Terms and Conditions

Updated November 2024

The following rules govern the conduct of people who register as a host family and pay a non refundable registration fee with Momiji Co; hereinafter referred as "host family".

Please read the Terms and Conditions carefully before using our Services.

By registering as a host family, you acknowledge and agree that the program is offered by Momiji Co subject to these Terms and Conditions (Terms). You accept these Terms and agree to be legally bound by them.

1. Definitions

1.1 The terms “Momiji Co”, “we” and “our” refer to Momiji Co and it’s agents, ABN 61478700801

1.2 The terms “Host family”, “they”, “you”, and “your” refer to the family requesting introductions to Au Pairs or Demi Pairs through Momiji Co.

1.3 The terms “Au Pair” refers to the person registering as an Au Pair and requesting an introduction to host family with Momiji Co

1.4 The terms “Demi Pair” refers to the person registering as a Demi Pair and requesting an introduction to host family with Momiji Co

2.Program inclusions

Momiji Co will provide the Host Family with profiles of Au Pairs or Demi Pairs who wish to be placed with a host family.

The Host Family will select an Au Pair or Demi Pair who will assist the Host Family with childcare and childcare related household duties for a maximum of 40 hours per week (Childcare Duties).

In consideration of the Au Pair or Demi Pair providing the Childcare Duties, the Host Family will provide the Au Pair or Demi Pair with:

A cultural exchange experience with the Host Family
A welcoming, safe, clean and family like environment
A furnished room for the Au Pair or Demi Pairs for personal use. Au Pair or Demi Pairs are NOT to be expected to share a room with children or guests
Full board seven days a week (3 meals a day)
Adequate time and assistance to open bank account, obtain an Australian sim card (if not already provided) and obtain Working With Children Check (if required) during first week.
Access to Wi-Fi (a television in the room is also an option)
A travel card for local public transport (MYKI or equivalent). The host family only needs to pay for any top ups/ trips that are needed while looking after the children
For Au Pairs and Demi Pair Plus, weekly “pocket money” including any extra hours the Au Pair is required in accordance with the Au Pair or Demi Pair invitation and is to be paid on the agreed day every week
For Demi Pair, any babysitting or extra hours worked out of the agreed 18 hours, must be paid by the end of each week
Appropriate cover and access to an insured and safe vehicle if the Au Pair or Demi Pair is required to drive in terms of Au Pair or Demi Pair invitation
Allow a “settling” period where guidance and support is offered until the Au Pair or Demi Pair fully understands the workings of your particular family
Board and lodging and any other entitlements are to be provided to the Au Pair or Demi Pair, including if and when the host family travels and the Au Pair or Demi Pair remains in the home
Checking in regularly with the Au Pair or Demi Pair to see if they are happy or to discuss any problems
Collect the Au Pair or Demi Pair from the airport unless they have payed or organised a way for the Au Pair or Demi Pair to arrive at the host family’s house safely
A minimum of 2 free days per week. At least every other weekend free. Public holidays free
All expenses relating to the care of the children.

Program excludes: sole care for children under 12 months, overnight care and proxy parenting.

3. Program Fees

The Host Family agrees to pay the Program Fees, which are listed on Momiji Co.’s website and are subject to change.

The Program Fees are payable in accordance with the following schedule:

Registration fee: The Registration Fee of $200 is due upon acceptance of registration.

Placement Fee: The Placement Fee is due by 4 weeks prior to the placement start date, after mutual acceptance of the placement by email. The match between the host family and the Au Pair or Demi Pair is confirmed with an Au Pair/Demi Pair Invitation, prepared by Momiji Co and signed by the Host Family and Au Pair or Demi Pair.

If the Placement Fees are not paid in accordance with the schedule, Momiji Co reserves the right to remove the Host Family from the Program.

Extension fee: The extension fee of $100 per month is to be paid prior to the extension period.

3.Working hours

3.1 Au Pairs can be expected to provide childcare/general housekeeping services from 30 hours to 40 hours a week, in exchange of $240-$440 per week pocket money.

