© 2014 by perfect aupairs australia

ACN 633 555 923

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TERMS AND CONDITIONS

Set out below are the terms and conditions under which Perfect Au Pairs offers Au Pair Introduction Services.  If accepted, these terms and conditions, together with Our Schedule of Fees and Charges  set out the terms of an agreement between You and Us (collectively “Terms and Conditions”).

1.          Definitions and Interpretation

1.1.  Definitions

In these Terms and Conditions, unless the context suggests otherwise, the following terms have the following meanings:

“Application Form” means a form submitted by You requesting the Au Pair Introduction Services You wish to acquire.

“Au Pair” means a Candidate We introduce to You that is offered a Placement with or is hosted by You in Your home.

“Au Pair Introduction Services” means the services We provide by introducing Candidates to You and other families that are interested in hosting an Au Pair or having an Au Pair Placed with them.

“Candidate” means a potential Au Pair introduced by Us to You pursuant to these Terms and Conditions.

“Demi-Pair” means an Au Pair who is also a student that is studying in Australia and who is engaged as a Demi-Pair.

“GST” means goods and services tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Placement” means the hosting or employment or engagement of an Au Pair and the terms “Place” or “Placed” have a corresponding meaning.

“Short Term Au Pair” means an Au Pair who accepts a Placement of three months or less.

“Tax Invoice” means a Tax Invoice within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Terms and Conditions” means these terms and conditions together with Our Schedule of Fees and Charges located at http://www.perfectaupairs.com.au/fees.

“We”, “Us”, “Our”, “Perfect Au Pairs” and “Agency” means Perfect Au Pairs ACN 633 555 923.

“You” means the person or people who engage Us to identify Candidates on their behalf.

1.2.  Interpretation

In these Terms and Conditions, unless the context suggests otherwise:

  1. a reference to another instrument includes any variation or replacement of either of them;

  2. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re‑enactments or replacements of any of them;

  3. the singular includes the plural and vice versa;

  4. the word person includes a firm, a body corporate, an unincorporated association or an authority;

  5. a reference to a person includes a reference to the person's executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and assigns;

  6. if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive to that day; and

  7. a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.

2.          About Perfect Au Pairs

2.1.  The au pair programme is a cultural exchange programme designed to enable au pairs to discover Australian culture and improve their spoken English by living with and being treated as a member of an Australian host family.

2.2.  Perfect Au Pairs is an introduction agent that provides Au Pair Introduction Services.  Perfect Au Pairs does not directly or indirectly employ Candidates or Au Pairs.

2.3.  Au Pairs are expected to undertake chores involving childcare and light housework.  In exchange, host families provide Au Pairs with suitable accommodation (comprising of a private bedroom), full board and pocket money.  Au Pairs are not ordinarily intended to be employees, housekeepers or nannies.  Where this is the case, the obligations and duties undertaken by Au Pairs must reflect this intention.  Au Pairs may, however, be employed by You, in which case You must offer minimum terms and conditions of employment that comply with Australian employment and taxation laws.  This will involve agreeing with the Au Pair hours of work, rates of pay and the specific duties to be performed by the Au Pair during working hours.

2.4.  If You decide that it is appropriate that You employ Your Au Pair, Perfect Au Pairs does not offer payroll services but can introduce You to payroll and other service providers who can assist You to meet Your minimum statutory obligations.

3.          How to obtain Our Au Pair Introduction Services

3.1.  You may submit a request to obtain Au Pair Introduction Services by submitting an Application Form.  By submitting an Application Form, Youagree to and accept the Terms and Conditions.  If You do not agree to the Terms and Conditions, You may not submit an Application Form.

3.2.  By submitting an Application Form, Youwarrant that the information You provide at the time of application is correct, that You will advise of Us if any of the information You submit in Your Application Form changes, and that You will at all times behave in a responsible, reasonable and caring manner towards any Au Pair Placed with You.

3.3.  Requests to receive Au Pair Introduction Services are offers to acquire Au Pair Introduction Services in accordance with the Terms and Conditions.  When We accept a request to provide You with Au Pair Introduction Services We will send You an Email Confirmation setting out details of the Au Pair Introduction Services to be provided.  When You receive the Email Confirmation it represents an agreement by Us to supply You with Au Pair Introduction Services specified in the Email Confirmation in accordance with the Email Confirmation and the Terms and Conditions.

3.4.  To the extent permitted by law, We reserve the right to accept or reject any request to receive Au Pair Introduction Services for any reason (or no reason) at any time including, without limitation, because of an error in a price or fee specified by Us, an error in Your Application Form or the discontinuance of a promotion.

3.5.  In the event that We reject a request to provide You with Au Pair Introduction Services We will notify You of that rejection and the reason for rejection. 

