Le programme au pair en Angleterre vous est proposé par le Club Au pair. Le Club Au pair n'est pas une agence d'intérim ou un cabinet de recrutement. Ce programme se déroule dans le cadre d'un échange interculturel et linguistique qui est régit par l'état Anglais qui définit et harmonise les conditions de placement au pair. Notamment en ce qui concerne :
L'inscription au programme de placement au pair implique l'acceptation des clauses des conditions générales de placement au pair ci-dessous.
The following expressions shall have the following meanings:
“Agent”, “We”, “Us”, “Ourselves”, “Our” means Heavenly Au Pairs and Nannies, Heavenly Nannies, Heavenly Gap Years and Heavenly Au Pairs Limited, incorporated in England and Wales under company registration number 08014188, registered with the ICO under Z3657103, and whose registered office is at South Park Studios, 88 Peterborough Road, Fulham, London SW6 3HH;
“Agreement” means the contract between the Agent and the Candidate for agency services incorporating these Terms and Conditions, as evidenced by the signing of or ticking of the acceptance box online of the Registration Form and the acceptance by the Agent in accordance with Clause 3.1;
“Candidate” , “You”, “Your”, “Yourself” means any person introduced to a Client by the Agent for Engagement; be it a Job, Au Pair Placement or other Gap Year Programme;
“Client” means any family, third party, individual, partnership, company or other organisation or entity which contracts with the Agent with a view to procuring the services of the Candidate within the UK and overseas;
“Partner” means a third party organisation supporting the Agent in their work or, in the case of Gap Year placements, an organisation who works with the agency to procure Candidates for Gap Year experiences, for example, language teaching.
“Engagement” means the employment, placement, engagement or use of the Candidate by the Client, Partner, or any third party to whom the Client has introduced the Candidate to, on a permanent or short-term basis under any form of contract or relevant agreement.
“Representation Form” means the form to which these Terms and Conditions are attached requesting Representation and setting out, amongst other things, the Candidate’s details and requirements for Engagement, also known as a ‘Registration or Application Form’;
“Representation” means the representation provided by the Agent to the Candidate upon acceptance by the Agent of the Representation Form in accordance with these Terms and Conditions;
“Terms and Conditions” means the terms and conditions as set out in this document and any subsequent variations as agreed in writing or by email by the Agent and the Candidate.
These Terms and Conditions shall apply to the Agreement and shall supersede any other documentation or communication between parties.
3.1 The Agreement between the Agent and the Candidate, incorporating these Terms and Conditions, shall only come into force when the Agent confirms acceptance of the Representation Form verbally, in writing, or by email to the Candidate.
3.2 The Agent’s acceptance of the Representation Form in accordance with Clause 3.1 shall constitute a binding obligation to the Candidate to use reasonable endeavours to secure Engagement with a Client for the Candidate, at all times subject to the Terms and Conditions below.
3.3 By completing the Representation form, the Candidate is also subscribing to the Agent’s newsletters or communications, which keep the Candidate informed and is part of the Agent’s service. Newsletters relate directly to the Candidate’s desired engagement or the Agents service and can contain important information. However, it is the Candidate’s right to unsubscribe at any time and they may do this via a link in the email or by contacting the Agent with ‘Unsubscribe’ in the title at any time.
4.1 The Agent shall operate at all times as an employment agency in accordance with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and the Employment Agencies Act 1973.
4.2 The Agent will, subject to the Candidate’s Representation Form and these Terms and Conditions, act as the Candidate’s agent and use reasonable endeavours to negotiate and conclude agreements with Clients in respect of procuring Engagements.
4.3 This Agreement does not give rise to a contract of employment between the Agent and the Candidate nor shall it constitute a partnership or joint venture. The Agent does not employ Candidates, directly or indirectly.
4.4. The Agent will not charge a fee:
4.5 The Agent works with third parties which provide insurance and flight offers for Candidates. Candidates are not obligated to use these services and the Agent is not liable for any changes or costs that arise in relation to the Candidates use of these third parties. The Candidate can refer to the individual third party for their terms of service or business.
