Terms and conditions
1. DEFINITIONS
For the purpose of this Agreement:
1.1 The Term “Senior Help” means the franchisee of Senior Help South Limited;
1.2 The term “Client” means the Client or Clients whose details appear overleaf, and the singular term shall be deemed to include the plural where applicable;
1.3 The term “Senior Help Limited” means Senior Help Limited (registered in England and Wales with company number 10755023). The franchisor which grants all franchises for Senior Help Limited businesses;
1.4 The term “Retainer” shall mean the payments stated overleaf to be made by the Client to Senior South Help’
1.5 The term “Website” means the website at www.homecaregivers.co.uk operated by Senior Help Limited, and
1.6 The term “Companion” means a Companion from the database of Companions maintained by Senior Help.
1.7 The term “Privacy Policy” means the Senior Help Limited Privacy Policy.
2. AMENDMENTS
2.1 Senior Help reserves the right to amend the terms and conditions of this Agreement and shall inform the Client of such changes by posting them to the Website, and/or sending or otherwise providing them to the Client, not less than thirty (30) days before implementation of such changes.
3. INTRODUCTION
3.1 Senior Help shall introduce a Companion to the Client subject to the terms and conditions of this Agreement, to provide the hours of work specified overleaf as may be varied from time to time by prior agreement between the Client and the Companion subject to the Client’s compliance with the minimum Retainer specified by Senior Help from time to time. Note that changes to the number of hours shall affect payment to Senior Help.
3.2 The Client shall pay Senior Help the Retainer for the introduction of the Companion and ongoing support for the duration of the Agreement.
3.3 This Agreement will be for a minimum initial period of thirteen (13) weeks as from the date of signature and shall continue thereafter on a month-to-month basis.
4. PAYMENT OF SENIOR HELP RETAINER
4.1 The Client shall sign, and return to Senior Help, the standing order/direct debit mandate authorising payment of the Retainer, as specified overleaf, to be made from the Client’s bank to Senior Help quarterly in advance. Such payments shall continue until the Agreement is terminated in accordance with Clause 9or cancelled under Clause 10.
4.2 The payment of the Retainer for the initial period is payable on signature of the Agreement. However, Senior Help shall not forward the standing order mandate for future payments to the client’s bank until after a Companion has been retained by the Client.
4.3 Any change to the hours as stated overleaf should be reported in advance to Senior Help by the Client and shall be subject to the appropriate adjustment to the amount of the Retainer.
4.4 If a Companion is retained by the Client for more hours than originally agreed, without the Client paying an additional fee to Senior Help, Senior Help reserves the right to claim the additional fee due, plus interest, for any period that the additional fee became payable but remained unpaid.
4.5 Where the payment by the Client of the Retainer or any other sum payable under this Agreement is not received by Senior Help by the due date, Senior Help reserves the right to charge the Client interest at the prevailing Bank of England Base Rate plus 2% for each day that the total amount outstanding or any part of it remains unpaid.
4.6 The failure to pay any Retainer payment for more than one month shall constitute a serious breach for the purposes of clause 9.3 and Senior Help shall accordingly be able to terminate this Agreement without prejudice to its right to charge interest on the overdue amount and/or to recover the outstanding amounts and its reasonable costs incurred in so doing.
5. CLIENT OBLIGATIONS
5.1 The Companion is introduced to the Client as a self-employed Companion and the Client shall retain the Companion under a “Contract for Services” which for the avoidance of doubt shall be a separate contractual arrangement between the Client and the Companion only. The Client shall agree directly with the Companion the terms of that contract.
5.2 The Client shall agree with the Companion directly what services are to be performed by the Companion, and such services shall form the basis of the Companion’s obligations under the Contract for Services to be entered into. The Client may change the scope and manner of the services contracted for under the terms of the Contract for Services at any time by reaching mutual agreement with the Companion.
5.3 The Client shall pay any Companion retained by the Client at the rate agreed in the Contract for Services and such fees shall be paid directly to the Companion in accordance with that agreement.
