We require a non-refundable Search Activation Fee of £48 (£40+ VAT) per placement search. This will not be charged if You have paid a Search Activation Fee, which was invoiced within the previous 6 months. Payment of the fee shows Us that You are committed to the process of engaging a candidate and is necessary since considerable work is undertaken within the first days/week of You registering with Heavenly (as We immediately begin interviewing & selecting on Your behalf).
Please note – The Search Activation Fee is only invoiced once We have started to send You candidates, and can be paid via PayPal, credit card / debit card, or by direct bank transfer. It must be paid before any interview with a candidate can be arranged.
For complete clarity, Heavenly FEES quoted INCLUDE VAT at the current Rate, unless otherwise stated.
HEAVENLY AU PAIRS & NANNIES is VAT. registered No. 211152177
|Candidate/s||Fee for Introduction (per placement)|
|Summer Au Pair* - Up to 3 mths; June & July Start Dates only||£360 (incl. vat)|
|Au Pair (< 30hrs p/w)||£660 (incl. vat)|
|Mother's Help||£900 (incl. vat)|
|Housekeeper (no childcare duties)||3 1/2 x agreed gross weekly pay (minimum fee of £1,000) (PLUS Vat)|
|Nanny Housekeeper**||4 x agreed gross weekly pay (minimum fee of £1,350) (PLUS Vat)|
|Junior Nanny **||3 1/2 x agreed gross weekly pay (minimum fee of £1,350) (PLUS Vat)|
|Nanny & Nanny PA **||3 1/2 x agreed gross weekly pay (minimum fee of £1,350) (PLUS Vat)|
|Governess/ Tutor **||4 x agreed gross weekly pay (minimum fee of £1,350) (PLUS Vat)|
|Maternity Nurse - (usual placement term 1-12 weeks)||£1,080 (incl. vat)|
|Couple Au Pair / Mother's Help||£1,200 (incl. vat)|
|Companion /Home Help for Elderly||£1,200 (incl. vat)|
|Companion for People with Special Needs||£1,200 (incl. vat)|
|Pet Nanny (Live-in pet carer)||£900 (incl. vat)|
|Mini Mother's Help (30-40 hrs p/w hours to include any babysitting)||£750 (incl. vat)|
The Search Activation Fee is £48 (incl. vat) . This can be paid via PayPal, credit / debit card or bank transfer.
ALL FEES ARE QUOTED INCLUSIVE OF VAT at the current Rate unless otherwise stated
*For summer au pairs: Please note, unlike our normal recruitment service, these candidates are not always interviewed by the team in London.
** Where Employee is working part-time, the fee will be based on full time equivalent weekly pay where full time is assumed to be 8hrs per day over 5 days each week (40 hours per week). A discretionary discount may however be applied.
Important Surcharges (below fees are in addition to above Fee for Introduction):
|Length of Placement||Surcharge (incl VAT)|
|Driving Candidate||Any||£96 (incl. vat)|
|Native English Speaker||Any||£360 (incl. vat)|
|Scandinavian Candidate||< 6 months||£96 (incl. vat)|
|Scandinavian Candidate||6 months or more||£186 (incl. vat)|
|German, Austrian & Dutch Candidate||Any||£120 (incl. vat)|
|Eastern European Candidate||< 6 months||£60 (incl. vat)|
|Eastern European Candidate||6 months or more||£96 (incl. vat)|
|Nanny Share, where client arranges 2nd family.||Any||£480 (incl. vat)|
ii. A surcharge is payable if You select a Scandinavian/ German/ Austrian/ Dutch/ Eastern European or Native English speaking Candidate. Furthermore please see replacements 16.d. Surcharges Explained:
i. A surcharge of £96 (£80 + VAT) is payable if You require or stated a preference for a Candidate who can Drive and you ultimately select a driving candidate. (If You did not state a need or preference for a driver then you will not be charged even if You ultimately choose a Candidate who can drive – We will always offer You the best choices of Candidate. If you stated a preference for a driver, you will be charged if you ultimately choose a Candidate who can drive) Please note, We are unable to check the Candidate’s driving ability and rely on information provided to Us by the Candidate.
iii. Please consider your required Start Date carefully. After registration and after we have made contact with you, if you wish to change Your required start date by more than 4 weeks, this will necessitate Us considering and interviewing a new pool of candidates. The Agency reserves the right to request a surcharge of £48 (£40+vat).
