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The Live in Care Company Ltd Terms and Conditions: For our Carers
We are The Live in Care Company Ltd. The Live in Care Company Ltd provides an online platform which connects Carers (self-employed individuals offering care and support services to others) with clients (people seeking the support or services from Carers). Through our online platform (www.theliveincarecompany.co.uk), Carers and clients are able to connect with one another, agree care contracts, and start working together. At the client’s request we may also introduce Carers to clients. Our service enables clients to:
Search an online database to find self-employed Carers who can provide the desired service(s);
Have the assurance that all Carers have been vetted for suitability, are insured and have received recent DBS clearance;
Easily pay for the services provided by Carers, throughout our inbuilt and secure payment system;
Communicate directly with Carers to ensure a “best fit” is achieved pre service commencement; and
Provide feedback and comments on our service, and that provided by the self-employed Carers.
The Live in Care Company Ltd is classified as an ‘introductory agency’, as per the Care Quality Commission (CQC) guidance. We therefore link clients with Carers via our website. We are not an employment agency or a care or home care agency. We do not have the right to make changes to the care plan(s) of clients, arrange rotas, or to change or influence the provision of care delivery.
Limitations of liability
The Live in Care Company Ltd services are used at the Carers’ own risk.
Our website, www.theliveincarecompany.co.uk, is available free of charge. We provide no guarantee that the site will work optimally, or that it won’t be subject to downtime, or removed from service at any point in time. The Live in Care Company Ltd does not accept any liability for losses or damages caused by the temporary unavailability of the service or technical errors.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
The Live in Care Company Ltd cannot be held liable for injury, controversies, losses, accidents, claims or damages arising out of the use of its services including the online platform, as well as the provision and delivery of services by individual Carers.
We ask that all Carers recognise that their decision to enter into a contract with a client is their sole responsibility and that The Live in Care Company Ltd gives no warranty as to the suitability, history or character of any client, nor does The Live in Care Company Ltd give any warranty as to the completeness, truthfulness or accuracy of any information provided by the client.
We ask that you understand and agree to the risks inherent in participating in an Introduction and that you hereby waive all rights to any claim for damages from any person or organisation involved in creating, producing or distributing the The Live in Care Company Ltd service or information pertaining to the The Live in Care Company Ltd service.
To the extent permitted by law, The Live in Care Company Ltd will not be liable for any loss, damages, misrepresentation, injury, accident, claim, cost, charge, expense, action, demand or consequential losses whatsoever in any jurisdiction arising out of or in connection with the use of our website and/or the service provided by Carers.
Our site, www.theliveincarecompany.co.uk, is provided for domestic and private use only. Carers are asked not to use our site for any commercial or business purpose, other than identifying an appropriate client.
Carers are directly responsible for the content they upload to the The Live in Care Company Ltd platform and must not give the impression that any content is provided by The Live in Care Company Ltd or any other individual. Content must not be defamatory, offensive or inaccurate, false or misleading. We reserve the right to remove any content that does not meet these standards. The Live in Care Company Ltd 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.
The Live in Care Company Ltd will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or from any website linked to it.
The Live in Care Company Ltd assume no responsibility for the content of websites that are linked from our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Our vetting process
By registering as a Carer on the The Live in Care Company Ltd platform, you are agreeing to the fact that we will undertake a number of checks on the identification and information you have provided us with. This includes visual checks of;
Passports or other appropriate photographic ID to confirm identity and right to live and work in the UK
stated qualifications and training certificates where available
existing DBS checks
We will provide DBS checks ourselves when Carers are unable to provide a valid DBS certificate from within the past 3 years, the cost of which will be borne by the Carer. We will also require at least 2 meetings with all individuals/businesses wishing to register as a Carer on the The Live in Care Company Ltd’s online platform.
You are not permitted to use the The Live in Care Company Ltd website for any reason other than for the following, private, non-commercial purposes: (1) viewing and browsing the website; (2) responding to genuine enquiries from clients regarding the provision of services; (3) making/reviewing/changing bookings; (4) checking for client feedback; (5) changing billing information and generating invoices where relevant, and (6) communicating with The Live in Care Company Ltd representatives. (Carers may generate their own invoices if they wish to do so.)
We expect Carers using our introductory service to provide an exemplary level of service to clients. Please see below a list of areas to be aware of when working with clients:
Treat all clients with respect, dignity and compassion at all times put the needs of the client first.
Always act with honesty and integrity.
Always act in the best interests of the client and maintain their privacy, rights and health and well being.