5.4 The Client shall provide a safe working environment for the Companion at all times.
6. OBLIGATIONS OF SENIOR HELP
6.1 Senior Help shall introduce a Companion to the Client in accordance with Clause 3.1.
6.2 Where the Client is unhappy with the Companion introduced by Senior Help and/or notifies Senior Help that, for whatever reason, the Companion’s services are to cease permanently. Senior Help shall:
6.2.1 endeavour to introduce a replacement Companion to the Client; and
6.2.2 issue the Client with a refund or credit for any period that the Client is without a Companion following the Client’s notification of the same, save to the extent that by agreement with the Client the replacement Companion provides additional services to compensate the Client for services not received by the Client during the period when there was no Companion retained. In such circumstances, the Agreement shall continue unaffected and all of the terms shall continue to apply.
6.3 In the event that a suitable replacement Companion cannot be found and introduced to the Client, then termination under Clause 9.1 and/or 9.2 may apply.
6.4 In performing its obligations under this Agreement Senior Help shall use its reasonable care and skill.
7. INSURANCE
7.1 The Client shall have adequate insurance cover in place against liabilities to the Companion and shall produce to Senior Help copy of the appropriate insurance policy and certificate if so requested by Senior Help. (This may be in the form of a general household insurance policy.)
8. LIABILITY
8.1 Subject to Clause 8.2 below, Senior Help shall not be liable for:
8.1.1 any loss or damage in excess of the limit of its Public Liability insurance cover or outside the scope of its cover, as described in Clause 7;
8.1.2 any losses incurred by the Client as a result of any failure of a retained Companion to comply with his or her contractual obligations under the Contract for Services for whatever reason;
8.1.3 failure of any retained Companion to return keys and any loss that may arise as a result;
8.1.4 collusion or theft of property or possessions by a retained Companion
8.2 Senior Help shall be liable to the Client:
8.2.1 where Senior Help has not fulfilled its obligations to perform with reasonable care and skill under this Agreement or has failed to perform its obligations at all or to any significant extent;
8.2.2 for death or personal injury caused by its negligence.
8.3 Nothing in this Agreement shall affect the statutory rights of the client as a consumer.
9. TERMINATION
9.1 Senior Help may terminate the agreement at any time by giving not less than one calendar months’ notice in writing to the client. In such circumstances, the balance (if any) of the retainer for the period after expiry of the notice shall be refunded to the Client. Clauses 9.5-9.7 shall continue to apply.
9.2 The Client may terminate the Agreement to take effect at any time after the initial 13 week period by giving not less than one calendar months’ notice in writing to Senior Help. In such circumstances, the balance (if any) of the Retainer for the period after expiry of the notice shall be refunded to the Client unless expiry of the notice falls within the initial period in which case the Agreement shall terminate immediately after the initial period and without refund. If for whatever reason the initial payment has not been made to Senior Help at the time the client serves notice of termination, the Client shall remain liable to make such payment to Senior Help. Clauses 9.5-9.7 shall continue to apply. (The provisions of this Clause 9.2 do not affect the rights of the Client in respect of cancellation as set out in Clause 10.)
9.3 Notwithstanding Clause 9.1, where the Client has committed a serious breach of the terms of the Agreement, Senior Help is entitled to terminate the Agreement immediately on written notice to the Client, and, where applicable, Senior Help shall take further action in connection with the said serious breach. Clauses 9.5-9.7 shall continue to apply.
9.4 Notwithstanding Clause 9.2, where Senior Help has committed a serious breach of the terms of the Agreement, the Client is entitled to terminate the Agreement immediately on written notice to Senior Help. In such circumstances, the balance of the Retainer for the remainder of the then current quarter shall be refunded to the Client. In these circumstances, the remainder of this Clause 9 shall not apply to the Client.
