These general terms and conditions are intended to define the 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 BUTRFLY, SAS with variable capital, registered with the RCS of Bayonne under No. 83527239, whose registered office is located at 2, Terrasses Claude Shannon – Technopôle Izarbel – 64210 Bidart (hereinafter: the “Company”). The Company can be contacted by email by clicking on the contact accessible via the site’s homepage or by email at contact@butrfly.com

And the natural or legal person purchasing the company’s service, hereinafter “the Client”.

PREAMBULE

The BUTRFLY Company provides placement and support Services for French and foreign Au Pairs in French and foreign families, marketed through the website www.aupairbutrfly.com and www.butrfly.com. The list and description of Services offered by the Company can be consulted on the aforementioned sites.

ARTICLE 1: ACCEPTANCE OF GENERAL CONDITIONS

The acceptance of these general conditions is materialized by checking a box in the registration form when creating the profile. This acceptance must be full and complete. Any registration under reserve of this point is considered null and void. The Client who does not accept to be bound by these general conditions must not use the Services.

ARTICLE 2: SERVICES

The Client must create their profile and answer all questions allowing the Company to validate their profile.

For a profile to be validated, it must:

• meet the criteria to be an au pair
• be in line with BUTRFLY’s moral charter

If the profile is validated, the Client must then schedule a mandatory selection interview with the Company to become certified and access host family profiles. The Company reserves the right to refuse the selection of a candidate.

The Client agrees to pay the service price on the platform in order to apply and benefit from the Service. No support process will be initiated without payment for the service on the site.

ARTICLE 3: NATURE OF THE SERVICE

The price of the Services is indicated on the website. The Company offers three support packages, the price of which varies according to the type of Service chosen, as stipulated on the Services and Pricing page of the website.

Certification (€19)
This service includes:

• An individual selection interview via videoconference,
• An English language proficiency test,
• A French language proficiency test.
  
  

European Assistance (€348)
This service, intended for departures to a European country, includes:

• Matching with the host family,
• Drafting of the contract with the host family,
• Preparation of the visa application file, if applicable,
• Assistance with visa validation,
• Support for integration into the host family,
• Free and unlimited access to weekly coaching sessions,
• One mediation session if needed,
• The possibility of changing host family (rematch) in the event of early termination of the initial contract, subject to compliance with the Moral Charter and hosting conditions,
• Five nights in a hotel in case of emergency, during the rematch period,
• Access to the Butrfly Community,
• The European Youth Card.
  
  

International Assistance (€989)
This service, intended for departures to a country outside Europe, includes all the benefits covered by the European Assistance, except for the European Youth Card.

Expenses related to the stay (visa fees, travel costs, specific insurance unless otherwise stated) remain the responsibility of the Client.

Changing host family (rematch) is subject to compliance with the hosting conditions by the host family and to the Client’s behavior in accordance with the Moral Charter. A two-week notice period is stipulated in the contract. The time required to find a new host family may exceed the notice period, and the search criteria may need to be reconsidered.

ARTICLE 4: PAYMENT FOR SERVICES

The prices of the Services are indicated on the website. Unless otherwise stated, they are expressed in euros, including all French taxes.

The applicable rates are those in force on the day of subscription and can be consulted on the Services and Pricing page of the website.

Payment for the Certification (€19) is due upon registration on the website. This payment is a prerequisite for the Client’s access to premium families.

At the end of the Certification, the Client may choose whether or not to subscribe to a support package (European or International).

All payments related to Services (Certification and, where applicable, Assistance) must be made in full at the time of subscription.

Payment is made by direct debit from the Client’s bank card number. The debit is carried out by the designated payment provider on the website (Stripe), which alone retains the Client’s banking details for this purpose. The Company does not store any banking details.

The Client guarantees the Company that they have the necessary authorizations to use the chosen method of payment. They agree to take the necessary measures to ensure that the automatic debit for the Service price can be carried out.

In case of non-payment, the Company reserves the right to suspend the execution of the Service and to demand payment of the outstanding balance.

ARTICLE 5: REFUND POLICY

Any cancellation of the Service by the Client must be made by email to contact@butrfly.com. Any refund will be reduced by €40 to cover payment operator processing fees.

The Company grants any consumer whose habitual residence or place of establishment is within the European Union, or whose residence at the time of subscription is within the European Union, the following right of withdrawal:

The Client may exercise a right of withdrawal within fourteen days following the subscription of the Service, without having to provide justification, provided the Service has not been used.

To do so, the Client must inform the Company of their decision to withdraw by sending an explicit email to contact@butrfly.com. This email must include the following information:
“I, the undersigned [Client’s Name], residing at [Client’s Address], hereby terminate the service contract [Name of the Package] concluded with BUTRFLY on [subscription date].”

The refund will be made within 14 days from the date the Company receives the Client’s contract termination. The refund will be made using the same payment method as the one used for the initial transaction.

Refund conditions according to the Services:

Certification (€19): once the interview and/or tests have been carried out, no refund can be claimed. If the refund request is made before their completion, the amount paid may be refunded, minus the processing fees provided for in Article 5.

European Assistance (€348) and International Assistance (€989):

• If cancellation occurs before drafting the contract and preparing the visa application file, the Client may claim a refund equal to 50% of the package price.
• If cancellation occurs after signing the placement contract, no refund will be due.
• If cancellation results from the Client’s failure to obtain a visa, no refund will be due, but a new host family search may be initiated at no additional cost.

If cancellation results from the Client’s refusal to change host family in the context of a rematch proposed by the Company, no refund will be due.

ARTICLE 6: COMPANY DUTIES

The Company has an obligation of means and not results towards the Client.

The Company acts as an intermediary in connecting parties but is not responsible for legal obligations.

The Company cannot be held responsible in part or in full in case of non-compliance with the contract established between both parties.

In case of major disagreement between both parties in the first three months of the stay, which could not be resolved through mediation, the Company commits to providing a host family change solution. The Company will make every effort to achieve the change within a reasonable time (only one change possible under the contract). If the change is refused by the Client, no refund will be made.

ARTICLE 7: CLIENT DUTIES

The Client commits to the truthfulness of information transmitted to the Company through the profile form on the site and during the selection interview. The Client is solely responsible for the content of the profile presented on Au Pair Butrfly, particularly its accuracy and legality, as well as entered texts or uploaded photos. Any inaccuracy or negligence in profiles published on Au Pair Butrfly by the Client is their exclusive responsibility.

The Client commits to respecting the terms of the engagement contract and the placement contract terms that frame the schedule and stay conditions, in compliance with the Company’s Moral Charter.

The Client engages to provide all necessary documents for their file.

ARTICLE 8: COMPANY RIGHTS

The Company reserves the right to:

• Refuse a profile application after the selection interview if it does not correspond to the Company’s Moral Charter and Au Pair program eligibility conditions according to European ECAPS standards (European Committee for Au Pair Standards).
• Suspend the Service without refund of incurred costs in case of non-compliance with the placement contract (non-compliance with work hours, behavior not conforming to the Moral Charter, non-compliance with family guidelines and house rules).
• Interrupt the Service without refund of incurred costs in case of non-compliance with platform usage conditions.