Star Au Pairs

Terms and Conditions

In this agreement the following words shall have the following meanings:

"Candidate” shall mean the au pair.

"Client/employer” shall mean the Host family

"Star Au Pairs” shall mean the introduction Agency providing the match between the au pair and host family.

Nature of this Document and Formal Acceptance
a) Star Au Pairs sets out these terms and conditions to inform clients of the agreement between the client and Star Au Pairs. Services can only be provided once the client has read, understood and signed the terms and conditions. Please contact Star Au Pairs, if there is any uncertainty about any part of the terms and conditions.

b) No obligations under this agreement shall become binding on the parties until the client has agreed and signed the document.

Search initiation/Process
1. Star Au Pairs (‘the Agency’) finds, matches and manages introductions of clients with au pairs. At no time does the Agency act as an employer or purport to create an employer/employee relationship between themselves and the client. Star Au Pairs purpose is to introduce a suitable Candidate ('the Employee') to its client ('the Employer').

2. Upon receipt of your registration form, we will use all reasonable endeavours to introduce an au pair to you that matches the requirements described in the registration form.

3. If you offer the role to one of the candidates that we have introduced to you, you agree to provide us with proof of your identification, such as a passport or drivers licence, and proof of your address, such as a recent utility bill, together with an invitation letter for the au pair setting out the terms of his/her role and a timetable setting out the weekly schedule for the au pair.

4. The Employer confirms that all information supplied to Star Au Pairs is honest, correc and complete.

5. Although every effort is made to ensure that any information given to an Employer is correct, the Agency cannot be held responsible for any incorrect information.

6. Star Au Pairs 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 wilful, negligent or otherwise.

Fees and Refunds
7. The fees shall be payable by the Employer in advance of placement or within seven days of the date of invoice. A late payment charge will be enforced of 6% each calendar month until full payment is made. Fees to the Agency are for introduction only.

Star Au Pairs FEES

Type of Au Pair Basic fee
Au Pair £400
Au Pair Plus £500
Summer Au Pair £200
Mothers Help £550
Shorter au pair placements – 3 to 6 months (cost dependent on length of stay and type of au pair) £200 - £350
Au pair driver additional cost £50
8. In the event of cancellation by, or non-arrival of the au pair, we will make it a priority to find you a replacement au pair to match the requirements described in your original registration form.
We cannot offer a refund if, for whatever reason, you decide you no longer require us to find you an au pair.

9. If you cancel an engagement after it has been confirmed and before your au pair arrives, there will be no refund of the placement fee. However, we will, in most circumstances, hold a credit on file for the placement fee for any time in the future when you may require an au pair provided that all the conditions and terms of an au pair placement have been followed.

10. The client must ensure sufficient funds are available to settle the placement fee and to pay weekly pocket money. Any related charges are payable by the client.

11. Refunds
a) Subject to the conditions below, if a permanent Employee leaves their employment within six weeks a suitable replacement will be found. If no suitable applicant is available, then the following refunds will apply:
I. 0-2 weeks from the agreed commencement date 75% refund
II. 2-4 weeks from the agreed commencement date 50% refund
III. 4-6 weeks from the agreed commencement date 25% refund

b) After 6 weeks have elapsed, no cash refunds are applicable, however a credit may apply towards the subsequent placement. For summer/ short term placements of under 5 months no refunds / replacements are due, except in exceptional circumstances.

Termination and rejection of Au pair
12. If you reject an au pair that we have introduced to you and the same au pair is subsequently engaged by you, the placement fee will become payable in accordance with this contract.

13. If we introduce an au pair to you and, after his/her arrival, you consider the au pair to be unsuitable, we will, at our discretion and your request, introduce one free replacement au pair, again to match the requirements described in your original registration form. In order to qualify for a free replacement au pair, you will need to inform us in writing about the situation within 28 days of the au pair’s arrival in your home. We will endeavour to find you a new au pair. We can only offer you a replacement au pair providing the conditions specified by the Home Office regarding hours of work, treatment, etc. have been followed and the au pair has been treated fairly and not been expected to perform duties which are unacceptable. To see a list of acceptable au pair duties, please go to au pair options. Free replacements must be taken up within 14 days of the offer, otherwise we will terminate the contract. We will not offer a replacement au pair if you are in breach of these terms and conditions. If we are unable to introduce a replacement au pair which you deem to be suitable, we will terminate the contract. We will not at any point offer you a refund of the placement fee.

Third party involvement and re-engage with au pairs
14. You agree to inform us immediately if we introduce an au pair to you that has already been introduced to you by a third party. If you do not inform us, and you offer the au pair the role, we will presume the offer is a consequence of our introduction and the placement fee will be payable in accordance with this contract. You also agree not to offer the role to an au pair who has been introduced to you by a third party if we have already introduced the same au pair to you; in such circumstances, the placement fee will be payable in accordance with this contract.

