Terms & Conditions
Please ensure that you have thoroughly read through our Terms and Conditions prior to paying your Annual Membership with MAP Australia. Once your Annual Membership Fee has been paid, you then agree to the Terms and Conditions of MAP Australia as outlined below.
This is to be done prior to accessing our information and beginning your searches. Once you are a member of MAP Australia and seeking an Au Pair for your family, you will be emailed a family handbook sample that we have prepared to guide you through the Au Pair Placement. Please remember to ask a member of the 'Au Pair Team' to send this over to you.
MAP Australia (MAP)
(My Au Pair & Nannies– Australia)
TERMS AND CONDITIONS:
I/We understand that by applying to become a host family with My Au Pair – Australia, we accept these terms.
Map Australia is a service whereby we find and place au pairs with host families throughout AUSTRALIA, we do not hire any staff directly we are a placement Agency ONLY.
We are 100% Australian owned and operated.
MAP agrees to search and place au pair candidates for the Host Families for any placements up to a 12 months’ duration - as guided by the Australian Immigration Department and in line with specific Visa requirements of the candidate.
My Au Pair agrees to provide reasonable ongoing support for the duration of the placement for both the host families and the au pairs. The Host Family confirms that all information supplied to My Au Pair is honest, correct and complete. The host family has provided this information and consents that we will use it within our own interest and respect your right for privacy. My Au Pair’s host families all undergo a reference check and we also reserve the right to complete a police check should we require.
My Au Pair will start the Host Family’s search after either a family in house meeting or an extended Skype session. Once this initial point of contact has been made a payment of the non-refundable membership fee is to be made prior to any searches or activity beginning on their behalf. My Au Pair will then send the host family suitable Candidate Application packages and will also send the Candidates the suitable family packages in order to make a perfect match and for the parties to choose whom to interview. If we are unable to provide suitable candidates at the initial stages of the process we will send them as soon as they have passed the Candidates Program Interviews and will then allow the host family to choose to interview some or all of these said introduced candidates. My Au Pair will endeavour to work hard and efficiently to ensure that the candidates we choose to send to each family are well suited and appropriately chosen in accordance to the specific profiles.
The My Au Pair Role
When the host family has chosen their au pair they will then discuss pay, hours and terms directly with them. My Au Pair Australia is affiliated with ‘Domestic Payroll’ who can advise the host family as to what is expected of them in relation to employment, superannuation, hours and leave.
The Host Family agrees to provide the au pair with:
A chance to learn the Australian culture whilst being treated as a member of the family and taking part of everyday life.
A family handbook on household duties inclusive of continual support, understanding and training along the way
Free board and accommodation in a private and fully furnished room.
Pocket money to be received weekly which is determined by the level of experience of the au pair and can be guided by our partners at ‘Domestic Payroll’
To ensure that the au pair has 2 free days per calendar week and not work over 10 hours per day.
A completion bonus should be paid to the au pair upon successful completion of their contract. This should be a minimum of one week pocket money as a guideline.
The host family agrees, if necessary to provide transport to and from the nearest arrival airport or station in order to complete orientation at the family home.
Should the host family require their au pair to drive the family vehicle either on or off duty it is expected for the family to ensure that they have the appropriate insurance with them as a named driver on the vehicle in question. It is also the responsibility of the Host Family to ensure that the au pair is legally allowed to drive with the appropriate license. It is also expected the host family to asses the confidence and ability of the au pairs driving prior to allowing them drive their vehicle.
Should the au pair be involved in any incident where there is an insurance claim then it is expected for the host family to be responsible for any excess relating to any insurance claims. This is inclusive of any fines that may be accrued whilst the candidate is driving their vehicle. It is the host families responsibilty to ensure that they have a clear agreement between each other should a speeding/parking or traffic violation be placed on the candidate whilst using their vehcile. My Au Pair takes no responsibility in these fines.
Hours of work and expected duties of the au pair
The au pair is responsible for the care of the children inclusive of light housework. Therefore the host family must ensure that their role and responsibilities are clearly discussed prior to engaging in the relationship. It is advised that the host family create a family manual to guide the au pair across him/her duties and what is expected of them. The au pair is allocated certain times to be ‘on duty’ and this should not exceed 10 hours per day or 40 hours per week. The host family is to pay their au pair extra for any extra hours worked over their discussed and agreed upon schedule.
The host family must ensure that the au pair they hire has their own private health insurance or are on the reciprocal Medicare scheme, if eligible. If in any instance the au pair becomes unfit to perform normal duties due to sickness they are to be paid accordingly and reasonably as per your family contract with your Au Pair. As you are a member with My Au Pair we can also make arrangements for you to hire a replacement candidate from our agency inclusive of our placement fees to assist your family whilst your candidate is unable to work.
It is recommended that the host family ensures the au pair that they choose have their return airfare back to their home country booked and paid for. It is also recommended that the host family ensure that the au pair has enough money saved for emergency situations.
