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Terms of service

Our policies that apply to your account and use of this website

We find the very best carers in your area, interview them and perform background checks to make sure you are getting the best care.

If you a carer, the below terms are applicable to you

Definitions of terms:

  • “Helper” means the online marketplace for care provided via the Helper platform
  • “Carers” means individuals working on a self-employed basis and delivering care services via the Helper platform
  • “Clients” means individuals using the Marketplace service to search for care, engage with carers and enter a contractual relationship with carers
  • “Patients” means the person receiving the care. They may also be a client, however, in most cases tends to be a family member or guardian

Introduction;

1.1 About Helper

Helper provides an online platform for self-employed carers to find and work with clients and vice versa. It also provides tools that allow them to work together, which include, but are not limited to:

  • A database of self-employed carers, filtered by skill, area and time availability
  • Online payments system to enable transactions between self-employed carers and clients
  • A standard contract, executed at the agreement to provide services, valid for the service arranged and inclusive of agreements made between the carer and the client
  • Communication tools to facilitate interaction
  • Care plans and scheduling tools
  • Monitoring tools for customers to monitor care activity
  • Feedback tools on care provision

1.2 Introductory agency service

In accordance with CQC guidance, Helper is classified as an ‘introductory agency’. Helper runs an online marketplace to facilitate the process of finding home care. Helper does not:

  • Supply carers to clients
  • Employ carers
  • Act as an employment or care agency
  • Make changes to the care plan
  • Exercise control over the pricing or delivery of care

1.3 Limitations of service

All the tools provided by Helper are used at the client’s and carer’s own risk. Helper provides no guarantee over the functioning of the tools provided, and reserves the right to withdraw any of them at any time for a short or prolonged period. Helper does not accept any liability for losses or damages caused by the unavailability or functionality of the service.

Helper disclaims any liability for any losses or controversies, injury or accidents, claims or damages arising from the use of its tools, as well as the engagement or the provision of care services by carers.

General Terms of Service;

2.1 Eligibility to use the service; representations and warranties

  • By registering and using the service you confirm that:
  • All the information provided by you is correct and accurate
  • You accept and will abide by our terms and conditions you have the right to form legally binding contracts under UK law and are over 18 years old
  • You are eligible to legally work in the UK
  • You will be working on a self-employed basis and will fulfil all responsibilities and duties of a self-employed worker including paying all tax and National Insurance due to HMRC

2.2 Account creation

To use this service, carers must create an account on the Helper website. Each account must be a personal account and only one account is allowed per person. Carers must provide accurate and up to date information. You confirm you will keep passwords safe and secure and not allow anyone else to access your account. Helper reserves the right to change the terms and conditions of the site at any time and with immediate effect. Helper undertakes a level of due diligence to ensure each account belongs to one person.

2.3 Profile content

Carers are directly responsible for the content that they upload to the Helper platform. Content must not be defamatory, offensive or inaccurate, false or misleading. Helper reserves the right to remove any content that does not meet these standards at our absolute discretion. By using this service, you agree only to use Helper for its intended and lawful purposes. Helper 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.

2.4 Compliance with Contract

Once a carer has “accepted” a contract, they are bound to deliver the terms of that contract. The self-employed carer must negotiate with the client regarding any deviation from the contract, e.g. for time off or changes of contracted hours for leave, illness or personal circumstances. Helper can offer no mediation or intervention regarding perceived non-compliance unless asked.

2.5 Quality of Care delivery

In your capacity as a carer, you agree to provide a professional, punctual, safe, compassionate, well communicated and diligent service for the customer and/ or care recipient 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 on 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. Helper encourages you to contact and liaise with other carers registered on Helper to this end.

2.6 Compliance with Statutory Regulations

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 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 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.

Release of liability for user conduct and disputes;

All agreements between clients and carers are legally binding. Where Helper is not party to this agreement Helper cannot arbitrate or mediate unless the issue is raised directly with Helper.

Helper does not accept any liability for claims, demands or direct and indirect damages arising from disputes between clients and carers, however, Helper does offer resolution services where an issue is raised to us.