15.The client should not attempt to re-engage short term au pairs otherwise than through the Agency. Any client who engages at any time the services of an au pair originally introduced by the Agency, having previously engaged/declined the services of that person, will be liable for the full fee. The Employer will inform the Agency immediately of any such engagement.

References and other client liability/responsibilities
16. Every effort is made by Star Au Pairs to ensure that candidates introduced to the client are suitable for the position offered. It is the responsibility of the client to check references and to be satisfied as to the suitability of the candidate.

17.We are unable to check the au pair’s driving ability. If the host family wishes the au pair to drive in the UK, we suggest that the host family provides the au pair with driving lessons until the host family feels comfortable for the au pair to drive the children to school alone. Driving on the opposite side of the road can take time to get use to. The host family should also provide the au pair with a copy of the Highway Code. The client should be responsible for ensuring the au pair is insured to drive any vehicle, and should not be asked to pay for any damage that occurs to the vehicle.

18. Star Au Pairs does not accept responsibility for any loss, damage, expense or injury resulting from an introduction. Star Au Pairs advises both the au pair and the host family to take out appropriate insurance.

Notice period and holidays
19. You agree that any terms of engagement between the candidate and the Employer will be subject to a minimum two weeks’ notice period by either party, provided that in the event of serious misconduct by either party, the other party shall be entitled to terminate the engagement immediately. However, should the misconduct be on the part of the candidate, the Employer will be responsible for providing appropriate accommodation for a period of four days from the date of termination.

20. Host family should allow the au pair to take 28 days holiday per year, including public (bank) holidays, allowing the au pair to go home to visit their family if they wish. For placements of less than 12 months, this should be calculated on a pro-rata basis of 1.66 days per month. The au pair and the host family should agree to when holidays should be taken and whether the au pair needs their holiday to coincide with the host families’ holiday, and whether the au pair would accompany the host family on holiday. The host family should continue to pay the au pair pocket money during their holidays.

Obligations of the host family
21. Au pairs should be paid a minimum of £70 per week for up to 25 hours work. More pocket money for more hours up to a maximum of 35 hours per week. More hours can be asked of your au pair during school holidays but only if your au pair is in agreement. Mother’s help pocket money and working hours can be greater dependant on duties required.

22. Au pairs should have at least two full (24 hour) days off each week.

23. If the au pair is ill, you will continue to provide them with accommodation, food and pocket money until such time as other arrangements can be made for their care or until they are well enough to continue with their duties.

24. Au pairs should be allowed to live as part of the host family (not as hired help) and should be given the opportunity to participate in family life. They must have their own room within the residence, and such a room to have adequate heating and studying facilities as well as a bed and wardrobe.

25. Au pairs must not have continuous sole charge of a child under 2 years of age. If your child is under 2 years of age, you agree that you take full responsibility if you do ask your au pair to care for him/her.

26. Please look at the table below for current tax thresholds. and can assist in all tax and NI matters.

Lower Earnings Limit £112 gross per week or less If you pay your employee the LEL or below, there is nothing due to HMRC and your employee will not be entitled to any state pensions or benefits.
Bracket between Lower Earnings Limit and NI Threshold Between £112-£156 gross per week If you pay your employee between these figures there is nothing due to HMRC, however you should still register so your employee will be entitled to state pension and benefits.
Employer's (Secondary) NI Threshold £156 gross per week or more If you pay your employee £156 or more you must register and pay Employer’s NI.
27. You are responsible for ensuring that your home content’s insurance policy includes cover for employers and public liability insurance for domestic workers, including au pairs.

Data confidentiality and acceptance of terms
28. Star Au Pairs shall treat all information supplied by the Employee as confidential. We shall not disclose such information to any third party without your prior permission, except where required by law or where action might be necessary to protect you or someone else. We shall treat all personal data in accordance with the requirements of the Data Protection Act 1998.

29. You agree to keep confidential any information we disclose pursuant to this contract. If you disclose any such information which results in the engagement of an au pair by a third party, you will be responsible for the placement fee that would otherwise have been paid by the third party and these terms and conditions shall apply accordingly.

30. By accepting these terms and conditions you agree that they shall continue to apply to any transaction or contract made after their acceptance and the initial registration.

31. If you are in breach of these terms and conditions or you fail to follow the guidelines provided, we reserve the right to remove an au pair from the clients home and you will not be able to take advantage of a free replacement offers and we reserve the right to terminate the contract. No refunds will be due.

32. The contract between us and the client shall be interpreted in accordance with the laws of England and Wales and any dispute arising in connection with the contract shall be subject to the jurisdiction of the Courts of England and Wales.