Terms & Conditions
In this document “Hampstead au Pair Agency” shall be referred to as “the agency”. The “Host Family” shall be referred to as “the family”. The au pair, nanny or another label associated with someone carrying out childcare shall be referred to as “the au pair”
i) If registering online, filling the online Registration Form constitutes confirmation of acceptance of the agency’s Terms & Conditions. If registering by phone, then payment of the appropriate fee confirms acceptance of the agency’s Terms and Conditions.
ii) All records, documents and information submitted will be treated as confidential and remain property of the agency. Any documents sent to you regarding an Au Pair are confidential. The passing on of these documents to another potential employer renders the client liable for the payment of the agency Fee. All unwanted documents must be returned to the agency.
iii) The agency offers the family the following memberships;
a) Platinum Membership
b) Platinum CoverFlex Membership
c) Platinum CoverFlex+ Membership
d) Platinum CoverFlex infinity Membership
Please note, not all memberships are available all of the time
FEES, MEMBERSHIPS & PLACEMENTS
iv) A Family becomes a member when they have selected one of the memberships offered, and paid the appropriate deposit.
The membership has two phases;
a) The Search phase
b) The Placement phase
The Search phase becomes active immediately once the family has paid the membership deposit. The Placement phase becomes active if any of the following takes place;
a) The agency sends out a confirmation of start
b) The au pair introduced by the agency has moved in
c) The au pair introduced by the agency has started working for the family (including trials)
Once the Placement phase becomes active, the remaining fee is due (see “PAYMENTS”, section vi)
During the search phase, the family may put the membership on hold by informing the agency by email or phone. The agency may also put the membership on hold if the family becomes unresponsive. The deposit paid to the agency is non-refundable and non-transferable, but can be used within five years for future searches/introductions. The membership can be reactivated during this period, at a cost of £50. Please note, in all cases the reactivation period lasts for six months and must be reactivated again to conduct a new search. The agency will not charge a reactivation fee if the family reactivates the membership within 3 months of when it was put on hold the first time.
v) The Agency acts as an agent solely for the purpose of effecting introductions between Families and Au Pair candidates. All fees charged are solely for introductions and/or the work associated with gaining those introductions. A list of fees is available upon request.
vi) Payments are only accepted via debit or credit cards. Any payments due are automatically taken from the registered credit/debit card on the due date. If you wish to use an alternative card, details should be provided no less than 3 working days before the due date. It is the Family’s responsibility to ensure there are sufficient funds available. Late payment fees will be charged at £25 per week applicable from the payment due date to cover the administration and time costs associated with collection of Late Payments.
REPLACEMENTS, REFUNDS & RESPONSIBILITY
vii) Irrespective of the reason (subject to clause ix below);
PLATINUM Membership: should the Au Pair leave within 2 months, the agency will begin the process of a search for a free like for like replacement. Once a replacement has been agreed, a confirmation of start will be sent out.
PLATINUM COVERFLEX Membership: should the Au Pair leave within 4 months of their start date, the agency will begin the process of a search for a like for like replacement. Once a replacement has been agreed, a confirmation of start will be sent out.
PLATINUM COVERFLEX+ Membership: should the Au Pair leave within 6 months of their start date, the agency will begin the process of a search for a like for like replacement. Once a replacement has been agreed, a confirmation of start will be sent out.
PLATINUM COVERFLEX infinity Membership: should the Au Pair leave within the term of the family’s chosen length of cover, the agency will begin the process of a search for a like for like replacement. Once a replacement has been agreed, a confirmation of start will be sent out.
In all memberships, should the Au Pair leave within 2 months, the agency will begin the process of a search for a free like for like replacement.
In all CoverFlex memberships the Nominal Replacement Fee will be due once the Confirmation of Start has been sent out. All fees are taken using the family’s registered debit/credit card.
A pre-arrival cancellation by the family will initiate the replacement period as stated above. Likewise any attempt to constructively cancel the Au Pair from starting, will be considered as a pre-arrival cancellation by the family.
viii) IMPORTANT NOTE: Subject to section “ix” below; It is incumbent upon the family to inform the Agency that they require a replacement. Once the agency has acknowledged the family’s request for a replacement, the agency will begin the process of finding a suitable candidate(s). The family can request a replacement to be delayed by up to four weeks, otherwise a replacement will be sought as early as possible. A replacement cannot be transferred to a future date beyond four weeks. The agency will continue the process beyond four weeks if a suitable replacement has not been found. Should none of the candidates be taken within three months, the offer of a replacement is withdrawn. Please note that the agency does not offer refunds, only replacements (where applicable).
ix) There will be no replacement should there be reasonable grounds to believe that the Au Pair’s working conditions and/or the way the family treated the Au Pair were unsatisfactory (Hampstead Au Pair Agency’s decision will be final in this respect) or should there be a record of several unsuccessful placements in the family.
x) The Family is responsible for board, accommodating and for giving the weekly pocket money to the Au Pair as confirmed to the Agency and Au Pair. The Family must behave according to the agency’s guidelines such as working hours, days off, duties, pocket money, etc. The Family is responsible for what they write in the Family Registration Form and Contract. It is the responsibility of the family to protect the Au Pair in their care from accident and illnesses by means of comprehensive home insurance.
xi) In the event of termination of the placement agreement by the family, the agency must be notified by email giving reasons for the termination and a two week notice period must be given to the Au Pair. It is the family’s responsibility to provide accommodation during this period if required by the Au Pair. The Au Pair should carry on their duties and should be paid their regular fee. In the event of termination, it is extremely important that the agency can talk to the Au Pair before she leaves the family. The agency can refuse to offer a replacement (where applicable) if this is not possible.
xii) 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 advert, nor can the agency be held responsible for any discrepancies in the history, character, age, capability, references of either the family or the Au Pair.
xiii) The agency reserves the right at its absolute discretion to reject the family or Au Pair during the application process.
xiv) The agency reserves the right to use its discretion in any situation not covered in this document.
xv) The Family and au pair confirms that they have read and agreed to abide by the Terms & Conditions.
xvi) 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 shall be subject to the exclusive jurisdiction of the Courts of England and Wales.