Terms & Conditions: Au Pair

1. Definitions
a. “APCA” means Au Pair Connections Australia.

b. “Application” means the document completed by the individual applying for a placement by APCA in Australia with a Host Family as an Au Pair.

c. “Au Pair” means the individual who completed and submitted the Application who is applying applying for a placement by APCA in Australia with a Host Family as an Au Pair.

d. “Commencement Date” means the commencement date of the Placement.

e. “Consequential Loss” means any indirect or consequential loss or damage including but not limited to loss of profit or anticipated profit; loss of reputation; loss of use or business interruption; loss of goodwill or loss of business opportunity, regardless of whether such losses were foreseeable and irrespective of whether such losses arise in contract, tort (including for negligence) under statute or on any other basis in law or equity.

f. “Duties” means the duties the Au Pair is to carry out for the Host Family during the term of the Placement with the Host Family and outlined in provision 12 hereof.

g. “Fees” means the fees referred to in provision 6 hereof.

h. “Host Family” means the family the Au Pair will be living with, and perform the Duties for, during the term of the Placement.

i. “Parties” means APCA and the Au Pair and “Party” means APCA or the Au Pair as the context may require.

j. “Placement” means the period of time the Au Pair will be performing the Duties for the Host Family commencing on the Commencement Date.

k. “Terms and Conditions” means this document and the terms and conditions outlined therein.

2. General

a. The Terms and Conditions are a legally binding agreement between the Au Pair and APCA.

b. The Au Pair is deemed to have accepted the Terms and Conditions immediately after the Au Pair submits the Application.

c. The Au Pair warrants that all responses to questions in the Application, ancillary documents and/or asked in any interviews/meeting are honest and accurate.

d. The Au Pair shall notify APCA of any changes in circumstances affecting the accuracy and honesty of responses to questions in the Application, interviews, meetings or ancillary documents.

e. All information provided by APCA to the Au Pair, either written or verbal, is on a good faith basis.

f. All information provided by APCA to the Au Pair in the welcome pack/starter pack are guidelines only and are not policies of APCA.

g. The Au Pair shall notify APCA in writing immediately after the Au Pair accepts an offer for a Placement with a Host Family. APCA will thereafter make the necessary arrangements for the Placement.

3. Relationship

a. APCA is not an employer of the Au Pair and the Parties have not entered into any employer/employee agreement.

b. APCA is not an employer of the Host Family and APCA and the Host Family have not entered into any employer/employee agreement.

c. APCA is not an agent of the Au Pair and the Parties have not entered into any agency agreement.

d. APCA is not an agent of the Host Family and APCA and the Host Family have not entered into any agency agreement.

e. There is no intention to create a contractual or legal relationship between the Host Family and the Au Pair.

4. Eligibility Criteria

a. The Au Pair warrants that:
i. the Au Pair is over the age of nineteen (19) years;
ii. the Au Pair has a clean criminal record;
iii. the Au Pair is in good health;
iv. the Au Pair has at least 150 hours of childcare experience;
v. the Au Pair has a good, basic understanding of the English language;
vi. the Au Pair has obtained (or will obtain prior to the Commencement Date) the required visa to work as an Au Pair in Australia; and
vii. the Au Pair has obtained (or will obtain prior to the Commencement Date) the insurances required by these Terms and Conditions.
b. The Au Pair shall provide APCA with at least two (2) references to evidence that the Au Pair has at least 150 hours of childcare experience.
c. The Au Pair shall provide APCA with at least one (1) character reference. Character references cannot be from a relative of the Au Pair and such references will be deemed invalid.

5. Police Certificate and Photo Identification and References

a. The Au Pair must provide APCA with a current police certificate from the Au Pair’s home country.

b. The Au Pair shall provide APCA with photo identification for APCA’s records, for example a copy of a Driver’s Licence.

c. APCA reserves the right to ask for further background checks on the Au Pair.

d. The Au Pair shall provide APCA with the references required by provisions 4b and 4c hereof.

