Au Pair & Demi Pair Terms & Conditions
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Au Pair & Demi Pair Terms and Conditions
PARTIES
This Agreement is made between Au Pair & Nanny Network Australia (ABN 67 991 193 573) (referred to as the “Placement Coordinator”, “us”, “we” and “our”) and the persons registering on our Website who are requesting our Services seeking Au Pair or Demi Pair placements (referred to as the “Applicant”, “you” and “your”).
AGREEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
2.1 This Agreement, and any variations to this Agreement, form the agreement between the Placement Coordinator and the Applicant.
2.2 The parties agree to be bound by and to comply with all the terms and conditions of this Agreement, including any variations agreed in writing and any other documents referred to in this Agreement.SERVICES PROVIDED BY PLACEMENT COORDINATOR
3.1 In consideration for the Fee, we will provide you with the following introductory Services:
(a) interview you and conduct reference checks to determine your suitability for the exchange program;
(b) confirm your eligibility for a visa in the host country;
(c) confirm/check your childcare experience and qualifications (if any); and
(d) facilitate communication and coordination between you and the prospective Host Family.
3.2 If your destination is Perth, Western Australia, we will also provide you with an orientation day within the first month of your placement, which may include the following:
(a) a training manual to assist you in your new venture including activities, guidelines, tips and advice;
(b) copy of the Drive Safe WA booklet (for Applicants who will be driving);
(c) assistance with completing forms (such as the mandatory Working with Children Check (the cost of which is your responsibility);
(d) answer any reasonable questions or concerns; and
(e) provide contact details of other Au Pair or Demi Pair applicants to provide you with a network and assist with your integration into your new role.REGISTRATION AND OBLIGATIONS
4.1 You will complete the Au Pair or Demi Pair application on our Website and provide us with all requested details, including whether you are seeking an Au Pair or Demi Pair position.
4.2 As part of the application process, you must:
(a) be truthful, transparent and honest with your answers and information during the application process and subsequently during the term of this Agreement;
(b) provide us with:
(i) a fully completed application form for Au Pairs or Demi Pairs (as applicable);
(ii) three references we can contact to assess for your experience with children (examples include non-family members whose children you baby sat, teachers or employers, but not relatives);
(iii) a current police clearance from your home country of residence which must be obtained within three (3) months of your registration with us (and prior to any placement);
(iv) a copy of your current passport (the validity and condition of which must comply with Australian immigration rules and your particular visa requirements and must be valid for at least six (6) months after your departure date);
(v) a copy of your driving license (if you have one);
(vi) a completed medical certificate from your Doctor stating you are medically cleared to work with children in the destination country on the cultural exchange program;
(vii) any relevant current qualifications or certificates you hold (e.g., childcare, swimming life-saving, first aid, etc.)
(viii) a cover letter and photos for your prospective Host Family (make it as fun and enjoyable to read as possible, describing your hobbies and all about you);
(c) be eligible for:
(i) (for Au Pairs) an Australian Working Holiday Visa; or
(ii) (for Demi Pairs) an Australian Working Holiday Visa or Australian Student Visa (as applicable to your circumstances),
(see: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing);
(d) agree to an interview/consultation with us; and
(e) promptly notify us of any changes to personal details/circumstances throughout.
4.3 Failure to provide all requested details may cause delays or cancellation to a placement.
4.4 The Website application may be completed online or you can print it and email it to us.
4.5 Following submission of your application, you must be available to speak or otherwise communicate with us at any reasonable time about your application and any placements.FEES AND PAYMENTS
5.1 If you apply directly with us, on signing and returning the Placement Confirmation, you must promptly pay us no later than seven (7) days after the date you signed the Placement Confirmation the applicable placement Fee, which is payable prior to placement with your Host Family.
5.2 Our Placement Fees for Au Pairs and Demi Pairs are set out on our Website and may be payable in one or more instalments as shown.
5.3 Placement Fees will not be refunded for any change of mind.
5.4 In the event of relocation to a different Host Family (subject to availability) there is an additional relocation Fee (as set out on our Website). You may have to fund your own accommodation costs until a replacement Host Family has been arranged.
