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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

1.1You 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.

4.2The 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.

4.3We 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.

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