CLIENT TERMS & CONDITIONS
Le Temp Contractors Limited T/A Le Temp Care
letemp.co.uk
These Client Terms and Conditions incorporate and are in addition to all of the terms and conditions and policies on the website letemp.care and always apply to Clients. You agree to these terms when you register to be a Client and each and every time you use the Website or our Introduction Services. Should you need any help please email us at [email protected]
1 DEFINITIONS
(1) “Client” means the person(s) and/or organisation who uses our Website and our Introduction Services to be introduced to Suppliers who supply them with Supplier Services.
(2) “Consumer” shall have the meaning ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(3) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
(4) “Introduction Services” means the services we supply by introducing Clients to respective Suppliers. Those services consist of listening to a Client’s needs and introducing the Client to a Supplier who we feel will be best able to meet those needs. It does not consist of arranging or providing any type of personal or care services (Supplier Services).
(5) “Supplier Proposal” or “Care Proposal” means the document which details the Care Service (Supplier Services) which will be provided to the Client directly by the Supplier.
(6) “Registered Business” means a business which is properly registered at HM Revenue and Customs for the payment of any tax and national insurance contributions and any similar Government or properly imposed taxes or liabilities which may be payable as a result of any payments made to them under this Agreement and any Supplier Project Sheet. Where applicable, this will include registration at Companies House, and/or with such other relevant government body which applies to the nature of the business which they run and the services and products the business supplies.
(7) “Supplier” means any person and/or organisation who we introduce to a Client and who agrees to provide their (supplier) services to that Client.
(8) “Supplier Services” or “Care Services” means the care services or any other related services which are provided directly to the Client by a Supplier as a result of our Introduction Services.
(9) “Supplier invoice” means an invoice submitted to a Client in respect of Care Service (Supplier Services) provided to that Client.
(10) “Terms and Conditions“ means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our website and will also include any special terms and conditions agreed in writing by us.
(11) “We”, “Us”, means the organisation who owns this website and supplies introduction services, Le Temp Contractors Ltd, Trading As Le Temp Care, a Company registered in England and Wales, company registration number 08966458 whose Registered Office is at 198 Shirley Road, Southampton, Hampshire, SO15 3FL. E-mail address -mail address [email protected]
Telephone 078 531 28871
We are not registered for VAT.
(12) “Website” means the Website and all contents at letemp.care
(13) “Working Days” means any day from Monday to Friday inclusive, from 9am to 5pm, but excludes all public holidays in England and Wales.
2 ACCEPTANCE
(1) By using us, the Website, Introduction Services and Care Services, you confirm that you are aged 18 or over and that you have read and understood and agree to be bound by these Terms and Conditions. Where you are using Introduction Services and Care Service (Supplier Services) in any way on behalf of another person or on behalf of an organisation, you confirm that you have the legal right to do so.
(2) Where the use of the Website, Introduction Services and Care Services is on behalf of an organisation and other persons (for example employees), the Organisation specifically confirms that it takes full responsibility for that use and that the organisation, as well as the individuals.
(3) These Terms and Conditions supersede any and all prior representations, understandings and agreements between you and us.
(4) (a) The terms and conditions which apply to each Agreement between us are those which are current at the time the Agreement is reached, unless we subsequently give you 30 days written Notice of change.
(b) Otherwise, we reserve the right to update or amend these Terms and Conditions at any time. Such amendments take effect as soon as they appear on the Website and your continued use of the Website, our Introduction Services and the providing new Care Services following any changes shall be deemed to be your acceptance of such change. It is your responsibility to read the Terms and Conditions and policies each and every time before using the Website.
3 WHAT WE DO – INTRODUCTION SERVICES
(1)(a) We provide Introduction Services – we are a venue and facilitator introducing and bringing together Clients who need Care Services (Supplier Services) and Suppliers who wish to supply those Care Services.
(b) As facilitators we do not arrange Care Services and clients are not purchasing Care Services from us but from an individual Supplier (which may be displayed on the website) and whose details are provided to Clients by us.
(c) All arrangements relating to the arranging, delivery and general provision of Care Services are directly between a Client and a Supplier and we are not party to any contract/agreement between any Client and Supplier nor do we bear any responsibility for this. If you need any clarification about this please email us at [email protected]
(2)(a) Once you, the Client, contact us and provide details of the Care Services you require, we will contact the applicable Supplier(s) who would be prepared to provide such appropriate Care Services to you and you authorise us to commence this as soon as we have received the information from you.
(b)(i) Every Supplier who is providing Care Services (particularly personal care) is interviewed personally by our quality team and DBS police checked. In so far as we are able, we check all references provided and ensure that all necessary training is current and valid. In addition we ask the Supplier to ensure that each Carer holds current Personal Carer insurance.