3.2 Demi Pairs can be expected to provide childcare/general housekeeping services up to 18 hours per week, in exchange for board and meals. If your Demi Pair is attending English school or other studies and are unable to obtain part-time employment they can agree to work additional hours, however an allowance must be paid for any and all hours worked outside of the agreed hours. This can flexible and may depend on each family’s requirements.

3.3 The host family understands should the Au Pair or Demi Pair be required to travel with the host family, they are required to cover all costs associated with the Au Pair or Demi Pair’s travel, including flights, accommodation, meals and entry fees to activities in which the Au Pair or Demi Pair is required to participate or attend.

3.4 The host family agrees whilst travelling, the Au Pair or Demi Pair is to only provide services to you for the number of hours agreed in the contract. Any hours provided outside of the contracted hours providing childcare will require payment whether it is leisurely or not. The Au Pair or Demi Pair is also entitlement to their own free time in accordance with the contract.

3.5 The host family understands Au Pairs and Demi Pairs are not qualified to provide extended one-on-one care for children. If extended, sole charge care for your children (i.e. more than 8 hours at a time or for overnight stays) is required, we recommend a family member or professional nanny service.

Driving

It is the responsibility of the Host Family to assess the driving ability of the Au Pair or Demi Pair before granting permission to drive. If the Au Pair or Demi Pair is required to use a car, the Host Family will provide comprehensive car insurance to cover the Au Pair or Demi Pair for use of all vehicles that the Au Pair or Demi Pair will use during the placement. In the event of an insurance claim, the Host Family will be responsible for paying any excess relating to that claim.

PLEASE NOTE: Overseas licence holders are required to change to Australian licence after 6 months in NSW and VIC. This may also be introduce in QLD.

If the Au Pair or Demi Pair is deemed to be the at fault party in a motor vehicle accident, the Host Family agrees to limit any claim against the Au Pair or Demi Pair to the lesser of:

(a) $1000; or

(b) if the excess amount listed in the Host Family’s insurance policy is less than $1000, the lesser excess amount listed in the policy.

Should a car accident occur and there is a dispute about who is at fault, the Au Pair or Demi Pair will be deemed to be the at fault party only if the accident or cause of damage can be corroborated by an independent third party witness.

The Host Family will be liable to pay 100% of any damages including any excess if the Au Pair or Demi Pair is not listed on the vehicle’s insurance policy.

If the Au Pair or Demi Pair is using the car for private use, the Au Pair or Demi Pair is responsible for the excess relating to the claim. The Host Family agrees to limit any claim against the Au Pair or Demi Pair to the lesser of:

(a) $1000; or

(b) if the excess amount listed in the Host Family’s insurance policy is less than $1000, the lesser excess amount listed in the policy.

Rematch, Refund, Cancellation and Termination

All care and due diligence is taken prior to placing an Au Pair or Demi Pair. The host family agrees to make every effort to resolve any differences that may arise with their Au Pair or Demi Pair. In the event of a serious breach of trust or other major problem Momiji Co will mediate between Momiji Co, the host family and Au Pair or Demi Pair. In the event a positive solution cannot be reached between the host family and Au Pair or Demi Pair, or the host family wish to cancel the placement, they understand that they are required to give two weeks written notice of that intent, outlining the specific issue and reasons they wish to discontinue the placement.

Upon receiving the notice, Momiji Co will conduct a full investigation. If we feel the Host family’s request is justified a replacement will be found at no further charge. If we feel we cannot assist you further, the placement fee will be reimbursed, minus the weeks the Au Pair or Demi Pair has been in the family home.

If Momiji Co assesses that the discontinuation of the placement is due to a breach of the Terms of the Program by a Host Family, or a Host Family is unable to continue to offer the placement for financial or personal reasons, or there are monies outstanding at the time, no replacement or refund will be offered to the Host Family.

Should your Au Pair or Demi Pair leave prior to their contract end due to personal reasons and all terms and conditions have been adhered to, a replacement will be found at no charge. Families will still be required to pay for the weeks the Au Pair or Demi Pair has been in the family home.

