Terms and Conditions of Business
Definitions within these terms & conditions:
“The Company” and related words apply to A Class Care Ltd
“Hirer” refers to any individual or organisation those contracts to the services provided by “The Company”
“Contract” refers to the Schedule of Chargeable Fees, the agreed scope of work as arranged between “The Company” and the “Hirer”, these Terms & Conditions of Business and any other document or term incorporated into a contract between “The Company” and the “Hirer”.
Carer refers to any suitable employee of A Class Care Ltd who provides Care help to the “Hirer”
1.1 These conditions shall apply to all contracts for the provision of Carers provided by A Class Care Ltd.
1.2 No additions or modifications to these terms shall be binding upon “The Company” unless agreed in a document expressly referring to a modification, alteration, or violation of, or to, the relevant condition.
1.3 The acceptance by, or on behalf, of the “Hirer” of the services of any person supplied by “The Company” shall be deemed as acceptance and agreement to these Terms and Conditions of Business.
2.1 All charges are calculated by the number of hours worked by the Care Worker during the assignment. Variations may be agreed between you and the Company and will take effect from the date of the agreement.
2.2 The charges comprise:
The Care Workers payment, National Insurance contributions and where applicable holiday pay entitlement.
The company fees
Travel, hotel or other expenses as may have been agreed with you or, if there is no such agreement, such as expenses as are reasonable.
The Company operates a payroll and deducts from sums paid to the Care Worker, Schedule E income tax (“PAYE”), National Insurance primary contributions. The Company accounts to the HMRC for PAYE, primary National Insurance Contributions and secondary National Insurance contributions, in accordance with section 134 of the Income Corporation Taxes 1988 and paragraphs 2 and 5 of the Social Security (Categorisation of Earners) Regulations 1978.
In the event that the Care Worker is Self Employed, a limited company contractor and/or supplied through a limited company contractor, the Company will pay all sums due without deduction of Income Tax or National Insurance.
Price & Payment Terms
3.1 The “Contract” price consists of a charge per hour and per 30 minutes. This is payable by the “Hirer” in respect of work carried out by the Carer supplied by “The Company”.
3.2 The charge shall be the charge stated in the contract.
3.3 Payment in full for the home help services provided shall be deemed due and payable by no later than 14 days following the date of the Invoice (“the Due date”). All payment will be made by a cheque, credit card, bank transfer or direct debit to the account of The Company at a bank to be nominated in writing by The Company.
3.4 The Company reserves the right, at any time, a deposit of an amount to be agreed as a security against the final payment. An Administration fee will be charged for a replacement/copy of invoices at a rate of £3.00 per copy.
4.1 If a payment is not received in full by the Due Date, the “The Company” reserves the right to charge interest at 10% on any overdue sums until the amount is repaid in full.
4.2 “The Company” reserves the right to recover from the “Hirer” all direct expenses reasonably incurred by “The Company” in the collection of any overdue sum.
4.3 “The Company” will normally give a minimum of 2 weeks advance notice of its intention to change its’ scale of charges.
4.4 The Company reserves the right to refuse to supply services in the event of your failure to make payments within the stipulated payments terms.
4. Action for Payment
4.1 Notwithstanding any provision in the Contract “The Company” shall be entitled to maintain an action for the total payment or balance thereof any time after the date when payment is due.
Waiver of Payment
5.1 In the event any Carer contracted failing to satisfy the “Hirer’s” reasonable standards, the “Hirer” must notify “The Company” immediately. Where the problem concerned can only be resolved by removal of the Carer, “The Company” will replace him/her with a suitable alternative Carer. “The Company” will agree to the charges set out in the Contract being waived for the period of unsatisfactory service, provided that the “Hirer” notifies “The Company” within 24 hours of the work commencing.
6.1 It is in your interest to ensure that a timesheet covering the work undertaken by the Care Worker is countersigned by you or on behalf of the client. Failure on your part to countersign the timesheet will not affect your liability to pay Charges for Services provided.
6.2 The timesheets acts as a record of the amount of time worked, on which charges are based and is final and binding in any event, whether countersigned by you or not.
6.3 Any queries must be raised by you to the Registered Manager in writing within 4 working days of Care Workers last day of attendance.
7.1 You are required to provide suitable accommodation and meals for the Care Worker who are deployed on Live In duties and suitable facilities for rest or sleep for the Care Worker on sleep in duties.
7.2 For the avoidance of doubt and in this context, a suitable facility for rest means a bed with sufficient privacy to enable the Care Worker to rest or sleep. The cost of meals or any other type of benefit in kind for the Care Worker is not deductable from the invoiced cost of providing the services.