Issue Management Policy;

Where there is a disagreement between the client and the carer they may raise it with Helper. This will trigger our issue management process, where Helper will examine the evidence provided by both sides and the data contained within our own systems to attempt to come to as fair a resolution as possible. This data includes, but is not limited to, chat logs, visit reports and client and carer behaviour history.

Helper reserves the right, at its absolute discretion, to defer payment in escrow, reimburse or cease contractual payments at any time. We offer no guarantee that when an issue is raised that clients or carers will be reimbursed or paid.

Helper reserves the right, at its absolute discretion, to reffer matter onto the correct authorities, where they are better placed to arbitrated and manage the outcomes of any interaction and complaint.

To start the issue management process, an issue must be raised to Helper within 10 working days of the incident.

Payments and Cancellations;

5.1 Payments

Contracts for work are agreed between clients and carers, however, all payments for work completed must be made via Helper; attempts to pay outside of Helper will lead to sanctions not limited to account suspension. Offers to pay outside of Helper, made by either party, must be reported to Helper immediately.

All credit and debit card information is held in compliance with PCI and is secure.

5.2 Rates and fees

It is your responsibility to set your hourly rate for the care services you wish to provide. Hourly rates should not be changed during a contract agreement. Any changes 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 with the client. When setting your rate and negotiating with the client, you should account for Helper charging a service fee of 20% inc VAT which is deducted from your hourly rate.

5.3 Income Tax and National Insurance

By using this service as a self-employed carer you agree that you have made and will make all required legal and tax filings to HMRC. This includes making national insurance contributions and paying income tax.

5.4 Cancellations and absences

Helper accepts that cancellations are inevitable however we discourage them. Where an emergency arises and absence is unavoidable, you must inform the client immediately with as much notice as possible. When cancelling any agreed hours with a client, we ask you to notify Helper of your cancellation at the same time so that we can assist in finding a replacement.

If you fail to inform your client of any absences or changes in contracted hours and this results in a complaint from the client, we reserve the right to withhold your pay for the week where the unexcused absence occurred. Please bear in mind that cancellations and unexcused absences may also affect your rating on the platform.

In cases of planned holiday or leave, you must inform the client of your wish to arrange cover at least 2 weeks in advance of such absence, and make best efforts to arrange cover with other carers registered on Helper. Any cover with a Helper carer must be agreed with the client beforehand and be registered through the platform as they would when accepting any other booking.

Limitation of liability;

6.1 Responsibility for contract acceptance

You acknowledge that the decision to enter into a contract with a client is your sole responsibility and that Helper makes no warranty as to the suitability of any work assignment you accept via Helper, nor does Helper provide any warranty as to the character or honesty of any customer or the truthfulness or accuracy of information provided by a customer.

However,Helper does encourage you to make Helper aware of concerning client behaviour. Helper reserves the right to take any action it sees fit, on the basis of this information including, but not limited to, account suspension and complete removal from the platform. This is to safeguard carers working via the platform.

6.2 Risks of introduction service

You agree that you understand the risks involved in participating in an introductory agency service and you hereby waive any rights to claims for damages from Helper in relation to the service.

6.3 Breach of terms and conditions

You agree to indemnify and not hold Helper responsible or make any claim or demand against Helper as a result of you breaching these terms and conditions.

Contractual Obligations;

By using Helper, you agree to use the service for all current and future work that takes place as a result of an introduction made through Helper. If you have been introduced to a potential client through Helper, you must not create contractual agreements outside of this service, with the deliberate intention of circumventing Helper fees.

Termination of profile;

You shall immediately notify Helper should your circumstances change and you are no longer able to accept client work via Helper. You are expected to carry out a high-quality service at all times. Helper reserves the right to terminate your profile, if it comes to our attention that your service is not up to standard, as determined by Helper, or the terms and conditions have been breached or in the case that jobs have been frequently turned down. This decision is at the sole discretion of Helper 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 a carer’s profile.

