These general terms and conditions define the use of the Services offered on the website (hereinafter: the “Services”), as well as they define the rights and obligations of the parties in this context.

Between BUTRFLY, SAS with variable capital, registered with the RCS of Bayonne under n° 83527239, with its registered office 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 website’s homepage or by email at contact@butrfly.com

And the natural or legal person purchasing services from the Company, hereinafter “the Client”.

PREAMBLE

The BUTRFLY Company provides placement and support Services for French and foreign Au Pairs in French and foreign host 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 websites.

ARTICLE 1: ACCEPTANCE OF GENERAL TERMS

The acceptance of these general terms 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 terms 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. Once their profile is finalized and validated based on specific criteria, the Client subscribes to their chosen package.

For a family profile to be validated, it must:

• be in accordance with BUTRFLY’s moral charter.
• respect the conditions for hosting an Au Pair according to European ECAPS standards (European Committee for Au Pair Standards).
• have a minimum of 3 weeks before hosting an Au Pair.

The Client has the possibility to schedule an interview with the BUTRFLY team to discuss their project. If the Client wishes to be accompanied with a Premium package, a family interview is mandatory. Following this interview, the Company reserves the right to accept or refuse the family’s profile.

The Client commits to pay the price of the Services on the platform to activate the subscribed service. The Company will not start any support process without payment of the Services on the site.

ARTICLE 3: NATURE OF SERVICES

The Company offers three service packages for host families, as presented on the “Family Pricing” page of the website: Essential, Integral, and Privilege.

Essential Package : The Essential package corresponds to autonomous access to the Agency’s database. It includes:

• access to all validated Au Pair profiles,
• filtering according to personalized criteria,
• unlimited use of instant messaging,
• a validity period of three (3) months.

   

This package does not include administrative or legal support.

Integral Package : The Integral package provides full support for the placement of an Au Pair. It includes, in addition to the services provided in the Essential package:

• access to all certified Au Pair profiles,
• drafting of the Au Pair contract and its annex,
• preparation of the administrative file and formalities related to entering the country (Au Pair visa),
  
• assistance with French administrative procedures (URSSAF and CPAM, with the Client being responsible for submission and payment),
• support during the first twenty-one (21) days of integration,
• support via WhatsApp,
• access to the Butrfly Community,
• an in-depth family interview.

   

All documents are drafted and sent by email to the contracting parties and signed electronically. Butrfly Agency is not a proxy for administrative services on behalf of its Clients. However, under this package, the Company advises and supports the Client in their dealings with institutions (CPAM, URSSAF).

Privilege Package : The Privilege package offers premium, end-to-end support until the end of the Au Pair’s stay. It includes all services from the Essential and Integral packages, as well as:

• video support with an expert,
• personalized recruitment according to the Client’s specific criteria,
• legal advice,
• integration coaching,
• a mediation session in case of major disagreement,
• a rematch service in case of early termination of the contract (subject to the conditions set out in the Moral Charter),
• access to Masterclasses organized by the Company.

   

All documents are drafted and sent by email to the contracting parties and signed electronically. Butrfly Agency is not a proxy for administrative services on behalf of its Clients. However, under this package, the Company advises and supports the Client in their dealings with institutions (CPAM, URSSAF).

The Privilege package also includes the replacement of the Au Pair in the event of early departure of the Au Pair or termination of the contract by the Client. This replacement (rematch) is subject to compliance with the hosting conditions by the family and the Au Pair’s behavior in accordance with the Moral Charter. A two-week notice period is stipulated in the contract. The search for the next Au Pair may exceed the notice period, and the search criteria may need to be reconsidered.

The prices displayed on the website apply to mainland France. Prices depend on the Client’s country of residence and the context of the request. An additional fee may apply depending on the country of residence.

In the event of renewal of the Service, the Client may benefit from a discount on the package price mentioned on the website.

In the event of recommending Butrfly Services, the Client may benefit from a discount voucher for each new referred Client, up to a maximum of 3 referrals.

ARTICLE 4: PAYMENT FOR SERVICES

The prices of the Services are indicated on the Company’s website and are expressed in euros, inclusive of all French taxes (VAT), unless otherwise stated.

Payment may be made:

• in a single installment at the time of subscription,
• or, for certain packages, according to a payment schedule specified below.

Essential Package

The price of the Essential package must be paid in full at the time of subscription. No installment payment is offered for this package.

Integral Package

Payment may be made:

• in a single installment at the time of subscription,
• or in two (2) monthly installments, according to the terms indicated at the time of the order.
  

