INTERPRETATION
The following definitions and rules of interpretation apply in this agreement.
1.1. Definitions:
Administrative Fee: has the meaning given to it in clause 4.
Carer Introduction Services: the screening and introduction Services described in 3;
Customer: the business requesting the provision of Carer Introduction Services;
Introduction: the provision to you of the contact details of a Prospective Carer.
Introduce, Introduces, and Introduced shall be interpreted accordingly.
Introduction Date: for each Prospective Client, the date on which the Company first Introduces such Prospective Carer to you.
Confirmation of Introduction: a contract for the supply of Services between you and a Prospective Carer who was Introduced by the Company.
Services: the care services required by you, as agreed in writing between you and SLIC.
INTRODUCTIONS
2.1. This Agreement does not oblige you to request any Carer Introduction services from the Company, nor for the Company to be obliged to deliver any such Carer Introduction Services to you.
2.2. Prior to agreeing to provide any Introduction services, the Customer shall specify (i) the preferred profile of the carer required (for example, driving licence, level of experience and date of availability (“the Preferred Profile”) and (ii) the length of assignment required (“the Assignment”). The minimum period for any Live in Care Assignment is seven (7) days.
2.3. If the Company confirms that it can introduce the Customer to a Carer meeting the Preferred Profile, subject to the terms below, an Introduction will be made.
2.4. Your acceptance of a Prospective Carer (or receipt of written confirmation) is deemed to be an acceptance of these Terms and Conditions and renders you liable for the payment of the Carers charges, plus the Company’s Administrative Fee.
2.5. Details of each confirmed Introduction shall be as set out in the relevant written “Confirmation of Introduction”
SCREENING AND TRAINING
3.1. The Company shall, at its own expense, comply with all laws and regulations relating to its activities under this agreement and shall ensure that all Prospective Carers introduced to the Customer:
3.1.1. Are appropriately screened, vetted and reference checked (including recent and up to date DBS checking);
3.1.2. Have the necessary training and qualifications required for the delivery of the Services;
3.1.3. Have the required experience, as appropriate to the needs identified by the Customer;
3.1.4. Hold appropriate ID documents (for example passport and proof of address) along with Right to Work documentation; and
3.1.5. Hold a National Insurance number and, where relevant, hold or have applied to hold a UTR number.
3.2. If requested by the Customer, all relevant Carers compliance documents will be sent by email upon agreement of the Assignment.
CARERS CHARGES AND ADMINISTRATIVE FEE
4.1. When you enter into a contract with SLIC for the provision of individuals able to offer Live in Care Services you agree to pay:
4.1.1. The fees due to the Carer for the provision of their Services; and
4.1.2. The Administrative Fee due to SLIC, for the provision of the Live in Carer Introductory Service.
4.2. The Carers weekly fee will be confirmed in the “Confirmation of Introduction”.
4.3. The Administrative Fee is the fee that you pay to SLIC for sourcing the Prospective Carer, facilitating the Introduction, providing the Services set out in clause 3 and for administering the process. The Administrative Fee shall be charged in weekly instalments. The Administrative Fee is payable from the commencement of the Relevant ‘Confirmation of Introduction’ and is payable on a continuing basis, for the duration of the engagement with the Carer.
4.4. SLIC administers all payments to Live in Carers. Live in Carer fees and SLIC administrative Fees shall be payable to SLIC within two weeks of the date of the invoice. Funds shall be payable to the Company in pounds sterling. Interest will be charged on accounts more than 3 days overdue at 6% above the Bank of England base rate. If invoices are not paid on the date specified, you may be unable to secure future introductions through our service and your account may be terminated.
4.5.1. Charges payable to the Carer shall be invoiced by SLIC, on behalf of the Carer on the terms agreed between the Customer and SLIC.
4.5.2. To maintain the self-employed status of each Live in Carer, you must be confident that the way the Carer carries out required tasks will not be subject to control by anyone. In their capacity as a self-employed professional, it is usual for the Carer to follow the care plan provided at the property of the end user client, in accordance with their code of conduct and professional training.
4.5.3. The Customer confirms that it understands the basis on which self-employed Carers are engaged and accepts full responsibility for ensuring compliance with all legislation in this regard.
