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 overseas 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. Bunters is an Employment Agency that introduces Au Pairs, Mother’s/Parent Helpers and Elderly Companions Applicants to clients. The client accepts that Bunters 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/ Offer Letter and other information provided by the Client to the Applicant at the time the engagement is agreed. The Client also agrees that they at all times will adhere to Bunters “Au Pair Guidelines”.
6. The Client accepts that they are responsible for complying with any relevant statutory Employment Regulations associated with the engagement of the Applicant. For some of the Applicant types the Client will be classed as an ‘Employer’ and the Client accepts that they are responsible for understanding and meeting any requirements of an Employer under Employment Regulations, including but not exclusively requirements to pay and administer National Insurance and Taxes.
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 paperwork with details of the Applicants, 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 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 services, Bunters can share all the personal information about the Family, provided by the Client to Bunters, with third party agencies, working with Bunters to provide 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 personal and confidential, and the Client agrees to securely dispose of all personal information of Applicants after reviewing them. 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, for whatever reason prior to the Applicant starting their engagement, then the Client agrees to pay Bunters full fee and accepts that there will be no refund of this fee. If the Applicant has already incurred travel cost at the time of cancellation, which cannot be refunded, then the Client accepts that they are also liable to reimburse the Applicant for these costs.
17. The Client accepts that Bunters cannot guarantee that the Applicant will actually commence their engagement. If the Applicant cancels prior to the engagement commencing and if Bunters fee has been paid by the Client, then the Client accepts that Bunters shall have 4 weeks to find a Replacement.
18. The Client accepts that Bunters cannot guarantee that the Applicant will stay for the requested length of engagement. For an engagement which is 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 provide one Replacement Applicant free of charge, providing that the Client is entitled to a Replacement according to the terms of paragraph 19 below. For engagements less than 3 months duration, the Client accepts that no Replacement or refund will be provided.
19. The Client accepts that they are not entitled to a Replacement if any of the following conditions apply:

  1. The Client did not notify Bunters within 5 days of the termination of engagement of the Applicant;
  2. The Client has not paid Bunters fee in full in accordance with these Terms;
  3. An Applicant left their engagement with the Client because the Applicant believes that the Client did not comply with any aspect of the Letter of Invitation / Offer Letter from the Client to the Applicant. This includes, but not exclusively, duties required or hours of work;
  4. An Applicant was asked to leave by the Client without the required 2 week notice period or if pocket money was withheld or not paid in full for any reason;
  5. An Applicant has complained of abuse or mistreatment by the Client, the Client’s family or any acquaintances;
  6. An Applicant has not been provided by the Client with their own private room or has not been treated like a member of the Client’s family, including providing food and all amenities;
  7. An Applicant has not been allowed by the Client to take their agreed days off or if the Client has not met the Applicant’s paid holiday / bank holiday entitlement.
20. If the Client is entitled to a Replacement, according to the conditions defined in paragraphs 18 and 19, and if for any reason a Replacement is not confirmed within 4 weeks, then Bunters will refund to the Client 25% of the fee paid by the Client to Bunters 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 Replacement or refund is due.

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