Be reliable, dependable and trustworthy.
Be presentable and behave in a professional manner at all times and agree to keep all information provided confidential.
Establish and maintain clear professional boundaries in relationships with clients and other professionals.
Be accountable by making sure they carry out only tasks in which they are competent, be able to justify their actions, and recognise their strengths and weaknesses.
Be prepared to ask for guidance if they feel they are unable to adequately perform their role.
Not to take advantage of the client or accept loans, gifts or benefits from clients which may be seen to compromise the position of support worker or support worker/ carer.
Report any errors or omissions made themselves or by colleagues that may compromise the safety of the client.
Promote a client’s independence and ability and to use all available resources to assist clients to exercise their rights and make choices.
Obtain valid consent before providing care and agree to respect the right of a person to refuse healthcare if they have the capacity to do so.
Communicate openly and effectively and document all communication made via written notes and reports.
Never abuse, neglect, harm or exploit those for whom they are providing support/ care.
Respect the individuality, diversity and equality of all clients and to promote equal and fair treatment.
You should be 18 years of age or above, and have the right to form legally binding contracts under UK law. You should have the appropriate insurance in place to be able to work in a client’s home, and take responsibility for ensuring that all clients have the correct insurances in place to welcome you into their home.
The Live in Care Company or the Client shall have no right to, nor shall seek to, exercise any direction, control, or supervision over the Carer in the provision of the services. The Carer shall endeavour to co-operate with The Live in Care Company and the Client’s reasonable requests within the scope of the services, however it is acknowledged that the Carer shall have autonomy over their working methods whilst adhering to the necessary care delivery Acts.
In your capacity as a Carer you agree to provide a professional, punctual, safe, compassionate, well communicated and diligent service for the client. You are responsible for recognising your own competencies and must not accept a contract that involves duties beyond this level of competence. You agree to act honestly and with absolute integrity at all times. The Carer shall provide the services using suitably qualified personnel of their own choosing. The Carer reserves the right to substitute any personnel, provided the Client is reasonably satisfied that any proposed substitute possesses the necessary skills and qualifications for the satisfactory completion of the services. The Carer will remain liable for the services completed by substitute personnel and will bear any costs. As a self-employed Carer, you have a right to find a suitable substitute for your absences. We ask that, where possible, you involve the client in the identification of any required substitutes, and keep the client’s need at the very centre of all decision-making.”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
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.
By registering with The Live in Care Company Ltd we expect you to accept and abide by all terms and conditions set out in this document. We also expect that you recognise the role of The Live in Care Company Ltd as an introductory service, and that you do not create contractual or any other agreements outside this service with any clients introduced to you by The Live in Care Company Ltd, with or without the deliberate intention of avoiding The Live in Care Company Ltd fees. We also expect you not to introduce carers known to you that are not registered on www.theliveincarecompany.co.uk to the client without the written agreement of The Live in Care Company Ltd. You should not introduce Carers that you meet via The Live in Care Company to clients known to you. We reserve the right to take legal action against you and to withhold funds that are held on account from you to compensate for future loss of business to The Live in Care Company caused by making such arrangements with the client.
Once a contract has been set up between yourself and a client, you are bound by the terms of that established contract. It is your responsibility to agree any deviations from the contract terms. Agreements created are legally binding and remain effective between Carer and client. The Live in Care Company Ltd are not party to such agreements and we cannot arbitrate or mediate if there is an alleged breach of contract unless the dispute resolution process is activated.
Dispute resolution process
The Live in Care Company Ltd provides a dispute resolution process to support the management of any disagreement between client and self-employed Carer. Either client or self-employed Carer can dispute a contract. We ask that in either case, The Live in Care Company Ltd is informed of the need for arbitration within 24 hours of the relevant event. When this happens, The Live in Care Company Ltd will examine the contract, compliance with terms, user data analytics including but not limited to visit logging, messaging, geoverification, user feedback and previous self-employed Carer behaviour and any submissions by either party. The Live in Care Company Ltd reserves the right at its sole discretion to defer payment, reimburse or cease contractual payments at any time.
Release of liability for user conduct and disputes
Agreements entered into are legally binding and exist between client and Carer. The Live in Care Company Ltd is not party to such agreement and we cannot arbitrate or mediate if there is an alleged breach of contract unless the dispute resolution process is activated.
Where possible issues identified should be resolved directly between client and Carer. The Live in Care Company Ltd does not accept any liability for claims, demands or direct or indirect damages arising from disputes between clients and Carers, however we do offer a dispute resolution process which should be followed in the case of disagreement.