(ii) However, we are merely introducing you, the Client, to a Supplier (we do not arrange nor provide any care services ourselves) and it is therefore your responsibility to carry out any checks and take up any references as may be required before entering into an agreement with that Supplier. We make no warranty or guarantee about any Supplier nor for or about the Care Service (Supplier Services) they provide and we accept no responsibility for any Supplier Services.
(3)(a) We will then facilitate for both Client and Supplier to reach their agreement together as to
(i) exactly what Care Services are required and are to be provided and
(ii) when the services are to be provided and
(iii) the price to be paid by you, the Client, for the Care Service (Supplier Services) including whether any VAT is due.
The Supplier is responsible for providing such details to the Client in a Care Proposal
(b) In addition, the Supplier will provide the Client with their own terms and conditions of business which should be attached to the Care Proposal.
(c) The Client, can then accept the Care Proposal by contacting the Supplier directly or by signing and returning one copy of the Care Proposal.
(d) The Supplier involved will then:
(i) contact the Client directly within 7 working days or to comply with the Client’s timescale, whichever is sooner and as applicable and confirm a start date with the Client.
(ii) advise us by email to [email protected] within 3 days of the Client confirming acceptance of a Care Proposal and providing us with a copy of it or any other order for Care Service (Supplier Services) from that Supplier.
(e) If the Client needs any other information or has any queries we advise that they contact the Supplier directly using the contact details which will be provided to the Client.
(f) The Supplier is solely responsible for:
(i) arranging and delivery of any Care Service (Supplier Services) to the Client and
(ii) invoicing the Client (or such other person or organisation who is responsible for payment) in respect of fees due for Care Service (Supplier Services) and for collection of such payment due.
(4) The Client does not pay for our Introduction Services.
(5) Suppliers will provide details of the Care Service (Supplier Services) and Suppliers understand that anything which they supply must comply with the law, their agreement/contract with you and the Supplier Obligations (see clause 6 following).
(6)(a) We make no warranty against electronic virus, worms or any other fault or defect or problems which may occur or as a result thereof, of anything we send to you.
(b) If we have specifically agreed to supply any information, report or documentation, they will be in whatever format and contain the information that we, in our sole and absolute discretion, deem appropriate.
(7) Except as expressly stated in our terms and conditions or those statutory warranties which apply to consumers, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the introduction services to be provided by us.
4 PAYMENT
(1) We are not responsible for delivering Care Service (Supplier Services) to you – please see clause 3 above.
(2)(a) You should make payment for Care Services directly to the Supplier who will provide you with an invoice.
(b) Payment for Care Service (Supplier Services) must be made
(i) in advance. You will usually be invoiced on Friday of each week
(ii) in full in accordance with the payment date (usually 7 days from the date of the invoice) and by Bank Transfer or such other payment method as stated on the invoice.
(3) Where you do not agree with an invoice then you should contact the Supplier directly and they will work with you to resolve any issues.
(4) Where payment or any part payment is overdue (such as if there are problems with the payment method or payment does not clear or is not made on time), then
(a) You remain liable to the Supplier for all outstanding payment and the Supplier may pursue you directly to recover such payment.
(b) Unless the Supplier’s terms and conditions of business state otherwise, Suppliers reserve the right to
(i) immediately cease or suspend the provision of any Services until they receive full cleared payment
(ii) charge interest at the rate of 8% per annum on the amount outstanding from the date that the invoice was due to be paid until they receive cleared payment of all outstanding amounts and may recover reasonable costs incurred in obtaining payment
5 CLIENT OBLIGATIONS
As a client you confirm and agree that:
(1) You understand that we only provide Introduction Services by bringing together Clients and Suppliers and we do not arrange, deliver, supply or in any way provide Care Services. Therefore we have no responsibility or liability in respect of any Care Services.
(2) You will enter into a formal agreement with your chosen Supplier. This means that you will be required to comply with the terms and conditions of that Supplier and that you will be liable to make the agreed payment for their services directly to them as and when it becomes payable. We always advise that you read and understand the information provided by any Supplier, including their terms and conditions and, where applicable, take advice.
(3)(a) Introduction Services are provided to you on the basis of the details and information you supply so it is important that you provide detailed and accurate information to us.
(b) You confirm that you are happy for us to share your details and any information which you provide to us with Suppliers and for Suppliers to share any Care Proposals with us in order to enable us to provide suitable Introduction Services.
