terms and conditions
1. Scope and conclusion of contract
Subject of the contract for all orders to the agency
AuPair.WorkService
Paul Michalke
Friedrich Ebert Straße 16
76437 Rastatt
hereinafter referred to as AuPair.ws, these general terms and conditions apply exclusively in the form valid on the day the order was placed, even if no direct reference is made to them. At the latest when the order is placed, these conditions are considered to be accepted. Conflicting conditions of our clients are not part of the contract, even if we do not expressly contradict these conditions. Special agreements are only valid with our written confirmation.
2. Communication
AuPair.ws can send all declarations, documents, photos and papers electronically to our clients and receive them from them.
Constant telephone availability cannot and is not guaranteed or promised. If we cannot be reached by telephone, our support center is available on our website and its functions enable us to be reached to the expected extent.
3. Placement
A fundamental right to the publication of complete application profiles of the AuPair applicants does not exist. A binding placement order only comes into effect when the placement contract is signed. All personal data and information in the registration forms will be treated as strictly confidential and will only be used to complete your order. The authorized transfer of the contact details between host family and AuPair by us excludes the possibility of an unsolicited application by the AuPair applicant or an invitation of the AuPair by the host family without our agency. An infringement does not affect our claim to the agreed brokerage commission.
The contractual partners are aware that the service to be provided is a service that includes the recruitment, selection and placement of AuPair applicants. This service is considered contractually fulfilled when the AuPair visa is issued, at the latest when the AuPair arrives at the host family. A successful implementation of the stay is not owed. AuPair.ws offers the host family accompaniment and support for all questions and problems relating to the stay during the entire stay of their AuPair and supports them in the event of a new placement or a change of AuPair.
The host family is expressly prohibited from forwarding contact details and personal data of AuPair applicants to third parties - in particular to other AuPair agencies or other host families or to use them in any other way - without our written consent. All AuPair applications and profiles made available to the customer by us are only intended for his personal use. A transfer to third parties is not permitted, even after the end of the contractual relationship.
We reserve the right to temporarily or completely exclude host families or AuPairs from further placement and to refuse further fulfillment of the contract.
The reasons can be:
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Statements were made about placement that violate the law
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The determination that the European agreement on AuPair employment has been abused for purposes other than the natural purposes of this agreement.
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The omission or non-existence of the prerequisites for basic participation in the AuPair program
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Violations of the placement contract
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Default of payment on the part of the client
In the event of illegal violations, we are also entitled to report the process to the responsible authorities, if necessary.
4. Prices / Payment
All prices are in EURO (€), are non-negotiable and include the statutory VAT. With the appearance of new price lists, all previous price lists lose their validity; even if the customer was not informed of the new publication of a price list. A processing fee must be paid for the conclusion of the brokerage contract, which is fully deducted from the brokerage commission after the brokerage has taken place and the amount of which results from our price list or from individually made agreements.
With the signing of the AuPair contract, 50% of the agreed commission less any processing fee that may have been paid becomes due for payment. The entire placement commission is agreed to be earned and is due for payment when the visa for the AuPair is issued by the responsible embassy. If the host family has decided to take on a change AuPair, the entire placement commission is due for payment on the day the AuPair arrives at the host family. The offsetting of counterclaims by the customer against our claim is only permissible in the case of legally binding or undisputed claims by the customer. Several clients are jointly and severally liable for the agreed commission.
Payment obligations are only considered fulfilled after receipt of payment on our account, whereby each payment is initially offset against the oldest debt. In the event of default in payment, default interest of 5% above the respective discount rate of the European Central Bank plus all costs and expenses incurred are due with the 2nd reminder for the entire period of default in payment. In such a case, we are free to refuse further fulfillment of the contract until further notice. If our payment claim is endangered or if we are forced to admonish a client through repeated payment delays, further services will only be provided against prepayment, contrary to any existing agreements.
5. Obligations of the host family and the AuPair
The duties of the host family and the AuPair are essentially based on the European agreement on AuPair employment and the leaflet "Au pair in German families" from the Federal Employment Agency and are summarized again in our AuPair guidelines for the respective party.
6. Rescission / non-occurrence
If the host family withdraws from the AuPair contract after it has been sign up, but before the AuPair arrives or arrives, for reasons for which we are not responsible, we must be informed in writing. In this case, the host family is obliged to reimburse the AuPair's expenses incurred to date (visa fees, previous travel expenses, etc.). In this case, the first half of the brokerage commission less any processing fee paid for our expenses already incurred is also due.
If an AuPair does not receive a visa from the responsible German embassy for reasons for which the host family is not responsible, or if they withdraw from the AuPair contract before arrival, we offer the host family a new placement without additional costs. If this new placement is not desired or cannot be carried out despite all efforts, we will refund the first half of the placement commission less any processing fee that may have been paid for our expenses already incurred. Further claims against us of any kind are excluded.
In the event of termination within the first 4 weeks after the start of the AuPair activity, we declare our willingness to carry out a one-time re-placement at half of the originally agreed placement commission, provided that the host family has not acted in breach of contract. To do this, we must have received the written notice of termination within the first 4 weeks after the AuPair's arrival. The offer of a new placement of an AuPair at half of the originally agreed placement commission expires after 12 months from the date of termination of the AuPair contract.