Privilege Package

Payment may be made:

• in a single installment at the time of subscription,
• or in three (3) installments, according to the terms indicated at the time of the order.

   

Installment payments are made by direct debit using the bank details provided by the Client at the time of subscription. The payment service provider, Stripe, is solely responsible for storing and securing banking data. The Company has no access to banking data.

The Client guarantees that they have the necessary authorizations to use the chosen payment method and undertakes to take the necessary measures to allow the automatic collection of installments. In the event of non-payment of an installment, the outstanding balance of the Service becomes immediately payable.

ARTICLE 5: REFUNDS

The cancellation and refund conditions depend on the subscribed service package. Any refund will be reduced by €40 to cover the payment operator’s 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 (14) days following subscription to the Service without having to provide reasons, provided that 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 contain the following information:

I, the undersigned “Client Name”, residing at “Client Address”, hereby cancel the service contract “Package Name” that I concluded with BUTRFLY on “Subscription Date”.

The refund will be made within 14 days from the day of receipt of the termination of this contract by the Client. The Company will use the same payment method as that used for the initial transaction.

A refund can only take place if the Service has not been used. If the Service has been used, a partial refund will follow the conditions below:

Essential Package: No refund is possible after subscription. However, a credit note valid for twelve (12) months may be issued.

Integral Package:

• If cancellation occurs before any contact with candidates, the Client may obtain a refund reduced by a €350 fee corresponding to the work already undertaken.
• If cancellation occurs after initial contact with candidates, a refund of 50% of the package price may be granted.
• If cancellation occurs after transmission of documents (contract, annex, administrative formalities), no refund is possible.

   

Privilege Package:

• If cancellation occurs before any candidate proposals, the Client may obtain a refund reduced by a €350 fee corresponding to the work already undertaken.
• If cancellation occurs after candidate proposals, a refund of 50% of the package price may be granted.
• If cancellation occurs after signing the placement contract, no refund is possible.

   

If the Au Pair does not obtain a visa, no refund is provided, but a new search may be initiated.

In the event of early termination of the contract and refusal by the Client of a replacement proposed by the Company, no refund is possible.

ARTICLE 6: COMPANY’S OBLIGATIONS

The Company has an obligation of means, not of results, towards the Client. It acts as an intermediary between families and Au Pair candidates, without substituting for the legal and fiscal obligations incumbent on the parties.

Within the Essential Package

• The Company undertakes to provide the Client with access to the platform, validated profiles, and instant messaging.

Within the Integral Package

• The Company undertakes, in addition to the services of the Essential package, to:
• draft and send the Au Pair contract and its annex,
• support the Client in compiling the administrative file (URSSAF, CPAM), it being understood that submission and payment of contributions are the sole responsibility of the Client,
• advise the Client regarding visa procedures and entry into the country,
• provide assistance with integration during the first twenty-one (21) days.
  

Within the Privilege Package

• The Company undertakes, in addition to the services of the Integral package, to:
• provide continuous support to the Client throughout the stay,
• organize a mediation session in the event of major disagreement,
• offer a replacement (rematch) service for the Au Pair in case of early termination, within a reasonable timeframe and limited to one replacement per contract.

   

If the replacement is refused by the Client, no refund will be made.

ARTICLE 7: DUTIES OF THE CLIENT

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

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

For a Recruitment package, the Client commits to completing all administrative procedures necessary for hosting the Au Pair: contract drafting, URSSAF declarations, CPAM registration, supplementary insurance subscription, and any other potential declarations.

The Client commits to paying contributions requested by URSSAF.

The Client commits to providing the Au Pair with an individual room of minimum 9m² with a window and a private bathroom or, failing that, a bathroom shared with the children.

The Client commits to paying the Au Pair a minimum of €100 per week, paid weekly. The Client may not under any circumstances reduce or eliminate pocket money in case of problems or disagreements with the Au Pair.

ARTICLE 8: RIGHTS OF THE COMPANY

The Company reserves the right to:

• Refuse a Client profile application if it does not meet the  Au Pair hosting conditions according to the European ECAPS standards (European Committee for Au Pair Standards).
• Terminate the Service without refund of incurred costs for a Premium package in case of non-compliance with the placement contract (non-compliant accommodation, abusive working hours, non-payment of pocket money, abusive dismissal without prior Company agreement).
• Terminate the Service without refund of incurred costs in case of non-compliance with platform usage conditions.