Terms of Service - Au Pairs
1. Terms and Conditions of Service for Au Pairs
1.1 Oz Pair (referred to in this document as “we”, “us”, “our”) wants to be clear what the Au Pair (referred to in this document as “you”, “your”) can expect from us in terms of provision of our services to you. We also want to clearly outline what are our expectations from you as an Au Pair to avoid any disappointments or misunderstandings along the way. With this in mind, we have prepared these Terms and Conditions of Service (“Terms”). Our services to you include matching service with the Host Family, support during your placement with the Host Family in Australia and, if required, immigration visa assistance and advice (“Services”). We will provide these Services to you on the Terms outlined below.
1.2 By using our website, and/or engaging our Services, you agree to be bound by these Terms which form a legally binding contract. Please read these Terms carefully as they set out the basis on which you can use our website and on which we provide our Services to you. We suggest that you seek legal advice if you do not understand the content of this agreement. We reserve the right to delete, add to or amend these Terms or any part of these Terms at any time to reflect any changes to our Services or as required by law.
1.3 We are committed to ensuring that we provide a great service to you so if you have any questions, comments, complaints or suggestions how we can improve our service, please get in touch with us via e-mail to: email@example.com
2. Au Pair - Host Family matching service
2.1 We will meet with you in person if you are in Sydney, Australia or arrange a video conference with you to have an opportunity to get to know you, your personality, your work experience with children and discuss your expectations with regards to the Au Pair experience in Australia. This will also be a good chance for you to ask us any questions you may have. We will ask you to complete a questionnaire prior to our meeting to allow us to capture key information about you and your key requirements which we will then discuss during our meeting.
2.2 Following our meeting, we will confirm our engagement and Service fee in writing. The Service fee will depend on the level of assistance you require from us and, in particular, whether you require assistance with your Australian visa application. The administration fee is non-refundable unless we are not able to find a Host Family for you. Our fees are noted on our website (www.ozpair.com.au) under the pricing tab.
2.3 Upon acceptance of the engagement, you agree to pay the Service fee into our Client bank account by a method specified in our email. We will keep your funds in a separate Client bank account until we complete our Services to you.
2.4 Upon receipt of the funds into our account, we will commence our search for a suitable Host Family for you and conduct/verify your references. We require that you provide us with a copy of your passport so that we can confirm your age and verify your Australian visa status and at least two written references (from a person not related to you), evidencing your experience as a babysitter, au pair or nanny. The references must contain a contact number and/or email of the referee so that we may contact them to verify your references. We may request you to provide further references and/or background checks, if we think it is necessary.
2.5 We will present you with a profile of at least one Host Family who we think matches your search criteria for your consideration and assist you with arranging a video conference with the Host Family. You may choose to interview some or all of the Host Families that we present to you. While we make our best efforts to present you with a Host Family that in our view is the right fit for you, it is your responsibility to select a Host Family that is suitable for you following your interview with the Host Family.
2.6 When you accept the offer of the Host Family, you agree to inform us as soon as possible.
2.7 We will provide the Host Family with a template document confirming basic arrangements between you and the Host Family. You and the Host Family can amend the document based on your discussions regarding details of your engagement including start date, hours of work, pay, etc. We would strongly suggest that you and the Host Family sign the document to avoid any confusion or misunderstanding following your arrival and/or commencement of work with the Host Family. You agree to provide us with a copy of signed document which can assist us with any dispute resolution during your placement with the Host Family.
2.8 We will provide you with reasonable ongoing support during your placement with the Host Family. This includes check in with you after one month following your placement with the Host Family and/or one month prior to conclusion of your placement.
2.9 We reserve a right to decline providing services to you where we think we may not be able find a suitable Host Family for you or if following confirmation of engagement, you do not pay the Service fee into our Client bank account.
3 Immigration advice and assistance
3.1 We can provide you with advice on your Australian visa options and assist with your visa application. If you decide to engage us to assist with your immigration needs, we will send you a separate Agreement for Services and Fees outlining the scope of immigration services we will provide to you, government charges and our fees.
3.2 The immigration advice and assistance will be provided to you by an experienced Registered Migration Agent who will act in accordance with the Migration Agents Registration Authority Code of Conduct. You can download a copy of the Code of Conduct from MARA website.
3.3 As part of our service to the Host Family, we will verify that you hold an Australian visa which allows you to legally undertake work in Australia (unless we assisted you with the visa application process). We will do this through the Department of Home Affairs’ Visa Entitlement Verification Online (VEVO) website. We will provide the outcome of the VEVO check to the Host Family. For this purpose, you agree to provide us with a copy of your passport.
