TERMS

Terms & Conditions

We, the undersigned (we, us, our, the Host Family), have applied to become a Host Family with Hello Au Pairs Au Pair (the Program).

We understand that this is a cultural exchange arrangement in which an Au Pair on a Working Holiday visa (417), or Work & Holiday visa (462), will live with our family for a program of 6 months, unless the placement is terminated earlier in accordance with these Terms.

We acknowledge and agree that the Program is offered to us by Hello Au Pairs subject to these Terms and Conditions (Terms). We accept these Terms and agree to be legally bound by them.

Nothing in these Terms is intended to create:

(a) an employment or agency relationship between Hello Au Pairs and us;

(b) an employment or agency relationship between any of Hello Au Pairs ’s employees, agents or contractors and us; or

We acknowledge and agree that it is the responsibility of us as the Host Family to seek advice regarding our responsibilities in relation to the Au Pair and any applicable employment laws, superannuation and taxation laws. Hello Au Pairs recommends that all host families refer to advice on Fair Work Ombudsman and the Australian Tax Office websites.

We warrant to Hello Au Pairs that all the information provided by us is true and correct.

1. Program Inclusions

Hello Au Pairs will provide the Host Family with profiles of Au Pairs who wish to be placed with a host family.

The Host Family will select an Au Pair who will assist the Host Family with childcare and childcare related household duties for a maximum of 35 hours per week (Childcare Duties). In consideration of the Au Pair providing the Childcare Duties, the Host Family will provide the Au Pair with:

(1) A cultural exchange experience with the Host Family

(2) A warm, safe and inclusive environment

(3) Adequate time and assistance to open bank account, obtain an Australian sim card and obtain mandatory Working With Children Check during first week

(4) Guidance, support and training, especially during the first weeks (handbook template provided).

(5) A private, fully furnished room* (Not used for storage or as occasional guest room)

(6) All meals, access to food and expenses normally incurred by a family member;

(7) Weekly pocket money as confirmed in the au pair invitation

(8) A travel bonus payment after 6 months;

(9) A minimum of 2 free days per week. At least every other weekend free. Public holidays free

Transport to/from nearest International arrival airport or orientation to host family home

(10) All expenses relating to the care of the children.

*For the purpose of providing accommodation for your au pair, Hello Au Pairs is guided by the standards of the Homestay Program. http://www.agsi.org.au/homestay-standards/

The Host Family acknowledges that there are other costs that may be incurred in hosting an Au Pair, an indication of some are listed on the Hello Au Pairs website.

Program excludes: sole care for children under 12 months, overnight care and proxy parenting.

2. Program Fees

The Host Family agrees to pay the Program Fees, which are listed on Hello Au Pairs website and are subject to change.

The Program Fees are payable in accordance with the following schedule:

Interview Fee: The Interview Fee is due upon activating the Host Family’s search, ready to start interviewing.

Placement Fee: The Placement Fee is due upon mutual acceptance of the placement by email. The match between the host family and the au pair is confirmed with an Au Pair Invitation, prepared by Hello Au Pairs and signed by Host Family, Sending Partner Agency and Au Pair.

If the Program Fees are not paid in accordance with the schedule, Hello Au Pairs reserves the right to charge late fees or remove the Host Family from the Program.

Rematch, Cancellation & Refund

Hello Au Pairs offers a free replacement guarantee within the first 30 days on all long term placements. In the event that a replacement Au Pair cannot be found within 90 days for a Host Family whose placement has terminated within 30 days of the placement start date, Hello Au Pairs will refund the Host Family 50% of the placement Fee.

No rematch or refund is applicable if:

(a) The termination of the placement is greater than 30 days from the start date of the placement;

(b) Hello Au Pairs assesses that the discontinuation of the placement is due to a breach of the Terms of the Program by a Host Family, or a Host Family is unable to continue to offer the placement for financial or personal reasons.

(d) If Host Family Background checks are incomplete at time of arrival of your Au Pair

No refund is applicable on the Interview Fee.

Refund requests must be in writing to Hello Au Pairs.

Credits and offer of replacement expires after 90 days.

3. Termination

In the event that a Host Family or an Au Pair wishes to terminate the placement;

(a) the Host Family is responsible for accommodating the Au Pair for a 14 days transition period, following the termination date; or,

(b) if the Host Family does not wish to accommodate the Au Pair in their home, the Host Family will be responsible to provide the Au Pair with dormitory-style accommodation (up to 4 share) at the nearest youth hostel at the Host Family’s expense.

(c) Should the Au Pair not wish to stay at the Host Family home, and finds alternate accommodation, the Host family does not need to cover the costs of the alternate accommodation

Failure to provide accommodation for an Au Pair following termination may result in the withholding, or forfeiture of any replacement or applicable refund.

Should a Host Family terminate the placement as a result of an Au Pair’s negligence or gross misconduct, a Host Family will be entitled to immediate termination, including the immediate removal of the Au Pair from it’s residence.

The placement of another Au Pair with the Host family is subject to seasonal availability and Hello Au Pairs cannot guarantee that a candidate will be available for an immediate start.

4. Driving

It is the responsibility of the Host Family to assess the driving ability of the Au Pair before granting permission to drive. If the Au Pair is required to use a car, the Host Family will provide comprehensive car insurance to cover the Au Pair for use of all vehicles that the Au Pair will use during the placement. In the event of an insurance claim, the Host Family will be responsible for paying any excess relating to that claim. PLEASE NOTE: Overseas licence holders are required to change to Australian licence after 6 months in NSW and VIC. This may also be introduced in QLD.