Should the host family elect to cancel a placement after an Au Pair or Demi Pair has been selected the placement fee is non refundable, except in exceptional circumstances.

In the event that a Host Family or an Au Pair/Demi 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 or Demi Pair in their home, the Host Family will be responsible to provide the Au Pair or Demi Pair with dormitory-style accommodation (up to 4 share) at the nearest youth hostel at the Host Family’s expense.

(c) Should the Au Pair or Demi 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

Failure to provide accommodation for an Au Pair or Demi Pair following termination may result in the withholding, or forfeiture of any replacement or applicable refund.

Should a Host Family terminate the placement as a result of an Au Pair’s negligence or gross misconduct, a Host Family will be entitled to immediate termination, including the immediate removal of the Au Pair from it’s residence.

The placement of another Au Pair with the Host family is subject to seasonal availability and Momiji Co cannot guarantee that a candidate will be available for an immediate start.

Limit of liability

The host family understands the Au Pairs or Demi Pairs are not qualified or experienced childcare providers. Training and coaching will be provided by Momiji Co and the host family.

The host family agrees that under no circumstances will Momiji Co be considered to have an employer/employee agreement with either party (Host family or Au Pair or Demi Pair)

The host family unconditionally releases Momiji Co from any claims for loss, damage, injury or expenses caused to persons or property from any act or omission on the part of the Au Pair or Demi Pair. This release includes, but not limited to negligence, theft or gross misconduct.

Momiji Co do not offer any form of Workers Compensation, motor vehicle or liability insurance for Au Pairs or Demi Pairs. Should your Au Pair or Demi Pair have an accident whilst in your home or vehicle, it is your responsibility to ensure you are adequately insured. Momiji Co Au Pairs and Demi Pairs come to Australia with travel and health insurance.

The host family confirms that all questions have been answered honestly and all information provided to Momiji Co is both accurate and current as of the time of application. Every host family must provide a current police clearance (valid in the last 3 months) for every adult (18+) residing in the family home and agree to a consultation with Momiji Co.

The host family agrees to pay a non refundable registration fee of $200 via bank deposit prior to their interview with Momiji Co, whether that interview be in person, by phone or via Video call.

The host family accepts that no profiles will be forwarded to them until the initial $200 registration fee has been received by Momiji Co. Upon receipt of the fee and completion of the interview, Momiji Co will forward an appropriate applicant we have on file and it is the host family’s choice whether to accept the applicant into their home or to request alternative candidates should they feel the introduced candidate is not suitable.

The host family accepts that all information provided by Momiji Co within the guidebooks and all written or verbal communications is on a good faith basis. The host family will not hold Momiji Co, it’s employees or agents liable for any course of action taken by the host family with regards to advice given, information supplied or statements made within Momiji Co.'s material. Materials supplied within handbooks are “Guidelines” only and in no way should they be considered legal policy. It is the host family’s own responsibility to decide on appropriate rules and guidelines relevant to their individual family requirements. There is no intention to create a contractual, employment or legal relationship between the host family and Au Pair or Demi Pair. The host family and Au Pair or Demi Pair’s intentions are to take part of a cultural exchange program for the Au Pair or Demi Pair to experience family life in Australia and for the host family to embrace the different culture with that of a big sister role.

The host family accepts that Momiji Co does not recommend Au Pairs or Demi Pairs care for children under the age of two years, should the family wish to continue with such an application and in hosting an Au Pair or Demi Pair it is entirely at their discretion and Momiji Co accepts no responsibility should this be the case.

The host family will provide written invitation/confirmation of placement stating the length of placement, and basic outline of expected role for the Au Pair or Demi Pair within the family. Placement confirmation is to be signed by both parties prior to any flights or travel arrangements being made. A copy of placement confirmation will be kept on file at Momiji Co. This invitation is signed to acknowledge the above relationship and gives the Au Pair or Demi Pair a final overview prior to booking flights to Australia. The host family understand that this is a cultural exchange arrangement in which an Au Pair or Demi Pair on a Working Holiday visa (417), or Work & Holiday visa (462), will live with the host family for a program of the agreed amount of time. All motivations are to be that of a cultural exchange program, and is not that of a contractual or legal arrangement.

