Private Care Dorchester – account holder/care recipient – Terms & Conditions.
These Terms and Conditions apply to the provision of the services detailed on the Private Care Dorchester platform, website, and service contracts.
Definitions
“Account Holder” means individuals using the Private Carer Dorchester Platform to search or advertise home care, engage with a Carer(s), and enter into a service agreement with Carer.
“Care Recipient” means the individual or incorporated body that is receiving care via Private Care Dorchester. The account holder and care recipient can be the same person.
“Carer”, “Care Assistant”, “Care worker” and “Personal Assistant” are all terms used to describe approved Care Assistants with Private Care Dorchester. “Client” is the term used to describe an account holder in the contest of their contractual relationship with a Carer.
“Private Care Dorchester” is an introductory service for health and social care provided via Private Care Dorchester
“Placement fee” means the fee (£2,000.00) that Private Care Dorchester is entitled to charge any account holder that makes an offer to employ or hire a Carer directly i.e. attempts to directly hire a Carer from Private Care Dorchester.
“Platform” refers to the Private Care Dorchester platform used for all contracting, invoicing, and scheduling services.
“Service Agreement” is the initial agreement generated between the Carer and the account holder – it is the basic contract between the care worker and the account older.
“Shift Invoice” is the regular or one-off invoice created by the Carer who works via the Platform for the approval of and payment by the account holder.
“Vaccine” currently relates to any Covid-19 vaccine (either 1st, 2nd, or Booster dose) administered to an approved Carer through Private Care Dorchester.
1. TERMS
1.1 These terms and conditions are available on www.privatecaredorchester.co.uk. Our full Company name is Private Care Dorchester Limited. Our registered Company number is 13725731 and our registered address is at Flat 52, Redwood House, Hawthorn Road, Charlton Down, DT2 9UH.
Though as an Introductory Agency, Private Care Dorchester is not regulated by the Care Quality Commission ‘CQC’ (Care Quality Commission). We as a group aspire to the fundamental standards of the Care Quality Commission and expect all our employees, sub-contractors, suppliers, and approved Carers to equally aspire to meet these standards.
1.2 These terms, together with the other terms and policies referred to in section 1.5 below, govern the basis on which we provide the services available through Private Care Dorchester. Please read these terms carefully.
1.3 If you engage with Private Care Dorchester, you agree to be bound by these terms. These terms form a legally binding contract between you and us and govern your use of Private Care Dorchester. If you do anything to breach these terms, we have the right to terminate your account and your right to use Private Care Dorchester with immediate effect.
1.4 We may change the features of our services from time to time and these terms from time to time. If a revision is material, we may (but are not obliged to) notify you. If you continue to use our services from our approved Carers after any revisions take effect, then you will be taken to have free to the revised terms.
1.5 In addition to these terms, the following additional terms also apply to your use of our services (and are, where relevant, incorporated by reference into these terms):-
a) Our privacy and cookies policy when using the website/platform.
b) Any additional terms displayed on-screen or accessible via a link on the website/platform.
1.6 All rights granted to you under these terms and any other terms in a Private Care Dorchester Contract will terminate immediately in the event that you breach any of them.
2. ABOUT – PRIVATE CARE DORCHESTER
2.1 Private Care Dorchester Provides an introductory service for approved self-employed care workers and care recipients to connect with one another and to communicate and arrange home care service agreements between one another. This is facilitated through providing services which include access to a database of self-employed Carers and a jobs board where clients can post details of a job opportunity. Communication tools to facilitate interaction between care workers and clients. We hope to expand this into a mobile App in the near future. Payment systems (including Mangopay/PayPal/Stripe/BACS) to enable transactions between account holder/care recipients and self-employed approved Carers. Coming soon: Monitoring tools for account holders/care recipient to monitor care activity and review Carers. Feedback tools (including those controlled by approved third parties) on care quality and Carer reviews. Mobile Apps for both Carers and account holders/clients to enable easier and more secure communications.
