Our Terms and Conditions
These terms and conditions set out the basis upon which you can visit our website and regulates how you can use our site.
By using our website, and when you use our Service, you accept that you have read and understood and agree to comply with these terms and conditions, which includes our privacy & cookie notice.
If you disagree with any part of these terms and conditions, please do not use our website and the services it offers.
We’ve done our best to make these terms and conditions easy to follow but, if you have any issues, just get in touch with us.
When you visit the Site or when you use our Service, the following Terms will apply and will, together, form the agreement between you and us.
They have 6 parts:
- General Terms
- Service Terms – Agency
- Service Terms – Client
The following words have the following meanings in all parts of these Terms, unless the context indicates otherwise:
|We, Us||Our CARE HIRES LTD LIMITED incorporated and registered in England and Wales with company number 09319071 whose registered office is at Dock 2, 75 Innovation Drive, Leicester, LE4 5NU, United Kingdom|
|Site, Website||means www.carehires.com|
|Account||means the Account you create with us when you register as a User with the Site|
|Content||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.|
|IP||means Intellectual Property and all the rights associated with the use of that Intellectual Property.|
|Post||means a posting (whether in writing, images, video or other media) made to the main feed page, reviews, feedback, or any other similar spaces we may host on the Site.|
|Service||means the service we offer through the Site.|
|Term||means the period during which we provide our Service to you.|
|Terms||means the terms and conditions contained herein.|
|User||means any person, firm or company using our Service for any purpose.|
|Visitor||means any visitor to the Site.|
These Terms apply to anyone visiting the Site, whether you use our Services or not.
1. YOU PROMISE US:
You agree that:
- You are over the age of 18 years.
- You will have only one Account with us.
- You will not pretend to be someone else when you use the Site.
- If you link to another site through us, you will read their terms and conditions.
- You will not use robots, spiders, scrapers or similar things on the Site.
- You will not try to get around any things we put on the Site to stop or limit access to parts of it.
- You will not do anything that might cause our systems to crash.
- You will not steal the Site or any part of it for use in any other Site or application.
- You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.
- You will not use our trademarks and/or designs and/or layout before asking us.
2. INTELLECTUAL PROPERTY
2.1 We and our business partners own all of the IP on the Site. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.
2.2 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel is appropriate.
3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations, but we are unable to guarantee that it will.
3.2 We are not able to guarantee that the Site will work with your device or will be secure.
3.3 Whilst we take reasonable precautions to ensure the accuracy of the information we publish on the Site, we cannot guarantee its accuracy. We can never guarantee that any information we may provide is up to date. You agree that, if any information we provide is important to you, you will verify it independently.
3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You must not rely on that advice when you make any decisions.
3.5 If using our Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.
3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.
4.1 When using any forums, feedback, review or other spaces we may put up on the Site, you agree to abide by the following rules:
- You must not use obscene or vulgar language.
- You must not publish pornographic material on the Site.
- Nothing you submit can be unlawful or otherwise objectionable.
- You must not publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist.
- Nothing you submit may be designed to promote violence.
- All of your posts must be in English.
- You must not post links to other sites which may break these rules.
- You must not impersonate anyone else.
- You may not post anything which contains any viruses, trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.
4.2 We have the absolute right to moderate all Posts on the Site and to remove any Post which we do not want.
4.3 When you submit a Post you are warranting that you are the author of that Post and that you own all rights associated with it and that we can repost it without paying or getting permission from anyone.
4.4 Any Post you make to the Site will be considered non-confidential and non-proprietary.
4.5 We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
4.6 When viewing Posts you accept that we are not the author and that any views expressed may not be our views.
4.7 If you see a Post which you find objectionable, tell us as soon as you can and we will consider whether or not it should be removed.
4.8 All passwords are stored encrypted in transit and at rest and cannot be deciphered once committed. It is your responsibility to keep your password secure and to remember it.
4.9 You agree that we may access, preserve and disclose your Account information and Posts if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Post violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety or those of any other person.
5. AVAILABILITY OF THE SITE
5.1 We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.
5.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time, without compensating you.
6. LIMITATION OF LIABILITY
6.1 As far as we are allowed by law we deny liability for any losses of any kind which you incur from visiting the Site or using the Services. You use the Site at your own risk.
