Placement conditions:
– The agency agrees to offer Au Pair candidates for the family’s consideration and to provide reasonable support concerning problems that may arise during the exchange.
– The Au Pair is not at any time directly/indirectly employed by the agency but by the family.
-The agency will endeavour to introduce suitable applicants as Au Pairs. Although the agency takes every care to check the applicant’s details, operates purely as an introductory service and it is the responsibility of the Client to be satisfied as to the suitability of the applicant.
– The agency fees become payable on acceptance of an applicant. All fees MUST be paid prior to the arrival of an Au Pair.
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.
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) 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;
(i) 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 Canada. 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;
Replacement Warranty
6.1. If the Au Pair:
- fails to commence the Placement;
- 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
- terminates the Placement within twenty-one (21) days following the commencement of the Placement,
then, subject to clauses 6.2 and 6.3, We will use Our best endeavours to present to You a replacement Candidate, limited to 1 replacement at no extra charge.
6.2. Our obligations under clause 6.1 arise if and only if:
- the Au Pair to be replaced was not a replacement Candidate Placed under clause 6.1;
- 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;
- You have paid Our Placement Fees in respect of that Placement by its due date, If the invoice is not paid within 5 days the warranty becomes void;
- You notify Us immediately of any circumstance that may result in Our being required to perform Our obligations under this clause 6;
- 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;
- 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;
- You have made prior contact with us as soon as you notice any issue with the au pair including being homesick.
- The replacement au pair must work under the same conditions as the first au pair, and have similar experience, the family can not add extra requirements to be satisfied by the replacement au pair (baby experience, driving capabilities, age, nationality, not stated in their original application).
– no replacement au pair will be provided if the circumstances of the family change ( more kids to care or newborn baby arriving) - the termination of the Candidate’s placement is not:
-due to the English language skills of the Au Pair;
-due to the Au Pair’s driving skills;
-due to any false or misleading representation made to the Au Pair in connection with the Placement;
-reasonably necessary in order to protect the health and safety of the Au Pair;
-due to any action on Your part which might make the termination of the Placement unlawful or unreasonable;
-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
-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.
6.3. If We agree that We will use Our best endeavours to present to You a replacement Candidate, Au Pair Canada 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.
6.4. Upon expiry of the guarantee period it is agreed that the engagement is satisfactory and that The Agency’s obligations have been fulfilled. If the candidate leaves after the guarantee period, agency fees apply for further placements. Replacements are subject to punctual payment of full Fee.
Replacements When and How
Our Approach: If there is an issue between you and the au pair, we provide support to the family by assisting to find solutions, we’ll first try to assist to find a solution between the two parties. We can mediate and often an open and frank discussion results in a positive outcome.
At all times we ask both parties to remain courteous.
The hosting contract states 3 weeks notice, if the family is willing to terminate her contract, giving au pair and host family a chance to make alternative arrangements
Replacement entitlement:
If the au pair leaves within the guarantee period and the family provides in written a justified reason for requesting a replacement.
The Agency cannot warranty that a suitable candidate is available for immediate replacement but existing Clients are always given priority. Replacements are subject to punctual payment of full Fee. No refunds are payable where the client rejects to have a replacement.
- Ureasonable rejection of replacement candidates may result in delays and will not entitle customer to a refund.
- All candidates are entitled to 3 week’s notice of termination of employment. Failure to comply with this condition results in automatic loss of right to replacement. However, in the event of serious misconduct by the Au-pair or The Client, either party shall be entitled to terminate the engagement immediately. If the Au-pair’s departure is as a result of misconduct on the part of The Client, The Agency has no obligation to replace the Au-pair, or offer any refund of fees.
- In the case that the Au Pair leaves for refusing to accept his/her duties in relation to a reason which was not known and/or expressly written in your Family’s application , (is: looking after mentally challenged children, working outside of agreed times etc…), the agency has no obligation to replace the Au pair, or offer any refund of fees.
- In all cases if a substitute is offered by the agency and refused by the Client no refund or credit is due.
- The agency reserves the right of discretion to offer a replacement au pair should the au pair leave the position, for no valid reason as determined by The agency, provided that the placement fee has been paid in full. The agency will offer a replacement au pair to the family, entirely at its discretion and trying to follow the initial requirements of the family but can not ensure all initial requirements will be met, therefore non driver au pairs must be accepted by the family when proposed as a replacement au pair. Initial replacement au pair will be free of any additional charges. No refund of placement fee is applicable once the placement has commenced. Should The agency exercise its discretion to offer a replacement au pair and the family refuses this option or if the family should find their own replacement, a refund of the placement fee is still not applicable.