2.2 Platform Provision Private Care Dorchester is an introductory agency. Private Care Dorchester provides an online marketplace to facilitate the process of finding domiciliary care and to provide a secure means for handling payments. It also markets and introduces Carers to account holders. Private Care Dorchester does not directly supply Carers to account holders/care recipients. For the avoidance of all doubt Private Care
Dorchester does not employ care workers nor does Private Care Dorchester act as an employment or care agency. As such, Private Care Dorchester is not permitted to make changes to a care recipient’s care plan, provide rules or effect control over the delivery of care. For the avoidance of doubt this is always the responsibility of the account holder. We operate what we call a ‘self-managed model of care’.
2.3 For further avoidance of doubt, Private Care Dorchester does not:
– provide or arrange for domiciliary care services or participate in the interaction between Carer clients and account holders, except to make introductions and provide technology to facilitate the interaction, as well as managing the processing of payments on behalf of customers to Carer clients.
– neither does it involve itself in the terms of use between customers and Carer clients or the regulation of their engagement with each other except to ensure certain minimum rates of pay are maintained by account holders on the platform (i.e. that all Carers on the platform charge at least the London Living Wage (after)
Private Care Dorchester’s platform fees and VAT (if applicable)) for all daytime hourly shifts.
– A Carer on the Private Care Dorchester platform solely decides whether to accept an offer from an account holder to provide domiciliary care services. The account holder/care recipient solely decides whether to engage a Carer to provide domiciliary care services. The service agreement created by the Carer at the start of an assignment and accepted by the account holder is a legal contract between each of these parties. Any subsequent associated shift invoices are from the area to the account holder and their creation by the Carer is merely facilitated by the platform software.
2.4 Platform constraints The Private Care Dorchester platform is used at the account holder’s/care recipients and self-employed approved Carers own risk and there is no guarantee that the platform will work optimally, not be subject to downtime or removed from service at any point in time. Private Care Dorchester does not accept any liability for losses or damages caused by the unavailability of the service, technical errors, usage errors or use of the platform outside of the intended purpose. Private Care Dorchester disclaims any liability for controversies, losses, injury, accidents, claims, or damages arising from the use of the online tools it provides, the engagement of Carers or the provision of care services by Carers.
2.5 Communications
You agree that our Apps, email, and SMS will be the official means of communication with the Private Care Dorchester platform. We may occasionally use other messaging services such as WhatsApp or internal messaging to account holders via the platform. As a business we take the welfare of all users of the platform as our number one priority. As such we reserve the right to monitor all communications transmitted via the Private Care Dorchester platform. In order to maintain high levels of Carer response times, we may, from time to time make use of a ‘mystery shopper’ to gauge Carer response times and general quality levels of client interaction. We also monitor all messaging on the site both manually and by using artificial intelligence. By agreeing to these terms and condition you explicitly agree to a Private Care Dorchester ‘mystery shopper’ having the right to contact you on an adhoc basis and the right to Private Care Dorchester to have oversight over all messaging on the platform.
3. PRIVATE CARE DORCHESTER CARERS
3.1 Vetting and background checking of Carers.
Private Care Dorchester make every reasonable effort to check the identity and information provided by Carers. This includes visual and online checks of passports identity cards to confirm identity and right to live and work in the UK including stated qualifications and training certificates where available, DBS checking, national insurance number and UTR number (if already issued).
Although Private Care Dorchester carries out these checks and makes a verification video call to every Carer who is allowed onto the platform, Private Care Dorchester is not responsible for, nor has it control over the quality, timing, legality, reliability, responsibility, integrity, or suitability of the self-employed Carers listed on the platform. Private Care Dorchester strenuously recommends that account holder care recipient carry out their own assessment of a Carers suitability before engaging into a service agreement with them by interviewing Carers (ideally in person but
this is not always possible). And in particular:-
a) By verifying in person, a Carers identity via photographic ID and suitability for the position they are applying for.
b) By following up on references (at Private Care Dorchester or the carers discretion) of Carers by telephone or email with their referees.