5.5 You agree to pay all Fees and other amounts owing to us by electronic bank transfer in Australian Dollars.
5.6 Notwithstanding any other provision of this Agreement, if you fail to pay any Fees within seven (7) days of their due date, we reserve the right to withhold or suspend your placement with a Host Family you until all Fees due under this Agreement are received.
5.7 If any Fees are not received within fourteen (14) days of their due date, we reserve the right to notify you that your placement has been cancelled and all Fees already received will not be refundable.RELATIONSHIP BETWEEN THE PARTIES
6.1 Nothing in this Agreement gives rise to any relationship of partnership, employment or otherwise between the parties.
6.2 You acknowledge that you are participating in a cultural exchange program for you to experience family life overseas and to give the Host Family an opportunity to learn about your culture.
6.3 You will live with and assist the Host Family mainly with childcare duties and as otherwise agreed for the periods of time and days specified on the Placement Confirmation and/or Website (as the case may be), and which will depend on whether you are an Au Pair or Demi Pair, and in no event shall you assist for more hours than allowable by your relevant visa.
6.4 You should seek your own independent immigration, legal, tax and accounting advice surrounding your placement.PLACEMENT CONFIRMATION
7.1 When you have selected and confirmed your choice of Host Family, and the Host Family has agreed to take you on, we will supply you with a Placement Conformation signed by the Host Family for you to then promptly review, sign, date and return to us.
7.2 You must not make any travel arrangements before you have received the Placement Confirmation and signed and dated it as this is the contract between you and Host Family.
7.3 We will keep copy of the signed Placement Confirmation on file.YOUR OBLIGATIONS TO YOUR HOST FAMILY
You must:
(a) from the date you submit your application be available to speak or otherwise communicate with your prospective Host Family at any reasonable time; and
(b) during your stay with your Host Family:
(i) perform the duties prescribed by the Host Family in exchange for bed, board (including meals) and weekly pocket money as agreed in the Placement Confirmation; and
(ii) carry out your duties for the agreed hours and days each week during your placement as set out in the Placement Confirmation, as failure to do so are grounds for cancellation of the placement by the Host Family.YOUR RELATED PLACEMENT COSTS
9.1 You are solely responsible for the following ancillary costs of your placement:
(a) all relevant immigration and visa applications and fees payable in the destination country;
(b) return travel costs including flights to nearest airport of your placement;
(c) travel and medical insurances (including repatriation costs); and
(d) any income or other taxes payable in the destination country on the pocket money and any other money you are paid by the host family.
9.2 You must also ensure that you have enough money for the duration of your stay to cover any additional costs such as additional transport costs and mobile phone usage.USE OF MOTOR VEHICLES
10.1 You acknowledge and agree that the Host Family does not have to provide a motor vehicle for your use if it is not required as part of your duties.
10.2 If the Host Family requires you to drive as part of your duties, you must ensure you hold the correct driving licence to drive a motor vehicle in the country of destination and apply for and hold an international drivers permit if required.
10.3 If you are provided with the use of a motor vehicle as part of your placement, the Host Family may request to assess your driving ability before allowing you use of their motor vehicle.CANCELLATION OF PLACEMENT BY APPLICANT
11.1 You may cancel a Placement Confirmation prior to your departure to the Destination country by providing us with no less than 2 weeks’ written notice (which may be by email).
11.2 If you cancel a Placement Confirmation less than two (2) weeks before your departure date to the destination country (including after you have begun your placement with your Host Family), you will be required to pay an additional cancellation Fee as set out on our Website. This is in addition to any fees imposed by external agencies.
11.3 If you cancel a placement but wish to be engaged by a different Host Family, you may be required to pay an additional replacement Fee (which we will advise you of beforehand) and you acknowledge that an alternative Host Family may be not readily available and you may have to fund your own accommodation costs until a replacement Host Family has been arranged.TERMINATION
12.1 We may terminate this Agreement and cancel the Services by written notice in our absolute discretion:
(a) if in our reasonable opinion, you have made a false or misleading representation or engaged in misleading and deceptive conduct;
(b) you lose legal capacity; or
(c) you breach any of the terms of this Agreement.
12.2 You may terminate this Agreement at least two (2) weeks’ prior to your arrival in the destination country by providing us with notice in writing.
