Family Terms & Conditions
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Family 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 for our Services identified on their Website application (referred to as the “Host Family”, “you” and “your”).
AGREEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
2.1 This Agreement, and any variations to this Agreement, forms the agreement between the Placement Coordinator and the Host Family.
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 We provide certain introductory services to prospective candidates to enable them to assess and engage a prospective Au Pair or Demi Pair (“Guest”).
3.2 We agree to provide the following introductory Services to you:
(a) interview the Host Family and conduct reference checks to determine their suitability for the exchange program (to be conducted in person, or over the phone or video conference at our discretion and at a time and place as we may reasonably require);
(b) liaise with our partner agencies to conduct background, reference, and other checks of, and to source prospective Guests;
(c) provide a handbook to the Host Family to be used as guidelines for the engagement of the Guest;
(d) arrange an orientation for the Host Family’s Guest with other Au Pairs or Demi Pairs (as appropriate) – this service applies to Perth only;
(e) assist with the Guest’s application for Working with Children Check; and
(f) facilitate communication and coordination between you and your prospective Guest prior to their arrival in Australia.REGISTRATION
4.1 You will complete the Host Family application on our Website and provide us with all requested details, including whether you are seeking an Au Pair or Demi Pair.
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 current police clearances for every adult (18+) residing in the family home, which must be no older than three (3) months prior to the date of the application (returning Host Family members’ police clearances must be renewed every two (2) years and provided to us);
(c) provide us with two personal referees for us to contact;
(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 the placement of a Guest.
4.4 The Website application may be completed online or you can print it and email it to us.FEES AND PAYMENTS
5.1 You agree to pay our Fees.
5.2 The Fees are set out in our Website and comprise:
(a) a non-refundable registration fee (“Registration Fee”) which is payable prior to your interview with us; and
(b) a placement fee (“Placement Fee”) which is payable:
(i) within seven (7) days of a Placement Confirmation being agreed between you and the Guest; and
(ii) before the Guest has confirmed their international travel arrangements to come to Australia (if applicable) and prior to their start date with you.
5.3 In all circumstances, the Registration Fee is non-refundable.
5.4 If you cancel a placement after you have agreed to the Placement Confirmation with a Guest the Placement Fee will be non-refundable, except in exceptional circumstances and at our sole discretion.
5.5 You agree to pay the Fees to us by electronic bank transfer.
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 the placement of a Guest with 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 Guest placement has been cancelled and all Fees already received will not be refundable.
5.8 You agree to indemnify us or your Guest for the costs incurred relocating your Guest from the Host Family home to temporary accommodation if their placement is terminated in accordance with clause 10.3 of this Agreement.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 you are participating in a cultural exchange program for the Guest to experience family life in Australia and for you to experience the Guest’s culture.
6.3 The Guest will live with and assist you in the family home for the periods of time and days specified on our website (which depends on whether the Guest is acting as an Au Pair or Demi Pair as more fully detailed on our Website) and in no event shall a Guest assist for more hours than allowable by the Guest’s Australian visa/cultural exchange program guidelines provided by the Cultural Au Pair Association of Australia (see https://capaa.org.au).
6.4 Host Families should seek their own independent professional advice about their contractual/legal obligations to their Guest.PLACEMENT CONFIRMATION
7.1 When you have selected a Guest, we will supply you with a Placement Conformation to be made between you, our partner agent, and the Guest, which you must promptly sign, date and return to us.
7.2 We will then send the signed Placement Confirmation to the Guest for their review and acceptance.
7.3 The Guest will not make any travel arrangements before the Placement Confirmation is signed, dated and agreed by both you and the Guest.
7.4 We will keep a copy of the executed Placement Confirmation on file.HOST FAMILY OBLIGATIONS TO GUESTS
8.1 You must:
(a) collect (and, if requested, return) the Guest from the airport (unless they are a Demi Pair who has arranged an airport transfer through their school);
(b) provide the Guest at no extra charge with:
(i) their own private furnished room (including a bed);
(ii) full board ((three) 3 meals a day, seven (7) days a week)
for the duration of the Guest ’s placement;
(c) ensure that the Guest has applied for a Working with Children Check within two (2) weeks of their arrival into Australia (and before any substantive child-minding activities have commenced);
(d) promptly pay to the Guest their weekly “pocket money” plus any extra hours the Guest is required for, all in accordance with the Placement Confirmation;
(e) promptly pay a bonus to the Guest on successful completion of the full duration of their placement (which must be equal to no less than two (2) weeks’ “pocket money”, or such greater amount as may be specified in the Placement Confirmation) – this applies to Au Pairs only;
(f) give at least two (2) weeks’ notice if the Guest’s engagement is cancelled by you and promptly pay to the Guest a notice payment of equal to no less than two (2) weeks’ “pocket money” upon giving such notice;
(g) if the Guest is required to drive as part of their placement:
(i) provide a fully comprehensively insured and safe motor vehicle or vehicles (together, the “Transport”);
(ii) assess the driving ability of their Guest before allowing the Guest solo use of the Transport;
(iii) ensure that the Guest is named as a driver on any Transport insurance policy/ies;
(iv) ensure any claims against the Guest for uninsured Transport damages or excess shall be limited to $500 provided that it is established that the Guest has operated the Transport negligently, which requires both the following criteria to be met:
(A) the Guest being issued with an infringement notice or driving suspension in relation to the incident; and
(B) if the Guest causes an accident where the accident was witnessed and confirmed in writing by a third party (or otherwise the Guest accepts responsibility for damage);
(v) pay for any excess relating to any Transport insurance claim; and
(vi) if the Guest is not named as a driver on the insurance policy, pay for the full cost of any Transport damage.
