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Terms of Service

Our polices that apply to your account and use of this website

Definitions of terms:

  • “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 tends to be a family member or guardian.

1. Introduction;

1.1 About PrimeCarers

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
  • Care planning and scheduling tools
  • Monitoring tools for clients to monitor care activity
  • Feedback tools on care provision

1.2 Introductory agency service

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 service

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 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.

2. General Terms of Service;

2.1 Eligibility to use the service; representations and warranties.

  • 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 creation

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 is accurate and the checking of the carer's Identity and background information. This includes, but is not limited to, their DBS certificate and information made available via the DBS update service.

2.3 Profile content

Carers are directly responsible for the content that they upload to the PrimeCarers platform. Content must not be defamatory, offensive, political 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 Contract

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 delivery

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 Regulations

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 (i) 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 list.

3. Release of liability for user conduct and disputes;

All agreements between clients and carers are legally binding. Where PrimeCarers is not 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;

Where there is a disagreement between the client and the 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 own systems to attempt to come to as fair a resolution as possible. This data includes, but is not limited to, chat logs, visit reports and client and carer behaviour 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.

PrimeCarers reserves the right, at its absolute discretion, to reffer matter onto 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;

5.1 Payments

Contracts for work 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.

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

5.2 Rates and fees

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 which is deducted from your hourly rate as part of that commission.

5.3 Income Tax and National Insurance

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.

5.4 Cancellations and absences

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 we can assist in finding a replacement.

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.

5.5 Unaccepted visits

Once a visit has been agreed 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 theri 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;

6.1 Responsibility for contract acceptance

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 customer.

However, PrimeCarers does encourage you to make PrimeCarers aware of any concerns regarding client behaviour, so that we can support you. PrimeCarers reserves the right to take any action it sees fit, on the basis of this information including, but not limited to, account suspension and complete removal from the platform. This is to safeguard carers working via the platform, patients and clients.

6.2 Risks of introduction service

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 conditions

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

7. Contractual Obligations;

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. 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. Termination of profile;

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, 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.

9. Quality assurance and background checks;

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 endeavours to review or carry out enhanced DBS checks on all carers registered on PrimeCarers. PrimeCarers reserves the right to exclude a carer from 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.

10. Feedback, marketing and customer reviews;

We ask clients for 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 with the intention of generating 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 admin@primecarers.co.uk

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.

11. The Care Miles Programme

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.

12. Privacy Statement;

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.

13. Confidentiality;

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.

14. Governing Law;

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.

15. Contact Information;

If you have any questions about the terms and conditions or the services provided by PrimeCarers please contact us at: admin@primecarers.co.uk

Definitions of terms:

  • “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, 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 tends to be a family member or guardian

Introduction

1.1 About PrimeCarers

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

1.2 Introductory agency service

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 service

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 of them at any time whether for a short or prolonged 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;

2.1 Eligibility to use the services; representations and warranties

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 selection

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, ultimately, remains yours.

2.3 Vetting and background checking of carers

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

  • passport (confirm 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 carer’s:

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

Where carers cannot provide confirmation 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, timing, legality, reliability, responsibility, integrity or suitability of the carers on the platform.

PrimeCarers recommends that clients carry out their own assessment of a carer’s suitability before engaging into 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 they are applying for
  • Following up on references of carers

2.4 Insurance cover

Whilst carers are not statutorily required to have insurance, PrimeCarers does provide this vicariously for every visit arranged through the platform. Please see the Insurance document for details of our industry leading insurance provider.

2.5 Code of conduct

You commit not to discriminate against a carer on the basis of 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 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 list.

2.6 Contract compliance

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 clearly agreed to 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 use.

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

  • Viewing the website
  • Sending genuine enquiries 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;

All agreements between clients and carers are legally binding. Where PrimeCarers is not 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;

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 own systems, to attempt to come to as fair a resolution as possible. This data includes chat logs, visit reports and client and carer behaviour 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;

5.1 Payments

Contracts for work 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.

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.

5.2 Hourly carer rates

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 annd must result in the termination of the current contract and a new contract being formed and agreed.

5.3 PrimeCarers fees

PrimeCarers charges a commission fee, which is includive 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 charges it sees fit to impose to ensure the continued delivery of its services. Any change will be made clear to you at time of purchase.

5.4 VAT

PrimeCarers does not charge VAT on the service provided by self-employed carers but we charge 20% VAT on the commission we take, which is paid for our of our comission, so is not addtional to the agree on carer rate.

5.5 Refunds

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 Cancellations

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 the 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 endeavour to uphold the cancellation policy in the Client-Carer Contract.

5.7 Fake visits

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;

6.1 Responsibility for contract acceptance

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 introduction service

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 conditions

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 cap

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;

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 saftey. PrimeCarers reserves the right, but not the obligation, to use a 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:

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 go off-platform with your carer, we charge a one-off fee of £499. We also offer a 50% rebate on that fee if the carer leaves you within 4 weeks and a 25% rebate if the carer leaves you within 8 weeks.

If you do not tell us, we cannot facilitate this and will charge you a £2,500 fine in order to recoup our losses, on top of which, you will not be entitled to any rebate if the carer leaves at any point.

Feedback and customer reviews;

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 you saftey. 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.

Contractual Obligations;

By using the 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 fines as previously stated.

Safeguarding Policy;

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 endeavour 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.

Complaints Policy;

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 refering 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, behaviour 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 endeavour to find a replacement carer where at all possible.

Privacy Statement;

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 UK and other relevant jurisdictional law. All platform data is held with the UK, in accordance with UK law.

Governing Law;

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.

Contact Information:

If you have any questions about the terms and conditions or the services provided by PrimeCarers, please contact us at: admin@primecarers.co.uk

Definitions of terms:

  • “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:

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:

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:

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 work place.
  • 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 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 work place.
  • 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;

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;

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 3 hours break per day, 2 hours of which must be sequential and uninterrupted. The carer will endeavour to identify a period where the impact of their uninterrupted break is minimised.

Fees;

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.

No travel expenses will be charged.

Invoices and Payment;

Unless specifically agreed otherwise, invoices for the previous 7 days will be submitted at 4am on Sunday mornings. When paying via card the payment will be collected immediately and distributed to the relevant carers. When paying via direct debit the payment will be collected after 3 business days and will be distributed to carers when received.

Expenses;

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

Tax Liabilities;

The carer and the client declare and confirm that it is the intention of the parties 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;

The carer acknowledges that, during the course of this agreement, he or she is likely to obtain confidential information with regard to the patients or clients personal and public affairs. As such, the carer agrees that he/she shall:

  • not use the 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;

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;

In the event of a dispute arising out of or in connection with this contract and which has not been resolved following discussions on 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;

The carer further warrants to the client that, where 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;

All notices shall be in writing and shall be deemed to have been duly given when delivered by email, watsapp 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 1 week notice period is required prior to cancellation by either party. This comes into effect after 7 days, prior to which only 48 hours notice is required. This may only be changed with the express consent of both parties.

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;

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.

No Employment;

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;

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 other 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;

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;

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.

Survival of causes of action;

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 having effect after such termination.

Waiver;

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.

The below embeded PDF contains the terms of insurance as defined by our specialist carer insurer Fish. Click to Download the PDF