Client Terms of Service

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

• “PrimeCarers” means the online marketplace for care provided via the PrimeCarers platform.
• “PrimeCarers” 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. They may also be a client, however, in most cases tends to be a family member or guardian.

IntroductionSection titled Introduction

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 in the chat function and any oral agreements.
• Communication tools to facilitate interaction.
• Care planning and scheduling tools.
• Monitoring tools for customers to monitor care activity.
• Feedback tools on care provision.

The client agrees that all work performed by a carer, or their substitute, found or re-connected with, via the PrimeCarers website, must be booked in and paid for via the PrimeCarers website or business (Helper.community Ltd).

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

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

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

2.1 Eligibility to use the services; representations and warrantiesSection titled 2.1%20Eligibility%20to%20use%20the%20services%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 our terms and conditions.
• you accept and will abide by Client-Carer Contract.
• you have the right to form legally binding contracts under UK law and are over 18 years old.

2.2 Carer selectionSection titled 2.2%20Carer%20selection

By registering for and using PrimeCarers, as a client, you agree that it is your responsibility to select a carer for yourself or any other persons and that, whilst PrimeCarers does provide assistance, the choice and therefore responsibility for any subsequent carer or other event involving that person or persons they connect you with, ultimately, remains yours.

2.3 Vetting and background checking of carersSection titled 2.3%20Vetting%20and%20background%20checking%20of%20carers

PrimeCarers makes reasonable efforts to check the identity and information provided by carers. This includes visual checks including but not limited to::

• passport (confirm the identity and their right to live and work in the UK).
• existing DBS checks.

PrimeCarers does not fully check but does provide some level of audit over carers:

• stated qualifications and training certificates (where available)
• references from previous employers

Where carers cannot provide proof of having passed a DBS, PrimeCarers engages with an external party to provide them with one.

Whilst PrimeCarers interviews every carer on the platform, PrimeCarers is not responsible for, nor has any control over, the quality, punctuality, legality, reliability, responsibility, integrity or suitability of the carers on the platform.

As things change over time, PrimeCarers recommends that clients carry out their own assessment of a carer’s suitability before engaging in a contract with them by:

• Interviewing carers.
• Verifying a carers identity via photographic ID.
• Requesting proof of experience, training, qualifications, authorisation and suitability for the position for which they are applying.
• Checking the carer's Enhanced DBS
• Following up on references of carers.

2.4 Insurance coverSection titled 2.4%20Insurance%20cover

Whilst carers are not statutorily required to have insurance, PrimeCarers does provide this vicariously for every visit arranged through the platform, only where the carer does not have their own. Please see the Insurance document for details of our industry-leading insurance provider, where we provide similar cover.

2.5 Code of conductSection titled 2.5%20Code%20of%20conduct

You commit not to discriminate against a carer based on race, nationality, disability, gender, religious grounds, or any other potential source of discrimination.

In addition, you represent and warrant that you and each member of your household or household in which the carer will, at any point, be expected to work, have never been the subject of a complaint, restraining order or any other legal action involved with 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 are not nor have ever been on the sex offenders register or other similar lists.

2.6 Contract complianceSection titled 2.6%20Contract%20compliance

On agreement, whether through the website, over chat or any other format, that the work should take place, you enter into PrimeCarers standard Client-Carer contract, the terms of which can be found on the PrimeCarers website. This contract allows for additional terms agreed to be added in written form.

PrimeCarers offers no mediation or intervention regarding perceived non-compliance with the contract unless an issue is raised directly with PrimeCarers within 10 days of any transgression.

2.7 Permitted useSection titled 2.7%20Permitted%20use

You are not permitted to use the service, other than for the following, private, non-commercial purposes:

• Viewing the website.
• Sending genuine inquiries to carers regarding the use of their services for your own or a care recipient’s care needs.
• making/reviewing/changing bookings.
• Checking carer feedback and care plan status.
• Changing personal information such as billing information and the care plan.
• Communicating with PrimeCarers representatives by phone, email to arrange bookings, seek advice or activate a dispute resolution request.

