Au Pair Program Terms and Conditions

IMMERQI GENERAL TERMS AND CONDITIONS OF PARTICIPATION

1. Definitions
In this document, the following words shall have the following meanings:
1.1. ‘You‘ and ‘your‘ means the applicant who applies and then takes part in a Placement.
1.2. ‘We‘, ‘us‘, ‘our‘ and ‘IMMERQI’ refer to ImmerQi Beijing Ltd.
1.3. ‘Placement’ refers to your host family placement and includes all members of the family.
1.4. ‘Conditions’ and ‘Agreement’ refers to these Terms and Conditions of Participation.
1.5. ‘Program’ refers to your chosen program of participation.

2. Program Specific Terms and Conditions.
2.1. Additional Program specific Terms and Conditions apply to the Au Pair China Program.
2.2. These Program specific Terms and Conditions are made a part of this Agreement by this reference. By agreeing here, you agree to abide by the current Conditions and those specific to your Program.
2.3. If there is a conflict between these Terms and Conditions and the Terms applicable to your specific Program, the latter Terms shall apply.
2.4. The Au Pair China Program Terms and Conditions can be found below.

3. Health Insurance
3.1. Prior to your arrival, you must ensure that you have a comprehensive medical, third party liability and travel insurance policy for the period of your trip.
3.2. Proof of cover must be provided to IMMERQI prior to your arrival in China and policy details must be taken with you to China. Failure to do so will result in you being unable to undertake the Program and no refund will be given.
3.3 Ensure you have had all vaccinations and immunizations required for entry into China.

4. Inoculations & Medical Advice
4.1. It is your responsibility to consult a medical doctor and to receive all the necessary inoculations and treatments in relation to China and your Placement within the prescribed period prior to your arrival.
4.2. In addition, you must bring with you any necessary/recommended medication or medical equipment at your own expense.
4.3. You should take reasonable steps to keep yourself in good health by taking any such medication and not participating in any high-risk activities that may compromise your health for the duration of your Placement.

5. Physical and Mental Health
5.1 You represent and warrant that you are in sufficient physical and mental health to participate in the Placement and do not have any physical or mental conditions that could affect your ability to participate in the Placement.
5.2 Your Placement may require you to take an additional physical health check in China. Refusing to do so or failing the check may result in being unable to undertake the Program.

6. Visas
6.1. We will provide you with information to assist you in obtaining a visa to allow you entry into China. However, you are responsible for any costs associated with obtaining a visa.
6.2. You will not be entitled to any refund of any payments you have made to us in the event that your Placement has to be cancelled or significantly curtailed due to the immigration authorities not accepting your visa as adequate in the circumstances set out in 8.1.
6.3. If you choose to withdraw your Placement and visa application prior to the lodgement of the visa application, only a partial refund of the fees paid will be refunded (see your Program’s refund policy).
6.4. Where there is a delay in receiving information from you to lodge the visa application, IMMERQI will not be held accountable for delays in determining a visa, nor will it be accountable if the dates on a visa approval are not in line with your revised start date.
6.5. IMMERQI will not be held responsible for any loss arising from the change of flights, additional accommodation costs or any other costs incurred due to delays in the visa determinations or delays with Placement start dates.
6.6. Any extension or reapplication will attract a new fee. You must contact us 3 weeks prior to your visa expiry if it requires an extension or reapplication.
6.7 Full Program fees must have been paid prior to the visa application process starting. Failure to do so by the payment deadline may cause delays in receiving your visa documentation on time.
6.8 You will not accept any other form of paid employment in China for the duration of your program.
6.9 Your visa is tied to the Program and should you leave your Placement early you may be required to depart China immediately. In this case you will no longer be an IMMERQI program participant and will be responsible for making your own arrangements to leave the country.
6.10 After receiving your visa, check the number of entries and visa expiry date. If you exit China during the Program and require a new visa you will be fully responsible for any associated fees that may arise.
6.11. You are personally responsible for keeping your important documents, such as passport, visa and temporary residence registration, safe and available. If these or other important documents are lost or stolen, you must take full responsibility for replacing these documents. ImmerQi is not responsible for assisting in extending or replacing lost visas.

7. Travel Documentation
7.1 It is your responsibility to ensure that you have a full and valid passport which is acceptable to the immigration authorities and which will be valid for the duration of and for a period of at least 6 months after your Placement.