The unpaid monies for a contract are held in an escrow account and The Live in Care Company Ltd offers no guarantee to either care seeker or self-employed Carer that there will be either reimbursement or full payment if the dispute resolution policy is activated. The Live in Care Company Ltd will endeavour to come to an equitable outcome based upon the evidence available.
Payments, Cancellations and Refunds
Contracts for work are made between the client and the Carer.
If a client is not available to agree to the release of funds to pay for work already completed by a Carer, The Live in Care Company Ltd will release funds to the Carer on the client’s behalf, after a reasonable effort to contact the client has been made.
When a Carer does not accept a contract from a client, and that contract has been paid for by the client, The Live in Care Company Ltd will refund the client fully within 3 working days, and the contract will be cancelled.
All payments for work completed must be made via The Live in Care Company Ltd; attempts to pay outside of The Live in Care Company Ltd will lead to sanctions not limited to immediate account suspension. Any offers to pay outside of The Live in Care Company Ltd made by either party must be reported to The Live in Care Company Ltd immediately.
If a client chooses to engage a Carer directly and thus stop using the services provided by The Live in Care Company Ltd, the client will be required to pay The Live in Care Company Ltd an upfront, non-refundable fee equivalent to 1/12th of the Carer’s annual payment.
Hourly and Daily Carer rates
It is the responsibility of the Carer and the client to set and agree upon an hourly or daily rate for the services provided. Rates should not be changed during a contract agreement. Any change in hourly rates that are made before the end of a contract must result in the termination of the current contract and a new contract must be agreed.
The Live in Care Company fees
The Live in Care Company Ltd charges an introductory commission fee of 20% of the hourly Carers rate. This commission is already included in the rate stated on each Carer’s profile on The Live in Care Company Ltd. The Live in Care Company Ltd reserves the right to alter the terms of its commission structure at any time.
A contractor has the absolute right to terminate a contract when they see fit. Ideally, a “short term hire” (i.e. a short term contract), should not be cancelled unless there are exceptional circumstances.
A “regular hire” (i.e. a regular or standard contract) can be cancelled by the client or Carer, but ideally there is to be a 14 day notice period from the date that the Carer uses the system to cancel the contract or from the start of the contract – whichever is the later. If the contract has less than 14 days to run or is shorter than 14 days, the contract should not be cancelled. (In practice, the original contract will be cancelled and a replacement contract will be generated to honour the remaining 14 days).
The Live in Care Company Ltd strongly discourages cancellations of contracts unless exceptional circumstances occur. Clients depend on predictable and planned care and support access. Cancellations of contracts without sufficient warning or reason can cause undue inconvenience.
All Carers are to agree to abide by the information contained within the following full policies held in-house by The Live in Care Company Ltd.
Safeguarding Policy: The Live in Care Company Ltd have a range of policies in place which we, as an introductory agency, abide by. We recognise that the Safeguarding Policy is important for ourselves, clients and Carers. We 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 that this is the case, we will comply with this legislation and refer the relevant parties to the nearest Local Authority’s Adult Safeguarding Team. Although The Live in Care Company Ltd does not directly provide care, we take our duties as a responsible organisation seriously and work continuously to ensure a duty of care to all of our users and stakeholders.
Complaints Policy: The Live in Care Company Ltd takes all customer complaints seriously and is committed to learning from mistakes and improving our service accordingly. We have a complaints policy in place which outlines in detail the referral process for complaints, and our complaints management framework. In summary; if you have a complaint, please send this by email to [email protected] We will normally respond within one business day. We will investigate any matter referred and take appropriate action where necessary. If the complaint is regarding a contract dispute, you will need to activate the dispute resolution pathway. If you have concerns regarding the behaviour of a client, we will investigate the matter and take proportionate action ranging from verbal and written feedback to account deletion and suspension.
By using the introductory service provided by The Live in Care Company Ltd, you authorise us to carry out certain background checks and intermittent audits. We reserve 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 amongst others; sex offender registries, social media, criminal registries and other legally available databases and resources. The Live in Care Company Ltd has no obligation to perform such checks and releases all liability associated with the results of such checks.
Breach of terms and conditions
The Live in Care Company Ltd ask that you recognise the terms and conditions set out in this document and that you abide by them. You are to agree to indemnify and hold The Live in Care Company Ltd harmless from any claim or demand brought against us as a result of you breaching these stated terms and conditions.