Terms and Conditions
TERMS AND CONDITIONS
Please read all these terms and conditions.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean: Agreement (“Agreement”): the signed agreement between us and you for the provision of the Services, comprised of these Terms, and any variations agreed in accordance with clause 2. 2.7; Carer/Care Giver/Support Worker/ Domestic Helper: any of our employees who provides the Services to you. A reference to “her” or “she” in relation to the Carer shall be read as “his”, “him” or “he”, where appropriate;
When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
Data Protection Legislation: (i) the Data Protection Act 1998 (up to and including 24 May 2018) and the General Data Protection Regulation ((EU) 2016/679, “GDPR”) (on and from 25 May 2018) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK, unless and until the GDPR is no longer directly applicable in the UK, and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998;
Event Outside Our Control: means any act or event beyond our reasonable control; Rate: the rate for the provision of the Services, as set out in the rate card Agreement;
Hours: the hours during the week when we provide the Services to you
Rate card: a schedule of the rates for the provision of Services, which are current at the time of providing the Services, and which may be revised from time to time;
Representative: a person who signs the Agreement on your behalf, either at your request, as your agent, or under a power of attorney; See interpretation 2.1 In the event that a Representative has signed the Agreement on your behalf, references to “you”/ “your” in that agreement will include a reference to that Representative where the context requires.
Services: Any Services that are that we are providing to you as set out in the Agreement;
Terms: The Terms and Conditions set out in this document; These Terms and Conditions will apply to the purchase of the services by you.
Us, we and our: We are YOU-CAS Ltd a company registered in England and Wales under number 8071841 whose registered office is at 32 Talbot Avenue, Bournemouth, BH3 7AN with email addresses firstname.lastname@example.org & telephone number (01202 247270) or email@example.com & telephone number (01202 247271)
If you have a question regarding any services provided to you please contact us on 01202 247270 and if it is regarding invoicing then call 01202 247271.
2.1 Representative means the person entering into a Contract with YOU-CAS Ltd for the supply of a service and the person responsible for payment.
2.2 Client means the person who needs and will be in receipt of the support services provided. Very often the Representative and Client are the same person.
2.3 Contract means the legally binding agreement between you and us for the supply of the Services;
2.4 Delivery Location means the place where the service is provided, normally the client’s home address.
2.5 Order means the Representative’s order for the Services from YOU-CAS Ltd as set out in the initial assessment or in the Representative’s written acceptance of YOU-CAS Ltd quotation; refer to 2.6.
2.6 Services the services that we are providing to you as set out in the Agreement;
2.7 Carer/Support Worker/Care Giver/Domestic Helper any of our employees who provides the Services to you.
3 Our agreement with you
3.1 These are the terms and conditions on which we supply the Services to you. Please ensure that you read these Terms and conditions carefully before you sign the Agreement.
3.2 These Terms will become binding on you and us, and the Agreement will come into existence, when you sign it, or we begin to provide the Services to you (subject to email confirmation).
3.3 The Agreement constitutes the entire agreement, including these Terms and Conditions, between you and us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms, and if you believe that any terms are not contained in the Agreement or these Terms you shall let us know promptly. Any descriptive matter or advertising contained in our catalogues or brochures or on our website are produced for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Agreement or have any contractual force.
4 Changes to terms and conditions
4.1 We may revise these Terms and Conditions from time to time.
4.2 If we have to revise these Terms under clause 4.1, we will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the Agreement in accordance with clause 10.
4.3 If your circumstances or your requirements for the Services need changing due to a reduction in services, we will require a weeks’ notice with written confirmation from you. You may receive an amendment of your contract outlining any changes to the Agreement (such as the nature and the price of the Services), and those changes will come into effect from the date of written confirmation.
5.1 We will supply the Services to you, from the commencement date set out in the Agreement until the end date set out in the Agreement or, if no end date is set out, until the Agreement is terminated in accordance with these Terms.
Without notice YOU-CAS Ltd will be entitled to invoice for that service as if the service had been delivered. Such notice may be verbal following written confirmation to the office (see clause 13.) The notice period is within normal working hours Monday to Friday between 9:00am and 5:00pm and not including any Bank Holidays.
We will do our upmost to deliver the Services, to the delivery location by the agreed time or within the agreed period or, failing any agreement within 30 minutes of the agreed time.