(*) No replacements will be provided:
-If the introduction fee has not been paid on time in full
-If the Au pair is asked to work more hours than agreed or if the au pair has been working too many hours every weekend, limiting her free time to meet with friends.
– If no work schedule has been provided to the au pair with starting and finishing hours
-If the Au pair justifiably complains of mistreatment or misconduct by the family or any member, guest, friend or acquaintance of your family. (Drinking too much, making the au pair feel uncomfortable or scared)
-If the family restrict access to, or prevent the Au pair using any amenities to which he/she is contractually entitled, or the family withhold all or part of her pocket money.
-If an Au pair leaves because she has been asked (and have not agreed) to work longer hours or perform substantially different duties to those agreed.
-If the Au pair has been asked to do too much housework, and complains to feel as a cleaner rather than au pair
– If the Au pair feels isolated due to the remoteness of the family home’s location or treatment by the family
– If the family fails to communicate with Au Pair Canada when issues arise that have occurred or have been manifested previously by the au pair to the family
-If the family complains of the Au pair’s English level which is responsibility of the family to asses at the time of the interview.
-If the au pair or the family decide to stop the agreement based on personality or expectation differences or any other reasons that are not directly linked to the au pair’s job duties and/or performance
-If the family do not abide by these terms and conditions.
– If the sole reason for terminating the contract is linked to driving skills of the au pair
– if the family complains about her driving skills but failed to provide 2 weeks training and 2 lessons with a qualified instructor.
-Placement of another Au Pair with the family is subject to seasonal availability and The Agency cannot guarantee that a candidate will be available for an immediate start. In the event that the placement is discontinued due to the actions of the Au Pair, the family will be offered a replacement Au Pair for the remaining number of weeks.
-If the Client decides FOR WHATEVER REASON, not to accept the replacement no refund will be due to the Client. And there are no trial periods. All replacement Au Pairs must be sourced from The Agency – we do not provide refunds so that the family can find replacements with other agencies.
– If the Au Pair stays longer than the warranty period from the agreed start date of the engagement, the engagement is regarded as satisfactory and The Agency shall have fulfilled its obligations. Any replacement Au Pair requested through The Agency after this time will incur the placement fee. The Agency cannot be held responsible should the Au Pair stay for a shorter eriod than agreed with the Client. Submission of an application form to The Agency constitutes agreement to the above terms and conditions.
This warranty is void if the host family has not adhered to the payment terms agreed to by them with Au Pair Canada, or if the reason for the Au Pair’s departure is a failure of the Host Family to provide her with her own private room and/or that her living conditions within the home are not of good hygienic standard.
Au Pair Canada does not undertake to replace an Au Pair, if one has departed prematurely for any reason that is considered detrimental to her welfare whilst staying with the Host Family.
Monitoring of the Placement
-After placement the family will maintain regular contact and communication with The Agency in order to monitor the appropriateness of the placement and the fulfilment of the program requirements.
-The family must notify any issue that happens between them and the au pair so that Au Pair Canada may try to find solutions at the right time, failing to report any issue with the au pair implies no responsibility to The Agency to offer a Free Replacement au pair.
-Important Note: Some Au Pair applicants may be formally trained in the care of babies and infant toddlers, however it is not advisable to make sole charge care of babies and infants the responsibility of untrained carers. Please note Au pairs do not take care of infants, an Au pair is not a qualified nanny, some of our au pairs have baby experience and are willing to care a baby as long as the host mother gives her some training on her arrival and do not expect her to be fully experienced with babies as they are not nannies. In cases like this, the au pair should be considered an extra hand for the mother and not care infants in sole charge.
Au pairs can work sole charge of children over the age of two years.
Au pairs are not qualified childcare workers and cannot be responsible for looking after babies unsupervised for long periods during the day. However au pairs’ experience will vary greatly and some applicants will have experience when it comes to caring for babies (over the age of 1.5 yrs old) and be confident in this role.
Au Pairs do not generally have formal childcare qualifications and therefore it is at a family’s discretion and responsibility to leave an Au Pair in sole charge of young children. Please note that a Family should not leave an Au Pair in sole care of any child under 2 years or would not be covered by the warranty. Au Pairs are more akin to a babysitter, than an experienced child-carer.
If you have a baby and you are looking at this solution you’d probably want someone to start at least a month or so before you go back to work, so you can give more and more sole charge while you are around to observe etc.
No refunds are payable.
Upon epiry of the guarantee period it is agreed that the engagement is satisfactory. If the candidate leaves after the guarantee period, agency fees apply for further placements.
