ATHOME CARE GROUP LTD

DATA PRIVACY POLICY

Introduction

Welcome to AtHome Care Group Ltd’s privacy policy. 

AtHome Care Group Ltd (“AtHome Care Group” or “We”) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and share your data with us. It also tells you about your privacy rights and how the law protects you. 

Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how AtHome Care Group collects and processes your personal data through your use of this website, including any data you may provide through this website when you complete any forms on our site or send any information to us.

This website is not intended for children, and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them. 

We are the controller and responsible for your personal data. If you have any questions on this policy, including any requests to exercise your legal rights, please contact AtHome Care Group using the details set out below:

Full name of legal entity: AtHome Care Group Ltd

Email address: help@athomecaregroup.co.uk  

Postal address: 66 Gloucester Road, Bishopston, Bristol, England, BS7 8BH

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. 

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated in August 2022. 

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data: This is information about you that you give us by filling in forms on or site www.athomecaregroup.co.uk or correspondence with us by phone, email or otherwise. It includes information you provide when you register to use our site, or have, contact with a Carer or Companion on our platform, participate in job boards, discussion boards or other social media functions on our platform including carer reviews, contract with a carer or  client and when you report a problem with our site. We also collect information on health and identity data and biometric data via Yoti (https://www.yoti.com/) who carry out background checks, with your permission, providing you with a safe way to share personal details with us as a business. The information you give us includes but is not limited to your name, address, email address and phone number, personal description, names of family members, details of medical professionals.

Contact Data: This includes your billing address, delivery address, email address,telephone numbers and social media usernames (facebook, Instagram, linkedin, twitter).

Financial Data includes bank account and payment card details.

Transaction Data includes details about payments to and from you and other details of services you have purchased from us.

Technical Data includes the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.  

Usage Data includes information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), Carers or Companions or Clients you viewed or searched for, page response times, length of visits to certain pages, page interaction information such as scrolling, clicks, and mouse-overs, methods used to browse away from the page and any phone number used to call us.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Special categories of data include details about your health, including physical and mental disabilities and genetic and biometric data, race or ethnicity, religious or philosophical beliefs, sexual orientation, and medical or dietary information provided by clients to carers via the AtHome Care Group platform. When requested enhanced DBS check from our carers and companions, we may also collect information about criminal convictions and offences. Please see in the section 4 for more information about this collection activity. Please refer to Section 4 which sets out how we use such data.

• We will also have told you for what purposes we will share and combine your data. We may work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytical providers, search information providers, credit reference agencies, insurance companies and charities). We will always aim to notify you if we receive information about you from them and the purposes for which we intend to use that information. 
• This information will only be disclosed to third parties with the client’s permission. 
• General but anonymised medical data collected by any digital care plan via the platform algorithms with regard to medical conditions or pharmaceutical regimes of clients may however be shared with third parties purely for research and development purposes. 
• We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
• If you fail to provide personal data
• Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

How is your personal data collected? 

• We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: 

• apply for our services;
• subscribe to our publications; 
• request marketing to be sent to you;
• enter a competition, promotion, or survey; or
• give us feedback or contact us. 

Automated technologies or interactions. As you interact with our website and platform, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy www.athomecaregroup.co.uk/cookies for further details. 

Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below: 

Technical Data from the following parties:

analytics providers such as Google, based outside the UK; 

advertising networks such as Google based outside the UK; LinkedIn and Twitter based inside the UK; Campaign Monitor based in the US and Reply.io based inside the UK; and 

search information providers such as Google, based outside the UK.

Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK.

How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal obligation.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message and other direct markeing routes. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal grounds, we are relying on to process your personal data where more than one ground has been set out in the table below: 

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new client / carer	(a) Identity  (b) Contact	Performance of a contract with you
To process and deliver your service including: (a) Manage payments, fees, and charges (b) Collect and recover money owed to us	(a) Identity  (b) Contact  (c) Financial  (d) Transaction  (e) Marketing and Communications	(a) Performance of a contract with you  (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey	(a) Identity  (b) Contact  (c) Profile  (d)Marketing and Communications	(a) Performance of a contract with you  (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our services)
To enable you to complete a survey	(a) Identity  (b) Contact  (c) Profile  (d) Usage  (e) Marketing and Communications	(a) Performance of a contract with you  (b) Necessary for our legitimate interests (to study how customers use our services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security and to prevent fraud) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity  (b) Contact  (c) Profile  (d) Usage  (e) Marketing and Communications  (f) Technical	Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, services, marketing, customer relationships and experiences	(a) Technical  (b) Usage	Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about services that may be of interest to you	(a) Identity  (b) Contact  (c) Technical  (d) Usage  (e) Profile  (f) Marketing and Communications	Necessary for our legitimate interests (to develop our services and grow our business)

How we use your data will depend on who you are and the purposes for which you are engaging with us. In general, we will only use your personal data where the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract, we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent (i) before sending direct marketing communications to you via email or text message or (ii) when collecting special category data. You have the right to withdraw consent to marketing at any time by contacting us at help@athomecaregroup.co.uk. 

CARER DATA: We generally use Carer data in four ways:

• Recruitment activities;
• Marketing activities;
• Equal Opportunities Monitoring; and
• To help us to establish, exercise or defend legal claims.

In addition to our recruitment activities, unless you have clearly stated on the website that you do not wish to receive such communications, we may also send you information from time to time about roles that you may find interesting and which we find to be in your legitimate interests.  In particular, we may wish to use your data for the purposes listed below. Please note that this list is not exhaustive. To:

• enable us to develop and market other services;
• inform you of relevant events hosted by AtHome Care Group or our trusted partners;
• market our full range of recruitment services to you; and
• display promotional excerpts from your details on At Home Care’s website as a success story (only where we have obtained your express consent to do so).

Please note that where you have previously engaged with us (for example by submitting a job application or CV, or registering a vacancy to be filled), and we are marketing other recruitment-related services that we believe to be of relevance to you, then we will do so in the view that it is in your legitimate interests to contact you further unless you have stated clearly that you do not wish us to contact you on the website.  You can choose not to receive any further information from us at any time and we will use all reasonable endeavours to remove you from any further mailing lists.

You can unsubscribe from our marketing communications via the unsubscribe link in all our marketing e-news. Your request is handled instantly. If you are unable to manage this task, you can contact us directly at help@athomecaregroup.co.uk and we will manually remove you from the database; in this instance, it might take a few days to expedite your request.

If you want to stop receiving job alerts via email, you should log-into your AtHome Care account and edit your job alert settings. This takes minutes and your new settings will take effect immediately. If you would like to close your account, you can log-in and do so yourself or if unable you can contact us at help@athomecaregroup.co.uk to request this; in this instance, it might take a few days to expedite your request.

