01273 900262Client Terms and Conditions
DEFINITIONS
“Service Fee” means the relevant fee to be paid by the Client to Careleaf as set out on the Web Site and these terms and conditions;
“Carer Services” means the service provided by the Carer on the terms agreed between the Client and the Carer;
“Carer Fee” means the relevant fee to be paid by the Client to the Carer by cheque or bank transfer for the provision of the Carer Services as set out on the Web Site and these terms and conditions;
“Client” means an individual who makes contact with a Carer via Careleaf and for whom the Carer Services are provided, whether for themselves or someone else;
“Engagement” means together the Introduction and the Carer Services;
“Fees” means together the Service Fee and the Carer Fee;
“Introduction” means the introduction of the Carer to the Client by careleaf;
“Careleaf” means careleaf limited, a company registered in England and Wales with company number 09815694
“Carer” means the person introduced by careleaf to the Client for the provision of Carer Services;
“Web Site” means http://www.careleaf.co.uk
“Online Database” means careleaf’s online database
Please note that by using our services and our Careleaf Carers you automatically agree to the Terms and Conditions as stated below.
1. INTRODUCTION
1.1 Careleaf will only undertake business on the following terms and conditions which are legally binding on all contracting parties.
1.2 Careleaf acts as an introduction agent only and does not employ the Carers.
1.3 The Carers work on a self employed basis and are given their daily instructions by the Client.
1.4 Careleaf is not liable for any loss, injury, accident, claim, cost, charge, expense, action or demand whatsoever in any jurisdiction arising from or in any way connected with the Introduction, subsequent Engagements and/or the provision of the Carer Services.
1.5 The definitions shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms.
2. PAYMENT TERMS
2.1 Payment to Careleaf
2.11 The Client agrees to pay Careleaf the weekly fee as stated on the website for the full term of Engagement of the Carer.
2.12 The Fee will be payable weekly in arrears via standing order or at the end of the month via cheque or bank transfer.
2.13 Careleaf reserves the right to amend its fees from time to time and will notify the Client accordingly in writing.
2.2 Release fee
2.21 If the client wishes to engage a Carer without using the services of the Careleaf and the Carer agrees to do so, the Client agrees to inform Careleaf and pay the Release Fee of 5% of the Carer’s annual salary.
2.22 Such a request should be put in writing and the release fee will be invoiced on an agreed date.
2.23 If a Carer’s employment with the Client is terminated within 28 days, then half the Release Fee will be refundable to the client.
2.24 The Client agrees not to engage any Carer introduced by Careleaf without payment of the relevant Fees. This will apply whether or not the contract between Careleaf and the Client has been terminated.
2.3 Payment to Carer
2.31 Careleaf will outline the fees to be paid by the Client to the Carer prior to the provision of Carer Services.
2.32 The Carer works on a self employed basis and is liable for all their own taxes and national insurance contributions.
2.33 The Client agrees to pay the relevant Carer Fee directly to the Carer on a weekly or fortnightly basis either by cheque or bank transfer.
2.34 The Carer will present the Client with an invoice for each period of work to be paid.
2.4 Alteration of Payment Terms
2.41 Careleaf reserves the right to increase the Fees and to alter the terms on which the Fees are paid at its sole discretion.
3. CARER’S WELFARE
3.1 The Client agrees to make every effort to accommodate and address the Carer’s welfare and offer him/her appropriate courtesy and consideration.
3.2 The Client agrees to provide the Carer with a clean and comfortable bedroom and full board for the duration of each Engagement.
3.3 If required to accompany the Client outside of the house, the Client agrees to pay for all of the Carer’s expenses, such as food, drinks, and accommodation.
3.4 The Client agrees to provide the Carer with wifi for any Engagement of longer than a month.
3.5 It is important the Carer is comfortable with any tasks he/she is asked to undertake and should not be placed in any situation which is deemed unacceptable, unreasonable, or places the Carer at undue risk.
3.6 Adequate first aid provision should be available.
3.7 The Client agrees to assess the home and work environment for any risks that the Carer may encounter. The Client agrees to inform the Carer of any risks that may compromise the health and safety of the Carer.
3.8 Careleaf strongly advises that the Client ensures that she/he holds adequate public liability insurance (which is often included in normal household contents cover), as the Client may be liable for injury and/or loss to the Carer arising under the Occupiers Liability act 1957. Careleaf is not liable and does not insure against the actions or omissions of the Carer as we do not employ him/her.
