Terms & Conditions of Business
Candidates, Carers and Companions
2019


1. Definitions

“Agency” means “Home Help Candidates” trading within Home Help Agency Limited

“Candidate” means any Companion or Carer or other domestic worker who is introduced to a Client by the Agency, whether orally or in writing

“Companion” also means any Companion or Carer or other domestic worker who is introduced to a Client by the Agency, whether orally or in writing

“Commencement Date” means the date upon which an Engagement commences

“Client” means any person (including any family member, firm or corporate body) to whom a Candidate is introduced

“Engagement” means the Client making an arrangement to engage, employ or use a Candidate

“Full-time Candidate” means a Companion or Carer whose appointment exceeds 35 hours per week

“Overseas” means outside the United Kingdom

“Part-time Candidate” means a Candidate whose appointment does not exceed 35 hours per week

“Permanent Placement” means the placement of a Candidate or Companion or
Carer who is employed by the Client

A “Self Employed Candidate” is a Candidate who comes in for 2-3 weeks at a time on a rota with one or more other Carers or Companions.

“Temporary Placement” means the placement of a Candidate or Candidate or Candidate Plus whose appointment does not exceed 6 weeks in duration


2. Basic Terms

a. These Terms and Conditions of Business (the “Terms”) constitute the entire agreement between the Agency and the Client for the introduction to the Client of Candidates and are deemed to be accepted by the Client by virtue of:

the Client requesting the Agency to provide details of Candidates or
the Client contacting a Candidate or
the Client offering employment to a Candidate (the “Offer”) or

the Client offering a placement to a Candidate or 
the Client passing on any information about a Candidate to any third party following an introduction

b. No variation or alteration of these terms and conditions shall be valid unless agreed in writing

 


3. Fees and Invitation Letter

a.  A set-up fee of £180.00 is payable when a Client decides to go ahead  with an introduction to one or more Candidates

 

b. After an introduction has been confirmed and an offer has been made and accepted:

  • The fee for a Part-time Candidates' introduction is: £575.00 (inclusive of VAT)

  • The fee for a Permanent or Full-Time employed Candidate introduction (an employee) is 4 x her or his weekly salary

  • The fee for a Self-Employed Candidate working on a 2-3 week rota or a temporary basis is £23 per day per carer or £161 per week

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Please note: a permanent Carer or Companion who works full-time for just one client on a live-in basis (not on a rota with other carers) cannot legally be self-employed and must be employed by the client. For more information see HMRC website under 'self employed'. 


c. The Fee for Temporary (or trial) placements is not refundable against the permanent fee if a temporary or self-employed placement becomes permanent after 6 weeks. (Each the “Fee”) If a Candidate is engaged on a Temporary Placement or a Self-employed basis, and is subsequently engaged on a Permanent Placement then the Client will pay to the Agency the full permanent fee in addition to any fees already paid in respect of the Temporary Placement.

d. If the Client engages a Candidate within 12 (twelve) months of an introduction or (in the cases of a Temporary Placement) within 12 (twelve) months of the termination of an Engagement then a Fee shall be payable in accordance with the Fee structure set out above.   

e. The Client must inform the Agency as soon as a Candidate has accepted an offer of engagement. The Client may ask the Agency to make such an offer on the Client’s behalf and the Agency will inform the Client immediately if such an offer is accepted. The Client will provide written details of the Candidate’s agreed remuneration and period of engagement.

f. The Client agrees to pay the Fee within 7 days of invoice date and on all occasions prior to the commencement of Engagement.

g. Where possible, the Invitation Letter will be sent out by the Agency once the Fee has been paid.

h. Invoices not paid within 7 days will be subject to interest charged at 8% above the prevailing Bank of England base rate. In the event that a Client fails to pay a Fee which is due then the Client shall be liable for all legal and other costs incurred by the Agency in taking action to recover such Fees.


