Au Pair, Nanny, Maternity Nurse, Tutor Governess, Mother’s Help, Housekeeper, Elderly Companion/Homecare/ Pet Nanny Candidate- Terms & Conditions
Last Updated January 2017
PLEASE NOTE THE TERMS AND CONDITIONS AS OUTLINED BELOW, ARE FOR CANDIDATES ONLY.
IF YOU ARE A FAMILY/ EMPLOYER THEN PLEASE READ OUR TERMS AND CONDITIONS FOR CLIENT FAMILIES, in the tab under FOR FAMILIES
Heavenly Au Pairs & Nannies, the Agency, will only work with good legitimate Families/ Clients and good legitimate Candidates (with good references). Please do not be offended when we ask you for verifiable proof of who you are and what you have done
We are based in London and are registered in the UK – Company number 0801418. We are registered with the ICO in accordance with the Data Protection Act of 1998 number Z3657103.
When you register with us, or accept a position with one of our clients, you thereby accept and agree to abide by our terms and conditions for Candidates as set out herein.
Agency, We, Us, Our, Ourselves: Heavenly Au Pairs Ltd (Heavenly Au Pairs & Nannies)
You, Your, Yourself, Candidate: Au Pair/ Nanny/ Mother’s Help/ Maternity Nurse/ Child Carer/ Companion/ Housekeeper/ Elderly Companion/ Elderly Carer/ Pet Nanny/ Tutor Governess
Partner: Organisation/People who support the Agency in its work
1. Heavenly Au Pairs & Nannies acts as Agents for the purpose of effecting introductions between Families/Clients and Candidates. The Agency does not employ Candidates, directly or indirectly.
2. The terms and conditions within this document shall apply to any contract between the Candidate and the Agency and such a contract shall come into force upon You submitting a Registration to the Agency.
3. You and the Family/ Client will warrant that the information provided to the Agency at the time of Registration is correct. You agree to notify the Agency of any change in circumstances. If these changes might affect the Family/ Client, then You must also notify them.
4. You have read and understood the information contained in our relevant pages regarding the Category you are applying for (Au Pair/ Nanny etc.) and agree to the role, tasks and expectations as described in our website.
Furthermore You agree to:
a. Provide to the Agency and Family all information which is relevant to your application and which is accurate, to the best of Your knowledge.
b. Treat the Family, Children/ Elderly Person / Pets and all the Family’s property and Information with care and respect at all times.
c. Never disclose personal information, including photos, about the Family/ Employer’s circumstances or its property to any third party in writing, verbally or on the internet including all social media, without receiving the Family’s/ Employer’s permission first, in writing.
d. Carry out your role for the Family or Employer to the best of your ability.
e. To stay at least until the end of the Placement/ Employment term (where such as been agreed) as per your contract or letter of invitation, unless both parties agree to a new termination date, be that a shorter or longer period of time.
5. Although the Agency takes every care to check the Family’s details and match You as closely as possible, You are strongly advised to satisfy Yourself as to the suitability of the Family. You accept that Your chosen Family is chosen by You.
6. The Agency will support and advise the Candidate, but is unable to micro manage a Placement and it is the responsibility of the Candidate and Family/ Employer, to make the Placement a success. The Agency cannot be held responsible should the Family host/ employ the Candidate for a shorter time than that agreed initially, or if there is a breakdown in communication.
7. You accept and agree that, in order for the Agency to find You a Family/ Employment position, the Agency can share Your details with Families and with Our carefully selected Partners (this includes photos) and that the Agency will keep your details securely on file and will contact you with job and placement opportunities.
8. You accept that the Agency will share your email address with other candidates placed by Heavenly Au Pairs & Nannies, unless you ask us not to. This is for the purpose of helping you and others to find local friends.
9. It is FREE for Candidates to Register with Heavenly Au Pairs & Nannies. However you will need to pay for your own Insurance, should you require it (travel insurance, possibly health insurance, but not usually car insurance) and for your travel expenses to your chosen Family/ Employer. If you take a position through us as an Employee (Nanny, Elderly Companion, Housekeeper etc) You must ensure that you are covered by an adequate and up to date Public Liability Insurance Policy. Please ask us for further details if you are unsure about this)
10. a. For those applying for the Au Pair Programme, please note it is form of cultural exchange. An Au Pair is not a worker, nor an employee and should be treated equal to/ on a par with the Host Family. The Family and the Candidate will agree (by means of a Letter of Invitation) on the basic duties, hours, conditions and weekly money, but this will not constitute a contract of work.