Quality assurance and background checks;

By using this site or service you authorise Helper to carry out certain background checks and audits at a time of their choosing. Helper reserves 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, but are not limited to, sex offender registers, social media, criminal registers and other legally available databases and resources. Helper has no obligation to perform checks and releases all liability associated which results from checks. However, Helper endeavours to review or carry out enhanced DBS checks on all carers registered on Helper. Helper reserves the right to exclude a carer from Helper’s carer directory on the basis of findings in the DBS check. You also warrant that you have not been the subject of a restraining order or any other civil action.

Feedback, marketing and customer reviews;

We ask clients to feedback on the experience they had with you. The feedback will contribute towards the review section on your Helper profile. Customer feedback should be honest and you must not offer incentives in exchange for better feedback or try to influence a customer to deviate from their true and honest view. 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 Helper to publish customer reviews on your profile, and you must not attempt to delete customer reviews or create a new profile to delete poor feedback. Your profile data including biography and photograph (without identifying details) may be used from time to time in print and online marketing initiatives with the intention of generating more demand for your services. You also give Helper a perpetual and non-exclusive right to share your information with third parties. If you wish to opt out of this activity, please contact admin@Helper.community

We also ask that you raise any issues you have had with clients to Helper, so that they may be reviewed. This includes any instance where you see issues involving vulnerable people in accordance with Helper’s safeguarding policy.

Privacy Statement;

By using the Helper’s services you consent that Helper may process the personal data that Helper collects from you in accordance with Helper’s Privacy Policy.

Confidentiality;

You agree to keep strictly confidential any information you receive in any medium or format about potential, existing and past clients from either Helper or the clients themselves. This includes but is not limited to personal information and medical information.

Governing Law;

The terms and conditions and any dispute arising out of the site 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 this site and/ or service.

Contact Information;

If you have any questions about the terms and conditions or the services provided by Helper please contact us at: admin@Helper.community

If you a client, the below terms are applicable to you

Definitions of terms:

  • “Helper” means the online marketplace for care provided via the Helper platform
  • “Carers” means individuals working on a self-employed basis and delivering care services via the Helper platform
  • “Clients” means individuals using the Marketplace service to search for care, engage with carers and enter a contractual relationship with carers
  • “Patients” means the person receiving the care. They may also be a client, however, in most cases tends to be a family member or guardian

Introduction

1.1 About Helper

Helper provides an online platform for self-employed carers to find and work with clients and vice versa. It also provides tools that allow them to work together, which include, but are not limited to:

  • A database of self-employed carers, filtered by skill, area and time availability
  • Online payments system to enable transactions between self-employed carers and clients
  • A standard contract, executed at the agreement to provide services, valid for the service arranged and inclusive of agreements made in the chat function and any oral agreements
  • Communication tools to facilitate interaction
  • Care plans and scheduling tools
  • Monitoring tools for customers to monitor care activity
  • Feedback tools on care provision

1.2 Introductory agency service

In accordance with CQC guidance, Helper is classified as an ‘introductory agency’. Helper runs an online marketplace to facilitate the process of finding home care. Helper does not:

  • Supply carers to clients
  • Employ carers
  • Act as an employment or care agency
  • Make changes to the care plan
  • Exercise control over the pricing or delivery of care

1.3 Limitations of service

All the tools provided by Helper are used at the clients’ and carer’s own risk. Helper provides no guarantee over the functioning of the tools provided, and reserves’ the right to withdraw any of them at any time whether for a short or prolonged period. Helper does not accept any liability for losses or damages caused by the unavailability or functionality of the service.

Helper disclaims any liability for any losses or controversies, injury or accidents, claims or damages arising from the use of its tools, as well as the engagement or the provision of care services by carers.

General Terms of Service;

2.1 Eligibility to use the app and services; representations and warranties

By registering and using the service you confirm that:

  • all the information provided by you is correct and accurate
  • you accept and will abide by our terms and conditions
  • you have the right to form legally binding contracts under UK law and are over 18 years old

2.2 Carer selection

By registering for and using Helper as a client, you agree that it is your responsibility to select a carer for yourself or any other persons and that, whilst Helper does provide assistance, the choice, ultimately, remains yours.