The use of automated systems, manual copying or software to extract data from the website for commercial purposes, is prohibited unless the third party has been awarded a written licence by PrimeCarers. Any breach of these terms renders the user liable for damages, to be determined in the local jurisdiction.

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

As a simple service provider, 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, however does not warrant the this service will be successful.

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

Where there is a disagreement between the client and the self-employed carer, they may raise it with PrimeCarers. This will trigger our issue management process, where PrimeCarers will examine the evidence provided by both sides and the data contained within our systems, to attempt to come to as fair a resolution as possible. This data includes chat logs, visit reports and client and carer behavior history.

PrimeCarers reserves the right, at its absolute discretion, to defer payment in escrow, reimburse or cease contractual payments at any time. We offer no guarantee that, when an issue is raised, that clients or carers will be reimbursed or paid.

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

5. Payment and cancellations;Section titled 5.%20Payment%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, including damages and account suspension. Offers to pay outside of PrimeCarers made by either party must be reported to PrimeCarers immediately. This includes payment for all and any work done between the carer and any third party you connect with the carer.

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

As a client, you represent and warrant that you have the funds available to pay for the services. If you are invoiced on a weekly basis, payment must be made within 7 days. If you are invoice on a monthly basis, payment must be made within 30 days, beyond which statutory interest will be applied.

5.2 Hourly carer ratesSection titled 5.2%20Hourly%20carer%20rates

Hourly rates are set by the carer and may be subject to change. Hourly rates should not be changed during a contract agreement. Any change in hourly rates that are made before the end of a contract must be agreed to by both parties in writing and must result in the termination of the current contract and a new contract being formed and agreed upon.

5.3 PrimeCarers feesSection titled 5.3%20PrimeCarers%20fees

PrimeCarers charges a commission fee, which is inclusive of VAT based on the carer's hourly rate. This commission is already included in the rate stated on each carer’s profile on the Marketplace. PrimeCarers reserves the right to alter the terms of its commission structure at any time, including the addition of any changes it sees fit to impose to ensure the continued delivery of its services. Any change will be made clear to you at the time of purchase.

5.4 VATSection titled 5.4%20VAT

PrimeCarers does not charge VAT on the service provided by self-employed carers, however, we do charge 20% VAT on the commission we take for services provided, which is paid for out of our commission taken from the carers, except where further client charges apply, so is not added to the agreed carer rate.

5.5 RefundsSection titled 5.5%20Refunds

PrimeCarers does not provide refunds or credit for purchase cancellations, however, PrimeCarers may, at its absolute discretion, issue refunds or credit when it believes they are warranted.

5.6 CancellationsSection titled 5.6%20Cancellations

PrimeCarers accepts that cancellations are inevitable, however, we discourage them. We encourage both parties to act fairly in the event of any cancellation, to preserve the health of the patient above all else. We ask carers to give adequate notice as part of our terms of service with them, however, we accept that this may not be possible on all occasions. We endeavor to uphold the cancellation policy in the Client-Carer Contract.

5.7 Fake visitsSection titled 5.7%20Fake%20visits

Booking in fake or dummy visits is strictly prohibited due to the confusion they cause and the risk that arises from such confusion. PrimeCarers does not accept any liability for these visits.

Limitation of liability;Section titled Limitation%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 carer is your sole responsibility and that PrimeCarers gives no warranty as to the suitability, experience, history or character of any carer, nor does PrimeCarers give any warranty as to the completeness, truthfulness or accuracy of any information or documentation provided by the carer.

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 about the service.

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

You agree to indemnify and hold PrimeCarers harmless from any claim or demand brought against PrimeCarers as a result of you breaching these terms and conditions.

6.4 Liability capSection titled 6.4%20Liability%20cap

You acknowledge that PrimeCarers total liability to you, whether in respect of goods or services and whether based on negligence, breach of contract, misrepresentation or otherwise, shall not exceed the value of the total commission income PrimeCarers derived from you via the PrimeCarers service.

7. Quality assurance and background checks;Section titled 7.%20Quality%20assurance%20and%20background%20checks%3B

By using this site or service you authorise PrimeCarers to carry out background checks and audits at a time of their choosing. for you and the carer's safety. PrimeCarers reserves the right, but not the obligation, to use third parties to scan your personal information on an ongoing basis against a variety of sources which may include, but are not limited to, social media, criminal registers and other legally available databases and resources. PrimeCarers has no obligation to perform checks and is released from all liability associated with such checks.

