The purpose of the present general conditions is to define the terms and conditions of use of the services offered on the site (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.
Between the company BUTRFLY, SAS with variable capital, registered with the RCS of Bayonne under the number 83527239, whose registered office is located at 2, Terrasses Claude Shannon - Technopôle Izarbel - 64210 Bidart (hereinafter: The Company "). The Company can be reached by e-mail by clicking on the contact page of the website or by e-mail at firstname.lastname@example.org
And the person or entity purchasing the service of the company, hereinafter "the customer".
The BUTRFLY company provides services of placement and accompaniment of young foreign au pairs in French families marketed through the site www.aupairbutrfly.com and www.butrfly.com. The list and description of the services offered by the Company can be consulted on the above-mentioned site.
ARTICLE 1: ACCEPTANCE OF THE GENERAL CONDITIONS
The acceptance of the present general conditions is materialized by a box to be ticked in the registration form. This acceptance can only be full and complete. Any acceptance under reserve is considered null and void. The Customer who does not accept to be bound by the present general conditions must not use the Services.
ARTICLE 2: SERVICES
The Client must create his profile and answer all the questions allowing the Company to validate his profile.
For a profile to be validated, it must:
- Meet the criteria to be an au pair
- Be in accordance with BUTRFLY's moral charter
Once the profile has been validated, the Client can freely contact the host families on the website. If the Client wishes to contact a Premium Family, he/she must first book a certification interview with the Company in order for the Client to be certified. The Company reserves the right to certify or not a candidate.
ARTICLE 3: PRICE OF SERVICES
The price of the Services is indicated on the website.
Unless otherwise stated, they are expressed in euros and include all French taxes.
The Company offers Au Pair Packages for an amount as stipulated on the Au Pair Pack page on the Site.
The Company offers 3 Au Pair Packages as stipulated in the Services and Rates page on the site:
- A certification at 49 €. This fee includes an individual interview by video call.
- A Europe Package at 345€. This package includes the drafting of the host contract, the issuance of an au pair insurance policy subscribed by the host family, assistance throughout the stay, access to online coaching sessions, integration into the au pair community and a rematch in case of disagreement with the family. (This rematch is subject to conditions: respect of the family's hosting conditions and the au pair's behavior in accordance with the moral charter; search delays are to be expected (2 weeks minimum) and the search criteria may be slightly modified.
- An International Package at 540€. This package includes the drafting of the host contract, the issuance of an au pair insurance policy subscribed by the host family, the preparation of the file for obtaining the visa, assistance throughout the stay, the integration of the au pair community and a rematch in case of disagreement with the family. (This replacement is subject to conditions: respect of the family's conditions of reception and the au pair's behavior in accordance with the moral charter; search delays are to be expected (2 weeks minimum) and search criteria may be slightly modified.
This package does not include the costs inherent to the stay (travel expenses, travel insurance in addition).
ARTICLE 4 : PAYMENT FOR SERVICES
Payment is mandatory to access the certification service and the assistance packages.
The terms of payment of the price of the Services are described on the site.
Payment is made by direct debit using the Customer's credit card number.
The direct debit is implemented by the payment provider designated on the STRIPE site, which alone retains the Customer's bank details for this purpose. BUTRFLY does not keep any bank details.
The Customer guarantees BUTRFLY that he/she has the necessary authorizations to use the chosen method of payment. The Customer undertakes to take the necessary steps to ensure that the price of the Services can be debited automatically.
ARTICLE 5: REFUND
Any cancellation of the service by the customer must be done by email to email@example.com.
In case of withdrawal of the Customer in his approach, no refund can be made.
ARTICLE 6 : DUTIES OF THE COMPANY
The Company has an obligation of means and not of results towards the Client.
The Company acts as an intermediary in bringing the parties together through its platform but is not responsible for any legal obligations.
However, despite all the efforts made by the Company to guarantee the reliability of the profiles presented to the client, the Company cannot be held responsible in part or in full in the event of non-compliance with the contract established between the 2 parties.
In the case of the European, International or Preemium Au Pair Pack, the Company undertakes to provide a replacement solution to the client in the event of a major disagreement between the two parties at the end of the 6-week adaptation period. The Company will do its utmost to provide the replacement within a reasonable period of time (only one replacement is possible under the contract). If the replacement is refused by the au pair, no refund will be made.
ARTICLE 7 : DUTY OF THE CLIENT
The Client commits to the truthfulness of the information transmitted to the Company through the profile on the website and during the telephone interview.
The Client commits to respect the terms of the placement contract in terms of planning, tasks assigned to the au pair mission, respect of the moral charter of the company.
The Client agrees to provide all the necessary documents for the constitution of his file:
If he/she comes from the European Union: photocopy of his/her identity card or passport, social security card, driving license.
If he/she comes from a country outside the European Union: the same documents mentioned above as well as the submission of the necessary documents translated into French by an official translator of his/her country (medical certificate of less than 3 months, last diploma, letter of motivation) for the validation of the placement contract in France by the authorities.
ARTICLE 8 : RIGHTS OF THE COMPANY
The Company reserves the right to :
- Refuse a client profile application after the certification interview if it does not correspond to the Company's moral charter.
- To interrupt the service without reimbursement in case of non-compliance with the conditions of use of the platform and lack of information on the veracity of the identity.
- To interrupt the service without reimbursement of the expenses incurred in the event of non-compliance with the placement contract (non-compliance with the working hours, behavior that does not comply with the BUTRFLY ethical charter, non-compliance with the family's instructions and rules of life).