2.3 Vetting and background checking of carers

Helper makes reasonable efforts to check the identity and information provided by carers. This includes visual checks including but not limited to:

  • passport (confirm identity and their right to live and work in the UK)
  • existing DBS checks

Helper does not fully check but does provide some level of audit over carer’s:

  • stated qualifications and training certificates (where available)
  • references from previous employers

Where carers cannot provide confirmation of having passed a DBS, Helper engages with an external party to provide them with one.

Whilst Helper interviews every carer on the platform, Helper is not responsible for, nor has any control over, the quality, timing, legality, reliability, responsibility, integrity or suitability of the carers on the platform.

Helper recommends that clients carry out their own assessment of a carer’s suitability before engaging into a contract with them by:

  • Interviewing carers
  • Verifying a carers identity via photographic ID
  • Requesting proof of experience, training, qualifications, authorisation and suitability for the position they are applying for
  • Following up on references of carers

2.4 Insurance cover

Whilst carers are not statutorily required to have insurance, Helper does provide this vicariously for ever visit arranged through the platform.

2.5 Code of conduct

You commit not to discriminate against a carer on the basis of race, nationality, disability, gender, religious grounds, or any other potential source of discrimination.

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 involved with 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 are not nor have ever been on the sex offenders register or other similar list.

2.6 Contract compliance

On agreement, whether through the website, over chat or any other communication function, that the work should take place, you enter into Helper’s standard Carer-Client contract, the terms of which can be found on the Helper website. This contact allows for additional terms clearly agreed to in written form over the chat function.

Helper offers no mediation or intervention regarding perceived non-compliance with the contract unless an issue is raised directly with Helper within 10 days of any transgression.

2.7 Permitted use.

You are not permitted to use the service other than for the following, private, non-commercial purposes:

  • Viewing the website
  • Sending genuine enquiries to carers regarding the use of their services for your own or a care recipient’s care needs
  • making/reviewing/changing bookings
  • Checking carer feedback and care plan status
  • Changing personal information such as billing information and the care plan
  • Communicating with Helper representatives by phone, email to arrange bookings, seek advice or activate a dispute resolution request

The use of automated systems, manual copying or software to extract data from the website for commercial purposes, is prohibited unless the third party has been awarded a written licence by Helper. Any breach of these terms renders the user liable for damages, to be determined in the local jurisdiction.

3.Release of liability for user conduct and disputes;

All agreements between clients and carers are legally binding. Where Helper is not party to this agreement Helper cannot arbitrate or mediate unless the issue is raised directly with Helper.

Helper does not accept any liability for claims, demands or direct and indirect damages arising from disputes between clients and carers, however, Helper does offer resolution services where an issue is raised to us.

4.Issue Management Policy;

Where there is a disagreement between the client and the self-employed carer they may raise it with Helper. This will trigger our issue management process, where Helper will examine the evidence provided by both sides and the data contained within our own systems to attempt to come to as fair a resolution as possible. This data includes chat logs, visit reports and client and carer behaviour history.

Helper reserves the right, at its absolute discretion, to defer payment in escrow, reimburse or cease contractual payments at any time. We offer no guarantee that when an issue is raised that clients or carers will be reimbursed or paid.

To start the issue management process, an issue must be raised to Helper within 10 working days.

5.Payment and cancellations;

5.1 Payments

Contracts for work are agreed between clients and carers, however, all payments for work completed must be made via Helper; attempts to pay outside of Helper will lead to sanctions not limited to account suspension. Offers to pay outside of Helper made by either party must be reported to Helper immediately.

All credit and debit card information is held in compliance with PCI and is secure.

As a client, you represent and warrant that you have the funds available to pay for the services.

5.2 Hourly carer rates

Hourly rates are set by the carer and may be subject to change. Hourly 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.

