Select Carers LLP – Client/Care-Seeker Terms and Conditions
You agree to these terms and conditions (the “Terms”) under which you (“you”, “your”) may use our (“our”, “us”, “Select Carers”) online platform, accessible online at www.liveincareathome.co.uk, when you register to be a Client or Care Seeker; and each and every time that you use the website and/or Introduction Services.
Both Care Seekers and self-employed Carers acknowledge that there is no employee-employer relationship or independent contractor relationship between Carers and Select Carers LLP. These Terms govern the relationship between us and you in respect of our provision to you of access to, and use of, our Introduction and Payment Platforms. Care Seekers who are looking for home care support services (“Care”) for themselves or others will be enabled to communicate with Carers willing to provide Care (“Care Givers”). The Platforms seek to do this by providing a range of tools that may include but are not limited to:
Select Carers LLP provides Introduction Services and introduces Clients to suppliers of care, the “Carers”; and vice versa. We ascertain the Care Seeker’s or Client’s needs, making Introductions that best suit those needs. Our Services allow Users to connect only and Select Carers is and shall not be a party to any agreement between a Care Giver and Care Seeker for the provision of Care. For Value Added Tax (“VAT”) purposes Select Carers are acting as a disclosed agent, independent of both the Care Givers and the Care Seekers.
Definitions of Terms
“Self-employed” because there is no mutality of obligation; and there are express contractual arrangements in place which indicate the reality of the self-employed status.
“Select Carers” is a trading name for “Select Carers LLP”; and these names may be used interchangeably in the following Terms and Conditions.
“Carers” means individuals working on a self-employed basis and delivering care services via the Select Carers website.
“Care seekers” or “clients” means individuals using the Select Carers service to search for care, engage with Carers and enter into a contractual relationship with Carers.
“Weekly Total Charge” consists of the total monetary value of the combined Weekly Carer Pay Rate, the Payment Platform charge and the Weekly Agency Introduction Fee.
“Weekly Agency Introduction Fee” consists of 15% of the Weekly Charge, inclusive of any VAT payable.
“We” means “Select Carers” or “Select Carers LLP”.
“You” means “Care Seeker” or “Client”
This Agreement is made on the ……..… day of …………………….. 20…… between
(1) Select Carers LLP
of Ground Floor Office, 9 Chandos Road, Redland, Bristol, BS6 6PG
Telephone: 0800 955 8845
(“We”, “Us” or “Our”); and
(2) ..………………………………………….…………………..………………. [Care Seeker’s Name]
of …………………………………………………………………….…. [Care Seeker’s Address]
(“You”, the “Client” or “Your”)
Signed on behalf of Select Carers LLP
Signed by / on behalf of (delete as appropriate) the Care Seeker
Where this agreement is signed on your behalf, the person who signs the agreement:
(Specify capacity e.g. attorney, deputy, relative or other third party)
(Print name and address in full)
If you are in receipt of direct payments, a personal budget or a personal health budget, the cost of the care services we provide may be more than the funding you receive from your local council or NHS Trust.
In the event that there is any shortfall between the cost of the services we provide and the money you receive from your direct payment, personal budget or personal health budget, it is your responsibility to meet these additional costs. We have no influence over the money you receive from any other body in respect of your care needs.
We will not, except as set out in these Terms, disclose confidential or sensitive information about you to other Users or third parties without your consent. However, once you provide details of the Care Services you require, you understand that sufficient information about you will need to be provided to Carers in order to allow them to decide whether or not to engage with you to provide Care.
You are responsible for any use of your account using your username and/or password, for keeping your username and password confidential and for logging out of your account at the end of each session. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your account, username and/or password. You are responsible for any actions taken by a person who uses Our Service using your username and password.
Introductory agency service
In line with CQC guidance, Select Carers is classified as an ‘introductory agency’. 247LiveinCare.co.uk is a website used to facilitate the process of finding home care. Select Carers does not directly supply Carers to care seekers.
Select Carers does not employ Carers, nor does Select Carers act as an employment agency or care agency. Select Carers is not under an obligation to pay the Carer.
