Terms & Conditions: Host Family

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

b. “Application” means the document completed by the host family requesting an introduction to Au Pairs or Demi Pairs through APCA.

c. “Au Pair” means the individual introduced to the Host Family by APCA and selected by the Host Family for the Placement.

d. “Candidate” means the Au Pair or Demi Pair as the context may require.

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

f. “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.

g. “Demi Pair” means the individual introduced to the Host Family by APCA and selected by the Host Family for the Placement.

h. “Duties” means the duties the Au Pair or Demi Pair is to carry out for the Host Family during the term of the Placement pursuant to these Terms and Conditions and outlined in provisions 10 and 11 respectively.

i. “Host Family” means the family requesting an introduction to Au Pairs or Demi Pairs through APCA.

j. “Parties” means APCA and the Host Family and “Party” means APCA or the Host Family as the context may require.

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

l. “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 Host Family and APCA.

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

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

d. The Host Family 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 Host Family, either written or verbal, is on a good faith basis.

f. APCA acts only as an introductory basis between the Host Family and the Candidate. The Host Family is the Party who chooses the Candidate.

g. The Host Family uses its own judgment in making the selection of the Candidate and it is the Host Family’s responsibility to be satisfied that the Candidate is suitable for the Host Family.

h. The Host Family shall notify APCA in writing immediately after the Host Family selects a Candidate for the Placement and the Candidate accepts the Host Family’s offer for the Placement. APCA will thereafter make the necessary arrangements for the Placement.

3. Relationship

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

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

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

4. Police Certificate and Photo Identification and References

a. The Host Family must provide APCA with a current police certificate for all adults over the age of eighteen (18) years living in the Host Family’s residence.

b. APCA reserves the right to ask for further background checks on the Host Family.

c. APCA reserves the right to request character references for all adults over the age of eighteen (18) years living in the Host Family’s residence. References cannot be from a relative of the Host Family and such references will be deemed invalid.

5. Fees

a. All fees are in Australian dollars.

b. The Host Family 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

c. APCA at its discretion may relocate a Candidate if the placement fee is not paid by the Host Family by the due date.

d. Late payment of the placement fee by the Host Family can affect the guarantee of the Placement of the Candidate.

e. If the Host Family fails to pay the placement fee by the due date, the Host Family will incur a $30 non-refundable administration fee.

6. Working with Children Check

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

b. The Candidate 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.

7. Arrival in Australia

a. If the Candidate is an Au Pair the Host Family shall:
i. collect the Candidate from the airport when the Candidate arrives in Australia; or
ii. arrange for a transfer from the Airport to the Host Family’s residence for the Candidate.

b. If the Candidate is an Au Pair, 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 7(a) hereof.

c. If the Candidate is a Demi Pair APCA shall:
i. collect the Candidate from the airport when the Candidate arrives in Australia; or
ii. arrange for a transfer from the Airport to the Host Family’s residence for the Candidate.

d. If the Candidate is a Demi Pair, at least fourteen (14) days prior to the Demi Pair first arriving in Australia APCA shall notify the Demi Pair and the Host Family in writing of the arrangement made in relation to provision 7(a) hereof.

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

8. Placement with Host Family

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

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

9. Duties Training

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

b. The training for the Duties shall be completed during the Candidate’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 Candidate:
i. how the Host Family expects the Duties to be carried out;
ii. what products the Candidate should use;
iii. how long the Candidate should spend completing the Duties; and
iv. if dealing with children or pets or any other family members, to teach the Candidate of any expected procedures and/or restrictions.

10. Duties, working hours and payment – Au Pair

a. In exchange for free board, including meals, the Au Pair shall 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’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.

d. 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.

e. 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;

ii. shall follow all lawful instructions of the Host Family; and

iii. shall not perform any paid or unpaid work for any third party without the prior consent of the Host Family.

f. 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.

11. Duties, working hours and payment – Demi Pair

a. In exchange for free board, including meals, the Demi Pair shall work a maximum of fifteen (15) hours per week for the Host Family.

b. If the Host Family and the Demi Pair agree that the Demi Pair is to work any hours in a week in excess of fifteen (15) hours, the Host Family shall pay the Demi Pair at a minimum rate of $15 for each additional hour worked. The Demi Pair’s hourly rate for any hours worked in a week in excess of fifteen (15) hours is to be agreed between the Host Family and the Demi Pair.

c.  If the Host Family require the Demi Pair to babysit (ie. supervising the children independently), the Host Family is to pay the Demi Pair $15 for each hour worked.

d. The Demi Pair’s weekly working hours are to be agreed between the Demi Pair and the Host Family.

e. The Demi 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.

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

12. Reimbursement of Expenses

The Candidate shall be reimbursed by the Host Family for all reasonable expenses incurred by the Candidate 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 Candidate produces such evidence of expenditure as reasonably required by the Host Family.