5.3 Helper fees

Helper charges a commission fee of 20% (incl. VAT) of the hourly carer rate. This commission is already included in the rate stated on each carer’s profile on Marketplace. Helper reserves the right to alter the terms of its commission structure at any time, including the addition of any charges it sees fit to impose to ensure the continued delivery of its services. Any change will be made clear to you at time of purchase.

5.4 VAT

Helper does not charge VAT on the service provided by self-employed carers but we charge 20% VAT on the commission we take.

5.5 Refunds

Helper does not provide refunds or credit for purchase cancellations, however, Helper may at its absolute discretion issue refunds or credit when it believes they are warranted.

5.6 Cancellations

Helper accepts that cancellations are inevitable however we discourage them. We ask that cancellations be made with 48 hours notice. Where less than 48 hours notice has been provided, the contract commencing will be billed and paid to the carer. Where both parties agree, Helper will exercise its discretion to void payment in such cases. Refunds for care work already contracted and subsequently cancelled will only be issued where both parties agree that it is appropriate to do so.

Limitation of liability;

6.1 Responsibility for contract acceptance

You acknowledge that the decision to enter into a contract with a carer is your sole responsibility and that Helper gives no warranty as to the suitability, experience, history or character of any carer, nor does Helper give any warranty as to the completeness, truthfulness or accuracy of any information or documentation provided by the carer.

6.2 Risks of introduction service

You agree that you understand the risks involved in participating in an introductory agency service and you hereby waive any rights to claims for damages from Helper in relation to the service.

6.3 Breach of terms and conditions

You agree to indemnify and hold Helper harmless from any claim or demand brought against Helper as a result of you breaching these terms and conditions.

6.4 Liability cap

You acknowledge that Helpers’s total liability to you whether in respect of goods or services and whether based on negligence, breach of contract, misrepresentation or otherwise shall not exceed the value of the total commission income Helper derived from you via the Helper’s service.

7.Quality assurance and background checks;

By using this site or service you authorise Helper to carry out background checks and audits at a time of their choosing. Helper reserves the right, but not the obligation, to use a third parties to scan your personal information on an ongoing basis against a variety of sources which may include, but are not limited to, social media, criminal registers and other legally available databases and resources. Helper has no obligation to perform checks and is released from all liability associated with such checks.

Feedback and customer reviews;

You are asked to feedback on your care experience which will affect each carer’s ranking on Helper. Feedback should be provided honestly and you must not attempt to falsify, manipulate or coerce a carer by threatening negative feedback. Any attempts of a carer trying to influence you in our feedback or trying to change your opinion unduly should be reported to us. 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 Helper to publish these reviews.

Contractual Obligations;

By using the Helper, you agree to use the service for all current and future work that takes place as a result of an introduction made through Helper. You must not create contractual agreements outside this service with carers introduced to you on Helper, with the deliberate intention of avoiding our fees. Any severe offences will result in but are not limited to the suspension or immediate termination of a client’s profile, at Helper’s total discretion.

Safeguarding Policy;

Helper takes the safety of all parties using Helper extremely seriously and requires carers to 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 this the case, we will comply with this legislation and refer the relevant parties to the nearest Local Authority’s Adult Safeguarding Team. Although Helper does not directly provide care, we take our duties as a responsible organisation seriously and will endeavour to ensure a duty of care to all participants on the platform.

In instances where there is evidence to suggest that a client may not be able to safely and competently use our services, and in cases where evidence has been provided that states the client has committed any offence, or has place a carer in danger, we reserve the right at our absolute discretion to limit access to the platform on a temporary or permanent basis.

Complaints Policy;

Helper is committed to learning from mistakes and improving our service for both current and future customers and carers. We aim to respond to issues raised within 48 hours and investigate every matter referred and take appropriate action where necessary. This included refering incidents to the correct authorities, where they are better placed to mediate and manage any past action. If you have concerns regarding the performance, behaviour or competence of a carer, we will investigate the matter and take proportionate action, at Helper’s absolute discretion, ranging from feedback to account suspension.

Privacy Statement;

By using the Helper services you consent that Helper may process the personal data that Helper collects from them in accordance with Helper’s Privacy Policy.