12.3 You acknowledge that a portion of the Fees paid are non-refundable.
12.4 Subject to the above and unless terminated earlier, this Agreement terminates on the date when both parties have satisfied and fulfilled all their obligations under this Agreement.LIMITATION OF LIABILITY
13.1 You agree that we and our partner agencies are not liable for any actions, claims or Loss or injury sustained in any way arising out of or relating to the matters contemplated In this Agreement for an amount greater than the Fees paid under this Agreement
13.2 Neither party is liable for special, incidental, indirect, consequential or punitive Loss or damages, costs expenses or Losses of any kind, or lost or incorrect data.
13.3 This clause applies regardless of the form or action, damage, claim, liability, cost, expense or Loss whether in contract, statute or tort (including without limitation to negligence) or otherwise.
13.4 You acknowledge that the collection, storage and provision of data on local and remote servers presents inherent security risks and risk of Loss. You agree you will not hold us liable for any Loss, theft or corruption of any data collected, stored or provided by us or any damage caused that does not directly result from gross negligence.INDEMNITY
Each party (“Indemnifying Party”)indemnifies the other party (and in the case of the Placement Coordinator, their personnel and partner agencies) (“Indemnified Parties”) against any claim or proceeding that is made, threatened or commenced, and against any liability, Loss, damage or expense (including legal costs on a full indemnity basis) any of the Indemnified Parties incurs or suffers as a direct or indirect result of any of the following:
(a) any breach of this agreement;
(b) a wilful, unlawful or negligent act or omission by the Indemnifying Party;
(c) damage or Loss of any property;
(d) any breach of Law by the Indemnifying Party;
(e) any act or omission of fraud, dishonesty, reckless or wilful misconduct or misrepresentation by the Indemnifying Party.PRIVACY STATEMENT AND PERSONAL INFORMATION
15.1 Any Personal Information provided to us during the placement process will be retained predominantly in electronic format.
15.2 The Privacy Policy sets out how we collect, hold, use and disclose Personal Information. It further sets out procedures for accessing and correcting Personal Information. Your Personal Information is collected, held, used and disclosed for the following reasons:
(a) to enable us to provide the services;
(b) to respond to requests or queries;
(c) to maintain contact with you;
(d) for administrative purposes; and
(e) to meet any regulatory requirements.
15.3 You acknowledge and consent to:
(a) us sharing your information with our partner agencies and prospective Host Families to facilitate your placement;
(b) the processing of your data in accordance with the Australian Privacy Principles and their Guidelines, the Privacy Act, and the GDPR.
15.4 We will protect your Personal Information according to the Australian Privacy Principles and their Guidelines, the Privacy Act, and the GDPR.
15.5 In accordance with GDPR compliance, we will check your documentation but may not be able to share some of that information online or electronically and you may be requested to produce that information/documentation directly to your Host Family.
15.6 Personal Information will be retained by us for a minimum of seven (7) years, after which time the documents may be deleted or destroyed.UNFORESEEN CIRCUMSTANCES
If we are delayed, hindered, or otherwise prevented from complying with our obligations under this Agreement by reason of events or circumstances beyond our reasonable control, including by reason of an Unforeseen Event, or any other circumstance affecting the supply of the Services, we will not be liable for any Loss or damage the Host family may suffer, whether as a direct or indirect result of any such circumstances.
ELECTRONIC COMMUNICATIONS
17.1 During the performance of the Services, messages and documents may be sent between the parties by email. As email carries with it the possibility of inadvertent misdirection, or non-delivery of confidential material, unless you notify us otherwise you consent to the use of email in accordance with this clause.
17.2 Where Personal Information is being sent via email we will password protect that information. All risks connected with sending personally sensitive information electronically are borne solely by you and is not our responsibility.INTELLECTUAL PROPERTY
18.1 You expressly agree and acknowledge that any Intellectual Property in the Services (whether unregistered, registered or registrable) is our property and nothing in this Agreement is intended to provide you with any interest in our Intellectual Property.
18.2 You agree not to copy, alter, modify or in any way interfere with the Services or the Intellectual Property in the services, including any documents, handbooks, brochures or materials. You must not do anything that may infringe on our Intellectual Property Rights.GENERAL
19.1 Severability
If any provision of this Agreement at any time is or becomes void or voidable or unenforceable, the remaining provisions will be replaced by a lawful and enforceable provision which, so far as possible achieves the same economic and other benefits as the voided, unlawful or unenforceable provision, was intended to achieve.
