Terms and Conditions
The agreements between your family and Au Pair Agency Mondial, from registration to the end of the placement.
Mondial Au Pair Agency
Article 1. Definitions
1.1 In these general terms and conditions, the terms listed below are used with the meanings set forth below, unless expressly stated otherwise:
a. Au Pair Agency Mondial B.V.: the party to these general terms and conditions: Au Pair Agency Mondial B.V., located at Vaandrigstraat 13 in Etten-Leur, registered with the Chamber of Commerce under registration number 97381160;
b. Client: the natural person who wishes to register with Au Pair Agency Mondial B.V. or who has registered with Au Pair Agency Mondial B.V.;
c. host family: the client’s family with whom the au pair will be staying or is currently staying;
d. agreement: the agreement between Au Pair Agency Mondial B.V. and the client;
e. au pair: a foreign national who comes to the Netherlands to become acquainted with Dutch society and culture, who stays temporarily with a host family, and who, in exchange for room and board, performs light household chores for the host family and/or assists in the care of the child or children who are part of the host family;
f. placement agreement: the agreement entered into between the host family and the au pair through the mediation of Au Pair Agency Mondial B.V. (which is not an employment contract).
Article 2. General Provisions
2.1 These general terms and conditions apply to every offer, quotation, and agreement between Au Pair Agency Mondial B.V. and the client, as well as to all services provided by Au Pair Agency Mondial B.V.
2.2 Any deviations from these general terms and conditions are valid only if they have been expressly agreed upon in writing or via email.
2.3 If one or more provisions in these general terms and conditions are found to be void or are set aside, the remaining provisions of these general terms and conditions shall remain in full force and effect. Au Pair Agency Mondial B.V. shall replace the void or set-aside provisions, taking into account, to the greatest extent possible, the purpose and intent of the original provision(s).
2.4 If Au Pair Agency Mondial B.V. does not consistently require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that Au Pair Agency Mondial B.V. would in any way lose the right to require strict compliance with the provisions of these terms and conditions in other cases.
2.5 Au Pair Agency Mondial B.V. reserves the right to amend these terms and conditions.
Article 3. Offer
3.1 All offers and quotations from Au Pair Agency Mondial B.V. are non-binding.
3.2 Au Pair Agency Mondial B.V. cannot be held liable for obvious typographical errors or mistakes on the website, in quotes, brochures, forms, or the agreement.
3.3 All prices, rates, and fees listed include VAT.
3.4 Offers or quotations do not automatically apply to future agreements.
Article 4. Formation of the Agreement
4.1 Before the agreement is concluded, Au Pair Agency Mondial B.V. will verify whether the host family is suitable for the cultural exchange program. Au Pair Agency Mondial B.V. reserves the right, based on the results of this verification, to decide not to enter into an agreement with the client.
4.2 The agreement is concluded once the client has signed it.
4.3 These general terms and conditions will be made available to the client prior to or at the time the agreement is concluded.
4.4 Upon the conclusion of the agreement, the client must pay Au Pair Agency Mondial B.V. an intake fee.
Article 5. Client Information
5.1 The client must notify Au Pair Agency Mondial B.V. of any changes to their personal information—such as a change of address or phone number—in writing or by email, in advance whenever possible.
5.2 Au Pair Agency Mondial B.V. processes personal data in accordance with the Personal Data Protection Act.
Article 6. Withdrawal
6.1 As long as Au Pair Agency Mondial B.V. has not yet found a suitable au pair for the client, the client may request to be removed from Au Pair Agency Mondial B.V.’s records. Such a request must be submitted to Au Pair Agency Mondial B.V. in writing or via email. Upon receipt of this request, Au Pair Agency Mondial will send the host family written confirmation of the deregistration. The intake fee paid will not be refunded to the host family.
Article 7. Performance of the Agreement
7.1 The services provided by Au Pair Agency Mondial consist primarily of Au Pair Agency Mondial acting as a careful intermediary between the client and an au pair within the framework of a cultural exchange program.
7.2 Once the placement agreement has been concluded, Au Pair Agency Mondial supervises the au pair. Au Pair Agency Mondial ensures that the au pair’s stay with the host family is truly focused on cultural exchange. If necessary, Au Pair Agency Mondial advises the host family on how to support the au pair.