If you are not present at the agreed time to the delivery location, then staff will leave after 15 minutes and you will still be liable for the invoice raised.
5.2 We will need certain information through a pre assessment from you that is necessary for us to provide the Services, for example, information about any medication you take. The pre assessment charge is £25.00 which is invoiced upon completion of the pre assessment (which is reimbursed to you after 3 months of continuous service and deducted from your invoice at the 3 month period). We will discuss your pre assessment this with you and record it in writing. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause, you will still be liable for the charges due to not disclosing relevant information necessary to the service.
5.3 Due to the nature of the Services, you will need to provide us with access to your home in order to provide the Services. If you do not allow us access to your home or other property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your home we may end the Agreement. The client must ensure that the delivery location is a safe environment and complies in all aspects with any relevant Health and Safety requirements including any equipment that YOU-CAS Ltd staff may be required to use.
5.4 If you do not pay us for the Services when you are supposed to as set out in clause 7.1, we may suspend the Services with immediate effect until you have paid us the outstanding amounts (except where you dispute an invoice under clause 7.4). We will contact you to tell you if we intend suspending the Services under these Terms. This does not affect our right to charge you interest under clause 7.3.
5.5 All Services are subject to availability.
5.6 Mileage is made within your agreement according to location and circumstances. Any ad hoc mileage needs to be agreed with the office in advance.
If there is a problem with the Services;
5.7 In the unlikely event that there is any problem with the Services or with your Carer/Care giver/Support Worker/Domestic Helper: (a) please contact us and tell us as soon as reasonably possible; (b) please give us a reasonable opportunity to remedy any problem.
If it is out of Office Hours, please ensure you e-mail firstname.lastname@example.org and email@example.com and we will endeavour to resolve the problem at hand at the earliest opportunity.
5.8 If we cannot remedy a problem with your Carer/Care Giver/Support Worker/ Domestic Helper to your reasonable satisfaction, we will replace the Carer/Care Giver/Support Worker/ Domestic Helper to as soon as reasonably possible after you ask us to do so. However, you will remain responsible for payment for the Services provided by that Carer/ Support Worker before he/she is replaced, and the Services provided by the replacement Carer/Care Giver/Support Worker/ Domestic Helper. If there a Safeguarding issue for you or the Carer/Care Giver/Support Worker/ Domestic Helper, we will investigate the matter accordingly. (See 5.7)
5.9 If you are not satisfied with our remedy to your problem with the Services or your Carer/Care Giver/Support Worker/Domestic Helper, you can make a complaint through our complaint’s procedure. We will give you a copy of our complaints procedure when you sign the Agreement, or you can request a copy from us at any time.
5.10 As a consumer, you have legal rights if the Services are not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5.11 Any quotation or estimate of Fees is valid for a maximum period of 5 days from its date unless we expressly withdraw it at an earlier time.
6 Fees and Payment
6.1 The fees (Fees) for the Services, and any additional delivery or other charges is that set out in our rate card current at the date of the Order or such other price as we may agree in writing, and as notified to you at the start of Services commencing or through any subsequent increase being notified to you, with due notice.
Services provided on All Bank Holidays, Christmas Eve, Christmas Day, Boxing Day, New Years Eve New Years Day, Good Friday and Easter Sunday are charged at 2.0 times the standard hourly.
6.2 We will review our fee rates from time to time and at least once a year in April. We may also review our fees in response to any unexpected change in the law which was not anticipated at the time of our annual review.
We will give you written notice of any increase at least one month before the proposed date of the increase. If the increase is not acceptable to you, you must notify us in writing within two weeks of the date of our notice. After we receive your notice, we will have the right to terminate the Agreement by giving you two weeks’ written notice. If we don’t terminate the Agreement under this clause, the previous prices will continue to apply, and the proposed increase will not take effect.
6.3 Our charges for the Services do not include costs that we agree with you for food or soft drinks for the Carer/Care Giver/Support Worker or any other costs that we agree with you for items that we supply to you or the costs of the Carer/ Care Giver/Support Worker accompanying you on any excursions (such as public transport, taxis, cinema, theatre, Cafés or meals/drinks out in the community). This will be your responsibility however, if there are reasonable charges incurred to the Carer/Care Giver/Support Worker, you will have to pay these costs in addition. We will itemise and invoice these agreed costs to you in accordance with clause 7.