9.5 For a period of twelve months following termination of the agreement for any reason, the Client shall not engage, directly or indirectly, as an employee, contractor, agent or otherwise any Companion who has been introduced by Senior Help to the client. If the Client does so engage a Companion in contravention of this Clause, then Senior Help shall institute proceedings against the Client to recover damages and costs.
9.6 Where the Client cancels the standing order/direct debit mandate without giving one calendar months’ notice to Senior Help in writing, Senior Help reserves the right to charge the client for any reasonable expenses incurred in respect of that cancellation in addition to any outstanding fee that remains due and payable plus interest.
9.7 It is the responsibility of the Client to ensure that the standing order mandate paying the Retainer to Senior Help is cancelled by the Client’s bank upon termination of the Agreement. Payments received for any period after the Agreement has terminated shall incur an administration charge of up to a maximum of £25, the actual amount to be the costs and expenses incurred by Senior Help in returning any such payment.
10. CANCELLATION
10.1 IMPORTANT NOTICE: Please refer to the Notice of the Right to Cancel which forms part of this Agreement. The following provisions of this Clause are in addition to, and shall not affect, the statutory rights of the Client as a consumer.
10.2 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 the Client has a right to cancel the contract within 14 days starting after the date the contract is entered into. The Client may but is not obliged to give the cancellation in accordance with the attached Notice of the Right to Cancel. Senior Help shall not be obliged to provide the services until the expiry of the 14 day cancellation period.
If the Client has requested in writing that Senior Help provide services prior to the expiry of the 14 day cancellation period Senior Help shall be entitled to charge (or deduct from any retailer payment) a sum of £50 or any advance retainer set out in the contract (whichever is the greater) and the Client shall lose their right to cancel within 14 days.
If the Client has not made any payment under the contract any charges pursuant to this clause shall be due and payable upon written request.
10.3 The provisions of Clauses 9.5 to 9.7 shall apply on cancellation of the Agreement under this Clause.
10.4 The provision of Clause 10.2 shall not apply if the Client terminates the Agreement in response to a serious breach by Senior Help.
11. GENERAL
11.1 Unless expressly stated otherwise, all representations, rights, and obligations entered into by persons named as a Client overleaf, if more than one, are given or entered into jointly and severally by each of those persons. Accordingly, Senior Help may take action against any one or more of such persons and may release or compromise the liability of any one or more of such persons without affecting the liability of the other(s).
11.2 If any provision of this Agreement shall be found to be void, invalid or unenforceable, whether, by a court of law, agreement of the parties or otherwise, the remainder of this Agreement shall remain in full force and effect notwithstanding any such invalidity, illegality or unenforceability but the provision in question shall be deleted.
11.3 The Client agrees to Senior Help passing its non-financial personal data to Senior Help Limited who may use it in accordance with the privacy policy which shall include processing for the purposes of administration or to assist Senior Help Limited in enforcing the terms of the franchise agreement with its franchisee. Such data shall not be used by Senior Help Limited for marketing purposes nor shall it be passed to any third party unless required to do so by law or in accordance with the terms of the Privacy Policy and/or franchise agreement between Senior Help Limited and its franchisee.
11.4 The client agrees to Senior Help Limited transferring personal data submitted by it to Senior Help in order for Senior Help to perform its obligations under this agreement, in accordance with the Privacy Policy.
11.5 Any notice under this Agreement shall be in writing and (with the exception of the Notice of the Right to Cancel) shall be effective on actual or deemed receipt. Notice shall be given by personal service or by first class prepaid mail or by e-mail and shall be addressed to Senior Help or to the Client, as appropriate, at one of the addressed stated overleaf. Either party may, by written notice to the other, change the address to which notices to it may be sent. Deemed receipt shall occur in the case of personal service or e-mail on delivery and in the case of the first class prepaid mail on the second working day after posting.
11.6 Senior Help reserves the right to cancel, amend, withdraw or change any promotion, special offer or other marketing offers howsoever made without any prior notice or approval to or from the Client.