If the Au Pair is deemed to be the at fault party in a motor vehicle accident, the Host Family agrees to limit any claim against the Au Pair to the lesser of:

(a) $1000; or

(b) if the excess amount listed in the Host Family’s insurance policy is less than $1000, the lesser excess amount listed in the policy.

Should a car accident occur and there is a dispute about who is at fault, the Au Pair will be deemed to be the at fault party only if the accident or cause of damage can be corroborated by an independent third party witness.

The Host Family will be liable to pay 100% of any damages including any excess if the Au Pair is not listed on the vehicle’s insurance policy.

If the Au Pair is using the car for private use, the au pair is responsible for the excess relating to the claim. The Host Family agrees to limit any claim against the Au Pair to the lesser of:

(a) $1000; or

(b) if the excess amount listed in the Host Family’s insurance policy is less than $1000, the lesser excess amount listed in the policy.

5. Background Information & Privacy

For the purpose of facilitating the placement of an Au Pair, the Host Family agrees to complete and pay for a National Police Check or Working With Children’s Check on all parents, guardians and persons aged 18 years and older, residing at the address where the placement will take place.

The Host Family agrees to Hello Au Pairs making reasonable inquiries to third parties known to the Host Family, regarding the suitability of the Host Family to host an Au Pair. Any disclosures made to Hello Au Pairs by a third party will be handled in accordance with the terms of the Australian Privacy Act 1998.

We understand that Hello Au Pairs will share our details with its agents and prospective Au Pairs in order to facilitate a placement for the Host Family. By providing information to Hello Au Pairs , we consent to the processing of this information in accordance with Terms of the Program and the Australian Privacy Act 1998.

We confirm that all information supplied to Hello Au Pairs is accurate and complete.

Hello Au Pairs reserves the right to decline a Host Family application.

Hello Au Pairs takes reasonable precautions to protect personal information from loss, misuse, unauthorised access, unauthorised disclosure, alteration and destruction.

Au Pair information is shared with the host family for the purpose of facilitating a placement. For the purpose of GDPR compliance, some au pair documentation has been checked but cannot be shared online or forwarded by Hello Au Pairs. To obtain the additional documentation, you may request the selected applicant to forward you this documentation directly. Documents from applicants that you are not selecting should be deleted immediately.

6. Child Protection & Safeguarding

We acknowledge that Hello Au Pairs has a zero tolerance to the use of physical force including smacking for the purpose of correction or control of behaviour by the Host parents, guardians or the Au Pair towards the children.

If Hello Au Pairs becomes informed that Host parents, guardians or an Au Pair is using physical force with the children, it reserves the right to investigate the matter, report the incident or concern to the relevant authorities and remove a Host Family or Au Pair from the Program. There will be no refund or replacement if the breach of this term arises from the conduct by a member of the Host Family.

It is a legal requirement that the Au Pair completes a Working with Children Check or equivalent in the relevant state or territory of the Host Family. Under the Program it is the responsibility of the Au Pair and the Host Family to ensure the Working with Children Check is completed. Failure to do so may result in termination of the placement.

7. Warranty and Dispute Resolution

There is no warranty as to the satisfaction or compatibility of any candidate as an Au Pair for a particular Host Family.

Where a dispute arises between Hello Au Pairs and the Host Family, the parties must use reasonable endeavours to resolve any dispute, controversy or claim arising out of, relating to or in connection with these Terms through negotiation between them.

This clause shall survive termination of the Program and these Terms.

8. Force Majeure

If the placement is cancelled due to Force Majeure Hello Au Pairs will endeavour to find a replacement however Hello Au Pairs will not be liable for refunds or pay any compensation to you.

Force Majeure includes but is not limited to natural disasters, acts of government or authorities, war or the threat of war, pandemics, acts of terrorism, airline strikes or any other major event which is out of the control of Hello Au Pairs .

9. Release of Claims Against Hello Au Pairs

The Host Family unconditionally releases Hello Au Pairs from any claims for damage, injury, loss, or expense of any sort incurred in connection with hosting an Au Pair. This release includes, but is not limited to, liability for any intentional or negligent acts or omissions by the Au Pair.

Every effort is made by Hello Au Pairs to ensure the suitability of the Au Pairs who apply to the Program however it is the responsibility of the Host Family to be satisfied as to the appropriateness of the Au Pair they select for their family.

10. General

These Terms are governed by the laws in force in the state of New South Wales, and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

The parties may receive confidential information, including these Terms, throughout the duration of the Program and must keep such information confidential.

We acknowledge that we may not assign or otherwise deal with all or any part of our rights or obligations under these Terms, without Hello Au Pairs ’ prior written consent.

If any provision is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, without affecting the validity or enforceability of the remaining provisions of the Terms.

We acknowledge that we have been advised to seek legal advice if we do not understand the Terms. By signing the document, we acknowledge that we have read and understood the provisions, and accept and agree to abide by these Terms.

Hello Au Pairs may transfer and assign the benefits and obligations of Hello Au Pairs under this agreement to any other entity capable in its opinion of satisfactorily carrying on and administering the Program.

11. Warranty as to Authority

The parent registered for a placement hereby warrants to Hello Au Pairs that he/she is authorised on behalf of all adult members of the Host Family to enter into this agreement on their behalf.

Softly Wrapped PTY Limited

ABN 98 646 859 887

Trading as

Hello Au Pairs

Updated November 2024 (Late fees)

NOTE -

CAPAA, the Cultural Au Pair Association Australia has sought legal advice on the nature of a relationship between an au pair, a placement agency and a host family, and whether it forms an employment relationship. Each au pair relationship is unique. The following table will assist families in forming an opinion about their own personal circumstances.