TERMS AND CONDITIONS FOR AU PAIRS AND CHILDCARERS FROM OVERSEAS

1. DEFINITIONS

“Candidate“means the person introduced by the Agency to the Client for an Engagement;
“Client“means the person to whom the Candidate is introduced;
“Agencymeans The Childcare Company of 7 Garth Road, Sevenoaks, Kent TN13 1RT;
“Introduction“means the passing to the Client of information that identifies the Candidate and leads to an Engagement of that Candidate;
“Engagement“means the Candidate accepting a place offered by the Client;
“Website“means http://thechildcarecompany.co.uk;

2. GENERAL

2.1 The verbal or written instruction by the Client to the Agency to submit suitable Candidates for contact or interview shall constitute acceptance of these terms and conditions.

2.2 Creation of an account in the Website shall constitute acceptance of these terms and conditions.

2.3 These terms and conditions relate only to the Introduction by the Agency and do not form the part of any contract between the Client and Candidate.

2.4 The Client declares that the information given to the Agency is correct.

2.5 No variation or alteration of these terms and conditions shall be valid unless approved in writing by a proprietor of the Agency.

2.6 The Agency has the right to refuse to represent a Client at any time.

2.7 The Agency reserves the right to change or add to the terms and conditions without prior notification.

2.8 If any part of these conditions is held to be illegal, invalid or unenforceable in any respect such invalidity, illegality or unenforceability shall not prejudice the effect of the rest of these conditions to the extent that they are valid, legal and enforceable.

2.9 Your access to and use of the Website is subject to these terms and conditions.

3. SERVICES

3.1 The Website facilities to submit au pair shortlists and to view au pair files are contingent on payment of the registration fee.

4. AGENT RESPONSIBILITIES

4.1 The Agency will send details of suitable candidates to the Client.

4.2 The Agency will liaise with the Client and the Candidate's agent to facilitate an Engagement contingent on payment of the registration fee.

5. CLIENT RESPONSIBILITIES

5.1 In the event of an Engagement the Client will pay the placement fee as specified in section 6.2 and send an invitation letter to the Agency, which will be sent directly to the Candidate. The Agency will instruct the Candidate to book her travel arrangements and visa appointment only upon receipt by the Agency of the invitation letter and placement fee.

5.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities which take place under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. In no event will the Agency be liable for any indirect or consequential loss or damage resulting from the disclosure of your credentials.

6. FEES

6.1 The registration fee is 30 and is non-refundable.

6.2 In the event of an Engagement the relevant fee from the table below is payable to the Agency by the Client.

Short Term (less than 12 weeks)195
Long Term (more than 12 weeks)450
Childcarer from Overseas650
Childcarer from Australia or New Zealand795

6.3 Payments not received within 3 working days will result in the Agency offering the Candidate to an alternative client.

7. REFUNDS/REPLACEMENT

7.1 If the Candidate cancels after an initial acceptance, we shall do our best to find a replacement as soon as possible. Otherwise, we shall refund the Placement Fee (but not the Registration Fee) or credit the full amount in respect of future placements, whichever you prefer.

7.2 Should the Candidate prove unsatisfactory within 28 days, we shall endeavour to provide a suitable replacement without further charge (1 free replacement), provided that:

a) the Agency is informed in writing of all the circumstances; b) a satisfactory explanation is given for the Candidate leaving; c) conditions indicated on your application have been honoured.

8. CANCELLATION

8.1 If the Client cancels after a Candidate has accepted an offer, half the placement fee will be payable. Any non-recoverable travel expenses incurred by the Candidate must be covered by the Client.

9. TERMINATION

9.1 The Client can terminate the arrangement by giving two weeks notice in writing to the candidate. If they wish the Candidate to leave before the end of the notice period, the Client must pay for bed & breakfast accommodation for the Candidate for that period.

9.2 The Agency can terminate your access to the Website at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. We may also at any time discontinue the Website or any part thereof without prior notice and shall not be liable to the Client or any third party for any losses arising from termination of your access to the Website.

10. INDEMNITY

10.1 The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation, whether direct, indirect or consequential, which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate.

10.2 The final decision to employ a Candidate rests with the Client and the Agency can give no warranty, representation or undertaking as to the suitability, honesty or capability of any Candidate nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Agency. Verification of all such information and references shall be the Client’s responsibility.

10.3 In no circumstances shall the Agency’s total liability to the Client, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the fee payable by the Client.

10.4 To the extent permitted by law, the Agency will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

10.5 You agree to indemnify and hold the Agency harmless from and against any breach by you of these terms and conditions and any claim or demand brought against the Agency by any third party arising out of your use of the Website, including without limitation all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Agency in consequence of your breach of these Terms and Conditions.

11. CONFIDENTIALITY

11.1 All communication, whether written or verbal, shall be confidential

11.2 Introductions are confidential and are made to the Client. If Candidate’s details are passed to a third party the Client will remain responsible for the payment of any Agency fees in relation to any Engagements that arise.

11.3 All correspondence and records remain the property of the Agency.

12. LAW

12.1 These Terms and Conditions are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.