3. CLIENT’S VEHICLES
3.1 Carers may only drive the Client’s vehicle if covered by adequate insurance, this being the Client’s responsibility, and the Client will be responsible for checking that their Carer has a valid driving license and that it meets the Client’s own insurance company’s policy and criteria.
3.2 Neither Careleaf nor the Carers will be liable to pay any insurance excess payable to the Client’s insurance company in the event of an accident or any other claim made.
3.3 Careleaf accepts no liability in respect of parking costs and fines or other motoring penalties incurred by the Carer during the course of provision of the care service.
4. CONFIDENTIALITY
4.1 Each party undertakes to the other to treat as confidential all information in any medium or format (whether marked “confidential” or not) which that party (the “Recipient”) receives from the other (the “Disclosing Party”) (“Confidential Information”).
4.2 The Recipient may disclose Confidential Information of the Disclosing Party where required to do so by law or by any competent regulatory authority. In these circumstances the Recipient shall give the Disclosing Party prompt advance written notice of the disclosure (where lawful and reasonably practical to do so) so that the Disclosing Party has sufficient opportunity (where reasonably possible) to prevent or control the manner of disclosure by appropriate legal means.
4.3 Careleaf may disclose the Client’s personal information to third parties (including but not limited to):
(A) in the event that Careleaf sells or buys any business or assets, in which case Careleaf may disclose the Client’s personal data to the prospective seller or buyer of such business or assets;
(B) if Careleaf or substantially all of its assets are acquired by a third party, in which case personal data held by it about its Clients will be one of the transferred assets; and
(C) If Careleaf is under a duty to disclose or share Careleaf personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and conditions and other agreements; or to protect the rights, property, or safety of Careleaf, their Carers, its Clients or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
4.4 The Client is welcome to see any personal information held about them.
5. LIABILITY
5.1 Careleaf interviews each and every Carer via a video call and reviews at least two references submitted to it by the Carer in addition to conducting criminal record and identification checks.
5.2 The Client acknowledges that the decision to employ a Carer is the sole responsibility of the Client and Careleaf gives no warranty, representation or undertaking as to the history, character, age, experience, capability, suitability, honesty or immigration status of any Carer nor as to the completeness, truthfulness or accuracy of any information or statement or reference provided by the Carer.
5.3 The Client acknowledges the risks inherent in participating in a Carer introduction service and hereby waives all rights to any claim for damages from, and relieve, release, and forever discharge from any claim for damages, any and all of Careleaf and any person involved in creating, producing or distributing the Careleaf service or information pertaining to the Careleaf service.
5.4 Careleaf does not accept any liability whatsoever for the misrepresentation, loss, damage, injury, death, delay, claims or expense of any description arising out of an Introduction made by Careleaf.
5.5 To the extent permitted by law, Careleaf will not be liable for any direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Web Site or the services provided by Careleaf.
5.6 The Client agrees to indemnify and hold Careleaf harmless from and against any breach by the Client of these terms and conditions and any claim or demand brought against Careleaf by any third party arising out of the Client’s use of the Web Site and the services provided by Careleaf, including without limitation all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Careleaf in consequence of the Client’s breach of these terms and conditions.
5.7 In no circumstances shall Careleaf’s total liability to the Client, whether in respect of goods or services and whether based in negligence, breach of contract, misrepresentation or otherwise, exceed the Service Fees paid by the Client.
6. TERMINATION
6.1 The Client may terminate their contract at any time with immediate effect.
6.2 Careleaf can terminate this agreement at any time, without notice, for any reason, including, without limitation, breach of these terms conditions. Careleaf may also at any time discontinue the Web Site or any part thereof and the provision of its services without prior notice and shall not be liable to the Client or any third party for any losses arising from such termination.
7. ENTIRE AGREEMENT
The Parties confirm that these terms and conditions represent the entire understanding and constitute the whole agreement of the parties in relation to its subject matter and supersedes any previous agreement between the parties with respect to such subject matter.
8. GOVERNING LAW
8.1 These terms and conditions will be governed by and construed in accordance with English law.
8.2 Each party irrevocably agrees that the Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning these terms and conditions and any matter arising from them.