Terms and conditions

1. Definitions and interpretation

1.1 Definitions

In these Terms and Conditions, unless the context suggests otherwise, the following terms have the following meanings:

Application Form

A form submitted by You requesting the Au Pair Introduction Services You wish to acquire.

Au Pair

A Candidate We introduce to You that is offered a Placement with, or is hosted by, You in Your home.

Au Pair Introduction Services

The services We provide by introducing Candidates to You and other families that are interested in hosting an Au Pair or having an Au Pair Placed with them.

Candidate

A potential Au Pair introduced by Us to You pursuant to these Terms and Conditions.

Demi-Pair

An Au Pair who is also a student studying in Australia and who is engaged as a Demi-Pair.

GST

Goods and services tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Placement

The hosting, employment or engagement of an Au Pair, and the terms “Place” or “Placed” have a corresponding meaning.

Short Term Au Pair

An Au Pair who accepts a Placement of three months or less.

Tax Invoice

A Tax Invoice within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Terms and Conditions

These terms and conditions together with Our Schedule of Fees and Charges located at perfectaupairs.com.au/fees.

We, Us, Our, Perfect Au Pairs and Agency

Perfect Au Pairs ACN 633 555 923.

You

The person or people who engage Us to identify Candidates on their behalf.

1.2 Interpretation

In these Terms and Conditions, unless the context suggests otherwise:

• a reference to another instrument includes any variation or replacement of it;
• a reference to a statute, ordinance, code or other law includes regulations and other instruments under it, and consolidations, amendments, re-enactments or replacements of any of them;
• the singular includes the plural and vice versa;
• the word “person” includes a firm, a body corporate, an unincorporated association or an authority;
• a reference to a person includes a reference to the person's executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and assigns;
• if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day; and
• a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.

2. About Perfect Au Pairs

2.1 The au pair programme is a cultural exchange programme designed to enable au pairs to discover Australian culture and improve their spoken English by living with, and being treated as a member of, an Australian host family.

2.2 Perfect Au Pairs is an introduction agent that provides Au Pair Introduction Services. Perfect Au Pairs does not directly or indirectly employ Candidates or Au Pairs.

2.3 Au Pairs are expected to undertake chores involving childcare and light housework. In exchange, host families provide Au Pairs with suitable accommodation (comprising a private bedroom), full board and pocket money. Au Pairs are not ordinarily intended to be employees, housekeepers or nannies. Where this is the case, the obligations and duties undertaken by Au Pairs must reflect this intention. Au Pairs may, however, be employed by You, in which case You must offer minimum terms and conditions of employment that comply with Australian employment and taxation laws. This will involve agreeing with the Au Pair on hours of work, rates of pay and the specific duties to be performed during working hours.

2.4 If You decide that it is appropriate to employ Your Au Pair, Perfect Au Pairs does not offer payroll services, but can introduce You to payroll and other service providers who can assist You to meet Your minimum statutory obligations.

3. How to obtain Our Au Pair Introduction Services

3.1 You may submit a request to obtain Au Pair Introduction Services by submitting an Application Form. By submitting an Application Form, You agree to and accept the Terms and Conditions. If You do not agree to the Terms and Conditions, You may not submit an Application Form.

3.2 By submitting an Application Form, You warrant that the information You provide at the time of application is correct, that You will advise Us if any information in Your Application Form changes, and that You will at all times behave in a responsible, reasonable and caring manner towards any Au Pair Placed with You.

3.3 Requests to receive Au Pair Introduction Services are offers to acquire Au Pair Introduction Services in accordance with the Terms and Conditions. When We accept a request to provide You with Au Pair Introduction Services, We will send You an Email Confirmation setting out details of the Au Pair Introduction Services to be provided. Receipt of the Email Confirmation represents an agreement by Us to supply the Au Pair Introduction Services specified in it, in accordance with the Email Confirmation and these Terms and Conditions.

3.4 To the extent permitted by law, We reserve the right to accept or reject any request to receive Au Pair Introduction Services for any reason (or no reason) at any time, including without limitation because of an error in a price or fee specified by Us, an error in Your Application Form, or the discontinuance of a promotion.

3.5 If We reject a request to provide You with Au Pair Introduction Services, We will notify You of that rejection and the reason for it.

3.6 We will not be liable to You for any loss of any kind (including without limitation any consequential, direct or indirect loss), or that of any third party, arising from the rejection of Your request to receive Au Pair Introduction Services.