6. Fees
The Au Pair agrees to pay APCA the Fees for the Placement, and matters incidental and collateral thereto, in accordance with, and as provided for, on APCA’s website www.aupairconnections.com.au

7. Expenses

a. The Au Pair is responsible for the following expenses:
i. obtaining a passport;
ii. obtaining the required visa to work in Australia as an Au Pair (if provision 7b hereof is not applicable);
iii. school fees;
iv. travel to Australia (if provision 7c hereof is not applicable);
v. travel from Australia (if provision 7c hereof is not applicable); and
vi. insurances including but not limited to health, travel and medical insurance.

b. APCA will make arrangements for the Au Pair to be issued with the required visa to work in Australia as an Au Pair if the Au Pair pays APCA the Fees and agrees to the terms and conditions outlined in relation thereto on APCA’s website www.aupairconnections.com.au

c. APCA will organise the Au Pair’s flight to Australia and/or return flight from Australia to the Au Pair’s home country if the Au Pair pays APCA the Fees and agrees to the terms and conditions outlined in relation thereto on APCA’s website www.aupairconnections.com.au

d. The Au Pair must ensure that the Au Pair has adequate insurance cover, including but not limited to:
i. health;
ii. medical;
iii. accident;
iv. loss or theft of property;
v. third party civil liability; and
vi. repatriation.

8. Working with Children Check

a. APCA will provide the Au Pair with the relevant Working with Children Check form (“Form”) for the state of Australia that the Au Pair will be completing the Placement in.

b. The Au Pair must prior to commencing the Duties and in particular working with any children:
i. complete the Form;
ii. submit Form to the relevant entity; and
iii. pay any associated fee for the Form unless the Host Family pays the fee when the Form is submitted to the relevant entity.

9. Arrival in Australia

a. The Host Family shall:
i. collect the Au Pair from the airport when the Au Pair first arrives in Australia; or
ii. arrange for a transfer from the Airport to the Host Family’s residence for the Au Pair.
b. At least fourteen (14) days prior to the Au Pair first arriving in Australia the Host Family shall notify the Au Pair and APCA in writing of the arrangement made in relation to provision 9(a) hereof.

c. The Au Pair will be given two (2) full days of rest by the Host Family from the date the Au Pair first arrives in Australia. During this time the Au Pair shall not be required to carry out any Duties.

10. Placement with Host Family

a. The Placement shall be for a maximum period of six (6) months.

b. The Au Pair acknowledges that there needs to be a settling in period to allow the Au Pair to adjust to the Au Pair’s new environment.

c. The Au Pair agrees that the Au Pair:
i. is fitting into a family environment; and
ii. will not make unnecessary or unreasonable demands on the Host Family.

11. Duties Training

a. The Host Family shall provide the Au Pair with training for the Duties.

b. The training for the Duties shall be completed during the Au Pair’s first week of arrival with the Host Family and after the two (2) full days of rest referred to in provision 9c hereof.

c. The purpose of the training is to teach the Au Pair:
i. how the Host Family expects the Duties to be carried out;
ii. what products the Au Pair should use;
iii. how long the Au Pair should spend completing the Duties; and
iv. if dealing with children or pets or any other family members, to teach the Au Pair of any expected procedures and/or restrictions.

12. Duties, working hours and payment

a. In exchange for free board, including meals, the Au Pair agrees to work a maximum of forty (40) hours per week for the Host Family with a weekly wage of between $180 and $250 per week. The Au Pair’s weekly working hours and weekly wage are to be agreed between the Au Pair and the Host Family and should be determined in accordance with the Duties to be performed by the Au Pair, the Au Pair’s weekly hours of work and how many children the Au Pair is required to care for.

b. The Au Pair shall work a maximum of five (5) days per week and a maximum of ten (10) hours per day.

c. The Au Pair must perform the Au Pair’s duties as directed by the Host Family.

d. The Au Pair’s duties may include, but are not limited to:
i. assisting with general housework;
ii. childcare duties and related tasks, including but not limited to supervision, being present when children are sleeping, interactive activities, transport of children to and from school, extra-curricular activities, medical appointments, upkeep of children’s rooms and doing children’s laundry; and
iii. cooking meals.

e. The Au Pair agrees to perform the Duties to the best of the Au Pair’s ability and agrees to carry out the Duties with due respect.

f. The Au Pair will not be sole carer for babies under the age of one (1) year and a parent or other responsible adult of the Host Family shall be present in the home at all times if a baby under the age of one (1) year is in the home.

g. Unless prevented by sickness or injury the Au Pair:
i. shall devote the whole of the Au Pair’s time, attention and ability, both during normal working hours and during such other reasonable additional hours as may be agreed between the Host Family and the Au Pair, for the performance of the Duties; and
ii. shall follow all lawful instructions of the Host Family;
iii. shall not perform any paid or unpaid work for any third party without the prior consent of the Host Family.

h. If a dispute arises between the Au Pair and the Host Family in regards to Duties, APCA shall resolve the dispute and APCA’s decision shall be final.

