Terms and Conditions - Family




Terms and Conditions

Article 1 - Definitions:

• BabsAupairAgency: au pair agency mediation;
• Consultant: employee Au Pair agency mediation;
• Family: The parent / guardian who closed mediation agreement with BabsAupairAgency
• Au Pair: foreign young people  who likes live for shorter or longer term and work in host family in country of her choice (the opportunity to learn about Dutch society and culture);
• Interview: interview at the family home, inspecting the Au Pair / Nanny's room and sanitary facilities;
• Application Form: registration form for host families;
• Mediation Costs: the costs BabsAupairAgency charges to the host family for the mediation;
• Awareness statement: BabsAupairAgency written agreement, the host family and au pair / nanny;
• Placing Agreement: Written agreement between the host family and au pair / nanny;
• Au Pair Work hours: legal hours that for the au pair is provided;
• The schedule: the Au pair day breakdown;
• Dear Au Pair Letter: family introduction letter of the Au pair;
• WAV: Aliens Employment Act.

Article 2 – Applicability
1. These general term and conditions is apply to any contract;
2. When the host family or Au pair entering into the agreement, they explains agrees to these conditions at that time instant and also consulted at all times on our website. Even if a partial or total commitment in another country or if the legal relationship with the party is there domiciled.

Article 3 - Services BabsAupairAgency
1. Babs Au Pair Agency will mediate in linking and matching host family and Au pair in the framework of cultural exchange programs.
2. Babs Au pair Agency guarantees that her duties correspond to the framework of cultural exchange complies with the agreement for the mediation in accordance with the statutory requirements;
3. BabsAupairAgency after a "Match" is achieved, there will be (if desired) ongoing support (remote);
4. Between the Au pair and the host family, will be a placement agreement of the contract (but not employment contract), where the host family the Au pair facility granted in exchange of doing light housework in the family.
5. When the family comes into contact (email, phone) with a nominated candidate or a candidate placed by us by third or staying with the host family. Sharing all information should always be done through BabsAupairAgency;

Article 4 - Obligation of the family
1. The host family provides written or electronic information available as below,
A family file contains at least:
2. a) - Complete Family application form
3. b) - A so-called letter Dear Au pair
4. c) – Photo’s of the entire family plus photo of Au pair room
5. d) - Copy of passport or driving license of the family
6. e) - The schedule (day breakdown of the Au pair)
7. Signed  host family should be screened. This research should be done by co-workers of BabsAupairAgency and a personal interview at the family home;
8. The host family is obliged to sign deliberate statement  and the agreement Au pair and host family   (in the agreement  the Au pair and host family agree that they will fulfill there in obligations);
9. The host family is obliged to pay the legal Au pair insurance (accident, sickness and health and liability);
10. The host family is required to register the Au pair  to the municipality of their residence place;
11. The host family is obliged to cooperate in monitoring compliance with the made agreement by an employee of BabsAupairAgency, or designated authority (s).
12. The host family is obliged to pay invoices within eight days;
13.Interim notification of relevant changes toward the host family and au pair. In violation of this article is      payable penalty possible;
a) It is not allowed for family and candidate to settle directly with each other or make another arrangement      with each other, without use services of BabsAupairAgency.
b) In violation of obligations mentioned here. The host and candidate forfeit an immediately payable penalty of     €1500 per violation of the foregoing without prejudice to BabsAupairAgency reparations;
14. The host family will refrain from acts that reputation may be harmed BabsAupairAgency;

Article 5 - The agreement to mediate
1. During the interview, inform the employee of BabsAupairAgency the family about the Au pair program, the program costs and methods of payment;
2. After the interview results the family and the employee of BabsAupairAgency signed agreement to mediate.

Article 6 - The placement agreement
1. The placement agreement is adopted by written or electronically at the time the family has sign the agreement and the same agreement will be signed by the Au pair.
2. The placement agreement has at least the following information: a) - The name and address of the host family and au pair b) - The arrival of the au pair and the end date of the contract c) - the legal obligation of the host family and Au pair d) - The duration of the contract e) - The work hours of the Au pair, etc..