Governing Law;

The terms and conditions and any dispute arising out of the site 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 this site and/ or service.

Contact Information:

If you have any questions about the terms and conditions or the services provided by Helper, please contact us at: admin@Helper.community

If you are a Client or a Carer, the below terms are applicable to you when you enter into a visit:

Definitions of terms:

  • “Helper” means the online marketplace for care provided via the Helper platform
  • “Carers” means individuals working on a self-employed basis, delivering care services via the Helper platform
  • “Clients” means individuals using the Marketplace service to search for care, engage with carers and enter a contractual relationship with carers
  • “Patients” means the person receiving the care. They may also be a client, however, in most cases tends to be a family member or guardian.

Introduction:

The specifics of this agreement are generated and stored in the Helper database and is accessible on request. This document forms the broad outline and key terms of the agreement, where specifics are relevant, this will be flagged, bringing the relevance of external data to the reader’s attention.

This agreement is the standard agreement between Clients and Carers operating over the Helper.community Ltd platform.

General terms:

This is an agreement between the carer and the client, whose specific identity is created on agreement of work to be done, for the provision of services via the Helper platform.

Each party agrees to work together in good faith and to the best of their ability to optimise the level of care provided to the patient.

Party specific terms:

The Carer agrees to:

  • Treat the client with respect, courtesy, fairly and without discrimination
  • Recognise that the wishes of the Client are paramount in the provision of the tasks outlined in the care plan and visit details
  • Provide the services in accordance with the client’s initial request as well as those made and agreed upon via written conversations and in the care plan, any associated patient information, including medication schedules and specific condition information
  • Work with the client and patient to identify the major risks to all parties, or any third party, that could affect the provision of the services agreed. The carer and client will work with the patient to reduce these risks, including any Health and Safety concerns within the work place
  • Ensure that there is clear and regular communication between themselves and client with regards to the services requested and provided to the patient
  • Work to the best of his/her ability, and be of an appropriate level of skill and experience to meet the needs of the client
  • Not undertake work that he/she feel unqualified to perform and, where appropriate, ask the client to delegate such duties to another
  • Use reasonable efforts to work with anyone the client or patient has chosen to advocate on the patient’s behalf. This might be a family member, friend or somebody in an existing circle of support, including doctors and other third parties.
  • Respect the confidentiality of the Client and Customer in all contact with other organisations and individuals, and outside of the provision of the services agreed.

The carer acknowledges that this agreement imposes no obligation on the client or their representative to provide the carer with any additional assignments.

The Client agrees to:

  • Treat, and ensure thepatient treats, the carer with respect and courtesy and not harass or threaten them
  • Provide a safe working environment, and in doing so, work with the carer to identify and address any Health and Safety concerns within the work place
  • Provide carers with clear instruction and provide clarification where needed as well as guidance and advice to improve the level required
  • Ensure that there is clear and regular communication between themselves and the carer, with regards to the services requested and provided to the patient
  • Ensure access is provided in a timely manner for the carer to work with the patient. If the carer is prevented from carrying out the tasks assigned in the careplan and visit details, by the actions of the Customer or Client, they may still charge as if those services had been provided
  • Inform the Provider if for some reason the patient is unable to receive the service as agreed due to illness, appointments or not being available for any other particular reason as soon as possible
  • Rate the carer for each job and provide feedback directly or published online where asked, or where they feel appropriate
  • Not to pressure the carer into providing services that carer that the carer feels unable to safely provide
  • Pay fees on time and in full
  • Acknowledge that this agreement imposes no obligation on the client or their representative to provide the carer with any additional assignments.

Lateness;

If the Provider believes they are going to arrive 10 minutes after the agreed start time, they must contact the client or patient as soon as possible. Continual lateness may mean that the contract can be cancelled by the client or patient.

Fees;

Fees for the services will be as agreed in the initial offer and in accordance with the Helper terms of service, to be found on the Helper website.

