Legal
"The agency" means Hampstead Au Pair & Nanny Agency. "The family" means the host family. "The au pair" means the au pair, nanny or childcare provider introduced by the agency.
If registering online, completing the online registration form constitutes confirmation of acceptance of the agency's terms & conditions. If registering by telephone, acceptance is confirmed by payment of the appropriate fee.
All records and documents submitted to the agency remain the agency's property and are treated as confidential. Documents concerning au pairs may not be shared with other potential employers; doing so makes the family liable for the agency fee. Unwanted documents must be returned to the agency.
The agency offers the following memberships (not all memberships are available at all times): Platinum Membership; Platinum CoverFlex+ Membership; Platinum CoverFlex Sustainable Membership; and Short Term (less than three months).
A family becomes a member on selecting a membership and paying the deposit. Membership has two phases: the search phase, active immediately on payment of the deposit, and the placement phase, activated when the agency sends confirmation of start, the au pair moves in, or the au pair begins work (including trials).
During the search phase a family may ask for their membership to be placed on hold by email or telephone; the agency may also deactivate inactive accounts. The deposit is non-refundable and non-transferable, but the membership can be reactivated on one occasion within three years of the original deposit date, after which it expires. Reactivation costs £50 and lasts three months.
The agency acts as an agent solely for the purpose of effecting introductions between families and au pair candidates. Fees cover introductions and the associated work. The agency provides candidates, advice and guidance; families personally select their au pair.
Payments are accepted by debit or credit card only and are charged automatically on the due date. Families must provide alternative card details at least three working days before a payment is due and keep sufficient funds available. Late payment fees are charged at £25 per week from the payment due date, to cover the administration and time costs of collecting late payments.
Platinum Membership: if the au pair leaves within three months of the start date, the agency begins the search for a free like-for-like replacement. Platinum CoverFlex+: within six months of the start date. Platinum CoverFlex Sustainable: within twelve months of the start date. Short term placements: if the original au pair leaves within two weeks.
Family-initiated cancellations before arrival or attempts to constructively cancel, trigger the replacement terms above. It is incumbent on the family to inform the agency that they require a replacement; once acknowledged, the agency begins the search. Families may delay a replacement search by up to four weeks, but not beyond. If no suitable candidate is accepted within three months, the replacement offer is withdrawn. The agency does not offer refunds, only replacements (where applicable).
There will be no replacement should there be reasonable grounds to believe that the au pair's working conditions, or the way the family treated the au pair, were unsatisfactory (the agency's decision is final in this respect), or should there be a record of several unsuccessful placements in the family.
The family is responsible for board, accommodation and the agreed weekly money. The family must follow the agency's guidelines on working hours, days off, duties and pay, and is responsible for protecting the au pair through comprehensive home insurance.
If the family terminates the placement agreement, the agency must be notified by email with reasons, and two weeks' notice must be given to the au pair, with accommodation provided during the notice period if needed. The au pair continues their duties and receives their regular pay. It is extremely important that the agency can talk to the au pair before they leave the family; the agency may refuse replacement offers if this is not possible.
The agency cannot be held responsible for damage, delay, loss or injury on the part of either the family or the au pair arising out of any introduction or advertisement, nor for discrepancies in the history, character, age, capability or references of either party. The agency reserves the right at its absolute discretion to reject a family or au pair during the application process, and to use its discretion in any situation not covered in this document. The family and au pair confirm that they have read and agree to abide by these terms & conditions.
Any contract between the agency and the family or au pair is subject to the law of England and Wales, and all disputes arising out of any such contract are subject to the exclusive jurisdiction of the courts of England and Wales.
Within ten minutes, during opening hours.
