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for the introduction/placement of an au pair in a host family

1.GENERAL

1.1.These Terms and Conditions shall apply to/govern all business relations between Agency Au~Pair Bulgaria Ltd, established as a limited liability partnership, company file 9098/2002 of Sofia City Court, with registered office in Bulgaria, Sofia 1000, 43 Angel Kanchev Street, floor 3 and reg. No 0053309/06.02.2009 with the Commission for Personal Data Protection (today the trade name of the au pair activity of agency Elias T&R Ltd), hereinafter referred to as The Agency and a host family/single parent who engage the Agency to seek a Candidate (an Au Pair) for them, hereinafter referred to as The Client (for convenience The Client is used in the plural and the respective personal pronouns for the Client are they, them, their).
1.2.The Agency acts as an introduction/employment agency.
1.3.Introduction shall be interpreted hereinafter as submission of a Candidate’s name/personal data to the Client via email, telephone, in person or by other means.
1.4.Placement/engagement shall be interpreted hereinafter as an agreement between a Client and a Candidate.
1.5.These Terms and Conditions are non-negotiable.

2.AGENCY FEES

2.1.The Client agree to pay the Agency a registration fee of EUR 70, so that the Agency can start processing their registration form.
2.2.The registration fee is non-refundable and guarantees the seriousness of the Client’s intentions.
2.3.The Agency fee for Au Pair placements is EUR 380.
2.4.The Agency fee in Item 2.3. is due in full within 5 working days of the date of acceptance of one of the agency's candidates by the Client and/or before the Au Pair candidate joins the family (whichever is sooner).
2.5.The Client shall notify the Agency immediately in writing (e. g. by email), if they accept an Au Pair candidate introduced by the Agency.
2.6.The Agency will invoice the Client when the acceptance of the Candidate is confirmed in writing (e. g. by email) and not when the Candidate joins the family.
2.7.The Agency is entitled to charge the Client a 25% surcharge on the agency fee in Item 2.3., if it’s not settled in full within 5 working days.
2.8.The Agency is entitled to advise the Candidate to withdraw her/his acceptance of the Au Pair position in the family of the Client in case that payment has not been made in full by the Client according to Items 2.3. and 2.4.
2.9.Interest of 10% per calendar month as of the date of the Au Pair's arrival in the family of the Client will be charged, if the agency fee in Item 2.3. has not been paid to the Agency yet.
2.10.The Client shall indemnify the Agency for all costs and legal expenses incurred by the Agency as a result of any actions or proceedings taken against the Client by the Agency in order to obtain the agency fee in Item 2.3., the surcharge in Item 2.7. and the interest in Item 2.9.
2.11.The Client shall not encourage any candidate introduced by the Agency to arrange her/his travel or buy a flight before the full agency fee of EUR 380 has been fully paid.
2.12.If the Client cancel the placement after more than 5 working days have passed from the date of acceptance and after having confirmed the acceptance of the candidate in writing (e. g. by email) the full fee is payable.
2.13.The Client shall notify the Agency, if an introduced by the Agency Candidate and not accepted by them joins them subsequently. In such case the agency fee in Item 2.3. becomes payable.

3.VISA REFUSAL & REPLACEMENT & REFUND

3.1.If a visa (if applicable) is refused to the Au Pair or the Au Pair fails to arrive despite confirmation, the Agency shall introduce an alternative Candidate to the Client free of charge within 4 weeks or 6 weeks for a driver.
3.2.If the Agency fails to introduce to the Client a suitable replacement in the Agency's opinion within the time frame in Item 3.1. and the Client decide not to wait any longer for a suitable replacement, a 60% refund will be made to the Client, if the agency fee in Item 2.3. has been paid in full no later than 5 working days from the date of the written acceptance of the Au Pair candidate by the Client.
3.3.If in the Agency's opinion a suitable replacement has been offered to the Client and not accepted, no refund will be payable.

4.TRIAL PERIOD & REPLACEMENT & REFUND

4.1.The trial period for Au Pairs is 1 month.
4.2.If the Au Pair leaves the Client within the trial period, the Agency shall introduce an alternative Candidate to the Client free of charge within 4 weeks for a non-driver and 6 weeks for a driver.
4.3.If the Agency fails to introduce a suitable replacement in the Agency's opinion within the time frame in Item 3.1. and the Client decide not to wait any longer for a suitable replacement, a 60% refund will be made to the Client, if the agency fee in Item 2.3. has been paid in full no later than 5 working days from the date of the written acceptance of the Au Pair candidate.
4.4.If in the Agency's opinion a suitable replacement has been offered and not accepted, no refund will be payable.
4.5.The Agency’s opinion as to the suitability of the candidate is final.
4.6.No refunds or replacements will be due, if the Au Pair fails to arrive or terminates her/his stay during the trial period due to an act of war or terrorism, natural disaster or international pandemic.
4.7.The Client shall use actively the full one-month trial period to advise and train the Au Pair in order to give her/him a reasonable chance to improve her/his language, domestic, childcare and driving (if applicable) skills.
4.8.The Agency shall provide professional advice and support to the Client, if this is required by the Client having doubts about the Au Pair's suitability.
4.9.Notice may only be given before the trial period has ended in exceptional circumstances and with the Agency's prior consent.
4.10.If the Client give notice to the Au Pair before the end of the trial period and against the advice of the Agency to give the Au Pair adequate time for improvement, the Client may lose the right to a free replacement and no refund will be payable.
4.11.The Client may lose the right to a free placement and no refund will be payable, if they do not respect the two weeks’ notice at the end of the trial period or do not pay the Au Pair two weeks' full pocket money in lieu of notice.
4.12.Advice, support or replacement can only be offered by the Agency, if the fee in 2.3. has been paid in full.
4.13.If during the trial period the second Аu Pair leaves the Client or the Client again doesn’t accept her/him anymore the agency fee in Item 2.3. for a third candidate is payable.
4.14.If the Client find a replacement via another source, or no longer require Au Pair, no refund is due by the Agency.
4.15.The Agency may not provide a replacement Аu Pair, if the Agency considers the Client is in serious breach of the terms of employment as stated in the family registration form or the Client abuses and mistreats the Au Pair (Item 5.1.).