No travel expenses will be charged

Invoices and Payment;

Unless specifically agreed otherwise, Invoices will be submitted immediately on contract agreement, to be made avaialble before and to be paid on the execution of duties performed after each visit, held in escrow by HELPER.community Ltd in the interim (a visit may be between one and any number of hours long).

Expenses;

The carer shall be entitled to be reimbursed by the client for all out of pocket expenses wholly, exclusively and properly incurred in the performance of the services subject to the carer providing the client with vouchers, receipts or other evidence of actual payment of such expenses and subject to the arrangement being specifically agreed in advance by the client. This excludes travel expenses.

Tax Liabilities;

The carer and the client declare and confirm that it is the intention of the parties that the carer 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 and accordingly the carer hereby agrees to indemnify the client in respect of any claims that may be made by the relevant authorities against the client in respect of income tax and national insurance or similar contributions relating to the services under this agreement.

Confidentiality;

The carer acknowledges that, during the course of this agreement, he or she is likely to obtain confidential information with regard to the patients or clients personal and public affairs. As such, the carer agrees that he/she shall:

  • not use the confidential information, other than directly in service of the client in connection with the provision of services
  • not at any time disclose or divulge to any other person and shall use his/her best endeavors to prevent the publication or disclosure of any confidential information by any other person

The restrictions set out in in the privacy policy shall cease to apply to information or knowledge which comes into the public domain.

The client and the carer agree to comply with all applicable data protection legislation, including but not limited to the Data Protection Act 1998, EUGDPR and any subsequent amendments thereto.

Communications;

Any communication to be given pursuant to the terms of this agreement shall be in writing and shall be delivered by email, watsapp or other email/chat provision service.

Dispute Resolution;

In the event of a dispute arising out of or in connection with this contract and which has not been resolved following discussions and negations between a person or persons appointed or authorised by the client and the carer, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

Indemnity;

The carer further warrants to the client that, where requested, they will take out and maintain throughout the term of this agreement, adequate insurance in respect of public liability insurance coverage with an insurance office of repute to protect themselves against any liabilities arising out of this agreement.

Notices;

All notices shall be in writing and shall be deemed to have been duly given when delivered by email, watsapp or other email/chat provision service.

Status of the carer;

The carer is a self-employed contractor and nothing in this contract will make them an employee, worker, agent or partner of the client or patient. This contract is for the provision of care and support services from the client or patient, and does not create a contract of employment.

The carer may provide care or other services to other individuals or organisations. The carer may contract somebody else to provide the services on their behalf providing they are suitably qualified and able.

No Employment;

Nothing in this agreement shall be deemed to render the carer an employee of the client. This agreement does not create any mutuality of obligation between the carer and the client.

Force Majeure;

If either party to this agreement is prevented or delayed in the performance of any of its respective obligations under this agreement by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue.

For the purpose of this Agreement ‘force majeure’ shall be deemed to be any cause affecting the performance of this agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party and inter alia including, but not limited to the following:

  • strikes, lockouts or other industrial action
  • civil commotion, riot, invasion, war threat or preparation for war
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic, bad weather or other natural physical disaster
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
  • political interference with the normal operations
  • Lack of safe working conditions

Severability;

If any provision of this agreement 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 of this agreement shall continue in full force and effect as if this agreement had been executed with the illegal or unenforceable provision eliminated.

Termination of Agreement;

Either party shall have the right at any time to terminate this Agreement with immediate effect by notice in writing to the other party. Terminations by the client within 48 hours of the agree service delivery will result in the payment being made to the carer.

Survival of causes of action;

The termination of this Agreement howsoever occurring shall not affect the rights and liabilities of the parties already accrued at such time nor affect the continuance in force of such of its provisions as are expressed as or capable of having effect after such termination.

Waiver;

Failure of any party to insist upon strict performance of any provision of this agreement or the failure of any party to exercise any right or remedy to which he or she is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this agreement.

No waiver of any of the provisions of this agreement shall be effective unless it is expressly stated to be such and signed by all the parties to this agreement.

Law and Jurisdiction;

This Agreement is governed by the laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.