4.5.4. If a Customer or third party chooses to directly engage with a Carer introduced to them by SLIC bypassing the Carers Introduction Service (and the associated Administrative Fees payable), then the Customer shall be liable for the SLIC placement fee of £4,000 per carer, plus legal administration cost of 15% of the debt. This is payable within seven working days of the customer engaging with the Carer directly.
CANCELLATIONS AND REFUNDS
5.1. You may make cancellations before an Assignment commences. However, if a Carer arrives at the end-user's property, agreed location stated in the “Confirmation of Introduction'' or your business address prior to the cancellation being received, then you will remain responsible for making payment to the company for the Live in Carer's and SLIC administrative fees that would be payable for 72 hours of the agreed “Confirmation of Introduction”, plus any travel expenses incurred by the Live in Carer.
5.2. If the Customer terminates an Assignment prior to the intended expiry date, then charges payable (to both the Carer and the Company) shall be calculated by reference to the next full seven (7) day period. For example, if each week of the Assignment ran from Monday to Monday, but the Carer was asked to cease attendance on Friday (for example, because the end user was admitted to hospital), then charges would be payable up to the following Monday, even if the Carer was not required to provide Services.
5.3. Where a customer reports that a Carer is unsuitable for a particular Assignment, the Company will use reasonable endeavours to Introduce an alternative Carer as soon as practicable. Charges and Administrative Fees in respect of the Introduced Carer shall remain payable until such time as the Carer leaves the end user's property.
5.4. SLIC does not provide credits or refunds.
CONFIDENTIALITY AND DATA PROTECTION
6.1. Each party undertakes that it shall not at any time disclose to any person any confidential information (including sensitive personal data) to any third party, without the disclosing parties’ prior written consent.
6.2. The Company may disclose confidential information as follows:
6.2.1. to Prospective Carers, employees, officers, representatives, or advisers who need to know such information for the purposes of carrying out the party's obligations under this agreement; and
6.2.2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
6.3. No party shall use any other party's confidential information for any purpose other than to perform its obligations under this Agreement.
6.4. All information relating to the Carer is confidential personal information. The Customer acknowledges that the processing of such information is regulated by data protection legislation, including the EU General Data Protection Regulation. The Customer shall comply with all legal obligations in this regard and shall indemnify and hold the Company harmless against any loss or damage arising because of any failure by the Customer to maintain confidentiality or otherwise comply with law.
6.5. The content of this Agreement, the Preferred Profile and the “Confirmation of Introduction” is confidential between the Parties. Neither Party may discuss or disclose such information with any third party, without the prior written consent of the other Party.
INCORPORATION OF TERMS
7.1. These terms of business, as amended or supplemented by the terms of the “Confirmation of Introduction”, shall apply to each Introduction. We reserve the right to update our terms of business from time to time. Amendments to terms of business will only take effect in relation to future Introductions.
COMPLAINTS AND DISPUTES
8.1. The Company takes all customer complaints seriously and is committed to improving our service for both current and future Customers and Carers. If you have a complaint in relation to the Carer Introduction Service provided, please send the details by email to info@slic.services. We will aim to respond within one business day, but will definitely reply within 7 business days. We will investigate and reserve the right to report any serious complaints or allegations to the police or social services or relevant bodies who may take appropriate action where necessary. SLIC reserves the right to suspend any Carers or Customers from the service whilst investigating a complaint. We also reserve the right to notify other Customers if an allegation, complaint, or investigation pertaining to their carer is occurring or on going.
8.2. If a complaint or safeguarding concern is made relating to the Carer Introduced, the Customer will be responsible for handing any such complaint, including where relevant, conducting an investigation in accordance with its own policies and procedures. As an Introduction Agency, SLIC is not able to investigate any complaints regarding the Customers business. The Customer agrees to share with SLIC the outcome of any investigation.
EQUALITY
9.1. Customers agree to not discriminate against a Carer based on skin colour, nationality, disability, gender, sexuality, religious persuasion, or any other potential source of discrimination.
CONTACT INFORMATION
10.1 If you have any questions about the terms and conditions or the Services provided by the Company please contact by email.
NO PARTNERSHIP OR AGENCY
11.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party or the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
ENTIRE AGREEMENT
12.1 This agreement (together with the “Confirmation of Introduction” and the terms of our Privacy Notice) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
THIRD PARTY RIGHTS
13.1 No one other than a party to this agreement shall have any right to enforce any of its terms.
GOVERNING LAW
14.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
JURISDICTION
15.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).