8. Your Obligations to Us
8.1. You must comply with any reasonable requests by your Placement or by IMMERQI.
8.2. You will take care of and be responsible for any materials provided to you for your use by your Placement. You are responsible for any damage to or loss of such materials.
8.3. You are expected to adhere to our Placement Code of Conduct. This covers, but is not limited to:
a) Respecting the culture and beliefs of others, working responsibly at the Placement
b) Adhering to the dress code requirements of the Placement
c) Respecting the accommodation and other residents
d) Not consuming drugs and participating in illegal activities

9. Force Majeure (Events Beyond Our Control)
9.1 We, or your Placement shall not be in breach of our obligations under these Conditions, be responsible for delay in the carrying out of such obligations, and will not make refunds or be responsible for any costs or expenses you incur, if such breach is as a consequence of war, threat of war, terrorist activity or threat of such activity, riots, civil strife, industrial action, natural or nuclear disaster, fire, adverse weather conditions, health risks, epidemics or other circumstances beyond our control.

10. Security and Government Advice
10.1 It is your responsibility to obtain and, if necessary, clarify information in relation to the political and security situation in China, and to take any reasonable action that may be required.

11. Waiver and Release
11.1. For the purposes of this Agreement, the term “Released Parties” means and refers individually and collectively to your Placement, us, our members, our employees, our representatives and our international partners.
11.2. You hereby indemnify the Released Parties against any and all liability, loss, costs or damages (including consequential damages and pure economic loss) that may be incurred by the Released Parties as a result of claims or charges made against the Released Parties, whether at the instance of a third party or yourself, related to any injury, illness, damage, harm or death a third party or yourself may suffer arising out of your Placement.
11.3. The Released Parties may, without liability or expense to themselves, take whatever action they deem appropriate with regard to you health and safety and may place you in a hospital or health-related facility for medical services and treatment or, if no hospital or health-related facility is readily available, may place you in the hands of a local medical doctor or health provider for treatment or service.

12.Privacy Notifications
12.1. Any images or video taken of you while on an ImmerQi Program belong to ImmerQi and you waive any rights to these.
12.2. The information submitted as part of your application will be shared with potential Placements
12.3. All other personal information which you submit to ImmerQi shall not be made public, sold to a third party, or otherwise distributed or made available outside of the company in any way without your explicit permission.

13. Governing Jurisdiction
13.1. This agreement and the rights and obligations of the parties are governed by the laws of China PRC.
13.2. In the event that any provision of these Conditions, or the application thereof to any party or circumstance, should be determined by the court of proper jurisdiction to be invalid or unenforceable to any extent, the remainder of these Conditions and the application of these to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of these Conditions shall be valid and enforced to the fullest extent permitted by law and in a way consistent with the Parties’ intent as expressed in this agreement.

14. Disciplinary Procedure
14.1. The following behaviour and activities are considered gross misconduct and are unacceptable on any IMMERQI Program. Participants found engaging in such behaviours or activities will be subject to disciplinary action outlined in 14.2.:
a) Wilfully damaging, destroying or stealing property belonging to your Placement
b) Coming to or being at your Placement under the influence of alcohol or illegal drugs
c) Bringing alcoholic beverages (unless with permission), drugs or weaponry onto Placement property
d) Persistent unpunctuality, absence or unexcused absences from class
e) Using explicit or abusive language or behaviour towards your Placement or fellow Participants
f) Disclosing non-public information about your Placement to anyone outside the Placement unless explicit permission is given.
14.2. IMMERQI takes any reports of gross misconduct seriously and is committed to a confidential and full investigation into any allegations. The procedure is as follows:
a) ImmerQi Staff investigates the gross misconduct allegation
b) Any serious incidents of gross misconduct will result in immediate expulsion from the Program
c) For less serious offences, a verbal warning will be issued
c) If there is further misconduct a written warning will be issued.
d) For minor offences, a maximum of one verbal warning and two written warnings will be issued before Program expulsion
e) Expelled participants will receive no refund, in whole or part, of the Program fee and are not eligible to benefit from the support services or amenities provided. Participants will be responsible for any expenses incurred as a result of expulsion.

15. General
15.1. IMMERQI may assign this Agreement or any of its rights, or delegate our obligations, to any third party without your express written consent. You may not assign this Agreement or any of its rights or delegate its obligations without the prior written consent of us. This agreement is binding and enforceable by each party’s permitted successors and assignees.
15.2. The waiver of a breach of any Term or Condition of this agreement will not constitute the waiver of any other breach of the same or any other Term. To be enforceable, a waiver must be in writing signed by a duly authorized representative of the waiving party.
15.3. This Agreement and any form referenced herein constitutes the entire Agreement between us and you with respect to the subject matter contained and supersedes all inquiries, proposals, agreements, negotiations and commitments, whether written or oral prior to the effective date. This agreement may not be amended or modified except by written document signed by both parties.