3.6.  We will not be liable to You for Your loss of any kind (including without limitation any consequential, direct or indirect loss) or that of any third party for the rejection of Your request to receive Au Pair Introduction Services.

3.7.  The Terms and Conditions may be varied by Us from time to time in Our sole discretion and by submitting an Application Form at any time, You acknowledge that You have read, understood and agreed to be bound by the Terms and Conditions in use at that time.

4.          Our Responsibilities

4.1.  We undertake that We will:

(a)       take reasonable steps to ensure We only forward to You details of a Candidate where We have their permission to do so;

(b)       take reasonable steps to present only Candidates who, in Our opinion, are potentially suitable for Placement with You;

(c)       take reasonable steps to validate relevant information is collected from Our Candidates and alert You to those aspects candidate’s information that We have not been able to satisfy ourselves are substantially accurate, complete or up to date;

(d)       arrange interviews between You and selected Candidates;

(e)       subject to negotiating fees and charges, carry out services and tasks as are specifically agreed with You in writing.

5.          Your Responsibilities

5.1.  By submitting an Application Form or offering a Candidate a Placement You agree that You will:

(a)       notify Us and any Candidate accepted for Placement by You if there are any material change in Your circumstances or the circumstances of Your family. A material change may include, but is not limited to changes to Your family arrangements regarding working hours, number of children, separation, divorce and the facilities to be offered during the Placement;

(b)       not share or provide the details of any Candidate with any other person or entity without Our written permission;

(c)       provide complete, accurate and up to date information when dealing with Us and Our Candidates;

(d)       notify Us immediately of:

(i)            the outcome of any interview between You and a Candidate;

(ii)           any offer (or acceptance of any offer) in relation to a Placement of any Candidate with You, or a person on whose behalf or for whose benefit You may be acting, or to whom You have communicated any personal information about a Candidate;

(e)       pay the Placement Fee in accordance with these Terms and Conditions;

(f)        be responsible for determining whether Candidates are suitable to be Placed with You;

(g)       comply with all laws in relation to hosting an A Pair or any Placement including without limitation any laws relating to taxation and employment;

(h)       verify that Your Au Pair obtains an appropriate Working With Children’s check in the State where You reside;

(i)         verify that Your Au Pair has obtained a Working With Children’s approval before You allow Your Au APair to undertake any childcare responsibilities;

(j)         take out and maintain all necessary insurances in relation to Your Au Pair and the Placement including adequate motor vehicle insurance prior to allowing or requiring the Au Pair to drive any motor vehicle owned or operated by You;

(k)       before allowing or asking an Au Pair to drive or operate any motor vehicle owned or operated by You, provide to the Au Pair two (2) driving lessons with a qualified professional motor vehicle driving instructor in order to ensure that the Au Pair is competent to drive in Australia.  For the avoidance of doubt, We will not be responsible for any loss or damage of any kind and on any basis (including negligence) arising, whether directly or indirectly, as a result of an Au Pair driving a motor vehicle or being unable to drive a motor vehicle;

(l)         comply with the policies and guidelines of Perfect Au Pairs about which You are notified from time to time, including without limitation our “Information for Families” document; and

(m)      arrange and pay for the costs of Your Au Pair travelling between their point of entry and/or exit to Australia and Your home at the beginning and end of any Placement.

6.          Your relationship with Au-Pairs Placed with You

6.1.  Au Pairs are young people who live with an Australian family so they can learn about the English language and Australian culture. Ordinarily Au Pairs who are Placed with Families by Us are not intended to be employees.  In some cases it may be appropriate for Families to employ the Au Pair.  However, in all cases:

(a)       Au Pairs should be treated as family members and given the choice to be included in family activities;

(b)       Au Pairs must be given their own bedroom and offered full board; and

(c)       it is appropriate to specify and agree with the Au Pair house rules that Your family members, and the Au Pair, are expected to follow.

7.          Placement Fees

7.1.  We act as an agent solely for the purpose of effecting introductions between You and Candidates.  Save as provided by these Terms and Conditions, We do not provide any guarantees with respect to Placements made by us.   A Placement Fee will therefore become payable by You upon You offering, and a Candidate verbally accepting, a Placement with You of any kind within 12 months of Us first introducing that Candidate to you.  This Placement Fees is non-refundable and remains payable, in full, if You cancel the Placement prior to its commencement, or if the Placement ends before its expected end date, for any reason.

7.2.  Different Placement Fees are charged for Short Term Au Pair Placements and longer Au Pair Placements.  An additional Placement Fee may therefore become payable by You where You and an Au Pair agree to extend the length of their Placement, provided that the maximum aggregate Placement Fees Payable will be the Placement Fees that would be payable for a six month Placement.