4. Agency and Client Obligations

a. The Agency provides services as an introductory agency only. For the purpose of effecting introductions between Clients and Candidates, and the Fees are for effecting introductions which lead to Placements. 


b. The Agency will endeavour to introduce the Client to Candidates as well suited as possible, based upon the information which the parties have provided. To this end the Agency will seek to provide the Client with all relevant information concerning the Candidate which has been made available to the Agency. The Agency cannot guarantee that all the information in the references or otherwise provided by the Candidate or other third parties is accurate. The final responsibility for any decision to engage a Candidate rests with the Client, who is therefore strongly advised to check details, documentation and references personally. The Client shall also be responsible for obtaining work and other permits for the Candidate where necessary. The Agency does not offer any warranty as to the suitability, honesty, character or capability of any Candidate. The Agency does ask for copies of a police check from every Companion, but cannot vouch for the validity of copies held. It is the responsibility of The Client to verify the Candidate's DBS certificate (police check) at their interview. 

c. The Agency shall provide the Client with guidelines (the “Guidelines”) setting out the working and living conditions which are the basis for engaging an individual as a Candidate.

d. The Client acknowledges that a Candidate may or may not be a trained carer, housekeeper, chef or guardian and agrees that the placement will be conducted in accordance with the Guidelines and in the spirit of a Home Help Candidate and that the Candidate will be treated with respect at all times. The Candidate will be given a timetable for work, showing clearly the hours of work, duties to be carried out and pocket money or wages or fees.

e. If the Client requests a Candidate who is qualified to drive, the Agency will submit details of candidates who have stipulated that they hold a valid driving license for the UK and will endeavour to obtain a copy of their driving license, but the Agency is unable to make any guarantees about the Candidate’s driving qualifications or the standard of their driving. It is the responsibility of the Client to verify the Candidate’s driving standard and qualifications, and ensure that the Candidate is adequately insured.

f. While the Agency will endeavour to meet the requirements of the Client, it is under no obligation to ensure that the Client is introduced to any Candidates. The Agency reserves the right to refuse to supply the Client with Candidate details at its own discretion.

g. In the case of employing a permanent live-in Companion or Carer (not on a rota of 2-3 weeks), the Client is responsible for ensuring compliance with all employment and other relevant legislation and regulations and all taxation obligations including, without limitation, national insurance contributions relating to the Engagement and all payments made to a Candidate and in any other way relating to the Engagement.

h. The Agency holds no responsibility for the employment contract between the Client and the Candidate which is solely a matter to be arranged between the Client and the Candidate. The Agency may offer a template employment contract which should be treated solely as an example, for guidance. Once the contract between the Client and the Candidate has been executed, the Client is responsible for submitting a copy to the Agency, in accordance with the Conduct of Employment Agencies and Employment Business Regulations 2003 (The Act). Under the Act the Agency is required to hold a copy of the employment contract between the Client and the Candidate.

i. The client is responsible for agreeing remuneration and conditions with the Candidate prior to confirming the engagement. The client, in any event, warrants that conditions relating to tax, remuneration, notice and grievances shall be notified in writing to the Candidate on Engagement.

j. It is the Client’s obligation to immediately inform the Agency if the Agency introduces a Candidate who has already been introduced to the Client by a third party. In the absence of any such notification the Agency is entitled to assume that it effected the introduction and the relevant Fee will be payable.