6.2 We will not be liable to any visitor for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if this is foreseeable, arising under or in connection with: (a) use of, or inability to use, the Site; or (b) use of or reliance on any Content displayed on the Site.
6.3 If you are a business Visitor, please note that, in particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.
6.4 If you are a consumer Visitor, please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business reason.
6.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any Content on it, or on any website linked to it.
6.6 We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6.7 Nothing in these Terms excludes or restricts our liability for death or personal injury, resulting from any negligence, or fraud, on our part.
7. LINKS TO OTHER WEBSITES
7.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.
7.2 We are not responsible for evaluating other sites with which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and conditions and privacy policies of all the sites we link to.
7.3 A link to another site does not mean that we endorse or recommend that site.
7.4 We can never guarantee that a link we offer will work or will be free from viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material.
8. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
8.1 We will not be liable for any failure or delay in performing our obligations under these Terms if that failure or delay arises because of any cause beyond our reasonable control.
8.2 Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or another natural disaster, or any other event that is beyond our reasonable control.
8.3 If this happens:
We will tell you as soon as we reasonably can;
We will do all that we reasonably can to minimise the delay.
9. TRANSFERRING RIGHTS AND OBLIGATIONS
9.1 We may transfer (assign) our rights and obligations under these Terms to a third party. This might happen if we sell our business. If that happens, we will tell you and your rights under these Terms will not be affected.
9.2 You may not transfer (assign) your rights and obligations under these Terms.
10. MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE
10.1 These Terms will change from time to time and we do not have the resources to let all our Visitors know about the changes.
10.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms.
10.3 We may change the Site as often as we choose and these Terms will still apply to any changes we make.
11. ADDITIONAL TERMS
11.1 Operative Law – This Agreement under which these Terms operate is made under the laws of England and Wales, which is the only jurisdiction that can govern it.
11.2 Partnership/Joint Ventures – We are not entering into a partnership or co-venture with you.
11.3 Effect of Agreement – These Terms supersede all previous terms and represent the entire understanding between you and us.
11.4 Time of the Essence – Time will not be of the essence in any part of these Terms.
11.5 Unenforceability – If a Court or other body says that any part of these Terms is unenforceable, the rest of them will stand.
11.6 Notices – If either you or we need to give formal notice to the other, it must be done by email to the address each of us gives to the other from time to time.
11.7 Entire Agreement – These Terms contain the entire understanding between us.
Service Terms – Agency
These Terms apply if you wish to become an Agency working with Care Hires.
For this Section of our Terms the following definitions apply:
Fee The fee payable by the client
Confidential Information means our secrets or confidential information or those of the Client and extends to all knowledge and information relating to our business, organisation, finances and affairs and including (but not by way of limitation) all and any data received or accessed by you;
Client A person or institution seeking the services of a Caregiver
Assignment Any assignment for which you agree to provide the Services to a Client
Agreement The Agreement which arises when we have accepted you as an Agency and notified you of the fact in our Confirmation Email.
Commencement Date The date upon which will start to offer our services to you
Confirmation Email The email we will send you, when we have accepted you as an Agency
Restricted Period The terms of the Agreement and for a period of 12 months after it ends.
Fee The sum paid, to us or directly to you, you’re the services you provide.
Commission the commission notified to you in writing before the Assignment begins plus VAT
Agency You, the supplier providing care services to Clients
Agency Staff Staff, providing care services to Clients on behalf of your Agency
Services all or any of the following: homecare: cleaning, cooking and administration support; personal care, assistance with washing, administration of medicines and such other duties as are outlined in the Confirmation Form
You Are an individual who wishes to provide the Services to Clients through your Agency
The Agreement will come into effect, between you and us on the Commencement Date and will remain in force for the period of one month and, thereafter, will continue until it is terminated under the provisions of Clause 7.
Provision of Services
We will use reasonable endeavours to locate and engage Clients for whom you can provide the Services. You will provide the Services for such Clients in a professional manner and with reasonable care and attention and at all times in a manner which safeguards and enhances our reputation and our business and does not bring any disrepute upon us.
Within a reasonable time of our asking for it, you will supply all and any advice and assistance we reasonably require in relation to the Services and how you are carrying them out.