13. Reimbursement of Expenses

The Au Pair shall be reimbursed by the Host Family for all reasonable expenses incurred by the Au Pair in the performance of the Duties, provided that the expenses are:
a. incurred with the approval of the Host Family prior to purchase;
b. the Au Pair produces such evidence of expenditure as reasonably required by the Host Family.

14. Public Holidays

a. A public holiday is a day off for the Au Pair unless the Au Pair and the Host Family agree that the Au Pair shall work on that public holiday.

b. The Au Pair shall not be paid for the public holiday.

c. If the Au Pair is required to work on a public holiday, the Au Pair shall be given one (1) day off in lieu, on a date to be agreed between the Au Pair and the Host Family.

15. Sickness

a. If the Au Pair is unable to attend to the Duties as a result of sickness or injury, the Au Pair shall notify the Host Family immediately and provide the Host Family with evidence of the Au Pair’s sickness or injury and the cause of it, as the Host Family may reasonably require.
b. The Au Pair shall not be paid for sick days.
c. The Host Family may require the Au Pair to undergo examinations by a medical practitioner appointed by the Host Family, and the Au Pair shall sign the necessary consent form to authorise the medical practitioner to disclose to the Host Family the results of the examination and discuss with the Host Family any matters arising from the examination which might prevent the Au Pair from carrying out the Duties.

16. Australian Drivers Licence

a. If the Au Pair is required to drive during the Placement, the Au Pair shall comply with the relevant Australian State’s or Territory’s driving laws and regulations.
b. The Au Pair shall comply with the requirements of provision 16a hereof at the Au Pair’s expense.

c. The Host Family shall assess and be satisfied with the Au Pair’s driving skills before allowing the Au Pair to drive.

d. The Host Family is responsible for arranging for the Au Pair to be listed as a named driver on any insurance policy in relation to any of the vehicles that the Au Pair may be required to drive.

e. If the Au Pair is involved in a motor vehicle accident during the Placement, APCA is not liable for any damage to any vehicle or persons.

17. Liability Release

a. The Au Pair releases APCA, its employees, agents and partner agencies of APCA from all liability, damages, costs, loss demands and/or actions for:
i. personal injury;
ii. the Host Family’s failure to pay the Au Pair monies pursuant to clause 12(a) hereof for performing the Duties;
iii. sickness or death;
iv. property damages and expenses of any nature; and/or
v. any and all Consequential Loss
which result from the Placement and/or relate to these Terms and Conditions.

b. Liability of APCA under or in connection with the Placement and/or these Terms and Conditions shall not exceed one hundred and fifty dollars ($150.00).

c. APCA makes every effort to ensure that the information given to the Au Pair is correct, however APCA cannot be held responsible for any incorrect information.

d. APCA cannot be held responsible for any actions or inactions of the Host Family or Au Pair and the Au Pair agrees to indemnify APCA fully in respect thereto.

18. Grievance Procedure and Resolution

a. Initially the Au Pair is to:
i. discuss any issues/grievances with the Host Family; and
ii. work towards a solution with the Host Family.

b. If the issues/grievances cannot be resolved by the Au Pair and the Host Family in accordance with provision 18a hereof, the Au Pair shall notify APCA of the situation. APCA will thereafter discuss and mediate the matter with the Host Family and the Au Pair and attempt to resolve the issues/grievances.

19. Termination and Replacement

a. If the Au Pair wishes to terminate the Placement before the Commencement Date, the Au Pair shall provide APCA and the Host Family with at least seven (7) days’ notice in writing. If the Placement is terminated pursuant to this provision, APCA may charge the Au Pair at APCA’s discretion a cancellation fee of no more than $_____ and the balance of the total Fees paid to APCA for the Placement will be refunded to the Au Pair.