We are committed to ensuring that our recruitment processes are aligned with our approach to equal opportunities. Some of the data we may (in appropriate circumstances and in accordance with local law and requirements) request from you (and which you would provide at your discretion) comes under the umbrella of “diversity information”. This could be information about your ethnic background, gender, disability, age, sexual orientation, religion or other similar beliefs, and/or social-economic background. We may also disclose this as anonymised or generalised data, on a verbal or written basis, as part of general statistics within our sales or research process, to Clients where this is contractually required or the Client specifically requests such information to enable them to comply with their own employment processes.

Please note that in accordance with our statutory obligations we also have a legitimate interest to process your data and may share that data in connection with crime detection, tax collection or actual or anticipated litigation.

CLIENT DATA: We use Client information for:

• Recruitment activities;
• Marketing activities; and
• To help us to establish, exercise or defend legal claims.

Unless you have stated clearly that you do not wish us to contact you on the website AtHome Care will also market our wide range of services to you, where we believe such marketing is relevant to you and in your legitimate interests to do so. If you are not happy about this, you have the right to opt out of receiving marketing materials from us and can find out more about how to do so by contacting AtHome Care in writing either at help@athomecaregroup.co.uk. 

Again, if you are unhappy at any time with the way we use your data, then you have the right to withdraw your consent at any time. Please contact us at the following address: help@athomecaregroup.co.uk. 

Special Category Data

In addition to “diversity information” that we may need to collect, there may also be a need to collect other sensitive personal data about you, such as health-related information, religious affiliation, or details of any criminal convictions. This information is what is called ‘sensitive’ personal information, or Special Category Data, and therefore we need to obtain your explicit consent before we can use it. We’ll ask for your consent by offering you an opt-in and any information provided to us is on a completely voluntary basis, which means that you must explicitly and clearly tell us that you agree to us collecting and using this information. We will use your particularly sensitive personal information in the following ways:

• We will use information about your disability status to consider whether we need to provide appropriate adjustments during the recruitment process, for example whether adjustments need to be made to your interviewing or application process.
• We will use anonymised information (i.e. with your personal identity removed) about your race or nationality or ethnic origin, religious, philosophical or moral beliefs, or sexual orientation, or mental (neurodiversity) and physical disability to ensure meaningful equal opportunity monitoring and reporting.

We will always ask for your consent when collecting and using any Special Category Data. In addition, when we process such data, we will:

• Systematically conduct a Data Processing Impact Assessment for any processing that is likely to be high risk;
• Keep a record of our processing activities in an anonymised form that relate to Special Category Data for a period of 6 years; and
• Erase all Special Category Data after 3 months, post recruitment and; store securely with restricted access.

You may at any time request the restriction of processing of your “sensitive” personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.

Third-party marketing 

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. 

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. 

Change of purpose 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.

Internal Third Parties as set out in the Glossary. 

External Third Parties as set out in the Glossary.

Specific third parties listed in the table Purposes for which we will use your personal data above.

Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy. 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International transfers

Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK. It may also be processed by staff operating outside the EU who work for us or for one of our suppliers. If your personal data is transferred to, stored at, or otherwise processed in a country or territory outside the EU, and that country or territory has not been recognised as providing an adequate level of data protection, we will put in place additional safeguards to protect your personal data, based on standard contractual clauses.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK. 

Data security

Unfortunately, the transmission of information via the internet is not completely secure. Although we will take reasonable steps to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. We request that our third-party contractors and site service providers follow similar standards of security and confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

In some circumstances you can ask us to delete your data: see your legal rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. 

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights: 

Request access to your personal data.

Request correction of your personal data.

Request erasure of your personal data.

Object to processing of your personal data.

Request restriction of processing your personal data.

Request transfer of your personal data.

Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us at help@athomecaregroup.co.uk .  

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. 

Glossary

LAWFUL BASIS

Consent means when you freely provide a specific, informed and unambiguous indication of your wishes through a written statement or clear affirmative action, inter alia, to being contacted by our marketing teams, or being asked to participate in a market research project which would be collected on our behalf by us or our third-party recruiters.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

External Third Parties

Service providers acting as processors based in US who provide IT and system administration services.

Professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstance.

External providers such as Yoti and Wolf.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: 

If you want us to establish the data's accuracy.

Where our use of the data is unlawful, but you do not want us to erase it.

Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. 

You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it. 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

AtHome Care Terms and Conditions of Carer Registration

Please request a full copy document if the formatting of this document is not suitable for your device. 
TERMS AND CONDITIONS 
OF CARER REGISTRATION 

BACKGROUND:

 

Welcome to AtHome Care Group Ltd. The following document confirms our terms and conditions which will form the contract between us, as an introduction agency, and you, the carer (the “Terms”).

 

We want to ensure that you understand these terms and as a result can make an informed decision about registering with us. Please contact us as soon as possible if you need further clarification on any elements of the terms.  

 

These Terms shall apply to your registration on the AtHome Care carer introduction portal: www.athomecaregroup.co.uk Your registration on the Portal constitutes your agreement to these Terms. For the avoidance of doubt, you will be required to confirm your acceptance by ticking the box provided. 

 

1.     DEFINITIONS

 

1.1.   The following expressions shall have the following meanings:

 

“Agreement” means the contract between AtHome Care and the Carer for recruitment services incorporating these Terms and Conditions, as evidenced by the completion of the Registration Form, including the uploading of Background Documents on the Portal and the acceptance by AtHome Care in accordance with Clause 3.1;

 

“Application Information” means the completed Registration Form and the Background Documents;

 

“AtHome Care” means AtHome Care Group Limited incorporated and registered in England and Wales with company number 13846347 whose registered office is at 66 Gloucester Road, Bishopston, Bristol, England, BS7 8BH.

 

“Background Documents” means the documents listed in Clause ‎5.4 ;

 

“Carer” means any person introduced to the Client by AtHome Care for an Engagement providing Services to a Care Recipient. Examples of the tasks be carried out by a Carer are set out in Schedule 1. For the avoidance of doubt, the term “Carer” shall also include a Companion in this Agreement;

 

“Care Recipient” means an individual that is receiving care through the Portal and requires Services to be provided to him / her. The Client and the Care Recipient may be the same person.

 

“Client” means any family, third party, individual, partnership, agency or other organisation or entity which contracts with AtHome Care with a view to procuring the services of the Carer;

 

“Companion” means any person introduced to the Client by AtHome Care to act as a companion to a Care Recipient. Examples of the tasks be carried out by a Companion are set out in Schedule 1.

