Personal Assistant Terms and Conditions
Calibre Quality Care Limited referred to as ‘the Company’ who provide an on-line facility for those who provide care and those who require care.
Care provider referred to as ‘the Personal Assistant’ or ‘the PA’ who work on a self-employed basis to deliver care services.
‘Assignment’ means the period during which the PA is registered by the Company to render services and/or work.
‘Client’ means individuals who require care using the Company website to search for a PA who they can enter into a contractual relationship with.
Unless the context requires otherwise references to the singular include the plural and references to the masculine include the feminine and vice versa.
The Company will supply a platform via their website to advertise the PA’s services to potential clients by hosting the personal profile of the PA. The website will contain an online database of self-employed PA’s.
The Company will advertise and market services provided on behalf of the PA.
Downloadable templates are available from the website covering, contract for services, risk assessments, tax documentation and timesheets all to facilitate the process of interaction between the PA and the client.
Monitoring tools to note details of each visit and care activity undertaken by the PA which can be extracted as a report to read are available to PA’s once they have been matched with a Client and they must be used. These reports are also available to Clients and other relevant parties.
The Company, where requested, can provide guidance and assistance on self-employment & Registration with HMRC. This is provided through the chartered accountancy firm APS Accountancy who can advise and support with all accountancy areas of your self-employment. APS Accountancy will determine a fee for this according to your needs. You will liaise directly with APS Accountancy who will have their own terms and conditions.
The Company can organise a DBS check if the PA does not have a current one. Current costs for this will apply and will be notified to you. A DBS is required before work is undertaken and any disclosures will need to be made. These need to be updated every 3 years if PA’s have not signed up to the ‘live service’. If the live service is signed up to then the PA needs to show as a condition of employment the updates every 3 years. If the Live service is not signed up to then the update needs to be provided to the Company instead.
The PA will comply with and meet all requirements of the PA Assurance Process prior to and at all times while carrying out services and engaging with clients supplied to them via the Company.
The PA will provide care services for clients registered with the Company in accordance with best practice, the PA assurance process, the Code of conduct for Healthcare support workers and adult social care workers in England and contract for services between the PA and the Client.
The PA will manage and carry out the services in an expert and diligent manner and provide services to the best of their skill and knowledge.
The PA will to the best of their ability, promptly and faithfully comply with and observe all law and legislation relating to the service provided.
Once work has been generated and carried out by the PA directly with the client, the PA will log onto the online portal provided on the Company website and create a timesheet for work completed. This action automatically generates an invoice for your commission payable to the Company. The commission, VAT and any expenses payable to the Company can either be paid via a pay now button on the portal or via bank transfer.
Limitations of services
All of the tools provided on the website by the Company are used at the PA’s and Clients own risk and there is no guarantee that these tools will work optimally, not be subject to downtown or removed from service at any point in time. The Company do not accept any liability for losses or damages caused by the temporary unavailability of the service or technical errors. The Company does not accept any liability for controversies, losses, injury, accidents, claims or damages arising out of the use of the online tools it provides, the engagement of PA’s or the provision of care services by PA’s.
RULES FOR USER CONDUCT AND USE OF SERVICE
To use the service
- By registering and using the website as a PA you confirm that:
- You accept and will abide by all the terms and conditions
- You are 18 years old or over and have the right to form legally binding contracts under UK law
- Any information you provide yourself on the site is correct and accurate including details on your qualifications, skills and experience
- You are eligible to legally work in the UK and must provide evidence of this to the Company. If you no longer meet this requirement you must immediately inform the Company.
- You have public liability insurance in place and provide evidence to the Company. (further details regarding this are below under the heading Contractual Obligations).
- If you require the use of your car for providing services that you have current and adequate car insurance including cover for ’business use’. You must provide to the Company evidence of this.
- You meet the relevant HMRC criteria for the arrangement with the client being a self-employed arrangement
- You will be working on a self-employed basis and will register with HMRC and will fulfil all responsibilities and duties of a self-employed worker including paying all tax and National Insurance due to HMRC.
- You will not receive holiday pay, sick pay, pension or any other payment from the Company as you are self-employed and work directly with the Clients.
- You have or will arrange to have a DBS check completed prior to starting your services. If you no longer meet this requirement you must immediately inform the Company.
You will provide your Unique Taxpayer Reference Number during registration, or no later than 3 months from registering if you are new to self-employment and are awaiting the arrival of your number.
Creating an Account
To use the service, PA’s need to create an account via the website which is also mobile compatible. Only one account is allowed per person which must be your own personal account. You must use accurate and up to date information. It is your responsibility to keep passwords safe and secure and not to allow anyone else to access your account. Through using our service you confirm to this. The Company reserves the right to change the terms and conditions of the site at any time and with immediate effect.