5. Replacements and Refunds for Permanent Companions and Carers Only (this does not apply to self-employed carers/companions on 2-3 week rotas)

a. The Agency cannot guarantee that a Candidate will complete a specific period of Engagement and likewise does not guarantee to the Candidate that the Client will engage the Candidate for a specific period. The Fee relates solely to the search for and introduction of Candidates by the Agency to the Client and (subject to clause 5c below) does not relate to the actual length of stay.

b. If a Permanent Placement terminates within one month of Commencement Date due to:

(i) The Client terminating the arrangement on grounds which are in the Agency’s
opinion reasonable: or
(ii) The Candidate terminating the arrangement on any grounds other than those set
      out in clause 5e below

Then the Client shall (subject to availability) be entitled to a replacement Candidate (the “Replacement”) free of charge. Only one free Replacement shall be provided per Fee paid. In order to receive a Replacement the Client must provide written notice by post or email (“Notice of Termination”) to the Agency within two (2) working days of termination of the Engagement that the Engagement has been terminated.

c. In the event that no suitable Replacement (as determined by the Agency) is available for a Permanent Placement then the Agency shall refund a proportion of the fee (such proportion to be determined by the date of termination of the Engagement). Refunds shall be made in accordance with the following sliding scale:

Period between Arrival and receipt of Notice        % of Fee to be refunded

Up to 4 weeks                         70%
4 to 5 weeks                            30%
5 to 6 weeks                            20%

d. If the Client chooses not to accept a suitable Replacement or if the Engagement is terminated more than 6 weeks after Arrival then the Client shall not be entitled to any refund.

e. If the Candidate leaves due to misconduct on the part of the Client (including a breach of these Terms or the Guidelines); or due to the Client providing false or misleading information (whither on the application form or otherwise); or due to the Client changing the Candidate’s location of employment, the candidate’s agreed working hours or job description; or the Client not providing the Candidate with a contract of employment, then the Client shall not be entitled to a free Replacement or a refund of any part of the Fee.

f. This clause 5 shall also apply in relation to Temporary Placements except that a free Replacement shall only be offered if the Candidate has completed less than 50%of the number of days of their agreed Engagement and the Engagement has been terminated within 2 weeks of the Commencement Date. In such circumstances and if no suitable Replacement is available then the Agency shall refund 50% of the Fee. If upon termination of the Engagement the Candidate has completed more than 50% of the number of days of the agreed Engagement then the Client shall not be entitled to a free Replacement or any refund.


6. Trial Period

The Client shall be entitled to engage up to two (2) proposed Permanent Placement Candidates for a trial / temporary period of up to a week. The Candidate should be paid directly for their time and a Temporary Placement Fee for the full trial period will be payable. 


7. Cancellation

a. If the Client cancels the Engagement after terms have been agreed but before the Engagement commences, the Client will still be liable for the start-up / administration fee of £180. If the Candidate cancels the Engagement prior to commencement then the Client shall be entitled to a Replacement or a full refund.

b. If the Client cancels an arrangement with a Candidate who is travelling after travel arrangements have been made hen the Client must reimburse the cost of those travel arrangements.


8. Liability

The Agency shall endeavour to introduce Candidates who are suitable for the Client’s requirements. However the Agency is providing services solely for the purpose of introducing Candidates to the Client and the final decision to employ a Candidate is the sole responsibility of the Client. The Agency shall not be liable for any costs, damage, losses (including loss of earnings), injury, personal injury, death or misconduct related to the introduction of the Candidate to the Client or due to any inaccuracy in the information provided by the Candidate or any third party or from any failure to introduce a Candidate. In no circumstances shall the Agency have any liability to the Client beyond the value of the Fee paid.


9. Confidentiality

a. All information provided by the Agency to the Client is confidential and must not be passed on to a third party directly or indirectly (unless required by a law enforcement agency). If the Client passes confidential information on to a third party resulting in the engagement of a Candidate by a third party within one year of the Client being introduced to the Candidate then the Agency Fees shall become payable by the Client.

b. The Data Protection Act 1998 regulates the processing of personal data. The Client consents to the holding and processing of personal data (including sensitive personal data) (as defined in the Data Protection Act) which relates to it by the Agency in accordance with the provisions of the Data Protection Act.

10. Jurisdiction

These terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.

 

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© 2019 Home Help Agency Ltd. Registered in England and Wales. No: 9407323. Trading as: Home Help Companions