19.2 Governing Law
This Agreement shall be governed by the laws of Western Australia and the parties unconditionally submit to the jurisdiction of the courts of Western Australia.
19.3 Further Assurances
Each party must promptly do whatever any other party reasonably requires of it to give effect to this Agreement and to perform its obligations under this Agreement.
19.4 Variation
No variation of this Agreement is effective unless made in writing and signed by each party.
19.5 Assignment
Neither party may assign or novate any of its rights or obligations under this Agreement without the other party’s prior written consent.DEFINITIONS
In this Agreement the following terms have the following meanings:
Applicant means the person requesting a placement with us to provide Au Pair or Demi Pair services to a Host Family under the cultural exchange program (also referred to as “you”).
Fees means those amounts referred to on our Website, which are subject to change from time to time.
GDPR means the European Union General Data Protection Regulation.
Host Family means the prospective persons seeking the Applicant’s services under the cultural exchange program.
Intellectual Property includes but is not limited to all trademarks, patents, copyright, designs, marks, processes, know-how, methodology, concepts, models, specifications, statements, formulae, trade secrets, manner of new manufacture, drawings, artwork and data or other like property or rights owned or held by us. These rights include but are not limited to:
(a) marks, logos, images, service marks, trade names, business names, internet domain names, slogans, symbols, brand names, copyright or other trade indicia; and
(b) all rights in information, know-how, processes, procedures, compositions, devices, methods, formulae, protocols, techniques, software, designs, drawings, programs, source code, dynamic link libraries, graphical user interfaces, trade secrets or data whether or not protectable by patent application design registration, copyright, circuit layouts or otherwise, whether unregistered, registered or registrable.
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity anywhere in the world in or in relation to copyright, trademarks, designs, patents, methodology, concepts, models, circuit layouts, plant varieties, business and domain names, inventions and confidential information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include:
(a) all rights in all applications to register these rights including all rights to claim Paris Convention priority;
(b) all renewals and extensions of these rights; and
(c) all rights in the nature of these rights, such as moral rights.
Law means any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time to time in Australia, whether made by a State, Territory, the Commonwealth or a local government, and includes the common law and equity as applicable from time to time, and any mandatory standards or industry codes of conduct.
Loss means:
(d) loss, including but not limited to direct loss, consequential loss, special loss, loss of anticipated profits and/or loss of business opportunity;
(e) liability;
(f) damage including but not limited to any damages or compensation and/or any damage to reputation; and/or
(g) cost or expense including legal costs on a full indemnity basis.
Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in material form or not, about an individual whose identity is apparent, or can be reasonably ascertained, from the information or opinion.
Placement Confirmation means an agreement or invitation received by the Placement Coordinator from a partner agency which contains the length of placement and basic outline of the expected role of the Guest within the Host Family
Placement Coordinator means Au Pair & Nanny Network Australia (ABN 67 991 193 573) (also referred to as “we” and “our”).
Privacy Act means the Privacy Act 1988 (Cth).
Unforeseen Event means an event which is beyond our reasonable control and includes but is not limited to the following types of events:
(h) an act of God;
(i) war or other state of armed hostilities, insurrection, riot, civil commotion, act of public enemies, acts of terrorism, national emergency (whether in fact or in law) or martial law;
(j) weather sufficiently inclement to prevent a party from performing an obligation under this Agreement;
(k) natural catastrophes, fire, earthquake, lightning or explosions;
(l) pandemic, epidemic or quarantine (including any Government-mandated ‘lockdown’ restrictions on travel, social interaction, access to public spaces or imposition of stay-at-home orders);
(m) strikes, lock outs, slowdowns, stoppages and restraints of labour;
(n) lawful restraints;
(o) prolonged energy shortages, prolonged embargoes or prolonged lack of availability of raw materials;
(p) changes in laws or regulations; and
(q) action or inaction by, or orders, judgments, rulings, decisions or enforcement actions of, any government, governmental authority or court of competent jurisdiction whether local, State or Federal (including denial, refusal or failure to grant any permit, authorisation, licence, approval or acknowledgment despite timely endeavours to obtain same).
Website means www.aupairnetwork.com.au.