3.4 You agree to comply with the conditions attached to your visa and will advise Oz Pair if your visa status changes.
4. What can you expect from your Host Family?
4.1 We would like you to have a positive experience with your Host Family in Australia. In order to avoid any misunderstandings, we have listed below the minimum requirements outlining what you can reasonably expect from your Host Family. We would also encourage you and the Host Family to put in writing the basis arrangements between you and the Host Family. As noted in clause 2.7 above, for this purpose we will provide the Host Family with a template document. You can request this document to be provided to you. By engaging an Au Pair through Oz Pair, the Host Family agreed to provide you with:
4.1.1 Transport from/to the nearest International airport;
4.1.2 Assistance following your arrival in Australia with settling in and getting to know the children who will be in your care, the daily routine, etc.;
4.1.3 Any training or clear guidance, in particular, in the first few weeks following placement to assist you with settling in the family life, getting familiar with your responsibilities and understanding the expectations with regards to your duties;
4.1.4 A clean and comfortable room and all meals/food;
4.1.5 Weekly pocket money as agreed between you and the Host Family depending on agreed hours of work, how many children will be in your care, and duties outside of child minding;
4.1.6 Additional pay for extra work (beyond the agreed usual hours) such as babysitting on the weekend, cleaning and other household duties done outside of the normal working hours;
4.1.7 Two days off a week and a day off on a public holiday unless agreed otherwise with the Host Family;
4.1.8 Work schedule that includes childcare activities of no more than 40 hours per week unless restricted by visa conditions to work up to 40 hours per fortnight (Student visa holders);
4.1.9 Reimbursement of reasonable expenses incurred by you with the Host Family approval and upon presentation of receipt
4.1.10 Car insurance if you are given a car to drive as part of your Au Pair duties.
5. Your responsibilities as an Au Pair
5.1 You agree to perform your duties to the best of your ability and to follow lawful instructions from your Host Family. You also agree to make an effort to fit into the family environment and not to make unreasonable demands from the Host Family.
5.2 You will familiarize yourself with your responsibilities and take time to understand the Host family’s expectations with regards to your duties;
5.3 You will devote your working hours (and reasonable additional hours as agreed with your Host Family) to the performance of your duties, unless you are unwell or injured.
5.4 If you are unwell and unfit to work, you are required to advise your Host Family immediately to allow them to make alternative child care arrangements. In case of a prolonged sickness, your Host Family may require you to see a doctor and obtain a medical certificate.
5.5 Your key duties will relate to care for the children and will include supervision, play time, taking the children for a walk, to school and additional activities or appointments, preparing meals, tidying up their rooms and doing their laundry;
5.6 Prior to commencing work with children, you will apply for a Working with Children Check. We will provide you with the application form, but it is your responsibility to complete and submit the application form to the relevant authority in the State or Territory where your Host Family is located and pay the associated fee.
5.7 You agree to limit the use of your mobile phone/tablet/computer during you working hours to minimum and focus on caring for children and/or other duties as agreed with the Host Family;
5.8 You agree to respect the house rules of the Host Family and will not to consume (or be under the influence of) alcohol, take any illegal drugs while you perform your duties or smoke in the presence of children;
5.9 If you are required to drive as part of your duties, you will comply with all relevant driving laws in Australia.
5.10 When the duties you are requested to perform are beyond what was initially agreed with the Host Family which results in a dispute with the Host Family, you will advise Oz Pair as soon as possible and we will do our best to assist with dispute resolution.
6.1 You are responsible for the following expenses, where applicable:
6.1.1 Passport and Australian visa application fees;
6.1.2 Return plane ticket to Australia;
6.1.3 International Student fees;
6.1.4 Working with Children Check application form;
6.1.5 Health and travel insurances. As the medical costs are very expensive in Australia, we strongly recommend that you arrange a health/travel insurance for the duration of your stay in Australia. We also recommend that you ensure your insurance covers loss or theft of property, third party civil liability and repatriation. You may be eligible for basic medical cover under the Reciprocal Health Care Arrangements. To see if this applies to you visit the Department of Human Services website.
6.2 We recommend that you seek independent advice regarding your financial responsibilities which includes Australian tax and Superannuation requirements.
7. Legal relationship with the Au Pair and Host Family
7.1 Oz Pair is not an employer or an agent of the Host Family and we have not entered into any employee/employer or any agency agreement with the Host Family.
7.2 Oz Pair is not your employer or agent and we have not entered into any employee/employer or agency agreement with you as an Au Pair.
7.3 There is also no intention to create a contractual or legal relationship between the Host Family and the Au Pair.
8. Warranties and exclusions of liability
8.1 You warrant that all responses and information you provide to us during the meetings/calls, in questionnaires, emails and in any other way is true, accurate and complete. In case of changes to your circumstances affecting the accuracy of information provided to us in any form, you will notify us in writing as soon as possible.
8.2 You warrant that you have a clean criminal record and are generally of good health. You will advise Oz Pair if you have a health condition which may affect your ability to work with children and/or if you have a criminal conviction/warning.