You are responsible for organising how you provide the Services but you will take into account any requests made by the Client, or by us, either as shown in the Confirmation Form or otherwise and agreed with the Client.
Whilst your Agency Staff carry out the Services on the premises of a Client, you will, at all times, treat the Client and those premises with the utmost respect, in a manner which does not cause any danger to yourself, your Agency Staf, the Client or any third party and which ensures the safety of the Client at all times.
You may, at any time, take on any other work you wish whether or not it is similar to the Services, provided that such other work does not present a conflict of interest with the provisions of the Agreement.
You will supply us with full details about your Agency Staff and proof of right to work or carry on business in the United Kingdom and of any qualifications your Agency Staff claim to have. If, at any time, your Agency Staff lose the right to work or carry on business in the United Kingdom or any of the qualifications you have claimed your Agency Staff have, then you must notify us immediately.
You warrant that you are not subject to any matter which would prevent, restrict or otherwise interfere with your ability to provide the Services and you undertake that you will, immediately, tell us if such a situation arises during the course of the Agreement.
You will not carry out any work other than that shown in the Confirmation Form nor will you accept any money from any Client in payment of any fees or expenses due to you, unless you tell us (in writing) first and we agree and that you immediately pass any money you receive to us, to hold on behalf of the Client on the terms of our agreement with them.
You will not accept any gift of money or property from any Client without first having our written permission.
You agree that, on each Assignment, you are solely responsible for the services you and your Agency Staff provide and you acknowledge that we have no right, liability nor ability to control how you provide those services.
You agree to provide us with a full and complete indemnity against all and any loss we may sustain, as a result of your breach of the Agreement or any part.
You must ensure that the location of the Assignment is safe and does not put you or your Agency Staff in any danger.
We will receive payment of all Fees and other monies due to you from the Client in respect of any Assignment.
The Fee and all other monies we receive on your behalf are inclusive of VAT and we will operate, on your behalf, a self-billing process whereby we will issue an invoice, for the Fee and any other monies you are due, on your behalf, this is on a per Client basis subject to agreement. On receipt of that statement, you must send us an invoice for the amount you are due.
If you are VAT registered, the monies we will pay to you are inclusive of VAT and we will pay you such sums on receipt of a satisfactory VAT invoice.
We will pay all sums due to you based on the payment terms agreed up for each Client contract, in arrears by bank transfer to your account, within the agreed days of the date of each invoice for the same.
You undertake that, except as provided by sub-Clause 5.2 or as authorised in writing by us, you shall, at all times during the continuance of the Agreement and after its termination:
keep confidential all Confidential Information;
not disclose any Confidential Information to any other party;
not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of the Agreement;
not make any copies of, record in any way or part with possession of any Confidential Information; and
ensure that none of its directors, officers, employees, agents, contractors or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 12.1.1 to 12.1.4 above.
disclose any Confidential Information to any governmental or other authority or regulatory body, to such extent as required by law. You shall first inform the person, party or body in question that the Confidential Information is confidential.
use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Agreement, or at any time after that date becomes, public knowledge through no fault of yours. In making such use or disclosure, you must not disclose any part of the Confidential Information which is not public knowledge.
The provisions of this Clause 5 shall continue in force in accordance with their terms, notwithstanding the termination of the Agreement for any reason.
Your Status and Authority
You acknowledge and agree that you are an independent contractor and nothing in the Agreement makes you our employee, agent or partner and you agree not to tell any third party that you are our employee, agent or partner.
We will not be vicariously liable for any and all of your acts or omissions.
You will not pledge our credit nor sign any document, enter into any contract or agreement or make any promise on our behalf.
Your status is as a independent contractor engaged by the Client as a contractor and you are exclusively responsible for the payment of any National Insurance contributions and for paying any income or corporation tax liability, duties and VAT payable in respect of all monies due to you and you will pay and discharge all and any such contributions, duties and taxes to the appropriate authorities.
You will tell us well in advance of any dates when your Agency Staff are not available to provide the Services.
You warrant that you are not subject to any restrictions which would prevent you from providing the Services to the Client and have no restrictions or matters which would prevent or affect your ability to work with the Client.
You have no obligation to accept any Assignment we offer and we have no obligation to offer any Assignment to you. You acknowledge and accept that there may be periods when we cannot offer an Assignment to you.