7.3.  Placement Fees will also be payable by You for any Candidate that is Placed with, employed by or engaged by a third party within 12 months of Us first introducing that Candidate to You, where You have shared information regarding that Candidate with a third party and it has led to the Candidate’s Placement.

7.4.  All fees and charges quoted by Us are exclusive of GST. GST at the prevailing rate will be added to Our tax invoice.

7.5.  A tax invoice will be issued by Us upon Us receiving verbal confirmation that a Candidate has accepted an offer of a Placement from you.  Subject to receipt of an invoice in accordance with this clause, You must pay to Us the Placement Fee plus any GST within 3 days of receipt of the Tax Invoice.

7.6.  If the Placement Fees are not paid to Us by the nominated date We may, at Our option, elect to:

  1. charge You interest at an interest rate of 10 % on any outstanding amounts if those outstanding amounts remain unpaid for more than 10 days from the due date; or

  2. terminate the Placement and/or these Terms and Conditions and cease providing Au Pair Introduction Services to You.

7.7.  We reserve the right to place Candidates with alternative families should Our Placement Fees not be paid by their due date.

8.          Replacements and refunds

8.1.  If the Au Pair:

  1. fails to commence the Placement;

  2. performs unsatisfactorily in the Placement and the Placement is terminated for that reason within twenty-one (21) days following the commencement of the Placement; or

  3. terminates the Placement within twenty-one (21) days following the commencement of the Placement,

then, subject to clauses 8.2 and 8.3, We will use Our best endeavours to present to You a replacement Candidate at no extra charge.

8.2.  Our obligations under clause 8.1 arise if and only if:

  1. the Au Pair to be replaced was not a replacement Candidate Placed under clause 8.1;

  2. the Au Pair was not a Short-Term Au Pair or Demi-Pair.  For the avoidance of doubt, no replacements are offered for Short Term Au Pair or Demi-Pair Placements;

  3. You have paid Our Placement Fees in respect of that Placement by its due date;

  4. You notify Us immediately of any circumstance that may result in Our being required to perform Our obligations under this clause 8;

  5. You notify Us in writing of the termination of the Placement three days prior to the termination, or where this is not possible immediately following the termination, stating the date and reason(s) for termination;

  6. You have made a reasonable attempt to welcome and orient the Au Pair to Your home, including without limitation providing the Au Pair with, and seeking to agree, a schedule and list of expected duties and/or house rules;

  7. the termination of the Candidate’s placement is not:

    1. due to the English language skills of the Au Pair;

    2. due to the Au Pair’s driving skills;

    3. due to any false or misleading representation made to the Au Pair in connection with the Placement;

    4. reasonably necessary in order to protect the health and safety of the Au Pair;

    5. due to any action on Your part which might make the termination of the Placement unlawful or unreasonable;

    6. as a result of Your unreasonable or inappropriate conduct or the unreasonable or inappropriate conduct of a member of Your family, household or guest; or

    7. due to any breach by You of the Terms and Conditions or the terms of any agreement or understanding between You and the Au Pair, including without limitation where You fail to pay the Au Pair as agreed or You require the Au Pair to undertake duties not otherwise agreed with the Au Pair.

8.3.  If We agree that We will use Our best endeavours to present to You a replacement Candidate, Perfect Au Pairs does not guarantee that:

(a)       a replacement Candidate will be available for immediate Placement;

(b)       a replacement Candidate will be available for the same periods as the original Au Pair; or

(c)       a replacement Candidate will be of the same or any particular nationality.

9.          Early Termination of Placement

9.1.  A Placement may be terminated by an Au Pair or Us prior to its expected end date if:

(a)       You have made any false or misleading representation to the Au Pair or Us in connection with the Placement;

(b)       it is reasonably necessary to terminate the Placement in order to protect the health and safety of the Au Pair;

(c)       You or a member of Your family, household or guest has engaged in unreasonable or inappropriate conduct towards the Au Pair; or

(d)       You have breached the terms of any agreement or understanding between You and the Au Pair or these Terms and Conditions.

9.2.  A Placement may be terminated:

(a)       by You or the Au Pair prior to the expected end date on the provision of two weeks’ notice; or,

(b)       by You prior to the expected end date if You do not provide two week’s notice, by paying for the Au Pair’s accommodation and meal costs for a two week period.

9.3.  A Placement may be terminated by You with immediate effect if the Au Pair:

(a)       commits an act of dishonesty;

(b)       commits an act or omission which has the effect of seriously damaging  Your trust and confidence in the Au Pair;

(c)       commits a serious breach of any employment contract with You; or

(d)       commits any act or ommission that would entitle You to dismiss the Au Pair from their employment without prior notice at common law,

provided that You advise Us of the termination three days prior to You advising Your Au Pair of the termination, or if this is not possible immediately after You advise the Au Pair of that termination.   