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

You are prohibited from taking carers off the platform (off platforming), to work with separately. This includes passing carers onto others, who then fail to book them through the PrimeCarers platform. You agree that requesting that carers to work off the platform also violates this policy.

We don't encourage you to take our carers off the platform, to work with you separately because:

• You will have no way of knowing if they have committed a crime recently.
• They won't be insured.
• Booking and managing visits will be difficult.
• You will have to pay them in cash.
• You won't have anyone to turn to when something goes wrong.

However, we do facilitate this. When you choose to take carers straight off the platform, we charge a one-off "off platforming" fee of £2,500, which may be reduced at our sole discretion. We also offer a 50% rebate on any one-off fee if the carer leaves you within 4 weeks, and a 25% rebate if the carer leaves you within 8 weeks.

If you have worked with your carer for over 12 months, via the PrimeCarers platform this fee is reduced to £1,000, which may be reduced at our sole discretion. No rebate is available in this case.

In the event of non-payment of the designated 'off platforming' fee, you agree to pay liquidated damages to PrimeCarers. Recognising the inherent difficulty in precisely quantifying such damages, this sum is determined as a bona fide pre-estimate of loss, and not as a punitive measure. Consequently, you shall be liable to pay £5,000 in liquidated damages, for each individual act of off platforming. It is expressly understood that this liability applies on a per instance basis; thus, should the undersigned party engage in multiple separate instances of off platforming with different carers, each instance shall independently attract its corresponding liquidated damages, cumulatively amounting to multiple liabilities as incurred.

In addition, your account will be terminated.

We ensure compliance in a number of ways:

1. We have carer accounts that test possible circumvention
2. We pay carers 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 carer 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 carer 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. Feedback and customer reviews;Section titled 10.%20Feedback%20and%20customer%20reviews%3B

You are asked to feedback on your care experience, which will affect each carer’s ranking on PrimeCarers. Feedback should be provided honestly and you must not attempt to falsify, manipulate or coerce a carer by threatening negative feedback. Any attempts of a carer to influence you in your feedback on them or any attempt to change your opinion unduly should be reported to us. This is for your safety. 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 an exclusive and perpetual right for PrimeCarers to publish these reviews.

11. Contractual Obligations;Section titled 11.%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. You must not create contractual agreements outside this service with carers introduced to you on PrimeCarers, with the deliberate intention of avoiding our fees. Any severe offences will result in but are not limited to, the suspension or immediate termination of a client’s profile, at PrimeCarers total discretion and damages as previously stated.

12. Safeguarding Policy;Section titled 12.%20Safeguarding%20Policy%3B

PrimeCarers takes the safety of all parties using PrimeCarers extremely seriously and requires carers to comply 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 is at risk of 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 PrimeCarers does not directly provide care, we take our duties as a responsible organisation seriously and will endeavor to ensure a duty of care to all participants on the platform.

In instances where there is evidence to suggest that a client may not be able to safely and competently use our services, and in cases where evidence has been provided that states the client has committed any offence, or has placed a carer in danger, we reserve the right at our absolute discretion to limit access to the platform on a temporary or permanent basis.

13. Complaints Policy;Section titled 13.%20Complaints%20Policy%3B

PrimeCarers is committed to learning from mistakes and improving our service for both current and future customers and carers. We aim to respond to issues raised within 48 hours and investigate every matter referred and take appropriate action where necessary. This included referring incidents to the correct authorities, where they are better placed to mediate and manage any past action, in line with CQC expectations. If you have concerns regarding the performance, behavior or competence of a carer, we will investigate the matter and take proportionate action, at PrimeCarers absolute discretion, ranging from feedback to account suspension. We will also endeavor to find a replacement carer where at all possible.

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 them in accordance with PrimeCarers Privacy Policy, which includes other relevant data processing regulations under the UK and other relevant jurisdictional law. All platform data is held with the UK, in accordance with UK law.

15. Governing Law;Section titled 15.%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%3A

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