7.3 Au Pair Agency Mondial is a recognized sponsor by the Immigration and Naturalization Service (IND).
7.4 Au Pair Agency Mondial guarantees that it conducts its (placement) activities in accordance with legal requirements.
7.5 Au Pair Agency Mondial will make every effort to find a suitable au pair, but cannot guarantee that it will do so. Au Pair Agency Mondial will perform its services to the best of its ability and with the diligence expected of a professional. However, Au Pair Agency Mondial cannot guarantee the achievement of any intended result.
7.6 If Au Pair Agency Mondial has found an au pair for the client, Au Pair Agency Mondial will notify the client. If the client wishes to enter into a placement agreement with the proposed au pair, Au Pair Agency Mondial will apply for a residence permit or visa for the au pair, if required by law. Au Pair Agency Mondial cannot guarantee that the residence permit or visa will be issued. If the residence permit or visa is granted, Au Pair Agency Mondial will take the necessary steps to arrange for the au pair to travel to the Netherlands.
7.7 Au Pair Agency Mondial informs the client of all laws and regulations that apply to the host family in connection with taking in an au pair.
Article 8. Costs
8.1 The costs of applying for a residence permit or visa are the responsibility of the client. If the residence permit or visa is not granted, the costs associated with applying for the residence permit or visa will not be refunded, unless the client can demonstrate that the refusal to grant the residence permit or visa is due to an act and/or omission on the part of Au Pair Agency Mondial.
8.2 The travel expenses for the au pair’s trip to the Netherlands are to be paid by the host family.
8.3 The costs described in Articles 8.1 and 8.2 will be billed to the client in advance. If, for any reason whatsoever, no placement agreement is concluded between the au pair and the client, these costs will not be refunded to the client.
8.4 The cost of the au pair’s return flight to his or her home country shall be borne by the host family, unless the au pair is placed with another host family after the placement agreement is signed.
Article 9. The Placement Agreement
9.1 Au Pair Agency Mondial provides the client with a placement agreement.
9.2 The placement agreement is concluded once the client and the au pair have signed it.
9.3 The au pair receives a residence permit under the cultural exchange program for a maximum of 1 year. This residence permit cannot be extended. Therefore, the term of the placement agreement is a maximum of 1 year. Upon expiration of the placement agreement, the au pair returns to his or her country of origin.
9.4 The placement agreement includes, among other things:
a. the names and contact information of the host family and the au pair;
b. the start date and end date of the placement agreement;
c. the notice period that the parties must observe if either party wishes to terminate the placement agreement before its expiration;
d. what tasks the au pair performs for the host family and what facilities the host family provides and/or makes available for that purpose;
e. the au pair's allowance;
f. the number of hours the au pair will work for the host family.
Article 10. Brokerage Fee
10.1 Once the placement agreement has been concluded, the client owes Au Pair Agency Mondial a placement fee. The amount of the placement fee is specified in the agreement between the client and Au Pair Agency Mondial.
Article 11. Obligations of the Client and the Host Family
11.1 The client shall ensure that all information that Au Pair Agency Mondial specifies as necessary for the performance of the agreement—such as, but certainly not limited to, a valid identification document of the client, recent photos of the host family, and a letter in which the host family introduces itself to the au pair—is provided to Au Pair Agency Mondial in a timely manner.
11.2 The host family must consist of at least two people, including at least one child.
11.3 The host family’s income must be at least equal to 150% of the gross minimum wage.
11.4 The client must provide all cooperation necessary for the proper performance of the agreement.
11.5 The client warrants that it complies with all applicable legal regulations regarding serving as a host family for an au pair. This is also important to prevent the au pair from being considered a foreign national within the meaning of the Foreign Nationals Employment Act. In addition, the host family warrants that all members of the host family will comply with these general terms and conditions and with the obligations imposed on them by law and regulations, and that the members of the host family will not act contrary to public morals.
11.6 The host family must pick up the au pair at the airport and must take the au pair to the airport upon termination of the placement agreement.
