A1 Care Temps – Client Terms and Conditions
1. About Us
1.1. A1 Care Temps is an Introductory and Supplier Service. By using A1 Care Temps Website/services, you are confirming that you are Aged 18 and over, have read, understood and agree to be bound by these terms, confirming that you have the legal right to enter into these terms as an individual/representative/on behalf of an organisation.
1.2. A1 Care Temps Client and Carers Terms and Conditions are in addition to and incorporate Terms and Conditions and Privacy Policy on A1 Care Temps Website – www.a1caretemps.com. You agree to these Terms and Conditions when you register to be a Client or a Carer and every time you use A1 Care Temps Introductory services.
1.3. These Terms and Conditions supersede all prior representations, understandings and agreements between A1 Care Temps and you the Carer or Client.
1.4. We reserve the right to update or amend these Terms and Conditions at any time. Such amendments take effect as soon as they are published on our Website: www.a1caretemps.com. It is your responsibility to read the Terms and Conditions and Policies each time before using the Website/A1 Temps Introductory Services. A1 Care Temps shall endeavour to alert current Clients/Carers of any change by email where possible.
1.5. A1 Care Temps Provide Introduction Services. We facilitate bringing together Clients who need Care Services and Carers who wish to supply their Caring Service. Clients are not purchasing supplier services from A1 Care Temps. A1 Care temps are not responsible for delivering any care services and are not party to any contract, agreement made between any Client and Carer for the provision of any care and /or Supplier services.
2. Carers (Suppliers services) Terms and Conditions
2.1. Carers agree they have read and understood A1 Care Temps Terms and Conditions and agree to be bound by them.
2.2. A1 Care Temps provide an introduction service, bringing together Clients and Carers. We do not provide Supplier Services. Carers will always clarify this to the Clients and any other relevant parties. A1 Care Temps have no obligation or liability in respect of any Supplier Services.
2.3. Carers are a Registered as Self Employed Business and their connection with A1 Temp Care is of an Introductory one
2.4. Carers Prior to starting to provide any Supplier Services will provide Clients with full details of the Services to be provided and any relevant information including, but not limited to, any information which must be provided to the clients by law.
2.5. Carers will ensure that during they time they are using A1 Care Temps and provide services to any client as a result of A1 Care Temps Introduction Services, they agree that they will: Hold a current and valid registration with the relevant regulatory body, complying with all Legislation, regulations and best practice. Notify A1 Care Temps of any suspension, prohibition to work, new criminal records. Hold a valid personal liability Carers insurance. Hold a valid DBS and renew as applicable. Keep up to date with training regulations set out by the Care Quality Commission to ensure work compliance, providing valid certification. Carers are responsible for purchasing Public Liability insurance and presenting this to the Client.
2.6. A1 Temps Care reserve the right to refuse to introduce/continue to introduce any organisation and/or specific individual where we, at our sole discretion, believe that they do not meet the necessary levels of competence, skills and fitness. Behave in such a way that we believe that they may cause a danger to themselves or others or may bring our organisation into disrepute. Are unable, refuse or otherwise fail to comply with the provision of confirmation of insurance or requisite information as detailed above
2.7. You, the Client/Carer will not enter a private arrangement with a Carer/Client previously Introduced to the Client/Carer by A1 Care Temps. If this occurs with the objective of avoiding A1 Care Temps fees for Introductory services, A1 Care Temps will regard this as a breach of these terms and Conditions. You may however enter into a private agreement once 6 months has passed, from the date worked during the last Introduction of that Client/Carer and/or a Fee is agreed by A1 Care Temps to void this arrangement.
3. Clients (Request for Services)
3.1. A1 Care Temps are not responsible for delivering Supplier Services to you. Part of our Introduction Services provided to Supplier.
3.2. Carers have read and understood our Supplier Services Terms and Conditions and agree to be bound by them.
3.3. We provide Introduction Services - we are a facilitator that brings together Clients - who need care services (Supplier Services) and Carers who wish to supply Supplier Services. Clients are not purchasing Supplier Services from A1 Care Temps - you as an individual Supplier (which may be displayed on the website) and whose details are provided to Clients. We are not responsible for delivering any care services. We are not party to any contract/agreement between any Client and Supplier for the provision of any care and/or Supplier Services.