8.3 We make every effort to ensure that all information we provide to you is true and correct. However, we cannot be held responsible for any incorrect information.
8.4 As part of our service to you, we introduce the Host Family to you. However, you choose the Host Family who you will work for using your own judgement in making the selection and it is your responsibility to be satisfied that the Host Family is the right fit for you. Oz Pair does not warrant the satisfaction or compatibility of a Host Family you are placed with.
8.5 You unconditionally release, to the extent permitted by law, Oz Pair, its employees, agents acting on our behalf and partner agencies from all warranties, liability, damages, costs, loss, claims, demands and/or actions for personal injury, sickness or death, property damage or expense of any nature, any indirect or consequential loss or damage caused by, resulting from or in relation to being an Au Pair and/or our services under these Terms. This release includes, but is not limited to, liability for any intentional or negligent acts or omissions by the Host Family, agents acting on our behalf or employees of Oz Pair.
8.6 To the extent permitted by law, where Oz Pair is not entitled to exclude a warranty, condition or term implied in fact or by law, Oz Pair’s liability for any breach is limited at our option to resupply services or payment of the cost of having services resupplied by us. In all instances, Oz Pair’s aggregate liability to you for loss or damage, caused by, resulting from, or in relation to our Services under these Terms whether arising from breach of contract, negligence, statute, or any other tort, in equity or otherwise, is limited to the fee we charged you for the provision our Services.
8.7 Oz Pair cannot be held responsible for any actions or inactions of the Host Family or you and you agree to indemnify Oz Pair in full in that regard. Oz Pair will not be responsible if the Host Family fails to pay you the weekly pay.
8.8 We will communicate with you and send/receive documents electronically, including email and Google Drive. The electronic transmission of information and documents is not secure and may be copied, read or interfered by third parties. You release us from any claim you may have as a result of any unauthorized copying, reading or interference with the information or documents transmitted electronically and for any damage caused to your system or files.
9. Dispute resolution
9.1 We expect that you will initially try to resolve any issues with your Host Family. If the issues cannot be resolved, you will notify us in writing.
9.2 We will make reasonable efforts to resolve any disputes or difficulties that arise following your placement with the Host Family.
9.3 If we determine based on our conversations with you and the Host Family, that there are reasonable grounds why the placement cannot continue, we will aim to facilitate another Host Family for you without a charge, unless the placement is terminated due to your serious misconduct. However, we expect that you will stay with your Host Family for the initial period of two weeks following placement to allow you to settle in the family (“Settlement period”).
9.4 If the Host Family cancels your placement prior to your arrival, we will make our best efforts to find a new Host Family for you.
10. Terminating placement
10.1 If you decide to terminate the placement with the Host Family before the agreed start date, you must provide us and the Host Family with at least 14 days’ notice in writing to allow us to find a replacement Au Pair.
10.2 If following the Settlement period, you wish to terminate the placement, you are required to give the Host Family at least two week notice in writing (unless due to a family emergency you are required to travel back to your home country) and advise them of the reasons for terminating the placement. You agree to provide a copy of the notice to us. During the notice period, you are required to continue working for your Host Family.
10.3 In the hopefully unlikely event of serious misconduct by you including circumstances which resulted in a significant harm or risk of harm to the child in your care, the Host Family can terminate your placement without notice. Serious misconduct also includes theft, excessive drinking, child abuse or any other inappropriate behavior. The Host Family agrees to assist you for a period not exceeding two weeks with accommodation, food and transfer to the airport until you make alternative living arrangements and/or return home.
10.4 You can terminate the placement without notice in case of a serious misconduct from the Host Family, including any form of harassment or bullying, illegal drug taking, excessive drinking, child abuse or violent behavior.
10.5 You may terminate the placement in circumstances where your duties as an Au Pair are substantially different to the agreed role, where you are not provided with a clean accommodation, food and/or pocket money as initially agreed. You will first advise us as soon as possible if this occurs so that we can mediate between you and your Host Family and try to resolve the issue.
12.1 Any correspondence or communication with us is confidential and you agree not to disclose the information, documents, templates, etc. that we provided to you as part of our Service to other parties. Oz Pair has copyright and intellectual property rights in all documentation, materials and processes created by Oz Pair.
12.2 You agree not to disclose any personal, sensitive and/or confidential information about the Host Family during and following completion of your placement.
13. Governing law
13.1 The law governing this agreement is the law of the New South Wales, Australia.
13.2 You agree to attempt to resolve any disputes arising under this agreement amicably through negotiation with us before taking the matter to court. All communication in relation to these negotiations is confidential.
If any provision of these Terms shall be deemed unlawful, void or unenforceable, then that
provision shall be deemed severable from these Terms and would not affect the validity and
enforceability of the remaining clauses of this agreement.