The Fee for Introduction is payable at the point at which You offer to engage one of Our Candidates (a Candidate introduced to You by Us) to be Your Au Pair/ Nanny/ Mother’s Help/ Housekeeper/ Companion, not upon their arrival.
Terms & Conditions
Heavenly Au Pairs & Nannies (Heavenly Au Pairs Ltd), the Agency, will only work with good legitimate Families/Clients and good legitimate Candidates. Please do not be offended when we ask You for verifiable proof of who You are.
|Agency, We, Us, Our, Ourselves:||Heavenly, Heavenly Au Pairs & Nannies, Heavenly Nannies (Heavenly Au Pairs Limited)|
|Client, You, Your, Yourself:||Hosting/Employing Family/Person|
|Candidate:||Au Pair/ Nanny/ Junior Nanny/ Mother’s Help/ Child Carer/ Elderly Companion/ Home Help/ Housekeeper/ Pet Nanny / Nanny Housekeeper / Nanny PA / Maternity Nurse / Tutor / Governess|
|Partner:||Organisation/People who support the Agency in its work.|
1. Heavenly Au Pairs Ltd. acts as Agents for the purpose of effecting introductions between Clients and Candidates and the Fees to the Agency are for introduction only. The Agency does not employ Candidates, directly or indirectly and cannot guarantee length of stay.
2. The terms and conditions within this document shall apply to any contract between the Client and the Agency and such a contract shall come into force upon the Client submitting a Registration to the Agency.
2. i. These terms & conditions supersede all previous terms of business.
3. Although the Agency takes every care to check the Candidate’s details and match the Candidate as closely as possible, You are required to satisfy Yourself as to the suitability of the Candidate before offering them the position. You accept that Your chosen Candidate is chosen by You and not the Agency.
i. Once the Client has registered with Heavenly and completed the registration forms the Agency will send you a waiver by ZohoSign (email requesting electronic signature) in case you would like us to start the search immediately for the most suitable Candidates for Your family, rather than wait for 14 days to elapse in accordance with the Consumer Contract regulations 2013. You are not required to sign this waiver, and should you not, we will begin the search for you as soon as the 14 days have elapsed.
ii. Thereafter, each time a suitable Candidate has been identified and that Candidate confirms interest in applying for your role Heavenly will send You the candidate’s files so that You/the Client can begin to determine this Candidate’s suitability for the position you are offering.
4. The Agency will support and advise the Client, but is unable to micro manage a Placement and it is the responsibility of the Client and Candidate, once engaged, to make the Placement a success. The Agency cannot be held responsible should the Candidate stay for a shorter time than that agreed with the Client, or if there is a breakdown in communication. The ‘Fee for Introduction’ relates solely to the search for and ultimate engagement of Candidate by the Client, not to the length of placement.
5. The Client accepts and agrees that, in order for the Agency to provide the Client with services, the Agency can share the personal details of the Family, as provided to the Agency by the Client, with Our carefully selected Candidates and Partners.
i. Where the Agency advertises on the Client’s behalf, NO Photos, NO Family Names and NO contact details (address or other) shall be used, to protect privacy.
6. Our Fees for Introduction outlined in the tables above are for introduction only.
7. If at any time after invoicing or payment the Candidate and Client subsequently agree to extend the length of the Placement, or scope of the duties, thus making the placement fall into a higher Fee category then the Client must inform the Agency immediately. The difference in Fee will be payable to the Agency immediately.
8. The Fee for Introduction shall be based on the description assigned to the candidate upon recommendation. For clarity, if the Client registers for a Junior but the Agency puts forward a Mother’s Help candidate along with Junior Nanny candidates, then the Client shall be invoiced only for a Mother’s Help, by the same tolken, if the Client registers for Mother’s Help but ultimately wishes to employ a Nanny / Junior Nanny, then the higher fee shall become payable. There is no negotiation on the category, it will be in accordance with the category assigned to the candidate in our written recommendation.