In line with CQC regulations, Select Carers is not permitted to make changes to the care plan nor effect control over the delivery of care, (by carrying out supervisions of Carers), nor carrying out reviews of care, except at the specific request of the Care Seeker.
Limitations of our Introduction Services
We will use our reasonable endeavours to provide profiles of suitable Carers to You in order to carry out the services described in the Care Assessment or such services as you may reasonably request. We cannot guarantee the length of any Assignment. The same applies to replacement Carers if your normal Carer takes breaks for sickness or holidays. The minimum length of any placement is normally two weeks, unless otherwise agreed.
When introducing Carers to you they will need to know what the average contact daily time with the Client will be, whether or not they are likely to be disturbed from their sleep and what arrangements have been made to ensure that they have at least two hours break away from the premises each day. You need to return the Daily Average Hours Agreement to the office so that we can supply Carers with the relevant information. If the Carer works additional hours, i.e. for night disturbances or due to insufficient breaks, then the Carer will need to be compensated pro-rata based on their day rate divided by 10; (10 hours being the maximum daily client contact time). Please be aware that Carers also expect to be paid double time for Public Holidays. This means that the Total Weekly Charge will be increased accordingly on these occasions.
The Carer provides his/her own clothing, personal protective equipment and meets the expenses associated with their job. You will need to negotiate directly with the Carer any extra expenses for food. Travel costs are normally limited to £45 per journey. If a carer uses their own car then they may charge £0.45p per mile. Public transport will usually be by second class travel. This amount should be paid directly to the Carer.
All general food costs should be agreed between the client and carer before the engagement commences. We recommend to be £49 per week and it would be given directly to the carer on the first day they arrive. Carer can ask for food to be bought by client up to the same value.
You are not obliged to engage a Carer whose profile is supplied to You and in all cases, the final decision to offer an Engagement is Your own.
Select Carers disclaims any liability for controversies, losses, injury, accidents, claims or damages arising out of the use of any online tools it provides; nor the engagement of Carers or the provision of care services by Carers because they are self-employed and not subject to our supervision.
In order for us to match a suitable Carer, You will supply us with all relevant information to keep on our database and publish on our website, including, but not limited to:
Once registered, you will be eligible to use the Tools; and the Care Seeker and Care Giver may communicate directly or through the Platform to discuss any details for the fulfilment of the Care by the Care Giver. We shall not be a party to any agreement for the delivery of Care (the “Care Contract”) and the Care Giver. The self-employed contractor, (or Carer), and Care Seeker, (or Care User/Client as the case may be) will contract directly between themselves. Each Care Assignment has a duration of one week or part thereof. However, the care provided will normally consist of an on-going string of weekly Care Assignments, lasting a length of time agreed between the Carer and Care Seeker.
Our payment service provider is currently either Stripe Payments Europe Limited (“SPEL”) or Sunshine People Agency LLP (“SPA”). The Total Charge for the assignment should be paid to SPEL or SPA each week, in advance of the delivery of the care assignment. The Fee shall be collected by the Payment Service as agent for and on behalf of the Care Giver and shall be paid to the Care Giver, after the delivery of the care assignment, in accordance with these Terms. The 15% Commission collected by us shall be inclusive of VAT.
As a Care-seeker you agree that it is your responsibility to select an appropriate Carer for yourself, your family member, any friend/associate or any other person you are acting for. Select Carers can help you in the process of introducing and recommending Carers; however, the final choice is yours.
The Carer may negotiate with you different Weekly Charges, or part thereof, to the minimum rate published on their profile, according to the complexity of the care or support required and the hours of work agreed.
On occasions your contracted Carer may agree arrangements with yourself for the provision of a ‘substitute’ Carer to cover breaks, etc. We can assist in that process.
In order to provide sufficient time for handovers between an incoming Carer and the outgoing Carer who is leaving, we recommend that on these handover days the Care Seeker pays sufficient payment to both of the Carers. Handovers will normally take place between 12 midday and 3pm.