9.4.  In the event that a placement is terminated in circumstances falling within clauses 9.1 or 9.2, You must pay the Au Pair’s relocation costs in order to return the Au Pair to their place of exit from Australia or, at their option, their relocation costs in order for the Au Pair to relocate to a new host family.  Any such relocation costs will include any accommodation and meal costs reasonably incurred prior to their relocation or return.

9.5.  In the event that a Placement is terminated in circumstances falling within clause 9.1 You will also be required to pay for the Au Pair’s accommodation, pocket money (or wages if the Au Pair is an employee) and meal costs for a two week period.

10.       Confidential Information

10.1.               You agree that You will not, without Our prior written consentdirectly or indirectly:

(a)       disclose or publish, or permit the disclosure or publication of, any Confidential Information to any person; or

(b)       use, or permit the use of any Confidential Information,

other than:

(c)       as necessary in order to give effect to these Terms and Conditions;

(d)       as required by a law of Australia;

(e)       by way of a disclosure to professional advisers for the sole purpose of seeking advice; or

(f)        where, at the time of, or since, entering into these Terms and Conditions the information has become (other than by a breach of these Terms and Conditions), available in the public domain.

10.2.               For the purposes of these Terms and Conditions, Confidential Information means any information whatsoever, of a confidential nature, (whether provided verbally or by way of a document or other material in human or machine readable form) which relates to Us and Our Candidates and includes:

  1. information regarding the identity or relating to a Candidate;

  2. information which is marked as confidential by Us; and

  3. information which You know, or ought to know, is confidential.

10.3.               You agree to take all necessary steps to ensure that all members of Your family and any professional advisers You consult are made aware of and comply with the obligations of confidentiality imposed by these Terms and Conditions.

11.       Warranties, Liability and Indemnities

11.1.               Warranties

You warrant that:

(a)       You have read and understood the Terms and Conditions and agree to comply with them at all times;

(b)       You have not been induced to agree to the Terms and Conditions by reason of any promise, representation, warranty or guarantee or undertaking whatsoever other than as is expressly stated in the Terms and Conditions;

(c)       You have been given the opportunity to take legal advice on these Terms and Conditions, on the terms upon which You may choose to offer a Placement to a Candidate and as to Your obligations in respect of any Placement of an Au Pair, including without limitation Your obligations arising under employment and taxation related legislation;

(d)       You have the power and authority to perform any obligations imposed on You by the Terms and Conditions and have taken all necessary action in order to authorise Your agreement to these Terms and Conditions;

(e)       You have complied with all laws; and

(f)        You have obtained all third party approvals necessary for You to perform Your obligations under the Terms and Conditions.

11.2.               Liability

(a)       We make no representation or guarantee that We will be able to successfully Place a Candidate with You.

(b)       To the extent permitted by law, We limit Our liability in respect of any claim, liability, demand or suit to, at Our option:

(i)            the supply of the Au Pair Introduction Services again; or

(ii)           the payment of the cost of having the Au Pair Introduction Services supplied again.

(c)       We will not be liable to You in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by You of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

11.3.               Indemnities

You idemnify Us and Our directors, employees, contractors and agents and shall keep Us and them indemnified agains all actions, costs, charges, claims and demands in respect of:

(a)       any breach of the Terms and Conditions by You without limitation the enforcement or the attempted enforcement of the Terms and Conditions;

(b)       any act or omission by You, a member of Your family, Your guests or Your employees, contractors, workers or agent including, without limitation any breach by You of any employment or taxation related laws and any act or omission causing, either directly or indirectly, claims or demands in respect of damage or losses occasioned or suffered by an Au Pair or another party as a result of or during any Placement of an Au Pair with You or a Placement offered by You.

12.       Survival

12.1.               The obligations contained in clauses 7 (Placement Fees), 9 (Early Termination of Placement), 10 (Confidential Information) and 11 (Warranties, Liability and Indemnities) survive termination or expiry of these Terms and Conditions.

13.       Miscellaneous

13.1.               You may not assign or purport to assign any of Your rights under these Terms and Conditions without Our prior written consent.

13.2.               These terms and conditions are governed by and will be construed in accordance with the laws from time to time in force in New South Wales and the parties submit to the jurisdiction in the Courts of that State.

13.3.               Failure or omission by either party at any time to enforce or require strict or timely compliance with any provision of these Terms and Conditions will not affect or impair that provision in any way or the rights of either party to avail itself of the remedies it may have in respect of any breach of any such provisions.

13.4.               The Terms and Conditions form the entire agreement of the parties in respect of the matters dealt with in it and supersedes all prior representations, arrangements, agreements, understandings and negotiations in respect of those matters.