10. b. If and when You accept the offer by the Family to be their Au Pair, this is based on the Letter of Invitation and other information provided by You and the Host Family.
11. If you are to be engaged as an employee (eg. as a Nanny or Housekeeper) the Family will provide You with a contract of work, either before your start date (in most cases) otherwise at latest within 2 months of your starting work. The Agency strongly recommends that the contract is agreed before any travel arrangements are be made, to ensure that both sides understand and agree to the job’s conditions. If the employer is slow to give this to you you must ask for it. Furthermore please be aware that you must have a National Insurance Number (NIN), if you are born in the UK you will receive this at the age of 16 years. If you are from another country you need to make an appointment with your local Job Centre as soon as you arrive, to get your National Insurance Number. Anyone who is an employee (ie. not engaged as an au pair) will need a contract of work from the employer and be registered with HMRC. You will also need to open a bank account to receive salary payments.
12. If you are / going to be an employee you must make yourself aware of your legal responsibilities, such as registering with HMRC and paying the correct amount of tax. Most employers will run payroll (salary payments) through a payroll company which will deduct the correct amount of tax and pay your the net amount, however you need to make yourself aware of employment law and taxation. Please read guidance on www.gov.uk and https://www.gov.uk/employment-contracts-and-conditions.
13. If the Family/ Employer makes an offer of engagement directly to You, then You agree to notify the Agency of this immediately.
14. Candidates and Families are entitled to 2 weeks notice of termination of Placement/ Employment. This shall be 1 week during the first month (except for Candidates originating through our overseas partner STS where it is always 2 weeks). However, in the event of serious misconduct by the Candidate or the Family, either party shall be entitled to terminate the Placement/ Employment immediately.
15. After accepting the position offered the Candidate will accept no other position, paid or unpaid, without first checking with the Host family/ Employer.
16. The Agency does not accept responsibility for any loss, damage, expense, injury or inconvenience to You or Your property resulting from the Agency’s introduction or provision of services or from any acts, omissions or conduct of staff introduced by the Agency, its employees or Partners. The Agency advises You to consider taking out appropriate insurance.
17. Although every effort is made to ensure that any information given to Candidates and Host Families is correct, the Agency cannot be held responsible for any incorrect information. The Agency cannot be held responsible for any actions or in-actions of the Candidate or Family/ Employer and both the Family / Employer and the Candidate agree to indemnify Heavenly Au Pairs & Nannies fully in respect thereto. The Family/ Employer and Candidate further agree to indemnify Heavenly Au Pairs Ltd, its Employees and Partners fully for any inaccuracies or oversights relating to any information or guidance provided to it by the said parties in relation to its business, legal matters, taxation, employment law, insurance or other. The Family/ Employer and Candidate must inform themselves and seek specialist advice where necessary.
18. All documents you receive from the Agency are strictly confidential and are for your information only. You agree to not show to anyone or forward to anyone any documents containing details and photographs of families / Agency’s Clients or other Candidates. Furthermore you will never publish in any media, any information or photographs of our Families/ Employers or Candidates. You agree to delete from your computer/mobile devices, as soon as practicable, any information you receive about Families / Employers or other Candidates. You may store securely the information you have received on the Family / Employer whom you ultimately agree to be matched with until the end of your placement / term of work.
19. As an Au Pair/ Mother’s Help/ Nanny/ Companion/ Housekeeper/ Pet Nanny/ Carer, you agree to behave responsibly at all times, using common sense appropriate to your age and the position you hold.
20. We regret that we are only able to accept applications from Candidates who will be able to apply for and provide a Police Check/ Criminal Record Check/ DBS (dated within 3 months)
21. You agree to all these terms and conditions upon submitting a Registration to Us the Agency.
22. These terms and conditions are subject to the laws of England & Wales.