3.2 Insurance Cover
Carers working through the Private Care Dorchester platform are covered by selfemployed Carers Insurance. Policy details of which are available from the office.
We recommend that account holders/care recipients should check if their own insurance also covers Carers working in their home. For the avoidance of doubt, any transition between an account holder and a care worker that occurs off-platform is not covered by this self-employed Carers insurance policy and is also likely to result in the removal of both the account holder and the Carer.
3.3 Account Holder/Care Recipient/Carer code of conduct You must not discriminate against a health care worker or a client or account holder
on the basis of colour, nationality, disability, sex, or any other potential source of discrimination. In addition, you represent and warrant that if you are a Carer or you and every member of your household if you are a client, 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 that involves endangering the safety of others, through either dishonesty or negligence, and are not, nor have ever been, on the sex offenders register or other similar list.
4. PAYING FOR CARE
When entering into a service agreement with a Carer on the Private Care Dorchester platform, the Client agrees on the accompanying shift invoice to pay the hourly, daily, weekly, or nightly rate stated in the contract for the service that you have agreed to receive. This rate is agreed between the Client and the Care Worker. If the care has been delivered, then it must be paid for. The stated rate on a Carers profile includes all Private Care Dorchester fees and includes VAT on thePrivate Care Dorchester fees but not the Carer’s net rates.
5. LEGAL CONTRACT
Once the Client has accepted the service agreement set up by the Carer, the Client are bound by the terms of that agreement. Subsequent to your initial service agreement with your Carer you will receive either a one-off or regular shift invoices via the platform, depending on what payment terms you have agreed with the care worker. The value of one shift invoice will be deducted from your credit/debit card or bank account in advance for the agreement to be active.
For commercial/institutional clients and some local authority funded clients please contact the office on office@privatecaredorchester.co.uk for details of our commercial/local authority client accounts. For ongoing care, the value of each subsequent shift invoice will be deducted from
your credit/debit card/bank account on your authorisation. You must negotiate with the self-employed Carer regarding any deviations from the service agreement terms, for example time off for holiday, illness, or personal circumstances. It could well be that one of the micro-team could assist you during your Carers absence and this could be negotiated with your Carer and the micro team. Private Care Dorchester can offer no mediation or intervention regarding perceived non-compliance with the service agreement except return of funds for non-completed but paid for shift invoices. If for any reason a shift invoice is only partially completed then it is the responsibility of the Carer to cancel, reissue or edit a new
shift invoice that reflects the hours or days actually worked.
6. USER CONDUCT AND DISPUTES
6.1 Any agreements are legally binding agreements between the account holder/care recipient and the Carer client. Private Care Dorchester are not party to any agreement, and we cannot arbitrate or mediate if there is an alleged breach of contract. Any issues should be resolved directly between account holder/care recipient and the Carer. Private Care Dorchester does not accept any liability for claims, demands or direct or indirect damages arising from disputes between account holder/care recipient and Carers.
7. LIABILITY AND INDEMNITY
Private Care Dorchester’s liability under this agreement and in breach of statutory duty, tort, or misrepresentation or otherwise, shall be limited as set out in this section.
We are not liable (whether in relation to Carers introduced by Private Care Dorchester) in connection with this agreement or the performance of any of our other obligations for:
a)Any indirect, special, or consequential loss, damage, costs, or expenses. or;
b)Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims.
c)Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control.
d)Any losses caused directly or indirectly by any failure or your breach in relation to your obligations.
e)Any losses arising directly or indirectly by any failure or your breach in relation to your obligations.
8. DECLARATION
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you.
Should any Carer (as introduced by Private Care Dorchester) be taken on privately (or in any capacity) within 12 months of the termination of this agreement, a placement fee of £2,000 will be levied and will be due and payable immediately.
As agreed on this day ………………. Of ……………………………….. 202….
Name:………………………………………..
Signed:………………………………………