 

“Engagement” means the employment, engagement, or use of the Carer by the Client, or any third party to whom the Client has introduced the Carer, on a permanent or short-term basis under any form of contract or relevant agreement;

 

“Portal” means the AtHome carer introduction portal: www.athomecaregroupco.uk.

“Registration Form” means the form which is set out on the Portal to which these Terms and Conditions are attached requesting Registration and setting out, amongst other things, the Carer’s details, and requirements for Engagement;

“Registration” means the recruitment registration offered by AtHome Care to the Carer upon acceptance by AtHome Care of the Registration Form in accordance with these Terms and Conditions;

“Services” means the personal care services provided by the Carer on behalf of the Care Recipient;

“Terms and Conditions” means the terms and conditions as set out in this document and any subsequent variations as agreed in writing by AtHome Care and the Carer.

 

2.     GENERAL

 

These Terms and Conditions shall apply to the Agreement and shall supersede any other documentation or communication between parties.

 

3.     REGISTRATION FORM AND ATHOME CARE’S OFFER OF REGISTRATION

 

3.1.   The Agreement between AtHome Care and the Carer, incorporating these Terms and Conditions, shall only come into force when the Carer has completed their profile on the Portal, including completing the Registration Form, uploading their Background Documents to their profile through the Portal and accepting the terms of Registration as well as the AtHome Care Carer privacy policy. 

3.2.   AtHome Care’s acceptance of the Carer’s Registration shall constitute a binding obligation to the Carer to use reasonable endeavours to secure Engagement through the Portal with a Client for the Carer, always subject to the Terms and Conditions below. 

 

4.     ATHOME CARE’S OBLIGATIONS 

4.1.   AtHome Care operates the Portal which is a recruitment website enabling Clients to access details of potential carers looking for an Engagement. AtHome Care shall supply information for clients to set up their own care provider directly with a carer. The Carer acknowledges that their daily instructions will come from the Client and any correspondence with regard to interviews, trial periods or Engagements will be conducted directly between the Client and the Carer.

4.2.   This Agreement does not give rise to a contract of employment between AtHome Care and the Carer, nor shall it constitute a partnership or joint venture. AtHome Care shall have no responsibility for the supervision or control of the Carer before, during or after the Engagement. 

4.3.   AtHome Care will not charge a fee to the Carer for acting upon its behalf to secure, or attempt to secure, an Engagement. 

4.4.   AtHome Care reserves the right in its discretion without notice to edit the text or layout of any profile or other Application Information uploaded to the Portal to ensure it complies with these terms and conditions.

4.5.   AtHome Care does not guarantee that any profile or other Application Information will generate any particular level of suitable enquiries or even any Engagements. The Carer is under no obligation to accept any Engagements to which they have been offered by Clients using the Portal.

4.6.   AtHome Care shall take all reasonable steps to ensure Clients are professional and courteous but cannot be held responsible for the conduct of any third parties. Should the Carer have a complaint against a Client, the Carer shall contact AtHome Care on complaints@athomecaregroup.co.uk.

4.7.   AtHome Care will use its reasonable endeavours to ensure that the Carer is correctly engaged, either with an employment contract or an assignment contract depending on the means of Engagement. The Carer acknowledges that the legal obligation however lies with the Client and not AtHome Care.

4.8.   AtHome Care reserves the right without notice to reject, suspend, alter, remove or delete any Application Information from a Carer or to disclose to the police or other relevant authorities or to a complainant any Application Information or behaviour if it is the subject of complaint or where AtHome Care has reason to believe that it breaches these terms and conditions, or that such steps are necessary to protect AtHome Care or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or if AtHome Care considers that Application Information does not meet our quality standards. If so, the Carer must not attempt to re-publish or re-send the relevant Application Information.

4.9.   AtHome Care reserves the right to remove any Application Information from the Portal (i) that is more than six months old; (ii)that has not been updated within the past six months, (iii) in the event that a Carer has not accepted an Engagement during any period of 6 months and (iv) in the event that the Carer receives consistently poor reviews over a period of six months.

 

5.     CARER OBLIGATIONS

5.1.   The Carer should not engage in any conduct which is detrimental to the interests of AtHome Care, would negatively affect AtHome Care’s relationship with the Client or is likely to bring AtHome Care into disrepute.

5.2.   It is the Carer’s responsibility to decide which Application Information to upload to their profile (subject to these terms and conditions). AtHome Care does not accept responsibility if the Application Information uploaded by the Carer is misused by others as this is outside AtHome Care’s reasonable control.

5.3.   The Carer warrants that he/ she is over 18 years of age with at least 6 months professional experience working as a carer, preferably in a regulated setting (except with regards to Companions). They are eligible to work in the UK, have a criminal record check (DBS) preferably on the update service and checkable references. 

5.4.   The Carer shall be asked to complete an ID check and supply proof of address on their portal which will be available to clients to access. Registration, may include requests for but not be limited to the following documents:

a)     CV showing evidence of previous care work (acknowledging that a Companion may not have experience as a carer nor have worked in a regulated setting)

b)      Enhanced DBS (on the update service) / PVG check

c)     Evidence of Covid-19 Vaccination status

d)     ID (Passport or Driving Licence)

e)     Driving licence (if available)

f)      If not British, proof of Settled or Pre-Settled status, including share code.

g)     Proof of address (utility bill issued within the last 3 months (mobile phone not accepted), council tax statement, or bank statement)

h)     Certificate(s) of Qualification(s)

i)      Proof of public liability insurance (if available) or self-employed carers insurance

j)      If self-employed, evidence of self-employment including UTR number.

k)     Minimum of two written references with full details and permission for AtHome Care and the client to contact them verbally: and

l)      Photo and video

5.5.   The Carer confirms that all Application Information provided to AtHome Care via the Portal is true and accurate in all material aspects and that any documentation provided as evidence to the Portal are originals or certified copies of the original documentation. It is the Carer’s responsibility to ensure all Application Information on their profile on the Portal is up to date and valid. AtHome Care may contact the Carer, or procure that the Carer is contacted, by any client who may engage them for care via an online video call within five business days of registration to verify all Background Documents. 

5.6.   In the event that the Carer receives any convictions or charges marked on their DBS they must inform AtHome Care in writing and update their profile and inform any clients in writing that they are currently working with within 48 hrs. The Carer is responsible for ensuring they have an up-to-date DBS for each Engagement. 

5.7.   The Carer consents to the disclosure of all relevant Application Information (which is reasonably required to progress any application) including but not limited to copies of qualifications, authorisations and/or references, by AtHome Care through the Portal to the Client. 

