Prestige Au Pairs Terms and Conditions

** These Terms and Conditions apply to Au Pairs and Au Pair Couples and any other overseas Home Helper. The term “Applicant” is used to refer to a candidate for engagement by the Client or Family introduced by Prestige Au Pair.

** Please note.  With regard specifically to Au Pairs  - they are here as part of a cultural exchange and MUST be treated as part of the family. They help with childcare and light housework in exchange for pocket money and living as part of a family.  Living as part of the family means that the Au Pair must be provided with living accommodation and meals free of charge and must share in family tasks and leisure activities on the same basis as other family members. This means household chores must be family jobs and the Au Pair helps in their share but it is not solely left to them to do.  It means including the Au Pair in meals out, family trips and generally treating them entirely as you would a family member.  This is important to comply with the law on Au Pairs and the exemption from National Minimum Wage.  Please see links for more information.  Any Au Pair placed by Prestige Au Pairs is expected to be wholly and without exception treated in this way and any family who does not do so is in breach of Employment Laws, National Minimum Wage Laws and the Au Pair Programme as a whole and in breach of Prestige Au Pairs Terms and Conditions of placements.  Prestige Au Pairs cannot in any way be held responsible for a family not complying with this nor would support a family if an Au Pair raised any concerns or took any action against a family not complying as we place Au Pairs entirely within the ethos of the cultural exchange programme of Au Pairs and work with the understanding of the laws and programme quoted.
https://www.gov.uk/au-pairs-employment-law/au-pairs and

http://www.hmrc.gov.uk/manuals/nmwmanual/NMWM05180.htm

  1. The request by a Client to Prestige Au Pairs to supply details of applicants shall be deemed to be acceptance of Prestige Au Pair’s Terms and Conditions and acceptance of Prestige Au Pairs Privacy Policy as well as ALL guidelines on Applicant Placements.

  2. Prestige Au Pairs acts as an Agent for the purpose of effecting introductions between Clients and Applicants and the fees to the Agency are for introduction only.  Prestige Au Pairs is an Intermediary Agency and at no point and no time employ any applicants either directly or indirectly.

  3. As the process of providing these services starts as soon as the Client contacts the Agency, the Client agrees to waive their right to cancel the service within 14 days as defined under the Consumer Contracts Regulations 2013.

  4. Applicants come to the UK to improve their level of English and must therefore be given free time to pursue English classes.  They are not employees or domestic servants.  The Applicant is not at any time directly/indirectly employed by Prestige Au Pairs.

  5. Prestige Au Pairs will endeavour to introduce suitable candidates as Applicants. Although Prestige Au Pairs takes every care to check the Applicant’s details, the agency operates purely as an introductory service and it is the responsibility of the Client to be satisfied as to the suitability of the Applicant and this includes an Applicants level of English.
  6. Prestige Au Pairs fees become payable on acceptance of an Applicant.  All fees MUST be paid BEFORE flights are booked and upon acceptance of the Letter of Invitation (LOI).  They must be paid prior to the arrival of an Applicant.

  7. In the event of cancellation by, or non-arrival of the Applicant, Prestige Au Pairs will make it a priority to find a replacement.  If a family choose to not take a replacement no refund will be due although in some instances we may hold a partial credit on file for a future replacement in a sensible timeframe.

  8. If the applicant leaves the family within the first 28 days or the family decides the Applicant is not suitable within the first 28 days, then one free of charge replacement will be offered. Such free replacements will only be made if the agency is advised within the first 28 days in writing and providing the conditions specified by the Home Office regarding hours of work, treatments etc. have been followed. Free replacements must be taken up within 7 days of the offer otherwise this is not applicable. If the Client decides FOR WHATEVER REASON, not to accept the replacement or a replacement at all then no refund will be due to the Client.  If a Client finds an Applicant from an alternative source no refund will be given.  Replacements will only be made provided the Client notifies Prestige Au Pairs in writing within 5 days of termination of placement and Prestige Au Pairs invoice has been paid in full within 7 days of the invoice date.

  9. If the Applicant stays longer than 28 days from the agreed start date of the engagement, the engagement is regarded as satisfactory and Prestige Au Pairs shall have fulfilled its obligations.