The Content of your profile
PA’s are directly responsible for all content that they upload onto the website and must not give the impression that any content is provided by the Company or any other individual. All content must not be defamatory, offensive or inaccurate, false or misleading. The Company reserves the right to remove any content that they believe in their opinion does not meet these standards. You agree to only use the website for its intended and lawful purposes. The company reserves the right to amend and edit the content for accuracy, correct grammar and presentation in accordance with creating a positive user experience for the Client. In addition the company can enter any updated information regarding training, public liability DBS etc. when it checks validation of these and other relevant documents.
Complying with your contract
Once the PA accepts a contract with a Client they are bound to deliver the terms of the contract. It is up to the PA to negotiate with the Client regarding any deviation from the contract such as individual personal circumstances that may arise. The Company can offer no mediation or intervention regarding perceived non-compliance with the contract unless the dispute resolution is activated (see below). If the care that you are providing is required 7 days a week you must have a backup PA who is registered with the Company.
Quality of Care delivered
As a PA you agree to provide a professional, punctual, safe, compassionate, well communicated and diligent service for your Clients 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 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. The Company encourages you to contact and liaise with other PA’s registered through the Company who have passed our rigorous vetting process. It is your responsibility to inform the Client if a substitute has not come through the Company and therefore have not been subject to our rigorous vetting process. It is also your responsibility to notify the Company if the substitute has not come via the Company so that the Company can also notify the Client.
Complying with Statutory Regulations
All PA’s must ensure they are compliant 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 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 through negligence or the use of drugs, and you are not nor have you ever been on the sex offenders register or other similar list.
Non liability for user conduct and disputes
Any agreements are legally binding agreements between the Client and the PA. The Company is not party to your agreement and we cannot arbitrate or mediate if there is an alleged breach of contract unless the dispute resolution process is activated. Any issues should be resolved directly between the Client and PA where at all possible. The Company does not accept any liability for claims, demands or direct or indirect damages arising from disputes between Clients and PA’s. We do however offer a dispute resolution process which should be followed in case of disagreement. The Company will also arrange for quality assurance checks to be carried out during the first month of any new contract between the two parties and then again 3 months after that and then annually thereafter.
Dispute Resolution Policy
The Company provides a dispute resolution process if there is a disagreement between the Client and the PA. Either Client or PA can dispute a contract. The Company will examine the contract, compliance with terms, various user analytics data including but not limited to visit logging, messaging, geoverification, user feedback and previous self-employed PA’s behaviour and any submissions by either party.
Invoicing and Payment
Unless specifically agreed otherwise, invoices will be submitted weekly by the PA to the Client. If there are periods when there are no Services for the PA to perform, the PA shall not be paid a retainer for these periods. Payment is only payable in respect of Services actually provided or for cancellations made by the Client that fall within the notice periods as detailed in the PA and Client contract for services. The PA will raise an invoice via the Company website which they will give to the Client for payment. The Commission invoice is automatically raised at this time for you to pay the Company.
Commission payable to the Company
The PA is liable to pay commission fees to the Company for the services provided by them. This will be a flat fee of 10% of each raised total invoice for work completed. VAT will be added to your commission fee invoice at the current rates. Payment of the commission invoice needs to be made within 14 days of issue to the Company via bank transfer or the on-line payment method available on the website.
The Company and the PA declare and confirm that it is the intention of the parties that the PA 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.
National Insurance and Income Tax
As a self-employed PA using this service you agree that you have made and will make all required legal and tax filings to HMRC. This includes national insurance contributions and paying income tax. The PA hereby agrees to indemnify the Company in respect of any claims that may be made by the relevant authorities against the Company in respect of income tax and national insurance or similar contributions relating to the services supplied by the PA.
Terminating a Contract and Terminating a Contract Early
If you have agreed a fixed term or ongoing contract with a client, it is your responsibility to honour the terms of the contract and ensure every effort is made to fulfil the contract through to its conclusion. The Company recognises that in occasional circumstances, it may be necessary for you to end the contract for non-work related commitments. The Company will not permit you to take a new contract with them that conflicts with the schedule of an existing Client contract unless sufficient notice has been served. This is to protect the existing Client and to ensure continuity of care. If you decide to end an on-going contract with a Client, you must provide 4 weeks’ notice in writing to the client and the Company to give time so that a suitable replacement can be found. If you fail to provide sufficient notice and exit the contract without sufficient notice, the Company reserves the right to pause your registration. In addition, the Company shall have the right to terminate the registration of the PA via the Company website or services offered at any time immediately by summary notice in the event of the PA:
- Being in material or persistent breach of any of the terms and conditions;
- Being in breach of any area of the PA Assurance Process;
- Being convicted of any criminal offence other than a minor driving offence under the Road Traffic Acts;
- Persistently and willfully neglecting or becoming incapable for any reason of efficiently performing the PA’s Services; or
- Doing any action manifestly prejudicial to the interests of the Company or which in the opinion of the Director may bring the Company into disrepute;
The PA shall have no claim against the Company in respect of the termination of their registration or services for any of the reasons specified.