No refunds will be given to the Au Pair if the Au Pair terminates the Placement in writing less than seven (7) days prior to the Commencement Date.

b. The Au Pair acknowledges that no replacement will happen unless the Au Pair has spent at least two (2) weeks with the Host Family.

c. If an issue/grievance cannot be resolved between the Au Pair and the Host Family and the Au Pair wishes to terminate the Placement after the two (2) week settling in period, the Au Pair must provide APCA with two (2) weeks’ notice in writing and a fee of $150 will be charged to the Au Pair.

During this time the Au Pair will continue to perform the Duties and the Host Family shall continue to pay the Au Pair in full (if the Au Pair works in excess of fifteen (15) hours per week) as well as providing the Au Pair with board and meals.

At the expiry of the two (2) weeks’ notice period, the Au Pair will have to pay for alternative accommodation, until the Au Pair is placed with a new Host Family. APCA will endeavor to place the Au Pair with a replacement Host Family; however APCA does not guarantee that it will find a replacement Host Family for the Au Pair.

d. APCA may terminate the Placement at any time immediately and without any notice if the Host Family:
i. is guilty of gross misconduct or serious and persistent breaches of the Terms and Conditions; or
ii. is convicted of any criminal offence involving dishonesty, violence, causing death or personal injury, or damaging property; or

Misconduct which may be deemed gross misconduct includes but is not limited to, theft, drunkenness, illegal drug taking, child abuse and violent or threatening behaviour.

e. If the termination of the Placement is pursuant to provision 19d hereof the Au Pair will be placed with a new Host Family.

f. APCA may terminate the Placement at any time immediately and without any notice if the Au Pair:
i. is guilty of gross misconduct or serious and persistent breaches of the terms of this contract, including work-schedule, time table; or
ii. is convicted of any criminal offence involving dishonesty, violence, causing death or personal injury, or damaging property.

Misconduct, which may be deemed gross misconduct includes but is not limited to theft, drunkenness, illegal drug taking, child abuse and violent or threatening behaviour.

g. If APCA terminates the Placement pursuant to provision 19f hereof no Fees will be refunded to the Au Pair.

h. APCA reserves the right to allow the Au Pair to terminate the Placement in the event of personal reasons, accident, serious illness or other medical conditions that APCA reasonably considers to prevent the Au Pair from continuing the Placement.

i. If the Placement is terminated pursuant to provision 19h hereof no Fees will be refunded to the Au Pair.

20. Departure from Australia at the end of the Placement

At the end/termination of the Placement the Au Pair is responsible for arranging and paying for transportation to the relevant international airport if the Au Pair is departing Australia.

21. Confidentiality

a. Any correspondence, communication either verbally, written or via email is confidential and the Au Pair agrees not to disclose the same to third parties (unless as required by law).

b. The Au Pair shall not during the Placement, or at any time after the Placement (unless as required by law) without the prior written consent of the Host Family disclose any information which, by reason of its character or the circumstances or manner of its disclosure, is confidential to the Host Family, including but not limited to address and phone numbers.

22. Privacy

a. The Au Pair acknowledges that during the matching process the Application will be provided to Host Families in an effect to obtain a Placement for the Au Pair.

b. The Au Pair acknowledges that APCA may use, reproduce and/or publish all written and/or visual materials that may pertain to the Au Pair including photographs. The Au Pair further acknowledges that this material may be used in various publications, promotional material and/or APCA’s internet web page or for other related endeavors. The Au Pair further agrees that the use of such written material and photographs pertaining to the Au Pair may be used with or without the Au Pair’s name and for any lawful purpose.

23. Governing Law

The Terms and Conditions shall be governed in accordance with the laws of the state of Western Australia and the Au Pair submits to the non-exclusive jurisdiction of the Courts of that state.

24. Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

25. General rules and expected behaviour of Au Pairs (Code of Conduct)

a. The Au Pair may never consume alcohol or illicit drugs or be under the influence of alcohol or illicit drugs whilst performing the Duties.
b. The Au Pair shall act professionally and respectfully at all times.
c. Provided that the Au Pair is not performing the Duties the following day, the Au Pair must contact the Host Family in the event that the Au Pair does not return to the Host Family’s residence after a night out with friends.
d. The Au Pair shall be fit at all times to carry out the Duties.
e. If the Au Pair leaves the Host Family’s residence after completing the Duties for the day, the Au Pair must return to the Host Family’s residence by 11:00pm that day when performing the Duties the following day.