Last updated: November 22, 2020
Client Standard Terms and Conditions
Devoted provides its platform to you, as a Client , or the individual or entity acting on behalf of the Client, subject to the following terms and conditions.
To help make these terms and conditions easier to read, we will apply the following definitions which need to be read in connection with the Care Assignment Information, which we will supply when you have chosen a Caregiver:
|We, Us, Our||Devoted is a trading name of Gemteq Limited, 27 Old Gloucester Street, London, WC1N 3AX Registration Number 09874339|
|You, Your||You are either the Client or are acting on behalf of the Client|
|Site/Platform||Is our website wwww.devoted.org|
|Caregiver||The person you appoint to provide care for the Client.|
These terms and conditions are intended to be legally binding. They will come into effect as soon as you have asked us to locate a Caregiver for you.
Please note that the amount you pay us covers the fees of the Caregiver you appoint, the expenses and costs we incur and allows us a reasonable amount to allow us to continue to provide the Platform
Finally, we emphasise that the service we offer is to act as a Platform to introduce you to a Caregiver. We are acting as your agent, to help you through the process but we do not provide or offer any care services ourselves.
What We Do
- You have engaged us to act as your agent in finding you a self-employed professional domiciliary carer to provide domiciliary care services as agreed between You and the Caregiver (“Assignment”).
- We do not employ the Caregiver; s/he will always be a self-employed individual working directly for you.
- We will arrange to receive from you the Fees due to the Caregiver and we are responsible for paying the Caregiver on your behalf.
- We will act as your Agent, and under your instruction, in engaging and dismissing the Caregiver, subject to the provisions of this Agreement.
- You agree that we may share all information which you supply to us with potential Caregivers so that we can do our best to match you with the correct Caregiver.
- If your requirements change during the course of any Assignment, then we will work with you and the Caregiver you are using at the time to make sure that those changes are taken into account and, if the then current Caregiver is no longer suitable, we will do our best to find a suitable replacement if you require us to do so.
- We will invoice you weekly for the fees due for the following week’s Assignment (“Fee”) and that invoice will include all payments associated with the Assignment
- We will take payment for the invoice through our payment provider. In the event that we cannot take payment, we have the right to ask the Caregiver to suspend the provision of Services until all monies due have been paid.
- You should make no payment of any nature to a Caregiver, even if they ask for it. If you pay monies direct to a Caregiver, which should have been paid to us, you may lose them.
- Bank Holidays are charged at 2x the daily rate
If, at any time, a Caregiver fails to attend your Home at the time/s agreed, you must tell us as soon as you can and we will suspend payment of the Fee, if it is correct to do so, for such period as the Caregiver does not attend. We can only do this from the date that you report the absence of the Caregiver to us
Your Home will, at all times when a Caregiver is with you, be as safe as you can reasonably make it and that if you know about anything dangerous, you will tell the Caregiver before he or she starts work. In particular, you will tell the Caregiver about the following things:
- any risks or hazards in your Home;
- any problems in getting access to your Home;
- any pets which might be with you and which might hurt the Caregiver;
- any problems you have with any equipment you use in your Home;
- any infectious diseases suffered by anyone in your Home
- to provide the Caregiver proper access to all the equipment the Caregiver will need to carry out his/her work for you;
- to keep all the equipment needed by the Caregiver, in good condition;
- to provide all cleaning and other products the Caregiver needs to carry out his/her work;
- not to smoke or use illegal substances in the Home whilst the Caregiver is present;
- to make sure that the Caregiver can gain access to your Home to carry out the Services;
- not to let the Caregiver use your telephone or other personal items for their own use, except in the case of an extreme emergency;
- to provide suitable accomodation including a private bedroom, use of a bathroom and to provide adequate food and drink for the Caregiver during the time that they provide Services
Problems, Complaints and Service Monitoring
Our contact information is contained in the table at the top of this Agreement or you may contact us by emailing email@example.com
Your Relationship with the Caregiver
- Our role is to introduce the Caregiver to you and to help manage the arrangement between you and the Caregiver.
- Whilst we perform background checks of the Caregiver, we do not guarantee or warrant the reliability, suitability or quality of a domiciliary care professional. It is the role of the Caregiver to determine whether they are suitably qualified and experienced to deliver the Assignment and for you to make all efforts to ensure you and other people’s property and safety are protected
- You will engage the services of the Caregiver and the contract for those services is directly between you and the Caregiver, subject to the terms and conditions contained in this Agreement.
- The Caregiver is not your employee and you have no duty to pay tax or National Insurance payments for the Caregiver.
- If you require additional care to the requirements in the Assignment (“Additional Requirements”), you must give us as much advance notice as you can and we will agree the Additional Requirements, on your behalf, with the Caregiver and any additional Fees with you before the Additional Requirements are provided
What Happens if you employ the Caregiver Directly
- You understand and agree that the service we provide is to act as your agent in providing a Caregiver and that part of the fee you pay is allocated to cover our costs and expenses.
- If you wish to employ the Caregiver, directly and not to use the services we offer, you may do so subject to the following conditions:
- If you employ the Caregiver directly 12 months or more after the most recent Assignment from that Caregiver using our services, then you may do so without our consent and without owing us anything.
- If you employ the Caregiver directly in the period up to 12 months from the date of the most recent Assignment from that Caregiver using our services, then you may do so, but only if you have told us, by letter, of your plans, before you make the appointment and you pay us a fee equivalent to either £1500 or the total fees we would have received for a nine (9) month Placement, whichever is greater, as compensation for the losses which we will suffer in having to replace that Caregiver and our loss of income.
Ending the Agreement – Trial Period
You may end the Agreement at any point during the first week of the Assignment by giving 2 days written notice
Ending this Agreement
- Unless otherwise stated in Clause 8, both You and We may end this Agreement at any time by giving Us and You at least 14 days’ written notice.
- We can end the Agreement with immediate effect by giving you written notice if:
- you have made a serious breach of the Agreement and do not put that breach right within 14 days of being asked to do so;
- you do not pay us the monies which are due under this Agreement; or
- you are declared bankrupt or are unable to pay your debts.
Ending this Agreement does not end your Agreement with the Caregiver.
What Happens if the Agreement Ends?
- If the Agreement is ended for any reason the provisions of this Clause 10 will apply.
- Any Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement will remain in full force and effect.
- Termination will not remove or reduce any right to damages or other remedy which either you or we may have in respect of any breach of the Agreement which existed at or before the date of termination.
Events Beyond Our Reasonable Control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations under this Agreement where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond our reasonable control.
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of this Agreement or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
- You will indemnify us from and against all liability that we may suffer as a result of your breach of this Agreement or of your contract with a Caregiver.
- Nothing in these Terms and Conditions is intended to or will limit or exclude liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
Other Important Terms
- You may not transfer (assign) your obligations and rights under this Agreement without our express written permission (such permission not to be unreasonably withheld). We may assign our obligations and rights under this Agreement to a third party. Your rights under the Agreement will not be affected and our obligations under this Agreement will be transferred to the third party who will remain bound by them.
- This Agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of the Agreement
- If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and the remainder of the provision in question will not be affected.
- No failure or delay by us or you in exercising any rights under the Agreement means that we or you have waived that right, and no waiver by us or you of a breach of any provision of this Agreement means that we or you will waive any subsequent breach of the same or any other provision.
- Each reference in this Agreement to “writing”, and any similar expression, includes electronic communications sent by e-mail.
Law and Jurisdiction
- This Agreement and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, English Law.
- Any dispute, controversy, proceedings or claim between you and us relating to this Agreement (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England & Wales.