Terms & Conditions
I, the undersigned (the Au Pair), have applied to become an Au Pair with AIFS Au Pair Au Pair in Australia (the Program), offered by the American Institute for Foreign Study (Australia) Pty Ltd (AIFS) ABN 58 087 638 499.
I understand that this is a cultural exchange arrangement in which I will Au Pair on a Working Holiday visa (416), or Work & Holiday visa (462), and I will live with a family for a minimum of 6 months, unless the placement is terminated earlier in accordance with these Terms.
I acknowledge and agree that the Program is offered to us by AIFS subject to these Terms and Conditions (Terms). I 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 AIFS and I, the Au Pair; b) an employment or agency relationship between any of AIFS’ employees, agents or contractors and us;
c) an employment or agency relationship between the Au Pair and AIFS.
I warrant to AIFS that all the information provided by me in the application is true and correct.
1. Eligibility & Compliance
a) I will comply with all visa and screening requirements. I will be responsible for maintaining a valid passport and complying with all vaccinations and immunisation requirements.
b) I will review all training and preparatory materials provided to me before and upon arrival in Australia, and attend all sessions during the orientation program held at AIFS’ Sydney centre or delivered online. d) I will abide by all appropriate regulations and instructions of the Australian Government and obey all applicable laws.
e) At the completion of my stay I will return to my home country on or before the expiry of my ‘duration of stay’ as determined by Australian immigration and will not attempt to return subsequently to Australia without a valid and current visa. f) I will apply for a National Police Clearance Certificate from my home country. I will only use an accredited agent, as referred by AIFS Au Pair. I understand and accept this will be an additional cost.
a) As a participant on the Program, I understand that this is a cultural exchange program and I will endevour to do my best to actively engage with my family and th wider community.
b) I will provide childcare up to 35 hours per week and not more than 10 hours per day, for a period not exceeding 6 months. I understand that I may request an extension of my placement and will follow the steps provided by AIFS in the required timeframe.
c) I will complete my duties and other responsibilities to the best of my ability and with due respect, and I will adhere to the these terms and the guidelines in the AIFS Handbook.
d) I understand the support system provided by the Australian office and will maintain monthly contact with AIFS. I will co-operate fully with those supervising my Program on my behalf for AIFS and I agree to abide by any reasonable instructions they may give.
f) I will not accept any form of employment that interferes with my current placement with my Host Family.
3. Program Fees & Other Costs
a) I agree to pay the Program Fees, which are listed on AIFS Au Pair in Australia’s website and are subject to change. The Program Fees are payable in accordance with the following schedule:
1st Payment: Payable prior to your Interview with AIFS.
2nd Payment: Payable upon confirmation of your placement
If the Program Fees are not paid in accordance with the schedule, AIFS reserves the right to remove the Au Pair from the Program with no refund being payable.
b) I understand that I am responsible for my return airfare and insurance to Australia, and quarantine or other costs associated with my arrival in Australia, my visa, any vaccines or immunisation required under the Program, a police check and the costs of obtaining a medical check.
c) While living with my Host Family I will be responsible for all personal debts, such as my mobile calls and internet costs.
d) I understand that I am responsible for any costs following the completion of my Program including flights, accommodation and transfers. I understand that my Host Family is responsible for the cost of transport from my Australian arrival port their home.
e) I understand that in the event of an insurance claim, the Host Family will be responsible for paying any excess relating to that claim. If I cause an accident or damage as a result of negligence, the Host Family agrees to limit any claim against me to a maximum of $1000 regardless of the excess amount listed in the Host Family’s insurance policy. If the excess is less than $1000, the Host Family agrees to limit any claim against me to the excess amount listed in the policy. Negligence will be determined only if the accident/damage was witnessed and/or corroborated by an independent third party witness.
4. Cancellations and Refunds
No refund is applicable to the 1st Payment.
If I wish to cancel my program greater than 14 days prior to my scheduled start date I will be eligible for a 50% of my 2nd Payment.
I understand that if I withdraw or cancel from the Program for any reason, within 14 days prior to the commence of my placement, I shall be entitled to a 30% refund of my 2nd Payment.