Visa and Immigration
My Au Pair – Australia will only accept candidates with the appropriate visas for entry and residency within Australia. Working Holiday visa & Work and Holiday Visa holders along with Student visas are accepted as sufficient visas to be accepted by My Au Pair. Tourist Visa holders may take a role as a Demi Au paur which is not paid, and purely covers their board and food.
Confirmation of your placement
The Host Family understands and agrees that the au pair is not an employee/agent of My Au Pair or the Au Pair Program. In Australia, there is no generally applicable or acceptable legal definition of an au pair. There is no intention to create a contractual or legal relationship between the Host Family and the Au Pair. The My Au Pair placement form is designed to acknowledge that the au pair is not an employee; does not have and does not intend to have a contract with the Host Family or My Au Pair, it is merely stating the agreed terms so that everything is clear with both the host family and the au pair upon placement. The Au Pair’s motivations are to take part in an Au Pair Cultural Exchange Program to experience family life in Australia. Every au pair must apply for the appropriate Working With Children’s check in the State where the host family is residing, we will assist the candidates to complete these checks and it is the host family responsibility to ensure that this is followed up prior to starting their role with you. The host family is required by law to verify the application of their au pair, prior to her being given childcare responsibilities. My Au Pair recommneds that the host family checks that their candidate either has a local police check from their country or a local Australian police check prior to starting work within their family. It is the responsibility of the family to ensure that the candidates driving license is valid prior to using the vehicle for work or personal use and that their travel ID and documents are also valid prior to travelling with the family.
The placement fee as discussed on our website, or in previous communications with My Au Pair, is due once the candidate has been chosen and the placement form been signed prior to their move in date within the family. My Au Pair will e-mail you’re your placement fee invoice and payment is to be paid immediately to My Au Pair in order for the candidate chosen to move into their position as Au Pair for the family. Should the placement fee not be paid prior to the Au Pairs arrival the Agency will not place the Au Pair with the family and make alternative arrangements for the candidate to interview with other families.
Travel without your au pair
You must state any intended holidays to your au pair along with being written in your contract and you will also be advised to pay 50% of the weekly pocket money should you go away without your au pair, with no notice given to the Agency.
Problem resolution and replacement
There is no warranty as to the satisfaction or the compatibility of any candidate as an Au Pair for your Host Family, the period of proabation and replacement is 3 weeks ONLY. My Au Pair will make reasonable attempts to resolve difficulties, however, if My Au Pair determines that the placement cannot continue, we aim to facilitate one replacement ONLY!
The 12 month membership with My Au Pair is non-refundable. However all placement fees are refundable if the relationship is not a good fit or either part breaks the contract within the first 3 weeks. Should we need to replace the candidate/family within this time we will do so otherwise a refund of placement fees will be given ,less the administration fees of $250 + GST.
The Host Family is required to give 2 weeks’ notice in the event they decide to terminate the placement. During this rematch period the host family is required to provide free board and accommodation to the au pair. Asking your au pair to leave without required notice will result in forfeiture of replacement. Costs incurred by the au pair or by the Agency on the au pair's behalf will be charged to the Host Family (For example, but not limited to, accommodation and transport) In the event of a candidate needing to leave during the guarantee period, either for personal reasons or due to unsuitability, the Host Family must notify My Au Pair in writing immediately stating the reasons. Unsatisfactory levels of English are not regarded as reasonable grounds for a free replacement and should be assessed during interview.
My Au Pair cannot guarantee that a candidate is available for immediate replacement; due to seasonal shortages, a delayed start date may be encountered.
A replacement is offered on a like-for-like basis. Replacements are subject to punctual payment of full Fee. If My Au Pair determines that the discontinuation of the placement is due to the host family’s failure to abide by these terms, or the Program Guidelines or, if there is a material deviation from the role agreed with My Au Pair, the replacement guarantee becomes void. No refunds are payable. Upon expiry of the guarantee period it is agreed that the engagement is satisfactory. If the candidate leaves after the guarantee period, agency fees apply for further placements.
In the unlikely event that the au pair decides to cancel after initial acceptance, My Au Pair will try to find a replacement as per replacement guarantee. If the Host Family decides to cancel after the au pair has accepted, the placement fee still applies.
Release of Claims Against My Au Pair and the Au Pair Program
The Host Family and the Au Pair unconditionally releases My Au Pair from any claims for damage, injury, loss or expense of any sort incurred in connection with hosting an au pair/becoming an au pair. This release includes, but is not limited to, liability for any intentional or negligent acts or omissions by the au pair, agents acting on behalf of My Au Pair or members of the team of My Au Pair.
This application shall be governed by the laws of Australia and any disputes arising under this Application that cannot be settled amicably shall be brought before the courts sitting in the State of New South Wales, Australia.
I/We understand that this is a legally binding contract and by agreeing to these terms, we acknowledge that we have read and understand the provisions of this contract and agree to abide by these terms.
Fees & terms are subject to change without prior notice.
Nanny/Babysitting - Terms and Conditions
If you have any queries or questions regarding the terms and conditions please do not hesitate to contact us on email@example.com.