The host family accepts that Momiji Co acts solely as an introductory agent and that it is the host family’s own responsibility to ensure they comply with any legal obligations within their own State or Territory. These obligations may include but are not limited to, Insurance, Tax, Workers Compensation Cover, Working with Children Checks and fair work regulations.

Worker’s Compensation
Each state system differs, please refer to the relevant website below for your State or Territory.
NSW – WorkCover NSW www.workcover.nsw.gov.au
ACT – Worksafe ACT www.worksafety.act.gov.au
QLD – WorkCover Queensland www.workcoverqld.com.au
VIC – WorkSafe Victoria www.workcover.vic.gov.au
SA – WorkCover SA www.workcover.com
TAS – WorkCover Tasmania www.workcover.tas.gov.au
WA – WorkCover WA www.workcover.wa.gov.au
NT – NT WorkSafe www.worksafe.nt.gov.au

Working with Children Check
Again, these checks and requirements vary state to state so please refer to the relevant information on the link below. This is a legal obligation.
https://aifs.gov.au/cfca/publications/pre-employment-screening-working-children-checks-and-police-checks/part-overview

Privacy

The Host Family agrees to Momiji Co making reasonable inquiries to third parties known to the Host Family, regarding the suitability of the Host Family to host an Au Pair or Demi Pair. Any disclosures made to Momiji Co by a third party will be handled in accordance with the terms of the Australian Privacy Act 1998.

The Host Family understands that Momiji Co will share our details with its agents and prospective Au Pair or Demi Pairs in order to facilitate a placement for the Host Family. By providing information to Momiji Co, you consent to the processing of this information in accordance with Terms of the Program and the Australian Privacy Act 1998.

Momiji Co reserves the right to decline a Host Family application.

Momiji Co takes reasonable precautions to protect personal information from loss, misuse, unauthorised access, unauthorised disclosure, alteration and destruction.

Au Pair or Demi Pair information is shared with the host family for the purpose of facilitating a placement. Documents from applicants that you are not selecting should be deleted immediately.

Child Protection & Safeguarding

The Host Family acknowledges that Momiji Co 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 or Demi Pair towards the children.

If Momiji Co becomes informed that Host parents, guardians or an Au Pair or Demi 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 or Demi Pair from the Program. There will be no refund or replacement if the breach of this term arises from the conduct by a member of the Host Family.

It is a legal requirement that the Au Pair or Demi 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 or Demi 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.

Warranty and Dispute Resolution

There is no warranty as to the satisfaction or compatibility of any candidate as an Au Pair or Demi Pair for a particular Host Family.

Where a dispute arises between Momiji Co and the Host Family, 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.

General

These Terms are governed by the laws in force in the state of Victoria, and the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.

The parties may receive confidential information, including these Terms, throughout the duration of the Program and must keep such information confidential.

They acknowledge that they may not assign or otherwise deal with all or any part of our rights or obligations under these Terms, without Momiji Co.’s prior written consent.

If any provision is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, without affecting the validity or enforceability of the remaining provisions of the Terms.

The host family acknowledges that they have been advised to seek legal advice if they do not understand the Terms. By signing the document, they acknowledge that they have read and understood the provisions, and accept and agree to abide by these Terms.

Momiji Co may transfer and assign the benefits and obligations of Momiji Co under this agreement to any other entity capable in its opinion of satisfactorily carrying on and administering the Program.

Warranty as to Authority

The parent registered for a placement hereby warrants to Momiji Co that they are authorised on behalf of all adult members of the Host Family to enter into this agreement on their behalf.

A WARM and WELCOMING ENVIRONMENT from day one to end of placement. Remember your Au Pair or Demi Pair is intended to be part of the family!

The host family confirm they have answered all questions honestly and all information they have provided in the application is true. They accept the terms and conditions and look forward to being part of the cultural exchange program.