Carer/Client Contract

Client-Carer Contract:Section titled Client-Carer%20Contract%3A

If you are a Client or a Carer, the terms below are applicable to you:Section titled If%20you%20are%20a%20Client%20or%20a%20Carer%2C%20the%20terms%20below%20are%20applicable%20to%20you%3A

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, delivering care services via the PrimeCarers platform.
• “Client(s)” means individuals using the marketplace service to search for care, engaging with carers and entering a contractual relationship with carers.
• “Patient(s)” means the person receiving the care. They may also be a client, however, in most cases tend to be a family member or guardian.

Introduction:Section titled Introduction%3A

The specifics of this agreement (i.e. pricing, dates and times of visits) are generated and stored in the PrimeCarers database and are accessible on request. This document forms the broad outline and key terms of the agreement and, where specifics are relevant, this will be flagged up to the client, bringing the relevance of external data to the reader’s attention.

This agreement is the standard agreement between Clients and Carers operating over the PrimeCarers platform (known as Helper.community LTD on Companies House).

General terms:Section titled General%20terms%3A

This is an agreement between the carer and the client, whose specific identity is created on the agreement of work to be done, for the provision of services via the PrimeCarers platform.

Each party agrees to work together in good faith and to the best of their ability to optimise the level of care provided to the patient.

Party specific terms:Section titled Party%20specific%20terms%3A

The Carer agrees to:

• Treat the client with respect, courtesy, fairly and without discrimination.
• Recognise that the wishes of the Client are paramount in the provision of the tasks outlined in any formal care plan and/or as outlined in the visit details on the PrimeCarers website.
• Provide the services in accordance with the client’s initial request as well as those made and agreed upon thereafter, and confirmed in writing following conversations, or in the care plan, or any associated patient information, including medication schedules and specific condition information.
• Work with the client and patient to identify the major risks to all parties, or any third party, that could affect the provision of the services agreed. The carer and client will work with the patient to reduce these risks, including any Health and Safety concerns within the workplace.
• Ensure that there is clear and regular communication between themselves and the client with regards to the services requested and provided to the patient.
• Work to the best of his/her ability and to be able to offer an appropriate level of skill and experience to meet the needs of the patient and the requests of the client.
• Not undertake work that he/she feel unqualified to perform and, where appropriate, ask the client to delegate such duties to another.
• Use reasonable efforts to work with anyone the client or patient has chosen to advocate on the patient’s behalf. This might be a family member, friend or somebody in their existing circle of support, including doctors and other third parties.
• Respect the confidentiality of the client and the patient in all contact with other organisations and individuals, outside of the provision of the services agreed.
• The carer acknowledges that this agreement imposes no obligation on the client or their representative to provide the carer with any additional assignments, beyond the agreed notice period.

The Client agrees to:

• Treat, and ensure the patient treats, the carer with respect and courtesy.
• Provide a safe working environment and, in doing so, work with the carer to identify and address any reasonable Health and Safety concerns within the workplace.
• Provide carers with clear instructions and provide clarification where needed, as well as guidance and advice to improve the level of care.
• Ensure that there is clear and regular communication between themselves and the carer, with regards to the services requested and provided to the patient.
• Ensure access to any location is provided in a timely manner, so that the carer may work with the patient. If the carer is prevented from carrying out the tasks assigned in the care plan and visit details by the actions of the Customer or Client, they may still charge as if those services had been provided.
• Inform the carer if, for some reason, the patient is unable to receive the service as agreed due to illness, appointments or not being available for any other particular reason as soon as possible.
• Rate the carer during and/or at the end of their work with them, and provide feedback directly or published online when requested, or when they feel appropriate, at the level of anonymity they feel is appropriate.
• Not to pressure the carer into providing services that the carer feels unable to provide safely.
• Pay all fees on time and in full.
• Acknowledge that this agreement imposes no obligation on the carer, or their representative, to provide any additional care.

Lateness;Section titled Lateness%3B

If the carer believes they are going to arrive 10 minutes after the agreed start time, they must contact the client or patient as soon as possible. The client may end the contract due to continual lateness, in accordance with the below cancellation policy.