Article 7 - The contract duration, payment and collection
1. The agreement between the BabsAupairAgency and the family is contracted for a fixed period, unless the nature of the agreement dictates otherwise (minimum of 3 months and maximum one year);
2. The payment of any placement to BabsAupairAgency will take place after a verbal or written confirmation of the placement;
3. The payment must be made within 8 days after the invoice date; after 8 days we will sent a reminder of 14 days.
4. If the host family fails to pay an invoice on time, the host family is legally in default.
If the host family fails to pay a 14-day period as a result of the reminder, the claim will be made on the interest and the statutory fixed collection costs of € 40 (you are not liable for VAT).
The case will then also be handed over to Karreman Court Bailiffs and Jurists.
5. The client (family) is never entitled to set off the due amount to BabsAupairAgency on his owed. Objections to the amount of a bill don’t suspend the payment obligation. The client (family) that does not appeal to section 6.5.3 (Articles 231 and 247 of Book 6 BW) is not entitled to suspend the payment of an invoice for any other reason.
6. If the client (family) in default or omission to fulfill his obligations, all reasonable costs incurred in  obtaining payment out of court on behalf of the client (family). The extra judicial costs are calculated on the basis of the Dutch collection, currently under the calculation method II report.
If BabsAupairAgency has spent higher costs for collection that has been reasonably necessary, the actual costs made is recoverable. Any judicial and execution costs will also be recovered on the client (family). The client (family) will pay the collection costs also include interest;
7. All prices are exclusive VAT.

Article 8 - Liability
1. The host family is compulsory for the legal Au pair insurance (accident, sickness and health and liability);
2. BabsAupairAgency is not liable for any inconvenience, loss and / or property damage; BabsAupairAgency is not liable for injuries directly or indirectly, by deliberate acts or negligent conduct of the placed candidate. Even if such act or fraudulent or negligent conduct in the public domain;
3. BabsAupair is not liable to collect/bring the Au pair to the airport or to the host family house in any form;
4. BabsAupairAgency assure compliance with all statutory provisions; BabsAupairAgency accepts no false information when filling out the application form, or failure to comply with the host family and au pair agreement;
5. In this Article 7.4 BabsAupairAgency has the right to take away the Au pair from the host family house;
6. All correspondence and taped interview are confidential and remain the property of BabsAupairAgency.

Article 9 - Applications and family discount
1. All applications and host family discount of BabsAupairAgency are free, unless the discount is during a period for acceptance or unless otherwise stated;


Article 10 - Warranty and Cancellation
1. Host families and au pairs have a trial period of three months. In the unlikely event if one of our nominee within the trial period leave the host family for any reason whatsoever. In that case, we will repeat the entire selection process for free;
2. The warranty for the replacement candidate will lapse; if the family does not pay the full mediation fee;
3. If the new Au pair leave within three months, then the re-program expenses must be paid;
4. If between the times of departure of the last au pair and a new mediation is longer than 18 months, a new interview will be conducted. There should therefore introduce a new interview expenses to be paid;
5. If the agreement is canceled by the host family while both Parties (host family and BabsAupairAgency)  have     been agreed to mediation, BabsAupairAgency will claim to the client (family) an immediately fee and payable     (50% of program costs). This sum is sought as compensation for labor and capital supplied;
6. If the Au Pair cancels the mediation and she is not in the Netherland and both parties agreed to mediation,     then BabsAupairAgency will do every effort as soon as for a new Au pair to mediate for the  host family;
7. A claim for pay back in what terms will not be considered by BabsAupairAgency;
8. Refund will not be considered when the host family different arrangements during the period of  any     replacement candidate is effective;
9. Cancellations can only be done with reason through a registered letter.
10. The warranty for replacement candidate is deleted, if the host family does not pay the full agency fee .

Article 11 - General
1. Invalidity of any definition of these Terms shall not affect the validity of the remaining definition of conditions. BabsAupairAgency will provide within a reasonable period a new definition;
2. Changes of the contract can only with written approval by both parties.
3. The agreement will be activated once it has been concluded;
4. The agreement will be concluded in English;
5. This agreement is an integral part of our general agreement.

Article 12 - Right Choices and Conflicts
1. BabsAupairAgency operation conducted, including all agreement, shall be governed entirely by Dutch right;
2. The judge in the office place of BabsAupairAgency has exclusive jurisdiction to hear disputes, unless the law requires otherwise. Nevertheless BabsAupairAgency has the right to submit the dispute to the competent court according to law.
3. The parties will first appeal to the courts after they have made every effort to settle a dispute by mutual agreement.

Article 13 - Location and change policy
1. These term and conditions are registered at the Chamber of Commerce in Apeldoorn;
2. Applicable is the last registered version or the version valid at the time of the creation of the legal relationship with BabsAupairAgency;
3. The Dutch text of general conditions is decisive for interpretation.