This Agreement is made between:

(1) SHS LLP, a limited liability partnership registered in England and Wales with registration number OC388513 and whose registered office is at Sycamore Farmhouse, 66 The Village, Strensall, York YO32 5XA (hereinafter referred to as “SHS”, “we” or “us”) and

(2) You.

1. DEFINITIONS

“Acceptance” or “Accepted” means written confirmation to SHS that an Au Pair candidate recommended by SHS has been accepted. Acceptance takes place when it is received by SHS.

“Agreement” means the agreement between us on these terms. By signing the Registration Form and returning it to us, you confirm your acceptance of these terms. These terms may not be varied unless any variation is confirmed in writing and signed by or on behalf of SHS.

“Au Pair” means any Au Pair registered with us whether proposing to offer services as an Au Pair, Au Pair plus or Au Pair Study Buddy.

“Family Information” or "Personal Information" means any information whether on the Family Registration Form or Au Pair Registration Form or otherwise.

“Fees” means the fees SHS charges for its services as set out on our Website or otherwise notified by us to you.

“Letter of Invitation” means a letter addressed to the Accepted Au Pair confirming his/her placement with you as an Au Pair and signed by you;

“Privacy Policy” means the way in which we handle personal information as set out on our website and updated as necessary from time to time.

“Reservation” shall have the meaning set out in clauses 3.2 and 3.3.

“Services” means the Au Pair placement services.

“Website” means www.schoolholidaysolutions.co.uk

2. REGISTRATION

2.1 In order to obtain our Services, you must complete and sign a Registration Form and agree to these terms and conditions. You must return the Registration Form to us either by submitting it electronically via our website or by post to the office address provided in our contact details.

2.2 The Agreement between us shall become legally binding from the date on which we receive your completed and signed Registration Form.

2.3 You promise that all of the Family Information or Personal Information you provide to us is true and complete and you will let us know immediately if there are any changes.

2.4 The fees for our Services become due and payable once an SHS Au Pair has been accepted as set out at clause 5 below.

3. WHAT WE AGREE TO DO FOR YOU:

F3.1 For Families, SHS will do its professional best to:

F3.1.1 recommend an Au Pair or selection of Au Pair candidates which in our professional opinion matches your requirements based on the Family Information you provided; and

F3.1.2 arrange for you to contact the Au Pair candidate(s) you have chosen from the selection.

F3.2 Once we receive your Acceptance and subject to clauses 4 and 5, SHS will:

F3.2.1 reserve your chosen Au Pair for seven (7) days commencing on the date your Acceptance was received by SHS (the “Reservation Period”); and

F3.2.2 request the Au Pair to make all necessary travel arrangements to fulfil the placement and to advise you accordingly.

F3.3 In the event that you fail to pay SHS’ fees within the Reservation Period, the Au Pair will become available for reservation by other families.

F3.4 SHS offers no guarantee or warranty that it will be able to recommend an Au Pair for you if the potential Au Pairs registered with us are not suitable to meet your Family's requirements in our professional opinion.

F3.5 We may revise the Terms of this Agreement from time to time and we shall notify you of any such revisions. You agree that your continued use of the Services thereafter shall be deemed acceptance by you of such changes.

AP3.1 For Au Pairs, SHS will do its professional best to

AP3.1.1 recommend a Family or Families which in our professional opinion match your requirements based on the Personal Information you provided; and

AP3.1.2 arrange for the Family or Families who have expressed an interest in you becoming their Au Pair to contact you.

AP3.2 Once you and a Family have agreed the placement, your Placement Fee will become payable within seven (7) days thereafter.

AP3.3  In the event that you fail to pay SHS' fees within the seven (7) day period stipulated in clause AP3.2, the Family may select another SHS Au Pair.

AP3.4 SHS offers no guarantee or warranty that it will be able to recommend a Family for you if the Families registered with us do not meet your requirements in our professional opinion.

AP3.5 We may revise the terms of this Agreement from time to time and we shall notify you of any such revisions. You agree that your continued use of the Services thereafter shall be deemed acceptance by you of such changes.

4. WHAT YOU MUST DO AS A FAMILY REGISTERED WITH SHS:

4.1 Once you have submitted a Family Registration Form to us, you shall keep us provided with accurate and up-to-date Family Information at all times and notify us of any changes immediately in order to enable us to provide you with the Services.

