Terms of Service - Parents
1. Terms and Conditions of Service for Host Family
1.1 Oz Pair (referred to in this document as “we”, “us”, “our”) wants to be clear what the Host Families (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 a Host Family 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 Au Pair matching service, support during the Au Pair placement, advice on Au Pair’s visa status and work rights and, if required, immigration assistance relating to a request for extension of 6 month work limitation (“Services”). We will provide these Services to you on the Terms outlined below. Please note that the below Terms of Service also cover placements of Nannies and Demi Pairs.
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: firstname.lastname@example.org
2. Au Pair matching service
2.1 We will meet with you in person at your home or arrange a video conference to discuss your family needs and expectations and where possible, to see the living arrangements that you can offer to the Au Pair. We may ask you to complete a brief questionnaire prior to our meeting or video call to allow us to capture key information about your family and your key requirements.
2.2 Following our meeting or video call we will confirm our engagement and fees in writing. Upon acceptance, you agree to pay a $200 deposit into our bank account by a method specified in our email. Please refer to our refund policy in section 7 below for details. Our fees are noted on our website (www.ozpair.com.au) under the pricing tab.
2.3 Upon receipt of the deposit into our account, we will commence our search for a suitable Au Pair for your family. We may require that you provide us with at least one written reference from a person not related to you for your family. We may request you to provide further references and/or background checks, including an Australian Federal Police clearance for you and any adults living in your household, if we think it is necessary.
2.4 We will present you with a profile of at least one Au Pair who we think matches your search criteria for your consideration and assist you with arranging a video conference or a meeting with the Au Pair(s). You may choose to interview some or all of the Au Pairs that we present to you. While we make our best efforts to present you with Au Pairs who in our view are the right fit for your family and meet your search criteria, it is your responsibility as a Host Parent to select an Au Pair that is suitable for your family following your interview with the Au Pair.
2.5 When you accept the Au Pair we presented to you for placement, you agree to inform us as soon as possible upon Au Pair’s acceptance of your offer. At this time, you also agree to transfer the balance of our Service fee to our bank account.
2.6 We will provide you with a template document confirming basic arrangements between you and Au Pair. You can amend the document based on your additional discussions with Au Pair. We would strongly suggest that you and Au Pair sign the document to avoid any confusion or misunderstanding following Au Pair’s arrival in Australia or commencement in the role. You agree to provide us with a copy of signed document which can assist us with any dispute resolution during the placement.
2.7 We will provide you with reasonable ongoing support during the Au Pair placement. This includes check in with you within one month following placement of the Au Pair with your family and/or one month prior to Au Pair is due to conclude her placement with you.
2.8 We reserve a right to decline providing services to you where we think we may not be able find a suitable Au Pair for you or if following confirmation of engagement, you do not pay the deposit into our bank account.
3. Immigration advice and assistance
3.1 We will verify that the Au Pair holds an Australian visa and has appropriate work rights through the Department of Home Affairs’ Visa Entitlement Verification Online (VEVO) website. We will advise you of any work restrictions attached to your Au Pair’s visa.
3.2 If your Au Pair holds a Working Holiday or Work and Holiday visa and she/he would like to remain with your family beyond the period of 6 months, we can apply on your behalf to the Department of Home Affairs for an extension of the work limitation. Our fee for this service is AU$300 and is payable into our Client bank account upon engagement.
3.3 The immigration advice and assistance will be provided to you by a Registered Migration Agent who will act in accordance with the Migration Agents Registration Authority (MARA) Code of Conduct. You can download a copy of the Code of Conduct from MARA website.
3.4 Nothing in our statements, documents or other materials should be construed as a promise or guarantee as to the outcome or result of any immigration matter.
3.5 We will retain your documents and information that were provided to us for the purpose of immigration advice and assistance for 7 years as required by law. Following that period, we will securely delete or destroy all your information and documents.
4. Au pair placement
4.1 It is important that you advise your Au Pair in advance what are your expectations with regards to her/his duties, hours of work, commencement date and term of placement as well as other matters such as liability for car insurance excess, possibility of terminating the agreement, etc. As noted above, we will provide you with a template document which we would strongly recommend that you review, update and discuss with your Au Pair to confirm basic arrangements.
4.2 We would like the Au Pair to have a positive experience with you as her/his Host Family in Australia and it is important that the Au Pair is made feel welcome at your home and becomes part of your family. We have listed below our minimum expectations from you as a host family. By engaging a live-in Au Pair through Oz Pair, you agree to provide your Au Pair with:
4.2.1 Transport from/to the nearest International airport or from a location in Sydney where the Au Pair is staying;
4.2.2 Assistance following arrival in Australia with settling in and getting to know your children, the daily routine, etc. We would suggest giving an Au Pair at least 2 days to transition into the new environment before she/he commences work;
4.2.3 Any training or clear guidance, in particular, in the first few weeks following placement to assist an Au Pair with settling in your family life, getting familiar with her responsibilities and how you expect the duties to be carried out. It is important to set your expectations at the outset;
4.2.4 A clean and comfortable room in your home and all meals/food;
4.2.5 Weekly pocket money as agreed between you and the Au Pair depending on agreed hours of work, how many children will be in her/his care, and duties outside of child minding;
4.3.6 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;
4.2.7 Two days off a week and a day off on a public holiday unless agreed otherwise between you and the Au Pair;
4.2.8 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); and
4.2.9 Reimbursement of reasonable expenses incurred by Au Pair with your approval and upon presentation of receipt.
4.3 If you provide your Au Pair with a car, it is important that you specify when she/he is authorized to use the car, advise them of any applicable laws in Australia, for example, with regards to child seats, driving after consuming alcohol, etc. It is your responsibility to ensure that Au Pair can drive and that you are comfortable with her/his driving ability. It is also your responsibility to ensure your car insurance policy covers the Au Pair. If an Au Pair has an accident, you may request that she/he pays the insurance excess. Prior to allowing your Au Pair to use your vehicle, you must advise her/him of the applicable excess and limitations, if any, on your insurance policy. Oz Pair will not be responsible for any damage to your vehicle or an injury resulting from any car accident.