16. Agreement
In agreeing to these Terms and Conditions you accept and confirm that you:
a) Have read and fully understand these Conditions;
b) Intend that this Agreement be legally binding and enforceable against you and your family, estate, heirs and legal representatives
c) Intend that this Agreement benefit us
d) Confirm that you are at least eighteen (18) years old, or a parent or legal guardian of a participant under 18, fully competent, and entering into this Agreement voluntarily.
e) Understand that this is a legal document
f) Have read and understood this Agreement and all of its Terms
g) Execute this Agreement voluntarily and with full knowledge of its meaning and significance

AU PAIR CHINA PROGRAM TERMS AND CONDITIONS OF PARTICIPATION

1. Definitions
In this document, the following words shall have the following meanings:
1.1. ‘You‘ and ‘your‘ means the applicant who applies and then takes part in a Placement.
1.2. ‘We‘, ‘us‘, ‘our‘ and ‘IMMERQI’ refer to ImmerQi Beijing Ltd.
1.3. ‘Placement’ refers to your host family placement and includes all members of the family.
1.4. ‘Conditions’ and ‘Agreement’ refers to these Terms and Conditions of Participation.

2. IMMERQI General Terms and Conditions of Participation
2.1. Participation in the IMMERQI Au Pair China Program is regulated by this Agreement and by the IMMERQI General Terms and Conditions of Participation.
2.2. The IMMERQI General Terms and Conditions of Participation are made a part of this Agreement by this reference. By agreeing to these Conditions, you agree to abide by both Agreements.
2.3. The IMMERQI General Terms and Conditions can be found above.

3. Application
3.1. IMMERQI shall start to find a suitable placement as soon as a full application has been received with:
a) Your CV.
b) The completed application form.
c) A professional photo and passport scan
d) A self-introduction video
e) Any other documents required by IMMERQI for the application.
f) Receipt of program fee. Failure to meet payment deadlines will result in delays and/or exclusion from the program.
g) Interview has been conducted to assess your English level and/or expectations.
3.2. IMMERQI requires a minimum of 8 weeks from the date of receipt of full application (in clause 3.1) in order to find a Placement offer and arrange visa invitation letter.
3.3. Some Placements may require an interview prior to confirming acceptance of an applicant.
3.4. You must attend any interview/s arranged by IMMERQI whether in person, via telephone or online as indicated by the Placement.
3.5 Refusal to attend interview/s will not constitute reasonable grounds for a refund.
a) If you refuse to attend an interview, IMMERQI reserves the right to request payment of remaining fees prior to any further work being carried out on the application.
b) IMMERQI has the right to refuse arranging any further interview/s or exclude you from the Program upon refusal to attend interview/s.
3.6. Should a Placement make you an offer, you will have 72 hours to accept or decline this offer.
3.7 Should you decline a Placement offer; you may be offered 1 additional Placement offer where possible. Each Placement offer will only be given one at a time and a rejected Placement offer cannot be reconsidered.
3.8. In total, IMMERQI can guarantee a maximum of three suitable host family offers. If you decline all three offers, you will no longer be eligible to take part in the program. In this case the program fee is not refunded.
3.9. Once you accept a host family offer, both parties are required to sign an agreement outlining some basic rules and commitments relating to the au pair experience.

4. Host Family
4.1. Your Placement is organized as a cultural exchange and to provide you with au pair experience. The family size, child age-range and home location cannot be guaranteed and are not valid reasons for refusing a Placement offer, cancellation, or refund.
4.2. You cannot select a specific host family for your Placement.
4.3 Refusal to accept a Placement for reasons not specified on your application will be deemed unreasonable and you will not be entitled to a refund.
4.4. IMMERQI is in no way responsible for any damages caused by you directly or indirectly during your Placement, regardless of the nature of the damages. You accept full responsibility for your actions. Ensure you purchase comprehensive insurance that covers 3rd party liability for any such damages.
4.5. This agreement in no way constitutes an employer/employee relationship. IMMERQI is the program facilitator and is not your employer, contracting organization or any other mechanism that may constitute an employer/employee relationship.
4.6. IMMERQI is under no obligation to find you an alternative Placement if:
4.6.1. You are released from your au pair duties by your Placement due to: unprofessional behaviour, inability to perform tasks due to inaccuracies on your CV with regards to experience or/and abilities including language ability, inability to physically perform required tasks, not adhering to house or family rules, leaving the Placement without prior authorization from IMMERQI or host family, your visa being cancelled due to failure to comply with immigration rules, personal health issues that may prevent temporarily or permanently from continuing your Placement.
4.6.2 You are required to work the number of hours stated in your contract. Refusal to work the hours as asked by your host family may constitute you cancelling your application and IMMERQI will be under no obligation to arrange an alternative Placement

