of contract,
misrepresentation or otherwise, exceed the fee
paid by the Client.
- The Client
agrees to notify the Agency immediately an
engagement has been accepted by an applicant and
to supply details to the Agency of the date of
commencement and length of employment (when
appropriate) and agreed wages (when
appropriate).
- Should an
engagement be extended by the Client, or any
applicant be re-engaged within 12 months from
the date of leaving, the appropriate additional
fee shall become payable, in accordance with the
current Scale of Charges. The Agency must be
notified immediately of any such changes.
- Placement
fees are due on the offer of engagement by the
Client to the applicant either verbally or in
writing, and the applicant’s acceptance of such
offer ("the Acceptance Date"), and not at the
commencement of placement. The Client shall be
liable to pay the Agency's placement fee at the
rate shown in the current Scale of Charges
within 7 days of the Acceptance Date whether or
not an invoice has been received by the Client.
(In the event of an unpaid invoice, the Client
will be responsible for settlement of any
recovery costs and charges incurred, including a
late payment fee of £12 should the invoice be
outstanding for more than 7 days, and £12 for
each subsequent weekly letter).
- Should a
client offer a position to a candidate, either
verbally or in writing, and subsequently cancel
the placement for that candidate, the client
shall be liable to pay an administration fee of
£50 to the agency, plus any travel expenses
already incurred by the candidate up to a
maximum of £80. The agency guarantees to pass
that travel payment on to the candidate in this
situation. If the client has already paid the
agency fee, then a refund will be made by the
agency to the client, minus the £50 admin fee,
and any already incurred travel costs.
- The Agency
does not employ the applicants introduced and
any Contracts of Employment entered into between
the Client and the applicant are between those
persons directly. The Client is responsible for
complying with all employment, fiscal and other
relevant legislation, particularly including
that related to PAYE and National Insurance. No
refunds will apply in respect of any employment
terminated by the applicant as a result of
failure by the Client to comply with all
relevant legislation.
- The Client
must ensure that the place of work complies with
health and safety regulations during the
placement period.
- The Agency
cannot guarantee that an applicant will complete
his or her proposed length of stay or
engagement, and likewise does not guarantee to
the candidate that the client will retain and
pay the candidate for the entire period
requested (as job/home/family requirements may
change at any time). The placement fee relates
solely to the search and submission of
candidates by the agency to the client and
subsequently the successful candidate having
been submitted by the agency, and specifically
not to the placement term.
- The agency fees are as set
out in the schedule below, and the following
refund and replacement guarantee will apply: The
refund will only be applicable if the agency is
given a minimum of 14 days to submit
details of suitable alternative candidates, but
fails to do so. Please see (6) above for details
specifically relating to drivers.
Candidate leaves within 2
weeks
free replacement
or
60% refund
Candidate leaves within 4
weeks
free
replacement or
40% refund
Candidate leaves
within 8
weeks
free
replacement or
20% refund
Candidate leaves
within 12
weeks free
replacement
or
10% refund
Candidate leaves within 6
months 40% off next
placement
Candidate leaves within 12
months 10% off next
placement
No refunds will be made where
the placement fee was not paid by the due date,
nor will any refund ever be made after the 12th
week of placement. In addition, no refunds will be
made where the placement requirements changed from
those indicated on the family registration form,
or the aupair was not treated in accordance with
the Aupair scheme as laid down by the Home
Office.
- The client
acknowledges that an aupair/aupair plus is not a
trained nanny, housekeeper, chef or guardian,
and warrants that the placement will be
conducted in the spirit of the Aupair scheme as
laid down by the Home Office, and that the
Aupair will be treated as a part of the family.
The Aupair will be given a timetable for work
showing clearly the hours of work, duties to be
carried out, and pocket money for those duties
required, and will be paid on a weekly
basis.
- The Client
recognises that special conditions attach to the
engagement of au pairs, with which the Client
must familiarise itself (see above and Home
Office). In particular the Client will recognise
that, in case of dismissal of any applicant,
they are obliged to provide board and lodging
for not less than 7 days after the effective
date of dismissal. The Client will indemnify the
Agency against any liability sustained by the
Agency by reason of any breach by the Client of
any such conditions attaching to the au pair’s
stay
- The
Agency’s selection of applicants will be based
on information supplied by the Client. The
Agency shall not be responsible for any loss or
damage or liability suffered by the Client as a
result of any inaccuracy in any such information
and the Client shall indemnify the Agency
against all expense or liability suffered by the
Agency as a result of the inaccuracy of any such
information
- If any
single element of these conditions should be
held to be unreasonable, invalid or
unenforceable in any respect such element,
illegality or unenforceability shall not
prejudice the effect of the rest of these
conditions to the extent that they are
reasonable, legal and enforceable
- The
relationship of agent and principal shall not
subsist between the parties
- The laws of England shall
apply to this contract and the English Courts
shall have exclusive jurisdiction
Our charges for the
introduction and placement of Au Pairs, Aupair+,
and Parent's Helps are as follows, and
exclude VAT which will be charged at the
prevailing rate.
SHORT
TERM PLACEMENTS
Summer
Aupair/Aupair+
(July - September,
Student)
£180
Summer Aupair
Couple
(July - September,
Students)
£350
STANDARD
PLACEMENTS
Aupair/Aupair+
(Up to 25 or 35
hours)
£340
Experienced
Aupair/Aupair+
(Min 6 months UK
experience)
£390
Mother's/Father's
Help
(Min 1 yr childcare
exp) 4
X Net weekly salary
Aupair
Couple
(Any) £490
Where a summer aupair
subsequently stays on with a family beyond the
initial summer placement, the approriate fee as
above would become immediately payable, with a
reduction of £100. (eg, where a summer
aupair stays on as an aupair, a fee of £340 minus
£100, therefore £240 would immediately become
payable)
I confirm that I have
read, understood and accept the terms and
conditions as indicated above, and that by
asking Simply Angelic to search for and
submit details of potential candidates I am
confirming my agreement to the
terms.
Simply Angelic Aupairs Terms of
Business (Revised
01/11/07) |