5.8.   The Carer must confirm on the Portal that, with regards any written references provided, the referees have agreed to be contacted by AtHome Care to have their reference verified verbally.

5.9.   By registering on the Portal, the Carer authorises AtHome Care to carry out certain background checks and intermittent audits, including checks of their DBS on the update service from time to time. AtHome Care reserves the right to use a third party to scan the Carer’s personal information on an ongoing basis against a variety of sources which may include amongst others; sex offender registries, social media, criminal registries and other legally available databases and resources. AtHome Care has no obligation to perform such checks and shall have no liability associated with the results of such checks nor for ensuring your DBS remains clear.

5.10.In the event of being asked to attend an interview with a Client or Clients, the Carer shall attend at least one interview with a Client (online or in person) as soon as reasonably possible with satisfactory evidence of their identity as well as all Background Documents.

5.11.Although AtHome Care will endeavour to introduce the Carer to Clients and Care Recipient as well suited as possible, the decision about whether to accept an Engagement is entirely the Carer’s responsibility and the Carer acknowledges that AtHome Care does not offer any warranty as to the suitability of the job or the character of the Client or the Care Recipient. The Carer acknowledges that any interaction with a Client and / or Care Recipient is undertaken entirely at the Carer’s risk. It is the Carer’s responsibility to carry out careful and detailed investigations before dealing with Clients who use the Portal including use of or reliance on any information they may share with the Carer. The Carer should not assume that any information provided by a Client is accurate and be aware that a person may not be who he or she claims to be.

5.12.If the Carer is no longer available to accept any Engagements and / or no longer wishes to be on the Portal, the Carer must de-activate their profile on the Portal. In the event that the Carer wishes to temporarily suspend their profile on the Portal, the Carer shall inform AtHome Care in writing and AtHome Care will temporarily hide the Carer’s profile. If the Carer fails to update their profile or inform AtHome Care after six months, AtHome Care will delete the Carer’s profile. 

5.13.The Carer must not pass on any details, including the phone numbers or email addresses, of any Client and / or related family or friends she/ he has met through the Portal to any carer or indeed any third party at all.

5.14.By registering on the Portal, the Carer agrees that they shall: 

a.     Treat all Clients and Care Recipients with respect, dignity and compassion at all times placing the Care recipient’s needs first as far as possible.

b.     Always act with honesty and integrity. 

c.      Always act in the best interests of the Client and Care recipient and maintain their privacy, rights, health, and wellbeing. 

d.     Be reliable, dependable, and trustworthy. 

e.     Be presentable and always behave in a professional manner and agree to keep all information provided confidential. 

f.      Establish and maintain clear professional boundaries in relationships with clients and other professionals. 

g.     Be accountable by making sure they carry out only tasks in which they are competent, be able to justify their actions, and recognise their strengths and weaknesses. 

h.     Be prepared to ask for guidance if they feel they are unable to adequately perform their role. 

i.       Not to take advantage of the Client or the Care Recipient or accept loans, gifts or benefits from Clients or Care Recipients which may be seen to compromise the position of a companion or carer. 

j.       Report any errors or omissions made themselves or by colleagues that may compromise the safety of the Care Recipient 

k.      Promote a Care Recipient’s independence and ability and to use all available resources to assist Care Recipients to exercise their rights and make choices. 

l.       Obtain valid consent before providing care and agree to respect the right of a person to refuse healthcare if they have the capacity to do so. 

m.    Communicate openly and effectively and document all communication made via written notes and reports. 

n.     Never abuse, neglect, harm or exploit those for whom they are providing support/ care. 

o.     Respect the individuality, diversity and equality of all Clients and Care Recipients and to promote equal and fair treatment. 

5.15.The Carer represents and warrants that they and each member of his /her 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 (ii) he she has  /not nor has ever been on the sex offenders register or other similar list.

5.16.In the event that the Carer is unable to provide the Services to the Client for any reason, the Carer may appoint a suitably qualified substitute to perform the Services on their behalf, provided that the substitute shall be required to enter into direct undertakings with the Client, including with regard to confidentiality. As far as possible, the Carer should appoint a substitute from the Portal. It is the Carer’s responsibility to ensure that any proposed substitute possesses the necessary skills and qualifications for the satisfactory completion of the Services. The Carer will remain liable for the Services completed by substitute personnel and will bear any costs.

5.17.The Carer shall comply with the following policies prescribed by AtHome Care:

a.     Data protection and confidentiality policy

b.     Complaints policy

c.      Safeguarding policy

d.     Medication policy; and 

e.     Lone working policy.

5.18.In the event that the Carer is asked by the Client to work under any arrangement which does not involve AtHome Care, the Carer shall inform AtHome Care as soon as possible of such arrangement. The Carer shall indemnify AtHome Care in relation to any losses that AtHome Care might incur as a result of the Carer breaching this undertaking. 

6.     PAYMENT

6.1.   The Carer shall submit their fees as agreed with the Client under each Engagement to the Portal each week together with details of any additional hours / days worked and / or any costs or expenses incurred in providing their Services to the Care Recipient. 

6.2.   Once the Carer has confirmed their fees and costs on the Portal, AtHome Care shall procure that the Portal shall generate an invoice which is directly sent to the Client. Upon payment of such invoice by the Client, AtHome Care shall procure that the Carer is paid within 48 hours subject to the banking system. AtHome Care is not responsible for the payment of fees for the Carer’s provision of Services to the Client and shall act as a facilitator between the Carer and the Client. AtHome Care cannot get involved with disputed funds or be held liable for unpaid funds by the Client to the Carer.

7.     TERMINATION

 

7.1.   The Agreement shall continue until AtHome Care services have been provided in accordance with the terms of the Registration Form or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.

 

7.2.   AtHome Care may terminate this Registration without notice at any time and for any reason at AtHome Care’s sole discretion. In particular, in the event that a Carer passes details of any Client to anyone other than their own referees for the purpose of enabling a reference check, and such action results in that Client engaging a carer elsewhere, the Carer shall be liable for the fees that would have been payable to AtHome Care by such Client. 

 

7.3.   The Carer shall be entitled to terminate the Registration at any point by giving notice in writing to AtHome Care or if AtHome Care fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 4 weeks after notification of non-compliance is given.

 

7.4.   Either party may terminate the Agreement by notice in writing to the other if the other party commits a material breach of these Terms and Conditions which cannot be remedied or, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so.

