Carer Terms of Service

Definitions of terms:Section titled Definitions%20of%20terms%3A

• “PrimeCarers” means the online marketplace for care provided via the PrimeCarers platform.
• “Carer(s)” means individuals working on a self-employed basis and delivering care services via the PrimeCarers platform.
• “Client(s)” means individuals using the marketplace service to search for care, engage with carers and enter a contractual relationship with carers.
• “Patient(s)” means the person receiving the care. However, they may also be a client, though in most cases tend to be a family member or guardian.

1. Introduction;Section titled 1.%20Introduction%3B

1.1 About PrimeCarersSection titled 1.1%20About%20PrimeCarers

PrimeCarers provides an online platform for self-employed carers to find and work with clients and vice versa. It also provides tools that allow them to work together, which include, but are not limited to:

• A database of self-employed carers, filtered by skill, area and time availability.
• Online payments system to enable transactions between self-employed carers and clients.
• A standard contract, executed at the agreement to provide services, valid for the service arranged and inclusive of agreements made between the carer and the client.
• Communication tools to facilitate interaction.
• Optional client and carer tools for organising their own care-related information. PrimeCarers does not create, review, supervise, or manage care plans, schedules, or care activity.
• Feedback tools on care provision.

The carer agrees that all work performed for client, or anyone that client refers them to as well as all onward chains from there, must be booked in and paid for via the PrimeCarers website or business (Helper.community Ltd). This includes all work done by any carers that carer refers the client to, outside of the PrimeCarers platform.

1.2 Introductory agency serviceSection titled 1.2%20Introductory%20agency%20service

In accordance with CQC guidance, PrimeCarers is classified as an ‘introductory agency'. PrimeCarers runs an online marketplace to facilitate the process of finding home care. PrimeCarers does not:

• Supply carers to clients
• Employ carers
• Act as an employment or care agency
• Make changes to the care plan
• Exercise control over the pricing or delivery of care

1.3 Limitations of serviceSection titled 1.3%20Limitations%20of%20service

All the tools provided by PrimeCarers are used at the client's and carer's own risk. PrimeCarers provides no guarantee over the functioning of the tools provided and reserves the right to withdraw any of them at any time for an unspecified period. PrimeCarers does not accept any liability for losses or liquidated damages caused by the unavailability or functionality of the service.

PrimeCarers disclaims any liability for any losses or controversies, injury or accidents, claims or liquidated damages arising from the use of its tools, as well as the engagement or the provision of care services by carers.

2. General Terms of Service;Section titled 2.%20General%20Terms%20of%20Service%3B

2.1 Eligibility to use the service; representations and warranties.Section titled 2.1%20Eligibility%20to%20use%20the%20service%3B%20representations%20and%20warranties.

By registering and using the service you confirm that:

• All the information provided by you is correct and accurate.
• you accept and will abide by Client-Carer Contract.
• You accept and will abide by our terms of service, you have the right to form legally binding contracts under UK law and are over 18 years old.
• You are eligible to legally work in the UK.
• You will be working on a self-employed basis and will fulfil all responsibilities and duties of a self-employed worker including paying all tax and National Insurance due to HMRC.

2.2 Account creationSection titled 2.2%20Account%20creation

To use this service carers must create an account on the PrimeCarers website. Each account must be a personal account and only one account is allowed per person. Carers must provide accurate and up to date information. You confirm you will keep passwords safe and secure and not allow anyone else to access your account. PrimeCarers reserves the right to change the terms and conditions of the site at any time and with immediate effect. PrimeCarers undertakes a level of due diligence to ensure each account belongs to one person.

By applying to PrimeCarers, carers give PrimeCarers permission to use the information they provide to undertake due diligence. This includes, but is not limited to, referencing that information during the interview, ensuring that any information displayed is accurate and checking your Identity and background information. This includes, but is not limited to, their DBS certificate and information made available via the DBS update service and other publicly available information.

2.3 Profile contentSection titled 2.3%20Profile%20content

Carers are directly responsible for the content that they upload to the PrimeCarers platform. Content must not be defamatory, offensive or inaccurate, false or misleading. PrimeCarers reserves the right to remove any content that does not meet these standards at our absolute discretion. By using this service, you agree only to use PrimeCarers for its intended and lawful purposes. PrimeCarers reserves the right to amend and edit the content for accuracy, correct grammar and general presentation in accordance with creating a positive user experience for clients.

2.4 Compliance with ContractSection titled 2.4%20Compliance%20with%20Contract

Once a carer has “accepted” a contract, they are bound to deliver the terms of that contract. The self-employed carer must negotiate with the client regarding any deviation from the contract, e.g. for time off or changes of contracted hours for leave, illness or personal circumstances. PrimeCarers can offer no mediation or intervention regarding perceived non-compliance unless asked.