9. Heavenly Au Pairs & Nannies introduces Au Pairs (not classed as employee) and Employees. Au Pairs are placed in accordance with the ‘Au Pair Programme’ which was founded approximately 50 years ago. It is a form of Cultural Exchange based around Childcare whereby the au pair is not a worker, nor an employee and must be treated as having the same ‘status’ as a family member.
a. Furthermore The Client understands that the Au Pair is fundamentally inexperienced, untrained and has only informal experience with children. Au Pair candidates are usually 18 or 19 years of age, although some may be older.
b. The Client and the Candidate will agree on the basic duties, hours, conditions and weekly pocket money, set out in a Letter of Invitation (prepared by the Agency, checked & signed by the Family) but this will not constitute a contract of work.
c. If and when the Client agrees to engage an Au Pair Candidate, the Client accepts that this is based on the Letter of Invitation (drafted for You by Heavenly Au Pairs Ltd.) and other information provided by the Client to the Candidate and in accordance with the Agency’s Terms & Conditions.
d. Au Pairs have a special legal status. They are not Employees and need to be treated and welcomed like a family member and paid a fair weekly pocket money. Heavenly Au Pairs recognises that many families prefer to engage an employee (instead of an au pair) who will be treated well, but will not be included as part of the family. We can introduce You to Nannies, Junior Nannies, Mother’s Help, Housekeeper, Nanny PA, Nanny-housekeeper etc. Please see here for more information about childcarer options).
10. Heavenly Au Pairs Ltd introduces Employees (Housekeeper, Elderly Companion, Junior Nanny, Nanny, Nanny-housekeeper, Nanny PA, Maternity Nurse, some Mother’s Helps etc.) and You will be their Employer. The Client agrees to present the Employee with a Contract of Employment, before the Candidate starts their position with You and by very latest within 2 months of Candidate commencing work. Furthermore the Client agrees to include the Agency in contract negotiations (actively, or informed) and provide a copy of the final agreed contract to the Agency, as soon as practicable. Where there are later amendments to the contract the Client shall inform the Agency.
The Client will inform themselves of and is responsible for adhering to all relevant Employment Law Regulation and Tax Regulations applying thereto, including PAYE & National Insurance. (See https://www.gov.uk/contract-types-and-employer-responsibilities/fulltime-and-parttime-contracts) Heavenly puts Clients in touch with Payroll specialists who can advise and offer complete payroll service for domestic staff.
As a courtesy the Agency can send You/the Employer a draft standard Contract for the employment of Your Nanny, Elderly Companion, Housekeeper etc. However Heavenly Au Pairs & Nannies is not an Employment Law specialist or Tax Advisor and you are advised to seek your own independent advice. It is Your responsibility to check this before signing it.
a. The Client understands that it is the Employer’s (Your) responsibility to ask for and check the validity of the Employee’s Original documents and Right to Work in the UK (passport/ ID card, driving licence, visa, DBS/police check, qualifications, ) This must be done in the presence of the Employee. If the Candidate is abroad or living far from Your home and the original documents cannot be checked prior to starting work, this must take place at the first opportunity. See here for more guidance https://www.gov.uk/legal-right-work-uk and https://www.gov.uk/check-job-applicant-right-to-work We also require our Clients to also check and be satisfied with the Candidate’s references before commencing work for you.
b. By law, all employees (Not Au Pairs) must be covered under an Employers’ Liability policy. These policies provide protection for damages and legal costs that arise as a result of claims from your domestic staff suffering an injury or disease due to their employment. Please ensure you comply.
c. The Client agrees to check with the employee – Nanny / Housekeeper / Elderly Companion, that they are covered by their own Insurance (A Public Liability Insurance policy that provides specialist cover for nannies or carers while they are carrying out their professional duties. Also known as ‘Nanny Insurance’ and ‘Adultcare’ for elderly) The policy should include full cover for administering medicine and also for overseas travel (if applicable).
11. In some instances a Candidate might be amenable to working a Trial period. This is only for Employee Candidates (Nanny, Housekeeper, Companion etc.) The decision to accept a trial period, should the Client ask for this, is the Candidate’s. Where a trial is agreed to, this may not exceed 2 days, extended trials will incur Agency booking fees (see below). Furthermore the Candidate must be paid in full for their time and for any travel expenses incurred.
a. Should the Client prefer an extended trial with the Candidate (more than 2 days) this will no longer be free and the booking fee will be chargeable, in advance, at the rate :
10 % of the Fee for Introduction to book trial lasting 3-4 days (incl the free 2 days)
15 % of the Fee for Introduction to book trial lasting 5-6 days (incl the free 2 days)
b. Payment for the extended trial is non-refundable, unless the Candidate 1. cancels before day 1 or 2. fails to arrive on day 1. This payment will be DEDUCTED from your final Fee for Introduction invoice, upon offering the Candidate the position.
c. Should the Client not offer the position or the Candidate not accept after completion of a pre-paid for trial then a second trial of the same length will not incur a fee, providing the 2nd trial is completed within 4 weeks of the 1st (and any fees were paid in advance)
d. Trials over 6 days (including the free 2 days) will require payment in advance and in full.