11.7 The client must, among other things, ensure that:
a. the au pair performs only light household chores and/or assists with the care of the child or children;
b. the au pair works for the host family for no more than 30 hours per week;
c. the au pair works for the host family for no more than 8 hours a day;
d. the au pair has at least 2 days off per week, including at least one consecutive weekend per month;
e. The au pair is entitled to 2 weeks of leave per 12 months. If the placement agreement is for less than 12 months, the number of weeks of leave must be determined on a pro rata basis.
11.8 The client is not permitted to have the au pair perform work outside the host family’s home.
11.9 The client is required to take out au pair insurance that covers costs and/or damages related to accidents, illness, and liability. The costs of this insurance are the responsibility of the client.
11.10 If Au Pair Agency Mondial wishes to check on the au pair’s situation with the host family, the client must cooperate with this investigation.
11.11 If the placement agreement has a term of more than 3 months, the client must register the au pair with the Municipal Basic Administration of the municipality where the host family resides.
11.12 The au pair must be integrated into the host family. This means, among other things, that the au pair participates in the family’s daily activities. The host family must make an effort to help the au pair become familiar with Dutch culture.
11.13 The au pair must live at the host family’s address. It is not permitted to house the au pair at a different address. The au pair must have a room to themselves, and the room must have a comfortable bed, a desk (table) with a chair, at least one window that opens, working heating, and a TV. The au pair must have access to the bathroom. The host family’s home must have a working internet connection.
11.14 The host family is not permitted to charge the au pair for her stay in their home and/or for her basic living expenses.
11.15 If certain (house) rules apply within the host family, the employer must clearly communicate these (house) rules to the au pair.
11.16 The host family is required to provide the au pair with an allowance. The allowance is capped at €340 per month.
11.17 The client shall indemnify Au Pair Agency Mondial against any claims by third parties who suffer damage in connection with the performance of the agreement and for which the client is responsible.
11.18 The client is required to promptly inform Au Pair Agency Mondial of any facts and circumstances that may be relevant to the performance of the agreement, such as a change in the family composition, a change in the host family’s income, or the au pair’s departure.
Article 12. Position of Au Pair Agency Mondial
12.1 Au Pair Agency Mondial is not a party to the placement agreement between the au pair and the host family. Au Pair Agency Mondial serves solely in an intermediary, supervisory, and supportive capacity.
12.2 Au Pair Agency Mondial is in no way liable to the client for the au pair’s behavior, actions, statements, disclosure of information, etc.
12.3 Au Pair Agency Mondial is not liable for any damage caused to the host family or to third parties by the au pair. Nor is Au Pair Agency Mondial responsible or liable for the quality of the work performed by the au pair.
Article 13. Payment
13.1 The client must pay the invoices received from Au Pair Agency Mondial within 14 days of the invoice date.
13.2 If the client fails to pay Au Pair Agency Mondial’s invoice within 14 days, the client is in default. In the event of late payment, Au Pair Agency Mondial will send the client a payment reminder. If the client fails to respond to the payment reminder, Au Pair Agency Mondial may refer the claim to a bailiff’s office or a collection agency. From the moment the client is in default until the full invoice amount is paid, the client will owe statutory interest.
13.3 Any payment made by the client shall first be applied to the interest due and then to the collection costs. Only after these amounts have been paid shall any payment made by the client be applied to the outstanding principal.
Article 14. Complaints About the Au Pair
14.1 If the au pair fails to perform her duties or does not perform them properly, the host family must first address the issue with the au pair. If this does not have the desired effect, the host family may file a complaint with Au Pair Agency Mondial. If Au Pair Agency Mondial determines that the complaint is justified, Au Pair Agency Mondial will mediate between the host family and the au pair to resolve the complaint.
14.2 The fact that the host family can file a complaint about the au pair with Au Pair Agency Mondial does not mean that Au Pair Agency Mondial can be held responsible in any way for the au pair’s actions or omissions.
Article 15. Liability and Statute of Limitations
15.1 Au Pair Agency Mondial cannot be held liable for any damages that are a direct or indirect result of:
a. an event that is, in fact, beyond its control and therefore cannot be attributed to its actions or omissions, as described, among other things, in Article 16 of these general terms and conditions;
b. any act or omission on the part of the client.