6.3.1 In the event you require a service that involves a Carer/Care Giver/Support Worker using their vehicle and mileage to complete the required service (such as prescription collection, shopping, errands etc) this is be itemised and invoiced to you in accordance to the rate card.
6.3.2 In the event the Carer/Care Giver/ Support Worker is required to carry out your weekly shopping, an agreed amount is to be paid weekly to the company. This will be itemised on your records for future reference.
If the shopping is an ad hoc request, we are happy to pay for initial shopping under the value of £20.00, which must be reimbursed back to the YOU-CAS within 24 hours from the time of the receipt.
6.3.3 In the event you require to use a Carer/Care Giver/Support Worker/ Domestic Helpers mobile phone for calling or use of mobile data, this will be itemised and invoiced to you accordingly.
6.4 In the event of your unforeseen hospitalisation we may charge you for the Services for the first 48 hours of hospitalisation in the event you do not wish to engage the Carer/Care Giver/Support Worker/Domestic Helper to provide the Services whilst you are hospitalised.
6.4.1 In the event of temporary holiday/respite breaks, we require two weeks written notice in order to put your services on hold. If your temporary holiday/Respite breaks exceed 4 continuous weeks. We will be required to carry out another pre assessment prior to commencement of future services.
6.5 In the regrettable event of a Customer passing away we will reduce the cancellation charge to the first 3 days after death.
6.6 No VAT is payable, under current legislation, for the provision of care under the Agreement. However, if VAT legislation changes, we reserve the right to apply VAT to the rates shown in our rate card, with effect from the date on which VAT applies.
6.7 We cannot give you advice on personal finances. Information on assistance with paying for the Services is available from your Local Authority, your local Citizens Advice Bureau or the Money Advice Service.
7 Invoices and Payment
7.1 Except as set out in clause 7.2, we will invoice you for the care and support Services weekly in arrears for any services provided within your Agreement. You must pay each invoice, in cleared monies, within 7 calendar days of the date of the invoice. If you do not pay any invoice by Direct Debit, then we will apply a charge of £3 per invoice to cover the additional costs of processing payments by other methods.
7.2 If we will be providing the Services to you for four weeks or less, we will invoice you in advance and that invoice will include a short-term care fee (which we will itemise in the Agreement). You must pay that invoice in cleared monies before we will begin to carry out the Services (you can pay an invoice under this clause 7.1).
7.3 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 5% a year above the Bank of England’s base rate from time to time, but at 5% a year for any period when that base rate is below 0%. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. We reserve the right to charge you for our reasonable costs incurred in enforcing payment of any overdue amount (refer to rate card).
7.4 If you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 7.3 will not apply for the period of the dispute.
7.5 If a standing order has been set up for an agreed amount and the payment bounces charges will apply according to 7.3.
8 Carers/ Support Workers
8.1 We are required, under our CQC registration and guidelines, to supervise the Carer/Care Giver/Support Worker during the provision of the Services to you. So that we can do so, you agree that our assessor may visit your home to supervise the Carer/Care Giver/Support Worker, provided that we give you reasonable notice and that the assessor will only visit your home at a reasonable time.
8.2 We will ensure that a Disclosure and Barring Service enhanced check is carried out on the Carer/Care Giver/Support Worker/Domestic Helper before provision of the Services to you begins.
8.3 The Carer/Care Giver/Support Worker/ Domestic Helper is not permitted to use your telephone or internet connection, except after your permission, or in the event of an emergency. If you ask the Carer/Care Giver/Support Worker/ Domestic Helper to use your telephone or internet connection, or she has to use them in an emergency, we will not be responsible for any costs incurred.
8.4 The Carer/ Care Giver/Support Worker/Domestic Helper is not permitted to smoke, take prohibited drugs or drink alcohol while in your home. The Carer/ Care Giver/Support Worker/Domestic Helper is not permitted to accept any gift with a value greater than £20. The Carer/ Care Giver/Support Worker/Domestic Helper is not permitted to lend money to you, or to borrow money from you, along with take any money from you for mileage.
8.5 You must treat the Carers/ Care Givers/Support Workers/ Domestic Helpers, with respect and dignity. Any failure to do so may be a breach by you of the Agreement.
8.5.1 We have a zero tolerance to any abusive or aggressive behaviour which will not be tolerated under any circumstances, including intoxication from alcohol or drugs. YOU-CAS reserves the right terminate or cancel any service in any of these circumstances.
