Definitions: In these Terms and Conditions the following definitions apply:
The Company: At Home With You
(The Company is acting as an Employment Business as defined in the Employment Agencies Act 1973 when dealing with temporary workers):
The Employee: Means the person supplied to the Service User by the Company to carry out the Assignment.
The Assignment: Means the booked periods the Employee is engaged for the Service User to carry out the duties required.
The Service User: Means the person (The Purchaser), corporate body, firm or organisation or the recipient of care services requiring the services (The Service User)
These Terms and Conditions of Business have been made available to the Service User either at a meeting, or in correspondence with any duly authorised representative of the Company and any subsequent acceptance by the Service User of the provision of Care Services via the Company will deem that the Service User has accepted these Terms and Conditions of Business (include any revised versions) as being the basis of a contractual agreement between the Company and the Service User and these Terms will be binding whether or not the contract to be provided is signed.
Copies of these Terms and Conditions of Business (and any revised versions) are available upon request from our office.
No statement, unless stated to the contrary, contained in any brochure, document or letter issued by the Company will form any part of these Terms and Conditions. Variations on the Terms and Conditions shall not be valid unless in writing by the Company.
At the end of each Assignment the Service User shall sign the Care Agency time sheet as supplied by the Employee verifying the number of hours worked during the Assignment.
Signature on the Time Sheet by the Service User or by an authorised representative indicates satisfaction with the work carried out by the Employee. In the case of the Service User’s condition preventing a signature being obtained, the Care Agency will endorse the payment to the Employee following a check that the booking system matches the Employee’s dates and times.
The Company’s charges for the provision of care services by its Employees will be notified to the Service User before the commencement of such services and can be confirmed by the supply of a letter signed by an authorised representative of the Company. Any special charges or terms agreed with the Service User will be confirmed, in writing by an authorised representative of the Company and in the absence of such written confirmation: it will be assumed that no special charges or terms exist.
Any subsequent amendments to the Company’s scale of Rates will be notified, in writing, to the Service User. The Company reserves the right, at its absolute discretion, to review its charges. The Company will give a minimum of one weeks advance notice of its intention to review its scale of Rates and such notice will be conveyed, in writing, to the Service User.
For the Christmas and New Year period the Company will provide a letter for the Service User at the end of November.
The Company reserves the right to charge an hourly rate when Employees working overnight as a sleepover are continually disturbed (“continually disturbed” meaning disturbance on more than four occasions during any night). There is a limit on the amount of hours an Employee may work daily; this is in order for us to comply with the Working Time Regulations 2008.
Any other expenses or charges, as may be agreed between the Company and the Service User shall be clearly itemised by the Company on their invoice(s).
The Service User shall pay the hourly charges of the Company current at the commencement of the Assignment. The charges may be varied during the Assignment at the discretion of the Company if the duties required by the Employee are altered. Charges are calculated by the number of hours worked by the Employee (to the nearest quarter hour) plus VAT at the prevailing rate if applicable, and is invoiced to the Service User with the choice of weekly or 4 weekly basis payable in seven days. Any agreed expenses, travel, hotel, refreshments etc. shall be added to the invoice.
The methods of payment we accept are by cheque, Standing Order or via BACS. Our Bank details are printed on our invoices. Invoices can also be emailed on request. Cash can be paid directly at the office. On no account should cash be given to the Employee for payment of the service unless by prior arrangement with the office.
After the 7 days credit period is over, a statement of account is sent as a reminder for the payment of the outstanding sums, and the Company reserves the right to charge for any reasonable costs incurred in taking further steps to obtain payment Where invoices are overdue the Company reserves the right to make an interest charge at 7% above the applicable base lending rate of HSBC plc on either June 30th or Dec 31st, whichever is the last date at the time of raising the outstanding invoice, or any sums outstanding 7 days after the date of the invoice. Interest so charged will be calculated on a daily basis on the total amount outstanding until such time as the amount overdue is paid.
The Company will give the Service User or their authorised representative 7 days notice, in writing, of its intention to charge such interest.
The Company also reserves the right, upon notice of 7 days, in writing, to terminate the provision of the Employees in the event of continued non payment, or delayed payment, of invoice(s).
Remuneration & Deductions
The Company introduces such Employees to the Service User and assumes responsibility for the collection and payment of the Employees fees. In accordance with Section 134 of the Income and Corporation Act 1988, and related legislation, the Company is required to deduct where applicable all statutory contributions in respect of National Insurance and Income Tax.
The minimum period for cancellation by the Service User of individual visits by the Employee has to be given direct to Company in no less than 24 hours period prior to the visit. The Company reserves the right to charge the Service User for the booked visit if notice of cancellation is less than 24 hours. Cancellations of advance visits should be provided in no less than one week of the date of cancellation.
Notification of Termination of the service must be confirmed in writing or email within 5 days to the Company following any verbal notification from the Service User. The Company shall be entitled to terminate this agreement by written notice to the Service User if the Service User commits a breach of this agreement, which is capable for remedy and fails to remedy the breach within 14 days after written notice giving full details of the breach and requiring it to be remedied.