13. Public Holidays

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

b. The Candidate shall not be paid for the public holiday.

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

14. Sickness

a. If the Candidate is unable to attend to the Duties as a result of sickness or injury, the Candidate shall notify the Host Family immediately and provide the Host Family with evidence of Candidate’s sickness or injury and the cause of it, as the Host Family may reasonably require.

b. The Candidate shall not be paid for sick days.

c. The Host Family shall be entitled to require the Candidate 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 Candidate from carrying out the Duties.

15. Australian Drivers Licence

a. If the Candidate 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 Host Family shall assess and be satisfied with the Candidate’s driving skills before allowing the Candidate to drive.

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

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

16. Liability Release

a. The Host Family releases APCA, its employees, agents and partner agencies from all liability, damages, costs, loss, claims, demands and/or actions for:
i. personal injury;
ii. sickness or death;
iii. property damages and expenses of any nature; and/or
iv. any and all Consequential Loss
which result from the Placement, hosting the Candidate 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 Host Family 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 Candidate and the Host Family agrees to indemnify APCA fully in respect thereto.

17. Grievance Procedure and Resolution

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

b. If the issues/grievances cannot be resolved by the Candidate and the Host Family in accordance with provision 17a hereof, the Host Family shall notify APCA of the situation. APCA will thereafter discuss and mediate the matter with the Host Family and the Candidate and attempt to resolve the issue/grievance.

18. Termination and Replacement

a. There is no warranty as to the satisfaction or the compatibility of any Candidate placed with the Host Family.

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

c. If the issues/grievances cannot be resolved between the Candidate and the Host Family after the two (2) week settling in period, and the Host Family wishes to terminate the Placement, the Host Family must provide APCA with two (2) weeks’ notice in writing and include the reasons for requesting the termination. During this time the Candidate will continue to perform the Duties and the Host Family shall continue to pay the Candidate in full as well as providing the Candidate with board and meals.

d. In the event the Placement is terminated pursuant to provision 18c hereof APCA will endeavor to find a replacement Candidate for the Host Family. If a replacement Candidate cannot be found for the Host Family APCA shall refund the Host Family all fees paid except 50% of the placement fee.

e. 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;
ii. is convicted of any criminal offence involving dishonesty, violence, causing death or personal injury, or damaging property;

iii. misconduct, which may be deemed gross misconduct, includes but is not limited to theft, drunkenness, illegal drug taking, child abuse, putting the Au Pair/Demi Pair in a compromising position and violent or threatening behaviour.

f. If the termination of the Placement is pursuant to provision 18e hereof no refund of Fees or replacement Candidate will be offered to the Host Family.

g. APCA may terminate the Placement at any time immediately and without any notice if the Candidate:

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;

iii. misconduct, which may be deemed gross misconduct, includes but is not limited to theft, drunkenness, illegal drug taking, child abuse or putting the children or family in a compromising position and violent or threatening behaviour.

h. In the event the Placement is terminated pursuant to provision 18g hereof, APCA will endeavor to find a replacement Candidate for the Host Family. However APCA does not guarantee that a replacement Candidate will be found for the Host Family and if a replacement Candidate is not found for the Host Family, APCA agrees to refund the Host Family all fees paid to APCA except the placement fee of $150.

i. The Host Family agrees that APCA reserves the right to allow the Candidate to terminate the Placement in the event of personal reasons, accident, serious illness or other medical conditions, that in the judgment of APCA prevents the Candidate from continuing the Placement.

j. In the event the Placement is terminated pursuant to provision 18i hereof:

i. APCA will endeavor to find a replacement Candidate for the Host Family; and

ii. if replacement Candidate is not found for the Host Family and the Placement is terminated no later than 20 weeks after the Commencement Date, APCA shall refund the Host Family a total amount of $15 per week for each outstanding week of the term of the Placement.

k. If APCA determines that the termination of the Placement is due to the Host Family being unable to offer the Placement for financial or personal reasons, the Host Family must provide APCA with two (2) weeks’ notice in writing and APCA at APCA’s discretion may offer a refund of Fees or replacement Candidate to the Host Family. During this time the Candidate will continue to perform the Duties and the Host Family shall continue to pay the Candidate in full as well as providing the Candidate with board.

l. If the Host Family terminates the Placement less than seven (7) days before the Commencement Date the Host Family shall receive no refund of any fees paid to APCA.

19. Departure from Australia

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

20. Confidentiality

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

21. Privacy

The Host Family acknowledges that APCA will provide the Host Family’s details to prospective Candidates in order to obtain a Placement for the Host Family.

22. Governing Law
The Terms and Conditions shall be governed in accordance with the laws of the state of Western Australia and the Host Family hereby submits to the non-exclusive jurisdiction of the Courts of that state.

23. 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.