| Terms and Conditions of Business |
Definitions:
| "the Aupair" |
means the Aupair found
by Jobs In Demand Childcare and who is the recipient
of the letter of invitation from the family
|
|
" We", "Our and "Us"
|
means Jobs In Demand Childcare
|
|
"You" and "Your"
|
means the family who commissions
Jobs In Demand Childcare to locate an Aupair on
their behalf and who accepts these Terms and Conditions as laid
out herein
|
Please click here to make on-line payments.
|
| Registration
1.1 You can register with Us by completing and submitting the Registration
Form, which sets out Your requirements. This can either be done on-line
(see Family Page) or You can request a paper copy from Us, which you are
required to complete and sign. We will use the information supplied in the
registration form as the basis of finding you an aupair. By submitting the
registration form you agree to accept these Terms and Conditions.
|
| Placement
2.1
We charge a fee for placing the Aupair with You ("the Placement Fee"). The Placement Fee is £300.00 and is not dependent on the duration of the Aupair with Your family. |
2.2
We are in constant contact with the Aupairs We recommend and if You
transfer or pass on the name and details of an Aupair to other families,
where the Aupair was initially introduced to You by Us, You will be liable
for the Placement Fee, in the event of another family engaging the Aupair
within 12 months of the Aupair's initial introduction to You by Us. As
soon as we are notified of the engagement We will invoice You for the
Placement Fee due which will be payable within 7 days of the invoice
date |
2.3
The Placement Fee will be payable to Us by You if the Aupair is engaged by
You within 12 months of our initial introduction to You where You have
previously declined the services of the Aupair |
| Terms of Payment
3.1
The Placement
Fee must be paid in full once the Aupair has accepted the position offered
and must accompany the Letter of Invitation to engage the Aupair. We will
send You a receipt to acknowledge payment, or an invoice (payable within 7
days) if the Placement Fee is not received by Us with the Letter of
Invitation. The Letter of Invitation will NOT be forwarded to the aupair
until payment is received. Time is of the essence for payment, as the
aupair visa will not be granted without the Letter of
Invitation. |
3.2
INTEREST ON UNPAID INVOICES:
FAILURE TO MAKE FULL PAYMENT OF ANY OF OUR FEES WITHIN 7 DAYS OF THE
INVOICE DATE WILL RESULT IN INTEREST BEING APPLIED TO THE OUTSTANDING
AMOUNT FROM TIME TO TIME AT A RATE OF 4% PER ANNUM ABOVE THE BASE RATE AS
VARIED OF LLOYDS TSB BANK PLC ACCRUING DAILY FROM THE DATE PAYMENT FELL
DUE DOWN TO THE DATE OF ACTUAL PAYMENT (BOTH DATES INCLUSIVE). ALL COSTS
AND EXPENSES INCURRED BY US TO RECOVER ANY UNPAID SUMS WILL ALSO BE DUE
FROM YOU |
| Refund/Replacement Policy
4.1
We are committed to matching the right Aupair to each family's individual
needs. However, if an Aupair leaves You voluntarily or You terminate the
Aupair's placement within 4 weeks of their start date, such start date as
confirmed to You in writing by Us, We will endeavour to provide a
replacement Aupair (" the Replacement Aupair ") at no additional cost to
You as soon as possible, provided that: |
4.1.1
You have complied with the Warranties contained in Clause 7; |
4.1.2
There are no monies outstanding; and |
4.1.3
You informed Us within 2 days of the Aupair leaving. |
4.2 The
suitability of the Replacement Aupair will be based on the information
provided by You to Us on the registration form and who in Our opinion is
the best match for You from the Aupairs on our database. |
4.3 We will
use Our reasonable endeavours to find a Replacement Aupair as soon as
possible but may not be able to do so immediately. However, where the Aupair
placement was for more than 4 weeks and within 4 weeks of the Aupair
leaving You a Replacement Aupair cannot be found, We will offer You a
refund of the Placement Fee as follows: |
4.3.1
Where the Aupair
was in the placement for a period less than or equal to 2 weeks: 70% of the Placement
Fee |
4.3.2
Where the Aupair
was employed for a period between 2 weeks and 4 weeks: 50% of the Placement
Fee |
4.4
If an Aupair or Replacement Aupair continues in Your employment for a period exceeding 4 weeks from their start date, no refunds will be made. |
4.5
For the
avoidance of doubt, should You decide to cancel the Aupair after the
position has been offered and accepted by the Aupair but before the Aupair
actually starts his/her placement with You, the Placement Fee is
payable. No refunds can be
made in these circumstances.
|
| Liability
5.1
For We
endeavour to ensure the integrity and suitability of the Aupair but cannot guarantee the accuracy of
references or personal details supplied by the Aupair to Us. |
|
5.2
For We
shall not be liable under any circumstances for any loss, damage, expense,
injury or inconvenience suffered or incurred by You in offering or
providing the placement to the Aupair. |
|
5.3
For We must emphasize that aupairs are NOT nannies that have
qualifications for childcare and aupairs often have limited childcare
experience. In the event that You decide to leave the Aupair in sole
charge of a child or children it is Your sole
responsibility. |
|
5.4
We shall
not be responsible for any breach by the Aupair of any agreed terms of
engagement or for any other act or omission whether wilful, negligent or
otherwise. |
|
5.5
The
Aupair is at no time directly or indirectly employed or engaged by Us. We
act as an introducer only between You and the Aupair. You acknowledge that
You will be responsible for all payments due to the Aupair whilst the
Aupair is engaged by You. You agree to indemnify us if we are held liable
to make any such payments to the Aupair by any external agency in respect
of the Aupair's engagement. |
| Accidents
6
We shall not be responsible for any accident or incident that may happen to
an Aupair by any person or be caused by an Aupair to any person. |
| Warranties
7.1
You confirm that all information supplied by You, both in the application form
and otherwise, is complete and correct. |
7.2
You will comply with these terms and conditions and make all payments in
accordance with these terms and conditions. |
7.3
You will at all times behave in a responsible, reasonable and caring way
towards the Aupair. |
| Third Party Claims
8
No third party shall acquire any rights under these terms and conditions. |
| DATA
PROTECTION NOTICE
9
JOBS IN DEMAND LIMITED WILL USE THE INFORMATION PROVIDED BY YOU TO CARRY
OUT OUR SERVICE OF MATCHING YOU WITH A SUITABLE AUPAIR. WE MAY DISCLOSE YOUR INFORMATION
FOR THIS PURPOSE TO OUR AGENTS OR POTENTIAL AUPAIRS WHO IN OUR OPINION
MEET YOUR REQUIREMENTS AND YOU HAVE CONSENTED TO US DISCLOSING THE
INFORMATION.
|
BY RETURNING THE REGISTRATION FORM TO US AND SIGNING THE SAME, YOU CONSENT TO OUR PROCESSING SENSITIVE PERSONAL DATA ABOUT YOU WHERE THIS IS
NECESSARY FOR THE PURPOSES DESCRIBED ABOVE, FOR EXAMPLE HEALTH
INFORMATION, NATIONALITY/RACE AND RELIGION.
|
YOU HAVE A RIGHT TO ASK FOR A COPY OF THE INFORMATION WE HOLD ABOUT YOU
(FOR WHICH WE MAY CHARGE A SMALL FEE) AND TO CORRECT ANY INACCURACIES IN
YOUR INFORMATION.
|
| Governing
Law
11
These terms
and conditions shall be governed by and construed in accordance with the
laws of England and the Parties irrevocably submit to the exclusive
jurisdiction of the English Court.
|