Termination of Agreement
The Care Seeker shall have the right at any time to terminate this Agreement by not less than one week’s notice in writing to the Carer and to Select Carers.
Code of conduct
You acknowledge that you are directly engaging the self-employed Carer and, throughout the duration of the Engagement, You undertake to be responsible for the supervision, control and direction of the Carer.
You will comply with all obligations, duties and regulations, whether statutory or otherwise including those relating to the place, nature or system of work, in any way arising from or directly or indirectly connected with the services rendered by the Carer.
You will at all times treat the Carer with due respect and dignity and in particular (without limitation) take all steps within your control to avoid any illegal or discriminatory conduct against them.
As the Carer is expected to live in your home during the Assignment You will provide a lockable private room for their use which will include a bed; and access to a bathroom with reasonable bathing facilities; and access to the internet so that they can update their training and development portfolio when required.
Vetting and background checking of Carers
Select Carers initially vets every Carer who is allowed to submit their profile on the website; but Select Carers is not responsible for, nor has it control over the quality, timing, legality, reliability, responsibility, integrity or suitability of, the Carers listed either on the website or introduced by us.
Select Carers makes commercially reasonable efforts to check the identity and information provided by Carers, exercising discretion within its good faith, which includes visual checks of
Where Carers cannot provide visual confirmation of having passed a DBS check within the past 2 years, Select Carers may perform a DBS checks via an external provider.
Select Carers recommends that Care Seekers carry out their own assessment of a Carer’s suitability before engaging into a contract with them by
Care seekers should ensure that their insurance will cover Carers working in their home; and should verify whether Carers have their own independent public liability insurance cover.
By using the Select Carers service you agree to use the service for all current and future work that takes place as a result of an introduction made through the Select Carers website. You must not create contractual agreements outside this service with Carers introduced to you on the Select Carers website, with the deliberate intention of avoiding Select Corers’ commission payments. Any instances will result in, (but are not limited to), the immediate termination of a care seeker’s profile.
Once you have agreed a contract with a Carer, you are bound by the terms of that contract. You must pay the required monetary amount for the contract to be active. You must negotiate with the self-employed Carer regarding any deviations from the contract terms, e.g. time off for holiday, illness or personal circumstances. Select Carers can offer no mediation or intervention regarding perceived non-compliance with the contract unless the dispute resolution process is activated.
Any agreements are legally binding agreements between the care seeker and the Carer. Select Carers are not party to an agreement and we cannot arbitrate or mediate if there is an alleged breach of contract unless the dispute resolution process is activated.
Contracts for work are made between the care seeker and the Carer. By entering a contract as a care seeker you agree that you have the funds available to pay for the contract value.
You must pay our payment service the agreed weekly Total Charge for the Carer’s services and our commission weekly in advance of care delivery. There is an extra charge of approximately 1.43% for the use of the Payment Platform; and this will be included in the Total Charge.
Weekly Total Charges
Weekly Total Charges are set by the Carer and may be subject to change. These charges should not be changed during a contract agreement, without you notifying the agency. Any change in Weekly Charges, (except for part thereof, i.e. individual days), that are made before the end of an assignment contract must result in the termination of the current contract and a new contract must be agreed with the Carer.
Select Carers LLP introductory commission fee consists of 15% of the Weekly Charge; on an ongoing basis every week, for the duration of the contract. This charge includes any VAT payable to HMRC.
Select Carers LLP reserves the right to alter the terms of its commission structure at any time.
Select Carers does not as a general rule provide refunds or credits on the Introduction Fee for cancellations. However, Select Carers may at its sole discretion issue refunds or credits when it believes they are warranted.
It is our recommendation that any contracted period cancelled within a 48 hour period prior to the contract commencing will be billed and paid to the Carer. In exceptional circumstances and where both parties agree, Select Carers will exercise its discretion to void payment in cases where cancellation has taken place within 48 hours of the contracted period.
Seven days’ notice should be given to the Carer and the Agency if the Client wishes to change the Carer or cancel the contract; except when there is a safeguarding issue.