This is excluded
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when finding an AuPair that the host family is looking for themselves
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if the family has not fulfilled their obligations stated in the AuPair guidelines
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if the host family is at fault for the separation
A refund or withholding of the contractually agreed brokerage commission is excluded in these cases. Likewise, no claims for damages of any kind can be derived from this.
7. Termination of the AuPair relationship
The maximum contract term of the AuPair contract results from the maximum length of stay permitted by law for EU/EEA or non-EU/EEA AuPairs, which for Germany usually is 12 months.
The AuPair contract ends at the latest
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upon expiry of the visa of the mediated AuPair
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with cancellation of the work permit by the Federal Employment Agency (Bundesagentur für Arbeit)
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if one of the contracting parties terminates the AuPair contract in due time with a notice period of 14 days.
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if one of the contracting parties terminates the AuPair contract without notice
A termination must always be in writing to the other contracting party and must be notified to us in writing within 3 days, stating the reasons and submitting the letter of termination. The period of notice begins on the date of delivery of the notice of termination to the other contracting party.
In the case of a proper termination of the AuPair contract, the AuPair is to continue to be granted the agreed and statutory services until further placement - but at the longest until the end of the period of notice; in particular meals, accommodation, pocket money and health insurance.
If there are serious reasons that make it impossible to continue the AuPair employment, the AuPair contract can be terminated by either party without notice.
Reasons include
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proven theft
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gross violation of the duty of supervision
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multiple drug or alcohol abuse
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Violence against the children or the AuPair
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Non-payment of the AuPair
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Multiple and continued breaches of the AuPair Agreement or AuPair Policies
Extraordinary termination must also be made in writing, stating the reasons for termination, and we must be notified in writing within 3 days.
In addition to a serious reason, termination without notice also requires the host family to organize the AuPair's homeward journey, provided that further placement is impossible or impossible. If the AuPair does not have the necessary financial means to travel home, the responsible immigration authorities can request that the host family bear the return journey costs. The organization of the AuPair's return journey is always the responsibility of the client, but requires consultation with AuPair.ws.
The host family is expressly prohibited from asking the AuPair to leave the family's home environment without the AuPair's further whereabouts being assured. It is also forbidden to send the AuPair to AuPair.ws for further residence. In the event of an infringement, AuPair.ws will charge the host family a daily flat rate of € 85.00 for meals and accommodation for the AuPair, plus any travel expenses incurred.
The host family is also not entitled, after termination of the AuPair relationship, to arrange for the AuPair to be referred without consulting us. The placement of the AuPair by another AuPair agency also requires our written consent. In the event of an infringement, AuPair.ws is entitled to charge the contractual partner for the agency commission lost as a result.
8. Limitations of Liability and Disclaimer
The contractual partners release us from any responsibility for the development of the AuPair relationship.
In particular, the following are excluded from our liability:
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Inaccuracies in the information given in forms, questionnaires, references, letters, photos, etc. and all the consequences resulting therefrom
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Costs of the host family for prepaid costs and services for the AuPair
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Damage caused or caused by possible contagious diseases of the AuPair
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Damage caused directly or indirectly by the AuPair to the host family or third parties
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Payment obligations of the AuPair towards the host family or third parties
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The failure of a placement due to reasons for which we are not responsible and all the consequences resulting therefrom
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The failure of the AuPair relationship and all the resulting consequences
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Additional costs or downtime due to sudden cancellation or termination of an AuPair
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Consequences by a visa refusal by the embassy
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Costs that arise or have arisen due to official orders
If the contractor causes damage for any reason through his placement activity, he is only liable if proof of intent is provided.
The occurrence of damage of any kind does not release the client(s) from paying the brokerage commission.
For the approval of an AuPair stay, the applicants and the host families must be checked by the responsible German authorities.
AuPair.ws as an intermediary is not able to bypass, shorten or in any way accelerate or influence this approval process.
We are not responsible for delays in the approval process due to incomplete or incorrect information on the part of the host family or the AuPair, official holidays, absences due to illness or items lost in the mail and the resulting non-compliance with a promised entry date, and we do not entitle the client to withdraw from the contract or to reduce the brokerage commission. The cooperation of the host family with the respective visa matters also has no influence on the placement commission.
9. Miscellaneous
The host family agrees that their personal details, photos, profiles for the processing of the AuPair placement order will be processed by us and forwarded to third parties and stored, insofar as this takes place in the context of the placement and care activity or for billing purposes.
These people can be:
All data is sent via our server architecture, if possible in encrypted form and protected against manipulation.
In this context, however, we expressly point out the possibility of data being spied on by criminal third parties, which cannot be completely ruled out.
10. Final Provisions
German law applies to all orders placed with us. The invalidity of one or more provisions of these terms and conditions does not affect the validity of the others. Should one or more provisions be invalid, they will be replaced by a similar provision that comes as close as possible to the invalid provision and that takes reasonable account of the interests of both contracting parties and is to be expected if the original provision had been known to be invalid. The same applies to the incompleteness of the general terms and conditions.
Subsidiary agreements and changes require our written confirmation. As far as legally permissible, the place of jurisdiction for all proceedings, including dunning proceedings, shall be Rastatt for both contracting parties.
11. Privacy
Please note our privacy policy.
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