12. If the Client makes an offer of engagement directly to the Candidate (verbally or in writing/email) then the Client agrees to notify the Agency of this immediately. Once an offer has been accepted by the Candidate, the Client is liable to pay the Agency’s Fee for Introduction and any applicable surcharges in full.
a. If the Agency has reason to believe that the Client is attempting to circumvent the Agency (engaging a Candidate introduced by the Agency without informing the Agency) the Agency reserves the right to terminate the Contract with the Client with immediate effect.
b. Should the Client be found to have engaged a Candidate who had been introduced to them by Heavenly, the Client agrees to be liable to pay the applicable Heavenly Au Pairs and Nannies Agency Fees in Full and within 7 days. They will have no recourse to any previously offered discounts or Free Placements. See also point 14.
13. The Client must pay the applicable Agency Fees upon the Candidate’s acceptance of the family’s offer and ALWAYS before ARRIVAL/START DATE. We will issue the invoice at the point of acceptance and send You the invoice by email.
a. Please Note, the Agency cannot remove your Selected Candidate from the ‘books’ until the Fees have been received by the Agency, in full. Furthermore the Candidate may not make travel arrangements until the applicable fee/fees has been paid by the Client/Family in full.
b. If any invoice is not paid when due, the Agency is entitled (at its sole discretion) to charge a £50 (+vat) late payment administration charge. Further delay in payment may result in a surcharge of 25% on all invoices which have not been settled in accordance with these Conditions. There is also a risk that a Candidate agrees with another family, if Your placement has not been booked (paid for).
The Client must ensure sufficient funds are available. Any related charges are payable by the Client.
14. If the Client decides not to accept the Candidate after an invoice has been raised, no refund will be made. Once a Client has accepted a Candidate and an invoice has been raised following this acceptance, the Client is liable to pay the full amount stated on the invoice, regardless of whether or not You ultimately decide to continue with any placement.
15. The Client agrees to inform Us immediately if the Agency introduces a Candidate to You who has already been introduced to You by a third party. If the Client does not inform the Agency immediately, and engages the candidate then We will presume the engagement is a consequence of Our introduction and Our Placement Fee will be payable. The Client also agrees not to engage a Candidate who has been introduced to You by a third party if we have already introduced the same Candidate to You; in the event that such a candidate is nonetheless engaged then Our Fees will be payable.
16. The Fee for Introduction includes a FREE 28 day Replacement facility.
a. Should the Client find the Candidate to be unacceptable (for a reasonable reason) the Client must inform the Agency in writing/email within 28 days of the Candidate’s arrival (for live-in) or start date (for live-out) and the Agency shall offer the Client a Replacement (one free replacement per fully paid fee) The criteria for the replacement search may be equal to or less than the criteria than for the first, paid for, search. For clarity, the Client cannot impose new criteria for a free search. If the Client wishes to impose new search criteria (be it age/ experience, driver etc) a new fee will need to be paid. The Agency will offer a reduction in Fee for Introduction for the new search. If the Client seeks a new Candidate after 28 days have elapsed this is no longer a Replacement and a new Fee for Introduction would be applicable. Depending on the circumstances the Agency may offer a reduction in fee, please see point 17.
b. If the Candidate fails to arrive or leaves within the first 28 days, the Agency will find a Replacement in accordance with terms as set out herein and points 17. to 17.s.
c. Should the Client decide, for whatever reason, not to accept the Replacement Candidate put forward, or to terminate the search, no refund shall be due to the Client and any subsequent placement will incur new Fees. Once the search for the Replacement has been initiated, the Client is required to read and assess files of Candidates proposed immediately and feedback to the Agency, by latest 48 hours. At peak times there are limited ‘top’ candidates immediately available and a slow response can lead to loss of the candidate’s availability. Failure by the Client to respond to the Agency’s emails and calls regarding any potential Free Replacement Candidate within 48 hours, or to General matters within 5 working days will nullify the Free Replacement. Should you later decide to embark on a new search, that search will incur new fees, although a discount may be offered.
d. If the Client seeks to replace a candidate, for whom they have paid a surcharge (Scandinavian/ Dutch/ Eastern European or Native English speaker), please note that the family may choose another candidate, of any nationality during the replacement period free of charge, but the Agency is unable to refund or waive the original surcharge. Where any surcharge for the replacement Candidate is higher than any first, the Client will be required to pay the difference.
e. The Agency will put forward to the Client a maximum number of 3 replacement candidates, matching the Client’s original search, or as close thereto as possible.