15.2 Au Pair Agency Mondial is not liable for any damages, of any kind, resulting from Au Pair Agency Mondial’s reliance on incorrect and/or incomplete information provided by the client.
15.3 Au Pair Agency Mondial does not guarantee the accuracy of the information provided by the au pair. Au Pair Agency Mondial is therefore not liable if it turns out that the au pair has provided incorrect and/or incomplete information to the host family and/or to Au Pair Agency Mondial.
15.4 Au Pair Agency Mondial is never liable for indirect damages, including consequential damages and lost savings.
15.5 If Au Pair Agency Mondial is found liable for any damages, its liability is limited to the amount of the payment made by Au Pair Agency Mondial’s insurer. If, in any case, the insurer does not make a payment or the damages are not covered by the insurance, Au Pair Agency Mondial’s liability is limited to the placement fee charged to the client.
15.6 The limitations on liability for direct damages set forth in these general terms and conditions do not apply if the damages are attributable to willful misconduct or gross negligence on the part of Au Pair Agency Mondial.
15.7 Any claims and other rights of the client against Au Pair Agency Mondial, for whatever reason, shall in any event expire one year after the occurrence of an event that would allow the client to exercise such claims and/or rights against Au Pair Agency Mondial.
Article 16. Force Majeure
16.1 Au Pair Agency Mondial is not obligated to fulfill one or more obligations under the agreement if it is prevented from doing so as a result of force majeure. Force majeure includes, among other things, a failure on the part of engaged third parties, obstacles caused by third parties, illness or personal (family) circumstances of the individual performing the agreement on behalf of Au Pair Agency Mondial, internet and telephone outages, weather conditions, government measures, as well as any other situation over which Au Pair Agency Mondial has no (decisive) control.
16.2 In the event of force majeure, Au Pair Agency Mondial is not obligated to compensate the client for any damages incurred as a result, except to the extent that Au Pair Agency Mondial has derived a benefit from the force majeure situation that it would not have had had it performed its obligations properly.
Article 17. Termination and Suspension
17.1 Au Pair Agency Mondial is authorized to suspend performance of its obligations or to terminate the agreement by means of a written notice if:
a. the client fails to fulfill, or fails to fully fulfill, the obligations under the agreement, the installation agreement, or those arising from laws and regulations;
b. circumstances that come to the attention of Au Pair Agency Mondial after the agreement has been concluded give good reason to fear that the client will not fulfill its obligations.
17.2 Furthermore, Au Pair Agency Mondial is authorized to terminate the agreement (or have it terminated) if circumstances arise that are of such a nature that performance of the agreement is impossible or can no longer be reasonably expected, or if other circumstances arise that are of such a nature that continued enforcement of the agreement without modification cannot reasonably be expected.
17.3 If the agreement is terminated, both parties must make every effort to reach a satisfactory solution regarding the au pair’s departure and/or housing.
Article 18. Breach by the Client
18.1 If the client fails to comply with the placement agreement and/or other agreements between the client and the au pair and/or the legal obligations incumbent upon the client as an au pair host family, Au Pair Agency Mondial may report this to the IND.
18.2 Any additional costs incurred by Au Pair Agency Mondial and/or any damages suffered by Au Pair Agency Mondial because the client fails to fulfill its obligations toward Au Pair Agency Mondial and/or toward the au pair and/or those arising from laws and regulations, not in a timely manner, or not properly, or because the client acts unlawfully toward Au Pair Agency Mondial, shall be borne by the client or shall be reimbursed by the client, respectively. “Damages” shall also be understood to include reputational damage suffered by Au Pair Agency Mondial as a result of the client’s acts and/or omissions.
Article 19. Governing Law and Jurisdiction
19.1 Dutch law governs every agreement between Au Pair Agency Mondial and the client.
19.2 All disputes arising from agreements between the client and Au Pair Agency Mondial shall be submitted to the competent court in the judicial district where Au Pair Agency Mondial is located. The client has one month from the time Au Pair Agency Mondial invokes this provision in writing against the client to choose the court with jurisdiction under the law to settle the dispute.