4.6 The Agent is in the business of procuring placements for au pairs and those seeking gap year experiences, as well as employment for maternity nurses, nannies, housekeepers, companions to the elderly, childcarers and other private, domestic staff. Accordingly nothing in this Agreement or these Terms and Conditions shall restrict the Agent from acting as agent for any third party and providing to it services the same or similar to those set out in these Terms and Conditions.
4.7 Candidates agree to respond in a timely manner to email and phone communication from the Agent. Should the Candidate lose a possible position due to lack of communication the with Agent, the Agent cannot be held responsible.
4.8 For Candidates wishing to engage in Short or Long-Term Gap Year Programmes and Cultural Exchange Programmes, depending on the Engagement desired, a Programme Fee may be applicable.
5.1 The Candidate should not engage in any conduct which is detrimental to the interests of the Agent, would negatively affect the Agent’s relationship with the Client, or is likely to bring the
Agent into disrepute.
5.2 The Candidate shall, before commencement of the Representation, have provided the Agent with satisfactory evidence of their identity which shall include, but not be limited to, a certified
copy of the Candidate’s passport or birth certificate or driving licence.
5.3 The Candidate shall provide the Agent with his / her DBS code for DBS Update Service, with the corresponding
certificate or DBS. The DBS must correspond to the role for which the Candidate wishes to apply eg. must be Enhanced DBS for a role involving children or vulnerable adults. For programmes not
involving children or vulnerable adults, a standard DBS is sufficient. In the event the Candidate requires a new or updated DBS
to be carried out, the cost of any such DBS and the subscription to the DBS Update Service shall be borne by the Candidate. The Agent must be informed immediately, should the Candidate not be
able to procure a current Police Check/ DBS certificate for any reason, as this may affect their Engagement or suitability for Engagement.
5.4 The Candidate confirms that all information provided to the Agent or Client is true and accurate in all material aspects and that any documentation provided as evidence to the Agency are
originals or certified copies of the original documentation. The Candidate agrees to inform the Agent of any changes and should these changes affect any possible or current Engagement with the
Client, the Candidate must also inform the Client.
5.5 If, in respect of any prospective placement or employment, the Candidate is required by local law, any professional body, or by the Client to hold or have any experience, training qualifications, and/or authorisations, the Candidate shall provide the Agent with: (a) up to date copies of such qualifications and/or authorisations; and (b) the names of two referees (who are not relatives or friends of the Candidate) who the Candidate agrees, having obtained the permission of the referees, that the Agent may approach at any time for the purpose of obtaining references about the Candidate.
The Candidate consents to the disclosure of all relevant information (which is reasonably required to progress any application) including but not limited to copies of qualifications,
authorisations and/or references, by the Agent to the Client or to the Agency’s partners, necessary for the Agency to ascertain suitable job opportunities. The Agency refers the Candidate to the
5.6 The Candidate acknowledges that he / she is responsible for paying for any related costs such as applying for a DBS, paying for insurance (public liability insurance, travel insurance, medical insurance (when abroad) etc.), travel costs to your place of work etc. When interviewing, some Clients may compensate Candidates for the cost of travel, but this is a matter between the Candidate and the Client. The Candidate acknowledges that any matter concerning the cost of travel must be agreed in advance, otherwise the Client will assume that the Candidate will bear the cost of travel. For overseas interviews required by the Client, the Client will pay the cost of travel to the overseas country. Further costs that the Candidate may be required to pay for are the costs of obtaining a passport, visa, medical check (where required) and adequate and up to date public liability insurance.
5.7 The Candidate shall attend any interview arranged by the Agent with the Client with satisfactory evidence of their identity as well as all relevant documentation relating to their experience
5.8 The Candidate shall immediately inform the Agent should there be any reason or circumstance under which it would be detrimental to the interests of the Agent, the Client or the Candidate for the Candidate to take up a particular position with a Client. It is the Candidate’s responsibility to determine whether an Engagement is suitable for the Client or themselves. The Agent takes care to match Candidates and Clients as closely as possible, but the Candidate is required to satisy themselves with the suitability of the Engagement. The Candidate accepts that it is they who ultimately choose the Engagement, not the Agent.