17. No Replacement will be provided (and no refund) if any the following has taken place:
a. If the Fee for Introduction has not been paid in full.
b. Where the Client has/had failed to complete full payment of the invoice PRIOR to the Candidate starting work for You.
c. For au pair placements under 3 months.
d. If the Candidate complains of abuse (verbal or other), mistreatment or misconduct by the Client, Client’s family, or acquaintances.
e. If the agency learns information subsequent to placing the Candidate which deems the Client no longer suitable to engage/employ a Candidate or the chosen category of candidate
f. If the Client restricts access to or stops the Candidate using any amenities which they are entitled to use.
g. If the Client withholds money (eg. weekly money) due to the Candidate.
h. If the Client has not disclosed information to the Agency and Candidate which materially changes the search or Candidate’s decision to accept.
i. If the Client has mis-represented the accommodation, position, hours, duties, family circumstances etc.
j. If the Candidate has been asked to leave for an unreasonable reason.
k. If the Candidate has been asked to do significant extra duties or hours not stated in writing at the time of engagement or not paid adequately extra for.
l. If the Candidate has not been given sufficient training & support during the first weeks or has not been made to feel welcome.
m. If an Au Pair has been put in sole charge of children for 12 hours or overnight.
n. If the Candidate has not been offered driving lessons and sufficient time to practise, if they are required to drive.
o. If the Candidate discovers that there are surveillance cameras in the home which he/she has previously not been made aware of in writing.
p. If the search for a replacement is not taken up immediately, involving the Client’s active / immediate interviewing of proposed Candidate/s.
q. Where the Agency has not received a copy of and accepted the signed final agreement / contract between client and candidate.
r. Furthermore if the Agency is informed or finds out that one or more of the above points has been contravened then it is unable to work for the Client as It is bound by the Constitutional terms of Its Trade Associations ANA, BAPAA & IAPA.
s. If the reason for terminating the placement is due to the candidate’s level of English (one of au pair’s primary reasons for choosing the au pair programme is to improve/ learn English)
18. We regret that We are unable to offer refunds for Our service, except in situation 18.a. The service We provide is for Introduction (fundamentally to search for a Candidate who is, as far as We together with the Client can ascertain is suitable.) and once this service has been provided it cannot be retro-actively withdrawn.
a. In the extremely unlikely event that the Agency cannot put forward a replacement Candidate, whom We consider to be suitable, within 3 weeks of beginning the search for the replacement, a refund of the fee for introduction may be offered, minus an administration charge of 30% of the fee (minimum £200 administration charge regardless of fee paid). In the unlikely case that the replacement Candidate withdraws after an offer has been made, the search for a free candidate will be recommence for a further 3 weeks, at the end of which time, if no candidate has been put forward a part refund may be offered.
19. Should You request a new Candidate after the Free Replacement period (of 28 days) has expired We will offer a reduction on our Fee for Introduction (if no terms in point 17 above have been breached) according to this sliding scale below. Please note, that although the Agency will endeavour to offer a Candidate after the free replacement period has expired, the Agency is not obligated to offer a Candidate after the period of 28 days free replacement period has expired. Again, the request must be made in writing/email to firstname.lastname@example.org for any of these discounts to be applied:
Short term Au Pair Placements up to 3 Months (summer au pair) no free replacement
All other Placements :
Like for like Replacement within 28 days: FREE
< 2 Months: Client charged 1/3 of Fee for Introduction (ie. 2/3’s off)
<3 Months: Client charged 2/3 of Fee for Introduction (ie. 1/3 off)
20. We require Clients engaging an au pair to respect the recommendations as described on our page ‘What is an Au Pair?‘ on our website and act accordingly.
21. According to BAPAA guidelines, it is recommended that Au Pairs ought to be paid a minimum of £80 per week Pocket Money. (Please note, that is the minimum, factors which may affect the rate of weekly pay are an Au Pair’s older age, experience, level of English, number of host children to be cared for).
