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Careworker Terms and Conditions

Recital

The Business is a membership organisation which seeks to provide a means for directly introducing self-employed Care & Support Workers to those seeking care. The Business is not a care agency and does not employ or engage Care or Support Workers.  

1. DEFINITIONS

1.1 In these Terms the following words and phrases shall have the following meaning unless the context indicates otherwise:

“Agreement” means the Agreement between the Business and the Customer for the Services incorporating these Terms and conditions and the Customer’s acceptance thereof
“Business” means The Alliance of Independent Care and Support Workers
“Customer” means the Care or Support Worker wishing to engage the Business to provide the Services pursuant to the Agreement
“Downtime” means periods of time when the Site will not be accessible to third parties by reason of unavoidable hardware or software failures, failure of electricity or other relevant utility supplies or for periods of necessary repair, maintenance or improvement
“Effective Date” means the date of signature (including digital signature) of this Agreement
“Insurance Responsibility” means the Customer shall obtain and maintain necessary insurance.
“Price”     £0.00 per annum or part thereof.
“Profile” means the Customer’s personalised profile which shall appear on the Site and which shall include such information about the Customer and the Services as the Customer and the Business shall from time to time agree
“Service User” means an individual looking for care and support from a Customer and shall be construed accordingly
“Services” means the Profile advertising Service offered by the Business to the Customer.
“Site” means the Business’ website
“Terms” means these terms and conditions

1.2 Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

1.3 All agreements on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter/singular gender throughout this Agreement shall include all genders and the plural and the successor in title to the parties.

1.4 In this Agreement references to clauses and schedules and sub-divisions thereof, unless a contrary intention appears, are to clauses and Schedules to this Agreement and Sub-divisions thereof.

2. The Services

2.1 The Business shall provide the Services for the Price (currently £0.00 - i.e Free).

2.2 The Business shall allow the Customer to create an account where the Customer will update their Profile.

2.3 The Customer’s Profile must not include direct contact details. The Business will allow Service Users to send a message to the Customers direct. The Business will not list the Customer’s telephone or email address on the Site.

2.4 The Business shall allow the customer a maximum of words and images of an appropriate size (as determined by the Business from time to time) as part of the Profile.

3. Duration of Agreement

3.1 The Term of the Agreement shall be for an initial period of 12 months. Thereafter, this Agreement will continue on a rolling basis for further, consecutive period of one year subject to the right of either party at any time to give a minimum of 2 months written notice of termination. The Customer will not be entitled to a refund in relation to the Price.

3.2 During the currency of this Agreement, the Customer shall:

3.2.1 use the Services only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Services by any third party; and

3.2.2 not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person; and

3.2.3 at all times comply with best practice; and

3.2.4 ensure the Profile is kept up to date; and

3.2.5 act in a professional and dignified manner at all times; and

3.2.6 abide by the Business’ Code of Conduct; and

3.2.7 respond promptly to any Service User enquires.

3.2.8 not to do any act which is intended to, or likely to, bring the Business in to dispute.

3.3 Any general information, advice or guidance about care work or care services which is available from the Site is for information purposes only and the Customer is free to use or ignore it. It is the Customer’s responsibility to ensure all their work, including documents, guidance or information utilised is fit for purpose.

4. Price

4.1 The Business reserves the right to increase the Price to reflect any increase in the cost of the Business, but the care worker will be made aware of this increase and have the choice to cease membership.

4.2 All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.

5. Changes to the Site

5.1 The Customer acknowledges and accepts that the Business may from time to time alter, suspend or discontinue any aspect of the Site or the content available through it, as it thinks fit and without giving prior notice.

5.2 Further, the Business may alter the Terms from time to time. The updated version will be affective as soon as it is uploaded on to this site. By continuing to use the Site following any amendments of the Terms, the Customer indicates agreement to such amendments.

5.3 The Customer accepts that it will have no claim for breach of contract or otherwise in respect of any such alterations to the Site or these Terms.