4.2 You shall provide us with the Letter of Invitation upon your Acceptance of the Au Pair candidate and within the Reservation Period.

4.3 You shall be responsible for organising with your Au Pair how he/she will reach your family home when he/she arrives in the United Kingdom.

4.4 If your Au Pair does not arrive in the United Kingdom at the time and place agreed you will advise us immediately whatever the time of day or night on our 24 hour contact line details of which will have been provided to you before the placement begins.

4.5 If we have reasonable grounds to believe that any unlawful activity may or has taken place during the placement, we may take such action as we think fit.

4.6 If we have reasonable grounds to believe that you have taken on an Au Pair candidate introduced to you by us without telling us, you will be liable to pay the Fees and we shall take such steps as are necessary to recover the Fees.

5. FEES

5.1 Fees for the Services shall be as set out on our Website at the time of Acceptance.

5.2 All Fees shall become due and payable at the time of Acceptance  and must be paid within 7 days of Acceptance.

6. DISCHARGE OF THIS AGREEMENT

6.1 We may discharge this Agreement by:

6.1.1 performance namely, by providing the Services; or

6.1.2 giving you notice that we are unable to find a suitable Au Pair candidate or Family to meet your requirements.

6.2 Events that shall discharge this Agreement by breach include:

6.2.1 non-payment of the Fees in breach of clause 5;

6.2.2 non-provision to us of the Letter of Invitation in breach of clause 4.2;

6.2.3 if we have reasonable grounds to believe that there has been misuse of the Services; and

6.2.4 if we have reasonable grounds to believe that you have provided us with false, inaccurate or misleading information.

6.3 In the event that this Agreement is terminated save by reason set out in clause 6.1.2, we shall be entitled to claim or retain all Fees to paid or to be paid to us as the case may be. You agree that the Fees claimed or retained represent a genuine pre-estimate of loss that we would suffer as a result of the termination.

7. PRIVACY POLICY AND DATA HANDLING

7.1 The way in which we handle personal information is set out in our Privacy Policy which can be accessed on our Website.

7.2 In order for us to provide you with the Services, it is necessary for us to share your Family Information or Personal Information with relevant third parties. By engaging our services under this Agreement you agree to our data handling as set out in our Privacy Policy.

8. EXCLUSIONS AND LIMITATION OF LIABILITY

8.1 Our Agreement is for the provision of Au Pair placement services on these terms. You therefore acknowledge that:

8.1.1 the SHS Au Pair does not have employment or any other similar relationship with us;

8.1.2 we shall not be liable in any way in respect of the relationship between the Family and the SHS Au Pair; and

8.1.3 we shall not be held responsible in any way for the character and suitability of the Au Pair, accuracy of references, medical certificates and personal details supplied by the Au Pair.

You are advised to seek independent legal advice in respect of any issues arising out of the relationship between the Family and the Au Pair.

8.2 Subject to clause 8.3, we shall not be liable for: 


8.2.1 any indirect or consequential losses; 


8.2.2 loss of expectations, anticipated savings, loss of profit, loss of data, loss of business, loss of contract, loss of goodwill and reputation; and 


8.2.3 any other losses however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable and arising out of or in connection with the terms of this Agreement.

8.3 Nothing in the terms of this Agreement shall limit or exclude our liability in respect of death or personal injury.

8.4 Our liability under, arising from or in connection with the terms of this Agreement, whether arising in contract, tort (including negligence) or otherwise, shall not exceed the Fees paid by you for the Services.

9. MISCELLANEOUS

9.1 This Agreement and the terms herein are personal to you and you may not transfer the contract to a third party at any time. We may transfer the contract to any third party at any time.

9.2 No waiver by us of any of the terms of this Agreement or remedies available to us shall be effective unless expressly communicated to you in writing.

9.3 If any of the terms of this Agreement are unenforceable by law, the remaining terms shall continue to be effective.

9.4 In entering into this Agreement, none of us has relied on any representation, undertaking or promise given by the other(s) or implied from anything said or written in negotiations except as expressly stated in the terms of this Agreement.

9.5 This Agreement is governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.