22. A family hosting any live-in Candidate must ensure that she/he is provided with their own private, clean & comfortable room with window and has sufficient access to toilet & bathing facilities and sufficient food.
a. If there are surveillance cameras in the home, the Candidate and Agency must be informed in writing, either on the Client’s registration forms or on the Offer documentation given to the Candidate. It must be worded clearly. The Client is NOT permitted to use surveillance cameras in the Candidate’s private bedroom or any bathrooms and w.c.
b. Furthermore all Au Pairs must be given the opportunity to attend some hours of language (or other) course each week if they so choose.
c. The Client will ensure that the Au Pair is treated as part of the family (with dignity, respect & warmth) and is invited to share in some of the leisure activities of the Family.
d. The Client will ensure that any Candidate is given sufficient support and training during the first 4-6 weeks, with continuing support and feels welcome.
e. The Client will provide a minimum of 4 week’s paid holiday (& all/ equivalent of 8 UK bank holidays) for every 12 months (pro rata) for Au Pairs and other Candidates.
f. If the Family requires any Candidate to drive then the Client must offer the Candidate several driving lessons (Driving School or from family if sufficiently experienced) for candidates who have previously only driven a car overseas and sufficient time to practise in order for them to become confident and secure driving in the UK.
i. The Client must ensure that the vehicle to be used by any Candidate is safe and roadworthy
ii. The Client must add the Candidate as a named driver on their car insurance policy and must be comprehensively insured.
iii. The Candidate should not be liable to pay any excess charges.
iv. The Client must ensure that the correct child seat is used in the vehicle and the candidate has been given full training on how to use it.
v. The Client must ensure that they will be able to insure the Candidate before offering the position to the Candidate (through current or new insurer if necessary – shop around for the best quotes!).
vi. The Agency cannot be held responsible for any act, parking ticket, speeding ticket, accident or other involving the Candidate.
g. The benefits listed below can be offered to all Candidates to help ensure a long and successful placement and the first 3 points MUST be offered to an au pair candidate.
i. Financial contribution towards cost of Language classes (requirement of BAPAA) Minimum of £20 per month towards language school or equivalent benefit.
ii.Contribution towards flight/s home (requirement of BAPAA)
iii. Payment of a completion bonus when the au pair stays until the end of the agreed placement term equivalent to at least 1 week’s pocket money (1 week’s pay, requirement of BAPAA).
iv. Travel Card (for personal use)
v. Local gym membership
vi. Use of a car for personal use (please consider the cost and indeed viability of this vis-a-vis car insurance expense which is borne by family)
vii. Mobile phone and or top ups
23. All Candidates are entitled to a minimum of 2 weeks notice of termination of Placement/Employment, after the 1st month. However, in the event of serious misconduct by the Candidate or the Client Family, either party shall be entitled to terminate the Placement/Employment immediately. If the Candidate’s departure is as a result of misconduct on the part of the Client then the Agency has no obligation to replace the Candidate or offer any refund of fees.
a. During the first 4 weeks of the placement, the Notice period for termination of Placement/Employment will be 1 week, except for Candidates from Sweden and Denmark where it will always be 2 weeks.
24. The Client must recognise that despite having some previous experience of children, an Au Pair is not a qualified child carer. An Au Pair must not be left in regular sole charge of pre-school aged children and never in sole charge of a baby under the age of 2 years. Should you require this, you will need a Heavenly Nanny or Junior Nanny.
25. If a member of your household has a serious allergy or intolerance to something, for example peanuts, please consider carefully whether an au pair will be appropriate in the circumstances. Heavenly considers most au pairs to be unsuitable in these circumstances as au pairs are very young and inexperienced and may have no experience of food allergies/intolerances and therefore do not have the necessary understanding for the seriousness of this condition. This coupled with the unfamiliarity of British foods could lead to serious mistakes unintentionally being made. The Agency cannot be held accountable in any way should any candidate mistakenly bring a ‘banned’ food into the home/ kitchen/ meal. Any candidate which You select must be fully informed by You, prior to accepting the position, about any condition and any necessary precautions and this must be made clear and re-iterated on a regular basis if and after the candidate is engaged by You. Furthermore Most au pairs do not have any experience with anaphylaxis or epi-pens and do not wish to take on this level of responsibility. This also applies to other serious conditions, such as type 1 diabetes. An au pair cannot be relied upon to administer medicines or injections.
