Terms & Conditions For Au Pair Services
Nannies on Demand, Terms and Conditions For Au Pair Services
These are the terms and conditions between Nannies on Demand (“NOD” or “We”) and you (“You”), the family/client These terms and conditions, together with the Registration form the contract between NOD & You to the exclusion of all other terms and warranties not withstanding any terms and conditions that may be contravened in any order or other from You. You must sign and return one copy which shall be deemed to constitute unqualified acceptance of these terms and conditions which can be found at the back of our registration form for Au Pair services. No Registration Fee is required. Any extension, waiver or variation may only be in writing signed by the Director of NOD.
NOD cannot accept any instruction, verbally or in writing unless and until You have returned a signed copy of our Terms and Conditions. No disputes in any form will be entertained unless these Terms and Conditions have being duly accepted and signed.
1. The request by a Client to Nannies on Demand (NOD) to supply details of applicants shall be deemed to be acceptance of Nannies on Demands Au Pair's Terms and Conditions.
2. To the extent permitted by law, Nannies on Demand disclaims accepts no liability of any kind for any inconvenience, loss of or damage to property, or any loss or injury howsoever arising whether directly or indirectly from an act or omission of any Au Pair introduced by Nannies on Demand even if such an act or omission is negligent or fraudulent or reveals dishonesty.
3. Where Au Pairs are required to drive in New Zealand, Nannies on Demand will use its best endeavours, along with partner agencies, to ensure that all Au Pairs have a full and valid driving licence. Nannies on Demand cannot be held accountable for the Au Pair's driving skills or lack of.
4. As the client you are responsible for ensuring the Au Pair is familiar with New Zealand’s roads and road rules. You must exercise your judgment to ensure you are satisfied with the driving skills of the Au Pair before allowing him or her to have sole use of your vehicle.
5. As the client you are held responsible in ensuring all vehicles that are driven by the Au Pair are roadworthy, fully insured and have a current WOF and Registration at all times. Maintenance and servicing is the responsibility of the client. Au Pairs are not permitted to drive vehicles that are not registered, warranted or fully insured. Nannies on Demand cannot be held accountable for any parking infringements, insurance claims or traffic offences.
6. In registering for our Au Pair services, you agree to having your child/ren automatically registered on our ‘Educate Me’ programme should you fit our criteria. You also understand that your Au Pair must not be registered with any other Au Pair agency/service provider, Nanny agency, or home based early childhood or orientation programme other than that of our Educate Me programme. (Exceptions will be made for families who do not fit our criteria/s)
7. Those families whose circumstances do not fit our ‘Educate Me’ programme will automatically default to our ‘Out of School Programme’.
8 Nannies on Demand acts as an Agent for the purpose of effecting introductions between Clients and Au Pairs and the fees to the Agency are for introduction only.
9. Au pairs are not at any time directly/indirectly employed by Nannies on Demand.
10. Nannies on Demand will endeavour to introduce suitable applicants as Au Pairs. Although Nannies on Demand & its partners, take every care to check the applicant's details, the agency operates purely as an introductory service and it is the responsibility of the Client to be fully satisfied as to the suitability of the applicant.
11. In the event of a cancellation, or non-arrival of the Au Pair, Nannies on Demand will provide the client with a full refund.
12. If a long stay Au Pair leaves the family before 24 weeks or the family decides the Au Pair is not suitable within the first 24 weeks and the required notice is given, then one free of charge replacement will be given either immediately where available, or at a future date. All replacements are subject to a 12 month expiry date being applied from the date of issue.
13 Such free replacements will only be made if the agency is advised within the first 24 weeks, in writing and provided the conditions specified by Nannies on Demand regarding hours of work, treatments etc have been followed. 14. Nannies on Demand reserves the right to deny a client a replacement Au Pair, should the client be seen as being unreasonable or dishonest.
15. Replacements will only be given to those families who have paid Nannies on Demand’s invoice in full.
16. If a long term Au Pair stays for a period of 24 weeks from the agreed start date of the engagement, the engagement is regarded as satisfactory and Nannies on Demand shall have fulfilled its obligations.
17. If the Client cancels an engagement the following will apply:
After the Au Pair has confirmed the position upon accepting the family’s ‘Letter of Invitation’ but before he/she has purchased a ticket to travel – The Client will be invoiced, for 50% of the placement fee plus GST, which is payable immediately.
After the Au Pair has confirmed the position and after they have purchased a ticket to travel (paid and booked for) – The Client will be invoiced for the full amount of the placement fee plus GST, which is payable immediately.
18. Nannies on Demand cannot be held responsible for those Au Pairs who decide to stay for a shorter period than initially agreed to.
19. Once the Au Pair has arrived to stay in the family, it shall be agreed that termination must be by two week’s notice by either party. In the event of serious misconduct by one of the parties, the other party shall be entitled to terminate the agreement with immediate effect.
20. Au Pairs must be paid minimum wage and receive their applicable weekly wage as set out by Nannies on Demand’s wage schedule.
21. As a client you understand that Au Pairs are entitled to all leave entitlements as is any employee, in addition to all paid statutory/public holidays. Leave must be taken at a time that is both convenient and timely for the Client, however the Client must be seen as being reasonable.
22. All information provided to Clients is confidential. Clients directly or indirectly transferring information supplied by the Agency and resulting in the engagement of an Au Pair by a third party will be liable to pay the full fee for that engagement.
23. Placement Fees are as follows, (Payable 14 days prior to the Au Pair’s arrival into your home):
6 -12 month placement - $495.00 plus GST
(As of 1 January 2013, placement fees for 6-12 month terms will increase to $650 plus GST)
24. Nannies on Demand will provide an Au Pair Host Family employment agreement shortly after the Au Pairs arrival, which both Au Pair and Family must complete within 2 weeks of the Au Pair's arrival. The Client must provide Nannies on Demand with a copy once it has been finalised and agreed upon in order to validate the guarantee.
25. Nannies on Demand provide all Au Pairs to families on a fixed term basis. An Au Pair must leave the family when their term has expired.
26. Each new request for an Au Pair, requires a new registration form & Employment Agreement to be signed and completed. Each new request is subject to a new placement fee being charged.
27. Submission of a registration form to Nannies on Demand constitutes agreement to the above Terms and Conditions.
28. Nannies on Demand have the right to apply a penalty interest of 22% to all overdue accounts. Nannies on Demand also have the right to refer all unpaid accounts to a collection agency, where additional costs could be incurred, which are then deemed the responsibility of the client (‘You’).
+ Nannies on Demand reserves the right to change these Terms and Conditions at any time without notice.+