 

7.5.   Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

 

 

8.     LIMITATION OF LIABILITY

 

8.1.   Subject to Clause 8.2, a party (the “First Party”) shall not be liable for any losses (direct or indirect) incurred by the other party (whether or not due to the failure of the First Party to comply with this Agreement) as a result of using the Portal or the introduction of Clients except for those losses which can reasonably be foreseen by the First Party would result from its failure to comply with this Agreement provided that any such liability of AtHome Care shall be limited to the sum insured under the professional indemnity insurance policy held by AtHome Care in the insurance year in which the Carer’s claim is first notified.

 

8.2.   This Clause 8 does not exclude or limit in any way AtHome Care’s liability for:

 

a.     death or personal injury caused by the negligence of AtHome Care; or

 

b.     fraud or fraudulent misregistration; or

 

c.      any other matter for which it would be illegal or unlawful for AtHome Care to exclude or attempt to exclude AtHome Care’s liability.

 

8          FORCE MAJEURE

 

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

 

9          SEVERANCE

 

            If any term or provision of these Terms and Conditions 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 hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

10         WAIVER

 

            The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

 

11        NOTICES

 

Any notice to be given by either party to the other may be served by email, in person or by post to the address of the other party given in the Registration Form or such other address as such party may from time to time have communicated to the other in writing. 

 

 

 

12        GOVERNING LAW

 

These Terms and Conditions, and any non-contractual obligations arising therefrom, shall be governed by, and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

 

Schedule 1

Comparison of Carer and Companion Tasks

Carers​	Companions​
Companionship and conversation​	Companionship and conversation​
Help with Light house-keeping​	Help with Light house-keeping​
Preparing and cooking meals​	Preparing and cooking meals​
Preparing drinks and snacks​	Preparing drinks and snacks​
Escorting to clubs and activities and running errands​	Escorting to clubs and activities and running errands​
Light Gardening​	Light Gardening​
Pick up prescriptions or groceries​	Pick up prescriptions or groceries​
Support to  care for pets​	Support to  care for pets​
Holiday Companionship / Help with Travel​	Holiday Companionship / Help with Travel​
Hospital discharge care​	-​
Aiding Lifting and turning of people with the use of lifting equipment such as hoists.	-​
Helping with personal care needs such as showering, bathing and dressing​	-​
Reporting any changes in the person’s condition​	-​

 

Achieving the person’s maximum level of independence​	-​
Support with prompting medication  managing a variety of  conditions​	-​
Care for people with a Physical Disability​	-​
Care for people with Dementia / Parkinson / Neurological issues​	-​
Respite Care / Temporary care	-​
For Clients that need close supervision​	-​
End of Life Care​	-​
Support with toileting and maintaining hygiene

 

 

 

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AtHome Care Terms and Conditions of Client Registration

Please request a full copy document if the formatting of this document is not suitable for your device

TERMS AND CONDITIONS OF CLIENT REGISTRATION

 

BACKGROUND:

Welcome to AtHome Care Group Ltd. The following document confirms our terms and conditions which will form the contract between us, as an introduction agency, and you, the client (the “Terms”).

 

We want to ensure that you understand these terms and as a result can make an informed decision about engaging our services. Please contact us as soon as possible if you need further clarification on any elements of the terms.

 

These Terms shall apply to the provision of Services by AtHome Care to the Client through the carer introduction portal: www.athomecaregroup.co.uk The submission by you of a Role/Vacancy/Advertisement on the Portal constitutes your agreement to these Terms. For the avoidance of doubt, the Client will be required to confirm their acceptance by ticking the box provided.

 

Definitions and Interpretation

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

 

“AtHome Care”	AtHome Care Group Ltd incorporated and registered in England and Wales with company number 13846347 whose registered office is at 66 Gloucester Road, Bishopston, Bristol, England, BS7 8BH.
“Carer”	means any person introduced to the Client by AtHome Care to provide personal care services to a Care Recipient. Examples of the tasks to be carried out by a Carer are set out in Schedule 1. In this agreement, the term “Carer” shall include a Companion.
“Care Recipient”	means an individual that is receiving care through the Portal and requires Services to be provided to him / her. The Client and the Care Recipient may be the same person.
“Client”	means any person, firm or company including any associates or subsidiaries who submits a Role/Vacancy /Advertisement.
“Companion”	means any person introduced to the Client by AtHome Care to act as a companion to a Care Recipient. Examples of the tasks be carried out by a Companion are set out in Schedule 1.
“Confidential Information”	means any information concerning either Party or its business. In the case of AtHome Care, Confidential information shall include the identity and all other information concerning Carers.
“Engagement”	means the employment, engagement, or use of the Carer by the Client, or any third party to whom the Client has introduced the Carer, on a long-term or short-term basis under any form of contract or relevant agreement.
“Introduction”	an introduction will be deemed to have taken place where AtHome Care has provided a Client with any information concerning a Carer.
“Portal”	means the carer introduction portal accessed via: www.athomecaregroup.co.uk.
“Role Vacancy Advertisement”	means a role vacancy description completed by the Client and submitted on the Portal for a role in respect of the provision of care, either live-in or live-out, within a home setting.
“Services”	means the introduction service whereby a Client is introduced to one or more Carers through the Portal to work for the Client as a Carer in accordance with this Contract.
“Service Fee”	Means the fee payable per Engagement of time that the Carer is Engaged by the Client in accordance with Clause ‎7.

 

The Contract

These Terms plus the information set out in the relevant Role Vacancy Advertisement contain the entire agreement between the parties (the “Contract”) and unless otherwise agreed in writing by AtHome Care, these terms prevail over any other terms of business or purchase conditions (or similar) put forward by the Client.

No variation or alteration to the Contract shall be valid unless the details of such variation are agreed between AtHome Care and the Client and are set out in writing and a copy of the varied Contract is given to the Client stating the date on or after which such varied Contract shall apply.

In the event that any part(s) of these Terms or part thereof is declared to be invalid, unlawful, void, or unenforceable then such terms or parts shall be severed, and the remaining Terms shall continue to be valid and enforceable to the fullest extent of the law.

Vacancies and Advertisements

AtHome Care shall have the right to decline, cancel or otherwise remove any Role Vacancy Advertisement provided by the Client to AtHome Care at any time, for any reason and without giving prior notice to the Client.

If any Role Vacancy Advertisement appears to demonstrate that the Client intends to discriminate on the grounds of gender, sexual orientation, race, religion, or age, it will be declined unless the vacancy is exempted from the provisions of the Sex Discrimination Act 1975; the Employment Equality (Sexual Orientation) Regulations 2003; the Race Relations Act 1976; the Employment Equality (Religion and Belief) Regulations 2003; or the Employment Equality (Age) Regulations 2006.  In the case of any applicable exemptions, the Role/Vacancy/Advertisement must be accompanied by a written statement explaining those exemptions and how they apply to the vacancy.