6. Provision of Services

6.1 The Business will provide the Services in a professional manner and with a level of skill appropriate to the Business’ status as an internet based online trading platform.

6.2 The Business shall use reasonable endeavors to ensure that access to the Site by Service Users is available at all times save for Downtime and further agrees to use its reasonable endeavors to keep Downtime to a minimum.

6.3 The Business will maintain the Site as and when necessary to ensure effective provision of the Services.

6.4 The Business will not be liable for any data which is lost, corrupted or destroyed as a result of Downtime.

6.5 The Business shall not be liable for any delays in performing the Services arising from any cause (including but not limited to Downtime) which is beyond the Business’s reasonable control and/or is the result of any inaccurate instructions or lack of instructions from the Customer.

6.6 The Customer accepts that it shall have no claim for breach of contract or otherwise in respect of any such period of Downtime.

7. Termination

7.1 Either party may, at any time, by notice in writing terminate this Contract forthwith if the other party is in default and if:

7.1.1 the default is material and is capable of remedy and the other party shall have failed to remedy such default within seven (7) days of receiving written notice from the other party specifying the default and requiring its remedy;

7.1.2 the default is material and is not capable of remedy;

7.1.3 if the other party ceases to carry on its business;

7.1.4 if a receiver, administrator or similar officer is appointed over all or any part of the assets or undertaking of the other party and is not discharged within fifteen (15) days of such appointment;

7.1.5 if the other party makes an assignment for the benefit of, or a composition with, its creditors, or another arrangement of similar import; or

7.1.6 if the other party shall go into liquidation otherwise than for the purposes of a bona fide amalgamation or reconstruction.

7.2 Any rights to terminate this Agreement shall be without prejudice to the rights of the other party.

8. Rights & Remedies

8.1 Either party shall be entitled to exercise any one or more of the rights and remedies given to it under the terms of this Contract and the determination of this Contract shall not affect or prejudice such rights and remedies and each party shall be and remain liable to perform all outstanding liabilities under this Contract notwithstanding that the other may have exercised one or more of the rights and remedies against it.

8.2 Any right or remedy to which either party is or may become entitled under this Contract or in consequence of the other’s conduct may be enforced from time to time separately or concurrently with any right or remedy given by this Contract or now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the other or others but are cumulative.

9. Insurances & Checks

9.1 The Customer shall obtain and maintain insurance to cover the usual risks presented through the delivery of care services to the Service Users and shall obtain necessary checks, including DBS checks if applicable.

9.2 The Customer shall upon request by the Service User provide evidence that the insurances are in force and that checks are valid and that all premiums relating to such insurances have been paid in full and on time.

9.3 If the Business does not maintain the necessary insurances under the contract, then notwithstanding any other right of action available to the Business under these Terms, the Business may take out appropriate insurance and shall be entitled to charge the Customer the cost of such insurance together with the Business’s reasonable administrative charges, such sums to be paid forthwith by the Business and if not so paid to be recoverable as a debt.

10. Liability

10.1 The Business shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement, for any loss or damage, including any indirect or consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Business, its employees, or agents or otherwise) which arise out of or in connection with the supply of the Services, from any stoppage, breakdown or failure of any such materials supplied by the Business in the provision of the services howsoever occasioned, except as expressly provided in this Agreement.

10.2 The Customer shall be wholly responsible for agreeing terms with any Service User who approaches the Customer by reason of the Profile or via the Site and acknowledges and agrees that the Business’ sole role is to act as a platform for effecting introductions between Care and Support Workers and Service Users. The Business accordingly makes no warranty or representation about the Service Users and shall not be liable to the Customer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the terms of this Agreement, for any loss or damage, including any indirect or consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims howsoever arising from any aspect of the relationship between a Customer and a Service User.

10.3 The Business does not exclude or restrict liability for death or personal injury resulting from its own negligence.

10.4 Subject to clause 10.3 the Business’s liability for any breach of the terms of this Agreement or otherwise will be limited to the value of the Services provided to the Customer by the Business under this Agreement as at the date of the breach.