5. Legal relationship with the Au Pair and Host Family
5.1 Oz Pair is not an employer or an agent of the Au Pair and we have not entered into any employee/employer or any agency agreement with the Au Pair.
5.2 Oz Pair is not your employer or agent and we have not entered into any employee/employer or agency agreement with you as a Host Family.
5.3 There is also no intention to create a contractual or legal relationship between you and the Au Pair.
5.4 We recommend that you seek independent advice regarding financial responsibilities associated with hosting an Au Pair which includes Australian tax and Superannuation requirements.
6. Warranties and exclusions of liability
6.1 You warrant that all responses and information you provide to us during the meetings, 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.
6.2 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.
6.3 As part of our service to you, we introduce the Au Pairs to you as a Host Family. However, you choose the Au Pair who will work for you using your own judgement in making the selection and it is your responsibility to be satisfied that the Au Pair is the right fit for your family. Oz Pair does not warrant the satisfaction or compatibility of an Au Pair placed with your family.
6.4 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, theft or expense of any nature, any indirect or consequential loss or damage caused by, resulting from or in relation to hosting 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 Au Pairs, agents acting on our behalf, Oz Pair or employees of Oz Pair.
6.5 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.
6.6 We will communicate with you and send/receive documents electronically, including email, messenger, WhatsApp, FaceTime 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.
7. Dispute resolution and fee refund policy
7.1 We expect that you will initially try to resolve any issues with your Au Pair. If the issues cannot be resolved, you will notify us in writing.
7.2 We will make reasonable efforts to resolve any disputes or difficulties that arise following placement of an Au Pair with you.
7.3 If we determine based on our conversations with you and the Au Pair that due to a serious misconduct by the Au Pair the placement cannot continue, we will aim to facilitate one replacement Au Pair for you without a charge.
7.4 The replacement will only be facilitated if you advise us in writing of the issue and reasons within the first 30 days following placement. If we are not able to find a suitable replacement Au Pair for you within a reasonable time frame, we will refund 50% of our placement fee back to you.
7.5 If you decline two Au Pairs that we presented to you based on your key search criteria outlined in the information questionnaire or in communication with us, we will not provide you with a fee refund.
7.6 We will not provide a fee refund on grounds of personality mismatch or due to things that should have been assessed by you during the interview process including, but not limited to, English language proficiency and/or matters that we have disclosed to you during our meeting, call or in writing.
7.7 Following the period of 30 days after placement of an Au Pair with you, we will not offer any refunds if you decide to terminate the placement regardless of the reason for termination and/or if the Au Pair decides to conclude her placement with you.
7.8 The deposit which you pay to us upon engagement is non-refundable, unless we do not present any candidate to you. However, if following engagement you search and find a candidate yourself, we will not provide a refund of a deposit to you if we have already commenced our search for a suitable Au Pair for you.
7.9 If the Au Pair terminates the placement due to a serious misconduct from you or your family members, including any form of harassment or bullying, illegal drug taking, excessive drinking, child abuse, violent behaviour, or where the duties Au Pair is required to perform are substantially different to the agreed role or you do not abide by these Terms, we will not provide you with a replacement Au Pair or a refund.
7.10 If the Au Pair cancels her/his placement prior to arrival, we will make our best efforts to find a replacement Au Pair for you. If we are not able to find a suitable replacement, we will refund 50% of our placement fee back to you.
7.11 If you cancel the placement after the Au Pair has accepted the placement with you, we will not provide you with a fee refund.
7.12 We reserve the right to charge a cancellation or progress fee for partially completed work if you cancel or suspend our engagement prior to finalization of the provision of the Service to you. The fee will reflect the work that we have conducted on providing the Services to you up to the day of termination and will include disbursement and third party expenses that we have incurred.
8. Terminating placement
8.1 If following the Settlement period, you wish to terminate the placement, you are required to give the Au Pair two week notice in writing and advise the Au Pair 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 to pay your Au Pair the agreed amount of pocket money, and provide her with food and accommodation.
8.2 In the hopefully unlikely event of serious misconduct by the Au Pair which can result in a significant harm or risk of harm to your child, you can terminate the Au Pair's placement without notice. However, you are required to assist your Au Pair for a period not exceeding two weeks with accommodation, food and transfer to the airport until the Au Pair makes alternative living arrangements and/or returns home.
8.3 Costs, such as accommodation, food, transport to the airport, incurred by the Au Pair or by us on Au Pair’s behalf during the two weeks period will be recharged to you.
8.4 The Au Pair may terminate the placement without notice in case of a serious misconduct from you and/or your family members, including any form of harassment or bullying, illegal drug taking, excessive drinking, child abuse or violent behavior. Au Pair may also terminate the placement in circumstances where her/his duties as an Au Pair are substantially different to the agreed role, she/he is not provided with a clean accommodation, food and/or pocket money as initially agreed.
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.
11. Governing law
11.1 The law governing this agreement is the law of the New South Wales, Australia.
11.2 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.