If, in the opinion of AtHome Care, any Role/Vacancy/Advertisement indicates any illegal purposes on the part of the Client, AtHome Care may, without notice, report the vacancy and the Client to the relevant authorities.  Such authorities may include, but are not limited to, the Department for Work and Pensions, ACAS, the Information Commissioner’s Office, and the Recruitment and Employment Confederation.

Role/Vacancy/Advertisements shall remain open and viewable on the Portal by prospective Carers for a period of up to eight weeks or otherwise as agreed between AtHome Care and the Client. The Client is responsible for keeping the Role Vacancy Advertisements up to date and to remove it should the role be filled or is no longer required. AtHome Care reserves the right to remove the Role Vacancy Advertisement to ensure the Portal is kept up to date.

All Role Vacancy Advertisements shall contain details of no more than one single vacancy unless otherwise agreed in writing between AtHome Care and the Client.

AtHome Care reserves the right to request a Client’s credit card details in order to secure the publication of the Role Vacancy Advertisement and to verify a Client’s identification.

Cancellation of Contract

If, and only if, the Client is a consumer, then he/she may cancel this within 14 days of entering into it. Accordingly, AtHome Care is under no obligation to commence provision of the Services until after the expiry of that 14-day period.

If the Client requires AtHome Care to provide the Services sooner than 14 days after the Contract has been made, he/she must instruct AtHome Care to do so in writing or by ticking the box on the Portal, acknowledging that he/she will lose his/her right to cancel upon such instruction.

If the Client cancels this Contract pursuant to its termination right under Clause ‎4.1 (and otherwise in compliance with the requirements of this Contract (including as to the giving of notice), AtHome Care will refund any money due to the Client that the Client may have paid to AtHome Care within 14 working days.

AtHome Care’ s Obligations

AtHome Care acts as an ‘introduction agency’ who “introduces” carers and companions to its clients. This is a model approved by the Care Quality Commission (CQC) and although it falls out of the scope of their regulations, it conforms to the regulations stipulated by the Health & Social Care Act 2008.

AtHome Care shall use its reasonable endeavours to provide details of suitable and willing Carers to fill such vacancies as are notified to the Portal by the Client or to notify the Client if AtHome Care believes it is unable to assist with the Client’s requirements.

AtHome Care shall use its reasonable endeavours to ensure that all Role Vacancy Advertisements are published in a timely manner once the Client has submitted a Role Vacancy Advertisement or, where no date is agreed, within 5 business days of receiving details of the vacancy.

AtHome Care shall use its reasonable endeavours to introduce to the Client, Carers which  AtHome Care considers suitable to be engaged by the Client as required in the Role Vacancy Advertisement and perform the additional services as further set out in this Clause.

AtHome Care shall request Carers to provide the following minimum documentation:

• • • • • • CV showing experience working as a carer, preferably including six months working in a regulated setting (acknowledging that a Companion may not have experience as a carer nor have worked in a regulated setting)
          • Evidence of a PVG check or a DBS number which is clean and enhanced and registered on the update service
          • Evidence of Covid-19 Vaccination status
          • ID (Passport or Driving Licence)
          • Driving licence (if available)
          • If not British, proof of Settled or Pre-Settled status, including share code
          • Proof of address (utility bill issued within the last 3 months (mobile phone not accepted), council tax statement, or bank statement) Any Certificate(s) of Qualification(s)
          • Proof of public liability insurance or self-employed carers insurance
          • If self-employed, evidence of self-employment including UTR number
          • Minimum of two written references with full details and permission for potential clients  to contact them verbally: and
          • Photo and video

AtHome Care will endeavour to supply and match Carers to Clients via the Portal for the position(s) that the Client wishes to fill and will endeavour to verify the identity of Carers prior to introducing them to the Client. AtHome accepts no liability in the event that the Carer Engaged by the Client is found to be unsuitable or has been dishonest with respect to their identity, experience and / or qualifications.

At the same time as proposing a Carer to the Client, AtHome Care will inform the Client of such matters as detailed in sub-Clause 5.5 that AtHome Care has obtained confirmation of.

AtHome Care will endeavour to take all reasonable steps to ensure that Clients and Carers are aware of any requirements imposed by law or any professional body on the vacancy / vacancies that the Client seeks to fill.

AtHome Care cannot guarantee to find a suitable Carer for each vacancy and gives no warranties as to the suitability of any Carer.  The decision to recruit a Carer is the Client’s responsibility and AtHome Care cannot guarantee the veracity of any information provided by a Carer.

The Client’s Obligations

The Client shall provide to AtHome Care all information which is reasonably required for AtHome Care to provide the Services.  The Client shall use its reasonable endeavours to ensure that such information is complete, accurate and up to date.

The Client shall ensure that all information provided to AtHome Care does not contain any material which could be regarded as offensive, indecent, obscene, illegal, dishonest, untruthful, defamatory, or discriminatory.

The Client shall ensure that all information provided to AtHome Care does not contain any material which infringes the rights of any third parties (including, but not limited to, intellectual property rights).

The Client must provide AtHome Care with details of the vacancies that the Client wishes to fill, which must include the type of work required, the date of commencement, the duration, the hours, rates of pay and location as well as the training, qualifications and other authorisations required by law and the Client.

The Client must inform AtHome Care of any Health and Safety risks or requirements of the vacancies the Client wishes to fill, as well as the action taken by the Client to minimise and control such risks.

The Client acknowledges that AtHome Care is under no obligation to provide the Services until all required information has been provided by the Client in accordance with sub-Clause 6.1.

It shall be the sole responsibility of the Client to ensure that Carers are suitable for the relevant vacancies and to obtain any references required. AtHome Care requires that the Client carries out its own assessment of a Carer’s suitability before Engaging with them by:

• • • • • Meeting the Carer online;
        • Verifying a Carer’s identity via photographic ID via video before the Carer commences their Engagement
        • Requesting proof of experience, training, qualifications, authorisations, and suitability for the position; and
        • Following up on references

It shall be the sole responsibility of the Client to obtain any required permits (including, but not limited to, work permits) and to ensure that a Carer’s clean, Enhanced DBS check is up to date. The Client shall be responsible for checking the update service throughout an Engagement to ensure this remains clean.

It shall be the sole responsibility of the Client to arrange for any required medical examinations or investigations.

Notwithstanding sub-Clause 5.5 above the Client must satisfy itself as to the suitability of a Carer for any vacancy, and the Client must be responsible for taking up references and checking the validity of qualifications.

The Client is responsible for payment of remuneration to the Carer and shall ensure a suitable contract is entered into with respect to the Engagement of the Carer.