  10. If the Client cancels an engagement after it has been confirmed there will be no refund of the placement fee.  However Prestige Au Pairs will in some circumstances hold a part credit on file for the placement fee for a future replacement in a sensible timeframe provided that all the conditions and terms of an Applicant Placement had been followed and no expense has been made by the Applicant.  If an Au Pair had booked flights and then the placement was cancelled the Client would be wholly responsible for reimbursement of these costs to the Au Pair.

  11. No Replacements will be provided if the following has taken place:
    • If the Applicant complains of any form of abuse, misconduct or mistreatment by the Client, their acquaintances or friends
    • On placements of between 1 and 3 months
    • If the introduction fee has not been paid in full
    • If you withhold pocket money from the Applicant or stop them using amenities they are entitled to use
    • If the Applicant asks to leave because you have asked them to complete activities they had not agreed to prior to arrival, not paid for or not requested in the application
    • If hours the Applicant is requested to work are radically different to those agreed in the Offer Letter
    • If 2 full free days a week have not been honoured

    • If the accommodation or living conditions are not of satisfactory standard.
  12. Prestige Au Pairs cannot be held responsible should the Applicant stay for a shorter period than agreed with the Client and no money refunds will be given.
  13. Once the Applicant has arrived to stay in the family, it shall be agreed that termination must be by two weeks notice by either party. In the event of serious misconduct by one of the parties, the other party shall be entitled to terminate the agreement with immediate effect but the Client shall be responsible for providing appropriate accommodation for a period of four days from the date of termination.   This has to be provided as this is a young person in a foreign country and often no link or safety net in the UK.

  14. If an Applicant complains of any form of abuse or mistreatment and leave a family immediately as a result, you will be liable for any costs they incur in getting home safely.  This may be flight amendments, language school costs or emergency overnight accommodation.

  15. Prestige Au Pairs pledge is to do everything possible to ensure the best service for our clients.  However, Prestige Au Pairs cannot under any circumstances accept responsibility for the acts or omission of the Applicants introduced by us nor for any loss, expense or damages which might arise for any reason whatsoever.

  16. Prestige Au Pairs does not accept responsibility for any loss, damage, expense or injury arising directly or indirectly by persons introduced by the Agency. The Agency advises both the au pair and the host family to take out appropriate insurance. Under no circumstances should the candidate’s pocket money be forcibly withheld or reduced to cover the cost of any accidental loss or damage. Neither the candidate not the candidate’s parents are to be asked to pay for accidental damage to any property, possessions or vehicle driven by the candidate at the request of or with the permission of the Client.  Furthermore, The Agency shall not be responsible or liable for any breach by the candidate of the terms of engagement or for any other act or omission whether willful, negligent or otherwise.

  17. Au Pairs must be paid a minimum of £85 per week pocket money for 25 hours and £100 a week for 30 hours.  30 hours a week is the maximum hours we accept for Au Pairs.  Please remember the pocket money amounts are minimums.  Other Applicants money will be discussed and agreed on application form and subsequently in the Letter of Invitation (LOI).

  18. Au Pair placements are a cultural exchange and we expect all families to contribute a minimum of £25 a week towards language classes on top of pocket money.

  19. Hours must not exceed those agreed in the LOI.  1 night a week babysitting is included in the placement.  Babysitting must never be on a free day as otherwise it's not a genuine free day if the Au Pair is expected to come home to babysit.  Please also note that babysitting hours cannot and must not be "exchanged" for hours in the daytime in lieu of babysitting!

  20. Upon arrival in a family we expect the family to sort within 3 days a Sim Card for the Au Pair with start up amount on it; a language class (if required); help logging on to the Au Pair Friends (APF) networking website and E2M App we send the Au Pairs in our welcome pack, We expect all families to take time off when the Au Pairs arrive to settle them and this must be a minimum of 2 days.  An Au Pair is in a new country and new area and not speaking their native language and time must be taken to help them.  Think of this Au Pair in the way you would treat your best friend's son or daughter then you are on the way.

  21. On a long term placement (6+ months) all families must pay a placement completion bonus of 1 week's pocket money at the end of the placement.  Families should also consider (although not compulsory) paying a return flight for the au pair at some point during the placement.   Christmas is a good time to do this for a September start or Easter on a January start.

