"THE AGENCY" refers to SMART AUPAIRS 

"THE CLIENT" refers to a person who appoints The Agency to introduce candidates (host family). 

1. These terms apply to all contracts or agreements made between The Client and Smart Aupairs and are deemed accepted through completion of a Family Profile or registration. 
2. Smart Aupairs acts as an Agent for introductions and does not employ candidates.
3. The Client confirms that all information supplied to Smart Aupairs is honest, correct and complete. By providing data, The Client consents to the processing of data in accordance with the Safety and Privacy Statement. We reserve the right to ask for a family reference and/or police check.
4. Smart Aupairs will activate The Client’s profile after telephone consultation and receipt of deposit. The Agency supplies details of selected candidate(s) to The Client. If no relevant candidates are available at the time of registration, then details will be provided as soon as possible. The Client can interview some or all of the candidates supplied.
5. A placement fee becomes due the moment that The Client confirms one of the candidates. Smart Aupairs will e-mail The Client for the invoice for the placement fee and payment will automatically be taken from the card used for the deposit, unless otherwise agreed. The client must ensure sufficient funds are available. Paper invoice available on request.
6. Our fee includes a FREE 30 day replacement guarantee. (not for holiday/short term or otherwise discounted placements)
7. In the event of a candidate needing to leave during the guarantee period, either for personal reasons or due to unsuitability, The Client must notify Smart Aupairs in writing immediately stating the reasons. 
8. The Agency cannot guarantee that a suitable candidate is available for immediate replacement but existing Clients are always given priority. A replacement is offered on a like-for-like basis. Should no suitable replacement be offered within 30 days of written report, a refund may be applied for, subject to a $200 administration fee.          Refunds/replacements are subject to punctual payment of full Fee. No refunds are payable where the client requests that no replacement be found.
Unreasonable rejection of replacement candidates may result in delays and will not entitle customer to refund.
If there are reasonable grounds to consider either breach of contract (see family obligations below) or the family's treatment of the au pair to be unsatisfactory or material deviation from the role agreed with the agency, no refund or replacement will be offered. Smart Aupairs's decision will be final in this respect. 
9. Upon expiry of the guarantee period it is agreed that the engagement is satisfactory and that The Agency's obligations have been fulfilled. If the candidate leaves after the guarantee period, agency fees apply for further placements.
10. In the unlikely event that the au pair decides to cancel after initial acceptance the agency will find a replacement as per replacement guarantee. If the Client decides to cancel after the au pair has accepted, the placement fee still applies.
11. Smart Aupairs acts as an Agent for introductions and does not employ au pairs. The Client has legal obligations as an employer relevant to their State or Territory, including but not limited to Insurance, Workers compensation, Tax obligations and compliance with Working With Children Check.         
12. Every effort is made by Smart Aupairs to ensure that candidates introduced to The Client are suitable for the program. It is the responsibility of The Client to check references and to be satisfied as to the suitability of the Candidate.Smart Aupairs does not accept responsibility for any loss, damage, expense or injury resulting from an introduction. The Agency advises both the au pair and the host family to take out appropriate insurance.
13. The Agency shall not be responsible or liable for any breach by the candidate of the terms of engagement or for any other act or omission whether wilful, negligent or otherwise.
14. The Client must ensure sufficient funds are available to settle the placement fee and to pay weekly pocket money. Any related charges are payable by the Client. 
15. These terms are subject to Australian law and to the exclusive jurisdiction of the Australian courts.

The Client must accept the obligations of being a host family.

OBLIGATIONS OF A HOST FAMILY

Provide your au pair, mother’s help, nanny or tutor with;
• A written agreement (Smart Aupairs provides a sample) signed by both parties prior to or on start date in line with role agreed with agency
• Time to settle in, with your guidance, training and support
• Clear written guidance on what is expected in line with role agreed with agency (handbook, Smart Aupairs provides a guide and sample)
• Full board
• Furnished room for the au-pair's own use
• Pocket money paid weekly (according to contract with au pair) with appropriate PAYG withholding.
• Time-off and support to attend appropriate language classes
• A warm welcome as part of the family, including local transport from orientation if applicable and airport collection*
• A minimum of one week's paid holiday for every six months with the family
• Two weeks paid notice (live-in)
• Driving assesment + lessons if au pair is required to drive; access to insured and safe vehicle
• Extra pocket money for extra help
• Optional incentives to encourage a long and happy engagement, such a contribution towards transport and language classes. Our handbook offers suggestions.

If a family fails to comply with the ‘obligations of a host family’ we reserve the right to terminate the au pair placement. 

We expect host families to respect the recommendations provided in the practical guide 'what is an au pair' on our website.

The Agency provides suggested interview questions, a contract sample and a handbook sample for the convenience of The Client but The Agency cannot be held liable for this.

Fees & terms are subject to change without prior notice.

All information is presented in good faith and on the basis that Smartaupairs nor their agents or employees, are liable (whether by reason of error, omission, negligence, lack of care or otherwise) to any person for any damage or loss whatsoever which has occurred or may occur in relation to that person taking or not taking (as the case may be) action in respect of any statement, information or advice given in our material.

Smart Au Pairs - Cultural Childcare
Provided by Smart Cultural Exchange
ABN 51 719 327 731