Terms and conditions: Host family
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. Babs Au pair Agency 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.
Terms and conditions: Au pair
1- The candidate has confirmed that she/he has read all written materials provided by BabsAupairAgency and that she/he has fulfilled all criteria. The candidate has understood that the Au pair programme is a cultural exchange programme and not contract for work. The candidate was aware that been an Au pair/Mothers help requires a high degree of both responsibility and flexibility and that she/he must take her duties seriously.
2- The candidate confirms that she/he has answered all questions honestly. And that all information in the application is true.
3- After confirmation of placement, the candidate shall stay in touch with the host family and shall inform her Agency about her travel arrangements. The candidate is agree not to travel to the host family until she/he has received an official confirmation of placement from BabsAupairAgency. Passing on of an introduction (candidate) to another employer or an arrangement with the host family resulting an agreement (penalty). The candidate is agree to not do any arrangement with the host family without toward the Agency. The candidate is agree a liable payment of penalty to the Agency an amount of €1000,-.
4- The candidate shall familiarize him or herself with all (if any) visa requirements. She/he shall obtain necessary documents (e.g. a valid passport) prior to departure and shall not enter the host family country without a proper visa (if required).
5- The candidate is familiar with and agree to abide by all programme guideline and condition, in particular those regarding the number of working hours, au pair duties, pocket money, free time, holidays language courses, transportation cost insurance and the termination of an Au pair Agreement.
6- Upon her/his arrival in the host family country, the candidate shall discuss in detail with the host family the daily or weekly routine and their expectation of the Au pair programme.
7- The candidate shall carry out the childcare and light housekeeping duties with diligence. In addition to her/his Au pair duties, agree to keep her/his room clean and neat and to make a fair contribution to the cleanliness of the common areas of the host family home.
8- The candidate agrees to able by all rules set by her/his host family (i.e. use of the phone, internet access, and facilities within the home, daytime and overnight visitor, curfew, smoking, etc…). During her/his stay, she/he shall behave in a manner, which does not reflect badly to the host family, both Au pair Agency (BabsAupairAgency and the foreign Agency of her/his country).
9- The candidate shall seek the advice of the host family before administering any form of discipline on the children. Under no circumstance shall the candidate hit the children or leave them alone.
10- The candidate shall discuss with the host family any arrangement for holiday well in advance.
11- The candidate shall make a concerted effort to experiences and display tolerance toward others.
12- The candidate realize that the success of her/his stay depends largely on her/his own initiative. The candidate shall try to integrate her/his self into the host family life and should any problem arise, communicate openly with the family and actively seek a solution.
13- If the candidate has any problems or question, which cannot be discussed or resolved with the host family, she/he shall contact the Au pair Agency in the host family country for assistance.
14- a) The candidate shall make every effort to resolve any difference with the host family. If no solution can be reached and she/he shall decide to leave the host family, the candidate agrees to give 20 work days’ advance notice. During this period, the candidate shall perform her/his normal duties and receive room, board and pocket money. If she/he request to be placed with a new family, she/he realize this involve moving to a different city.
14- b) Under no circumstance the candidate should leave the host family or not coming back from her/his holiday without advance notice.
14- c) Leaving the host family without advance notice resume a penalty of €1000 (directly payable) to the Agency.
15- The candidate understands that she/he shall be expected from the programme and must return home if she/he falls to abide by this agreement or programme guideline. If the candidate falsify any information in the application (e.g. regarding smoking, childcare experience, health ect.)
16- The candidate agrees to leave the host country before her/his visa or residence permit expires (if applicable). About candidates from EU countries, under no circumstance she/he will prolonger the work contract without informed the Agency. This will resume a penalty of €1500 to be pay directly to Agency.
17- The candidate shall not undertake any other paid employment and will perform only those tasks related to the Au pair programme.
18- Should the candidate decide to cancel the application, she/he shall inform the Au pair Agency at once.
19- The candidate shall notify BabsAupairAgency immediately if there an any changes to the information included in her/his application.
20- The candidate shall not hold BabsAupairAgency responsible for any losses, injury or damage that may occur during her/his placement.
21- Becoming a member, the candidate agree that some of her/his details can be displayed on www.babsbaupair.nl (to search suitable family) and access to the visitor.
22-All documents and information’s submitted will be treated as confidential and remain in the property of the Agency.
This candidate’s general agreement has been revision from Mart 2011.