1.1 These terms and conditions shall represent a legally binding contract between the client or employer (the "Client") and My Au Pair - Australia (the "Agency"). The verbal or written instruction by the Client to the Agency to submit suitable Candidates for contact or interview shall constitute acceptance by the Client of these terms and conditions. The term "Candidate" means a person introduced to the Client by the Agency. The term replacement means a Candidate that has been introduced to the Client to replace a previously unsuitable Candidate.
2.1 Fees are payable by the Client on the acceptance, either verbally or in writing, by a Candidate of a position with the Client. It is the responsibility of the Client to notify the Agency if a Candidate has been offered employment. Fees, at the current rate of the Agency's schedule of fees, are payable 24 hours prior to engaging the services of My Au Pair – Australia’s casual candidate service. The Agency reserves the right to charge the Client a twenty five (25) percent surcharge on all accounts not settled within this period.
2.2 Permanent Placement fees are due when the candidate starts working in the family. There is a 3 week probation period, should this candidate not be suitable and vice versa. Should these fees not be paid on time My Au Pair reserves the right to issue a penalty of $25/week for overdue accounts.
2.3 Fees are due in respect of each Candidate taking up a position with the Client or as otherwise set out herein. If a Candidate returns to a Client at a future date or if a temporary or part-time engagement is extended then the appropriate additional fee shall become payable. In the case of a Candidate returning to a Client, this fee shall be the current full fee chargeable by the Agency for the relevant position, and in the case of a temporary or part-time engagement being extended, the fee shall be the difference between the fee actually charged and the fee that would have been charged if the Candidate had been engaged for the whole period. The Client agrees to notify the Agency of a re-engagement or extension of a temporary engagement.
2.4 In the case of temporary positions and unless otherwise agreed the relevant fee is based on the number of weeks initially requested. No refund or reduction from the Agency's current rate will be given if the number of weeks is subsequently reduced. If the temporary period is subsequently extended, then paragraph 2.3 above shall apply.
3.0 Confidential Information
3.1 All communication, whether written or oral and however communicated, shall be confidential between the parties. Should the Client pass on any information including, inter alia, details of Candidates, or recommend a Candidate to a third party resulting in a booking of permanent temporary or part time childcare employment then the Client will be liable for the relevant full fee as if the booking had been made by the Client itself and these terms and conditions shall apply accordingly.
4.0 Introduction by Third Parties
4.1 It is the obligation of the Client to immediately inform the Agency when a Candidate is introduced by the Agency who has already been introduced by a third party. If the Client does not so inform the Agency then it will be presumed that the introduction has been effected by the Agency and the relevant fee will become payable.
5.1 The Agency to the best of our ability will refer candidates to the client that have been selected, screened and match any specific Client requirements. However the final decision to employ a Candidate is the sole responsibility of the Client and the Agency does not accept any liability for any kind of inconvenience, loss or damage howsoever arising and whether caused directly or indirectly from an act or omission of a Candidate introduced by the Agency. Similarly no warranty is offered in respect of the suitability, honesty, capability or character of any Candidate introduced by the Agency and employed by the Client. Candidates are not the employees of the Agency.
6.1 If a Candidate who has been confirmed as a permanent placement with the Client does not start employment, has their employment terminated (in writing) or leaves within six (3) weeks of starting employment with the Client, a replacement applicant will be sought and offered by the agency at no extra cost to the client subject to the following conditions;
6.1.1 the Agency is informed within two (2) days of the cancellation of the booking or the termination of the employment;
6.1.2 the Agency placement fee has been settled in full in accordance with current Agency schedule of fees;
6.1.3 the booking has not been cancelled by the Candidate because of unreasonable demands by the Client;
6.1.4 the employee has not left because of unreasonable working conditions or because of a change in the job description or change in location; and
6.1.5 the Client is still intending to employ a child carer and the Agency is given four (4) weeks to find a suitable Replacement.
6.2 A maximum of two (2) further Replacements will be presented to the Client. If no suitable Candidate can be found or the client does not appoint a replacement, the first instalment fee as described in Paragraph 2.2 shall remain with the Agency and serve as an Administration fee for services rendered and the balance will be returned to the client or will not be payable subject to the following conditions:
6.3 Should an applicant introduced and engaged on a temporary basis be unsuitable and the agency is advised before the expiration of two hours, no fee is payable to the agency provided the temporary applicant is terminated within this time.
6.4 No refund will be given where the Client retains the services of a Candidate, even though the Client considers the Candidate unsatisfactory.
7.0 Employer Obligations
7.1 My Au Pair & Nannies Australia would remind Clients that they must recognise all obligations as an employer. The Client is legally responsible for their employees, full time, casual or part time, Income Tax payments, Workers Compensation payments and if eligible, Superannuation levy.
7.2 The Client is required to comply with any legislation relating to Industrial Relations and Occupational Health and Safety.
SJWK Holdings Pty Ltd
T/A My Au Pair & Nannies Australia
ACN 605 215 405