10.5 The Business will not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control.

11. Hypertext Links

11.1 The Site may at points incorporate links to the websites and services of third parties. Such links are provided for convenience only, and their provision does not constitute an authorisation by the Business for the Customer to access such third party web sites, nor an endorsement of the content of such third party websites by the Business.

11.2 The Customer acknowledges and accepts that the Business shall not be responsible for any damages, loss, costs or expenses arising from the use of such third party websites, or products or services available through such third party website.

12. Confidentiality

12.1 Except in so far as such matters are properly in, or come into, the public domain, the parties agree to keep secret and confidential all matters contained in or arising from the Agreement and not to disclose any such confidential information to any person unless otherwise expressly provided by the Agreement, or unless he is ordered to do so by a court of competent jurisdiction.

13. Force Majeure

13.1 If the performance of the Agreement or any obligation under it is prevented, restricted or interfered with by reason of circumstances beyond the reasonable control of the party obliged to perform it, the party so affected (upon giving prompt notice to the other party) shall be excused from performance to the extent of the prevention, restriction or interference, but the party so affected shall use all reasonable endeavours to avoid or remove the causes of non-performance and shall continue performance under the Agreement with the utmost despatch whenever such causes are removed or diminished.

13.2 If the event that a Force Majeure Event continues for more than three months, either party may be given written notice to the other to terminate the Agreement immediately or on a set termination date. If the Agreement is so terminated, neither party will have any liability to the other, save that any rights and liabilities which accrued prior to termination shall be construed accordingly.

14. Monitoring of Traffic

14.1 The Business reserves the right to monitor any and all communications passing through the Business which relate to the Site or the provision of the Services.

15. Data Protection

15.1 Pursuant to the General Data Protection Regulation (GDPR) which came into force in England and Wales on the 25th of May 2018, the Business has certain obligations to you in respect of how it handles your personal data. Further details about your right can be accessed via the individual rights policy which is available on the Site.

15.2 The Business will gather data about your name, address and date of birth together with any information which you upload to your Profile. This information is required so that the Business can manage its contract with you pursuant to this Agreement. Your data will not be used for any other purpose.

15.3 Data relating to the Site (including personal data as defined by GDPR) may be stored on servers operated by the Business’s third party IT suppliers. Such third party suppliers are or will be based in the UK and are also subject to the provisions of GDPR.

16. Miscellaneous

16.1 This Agreement is personal to the Customer and may not be assigned to any third party without the written consent of the Business.

16.2 The Business reserves the right to assign this Agreement and to sub-Agreement all or any of its obligations.

16.3 No person other than the Business, any person to whom the Business assigns this Agreement and the Customer shall acquire any enforceable rights under or in connection with this Agreement.

16.4 No variation or amendment of this Agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties.

16.5 Any demand or notice given under this Agreement shall be in writing and may be served:

16.5.1 personally, by registered or recorded delivery mail, by facsimile transmission (confirmed by post), by electronic mail or by any other means which any party specifies by notice to the others.

16.5.2 Each party’s address for the service of notice shall be its above mentioned address or such other address as it specifies by notice to the others.

16.5.3 A notice shall be deemed to have been served if it was served in person, at the time of service, if it was served by post, 24 hours after it was posted, and if it was served by facsimile transmission or sent by electronic mail, at the time of transmission.

16.6 If any provision of this Agreement or part thereof is rendered void by any legislation to which it is subject or the final decision of any court having jurisdiction this Agreement shall be rendered void to that extent and no further; and the remainder of this Agreement shall constitute the agreement of the parties.

16.7 Each party acknowledges that except where otherwise expressly state din this Agreement, this Agreement contains the whole agreement between the parties and that it has not relied upon any oral or written representation made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.

16.8 The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.

16.9 The law applicable to this Agreement shall be English law and the parties consent to the exclusive jurisdiction of the English courts in all matters affecting this Agreement.