Breaks;Section titled Breaks%3B

For hourly care, and in accordance with UK law, the carer is entitled to a 20-minute uninterrupted break, every 6 hours. For Live-in care, the carer is entitled to at least 2 hours break per day, which may be taken throughout the day, in one 2hr slot or at other times across the week or month. The carer will endeavour to identify a period where the impact of their uninterrupted break is minimised.

If the carer cannot fit their breaks in throughout the day, then it is incumbent on the carer to alert the client to this, and formally agree on providing cover such that breaks can be taken.

Fees;Section titled Fees%3B

Fees for the services will be as agreed in the initial offer and, in accordance with the PrimeCarers terms of service, to be found on the PrimeCarers website.

Bank holidays will be charged at one and a half times the carer's normal rate, and Christmas day will be charged at 2 times the carer's normal rate.

No travel expenses will be charged, however, they may be charged where parties mutually agree.

Invoices and Payment;Section titled Invoices%20and%20Payment%3B

Unless specifically agreed otherwise, invoices will be submitted and paid on a Sunday, and paid immediately, or as allowed by the chosen transaction method, via the PrimeCarers platform (this is automated), and will be made available before the execution of duties and after each visit, held in escrow by PrimeCarers (Helper.community Ltd) in the interim (a visit may be of any duration).

Expenses;Section titled Expenses%3B

The carer shall be entitled to be reimbursed by the client for all out of pocket expenses wholly, exclusively and properly incurred in the performance of the services subject to the carer providing the client with vouchers, receipts or other evidence of the actual payment of such expenses and subject to the arrangement being specifically agreed in advance by the client. This excludes travel expenses.

Travel expense may be discussed and agreed to separately, at the request of either party.

Tax Liabilities;Section titled Tax%20Liabilities%3B

The carer and the client declare and confirm that parties intended that the carer shall have the status of a self-employed person and shall be responsible for all income tax liabilities and national insurance or similar contributions in respect of his or her fees, and accordingly the carer hereby agrees to indemnify the client in respect of any claims that may be made by the relevant authorities against the client in respect of income tax and national insurance or similar contributions relating to the services under this agreement.

Confidentiality;Section titled Confidentiality%3B

The carer acknowledges that, during this agreement, he or she is likely to obtain confidential information concerning the patient’s or client’s personal and public affairs. As such, the carer agrees that he/she shall:

• not use confidential information other than directly in service of the client in connection with the provision of services.
• not at any time disclose or divulge to any other person and shall use his/her best endeavours to prevent the publication or disclosure of any confidential information by any other person.

The restrictions set out in the privacy policy shall cease to apply to information or knowledge which comes into the public domain.

The client and the carer agree to comply with all applicable data protection legislation, including but not limited to the Data Protection Act 1998, EUGDPR and any subsequent amendments. Further restrictions may be imposed only with the consent of both parties.

Communications;Section titled Communications%3B

Any communication to be given pursuant to the terms of this agreement shall be in writing and shall be delivered by email, WhatsApp or other email/chat services on the PrimeCarers Platform.

Dispute Resolution;Section titled Dispute%20Resolution%3B

In the event of a dispute arising out of or in connection with this contract and which has not been resolved following discussions or negotiations between a person or persons appointed or authorised by the client and the carer, then they undertake to attempt to settle the dispute by engaging in good faith with the other, in a process of mediation before commencing arbitration or litigation.

Indemnity;Section titled Indemnity%3B

The carer further guarantees to the client that, when requested, they will take out and maintain throughout the term of this agreement, adequate insurance in respect of public liability insurance coverage, with an insurance office of repute to protect themselves against any liabilities arising out of this agreement.

Notices;Section titled Notices%3B

All notices shall be in writing and shall be deemed to have been duly given when delivered by email, WhatsApp or other email/chat provision service.