5. Au Pair Duties
5.1. Your primary au pair responsibilities will be providing quality childcare and language practice.
5.2. By agreeing to these Conditions you understand and agree that your childcare responsibilities take precedence over your own personal and/or social life.
5.3. The childcare duties you will be responsible for may include, but are not limited to the following:
a) Providing a teaching plan or outline and tutoring the child or children in the language specified by the family.
b) Playing with the children, cleaning up the toys after play, assisting in the transportation of children to various activities and school, assisting with homework, providing general care for the children and being a good role model while on duty.
c) Minor housekeeping, such as washing the children’s dishes, tidying up the children’s rooms and making their beds. Picking up after the children in any room in which they have played.
5.4. You will not be responsible for the care of any infant less than three months of age.
5.5. You will not be responsible for overall general housework, nor responsible for cleaning up after any adult member living in the household (except for yourself).
5.6. You will be required to abide by the method of discipline as outlined by your host family. At no time should you strike a child or cause physical harm to a child.
5.7. In the event that you cause physical harm to a child, your participation in the program will cease immediately and you will be required to leave China immediately and at your own expense. You may also be liable to criminal prosecution should your host family choose to press charges.
5.8.  You are required to be extremely vigilant while supervising children. In cases where a child is injured under your care, participation in the program may be terminated immediately if requested by your Placement.

6. Working Hours and Time Off
6.1. You will be required to work a maximum of 30 hours per week.
6.2. You will have 1.5 days off per week (not necessarily including all or part of Saturday and Sunday).
6.3. You will be entitled to receive 3 days of paid vacation every 3 months.
6.3.1. The 3 days of paid vacation will need to be taken at a time agreed upon with your host family.
6.3.2. You are required to provide at least two weeks’ notice when considering taking your leave.

7. Stipend and Expenses
7.1. You will receive your stipend directly from your Placement. Your Placement stipend amount will be of 1000 RMB per month.
7.2. IMMERQI does not act as a recruitment consultant for the purpose of paying applicants. All stipends received are to be used as a living allowance and do not constitute a wage.
7.3. You should accept total responsibility for your own expenses
7.3.1. These include but are not limited to: long distance telephone calls, dry cleanings, medical expenses not covered by your insurance and any other personal expenses incurred by yourself or by your host family on your behalf.
7.3.2. Neither IMMERQI, nor the host family will accept responsibility for any personal charges or extra expenses you have incurred.
7.4. If you are transferred to another host family for any reason:
7.4.1. Your present host family may withhold your last monthly stipend in order to cover any outstanding debts you may owe.
7.4.2. Your host family must be able to provide you with a copy of the bills in order to withhold pay.
7.5. Upon successful completion of your program, you will receive a program completion bonus.
7.5.1. Should you fail to complete the program, you will not be entitled to any completion bonus.
7.5.2. You are only eligible for the completion bonus of the specific duration you have been contracted for.
7.5.3. Your completion bonus amount will be determined based on your program duration. You will be made aware of your bonus amount during your application.

8. Airfare
8.1. You are responsible for arranging and paying for your own travel (including your airfare) to the airport/station closest to your Placement.
8.2 You are responsible for arranging and paying for your return journey at the end of your Placement.
8.3. We cannot reimburse or otherwise be responsible for any flight, travel or other costs or expenses of any nature (including, for example, any charges made by airlines etc. for cancelling, changing or transferring flights or other arrangements) which are incurred or arise as a result of your Placement not proceeding or being cancelled, curtailed, withdrawn or changed due to any circumstances whatsoever.