8.6 If, during the provision of the Services or for up to 24 weeks after the Services finish, you employ the Carer/ Care Giver/Support Worker/ Domestic Helper (or refer the Carer/ Care Giver/Support Worker/ Domestic Helper to another company which then employs the Carer/ Care Giver/Support Worker/ Domestic Helper), you will pay us an amount equal to 15% of the annual salary that we paid the Carer/ Care Giver/Support Worker/ Domestic Helper, as reasonably calculated by us, as a reasonable reflection and genuine pre-estimate of the loss to us of your direct engagement of the Carer/ Support Worker rather than through us. We will invoice you for that amount and set out how we calculated the amount. This sum is not intended to act as a penalty.
9 Our Liability to you
9.1 If we fail to comply with the terms of the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence. We are not responsible for any loss or damage that is unforeseeable.
9.2 We will not be liable for any breakages or damage caused by the Carer/Care Giver/Support Worker/Domestic Helper in your home unless this loss, clearly caused by our employee, is not recoverable under your household insurance contents policy. This would be investigated by the Manager accordingly. It is your responsibility to ensure that your household insurance policy will provide you with the cover you expect while the Carer/Care Giver/Support Worker/Domestic Helper in is in your home providing the Services. You will also be responsible for giving clear and adequate instructions for the use of items of electrical equipment in your home.
9.3 We do not exclude, or limit in any way, our liability for: (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or (b) fraud or fraudulent misrepresentation.
10 Your Rights to Cancel the Agreement
10.1 You have the right to cancel the Agreement within 14 days without giving any reason. The cancellation period ends at the end of 14 days after the day on which you sign the Agreement.
10.2 To exercise that right to cancel, you must inform us of your decision to cancel the Agreement by a clear statement, such as a letter sent by post, phone or email. If either party wishes to cancel the Services, a minimum of 14 days’ notice of cancellation is required. Notification by the Customer must be sent by email to firstname.lastname@example.org or by phone on 01202 247270. If there is a Safeguarding issue for you or the Carers/ Care Givers/Support Workers/ Domestic Helpers we will suspend the service with immediate effect whilst investigating the matter at hand.
10.3 If you cancel the Agreement under clause 10.1 and we have already begun carrying out the Services at your request, you will pay us any costs we have reasonably incurred (including any admin fee and the cost of the Services already provided), and these costs will be deducted from any refund that is due to you or, if no refund is due to you, the costs will be invoiced to you. We will tell you what these costs are when you contact us.
10.4 If we begin to provide the Services during the cancellation period at your request and complete the Services before the end of the expiry period, your right to cancel set out in clause 10.1 will be lost.
10.5 After the cancellation period in clause 10.1 has expired, you may cancel the Agreement at any time by providing us with at least 14 days’ notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you. We will invoice you for any Services that we have carried out but you have not paid for (including during the 14-day notice period) in accordance with clause 7.
10.6 You may cancel the Agreement with immediate effect by giving us written notice if: (a) we breach the Agreement in any material way and we do not correct or fix the situation within 14 days of you asking us to in writing; (b) we go into liquidation or a receiver or an administrator is appointed over our assets; (c) we change these Terms under clause 3.1 to your material disadvantage; (d) we are affected by an Event Outside Our Control.
11 Our Rights to Cancel the Agreement and Applicable Refund
11.1 We may have to cancel the Agreement before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel without whom we cannot provide the Services. We will promptly contact you if this happens. If you have made any payment in advance for Services that have not been carried out, we will refund these amounts to you.
11.2 Once we have begun to provide the Services to you, we may cancel the Agreement at any time by providing you with at least 24 hours’ notice under the following circumstances:
a. The client refuses to accept the services to be provided as outlined in the initial assessment.
b. Following a risk assessment being undertaken on the premises, we determine that it is not possible to provide any services safely to the client in the intended premises.
c. We determine that it is not able to provide the level of services required by the client within their own home and this concern is brought to the attention of the Client.
d. If an invoice remains unpaid for a period of 10 days or more.
e. An employee experiences discrimination of any form by the Client.
11.3 We may cancel the Agreement at any time with immediate effect by giving you written notice if: (a) we perceive a significant risk of harm to the Carer/Care Giver/Support Worker/ Domestic Helper; or (b) you breach the Agreement in any other material way and, if the breach can be corrected or fixed, you do not correct or fix it within 14 days of us asking you in writing to do so.