You understand and accept that we are not able to verify the conditions under which any Assignment will be conducted and that we are not able to provide any assurances as to your safety. You agree, before you start work on any Assignment, to carry out a full risk assessment of the Client’s premises and to satisfy yourself that the conditions under which your Agency Staff will work are safe and free from any danger.
Indemnity and Liability
You will at all times during the course of the Agreement carry full and effective indemnity insurance of an amount sufficient to compensate the Client or us, fully and satisfactorily for any errors or breaches which you might make and you will indemnify us and keep us indemnified against all and any liability, loss, damage, costs and expense of whatsoever nature we incur or suffer arising from your performance or breach of your obligations under the Agreement or caused by any third party under your control.
You will give us on demand and following each renewal thereof a copy of the certificate confirming that the indemnity insurance required by Clause 6.1 is valid and effective.
You will indemnify us to the limit of the policy referred to in Clause 6.1 from and against all losses, costs, claims and demands of any nature received by us in respect of the provision of the Services and whether arising through breach of contract, tort or otherwise.
Neither you nor we will be liable (whether in contract, tort (including negligence), breach of statutory duty or otherwise) to the other for indirect or consequential losses.
Nothing in the Agreement will limit or exclude either party’s liability for death or personal injury, fraud or any other liability which cannot be excluded by law.
Neither party will be liable to the other or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of that party’s obligations if the delay or failure is due to any cause beyond that party’s reasonable control.
We are not liable for any costs, expenses or other monies you have incurred in carrying out the Services nor in relation to any expenses you incurred before any Assignment has been taken up.
Either party may end the Agreement by giving 4 weeks’ prior written notice to the other.
We may end or suspend the performance the Agreement or any part of it immediately and without liability for compensation or damages in the following circumstances:
if your Agency Staff lose the right to work or carry on business in the United Kingdom or any qualifications your Agency Staff claim are withdrawn or cancelled;
if a Client dies, becomes dissolvent or no longer needs the Services;
if a Client terminates their Contract;
if you fail to comply with any of your obligations under the Agreement or any agreement or deed supplemental to it and you don’t correct that failure (if it can be corrected) within 7 days after we ask you to correct it;
if your business dissolves, have a receiving order made against you, make any arrangement with your creditors generally or take or suffer any similar action as a result of debt;
if an encumbrancer takes possession, or where the other party is a company, a receiver is appointed, of any of your property or assets;
if you make any voluntary arrangement with your creditors or, being a company, become subject to an administration order (within the meaning of the Insolvency Act 1986);
if you, being an individual or firm, have a bankruptcy order made against you or, being a company, go into liquidation (except for the purposes of bona fide amalgamation or re- construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other party under the Agreement);
if anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other party; or
if you cease, or threaten to cease, to carry on business.
Effect of Termination
When the Agreement ends, for any reason:
all records in any medium and of any nature (including accounts, documents, drawings and private notes about us and our Clients and others with whom we have dealings and all copies and extracts of them made or acquired by you during the term of the Agreement) will be:
used for our purposes;
returned to us at any time on demand; and
returned to us without demand on the termination of the Agreement.
You cease to hold yourself out as being connected with the Company.
You will not, during the Restricted Period, cause, encourage or assist any of our employees to leave our service or do anything which if done by you would be a breach of the Agreement.
You will not, during the Restricted Period, undertake any work of any nature similar to the work comprised in the Assignment for any Client except by way of an Assignment arranged by us or if we have consented to any such arrangement, in writing.
You will not at any time after the termination of the Agreement represent yourself as being interested or in any way connected with the Company.
Each of the restrictions in this Clause is a separate restriction for our separate benefit and they will be severable one from another.
All records, documents, papers (including copies and summaries thereof) and other copyright protected works made or acquired by you in the course of carrying out your obligations under the Agreement, together with all the worldwide copyright and design rights in all such works, will be and will at all times remain our absolute property or the property of the Client for whom they were created.
Either party may release or compromise the liability of the other under the Agreement or any agreement mentioned in it or grant to the other time or other indulgence without affecting the other party’s subsequent liability.
The Agreement embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations, oral or written, express or implied other than those contained in the Agreement.
No variation or amendment of the Agreement or oral promise or commitment related to it will be valid unless committed to in writing and signed by or on behalf of both parties.
