Fees and Terms

1.

These Terms and Conditions of Business (referred to herewith as “Terms”) are between Bunters Ltd (a company registered in England and Wales as Company Number 4002294 and referred to herewith as “Bunters”) and the Family (referred to herewith as “the Client”), who is procuring the service of Bunters to assist them to find an Au Pair or another type of home helper for engagement by their Family.

2.

No variation in these Terms is binding upon Bunters unless the Managing Director of Bunters has agreed the variation in writing. These Terms are governed by and shall be interpreted in accordance with English law and the parties to these Terms submit to the exclusive jurisdiction of the English Court system.

3.

The term “Applicant” is used to refer to a candidate for engagement by the Client introduced by Bunters. The Client is deemed to have accepted these Terms and Conditions of Business if they complete a Family Registration Form (either electronically or on paper), or if they agree to an interview or an engagement of an Applicant introduced by Bunters.

4.

The Client accepts that Bunters is an Introduction Agency only and does not either directly or indirectly employ the Applicants.

5.

If and when the Client agrees to engage an Applicant, the Client accepts that this is based on the Letter of Invitation and other information provided by the Client to the Applicant.

6.

The Client accepts that they are at all times responsible for meeting any relevant statutory Employment Requirements associated with the engagement of the Applicant.

7.

Should the Client require or allow the Applicant to drive their car during the engagement, then the client accepts and agrees that it is their sole responsibility to make and meet the cost of all the arrangements necessary for this; including but not limited to ensuring that the Applicant is appropriately insured to drive and the Applicant is eligible and fit to drive in the UK.

8.

Bunters shall endeavour to ensure, but cannot guarantee the suitability of any Applicant introduced to the Client. The Client accepts that they alone are ultimately responsible for determining whether an Applicant is suitable for their engagement.

9.

Bunters provides to the Client Applicants’ paperwork, including (but not limited to) application forms, police checks, medical reports and references. The Client agrees that Bunters cannot be held liable for inaccuracies or deficiencies in this paperwork and the Client is ultimately responsible for satisfying themselves that the paperwork is sufficient and accurate.

10.

The Client agrees that Bunters cannot be held responsible in any way for the character and suitability of the Applicants, accuracy of references, medical certificates and personal details supplied by the Applicants and is hereby expressly excluded from all liability whatsoever directly or indirectly arising from the placement of an Applicant.

11.

Bunters operates a defined Privacy Policy which can be viewed by the Client on Bunters website www.aupairsnannies.com or a separate copy can be requested from Bunters by the Client. The Client accepts that by agreeing to these Terms they accept Bunters Privacy Policy.

12.

The Client accepts and agrees that, in order for Bunters to provide the Client with services, Bunters can share all the personal information about the Family, provided by the Client to Bunters, with third party agencies involved in supporting Bunters to provide its services and with candidate Applicants.

13.

The Client agrees that Bunters shall not be liable under any circumstances to the Client in respect of any loss, damage, cost, expense, injury, death or inconvenience incurred to any persons or property arising from any act or omission on the part of the Applicant before, during or after engagement by the Client.

14..

The Client accepts that all information and introductions of Applicants by Bunters to the Client are confidential, and should the Client directly, or indirectly introduce an Applicant to any other person within a year of Bunters providing such information, then the Client will be liable to pay Bunters fee as if the Applicant had been engaged directly by the Client. The Client will be liable for Bunters fee for any Applicant engaged as a consequence of, or resulting from, an application to Bunters even though the introduction is made indirectly.

15.

The Client agrees to notify Bunters immediately an offer of engagement is made by the Client to an Applicant. Once this offer has been accepted by the Applicant, the client agrees to pay Bunters fee, according to the current Bunters Fee Schedule, within seven days or prior to the Applicant travelling to the UK, whichever date is the earliest.

16.

After having an offer of engagement accepted by an Applicant, should the Client subsequently cancel this offer prior to the Applicant starting their engagement, then the Client agrees to pay Bunters 50% of Bunters fee.

17.

The Client accepts that Bunters cannot guarantee that the Applicant will actually commence their engagement with the Client or that they will stay for the requested length of engagement.

18.

For engagements which are for 3 months duration or more, should the Applicant finish their engagement within the first 4 weeks, from the start date of the engagement, Bunters shall endeavour to replace the Applicant (referred to as a ‘Replacement’) free of charge, subject to all the conditions defined in paragraph 19 having being met.

19.

1. The Client notified Bunters within 5 days of the termination of engagement of the Applicant
2. The Client has paid Bunters fee in full in accordance with these Terms and Conditions of Business
3. The Applicant did not leave their engagement with the Client because the Applicant believed that the Client changed the type of help expected of the Applicant from what was set out in the Letter of Invitation.

20.

If the Client is entitled to a Replacement, only if the conditions in paragraph 19 and 20 have been met and if for any reason Bunters cannot provide a suitable Replacement within 4 weeks, then Bunters will refund, to the Client, 50% of the Bunters fee paid by the Client for that Applicant.

21.

If the Applicant stays longer than 4 weeks, from the start date of the engagement, then the Client accepts that Bunters shall have fulfilled all its obligations to them and that no refund of Bunters fee is due.