11.4 Our staff have the right to refuse to support a client if they are under the influence of drugs or alcohol or feel that they are unsafe to work with. The member of staff will report to the office as soon as possible and further action within this agreement will be considered.
12 Events Outside our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by an Event Outside Our Control.
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Agreement: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under the Agreements will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of the Services, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over. You may cancel the Agreement if an Event Outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under clause 10. We may cancel the Agreement by giving you notice in writing if the Event Outside Our Control continues for longer than two weeks.
13 Information about us and how to contact us
We are YOU-CAS Ltd a company registered in England and Wales under number 8071841 whose registered office is at 32 Talbot Avenue, Bournemouth, Dorset, BH3 7HZ with email address email@example.com; telephone number (01202 247270).
14 Confidentiality and How We Use Your Personal Information
14.1 Information that we may hold about your health and physical or mental wellbeing is “sensitive personal data” for the purposes of the Data Protection Act 1998 and the GDPR. By signing the Agreement, you explicitly consent to us processing that sensitive personal data.
14.2 We will use the personal information you provide to us only: (a) to provide the Services; (b) to process your payment for such Services; and (c) as required under any legislation or code of practice that we are bound by in relation to the provision of the Services.
14.3 We will not give your personal data to any third party without your prior consent. However, in the event that you are not able to give consent, you agree that we are permitted to disclose your personal data to any medical professional who needs to know it for the purposes of providing you with medical care.
14.4 We are under a duty of confidentiality to Carers/ Care Givers/Support Workers/ Domestic Helpers, and we can only disclose to you information about a Carer/Care Givers/Support Worker/Domestic Helpers (such as their professional references) with the Carers/ Care Givers/Support Workers/ Domestic Helpers consent. Any information about a Carers/ Care Givers/Support Workers/ Domestic Helpers, that we disclose to you is confidential and you must not disclose it to anyone else.
14.5 In performing the Services we will comply with all applicable requirements of the Data Protection Legislation. (refer to Fair Processing Notice – External)
14.6 We may transfer your personal data outside the EEA provided that we are satisfied that: (a) there are appropriate safeguards in relation to the transfer; (b) you have enforceable rights and effective legal remedies; (c) there is an adequate level of protection to your personal data that is transferred; and (d) we can comply with your reasonable instructions with respect to the processing of your personal data.
14.7 You have the following rights in respect of your personal data held by us: (a) to access your personal data; (b) to be provided with information about how your personal data is processed; (c) to have your personal data corrected where necessary (please contact us promptly should you become aware of any incorrect or out-of-date information); (d) to have your personal data erased in certain circumstances (please refer to the appropriate data protection legislation or consult the ICO for details); (e) to object to or restrict how your personal data is processed; (f) to have your personal data transferred to yourself or to another business.
14.8 You have the right to take any complaints about how we process your personal data to the Information Commissioner: Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF https://ico.org.uk/concerns/ 0303 123 1113
14.9 For more details, please address any questions, comments and requests regarding our data processing practices to the contact details set out in clause 13 and we shall pass this on to our Privacy Officer.
14.10 We will hold your personal data on our systems for as long as: (a) any contracts you make with us are live; (b) is necessary to comply with our legitimate business interests; or (c) is necessary to comply with our legal obligations.
14.11 We will only collect personal data to the extent that it is required for the specific purpose made clear to you at the time. We will only process personal data in accordance with relevant data protection legislation.
14.12 If you contact us, we will keep a record of that contact including your contact details and any relevant account information.
14.13 Subject to clause 14.2 we will never sell your personal data or make it available to any third parties without your prior consent (which you are free to withhold) except where required to do so by law or if we sell any part of our business or assets (in which case we may disclose your personal data confidentially to the prospective buyer as appropriate in accordance with our legitimate interests).
14.14 We have implemented generally accepted standards of technology and operational security to protect personal data from loss, misuse, or unauthorised alteration or destruction. We will notify you promptly in the event of any breach of your personal data which might expose you to serious risk.
15 Other Important terms
15.1 We may transfer our rights and obligations under the Agreement to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under the Agreement.
15.2 You may only transfer your rights or your obligations under the Agreement to another person if we agree in writing.
15.3 The Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 The Agreement is governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.