2.5 Quality of Care deliverySection titled 2.5%20Quality%20of%20Care%20delivery

In your capacity as a carer, you agree to provide a professional, punctual, safe, compassionate, well communicated and diligent service to your clients and patients at all times. You must not accept a contract that involves duties beyond your level of competence. You agree to act honestly and with absolute integrity at all times. You should not sub-contract or offer work to any colleague or any associate unless you have agreed on this with the client. Any change to contract terms must be expressly communicated to the client in writing. As a self-employed person, you have a right to find a substitute for your absences. PrimeCarers encourages you to contact and liaise with other carers registered on PrimeCarers to this end and offers its services to ensure that the substitute meets a basic standard.

2.6 Compliance with Statutory RegulationsSection titled 2.6%20Compliance%20with%20Statutory%20Regulations

Carers must ensure they are in compliance with the Care Standards Act 2006, the Care Act 2015, the Safeguarding Vulnerable Groups Act 2006, the Protection of Vulnerable Groups (Scotland) Act 2007 and all other legislation and Governmental Authority guidance applicable to the care of vulnerable adults in force in the UK. In addition, you represent and warrant that you and each member of your household have never been the subject of a complaint, restraining order or any other legal action involving being arrested for, charged with, or convicted of any criminal offence involving violence, abuse, neglect, theft or fraud, or any offence that involves endangering the safety of others, dishonesty, negligence or drugs, and you are not, nor have you ever been, on the sex offenders register or other similar lists.

3. Release of liability for user conduct and disputes;Section titled 3.%20Release%20of%20liability%20for%20user%20conduct%20and%20disputes%3B

All agreements between clients and carers are legally binding. Where PrimeCarers is not a party to this agreement PrimeCarers cannot arbitrate or mediate unless the issue is raised directly with PrimeCarers.

PrimeCarers does not accept any liability for claims, demands or direct and indirect damages arising from disputes between clients and carers, however, PrimeCarers does offer resolution services where an issue is raised to us.

4. Issue Management Policy;Section titled 4.%20Issue%20Management%20Policy%3B

PrimeCarers may temporarily suspend payments where necessary to allow the Client and Carer to clarify a dispute. Any deductions, reimbursements or adjustments will be carried out solely in accordance with the instructions agreed between the Client and the Carer. PrimeCarers' involvement is administrative only and does not include determining liability, fault, or entitlement.

PrimeCarers reserves the right, at its absolute discretion, to refer the matter to the correct authorities, where they are better placed to arbitrate and manage the outcomes of any interaction and complaint.

To start the issue management process, an issue must be raised to PrimeCarers within 10 working days of the incident.

5. Payments and Cancellations;Section titled 5.%20Payments%20and%20Cancellations%3B

5.1 PaymentsSection titled 5.1%20Payments

Work contracts are agreed between clients and carers, however, all payments for work completed must be made via PrimeCarers; attempts to pay outside of PrimeCarers will lead to sanctions not limited to account suspension. Offers to pay outside of PrimeCarers, made by either party, must be reported to PrimeCarers immediately. This includes payments for all and any work done between the client and any third party you connect with the client.

All credit and debit card information is held in compliance with PCI and is secure.

5.2 Rates and feesSection titled 5.2%20Rates%20and%20fees

It is your responsibility to set your hourly rate for the care services you wish to provide. Hourly rates should not be changed during a contract agreement. Any changes in hourly rates that are made before the end of a contract must be agreed first with the other party and must result in the termination of the current contract and a new contract being agreed with the client. When setting your rate and negotiating with the client, you should account for PrimeCarers charging a service fee in accordance with our policy at the time, which is inclusive of VAT and which is deducted from your hourly rate as part of that commission.

PrimeCarers' commission is due and payable upon the creation of a booking and the generation of an invoice, and remains payable irrespective of any subsequent deductions, reimbursements, or adjustments made between the Client and the Carer, including deductions made to cover the Client's reasonable additional costs arising from the Carer's failure to provide the required notice. The Carer expressly authorises PrimeCarers to withhold, deduct and transfer funds held on the Carer's behalf in order to administer such reimbursements. Any withholding or transfer of funds by PrimeCarers is performed solely at the instruction of the parties and in accordance with authorisations granted under these Terms. PrimeCarers does not determine the existence, amount, or validity of any claim.

5.3 Set-Off and Recovery of OverpaymentsSection titled 5.3%20Set-Off%20and%20Recovery%20of%20Overpayments

PrimeCarers may deduct or withhold from any amounts payable to the Carer any sums which PrimeCarers reasonably determines are owed by the Carer to PrimeCarers, including overpayments, fees, chargebacks, or sums paid in error. PrimeCarers will provide the Carer with a statement explaining any such deduction.