3.7 These Terms and Conditions may be varied by Us from time to time in Our sole discretion. By submitting an Application Form at any time, You acknowledge that You have read, understood and agreed to be bound by the Terms and Conditions in use at that time.

3.8 All adults aged 18 or over in Your household must provide a current national police check, dated no more than 12 months before the date it is provided to Us. You must provide these checks prior to the Au Pair's arrival and must notify Us immediately if any police check result changes during a Placement.

4. Our responsibilities

4.1 We undertake that We will:

1. take reasonable steps to ensure We only forward to You details of a Candidate where We have their permission to do so;
2. take reasonable steps to present only Candidates who, in Our opinion, are potentially suitable for Placement with You;
3. take reasonable steps to validate relevant information collected from Our Candidates, and alert You to any aspects of a Candidate's information We have not been able to satisfy ourselves are substantially accurate, complete or up to date;
4. arrange interviews between You and selected Candidates; and
5. subject to negotiating fees and charges, carry out services and tasks as are specifically agreed with You in writing.

5. Your responsibilities

5.1 By submitting an Application Form or offering a Candidate a Placement, You agree that You will:

1. notify Us and any Candidate accepted for Placement by You of any material change in Your circumstances or the circumstances of Your family. A material change may include, but is not limited to, changes to Your family's working hours, number of children, separation, divorce, and the facilities to be offered during the Placement;
2. not share or provide the details of any Candidate to any other person or entity without Our written permission;
3. provide complete, accurate and up to date information when dealing with Us and Our Candidates;
4. notify Us immediately of: (i) the outcome of any interview between You and a Candidate; and (ii) any offer (or acceptance of any offer) in relation to a Placement of any Candidate with You, or a person on whose behalf or for whose benefit You may be acting, or to whom You have communicated any personal information about a Candidate;
5. pay the Placement Fee in accordance with these Terms and Conditions;
6. be responsible for determining whether Candidates are suitable to be Placed with You;
7. comply with all laws in relation to hosting an Au Pair or any Placement, including without limitation laws relating to taxation and employment;
8. verify that Your Au Pair obtains an appropriate Working With Children Check in the State where You reside;
9. verify that Your Au Pair has obtained Working With Children approval before You allow Your Au Pair to undertake any childcare responsibilities;
10. take out and maintain all necessary insurances in relation to Your Au Pair and the Placement, including adequate motor vehicle insurance prior to allowing or requiring the Au Pair to drive any motor vehicle owned or operated by You;
11. before allowing or asking an Au Pair to drive or operate any motor vehicle owned or operated by You, provide the Au Pair with two (2) driving lessons with a qualified professional driving instructor to ensure the Au Pair is competent to drive in Australia. For the avoidance of doubt, We will not be responsible for any loss or damage of any kind, on any basis (including negligence), arising directly or indirectly as a result of an Au Pair driving a motor vehicle or being unable to drive a motor vehicle;
12. comply with the policies and guidelines of Perfect Au Pairs about which You are notified from time to time, including without limitation Our “Information for Families” document; and
13. arrange and pay for the costs of Your Au Pair travelling between their point of entry and/or exit to Australia and Your home at the beginning and end of any Placement.

6. Your relationship with Au Pairs Placed with You

6.1 Au Pairs are young people who live with an Australian family to learn about the English language and Australian culture. Ordinarily, Au Pairs Placed with Families by Us are not intended to be employees. In some cases it may be appropriate for Families to employ the Au Pair. In all cases:

1. Au Pairs should be treated as family members and given the choice to be included in family activities;
2. Au Pairs must be given their own bedroom and offered full board; and
3. it is appropriate to specify and agree with the Au Pair house rules that Your family members, and the Au Pair, are expected to follow.

7. Placement fees

7.1 We act as an agent solely to effect introductions between You and Candidates. Save as provided by these Terms and Conditions, We do not provide any guarantees with respect to Placements made by Us. A Placement Fee becomes payable by You upon You offering, and a Candidate verbally accepting, a Placement with You of any kind within 12 months of Us first introducing that Candidate to You. This Placement Fee is non-refundable and remains payable in full if You cancel the Placement prior to its commencement, or if the Placement ends before its expected end date, for any reason.

7.2 Different Placement Fees are charged for Short Term Au Pair Placements and longer Au Pair Placements. An additional Placement Fee may become payable where You and an Au Pair agree to extend the length of their Placement, provided the maximum aggregate Placement Fees payable will be the Placement Fee that would be payable for a six-month Placement.