Law and Jurisdiction
The Agreement will be governed by English law and both parties consent to the exclusive jurisdiction of the English courts in all matters regarding it.
Any notice given under the Agreement will be in writing and may be served:
by registered or recorded delivery mail;
by email (confirmed by post); or
by any other means which any party specifies by notice to the other.
Each party’s address for the service of notices will be the address set out above or such other address as specified by notice to the other party.
A notice will be deemed to have been served:
if it was served in person, at the time of service;
if it was served by post, 48 hours after it was posted; and
if it was served by email, at the time of transmission.
Contracts (Rights of Third Parties)
A person who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Service Terms – Care Provider
These Terms apply if you wish to become an Agency working with Care Hires.
For this Section of our Terms the following definitions apply:
Caregiver A person you locate through using our Site and engage on an Assignment through the relevant Agency
Assignment Any assignment for which you request an Agency or Caregiver to provide Services
Services all or any of the following: homecare: cleaning, cooking and administration support; personal care, assistance with washing, administration of medicines and such other duties as are outlined in the Confirmation Form
Fees The fees we have agreed for the Agency to be paid to provide the Services
Confirmation Form The form we will send you, when all parts of the Assignment have been agreed.
Home The place where the Assignment is due to be undertaken and shown on the Confirmation Form
These terms and conditions are intended to be legally binding. They will come into effect as soon as you have asked us to locate and manage suppliers who shall provide Services for you.
Please note that the amount you pay us covers the fees of the Agency you appoint, the expenses and costs we incur and allows us a reasonable amount to allow us to continue to provide the Platform.
Finally, we emphasise that the service we offer is to act as a Neutral Vendor Platform to unbiasedly appoint the appropriate Agencies who meet your Service requirements.. We are acting as your Neutral Vendor, to help you through the process but we do not provide or offer any care services ourselves.
What We Do
You have engaged us to act as your neutral vendor in finding you professional Agencies to undertake the Assignment you request
We do not employ the Caregivers or Agencies; she/he will always be an employee working directly for the Agency.
As far as we can, we will check any references the agency provides for the Caregiver, verify his/her credentials and qualifications and verify their DBS (Data and Barring Service) checks.
We will arrange to receive from you the Fees due to the Agency and we are responsible for paying the Agency on your behalf for the services undertaken by the Caregiver appointed through the Agency.
We will act as your neutral vendor, and under your instruction, in engaging and dismissing the agency/caregiver, subject to the provisions of this Agreement. In addition, we will confirm that the Agency holds suitable professional indemnity insurance, which will last for the term of the Assignment. Finally, we will confirm that the Caregiver appointed by the Agency has the right to work in the UK.
You agree that we may share all information which you supply to us with potential Agencies so that we can do our best to match you with the correct Agency/Caregiver.
If your requirements change during the course of any Assignment, then we will work with you and the Agency/Caregiver you are using at the time to make sure that those changes are taken into account and, if the then current Agency/Caregiver is no longer suitable, we will do our best to find a suitable replacement if you require us to do so.
We do not guarantee that the Agency/Caregiver will be suitable for you. If you do not get on with an Agency/Caregiver, for any reason, let us know and we will do our best to provide an alternative.
We can never guarantee that we will find an Agency/Caregiver, suitable for your specific needs.
We will invoice you based on the agreement set, for the Fees due for the time period completed on the Assignment, and that invoice will include all payments associated with the Assignment.
We will take payment for the invoice through bank transfer and our payment provider. In the event that we do not receive payment based on payment terms, we have the right to ask the Agency/Caregiver to suspend the provision of Services until all monies due have been paid.
You should make no payment of any nature to an Agency/Caregiver, even if they ask for it. If you pay monies directly to an Agency/ Caregiver, which should have been paid to us, you may lose them.
If, at any time, a Caregiver fails to attend your Home at the time/s agreed, you must tell the Agency as soon as you can and we will suspend payment of the Fee, if it is correct to do so, for such a period as the Caregiver does not attend. We can only do this from the date that you report the absence of the Caregiver to us.