5.SERIOUS BREACHES AND MISTREATMENT OF THE AU PAIR BY THE CLIENT

5.1.The Agency considers serious breaches and abuses of the Au Pair the following:
-failure to pay the amount of pocket money as agreed;
-failure to provide a separate room and adequate standard of accommodation for the Au Pair;
-failure to provide adequate food for the Au Pair;
-unreasonable duties or hours of work;
-physical or verbal abuse of the Au Pair;
-lack of consideration and respect for the Au Pair;
-a hostile home environment;
-sexual harassment of the Au Pair;
-concealment of important family information, which has affected the placement;
-refusal of the Client to permit the Agency to communicate with the Au Pair.
5.2.In all instances in Item 5.1. no replacement will be provided and no refund will be payable by the Agency.

6.NOTICE PERIOD TO TERMINATE THE ENGAGEMENT (PLACEMENT)

6.1.The Agency cannot guarantee the Au Pair will complete her/his stay as intended neither that the Client will require the Au Pair as intended.
6.2.Good communication and a little understanding can guarantee a successful placement.
6.3.The notice period to terminate the placement for both the Au Pair and the Client is 2 weeks.
6.4.During the 2-week notice period the Au Pair shall do her/his everyday duties and the Client shall pay her/him the agreed pocket money.
6.5.The two week notice period can only be cut short in very exceptional cases with the Agency's prior agreement and if the full two weeks' pocket money is paid by the Client to the Au Pair in lieu of the notice period.
6.6.A leaving date shall be agreed upon by both parties.
6.7.During the notice period the Agency will look for a new host family for the Au Pair, if she/he asks for this and a replacement Au Pair for the family under these Terms and Conditions.

7.DRIVING

7.1.Driving in the host country by an Au Pair is not recommended by the Agency unless absolutely necessary. Few Au Pairs arrive able to drive to international standards and especially on the opposite side of the road as in the UK.
7.2.The Client shall be prepared to pay for formal driving lessons and to invest the time and patience needed to train the Au Pair.
7.3.The Agency does not recommend any driving during the first 2 weeks of the placement when the Аu Pair is in an intense adaptation period.
7.4.The Agency may refuse to replace the Au Pair if it is of the opinion that these guidelines on driving tuition have not been followed.
7.5.The Client shall fully insure the Au Pair against any accidents or legal liabilities which may arise from her/him driving the Client's vehicle.
7.6.Neither the Au Pair, nor the Au Pair's parents shall pay for accidental damage to the vehicle driven by the Au Pair with the permission of the Client.

8.RESPONSIBILITIES

8.1.The Agency cannot be held responsible for the conduct or character of the Аu Pair and shall not be liable under any circumstances for any inconvenience, loss, damage, expense, claim or injury incurred as a consequence of the placement of an Au Pair introduced by the Agency.
8.2.The Agency assumes no financial responsibility for any incidental or accidental costs incurred as a result of the employment of the Au Pair.
8.3.The costs of accidental damage caused to the Client's property, vehicle or other belongings by an Аu Pair shall be covered by the host family's insurance arrangements or by the Client.
8.4.Under no circumstances shall the Au Pair's pocket money be forcibly withheld or reduced to cover the cost of any accidental loss or damage.
8.5.In instances where a placement has failed due to incompatibility or genuine misunderstanding the Agency will make every effort to find the Au Pair a new family and to introduce a replacement Candidate to the Client under these Terms and Conditions.

9.CONFIDENTIALITY

9.1.By providing personal data the Client consents to the processing of data in accordance with the Personal Data Protection Law.
9.2.All information on candidates introduced to the Client by the Agency is strictly confidential and shall not be transferred to third parties.
9.3.The Client, who has transferred information supplied by the Agency to a third party as a result of which a Candidate is placed by the third party, shall pay the full fee in 2.3. for the placement and these Terms and Conditions shall apply accordingly.
9.4.The Client shall not accept a Candidate by/via a third party (other agency, website, etc.) if the Candidate was introduced by the Agency first. If the Client does so, the relevant agency fee will become payable.

10.FINAL

10.1.The Agency reserves the right to amend these Terms and Conditions without prior notification.
10.2.The changes take effect after being published on the website of the Agency: www.au-pair.bg.
10.3.All matters not regulated herein shall be governed by the imperative provisions of the Bulgarian legislation.