3.4. Every Carer is interviewed and checked to ensure they have a DBS, necessary training, identify documents and references - that they are valid and are in date and ask the carer to ensure that they hold current Personal Carer liability Insurance. However, we are merely introducing you, the Client, to a Carer Supplier. It is therefore your responsibility to carry out any checks and take up any references as may be required before entering into an agreement with that Carer. We make no warranty or guarantee about any Carer nor for or about the Supplier Services they provide. A1 Care Temps accept no responsibility for any Carer/Supplier Services.
4. A1 Care Temps Working Process
4.1. Carers – Will complete an online application form, this will confirm Carers Terms and Conditions have been read and accepted.
4.1.1. You understand that we only provide Introduction Services by bringing together Clients and Suppliers and we do not supply Supplier Services. Therefore, we have no liability in respect of any Supplier Services.
4.1.2. Carers will ensure that they send all up to date documentation to support their application and be available for an interview from A1 Care Temps.
4.1.3. Carers will be introduced to Clients who require Care services and arrange with the Clients dates and times.
4.1.4. You confirm that you are happy for us to share your details and any information which you provide to us with Clients
4.2. Clients - Will complete online application form, this will confirm Client Terms and Conditions have been read and accepted.
4.2.1. Once you, the Client, contact A1 Care Temps, providing details of the Carer services you require, we will contact the applicable Carers(s) who would be prepared to provide appropriate Supplier Services. You authorise us to commence this as soon as we have received the information from you.
4.2.2. Clients will wait for confirmation from A1 Care Temps and answer any clarification queries a Carer may have
4.2.3. Once a client and Carer have been Introduced by A1 Care Temps – The client will confirm to A1 Care Temps by Email : info@a1caretemps.com the cost that will be paid to the supplier and the introductory fee to be paid to A1 Care Temps.
4.2.4. In addition, any Supplier will provide you with their own terms and conditions of business and it is your responsibility to ensure that you read and agree to these.
4.3. Introduction Services are provided to you based on the details and information you supply so it is important that you provide detailed and accurate information to us.
4.4. You confirm that you are happy for us to share your details and any information which you provide to us with Suppliers
4.5. You, the Client/Carer will not enter a private arrangement with a Carer/Client previously Introduced to the Client/Carer by A1 Care Temps. If this occurs with the objective of avoiding A1 Care Temps fees for Introductory services, A1 Care Temps will regard this as a breach of these terms and Conditions. You may however enter into a private agreement once 6 months has passed, from the date worked during the last Introduction of that Client/Carer and/or a Fee is agreed by A1 Care Temps to void this arrangement.
5. Payment
5.1. A1 Care Temps are not responsible for delivering Supplier Services to you. Part of our Introduction Services provided to the Carer, assists the Carer administratively by raising an invoice on their behalf including our introductory fee.
5.2. For each assignment, the Client will receive 2 invoices from A1 Temp Care: Invoice 1 – on behalf of the supplier for care services provided, to be paid by bank transfer into the supplier chosen account. Invoice 2 – on behalf of A1 Care Temps, to be paid by bank transfer into A1 Care Temps nominated account. Other payment arrangements are to be agreed during introduction stage. (in some instances the Client can pay the Carer direct)
5.3. Carers will notify A1 Care Temps for services completed to the client (using the Carer online Invoice form provided on www.A1caretemps.com.
5.4. Payment for Supplier Services/Introductory Services must be made:
(a) in advance. You will usually be invoiced every 7 days of each Carer commencing a care package with you
(b) in full, to the nominated invoice account, in accordance with the payment date (within 7 days from the date of the invoice) and by Bank Transfer.