The professional references and other information obtained by the Company in respect of its employees are confidential and can only be divulged to the Service User in exceptional circumstances and with the permission of the employee. In the event of such disclosure, any such information provided to the Service User is provided in strictest confidence and must not be transmitted, in any form, to any third party.
The Company accepts that all information it holds regarding a Service User’s state of health or personal affairs is held in confidence. No such information shall be divulged to any third party without the expressed consent of the Service User or their legal representatives. The only exception to this would be in respect of relevant medical information, which should form the basis of normal professional exchange between Employees and a qualified medical practitioner, District or Community Psychiatric Nurse, Occupational Therapist, Physiotherapist, Social Worker or under the umbrella of safeguarding.
The Company will supervise the Employee during the period of the Employee’s assignment so as to ensure satisfaction with the standard of work provided by the Employee. In order for us to successfully supervise our Employees we ask that you allow our supervisors to attend your home in order to see the Employee whilst they are providing a service to you. It is a legal requirement for the Company to demonstrate Employee supervision.
If the Service User, or their representative, is not satisfied with the standard of work performed by the Employee, then such dissatisfaction should be brought to the attention of the Care Manager as soon as possible and, if appropriate, the Employee should be asked to terminate their assignment. The Company should be notified of any such occurrence, and whenever it is reasonable to do so, the Company will endeavour to replace the Employee as quickly as possible.
The Service User will, however, be responsible for paying the Company’s charges in respect of the hours worked by the Employee prior to any such termination of their assignment.
The Company provides Employees to undertake mandatory training and accompany an experienced Employee on a few assignments (a shadow shift) for assessment purposes prior to starting with individual Service Users. In order for us to successfully assess an Employee during normal environment and when undertaking National Vocational Qualifications we ask that you allow an assessor/supervisor to attend your home in order to see the Employee whilst they are providing a service to you. It is a legal requirement for the Company to provide Employees who have undergone full assessment for their qualifications
The Company aims to ensure that all Service Users are given the highest degree of care and the best possible service. However, a clearly defined complaints procedure exists and full details are set out in a separate document within our information pack. Further copies of that document are available on request. As part of our Quality Assurance process we will be involving you in satisfaction surveys on a regular basis.
The Company has affected a Public and Employers Liability insurance policy to indemnify it against all costs incurred in respect of proven acts for which the Company can be held liable in law. The Service User will undertake to indemnify the Company and the Employees introduced by the Company, for any direct or indirect loss or damage, personal injury or death caused by negligence of the Service User by their default or breach under the terms of this agreement.
Limits of Liability
The Company accepts no liability for the action of all persons in its direct employment, save for where such actions relate to the duties of the Employees resulting from the course of such employment. The Company takes all reasonable steps, in line with industry standards, to investigate and verify the standards of skill, care, integrity and reliability of the Employees introduced by it.
No liability shall attach to the Company in respect of any acts of God, riots, civil commotion, usurped power, strikes or labour disturbances or any other circumstances which are beyond the control of the Company at any given time.
Breakages and damages in Service User’s home
The Company cannot accept any liability for any breakages or damage caused by Employee in the Service User’s home including for example any shrinkage of laundry, any damage to utensils etc. This should be covered under the Service User’s household insurance contents policy. It is the Service User’s responsibility to ensure that the household insurance policy covers the Service User for having an Employee work in their property.
Service User’s Cars
Employees may only drive the Service User’s cars if covered by adequate insurance (this being the responsibility of the Service User) The Company will be responsible for checking that the Employee has a valid driving license and the Service User be responsible that it meets the Service User’s insurance company’s policy and criteria.
Neither the Company nor the Employee will be liable to pay any insurance excesses payable to the Service User’s Insurance Company in the event of an accident or any other claim made.
The Company reserves the right to ask the Service User to provide a copy of their valid insurance policy or other proof that the relevant Employee is insured to drive the relevant vehicle.
Service User’s telephones/Broadband
No Employee should use the Service User’s telephones (whether landlines or mobiles or the internet). The Company cannot accept any responsibility for any ’Service User’s telephone bills. The Company strongly advises the Service User uses BT call barring system when the Employees are staying with the Service User over periods of time. Employees are only permitted to use the Service User’s telephones in the event of an emergency or contact our office on the Service User’s behalf and with the Service User’s permission.
The Company requires that a separate bedroom should be provided for night sleepers. It is the responsibility of the Service User to provide clean bedding.
Expectations of Employee
Employees are not allowed to smoke, take drugs or drink alcohol in the Service Users’ home. Employees are not permitted to accept gifts, such as birthday and Christmas from the Service User above the value of £5.00 without prior agreement from the office.
These Terms and Conditions of Business constitute all the Terms and Conditions of Business between the Company and the Service User. Any variation of these Terms and Conditions of Business shall be binding unless such variations are agreed upon by both the Company and the in writing and, in the event that such variations have been so agreed in writing, then those variations shall form part of the agreement between the Company and the Service User these Terms and Conditions of Business, together with any variations agreed, constitute the entire agreement between the said parties.
The Company operates an equal opportunities policy and makes no discrimination on the basis of age, race, religion, gender, sexual orientation, marital status or disability.