The Candidate must also satisfy themselves as to their suitability for the Engagement medically, psychologically, and physically. This includes where pre-existing conditions are concerned, as the
Agent is not medically trained and therefore cannot assess this. The Agent refers the Candidate to their physician/doctor. In the case of pre-existing conditions, the Candidate must also ensure
that, should they need it, they have access to the required medications/treatments during their Engagement, either through a local doctor or by taking this with them. It is in the best interest
of the Candidate to disclose any pre-existing conditions that may affect their Engagement to the Agent, to ensure that these can be accomodated by the Client. All Candidates are required to
provide a medical assessment stating their suitability for the Engagement from their doctor/physician as part of their completed application. After an Engagement is confirmed, if a Candidate
discloses a condition that may affect their ability to perform their duties/work, the Agent and/or Client reserves the right to cancel the Candidate’s Engagement and the cancellation policy will
apply. The Agent is an equal opportunities company and will not discriminate Candidates based on information they provide relating to pre-existing conditions or medical history.
5.9 The Candidate shall inform the Agent of any interviews arranged between the Client and the Candidate, excluding those already organised by the Agent with the Client on behalf of the
5.10 The Candidate acknowledges that any offer of Engagement is subject to the receipt of satisfactory references and, if required, evidence of any training, qualifications or experience, with
respect to the Candidate.
5.11 In the event that the Candidate is unable to take up an Engagement that has been agreed with a Client, the Candidate shall notify the Agent and the Client as soon as is reasonably
practicable, together with the reasons for why the Candidate is unable to take up such Engagement.
5.12 If, following an introduction from the Agent to the Client with respect to the Candidate, the Candidate receives an offer of Engagement to work for/with or be placed with a Client introduced by the Agent, the Candidate shall inform the Agent immediately and provide the Agent with full details of the offer including a copy of the offer letter/contract of employment.
5.13 The Candidate shall notify the Agent immediately if there is any reason why they are unable to continue with Engagement with the Client or if they no longer wish the Agency to seek suitable
employment for them.
5.14 The Candidate shall treat all information, including about any potential job with the Agency, as confidential and will not pass any details concerning any Client of the Agency or potential
Engagement to a third party. The Candidate agrees to delete or destroy, as soon as practicable, any information they receive about Clients or other Candidates. Candidates may securely store the
information they have received about a Client, whom they ultimately agree to be engaged by, until the end of their Engagement with the Client, at which point, any information received from the
Agent, should be deleted/destroyed, unless otherwise stipulated by the Client.
5.15 The Candidate shall treat the Client and their property with care and respect at all times. In particular the Candidate shall not either during his or her Engagement or afterwards, disclose, divulge or publish, including on all social media, to any person, firm or company any confidential information concerning the business, affairs and concerns of the Client, the Client’s family or the Client’s friends, or their transactions and business, except
5.16. If the Candidate will be Engaged as an employee, they must make themself aware of their legal responsibilities, such as registering with HMRC/local tax authorities and paying the correct amount of tax. Most employing Clients will run payroll (salary payments) through a payroll company. The Candidate must inform themselves of local employment law and taxation. For UK, please read guidance on www.gov.uk and https://www.gov.uk/employment-contracts-and-conditions.
5.17 The Candidate agrees that they have read and understood the information contained in the relevant pages regarding the Engagement for which they are applying (Au Pair/ Nanny etc.) and agree to the role, tasks and expectations as described on the Agents website.
Furthermore the Candidate agrees to:
5.18 The Agent will support and advise the Candidate, but is unable to micro manage an Engagement and it is the responsibility of the Candidate and Client, to make the Engagement a success. The
Agent cannot be held responsible should the Client engage the Candidate for a shorter time than that agreed initially, or if there is a breakdown in communication.
6.1 The Agent shall use reasonable endeavours to secure a suitable Engagement for the Candidate but shall be under no obligation to find employment or a placement for the Candidate.
6.2 The Agent shall provide the Representation with reasonable skill, care and in accordance with the recognised codes of practice and statutory obligations.