9. Accommodation
9.1. IMMERQI will organize one night of hotel accommodation for you on your arrival day
9.2. For the remainder of your time in China your Placement will provide accommodation within the family home. You will be in a private room unless stated otherwise in your Placement offer.
9.3. If you arrive outside of the assigned Program pick up day you will be required to make your own way to the hotel or pay an additional 350 RMB for airport pick up. Should you arrive earlier than the official arrival date you will also need to arrange your own accommodation for the extra night/s.
9.4. You should abide by any mutually agreed upon house rules as set forth in the written agreement with your host family. This might include, but is not limited to, rules regarding houseguests and curfew.
9.5. You are responsible for keeping your personal living space clean and tidy.
9.6. You are liable to the host family directly for any damage to property and/or household items caused by your own negligence and/or actions. You will be required to pay for any damage to property and/or household items.
9.7. Meals will be provided by your Placement. If you wish to eat outside of your Placement, you should do so at your personal expense and inform your Placement in advance.

10. Cancellation and Postponement
10.1. No refund will be offered if you choose to end the Placement early for any reason. Your Program expenses are paid in advance by IMMERQI and are non-refundable to us. Your visa is tied to the program and should you leave your Placement early you may be required to depart China immediately.
10.2. No alternative Placement will be offered if you leave your Placement within the initial four weeks (except as detailed in 10.3). The initial period of four weeks is for settling in and learning about your Placement culture and daily life.
10.3. IMMERQI will immediately remove you from your Placement in the case of severe host family negligence. Host family negligence is limited in definition to the following:
a) Sexual harassment or discrimination
b) Inability of the host family to offer the agreed Placement
10.3.1. In the case of severe host family negligence, IMMERQI will provide you with alternative accommodation for up to 5 days.
10.3.2. After this 5-day period you will be given the option to request another Placement or to leave China.
10.4. In the event that you request another Placement due to the reasons mentioned in Section 10.3., IMMERQI will provide you with one alternative.
10.5. In the case of less severe issues IMMERQI will act as a third party to try to resolve any conflicts between yourself and your host family.
10.6. If you wish to request a new Placement, you are required to give your host family and IMMERQI at least two weeks written notice (except in cases detailed in 10.3) and provide valid reasons for your decision.
10.7. If you wish to leave the program, you are required to give your host family and IMMERQI at least four weeks written notice (except in cases detailed in 10.3).
10.8. In the event you postpone your Placement start date after the Placement has been confirmed then a maximum of three (3) months is allowed at no extra cost providing the Placement agrees to the postponement. In the event the Placement is unable to accommodate the postponement, IMMERQI will be unable to issue a refund.
10.9. You may postpone your Placement start date within 2 weeks of submitting your application at no extra cost providing the Placement has not been confirmed. Postponements after 2 weeks from submitting the application will incur an extra administration fee. Postponing within 4 weeks of the arrival date may result in additional charges.

11. Termination of Agreement
11.1. We have the unilateral right to terminate, without prior warning, this Agreement by written notice (“Unilateral Termination”) and no alternative Placement will be offered in the event of you being asked to leave your Placement for any of the following reasons:
a) Negligence in terms of misconduct or disobeying Placement procedures and policies
b) Inability to perform duties required by your Placement due to inaccurate information provided in your initial application
c) Leaving your Placement without informing IMMERQI at least two weeks prior and/or without being given approval to do so by IMMERQI
d) Taking time off for holidays, personal reasons without prior agreement from your Placement
e) Taking sick leave without providing your Placement with an adequate medical certificate if asked to do so
f) Changing working hours without prior permission from your Placement
g) Demanding additional payments from your Placement
h) Acting in a way that adversely affects your Placement.
11.2. In the event of Unilateral Termination:
a) You will be required to leave your Placement immediately; and
b) You will not receive your monthly stipend or completion bonus
c) We accept no responsibility for any costs, expenses or losses suffered as a result of Unilateral Termination. You will not receive a refund or any other compensation.
d) We accept no responsibility for any costs, expenses or losses suffered as a result of termination by you for personal reasons. You will not receive a refund of any payments you have made or receive any other compensation.

12. Agreement
In agreeing to these Terms and Conditions you accept and confirm that you:
a) Have read and fully understand these Conditions;
b) Intend that this Agreement be legally binding and enforceable against you and your family, estate, heirs and legal representatives
c) Intend that this Agreement benefit us;
d) Confirm that you are at least eighteen (18) years old, or a parent or legal guardian of a participant under 18, fully competent, and entering into this Agreement voluntarily.
e) Understand that this is a legal document
f) Have read and understood this Agreement and all of its Terms
g) Execute this Agreement voluntarily and with full knowledge of its meaning and significance