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Terms and Conditions of Business
1 DEFINITIONS
The following expressions shall have the following meanings:
“Acceptance” means a written or oral confirmation of The Clients acceptance of the Candidate that was introduced by The Agent. “Accepted” shall be used accordingly in these Terms and Conditions.
“Agent” means Square AuPair Ltd, registered in England and Wales with company number 10847750
“Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Terms and Conditions;
“Candidate” means Au Pair Candidate who is introduced to the Client
“Client” means any person who purchases Services from the Agent;
“Initial Period ” is the period commencing on the date of Acceptance and expiring 30 days following the date of Acceptance
“Reservation Period” is set and explained in clause 7.4
“Services” means the agency placement services as set out in clause 7 and as described on Agent’s website;
“Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;
“Website” means The Agent’s website www.squareaupair.com that includes application form, quotation and other written information describing the agency Services;
2 GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Agent to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Director of Square AuPair.
2.3 The Agent acts as an agent between The Client and Candidate and at no point does The Agent acts as an employer.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
3 THE AGREEMENT
The Agreement between the Agent and the Client, incorporating these Terms and Conditions, shall only come into force when The Agent confirms acceptance to The Client.
4 SERVICES
4.1 The Services are as described on The Agent’s website and clause 7.
4.2 Any variation to the Services must be agreed by The Agent in writing.
4.3 The Services shall commence on the date the Registration form is submitted to The Agent and Registration fee is paid. By submitting the Registration form, The Client consents The Agent to conducting verification and security procedures in respect of the information The Client submits to The Agent.
4.4 Once The Client pays Registration fee, The Client agrees to the immediate commencement of the performance of the Services and continue until terminated by either party giving no less than 7 days notice in writing or unless terminated according to the terms of this Agreement.
5 PRICE AND PAYMENT
5.1 The price for Services is as specified on Square AuPair website and is exclusive of VAT and any other additional charges for extra services The Client might require.
5.2 If the fees paid relate to a short term placement of a Candidate who then becomes a long term placement with the Client from the date of the initial introduction the Client shall pay the difference between the short and long placement fees at the time of the change in the placement status.
5.3 All Fees shall become due and payable once The Client has chosen and accepted the Candidate in accordance with these Terms. The Client must pay the Fees during the Reservation period (5 days). If The Client fails to pay the Fees on or after the Reservation Period, The Agent’s services may be delayed and The Agent shall not be liable in any way for any loss, damage or claim arising as a result for this delay.
5.4 The Client must settle all payments for Services within 5 days from the invoice date (during the Reservation period).
5.5 The Agent is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Agent is late.
5.6 The Client is not entitled to withhold any monies due to the Agent.
5.7 The Agent is entitled to vary the price to take account of:
5.7.1 any additional Services requested by The Client which were not included in the original service request;
5.7.2 any reasonable increase in fee rates, if applicable;
and any variation must be intimated to The Client in writing by The Agent.
6 CLIENT OBLIGATIONS
6.1 The Client agrees to cooperate with The Agent as may be required.
6.2 The Client shall provide full and true details to The Agent of the tasks required of the Candidate. The full and true details include but are not limited to Family Profile and The Client will notify the Agent of any changes immediately.
6.3 The Client shall notify The Agent immediately once The Client chooses to engage a Candidate introduced by The Agent.
6.4 The Client agrees to pay the appropriate fee as described on The Agent’s website on the acceptance of a requested Candidate.
6.5 If the Client or a member of The Client’s staff or any acquaintance or associate of The Client, passes on an introduction to any other person or persons within six months of The Candidate’s introduction to The Client by The Agent, resulting in the engagement of The Candidate, the Client shall be liable for payment of the full fee in accordance with the fees described on The Agent’s website for Candidate’s placement.
6.6 The Client is responsible for providing The Agent with a Letter of Invitation within the Reservation Period. Letter of Invitation means a letter addressed to the accepted Candidate confirming the Candidate’s placement with The Client.
6.7 The Client is requested to speak to the Candidate before accepting and engaging the Candidate, therefore requesting Candidate to leave immediately after his or her arrival because of their level of English is not an acceptable reason for asking the Candidate to leave. The Client is obliged to provide the Candidate with a full board accommodation and pocket money paid weekly. Accomodation means a furnished and private bedroom with a window. Value of pocket money is specified on The Agent’s website. The Client agrees to at least 2 full free days per week for the Candidate.
6.8 By agreeing to these Terms and Conditions The Client confirms that they understand The Candidate is not a qualified childcare provider (unless specified otherwise) and as such should never be left in a sole charge of any children under 2 years of age.