(h) ensure they comply with any legal obligations within their own State or Territory, including (but not limited to) insurance, tax, workers compensation insurance, employment laws and working with children checks; and
(i) allow the Guest up to a month “settling in” period where you agree to provide guidance and support to the Guest until they fully understand the workings of your family.CHILDREN UNDER 2 YEARS OLD
We do not recommend Guests have sole care for children under the age of 2 years.
DISPUTE RESOLUTION AND CANCELLATION BY HOST FAMILY
10.1 You agree to use your best endeavours to quickly and effectively resolve any disputes that arise with your Guest.
10.2 If a dispute cannot be resolved between you and the Guest, or in the event of a serious breach of trust or other significant issue, we will facilitate a dispute resolution process between you and the Guest.
10.3 If, following such dispute resolution process, a satisfactory resolution is not reached and you elect to terminate the Guest’s placement, you must provide the Guest two (2) weeks’ written notice of their termination of engagement which must including cogent reasons for the decision (“Termination Notice”). A copy of such Termination Notice must be promptly given to us.REPLACEMENT GUESTS
11.1 In the event:
(a) you terminate the engagement of a Guest within the initial month settling in period, or
(b) a Guest terminates their engagement or otherwise leaves,
we will make reasonable endeavours to find a replacement Guest for you, subject always there being any suitable candidates available, which shall be in our sole opinion.
11.2 You acknowledge and agree that if you terminate the engagement of a Guest after the initial month settling-in period, a replacement Guest will not be sought unless the Guest materially breached the terms of the established guidelines, which shall be in our sole opinion.
11.3 You acknowledge and agree that, despite our reasonable endeavours to source a replacement Guest, a replacement suitable Guest may not be readily or at all available and, if no replacement is available, you may elect to terminate your engagement with us. In the event of such termination, we may at our absolute discretion, reimburse of a portion of the Placement Fee.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) if the principal or primary engaging member of the Host Party loses legal capacity; or
(c) if you breach any of the terms of this Agreement.
12.2 You may terminate this Agreement by written notice if your engagement of the Guest and the Placement Confirmation terminates.
12.3 You acknowledge that a portion of the Fees paid are non-refundable as specified in this Agreement.
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) our sharing your information with our partner agencies and prospective Guests to facilitate a placement for you;
(b) the processing of your data in accordance with the Australian Privacy Principles and their Guidelines, the Privacy Act, and the GDPR.
15.4 In accordance with GDPR compliance, we will arrange for checks on Guest’s documentation, but may not be able to directly access or share some of that information online or electronically.
15.5 You understand that profiles of potential Guests should be viewed online and downloading or copying them is strictly prohibited under the GDPR and any details (files/photos, etc.) of any unsuccessful applicant Guests should be deleted immediately.
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 you 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 are 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:
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.
Guest means an Au Pair or Demi Pair (as the case may be), the subject of the prospective engagement by you under the Placement Confirmation.
Host Family means the party engaging the Placement Coordinator’s services (also referred to as “you”).
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:
(a) loss, including but not limited to direct loss, consequential loss, special loss, loss of anticipated profits and/or loss of business opportunity;
(b) liability;
(c) damage including but not limited to any damages or compensation and/or any damage to reputation; and/or
(d) 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”).
Placement Fee has the meaning given in clause 5.
Privacy Act means the Privacy Act 1988 (Cth).
Registration Fee has the meaning given in clause 5.
Unforeseen Event means an event which is beyond our reasonable control and includes but is not limited to the following types of events:
(a) an act of God;
(b) 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;
(c) weather sufficiently inclement to prevent a party from performing an obligation under this Agreement;
(d) natural catastrophes, fire, earthquake, lightning or explosions;
(e) 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);
(f) strikes, lock outs, slowdowns, stoppages and restraints of labour;
(g) lawful restraints;
(h) prolonged energy shortages, prolonged embargoes or prolonged lack of availability of raw materials;
(i) changes in laws or regulations; and
(j) 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.