Your Home will, at all times when a Caregiver is with you, be as safe as you can reasonably make it and that if you know about anything dangerous, you will tell the Agency/Caregiver before he or she starts work. In particular, you will tell the Agency/Caregiver about the following things:
any risks or hazards in your Home;
any problems in getting access to your Home;
any pets which might be with you and which might hurt the Caregiver;
any problems you have with any equipment you use in your Home;
any infectious diseases suffered by anyone in your Home
to provide the Caregiver proper access to all the equipment the Caregiver will need to carry out his/her work for you;
to keep all the equipment needed by the Caregiver, in good condition;
to provide all cleaning and other products the Caregiver needs to carry out his/her work;
not to smoke or use illegal substances in the Home whilst the Caregiver is present;
to make sure that the Caregiver can gain access to your Home to carry out the Services;
not to let the Caregiver use your telephone or other personal items for their own use, except in the case of an extreme emergency;
Problems, Complaints and Service Monitoring
Our contact information is contained in the table at the top of this Agreement or you may contact us by emailing [email protected]
Your Relationship with the Agency
Our role is to introduce the Agency to you and to help manage the arrangement between you and the Agency.
Whilst we perform background checks of the Agency/Caregiver, we do not guarantee or warrant the reliability, suitability or quality of the care Agency. It is the role of the Agency/Caregiver to determine whether they are suitably qualified and experienced to deliver the Assignment and for you to make all efforts to ensure you and other people’s property and safety are protected.
You will engage the services of the Agency/Caregiver and the contract for those services is directly between you and the Agency/Caregiver, subject to the terms and conditions contained in this Agreement.
The Caregiver provided to you by the appointed Agency is not your employee and you have no duty to pay tax or National Insurance payments for the Caregiver.
It is for you to confirm that the Caregiver is someone with whom you can work. You accept that it is not possible to interview all Caregivers to the same depth that you would.
If you require additional care to the requirements in the Assignment (“Additional Requirements”), you must give us as much advance notice as you can and we will agree the Additional Requirements, on your behalf, with the Agency/Caregiver and any additional Fees with you before the Additional Requirements are provided.
You agree that all of the information that you provide to us is true, accurate, complete and not, in any way, misleading.
What Happens if you employ the Caregiver directly
You understand and agree that the service we provide is to act as your neutral vendor in providing Agency/Caregivers who can complete your assignment satisfactorily.
If you wish to employ a Caregiver provided by the appointed Agency, it’s subject to the Service Level Agreement you enter into with this Agency.
Ending the Agreement – Trial Period
You may end the Agreement at any point during the first week of the Assignment by giving 2 days written notice
Ending this Agreement
Unless otherwise stated in Clause 8, both You and We may end this Agreement at any time by giving Us and You at least 14 days’ written notice.
We can end the Agreement with immediate effect by giving you written notice if:
you have made a serious breach of the Agreement and do not put that breach right within 14 days of being asked to do so;
you do not pay us the monies which are due under this Agreement; or
You are declared bankrupt or are unable to pay your debts.
Ending this Agreement does not end your Agreement with the Caregiver.
What Happens if the Agreement Ends?
If the Agreement is ended for any reason the provisions of this Clause 10 will apply.
Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
Termination will not remove or reduce any right to damages or other remedy which either you or we may have in respect of any breach of the Agreement which existed at or before the date of termination.
Events Beyond Our Reasonable Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations under this Agreement where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.
We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of this Agreement or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
You will indemnify us from and against all liability that we may suffer as a result of your breach of this Agreement or of your contract with a Caregiver.
Nothing in these Terms and Conditions is intended to or will limit or exclude liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
Other Important Terms
You may not transfer (assign) your obligations and rights under this Agreement without our express written permission (such permission not to be unreasonably withheld). We may assign our obligations and rights under this Agreement to a third party. Your rights under the Agreement will not be affected and our obligations under this Agreement will be transferred to the third party who will remain bound by them.
This Agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
No failure or delay by us or you in exercising any rights under the Agreement means that we or you have waived that right, and no waiver by us or you of a breach of any provision of this Agreement means that we or you will waive any subsequent breach of the same or any other provision.
Each reference in this Agreement to “writing”, and any similar expression, includes electronic communications sent by e-mail.
Law and Jurisdiction
This Agreement and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, English Law.
Any dispute, controversy, proceedings or claim between you and us relating to this Agreement (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England, Wales.