Refunds for care work already contracted and subsequently cancelled will only be issued where both parties agree that it is appropriate to do so.
In the event of the Engagement by the Client of a Carer supplied by Select Carers either (1) directly without paying the weekly Introduction Fee to Select Carers LLP or (2) pursuant to the Carer being supplied by another business, within the duration of the Assignment; the parties agree that a Transfer Fee shall be due.
The Transfer Fee shall be calculated as follows: 50% of the Agency Introduction Fee applicable during the first 12 months of the Engagement or, if the length of Engagement is not known, the weekly charges agreed multiplied by 26. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT may be payable in addition to any Transfer Fee due.
Limitation of liability
You acknowledge that the decision to enter into a contract with a Carer is your sole responsibility and that Select Carers gives no warranty as to the suitability, experience, history or character of any Carer, nor does Select Carers give any warranty as to the completeness, truthfulness or accuracy of any information or documentation provided by the Carer.
You agree that you understand the risks involved in participating in an introductory agency service and you hereby waive any rights to claims for damages from Select Carers in relation to the service.
You agree to indemnify and hold Select Carers LLP harmless from any claim or demand brought against Select Carers as a result of you breaching these terms and conditions.
You acknowledge that Select Corers’ total liability to you whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise shall not exceed the value of the total commission income Select Carers derived from you via the Select Carers service.
Any issues should be resolved directly between care seeker and Carer where at all possible. Select Carers LLP does not accept any liability for claims, demands or direct or indirect damages arising from disputes between care seekers and Carers, however we do offer a dispute resolution pathway which should be followed in the case of disagreement.
Select Carers offers no guarantee to either care seeker or self-employed Carer that there will be either reimbursement or full payment if the dispute resolution policy is activated. Select Carers will endeavour to come to an equitable outcome based upon the evidence available.
By using this site or service you authorise Select Carers to carry out certain background checks and audits at a time of their choosing. Select Carers reserves the right but not the obligation to use a third party to scan your personal information on an ongoing basis against a variety of sources which may include, but are not limited to, sex offender registries, social media, criminal registries and other legally available databases and resources. Select Carers has no obligation to perform checks and releases all liability associated with result from checks.
Select Carers takes the safety of all parties using Select Carers extremely seriously and complies with all relevant legislation including the Care Act 2010, the Mental Capacity Act 2005 and the Safeguarding of Vulnerable Adults Act. In instances where we deem a “vulnerable” adult or Carer is at risk of abuse or exploitation or any type of harm and we have received evidence to indicate this the case, we will comply with this legislation and refer the relevant parties to the nearest Local Authority’s Adult Safeguarding Team. Although Select Carers does not directly provide care, we take our duties as a responsible organisation seriously and will endeavour to ensure a duty of care to all participants on the platform.
In instances where there is evidence to suggest that a care seeker may not be able to safely and competently use Select Carers website and/or Payment platform, (i.e. to make payment in advance), Select Carers reserves the right at its absolute discretion to limit access to the platform on temporary or permanent basis. If the Carer continues to provide care in accordance with the previously agreed care assignment, without an advance payment being made on our Payment platform, the Carer cannot be paid. If a private arrangement is made between Carer and Care Seeker/Client, this will be in breach of our contractual terms and Conditions; and a full Transfer fee will be due to Select Carers LLP.
You may be asked to give feedback on your care experience. If you choose to use this service, we reserve the right to remove any defamatory, abusive or offensive feedback at our discretion but are not obliged to do so. You agree to provide Select Carers the right to publish these reviews.
Select Carers takes all customer complaints seriously and is committed to learning from mistakes and improving our service for both current and future customers and Carers. If you have a complaint, please send this by email to hello@247LiveinCare.co.uk. We will normally respond within three business days.
By using the Select Carers services you consent that Select Carers may process the personal data that Select Carers collects in accordance with Select Carers Privacy Notice.
The terms and conditions and any dispute arising out of the site and/or the services shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or in connection with this site and/ or service.