7.3 Placement Fees will also be payable by You for any Candidate Placed with, employed by, or engaged by a third party within 12 months of Us first introducing that Candidate to You, where You have shared information about that Candidate with a third party and it has led to the Candidate's Placement.

7.4 All fees and charges quoted by Us are exclusive of GST. GST at the prevailing rate will be added to Our tax invoice.

7.5 A tax invoice will be issued upon Us receiving verbal confirmation that a Candidate has accepted an offer of Placement from You. You must pay the Placement Fee plus any GST within 3 days of receipt of the Tax Invoice.

7.6 If the Placement Fee is not paid by the nominated date, We may, at Our option:

1. charge You interest at 10% per annum on any outstanding amount that remains unpaid for more than 10 days from the due date; or
2. terminate the Placement and/or these Terms and Conditions and cease providing Au Pair Introduction Services to You.

7.7 We reserve the right to place Candidates with alternative families if Our Placement Fees are not paid by their due date.

8. Replacements and refunds

8.1 If the Au Pair:

1. fails to commence the Placement;
2. performs unsatisfactorily and the Placement is terminated for that reason within 21 days of commencement; or
3. terminates the Placement within 21 days of commencement,

then, subject to clauses 8.2 and 8.3, We will use Our best endeavours to present a replacement Candidate at no extra charge.

8.2 Our obligations under clause 8.1 arise if and only if:

1. the Au Pair to be replaced was not itself a replacement Candidate Placed under clause 8.1;
2. the Au Pair was not a Short Term Au Pair or Demi-Pair (no replacements are offered for Short Term Au Pair or Demi-Pair Placements);
3. You have paid Our Placement Fees for that Placement by its due date;
4. You notify Us immediately of any circumstance that may require Us to perform Our obligations under this clause 8;
5. You notify Us in writing of the termination three days prior to it, or where this is not possible, immediately following it, stating the date and reason(s) for termination;
6. You have made a reasonable attempt to welcome and orient the Au Pair to Your home, including providing (and seeking to agree) a schedule and list of expected duties and/or house rules; and
7. the termination is not due to: (i) the Au Pair's English language skills; (ii) the Au Pair's driving skills; (iii) any false or misleading representation made to the Au Pair in connection with the Placement; (iv) protecting the health and safety of the Au Pair; (v) any action on Your part that might make the termination unlawful or unreasonable; (vi) Your unreasonable or inappropriate conduct, or that of a member of Your family, household or guest; or (vii) any breach by You of these Terms and Conditions or Your agreement with the Au Pair, including failing to pay the Au Pair as agreed or requiring duties not otherwise agreed.

8.3 Where We agree to use Our best endeavours to present a replacement Candidate, We do not guarantee that:

1. a replacement Candidate will be available for immediate Placement;
2. a replacement Candidate will be available for the same period as the original Au Pair; or
3. a replacement Candidate will be of the same or any particular nationality.

9. Early termination of Placement

9.1 A Placement may be terminated by an Au Pair or Us prior to its expected end date if:

1. You have made any false or misleading representation to the Au Pair or Us in connection with the Placement;
2. it is reasonably necessary to protect the health and safety of the Au Pair;
3. You, or a member of Your family, household or guest, has engaged in unreasonable or inappropriate conduct towards the Au Pair; or
4. You have breached the terms of any agreement with the Au Pair, or these Terms and Conditions.

9.2 A Placement may be terminated:

1. by You or the Au Pair prior to the expected end date, on two weeks' notice; or
2. by You prior to the expected end date without two weeks' notice, by paying for the Au Pair's accommodation and meal costs for a two-week period.

9.3 A Placement may be terminated by You with immediate effect if the Au Pair:

1. commits an act of dishonesty;
2. commits an act or omission that seriously damages Your trust and confidence in the Au Pair;
3. commits a serious breach of any employment contract with You; or
4. commits any act or omission that would entitle You to dismiss the Au Pair from their employment without notice at common law,

provided that You advise Us of the termination three days before advising Your Au Pair, or where this is not possible, immediately after advising the Au Pair.

9.4 If a Placement is terminated under clause 9.1 or 9.2, You must pay the Au Pair's relocation costs to return them to their place of exit from Australia, or, at their option, to relocate to a new host family. Relocation costs include accommodation and meal costs reasonably incurred prior to relocation or return.