5.4 Income Tax and National InsuranceSection titled 5.4%20Income%20Tax%20and%20National%20Insurance

By using this service as a self-employed carer you agree that you have made and will make all required legal and tax filings to HMRC. This includes making national insurance contributions and paying income tax.

5.5 Cancellations and absencesSection titled 5.5%20Cancellations%20and%20absences

PrimeCarers accepts that cancellations are inevitable, however, we discourage them. Where an emergency arises and absence is unavoidable, you must inform the client immediately, with as much notice as possible. When cancelling any agreed hours with a client, we ask you to notify PrimeCarers of your cancellation at the same time so that PrimeCarers may, if available, provide optional tools to help identify other carers. PrimeCarers does not provide replacement cover or guarantee availability.

If you fail to inform your client of any absences or changes in contracted hours and this results in a complaint from the client, we reserve the right to withhold your pay for the period where the unexcused absence occurred. Please bear in mind that cancellations and unexcused absences may also affect your rating on the platform.

In cases of a planned holiday or leave, you must inform the client of your wish to arrange cover at least 2 weeks in advance of such absence, and make best efforts to arrange cover with other carers registered on PrimeCarers. Any cover with a PrimeCarers carer must be agreed with the client beforehand and be registered through the platform as they would when accepting any other booking.

The cancellation policy in the Client-Carer Contract applies.

5.6 Unaccepted visitsSection titled 5.6%20Unaccepted%20visits

Once a visit has been agreed upon and scheduled, it is incumbent on the carer to confirm their attendance by accepting the visit. Attending unaccepted visits is strictly prohibited, however, where deemed acceptable by both parties, PrimeCarers will make any corrections necessary to negate any negative impact at their sole discretion. PrimeCarers does not accept any liability arising from the attendance of unaccepted visits and this visit may not be insured. Carers that do attend an unaccepted visit may be removed from the platform immediately.

6. Limitation of liability;Section titled 6.%20Limitation%20of%20liability%3B

6.1 Responsibility for contract acceptanceSection titled 6.1%20Responsibility%20for%20contract%20acceptance

You acknowledge that the decision to enter into a contract with a client is your sole responsibility and that PrimeCarers makes no warranty as to the suitability of any work assignment you accept via PrimeCarers, nor does PrimeCarers provide any warranty as to the character or honesty of any client or patient, or the truthfulness or accuracy of information provided by a client or patient.

PrimeCarers may take administrative action regarding platform access where safety concerns arise. This does not involve directing, supervising, or managing care delivery.

6.2 Risks of introductory serviceSection titled 6.2%20Risks%20of%20introductory%20service

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 PrimeCarers in relation to the service.

6.3 Breach of terms and conditionsSection titled 6.3%20Breach%20of%20terms%20and%20conditions

You agree to indemnify and not hold PrimeCarers responsible or make any claim or demand against PrimeCarers as a result of your breaching these terms and conditions.

7. Contractual Obligations;Section titled 7.%20Contractual%20Obligations%3B

By using PrimeCarers, you agree to use the service for all current and future work that takes place as a result of an introduction made through PrimeCarers. If you have been introduced to a potential client through PrimeCarers, you must not create contractual agreements outside of this service, with the deliberate intention of circumventing PrimeCarers fees. You must ensure all visits with your clients are booked on the PrimeCarers platform. However you may agree to additional terms, above and beyond the Carer-Client Contract, and we, PrimeCarers, make ourselves available for consultation under such circumstances.

8. Taking clients off the platform:Section titled 8.%20Taking%20clients%20off%20the%20platform%3A

You are prohibited from taking clients off the platform, to work with separately. This includes passing clients onto other colleagues not on PrimeCarers, unless they subcontracted through you, via an on-site booking. You agree that the act of requesting clients do this also violates this policy.

However, in exceptional circumstances, we may allow clients to do this at our sole discretion, for a fee to be discussed directly between the Client and PrimeCarers. If your client insists on working with you, but not via the PrimeCarers platform, and you are comfortable with that, it is your responsibility to let PrimeCarers know so we may arrange for this to happen.

If you solicit, request, encourage, or arrange for a Client to receive services outside the platform, whether or not that attempt succeeds, or if you fail to notify PrimeCarers where a Client insists on working with you outside the platform, you agree to pay liquidated damages. You agree that the damages likely to be suffered would be difficult to quantify. Therefore, as a genuine pre-estimate of the loss and not as a penalty, you agree to pay PrimeCarers £2,500, which represents a genuine pre-estimate of the loss ordinarily incurred by PrimeCarers when clients are taken off-platform, including lost commission revenue, investigation costs, and administrative costs.

In addition, your account will be terminated.

When working with a client via a third party (such as a care agency or other body), you are restricted to communicating with that third party only. You may only communicate with the family and patient with the consent of that third party. Beyond the end date of your relationship with that third party, you are prohibited from communicating with the family and patient, without the consent of the third party. The third parties' consent may be withdrawn at any time, at their sole discretion.

