"THE AGENCY" REFERS TO THE CHESHIRE AGENCY. "THE CLIENT" REFERS TO A PERSON WHO ENGAGES THE AGENCY TO SEEK AN AU-PAIR FOR AN AGREED FEE

1. These terms and conditions shall in all respects apply to and govern all contracts or agreements made between the client and The Agency. The Agency acts as an Agent solely for the purpose of effecting introductions between Families and Au-Pair candidates. Any fees charged are solely for introductions.

2. The Agency shall register the client upon receipt of a duly completed Family Application Form.

3. Upon registration of the client, The Agency hereby agrees to supply to the client details of an Au-Pair.

4. If the client wishes to engage the Au-Pair, the client shall send the Placement Fee, upon receipt of which The Agency shall make arrangements for the placement of that Au-Pair. All fees are payable at the time of acceptance. A late payment surcharge of £50.00 applies to all accounts if paid after the Au-Pair has commenced engagement with the client.

5. In the event of The Agency being unable to place the Au-Pair with the client, then The Agency will supply an alternative Au-Pair or refund the said Placement Fee, whichever The Agency shall in it's absolute discretion think fit.

6. Upon confirmation that The Agency will place the Au-Pair the client hereby agrees to supply to The Agency a letter of invitation addressed to the Au-Pair.

7. In the event of an Au-Pair introduced by The Agency and engaged by the client proving unsuitable during a 28 day trial period, starting with the Au-Pair's commencement of engagement, the client must, during the trial period notify The Agency in writing stating the reasons for unsuitability and return the Au-Pair to The Agency for replacement.

8. Provided that The Agency has received written notification within the above mentioned 28 day trial period stating the reasons for unsuitability, and that the Placement Fee has been received by The Agency, in full, on or before the date of commencement of the engagement, The Agency will refund 50% of the Placement Fee or supply a replacement Au-Pair, whichever The Agency shall in it's absolute discretion think fit. Such free replacements or refunds will only be made providing the conditions specified by the Home Office regarding hours of work, free days, treatment etc., have been followed in full and that the client terminates the engagement by two weeks notice or by providing suitable accommodation for the Au-Pair for a period of 14 days from the date of termination of the engagement. If there are reasonable grounds for considering the family's treatment of the Au-Pair to be unsatisfactory, no refund or replacement will be offered. The Agency's decision will be final in this respect. Such free replacements or refunds only apply in respect of the initial Au-Pair placed with the client. The Agency will not provide an alternative Au-Pair free of charge or refund any part of the Placement Fee in respect of a replacement Au-Pair. Please note: The Agency does not provide a refund or Replacement Au-Pair for "Short Term" or "Summer Au-Pair" Placements.

9. Upon expiry of the 28 day trial period it is agreed that the engagement is satisfactory and that The Agency's obligations have been fulfilled.

10. Termination of the engagement must be by two weeks notice by either client or Au-Pair, except in the event of misconduct of either party when the other party shall be entitled to terminate the engagement with immediate effect. However the client acknowledges the client's responsibility to provide accommodation and pocket money in full for the Au-Pair for a period of 14 days in the event of termination of the engagement for whatever reason. The Agency must be notified in writing giving reasons for the termination. In the event of termination it is extremely important that The Agency can talk to the Au-Pair before s/he leaves the client's family. The Agency can at its sole discretion refuse to offer refunds or free replacement if this is not possible.

11. Although every effort is made by The Agency to ensure that Au-Pairs introduced to the client are suitable for the position offered, The Agency cannot be held responsible in any way for the character and suitability of any Au-Pair, accuracy of references, medical certificates and personal details supplied by the Au-Pair and is hereby expressly excluded from all liability whatsoever either directly or indirectly arising from the introduction of an Au-Pair. The Agency cannot obtain personal references and the client hereby acknowledges the client's responsibility to make their own enquiries and obtain a satisfactory reference

12. In the event of the client transferring or passing the names and addresses of any Au-Pair at any time to any other person, the client shall pay to The Agency the placement fee in respect of the Au-Pair as though they themselves had engaged the Au-Pair. The Placement Fee will be such sum as is from time to time payable to The Agency.

13. In the event of the client re-engaging an Au-Pair introduced by The Agency within six months of having previously declined the services of that Au-Pair; The Agency must be notified immediately of any such arrangement and the client will be liable to The Agency for payment of the Placement Fee as is charged from time to time by The Agency.

14. In the event of fees remaining unpaid for seven days of becoming payable then The Agency shall be entitled to interest at the rate of 5% above the base lending rate of Lloyds Bank plc from time to time in force on the amount of the fees for each week or part thereof that the fees remain outstanding.

15. The Agency shall not be liable under any circumstances to the client in respect of any loss, damage, cost, expense, injury or inconvenience suffered or incurred by the client arising from any act or omission, whether wilful, negligent or otherwise on the part of the Au-Pair before or after engagement by the client. In addition The Agency shall not be responsible for any breach by the Au-Pair of the agreed terms of engagement.

16. The Agency shall not be liable under any circumstances for any loss, damage, cost, expense, injury or inconvenience suffered or incurred by the client arising from or in any way connected with The Agency seeking an Au-Pair to introduce to the client.

17. Any disputes, disagreements, incidents, damages, etc. arising between the Au-Pair and the client resulting from the negotiations and/or the engagement shall be the responsibility of the client and the Au-Pair and shall be resolved between them and not the Agency.

18. In the event of the client cancelling a booking or employment of an Au-Pair, having submitted to The Agency the Placement Request form duly completed and Placement Fee, then the Placement Fee will not be returnable, unless expressly provided by this agreement and for overseas Au-Pairs any further additional expenses will be the responsibility of the client. If an Au-Pair cancels, a replacement Au-Pair will be provided at no further cost or the placement fee refunded whichever The Agency at it's absolute discretion shall think fit.

19. It is the responsibility of the client to collect the Au-Pair on arrival in this country and departure from this country. If the Au Pair is not met, s/he may be placed at another host family and no refunds or replacements will be made.

20. It is hereby expressly agreed and declared between the parties that nothing contained herein shall be constructed as a partnership or intended partnership between the client and The Agency and neither party shall have any authority to bind or commit the other in any manner whatsoever.

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