AtHome Fees and Payment

AtHome Care charges a fee based on a percentage of the Carer’s fee agreed for each Engagement in consideration for the provision of its Services (the “Service Fee”) as set out in the pricing schedule. This Service Fee is charged in addition to the amounts payable to the Carer and is consideration for

The time and cost required to identify and carefully select potential Carers based on the information provided by the Client;

Collecting, as far as possible, the necessary documentation as set out in clause ‎5.5 to enable the Client to determine whether a Carer is suitable;

Access and ongoing use of the Portal;

Provision of recommended pay rates and guidance on agreeing the terms of an assignment with a carer or companion;

Provision of a template carer agreement for your reference;

Access to a payment function on our portal for the Client to pay the Carer; and

Responding to general queries or concerns and providing new introductions as required.

Once a Client has Engaged a Carer to work for the Care Recipient, AtHome Care shall use reasonable endeavours to procure that the Carer shall on a weekly basis confirm the agreed time spent on providing the Services for each Engagement together with any additional hours worked, costs or expenses incurred on the Portal. Upon confirmation of such time worked and expenses incurred, AtHome Care shall procure that the Portal shall generate between 2-3 invoices, depending on whether any additional hours and costs have been incurred, consisting of:

• • • • • • An invoice for the Carer’s agreed fees for the Engagement;
          • An invoice for the Services Fee; and
          • If applicable, an invoice for any additional hours and / or costs and expenses incurred by the Carer in providing the Services.

AtHome Care shall procure that the Portal shall send the invoices directly to the Client. It is the Client’s responsibility to pay such invoices promptly in accordance with this Clause ‎7.

The Service Fee is payable in respect of any work carried out by a Carer represented on the Portal or introduced in any way via AtHome Care (or any introduction provided by Athome Care) to the client/service user for the entirety of such Carer’s Engagement. For the avoidance of doubt, if in the event that an Engagement ends but the Client engages the Carer under a separate agreement without the involvement of AtHome Care or the use of the Portal, the Client will be liable to pay the greater amount of

• • • • • £5000 plus applicable taxes ; or
        • 20% of the amount the Carer would have earnt during a 12-month period based on timesheets submitted to the Portal to date.

• The Client agrees to notify AtHome Care should it enter into any agreement in relation to the services of the Carer and shall indemnify AtHome Care in relation to any losses suffered by reason of a breach of such agreement.

The Client is responsible for paying the Carer for their Services through the Portal. Upon receipt of fees in settlement of the invoice set out in Clause 7.2‎(i), AtHome Care shall facilitate the payment to the Carer on the Client’s behalf but only after receipt of cleared funds through the Portal. Please refer to Clause 8 below.

All invoices must be settled within seven days through the Portal directly by BACs, via AtHome Care’s payment partner Stripe, credit, or debit card. If the Client chooses to pay via Stripe, AtHome Care reserves the right to charge the Client with any banking fees incurred. AtHome Care does not accept cheques or cash payments to settle the Service Fee. There are no refunds or rebates payable in respect of the Fees.

Any amount paid by the Client before the relevant due date in respect of any invoice relating to an Engagement shall be held, once received by AtHome Care, on trust for the Client pending transfer to the Carer by AtHome Care and the Client hereby authorises AtHome Care to make such transfer once the invoice becomes due and payable.

In the event of late payment, AtHome Care reserves the right to

notify the Client of the sums outstanding and confirm that payment is due within 7 days of notice, or this agreement may be terminated;

charge reasonable interest on overdue accounts at a rate of 3% above the base rate from time to time of the Natwest Bank plc;

refuse to provide new introductions, until payment has been made in full;

cancel this agreement; and

engage a third party and/or commence legal action to recover outstanding fees.

Carer Fees and Payment

The Client confirms that the Carer will be engaged and work directly for the Client. The Client shall be responsible for paying the Carer’s fees through the payment function on the Portal. The Client shall also be responsible for paying the Carer’s costs, including travel costs, food and drink and costs incurred in the provision of the Carer’s services to the Care Recipient, in accordance with the agreement between them. The Client shall pay the Carer in accordance with the invoice provided by AtHome Care via the Portal to the Client within 48 hours of receipt of invoice setting out the costs agreed under the Engagement with the Carer.

AtHome care shall bear no responsibility for any losses suffered by the Client as a result of entering into an Engagement with the Carer. In particular, it is not liable for any income tax, National Insurance and social security contributions deemed payable by the Client and any other liability, deduction, contribution, assessment, or claim arising from or made in connection with the employment status of the Carer. AtHome Care cannot get involved with disputed funds or be held liable for unpaid funds by the Client to the Carer.

Agencies

If a Client is an agency acting in the course of its business, it is not permitted for such Client to pass itself off as a private seller. The Consumer Protection from Unfair Trading Practices Regulations 2008 requires all searches placed by people who seek to sell goods in the course of business to make the fact clear. This requirement applies whether the searcher is acting on his own behalf, or for some other person. Carers should be able to tell whether a search relates to an agency or a private family. It is the responsibility of the searcher to comply with the Regulations. If the Client is an agency acting in the course of its business, it is an offence, for which it may be prosecuted, not to advertise the fact that it is an Agency.

AtHome Care may, in its sole discretion, stop any search that has been placed as private search which it reasonably believes has been placed by an agency acting in the course of a business. In such circumstances, no fees will be entitled to be refunded and AtHome Care may charge an administration fee. The administration fee in such circumstances is £250 per search.

Cancellation

The Client shall inform AtHome Care immediately if it has agreed with the Carer to amend, extend, or cancel the Engagement. The Client must also inform AtHome Care if it wishes to amend or vary the services required by the Carer through the Portal.

The Client shall inform AtHome Care as soon as possible and, in any event within 48 hours of the termination of an Engagement or if the Engagement does not start.

If the Client cancels a live-in care Engagement with a Carer with less than seven days’ notice prior to the anticipated start of the Engagement or during the Engagement, it shall pay the Carer the total of

• • • • • the equivalent of what the Carer would have received in fees for seven days of work; and
        • any fees or expenses that the Client had agreed with the Carer including reimbursing any travel expenses that may have been incurred in advance of the Client’s notice to cancel.

If the Client cancels an hourly/daily assignment during or prior to commencement with less than 48 hours’ notice prior to the anticipated start of the Engagement, it will pay the Carer for any work agreed for up to 48 hours.

In the event a Carer cancels an Engagement with a Carer, the Client will continue to have access to the Portal in order that all the information regarding previous care delivered is maintained. AtHome Care cannot guarantee that a suitable replacement will be available within the required timescales and that the replacement Carer will agree to the same terms and conditions as the previous Carer.

