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:

• 100% of the rate for the Administrative Formalities package
• 50% of the rate for the Recruitment package
• and at minimum 1 monthly payment (1/6th of the total price) for the Premium package.

ARTICLE 3: NATURE OF SERVICES

The Company offers 3 packages for host families as stipulated in the Family Rates page of the website:

1. The Administrative Formalities package

This package corresponds to post-recruitment support of the Au Pair (once you have chosen your Au Pair) and includes: drafting of the Au Pair contract and its appendix, preparation of administrative files and entry formalities (visa). All documents are drafted and sent by email to the contracting parties and signed electronically. The Butrfly agency is not an administrative Services agent for its Clients. However, under this package, the Company advises and supports the Client in their dealings with these institutions.

2.The Recruitment package

This package includes a personalized service for custom recruitment according to the Client’s personal criteria. A minimum of 3 candidates will be proposed.

3.The Premium package

The Premium package offers comprehensive support service from A to Z by the Butrfly team. The Service duration runs until the end date of your Au Pair’s stay in the host family.

The Premium Package includes the project preparation and advice in selection and recruitment, recruitment of Au Pair candidates matching the Client’s criteria, drafting of the Au Pair contract and its appendix, compilation of administrative files and associated tax declarations, the candidate’s formalities for entering the country, assistance with Au Pair integration upon arrival and follow-up throughout the contract. Continuous assistance from the Butrfly team and mediation during the contract are also included.

The Premium package also includes Au Pair replacement in case of early departure of the Au Pair or contract termination by the Client. This replacement, or rematch, is subject to conditions of respect for hosting conditions by the family and Au Pair behavior in accordance with Butrfly’s Moral Charter. A two-week notice period is provided in the contract. The search time for the next Au Pair may be longer than the notice period and search criteria may need to be reconsidered.

• Rates are subject to the Client’s country of residence and the context of the request.
• In case of Service renewal, the Client may benefit from a reduction on the package price mentioned on the website.
• In case of recommendation of Butrfly Services, the Client may benefit from a discount applicable for any new sponsored Client, limited to 3 sponsorships.

ARTICLE 4: PAYMENT OF SERVICES

Service prices are indicated for reference on the website. Unless otherwise stated, they are expressed in euros and include all French taxes.

All our Services can be paid in full upon subscription.

Cf. 2025 rates, applicable from January 1st, 2025, available on the website.

The payment for the Administrative Formalities Service is required in full upon subscription. We offer installment payments only for Recruitment and Premium packages according to the following terms:

Recruitment Package: For subscription to the Recruitment package, payment in 2 installments is possible. This payment will be made over 2 consecutive months from the subscription date.

Premium Package: For the subscription to the Premium package, 2 installment payment options are available.

Installment payments are processed by automatic debit using the Client’s credit card number registered at subscription.

The payment is implemented by the payment provider designated on the STRIPE website, which alone retains the Client’s banking details for this purpose. BUTRFLY does not store any banking information.

The Client guarantees to BUTRFLY that they have the necessary authorizations to use the chosen payment method. They commit to taking the necessary measures to ensure automatic payment of the Service price can be processed. In case of non-payment of an installment, the Client commits to paying the Service balance.

ARTICLE 5 : REFUND

Cancellation and refund conditions depend on the subscribed service. Any refund will be reduced by €40 related to payment operator processing fees.

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

The Client can benefit from a right of withdrawal within fourteen days following Service subscription without having to justify reasons and provided the service has not been used.
To do this, the Client must inform the Company of their withdrawal decision 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 terminate the service contract [Package Name] that I concluded with BUTRFLY on [subscription date].”

Refund will take place within 14 days from the day of receipt of contract termination by the Client. To process the refund, the Company will use the same payment method as used for the initial transaction.

Refunds can only take place if the Service has not been used. In case of use of the Services, a partial refund will follow these terms:

For the Administrative Formalities package, no refund will be made in case of cancellation. A credit valid for 12 months may be issued.

For the Recruitment package:

• If cancellation occurs before any candidate proposals from Au Pair Butrfly agency, the Client may claim a refund of amounts paid minus a €350 franchise for initiated procedures.
• If cancellation occurs after candidate proposals from the Au Pair Butrfly agency, the Client cannot claim any refund.

For the Premium package:

• If cancellation occurs before any candidate proposals from the Company, the Client may claim a refund of amounts paid minus a €350 franchise for initiated procedures.
• If cancellation occurs after candidate proposals from the Company, the Client may claim a 50% refund of the package price.
• If cancellation occurs after signing the placement contract, the Client cannot claim any refund.
• If cancellation occurs due to Au Pair visa rejection, no refunds will be made and a new search will be initiated for the Client.
• If cancellation occurs after Client’s refusal of Au Pair replacement in case of early contract termination, no refunds will be made.

All requests must be made by email to contact@butrfly.com.

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 connecting parties but is not responsible for legal obligations.

For Recruitment and Premium packages, the Company commits to presenting a minimum of three Au Pair profiles to the Client. However, the Company cannot be held responsible in part or in full in case of non-compliance with the contract established between both parties.

For Administrative Formalities and Premium packages, the Company commits to handling administrative procedures for the Client (drafting placement contract and its appendix, drafting URSSAF and CPAM declarations). Submission to URSSAF and CPAM authorities is the Client’s responsibility. The Company is not responsible for paying the quarterly URSSAF contribution calls and is in no way responsible for Client’s failure to pay said contributions.

For the Premium Package, the Company commits to assisting the Client throughout the Au Pair stay and provides a mediation session in case of major disagreement between the parties.

In case of major disagreement between both parties within the first three months of the stay, which could not be resolved through mediation, the Company commits to providing an Au Pair replacement solution. The Company will make every effort to complete the replacement within a reasonable timeframe (only one replacement possible under the contract). If the replacement is refused by the Client, no refunds 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.