6.3 The Agent shall take all reasonable steps to ensure Clients are professional and courteous but cannot be held responsible for the conduct of any third parties.
6.4 An offer of Engagement by a Client is not made until written details are received from the Client. The Agent does not accept any responsibility and shall not be liable for any loss suffered
by the Candidate in connection with the acceptance of such offer, this Agreement or otherwise (including, but limited to loss caused by reason of the Candidate’s decision to resign from his/her
current employment or any existing Engagement before or after receipt of the Client’s written offer).
6.5 If, after commencement, the Engagement is terminated earlier than initially agreed and through no fault of the Candidate, the Agent along with its local Partner (where applicable), will
endeavour to find a suitable replacement Engagement for the Candidate. For programmes where there is a minimum Engagement required, the Candidate will need to be open to this to allow the Agent
to find them a suitable Engagement. The Candidate may need to return home to continue the search for the alternative placement. The Agent cannot guarantee a replacement Engagement. Cancellation
policy will apply, should the Candidate choose to terminate the Representation rather than accept a replacement Engagement.
7.1 The Agreement shall continue until the agency services have been provided in accordance with the terms of the Representation Form or any subsequent date as mutually agreed in writing by both
parties or until terminated by either party in accordance with these Terms and Conditions.
7.2 The Agent may terminate this Representation without notice at any time and for any reason at the Agent’s sole discretion. Refund policy may apply, where the termination is through no fault of
7.3 The Candidate shall be entitled to terminate the Representation at any point by writing to the Agent or if the Agent fails to comply with any aspect of these Terms and Conditions and this
failure continues for a period of 4 weeks after notification of non-compliance is given.
7.4 Either party may terminate the Agreement by notice in writing to the other if the other party commits a material breach of these Terms and Conditions which cannot be remedied or, in the case
of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so.
7.5 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of
8.1 Subject to Clause 8.2, a party (the “First Party”) shall not be liable for any losses (direct or indirect) incurred by the other party (whether or not due to the failure of the First Party to
comply with this Agreement) except for those losses which can reasonably be foreseen by the First Party would result from its failure to comply with this Agreement provided that any such
liability of the Agent shall be limited to the sum insured under the professional indemnity insurance policy held by the Agent in the insurance year in which the Candidate’s claim is first
8.2 This Clause 8 does not exclude or limit in any way the Agent’s liability for:
8.2.1 death or personal injury caused by the negligence of the Agent; or
8.2.2 fraud or fraudulent misrepresentation; or
8.2.3 any other matter for which it would be illegal or unlawful for the Agent to exclude or attempt to exclude the Agent’s liability.
8.3 Although every effort is made to ensure that any information given to Candidates and Clients is correct, the Agent cannot be held responsible for any incorrect information. The Agency cannot
be held responsible for any actions or in-actions of the Candidate or Client and both the Client and the Candidate agree to indemnify Heavenly Au Pairs & Nannies fully in respect thereto. The
Client and Candidate further agree to indemnify the Agent, its Employees and Partners fully for any inaccuracies or oversights relating to any information or guidance provided to it by the said
parties in relation to its business, legal matters, taxation, employment law, insurance or other. The Client and Candidate must inform themselves and seek specialist advice where necessary.
8.4 The Agent does not accept responsibility for any loss, damage, expense, injury or inconvenience to the Clients or Candidates property resulting from the Agent’s introduction or provision of
services or from any acts, omissions or conduct of staff introduced by the Agent, its employees or Partners. The Agent advises the Client and Candidate to consider taking out appropriate
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but
not limited to acts of God, strikes, lock outs, accidents, war, fire and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to
enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, in person or by post to the address of the other party given in the Representation Form or such other address as such
party may from time to time have communicated to the other in writing.
These Terms and Conditions, and any non-contractual obligations arising therefrom, shall be governed by and construed in accordance with the law of England and the parties hereby submit to the
exclusive jurisdiction of the English courts.
Tha Candidate agrees that they have understood and agree to the Agents “Candidate Privacy Notice”, which must be read in full on page Disclaimers.