In the unlikely event that the au pair decides to cancel after initial acceptance, Au Pair Canada will find a replacement as per replacement guarantee. If the Host Family decides to cancel after the au pair has accepted, the placement fee still applies, the placemen fee applies to cover re-match costs of au pair.
The placement fee covers the goodwill of Au Pair Canada as an organisation and its extensive overseas network as well as the time taken in phone calls, letters, emails, faxes, correspondence and communications to finalise the match between au pair and host family. No further costs are incurred by the host family and no refund of fees is applicable once the placement has commenced.
- Cancellations and Refunds:
– In the unlikely event that the au pair fails to arrive, The Agency will make it a priority to find a replacement. If we are unable to present a suitable candidate in the following 6 weeks, a 50 % refund will be made of the fee paid.
No Refund is payable if:
(a) The termination of the placement is greater than 21 days from the start date of the placement;
(b) Au Pair Canada assesses that the discontinuation of the placement is due to a breach of the Terms of the Program by a Host Family, or a Host Family is unable to continue to offer the placement for financial or personal reasons, no refund or replacement will be offered to the Host Family.
(c) If for any reason the Host Family declines an offer of replacement Au Pair.
Should the family choose to cancel a placement prior to the au pair’s arrival after the family/au pair agreement has been signed a cancellation fee of $250 will be due & payable on invoice. In addition should the au pair have already booked & paid for her flight out a flight cancellation fee will also be charged to the family.
Termination of Employment:
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.
In the event that a Host Family or an Au Pair wishes to terminate the placement;
(a) the Host Family is responsible for accommodating the Au Pair for up to 14 days following the termination date; or,
(b) if the Host Family does not wish to accommodate the Au Pair in their home, the Host Family will be responsible to provide the Au Pair with dormitory-style accommodation at the nearest youth hostel at the Host Family’s expense.
(c) Should the Au Pair not wish to stay at the Host Family home, and finds alternate accommodation, the Host family does not need to cover the costs of the alternate accommodation
Failure to provide accommodation for an Au Pair following termination may result in the withholding, or forfeiture of any applicable refund with no provision of a replacement.
Warranty and Problem Resolution
There is no warranty as to the satisfaction or the compatibility of any particular candidate as an Au Pair for the Host Family.
Au Pair Canada will make reasonable attempts to resolve any difficulties regarding the placement. If the Program determines that the placement cannot be continued, it will provide assistance that may include placement of another Au Pair with the Host Family.
If Au Pair Canada assesses that the discontinuation of the placement is due to the Host Family’s failure to abide by this terms or the agreement between family and au pair, or the Host Family is unable to continue to offer the placement for financial or personal reasons, no refund or replacement will be offered to the Host Family.
If the Host Family does not wish to accommodate the Au Pair in their home during the 2-week notice period, the Host Family will arrange at their own expense, dormitory style accommodation at the nearest youth hostel. Failure to provide accommodation may result in the withholding of any refund and the provision of a replacement Au Pair to the Host Family
In the event that the placement is discontinued due to the actions of the Au Pair or the au pair leaves the family for no justified reason, the Host Family will be offered a replacement Au Pair for the remaining number of weeks commencing from the start date of the placement. Placement of another Au Pair with the Host Family is subject to availability and a maximum of three potential replacement Au Pairs will be offered.
Release of Claims against The Agency
-The family unconditionally releases The Agency from any claims for damage, injury, loss, or expense of any sort incurred in connection with the participation of the family in The Program and the selection of an Au Pair. This release includes, but is not limited to, liability for any intentional or negligent acts or omissions by the Au Pair.
-The Agency will provide the family with the Au pair documentation and references, to let the family verify the veracity of them, failing to do so, implies no responsibility to The Agency. It is the responsibility of The Client to check references and to be satisfied as to the suitability of the Candidate The Agency is not under any circumstances responsible for any costs incurred by the Au Pair or for any damages or losses caused by the Au Pair. The family understands and agrees that the Au Pair may only provide childcare for the family’s children
Force Majeure
If the placement is cancelled due to Force Majeure Au Pair Canada will endeavour to find a replacement however Au pair Canada will not be liable for refunds or pay any compensation to you.
Force Majeure includes but is not limited to natural disasters, acts of government or authorities, war or the threat of war, pandemics, acts of terrorism, airline strikes or any other major event which is out of the control of Au Pair Canada.
Liability
– The Agency shall endeavour to provide the family with applicants who are as well suited as possible to their particular needs and stated preferences. The family must however take the final decision whether or not to employ any applicant. The Au pair will provide references. Although every effort is made to check the validity of such documents, The Agency accepts no liability if such references or certificates prove to be inaccurate.