5.5. Clients will remain liable to the Supplier for all outstanding payment and the Carer may pursue you directly to recover such payment. A1 Care Temps reserve the right to charge interest at the rate of 8% per annum on the amount outstanding, from the date that the invoice was due to be paid until they receive cleared. A1 Care Temps will also recover reasonable costs incurred in obtaining payment
5.6. Where you do not agree with a Carer invoice you should liaise with the Carer to remedy.
5.7. Where you do not agree with an introduction invoice, you should liaise with A1 Care Temps to remedy.
6. Limitation of liability
6.1. In so far as the law provides we will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you, any Supplier/Carer or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
6.2. We will incur no liability to you in respect of any failure to complete any Introduction Services, or any part thereof, by any agreed date. Time limits provided are estimates only.
6.3. Other than those implied by law where you are dealing as a consumer, in the event that we breach any of these Terms and Conditions, your remedies are limited to damages which will, in no circumstance whatsoever, exceed any fee paid for those Services.
6.4. You specifically agree to completely indemnify us against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms and Conditions or your use of the Website.
7. Cancellation
7.1. To cancel your use of Client/Carer Introductory Services then you should let the relevant Client/Carer know this directly, in writing, within 14 days of the date that you order services. Also notifying A1 Care Temps by email: info@A1caretemps.com.
7.2. Please note that where you cancel an order for Client/Carer which have been supplied during the cancellation period, you agree to pay for those services which have been supplied to you until the date of cancellation.
8. Complaints
8.1. Queries and complaints about us, our Introduction Services or the Website must be addressed by email at : info@a1caretemps.com. We aim to respond within 7 working days of receipt. If any cause of complaint may amount to a breach of any of these Terms and Conditions, then you must allow us 30 days to remedy that breach.
8.2. In the event of a dispute between us, you agree to attempt to settle any dispute in good faith and, as we request, by mediation before any arbitration or litigation is commenced. We are not bound by any trade or professional approved code of practice, code of conduct or alternative dispute resolution in relation to complaints.
8.3. Complaints about Carer/Clients should be addressed to the relevant Carer/Clients directly. Please let us know if you are dissatisfied with a Carer/Client so we can update our records accordingly.
9. Data Protection
9.1. Data will be held according to current applicable Data Protection legislation subsisting in England at the time of any applicable agreement between us. Please also refer to the Privacy Policy on the Website.
9.2. Services we provide to you will be reliant on information and details provided by you, so you are responsible for ensuring that any information you provide is accurate, correct and up to date.
9.3. You specifically agree that your data can be shared with Suppliers in order that Supplier Services can be provided to you.
10. Generally, and Definitions
10.1. Governing Law and Jurisdiction - These Terms and Conditions shall be interpreted, construed and enforced in accordance with UK law and shall be subject to the exclusive jurisdiction of the UK Courts.
10.2. We make no warranty against electronic virus, worms or any other fault or defect or problems which may occur or as a result thereof, of anything we send to you.
10.3. Other than as specifically provided for, nothing in these Terms is intended to give any benefit to any third party (whether referred to herein by name, class, description or otherwise) or any right to enforce any agreement with us.
10.4. You agree that nothing in these Terms and Conditions will be deemed to create any partnership, joint venture or agency relationship between us.
10.5. We will not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control including, but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we are entitled to a reasonable extension of our obligations.
10.6. Nothing in these Terms and no express or implied waiver by us in enforcing any of our rights shall prejudice our rights to do so in the future.
10.7. A1 Care Temps through all The Terms and Conditions refer to: “Carers” – to include all individuals/businesses providing a supplier service in the care sector, Client – all individuals/businesses requiring the supplier services in the care sector. A1 Care Temps – Introductory body that facilitates the meeting of a Carer and Client. “Introduction Services” means the services we supply by introducing Clients to respective Suppliers. “Proposal” means the document which details the Supplier Services which will be provided to the Client directly by the Supplier). “Supplier” means any person and/or organisation who we introduce to a Client and who agrees to provide their (supplier) services to that Client. “Supplier Services” means the services which are provided to the Client by a Supplier who is introduced to them by us.
(Correct at the time of writing/updating and publishing 01.11.21)
A1Care Temps LTD
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