Pleases use, but do not rely on, apps such as ‘FoodMaestro’ which is free and available on iOS & Android. www.foodmaestro.me
26. The Agency does not accept responsibility and the Client hereby fully indemnifies Heavenly Au Pairs Ltd. for any loss, damage, expense, injury or inconvenience to the Client Family or its property resulting from the Agency’s introduction or provision of services or from any acts, omissions or conduct of Candidates introduced by the Agency, its employees, contractors or Partners to the Client. The Agency advises Clients and Candidates to purchase appropriate insurance. Clients are required to satisfy themselves as to the suitability of the Candidate. The Client accepts that their chosen Candidate is selected solely by them and that the responsibility for the success or failure of the placement rests solely between the Client and the Candidate. It is the responsibility of the Client and the Candidate, once the Candidate is engaged, to make the Placement a success. The Client agrees that Heavenly Au Pairs Ltd’s responsibility ceases immediately following the Candidate’s arrival.
27. Heavenly Au Pairs Ltd values transparency. From the time of Registration the Agency will work hard on Your behalf. Kindly inform us if you are also registered with other Agencies or exploring other ways of finding a Candidate. Thank you.
28. The Client accepts that all information and introductions of Candidates by the Agency to the Client are strictly confidential, and should the Client directly, or indirectly introduce a Candidate to any other party within a year of the Agency providing such information, then the Client will be liable to pay the Agency’s Fee for Introduction as if the Candidate had been engaged directly by the Client. The Client will be liable for Our Fee for Introduction for any Candidate engaged as a consequence of, or resulting from, a registration to the Agency even though the introduction is made indirectly.
29. Although every effort is made to ensure that any information given to a Client is correct, the Agency cannot be held responsible for any incorrect information. The Agency cannot be held responsible for any actions or inactions of the Candidate or Client and both the Client and the Candidate agree to indemnify Heavenly Au Pairs Ltd fully in respect thereto. The Client and Candidate further agree to fully indemnify Heavenly Au Pairs Ltd, its Employees and Partners for any inaccuracies or oversights relating to any information or guidance provided. Furthermore the Client and Candidate further agree to fully indemnify Heavenly Au Pairs Ltd, its Employees, contractors and Partners in relation to any guidance or advice provided by Us in relation to legal matters, taxation, employment law, health and safety and insurance. The Client and Candidate are responsible for evaluating the suitability of any guidance provided by us and are required to seek specialist advice where necessary.
30. The Client and Candidate will warrant that the information provided to the Agency at the time of Registration is correct. The Client agrees to notify the Agency of any change in circumstances or change in the Client’s requirements. Should these changes affect the Candidate, then the Client must also notify them directly.
31. By registering with Heavenly Au Pairs & Nannies You agree to be contacted by the Agency (infrequently), by email, with offers and discounts or other information which the Agency believes will be helpful to you. You may opt out at any time by replying ‘remove’ to any email.
32. By registering with Us to engage a Candidate within a childcare capacity you agree that you have the parental responsibility / legal guardianship and custody of the child/ren.
33. The Agency reserves the right update these terms and conditions from time to time.
34. The Agency reserves the right to decline to work for a client before any payments have been made or after the free replacement period has expired.
35. DATA PROCESSING
“Data Protection Legislation” means (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
35. a. The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and the Agency is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
b. The Agency shall, in relation to any Personal Data (as defined in the Data Protection Legislation) processed in connection with the performance by the Agency of its obligations under this agreement:
(i) process that Personal Data only on the written instructions of the Client for the purposes of carrying out a childcare or other candidate search in accordance with the terms of this agreement unless the Agent is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Agent to process Personal Data (Applicable Laws). Where the Agent is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Agent shall promptly notify the Client of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Agent from so notifying the Client;
(ii) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Client, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(iii) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
(iv) assist the Client in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(v) notify the Client without undue delay on becoming aware of a Personal Data breach;
(vi) at the written direction of the Client, delete or return Personal Data and copies thereof to the Client on termination of the agreement unless required by Applicable Law to store the Personal Data; and
(vii) maintain complete and accurate records and information to demonstrate its compliance with this clause.
35. c. The Client hereby consents to the Agent appointing any third-party processor of Personal Data under this agreement ( eg. for the purposes of working with partners in the UK and overseas, which are also bound by the strict Data Protection legislation, to source suitable candidates).
36. These terms and conditions are subject to the laws of England & Wales.