| Terms and Conditions of Business - Aupair Placement |
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
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" We", "Our and "Us"
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means Jobs In
Demand Childcare
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"You" and "Your"
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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
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Please click here to make on-line payments.
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| 1.
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 at the website (on-line)
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.
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| 2.
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. |
| 3. 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. |
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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 |
| 4.
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 fully complied with the Warranties contained in Clause 7; |
4.1.2
There are no monies outstanding; and |
4.1.3
You have 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.
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| 5.
Liability
5.1 We
will
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.
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5.2 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.
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5.3
We must emphasize that aupairs are NOT nannies who 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. |
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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.
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5.5 The Aupair is at no
time directly or indirectly employed or engaged by Us. We act
solely in an introductory capacity 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.
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| 6.
Accidents
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.
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| 7.
Warranties
7.1 You confirm that all
information supplied by You, both in the registration form and
otherwise, is complete and correct.
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7.2 You will comply with
these terms and conditions
of business and make all payments in accordance with these
terms and conditions of business.
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7.3 You will at all times
behave in a responsible, reasonable and caring way towards the
Aupair.
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| 8. Third Party Claims
No third party shall acquire any
rights under these terms and conditions of business.
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| 9. DATA
PROTECTION NOTICE
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.
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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.
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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.
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| 10.
Governing
Law
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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