We ensure compliance in a number of ways:

1. We have client accounts that test possible circumvention
2. We pay clients to test, collect evidence and tell us about attempted circumvention
3. We use Private Investigators where we suspect circumvention
4. Other online means, as available to us

We retain the right to prosecute in perpetuity.

9. Non-Solicitation Clause;Section titled 9.%20Non-Solicitation%20Clause%3B

You are prohibited from directly engaging any client introduced to you by PrimeCarers for the purpose of providing care services outside of the PrimeCarers platform without prior written consent from PrimeCarers. This restriction applies for a period of 12 months from the date of introduction of the client to you. This clause is intended to protect PrimeCarers’ legitimate business interests, including client relationships and confidential information.

By using the PrimeCarers platform, you agree to adhere to this non-solicitation clause and understand the potential consequences of breaching this agreement.

10. Termination of your profile;Section titled 10.%20Termination%20of%20your%20profile%3B

You shall immediately notify PrimeCarers should your circumstances change and you are no longer able to accept client work via PrimeCarers. You are expected to carry out a high-quality service at all times. PrimeCarers reserves the right to terminate your profile, if it comes to our attention that your service is not up to standard or you are failing to deliver on reasonable promises made, as determined by PrimeCarers, or the terms and conditions have been breached, or in the case that jobs have been frequently turned down. This decision is at the sole discretion of PrimeCarers and no justification needs to be provided for the termination of a profile. Any severe offences will result in but are not limited to, the immediate termination of a carer’s profile.

11. Quality assurance and background checks;Section titled 11.%20Quality%20assurance%20and%20background%20checks%3B

By using this site or service you authorise PrimeCarers to carry out certain background checks and audits at a time of their choosing. PrimeCarers 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 registers, social media, criminal registers and other legally available databases and resources. PrimeCarers has no obligation to perform checks and releases all liability associated, which results from checks. However, PrimeCarers may review documentation submitted by carers for verification purposes, but does not supervise, warrant or guarantee suitability. Clients and Carers are responsible for assessing suitability for their own arrangements. PrimeCarers reserves the right to exclude a carer from the PrimeCarers carer directory on the basis of findings in the DBS check. You also warrant that you have not been the subject of a restraining order or any other civil action.

12. Feedback, marketing and customer reviews;Section titled 12.%20Feedback%2C%20marketing%20and%20customer%20reviews%3B

We ask clients to feedback on the experience they had with you. The feedback will contribute towards the review section on your PrimeCarers profile. Customer feedback should be honest and you must not offer incentives in exchange for better feedback or try to influence a customer to deviate from their true and honest view. We reserve the right to remove any defamatory, abusive or offensive feedback, on request and at our discretion, but are not obliged to do so. You agree to provide an exclusive and perpetual right for PrimeCarers to publish customer reviews on your profile, and you must not attempt to delete customer reviews or create a new profile to delete poor feedback. Your profile data including biography and photograph (without identifying details) may be used from time to time in print and online marketing initiatives to generate more demand for your services. You also give PrimeCarers a perpetual and non-exclusive right to share your information with third parties. If you wish to opt-out of this activity, please contact [email protected]

Also, we ask that you raise any issues you encounter with clients to PrimeCarers, so that they may be reviewed. This includes any instance where you see issues involving vulnerable people in accordance with PrimeCarers safeguarding policy.

13. The Care Miles ProgrammeSection titled 13.%20The%20Care%20Miles%20Programme

At PrimeCarers we offer "Care Miles". Once earned, Care Miles reduce the amount paid to PrimeCarers in commission.

The earning of Care Miles is at our complete discretion. Care Miles have no external value, they cannot be traded, and the value of Care Miles can be changed at any time.

PrimeCarers reserves the right, at its absolute discretion, to withdraw an individual's Care Miles, to end the programme, to change the rewards stemming from Care Miles, and to otherwise alter the programme in any way, at any time, without warning or explanation.

14. Privacy Statement;Section titled 14.%20Privacy%20Statement%3B

By using the PrimeCarers services you consent that PrimeCarers may process the personal data that PrimeCarers collects from you in accordance with PrimeCarers Privacy Policy.

15. Confidentiality;Section titled 15.%20Confidentiality%3B

You agree to keep strictly confidential any information you receive via any medium or format about potential, existing and past clients from either PrimeCarers or the clients themselves. This includes but is not limited to personal information and medical information, that is not already in the public domain.

16. Governing Law;Section titled 16.%20Governing%20Law%3B

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 connection with this site and/ or service.

Contact Information;Section titled Contact%20Information%3B

If you have any questions about the terms and conditions or the services provided by PrimeCarers please contact us at [email protected].