Should either party wish to terminate this agreement, the relevant party shall provide seven days’ notice in writing, acknowledging that clauses 7.4, 11, 12 and 14 shall survive termination of this agreement.

Notwithstanding any cancellation, AtHome Care shall still be entitled to receive any Services Fee that would have been payable by the Client.

Should Engagements be cancelled on a regular basis, AtHome reserves the right to cancel this agreement with the Client.

Confidentiality

Each Party undertakes that, except as provided by sub-Clause 9.2 or as authorised in writing by the other Party, it shall, at all times:

keep confidential all Confidential Information;

not disclose any Confidential Information to any other party;

not use any Confidential Information for any purpose other than as contemplated by and subject to this Contract;

not make any copies of record in any way or part with possession of any Confidential Information; and

ensure that none of its directors, officers, employees, agents, or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 8.1.1 to 8.1.4 above.

Either Party may:

disclose any Confidential Information to:

any sub-contractor or supplier of that Party;

any governmental or other authority or regulatory body; or

any employee or officer of that Party or of any of the aforementioned persons;

to such extent only as is necessary for the purposes contemplated by this Contract, or as required by law, and in each case subject to that Party first informing the person in question that the Confidential Information is confidential and (except where the disclosure is to any such body as is mentioned in sub-Clause 8.2.1.2 above or any authorised employee or officer of any such body) obtaining and submitting to the other Party a written undertaking from the person in question, as nearly as practicable in the terms of this Clause, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and

use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is, or has become, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.

It is noted that all information concerning Carers is Confidential Information of AtHome Care. In the event that the Client discloses, in breach of the above provisions of confidentiality, Confidential Information to a third party concerning a Carer which results in that Carer being employed by any third party, AtHome Care and the Client agree that the fees set out in Clause ‎7.3 are a reasonable pre-estimate of the loss which AtHome Care will suffer as a result of such breach, and Client shall be liable to pay an amount such fees to AtHome Care upon written demand by AtHome Care.

The provisions of this Clause 8 shall continue in force in accordance with their terms, notwithstanding the termination of this Contract for any reason.

Data Protection

In this Clause 9:

“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended;

• and

“personal data” means personal data as defined in the Data Protection Legislation.

The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller, and AtHome Care is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).

AtHome Care shall, in relation to any Personal Data (as defined in the Data Protection Legislation) processed in connection with the performance by AtHome Care of its obligations under this agreement:

process that Personal Data only on the written instructions of the Client for the purposes of carrying out a carer search or other private staffing search in accordance with the terms of this agreement unless the Agent is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Agent to process Personal Data (Applicable Laws). Where the Agent is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Agent shall promptly notify the Client of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Agent from so notifying the Client;

ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;

assist the Client in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

notify the Client without undue delay on becoming aware of a Personal Data breach;

at the written direction of the Client, delete or return Personal Data and copies thereof to the Client on termination of the agreement unless required by Applicable Law to store the Personal Data; and

maintain complete and accurate records and information to demonstrate its compliance with this clause.

Liability

With the exception of death or personal injury AtHome Care shall not be liable or responsible for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by the Client as a result of the Introduction of a Carer to the Client by AtHome Care, the Engagement of a Client Introduced by AtHome Care, or the failure of AtHome Care to Introduce any Carer to the Client.

Particulars of Carers, their profiles and other information provided by AtHome Care are prepared in good faith and solely for the Client’s guidance. Subject always to Clause ‎14.1, no liability, howsoever arising, shall be accepted by AtHome Care for the accuracy or completeness of any Applicant’s profile.

AtHome Care will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may affect the Portal, the Client’s search and/ or may infect the Client’s computer equipment, computer programs, data or other proprietary material due to the Client’s use of the Portal or the Client downloading of any material posted on it or on any website linked to it.

AtHome Care cannot guarantee that by starting a search on the Portal the Client will fill the position in question, and AtHome Care do not commit to finding a successful solution for the Client.

Any decision as to the suitability of a Carer and the decision to engage a Carer is at the sole discretion of the Client. AtHome Care will take all reasonable steps to provide details of Carers to the Client who are of sound character, honest and reliable but cannot be held responsible for the conduct of a Carer either before or after Engagement. AtHome Care accepts no liability for any loss or damage arising from any negligence, misconduct, dishonesty, conduct or lack of skill on the part of the Carer.

Particulars of Carers, their summary profiles and other information provided by AtHome Care on the Portal are prepared in good faith and solely for the Client’s guidance.

Indemnity

Except in the case of fraud, or death or personal injury, or as otherwise cannot be excluded by law, the maximum limit of the liability of AtHome Care to the Client, whether in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed the sum actually recovered by AtHome Care under the professional indemnity insurance policy held by AtHome Care in the insurance year in which the Client’s claim is first notified.

The Client agrees to indemnify AtHome Care against all costs, claims and expense arising directly or indirectly from:

Its breach of this Contract;

any act, neglect, or default by it in connection with this Contract.

Notices

All notices which are required to be given in accordance with this Contract shall  be delivered through the Portal.  AtHome reserve the right in certain circumstances to deliver notices personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing or by email. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or through the Portal, when that email or communication is sent.

Force Majeure

Neither Party to this Contract shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited to power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

Law and Jurisdiction

This Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute, controversy, proceedings or claim between the Parties relating to this Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

 

• Schedule 1
• Comparison of Carer and Companion Tasks
•  

Carers​	Companions​
Companionship and conversation​	Companionship and conversation​
Help with Light house-keeping​	Help with Light house-keeping​
Preparing and cooking meals​	Preparing and cooking meals​
Preparing drinks and snacks​	Preparing drinks and snacks​
Escorting to clubs and activities and running errands​	Escorting to clubs and activities and running errands​
Light Gardening​	Light Gardening​
Pick up prescriptions or groceries​	Pick up prescriptions or groceries​
Support to  care for pets​	Support to  care for pets​
Holiday Companionship / Help with Travel​	Holiday Companionship / Help with Travel​
Hospital discharge care​	-​
Aiding Lifting and turning of people with the use of lifting equipment such as hoists.	-​
Helping with personal care needs such as showering, bathing and dressing​	-​
Reporting any changes in the person’s condition​	-​
Achieving the person’s maximum level of independence​	-​
Support with prompting medication  managing a variety of  conditions​	-​
Care for people with a Physical Disability​	-​
Care for people with Dementia / Parkinson / Neurological issues​	-​
Respite Care / Temporary care	-​
For Clients that need close supervision​	-​
End of Life Care​	-​
Support with toileting and maintaining hygiene