Alternative Health Care Worker
8.1 The Company cannot guarantee that a particular Care Worker will be able to remain with you throughout the entire period during which you require services of the Care Worker. The Company will use its reasonable endeavours to arrange for a Care Worker to be available to you when requested to do so but does not accept liability for its failure to do so.
8.2 If a Care Worker leaves prematurely, or fails to attend then please contact our Registered Manager immediately. The Company will use its reasonable endeavours to find an alternative Care Worker as soon as reasonable practicable.
9.1 The Company aims to provide equal opportunities for all its Care Worker and clients irrespective of their sex, age, gender, marital status, race, nationality or ethnic origin, physical or mental disability, sexual orientation, religious or philosophical beliefs. The Company will not accept unlawful discriminatory requests.
10.1 “The Company” shall not be liable, under any circumstances, for any loss, damage, or expense suffered, or incurred by the “Hirer” arising from, or in any way connected to the Carer provided to the “Hirer” by “The Company”.
11.2 “The Company” has adequate insurance cover.
Permanent Engagement of Carers
12.1 Where the “Hirer” wishes to engage the Carer in direct employment, or introduce him/her to a third party for direct employment, the following conditions shall apply:
Firstly, the “Hirer” will notify “The Company” immediately
2. The “Hirer” will retain the services of the Carer as an employee of “The Company” for a further period of 4 weeks
The “Hirer” will pay “The Company” the sum of £4,000.00
In addition, the client hereby undertakes not to entice or solicit services provided by the Carer from “The Company” to work directly for them.
To discourage such practice a charge of £4,000.00 will be made to the client in the event the client engaging the Carer to work for them within 24 months of leaving “The Company”.
No refund of the transfer fee will be paid in the event that the Engagement subsequently terminates or in any other circumstances.
13.1 “The Company” will take all such steps as are reasonably practicable to obtain from the “Hirer” as much information about the work for which the Carer is to be supplied as is necessary for the purpose of selecting a suitable person to do that work.
13.2 Every effort will be made by “The Company” to provide a complete service to the “Hirer” by ensuring reasonable standards of skill, integrity and reliability from its’ Carers and to provide them in accordance with booking details.
13.3 A scope of work will be drawn up by the “Hirer” and the “Company” prior to the commencement of work.
13.4 Each visit by the Carer will be recorded on a timesheet.
14.1 “The company” will make reasonable charges at the going rate for fuel should the carer use their car to take a client for shopping etc. The carer will put in a fuel claim for mileage used whilst undertaking the call.
Termination of the Contract
15.1 If the “Hirer” wishes to terminate the Contract with “The Company” then the “Hirer” must give a minimum of 1 month’s notice of termination of the Contract. “The Company” reserves the right to charge for 48 hours where adequate notice is not received.
15.2 “The Company” reserves the right to give 1 weeks’ notice of termination of the Contract.
Notice of Care
16.1 “The Company” reserves the right to charge if less than 48 hours adequate notice is not received.
Holidays and Hospital
17.1 “ The company” reserves the right to charge half the invoice the week the client is away either on holiday or hospital for a maximum period of 2 weeks.
18.1 The Company will use its reasonable endeavours to provide the services but, should the Company’s ability to do so be interrupted or interfered with by an event of force majeure, then The Company’s obligations will be suspended while the interference or interruptions continues and the Company will not be liable to you for any loss you may suffer or costs incurred by you as a result of the interference or interruption. For the purposes of this clause, 18.1, an event of force majeure shall mean any cause beyond the control of the Company, including without limitation: strikes, lock out or other industrial dispute, act of God, war, riot, civil commotion, fire, flood or storm.
19.1 These Terms of Business shall govern the contract between the Company and you for the supply of the Services to the exclusion of all and any other terms and conditions.
19.2 No variation, addition to or modification of these Terms of Business shall be binding or form part of these Terms of Business unless previously agreed in writing by the Company.
19.3 No waiver by the Company of any breach of these Terms of Business shall be considered as a waiver of any subsequent breach of the same or any other provision
19.4 The laws of England shall govern these Terms of Business and you agree to submit to the non-exclusive jurisdiction of the English Courts.
19.5 If any provision of these Terms of Business is held to be void or unenforceable in whole or in part, these Terms of Business will continue to be valid as to the other provisions thereof and the remainder of the affected provision.
20.1 In accepting these Terms of Business (and in accordance with the Data Protection Act 1998) you agree that information you have provided to the Company may be used by the Company to comply with is obligations contained in these Terms of Business and Employment Protection and Other Relevant Law and, in particular, that the Company may forward such information to Care Workers and keep records of such information in order to comply with the Conduct of Employment Agencies. You agree that the Company may use this information to conduct Market research and to keep you informed of the latest Health Care developments, legislation and policy changes and Company initiatives.