No refund will be payable within 48 hours of the schedules date of arrival or thereafter.
Refund requests must be made in writing to AIFS.
5. Background Information & Privacy
a) For the purpose of facilitating the placement I agree to complete and pay for a National Police Check.
b) I agree to AIFS making reasonable inquiries to the referees I supply for the purpose of determining my suitability to become an Au Pair. Any disclosures made to AIFS by a third party will be handled in accordance with the terms of the Australian Privacy Act 1998.
c) I confirm that all information supplied to AIFS is accurate and complete. AIFS reserves the right to decline an Au Pair application. AIFS takes reasonable precautions to protect personal information from loss, misuse, unauthorised access, unauthorised disclosure, alteration and destruction.
d) I understand that AIFS will forward my details to its Sydney office and prospective Host Families in order to facilitate a placement for me. By providing information to AIFS, I consent to the processing of this information in accordance with Terms of the Program and the Australian Privacy Act 1998.
e) I understand that failing to provide full and accurate responses to the questions asked in this application, on the medical report form, at interview and on all ancillary documents, may result in the rejection of my application or termination from the Program. I hereby warrant that the information I have given in the application form completed by me is accurate. I also declare that all qualifications gained and certificates and references provided, including photocopies are genuine.
a) I agree that I will perform my duties as an Au Pair to the best of my ability and indemnify AIFS, its staff, agents and all affiliated organisations from any damages, losses or claims resulting from my participation on the Program.
b) I agree that AIFS may take such actions as it considers necessary regarding my health and safety during my time on the Program, including securing medical treatment for me and transporting me to my home country. I release AIFS from any liability relating to the medical care received, and agree to pay for any medical or transportation expenses that are not covered by the insurance I purchase at my own cost.
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 up to 14 days 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 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.
Notwithstanding the above, where a Host Family terminates the placement as a result of an Au Pair’s negligence or gross misconduct, a Host Family will be entitled to immediately terminate the placement, including the immediate removal of the Au Pair from its residence.
If AIFS determines that a placement cannot continue, it will provide assistance to the Host Family and the Au Pair to discontinue the placement, including, finding a replacement Au Pair for a Host Family for the time remaining of the placement. Replacement is subject to availability and AIFS cannot guarantee that a candidate will be available for an immediate start.
8. Child Protection & Safeguarding
AIFS is committed to Child Protection and the Safeguarding of Children. I acknowledge that AIFS 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. I understand that if AIFS becomes informed that the 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 Au Pair.
AIFS’ Child Protection and Safeguarding Policy and Reporting Framework, Child Protection and Safeguarding Code of Conduct and Complaints and Feedback Policy (collectively, AIFS’ Policies) can be located on the DOWNLOAD CENTRE page of AIFS' website and may be updated from time to time.
I acknowledge that AIFS’ Policies form part of these Terms and agree to be bound by and act in accordance with them.
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.
i) I declare that I have never been charged with a criminal offence.
9. 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 AiFS and the Au Pair, 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.
10. Force Majeure
If the placement is cancelled due to Force Majeure AIFS will endeavour to find a another placement however AIFS 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 AIFS.
11. Release of Claims Against AIFS
I unconditionally release AIFS from any claims for damage, injury, loss, or expense of any sort incurred in connection with becoming an Au Pair on the Program. This release includes, but is not limited to, liability for any intentional or negligent acts or omissions by me while my Program is active.
Every effort is made by AIFS to ensure the suitability of the Host Families and Au Pairs who apply to the Program however it is the responsibility of the Au Pair to be satisfied as to the appropriateness of the Host Family they select for their placement.
12. Privacy Consent
I understand that the application to the Program requires me to disclose sensitive and personal information. I understand that this application will be sent to AIFS and AIFS will then forward my application to prospective host families in an effort to obtain a placement for me in the Program.
In the unlikely event of a legal claim, lawsuit or arrest in connection with my participation in the Program, it may be necessary to provide my application to attorneys or insurers, if AIFS receives a valid court order or subpoena, to whatever entity is determined to have a legal right to obtain this information.