LIMITATION OF LIABILITY
Responsibility for Accepting a Contract
You acknowledge that any decision to enter into a contract with a Client is entirely your sole responsibility and that the Company makes no warranty as to the suitability of any work assignment you accept via the Company introducing the two parties. The Company does not provide any warranty as to the character or honesty of any Client or for the truthfulness or accuracy of information provided by a Client. However, the Company endeavours to screen and risk assess every Client over the phone that uses its services to ensure a safe and positive experience for all parties.
You agree that you understand and accept the risks involved in participating in the services offered by the Company in terms of introduction of Clients and you waive any rights to claims for damages from the Company in relation to their services.
Breach of Terms and Conditions
You agree to indemnify and not hold the Company responsible or make any claim or demand against the Company as a direct or indirect result of you breaching these terms and conditions with the Company.
Circumvention of Fee
By using the services of the Company you agree to continue to use the services of the Company for all current and future work that takes place as a result of an introduction made through the Company with a Client. If you have been introduced to a potential Client through the Company, you must not create any agreements outside of this service, either now or at any time in the future, with the deliberate intention of circumventing the Company fees.
You must complete an entry on the online Care Journal recording each care session (being a completed care visit or each 24 hour period you are with the care recipient if covering for respite care , whichever is shorter) within a period of 24 hours of each care session finishing. If you are unable to complete a Care Journal entry, you must inform the Company within 24 hours of the end of the care session as well as recording a paper entry for the Company which you need to transfer online as soon as possible.
The PA confirms to the Company that they will take out and maintain, adequate insurance in respect of Public Liability Insurance coverage with an insurance office of repute to protect themselves against any liabilities arising. The PA shall produce, at the request of the Company, a copy of the insurance policy or policies and relevant renewal receipts for inspection by the Company, prior to commencement of any work or during on-going work with a client.
TERMINATION OF PROFILE
If your circumstances change and you can no longer accept Client work through the Company you must notify the Company straight away. At all times you are expected to carry out a high quality service to your Clients. The Company reserves the right to terminate your profile from its website if the services you provide to your Clients are no longer up to standard, as determined by the Company or the terms and conditions provided by the Company have been breached. This decision is at the sole discretion of the Company 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 your profile.
QUALITY ASSURANCE AND BACKGROUND CHECKS
By using the services of the Company you authorise the Company to conduct various background checks and audits at a time of their choosing on you the PA. The Company reserves the right but not the obligation for either themselves or 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 registries, social media, criminal registries and other legally available databases and resources. The Company has no obligation to perform checks and releases all liability associated which results from checks. The Company will however endeavour to review or carry out enhanced DBS checks on all PA’s registered on with the Company. The Company reserves the right to exclude a PA from their website directory on the basis of findings resulting from the DBS check. This is entirely at the Company’s discretion. You also warrant that you have not been subject to a restraining order or any other civil action.
CUSTOMER REVIEWS, FEEDBACK AND MARKETING
We ask Clients to leave feedback on the experience they had with you as their PA. This feedback will contribute towards the review section on your profile, once this is available on our website. Client feedback should be honest and you must not offer incentives in exchange for better feedback or try to influence a client to deviate from their true and honest views. 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 the Company to publish Client reviews on your profile, and you must not delete customer reviews or create a new profile to delete poor feedback.
Your profile data including biography and photograph may be used from time to time in print and online marketing initiatives with the intention of generating more demand for your services from which you should benefit. Please see our privacy notice for sharing your data for these purposes.
PRIVACY STATEMENT AND GDPR
We comply with all applicable requirements of Data Protection Legislation and the General Data Protection Regulations (GDPR) 2018.
You in turn must ensure that you comply with data protection and GDPR regulations as specified because of your self-employed status.
You agree to keep confidential any information you receive via any medium or format about potential, existing and past clients from either the Company or the Clients themselves. This includes but is not limited to personal information and medical information. You shall not use any confidential information other than during the continuance of this Agreement and in connection with the provision of your PA Services. You shall not at any time after the date of this Agreement (save as required by law) disclose or divulge to any person any Confidential Information. You shall use your best endeavors to prevent the publication or disclosure of any Confidential Information by any person. Your duty of confidentiality continues after your association with the Company ceases.
CHANGES TO TERMS AND CONDITIONS
Any changes made to terms and conditions will be notified directly to you and will take effect following a reasonable period of notice has been provided.
Failure of the Company to insist upon strict performance of any provision of the terms and conditions shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these terms and conditions. No waiver of any of the provisions of these terms and conditions shall be effective unless they are expressly stated as such.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions 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 hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given during registering on the website or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
The terms and conditions and any dispute arising out of the website 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 the website and/ or service.