6.9 The Client is responsible for checking any medical certificates, work permits or other approvals necessary for the Candidate prior the commencement of placement. The Client is responsible for any deductions of tax or National Insurance from the Candidate should this become applicable.
7 AGENT OBLIGATIONS
7.1 The Agent shall supply the Services as specified on Agent’s website and clause 7.4
7.2 The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
7.3 The Agent will take all reasonable steps to introduce Candidates who are of sound character, honest and reliable but cannot be held responsible for the conduct of a Candidate.
7.4 The Agent shall recommend selection of Candidates that are, within reasonable opinion, suitable to Client’s requirements. The Agent will arrange a contact between The Client and Candidate. Following the choice and Client’s acceptance of the Candidate, The Agent will reserve the Candidate that The Client selected for a period of 5 days (“Reservation Period”)
7.5 If The Client fails to comply wth clause 5.4 and 6.6 the Agent will be entitled to release Candidate from the Reservation (period) for The Client
7.6 The Agent shall obtain references from each Candidate but the Client must satisfy themselves as to the ultimate suitability of a Candidate.
7.7 The Client acknowledges and agrees that The Agent doesn’t have an ongoing obligation to The Client or The Candidate following expiry of the Initial Period.
8 ASSURANCE PERIOD
8.1 The Assurance Period refers to the period which starts from the Candidate’s arrival and which provides both The Client and the Candidate the option to terminate the placement due to mismatch or unsuitability with a view of finding a replacement Candidate.
8.2 The Agent shall provide a 4 week Assurance Period for all Candidates apart from the “Summer Au Pair” Candidates where a 14 day Assurance Period will apply.
8.3 The Agent shall provide one free replacement Candidate for the Client if clause 8.1 or 8.2 apply.
8.4 If the Candidates leaves outside the Assurance Period, further fees will apply for further placements.
9 REFUNDS AND REPLACEMENT
9.1 The Agent will offer a free replacement (as per The Agent’s services) of the Candidate if the Candidate:
9.1.1 cancels their confirmed arrival after the fee has been paid
9.1.2 leaves within 28 days of arrival
9.2 A refund of 70% of The Agent fee will be paid to the Client if the Candidate leaves within 28 days of arrival, unless a replacement Candidate is accepted by The Client. If the Candidate is a Summer Au Pair Candidate then 14 days from arrival will be applied.
9.3 All refunds are subject to an administration fee of GBP 100.
9.4 All requests for Refund must be made in writing within 7 days of the Candidate leaving.
9.5 The Client shall not be entitled to a refund if: The client terminates The Agreement and the Candidate has incurred any cost related to travel arrangements to the UK or has already arrived in the UK. A refund of 50% will apply if The Client terminates The Agreement prior to the Candidate incurring any cost related to the travel arrangements to the UK.
9.6 The Agent will offer a free placement or 100% refund of fees paid by The Client related to clause 5.4 if: the Candidate fails to arrive in the UK or terminates placement with The Client prior to the start date of the placement.
9.7 In the event of serious misconduct of false information being provided by The Client, the Candidate may terminate the placement immediately and no refund or replacement will be due by The Agent.
10 TERMINATION
10.1 The Agreement shall continue until the Services have been provided by The Agent and The Agreement shall automatically terminate on completion of the Initial Period.
10.2 The Client may terminate the Agreement if The Agent fails to comply with any aspect of these Terms and Conditions.
10.3 In the event of termination The Client must make over to The Agent any payment for work done and expenses incurred up to the date of termination.
11 WARRANTY
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
12 LIMITATION OF LIABILITY
12.1 The Agent accepts no liability and cannot be held responsible for any loss, damage, death, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act or omission by any Candidate introduced to the Client by the Agent.
12.2 The Agent accepts no liability and cannot be held responsible for any suggestions or recommendations The Agent provides to The Client and The Client shall constiture any of such advise or recommendation at its own risk.
12.3 The Agent accepts no liability and cannot be held responsible or involved in any way in respect of the relationship with or any contracts between The Client and the Candidate. It is The Client’s responsibility to seek legal advise determing clarification of any sort of employment of the Candidate and all legal requirements the Candidate must meet in cases such as driving in the UK.
12.4 The Client is responsible for all costs that might occur to the Candidate if The Client terminates the placement early without giving the Candidate a notice period of 14 days.
13 INDEMNITY
The Client shall indemnify The Agent against all claims, costs and expenses which The Agent may incur and which arise directly or indirectly from The Clients breach of any of its obligations under these Terms and Conditions.
14 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, and the party shall be entitled to a reasonable extension of its obligations.
15 ASSIGNMENT
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of The Agent.
16 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to confer any rights on a third party.
17 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
19 NOTICES
Any notice to be given by either party to the other may be served by email.
20 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
21 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.