9.5 If a Placement is terminated under clause 9.1, You must also pay for the Au Pair's accommodation, pocket money (or wages if the Au Pair is an employee) and meal costs for a two-week period.

10. Confidential information

10.1 You agree that You will not, without Our prior written consent, directly or indirectly:

1. disclose or publish, or permit the disclosure or publication of, any Confidential Information to any person; or
2. use, or permit the use of, any Confidential Information,

other than: (c) as necessary to give effect to these Terms and Conditions; (d) as required by a law of Australia; (e) by way of disclosure to professional advisers for the sole purpose of seeking advice; or (f) where the information has become available in the public domain other than by a breach of these Terms and Conditions.

10.2 “Confidential Information” means any information of a confidential nature (whether provided verbally, or by document or other material in human- or machine-readable form) which relates to Us and Our Candidates, and includes: (a) information regarding the identity of, or relating to, a Candidate; (b) information marked as confidential by Us; and (c) information which You know, or ought to know, is confidential.

10.3 You agree to take all necessary steps to ensure that all members of Your family, and any professional advisers You consult, are made aware of and comply with the confidentiality obligations in these Terms and Conditions.

11. Warranties, liability and indemnities

11.1 Warranties

You warrant that:

1. You have read and understood these Terms and Conditions and agree to comply with them at all times;
2. You have not been induced to agree to these Terms and Conditions by any promise, representation, warranty or guarantee other than as expressly stated in them;
3. You have been given the opportunity to take legal advice on these Terms and Conditions, on the terms on which You may offer a Placement to a Candidate, and on Your obligations in respect of any Placement, including under employment and taxation legislation;
4. You have the power and authority to perform Your obligations under these Terms and Conditions and have taken all necessary action to authorise Your agreement to them;
5. You have complied with all laws; and
6. You have obtained all third-party approvals necessary to perform Your obligations under these Terms and Conditions.

11.2 Liability

1. We make no representation or guarantee that We will be able to successfully Place a Candidate with You.
2. To the extent permitted by law, We limit Our liability in respect of any claim, liability, demand or suit to, at Our option: (i) the supply of the Au Pair Introduction Services again; or (ii) the cost of having the Au Pair Introduction Services supplied again.
3. We will not be liable to You in contract, tort, negligence, breach of statutory duty or otherwise for any indirect or consequential loss, damage, costs or expenses, including economic loss or loss of turnover, profits, business or goodwill, except to the extent such liability cannot be excluded under the Australian Consumer Law or other applicable legislation.

11.3 Indemnities

You indemnify Us and Our directors, employees, contractors and agents, and will keep Us and them indemnified, against all actions, costs, charges, claims and demands in respect of:

1. any breach of these Terms and Conditions by You, including the enforcement or attempted enforcement of them; and
2. any act or omission by You, a member of Your family, Your guests, or Your employees, contractors, workers or agents, including without limitation any breach of employment or taxation laws, and any act or omission causing, directly or indirectly, claims or demands in respect of damage or losses suffered by an Au Pair or another party as a result of, or during, any Placement of an Au Pair with You or offered by You.

12. Dispute resolution

12.1 If a dispute arises out of or in connection with these Terms and Conditions, the parties must first attempt in good faith to resolve the dispute through direct negotiation between senior representatives within 14 days of written notice of the dispute. If the dispute is not resolved within that period, either party may refer the matter to mediation before a mediator agreed between the parties (or, failing agreement, appointed by the Resolution Institute) before commencing court proceedings, except where a party seeks urgent injunctive relief.

13. Survival

13.1 The obligations in clauses 7 (Placement Fees), 9 (Early Termination of Placement), 10 (Confidential Information), 11 (Warranties, Liability and Indemnities) and 12 (Dispute Resolution) survive termination or expiry of these Terms and Conditions.

14. Miscellaneous

14.1 You may not assign or purport to assign any of Your rights under these Terms and Conditions without Our prior written consent.

14.2 These Terms and Conditions are governed by, and construed in accordance with, the laws of New South Wales, and the parties submit to the jurisdiction of the courts of that State.

14.3 Failure or delay by either party in enforcing or requiring strict or timely compliance with any provision of these Terms and Conditions will not affect or impair that provision, or that party's rights to any remedies in respect of any breach of it.

14.4 These Terms and Conditions form the entire agreement between the parties on the matters dealt with in them, and supersede all prior representations, arrangements, agreements, understandings and negotiations in respect of those matters.