For care provided on an hourly basis, both parties agree that a 48hrs notice is required prior to the cancellation by either party. For Live-in care, both parties agree that a 7 day notice period is required prior to cancellation by either party. This comes into effect after 7 days have been worked, i.e. the carer has been present for 168hrs total, prior to which only 48 hours notice is required. Where this clause is broken, the carer agrees to the forfeiture of any unpaid income.

In the event of cancellation by the client, the client agrees to pay the full cost, with the exception of unplanned hospitalisation, illness or “other”, “other” being at the sole discretion of PrimeCarers as a mediator.

Where the above exceptions are not met, the carer may choose the waive part or all of the cancellation fee, at their sole discretion, and then only in writing to PrimeCarers.

Where the client takes significant exception, they may appeal to PrimeCarers, who, with the agreement of the carer, may waive part or all of the fee owed. PrimeCarers may also waive the fee at their sole discretion, so long as the cost is incurred by PrimeCarers.

Where agreed by both parties, the notice period as stated above may be changed to reflect the needs of the carer or the client. This must be stated in writing and consented to in writing by the other party, and will not take place under duress and will only come into effect after 48hrs in the care of hourly care, or after 1 week in the case of live-in care, following the date of the agreement.

Status of the carer;Section titled Status%20of%20the%20carer%3B

The carer is a self-employed contractor and nothing in this contract will make them an employee, worker, agent or partner of the client or patient. This contract is for the provision of care and support services to the client or patient and does not create a contract of employment.

The carer may provide care or other services to other individuals or organisations. The carer may contract somebody else to provide the services on their behalf providing they are suitably qualified and able.

Substitutions;Section titled Substitutions%3B

Carers have the right to substitute themselves for another carer at their sole discretion. PrimeCarers offer both parties access to their on-platform checks to assist with this. Clients may choose to waive this service, thus ensuring the carer's right to substitution.

No Employment;Section titled No%20Employment%3B

Nothing in this agreement shall be deemed to render the carer an employee of the client. This agreement does not create any mutual obligation between the carer and the client.

Force Majeure;Section titled Force%20Majeure%3B

If either party to this agreement is prevented or delayed in the performance of any of its respective obligations under this agreement by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue.

For the purpose of this Agreement ‘force majeure shall be deemed to be any cause affecting the performance of this agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party and inter alia including, but not limited to the following:

• strikes, lockouts or other industrial action.
• civil commotion, riot, invasion, war threat or preparation for war.
• fire, explosion, storm, flood, earthquake, subsidence, epidemic, bad weather or another natural physical disaster.
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• political interference with the normal operations.
• lack of safe working conditions.

Severability;Section titled Severability%3B

If any provision of this agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of this agreement shall continue in full force and effect as if this agreement had been executed with the illegal or unenforceable provision eliminated.

Termination of Agreement;Section titled Termination%20of%20Agreement%3B

Either party shall have the right at any time to terminate this Agreement with immediate effect by notice in writing to the other party. Terminations must be in line with the cancellation policy.

The Carer hereby acknowledges and agrees that their occupancy of the Client's premises is conditional and revocable at the Client's sole discretion. The carer agrees that they maintain no rights to remain in situ without the client's consent. Upon receiving verbal or written notice from the Client or their authorised representative, the Carer shall vacate the premises within four (4) hours, without exception or delay. Failure to comply shall constitute a breach of contract, resulting in immediate termination of the agreement, and may incur legal repercussions.

Survival of causes of action;Section titled Survival%20of%20causes%20of%20action%3B

The termination of this agreement, howsoever occurring, shall not affect the rights and liabilities of the parties already accrued at such time, nor affect the continuance in force of such of its provisions as are expressed as or capable of effecting such termination.

Waiver;Section titled Waiver%3B

Failure of any party to insist upon strict performance of any provision of this agreement or the failure of any party to exercise any right or remedy to which he or she is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this agreement.

No waiver of any of the provisions of this agreement shall be effective unless it is expressly stated to be such and agreed to in writing by the carer and the client.

Law and Jurisdiction;Section titled Law%20and%20Jurisdiction%3B

This Agreement is governed by the laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.