  22. The Family should allow their Applicant to take 28 days paid holiday per year, including Public (bank) Holidays, allowing the Applicant to go home to visit their family if they wish. For placements less than a year, this should be calculated on a pro-rata basis of 1.66 days per month. When the holidays are to be taken should be agreed by discussion between the Family and the Applicant and they should continue to receive Pocket Money during their holidays.

  23. All information provided to Clients is confidential. Clients directly or indirectly transferring information supplied by the Agency and resulting in the engagement of an Applicant by a third party will be liable to pay the full fee for that engagement.

  24. If a driving Applicant is requested and supplied, Prestige Au Pairs will endeavour to find such an applicant and will ensure they have a current driving licence for their country.  Prestige Au Pairs CANNOT IN ANY CIRCUMSTANCES be held responsible or accountable for an Applicants driving ability.  Furthermore, we STRONGLY advise you organise an independent assessment and professional lessons for the Applicant – before they are allowed out on their own.  An Applicant who holds a full licence and fails to meet the standards expected by a family will not constitute a reason for placement refund or replacement.  You MUST take out fully comprehensive insurance for a driving Applicant as neither the Applicant nor Prestige Au Pairs can be held responsible for any costs incurred due to an accident in ANY circumstances.  It is a host family’s responsibility to ensure the Applicant is fully and comprehensively insured to drive the family car.  This can be expensive so please be aware of costs BEFORE requesting a driving candidate.  Driving candidates can be supplied aged 18+  but we do NOT accept age restrictions imposed by families looking for a driver.  If you need a driver then be aware costs for insurance are high and if unacceptable do not request a driver in the first instance.

  25. Applicants should have at least two full free days per week. These should be the weekends and no babysitting should be asked for on those free days.  If you cannot give all weekends free please speak to us before submitting the paperwork.

  26. If the Applicant is ill the Host Family will continue to provide them with accommodation and food until such time as other arrangements can be made for their care or until they are well enough to continue with their duties.

  27. Au Pairs must not have sole charge of an Under 2.

  28. Applicants should be allowed to live as one of the family (not as hired help) and should be given the opportunity to participate in family life. They must have their own private room within the residence, such room to have adequate heating and studying facilities.  The Applicant must be given complete privacy in their room.

  29. Please be aware that registration is free with Prestige Au Pairs but once we have discussed your placement and you have asked us to actively search for an Applicant – if you decide to cancel the search we reserve the right to charge a £150 admin fee to cover our time and associated costs.  Please also note that if you significantly change the parameters of a role once we have discussed it initially (length of stay, type of Au Pair etc) then we reserve the right to charge the search admin fee for the initial search before starting the new search to cover our associated time and effort and a new fee would become payable for a new search.

  30. The family accepts that they are responsible for complying with any relevant statutory Employment Regulations associated with the engagement of the Applicant. For some of the Applicant types this could make them an ‘Employer’ and the family accepts that they are responsible for understanding and meeting any requirements of an Employer under Employment Regulations.

  31. It is up to a family (in order to comply with Employment Regulations) to ensure that they pay Tax and NI for an applicant where appropriate. http://www.nannytax.co.uk and http://www.way2paye.co.uk can assist in all tax and NI matters. We are not accountants so please check your own independent sources for information on Tax and NI as we do not and will not accept responsibility for any tax or NI issues that arise before, during or after a placement.  Rates, allowances and responsibilities for all and every aspect of tax and employment law falls under the responsibility of the client and host family.
  32. Submission of an application form to Prestige Au Pairs constitutes agreement to the above terms and conditions.  Furthermore, submission of an application form by either post or email constitutes acceptance of our Terms and Conditions of Business and also of our Privacy Policy.  Families are aware that in order to fulfil our obligations as an Au Pair Agency it is necessary to work with agencies in Europe and for them to see and be privy to the information offered on an application form.  This of course contains full personal details etc of a family.

  33. As the process of providing these services starts as soon as the Client contacts the Agency, the Client agrees to waive their right to cancel the service within 14 days as defined under the Consumer Contracts Regulations 2013.

  34. Placement Fees
    • Summer Au Pair (1 - 3 months) £185.00
    • Au Pair (3 - 5 Months) £295.00
    • Au Pair (over 5 Months) £495.00
    • Au Pair Couple £895.00
    • PLEASE NOTE - We require an additional 50 fee on top of these charges if you require a driving Au Pair.


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