6 SUPPLIER’S OBLIGATIONS FOR PERFORMANCE OF SERVICES
Suppliers confirm and agree that:
(1) They understand that we provide introduction services, bringing together Clients and Suppliers and we do not arrange, deliver, supply or in any way provide Care Services. Suppliers will at all times clarify this to the Clients and any other relevant parties. Therefore we have no obligation or liability in respect of any Care Services.
(2) They have read and understood our Supplier Terms and Conditions and have agreed to be bound by them.
(3) They are a Registered Business responsible for each individual carer who will be supplying Care Service (Supplier Services) on their behalf.
(4) Prior to starting to provide any Care Services, they will provide Clients with full details of the Services to be provided and any relevant information including, but not limited to, any information which must be provided to consumers by law.
(5) During any time that they provide any relevant Care Services to any Client as a result of our Introduction Services, Suppliers confirm and agree that they will
(a) Always hold a current and valid registration with the relevant regulatory body and will comply with all legislation, regulations and best practice which applies to the type of Care Services they provide and will not be suspended or otherwise prohibited from supplying such Care Services.
(b) Supply all Care Services to the best of their ability, with reasonable skill and care, to a reasonable standard and in accordance their relevant regulatory body and any additional relevant legislation, recognised standards and codes of practice and the description of such Care Services contained within the Care Proposal.
(c) They will deal with complaints in accordance with the law and in a reasonable and fair manner, adhering to any relevant complaints standards laid out in any regulatory or other body or organisation of which they are a member.
(6) They will hold current and valid insurances which are required for their business, including ensuring that each individual carer who will be supplying Care Services on their behalf holds current and valid Personal Carer insurance and
(7) They will have provided us with a current and valid DBS certification check, confirmation of any applicable professional certification and all necessary current and valid training for each individual carer who will be supplying Care Service (Supplier Services) on their behalf and will provide us with confirmation of any amendment/change/new issue information/documentation within 7 days of the date of any such amendment/change/new issue.
(8) We reserve the right to refuse to introduce/continue to introduce any organisation and/or specific individual (Supplier) where we, at our sole discretion, believe that they
(a) Do not meet the necessary levels of competence, skills and fitness.
(b) Are unable, refuse or otherwise fail to comply with the provision of confirmation of insurance or requisite information as detailed above.
(c) Behave in such a way that we believe that they may cause a danger to themselves or others or may bring our organisation into disrepute.
7 CANCELLATION AND TERMINATION
(1) The law, particularly the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 provides consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) with certain rights including the right to cancel some orders made at distance.
(2) Cancelling Introduction Services
(a) Consumer rights – If you would like to cancel your use of our services then you should let us know this in writing, using the address at 1(11) above within 14 days of the date that you contact us to use our Introduction Services.
(b) Otherwise you may cancel your use of any of our services by letting us know of this in writing, using the address at 1(11) above, giving us 14 days notice.
(3) Any agreement between us will automatically terminate if either party, as applicable; passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an Order to that effect; ceases to carry on its business or substantially the whole of its business; is declared insolvent; convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
(4) Cancelling Care Service (Supplier Services)
(a) If you would like to cancel your use of Care Services then you should let the relevant Supplier know this directly.
(b) Please also refer to the Supplier’s terms and conditions of business which will provide you with information about any applicable Consumer rights and your rights to cancel or bring your agreement with them to an end.
Complaints
(5) If the Care Services do not comply with what the Supplier has agreed to supply then you should let the relevant Supplier know this in writing, using the address provided on the Care Proposal, within 14 days of the date that any problem occurs.
(6) Private Arrangements – if you enter into a private arrangement with a Supplier with the objective or result of the Supplier avoiding paying our fees for our Introduction Services then we will regard this as a breach of these terms and conditions.
(7) If one party commits a material breach of these terms and conditions and agreement and either:
(a) The breach is not capable of being remedied, or;
(b) Where it is capable of being remedied, the breach has not been remedied within 30 days of written notice of the breach, the party who has not committed the breach may terminate the Agreement forthwith by written notice to the other party.
8 HELP, QUERIES, COMPLAINTS AND NOTICES
(1) Queries and complaints about us, our Introduction Services or the Website must be addressed in writing to us, using our address at Clause 1(11) above. We aim to respond within 7 working days of receipt. If any cause of complaint may amount to a breach of any of these Terms and Conditions, then you must allow us 30 days to remedy that breach.
(2) In the event of a dispute between us, you agree to attempt to settle any dispute in good faith and, as we request, by mediation before any arbitration or litigation is commenced. We are not bound by any trade or professional approved code of practice, code of conduct or alternative dispute resolution in relation to complaints.
(3) Notices for us must be in writing by
(a) Email to us at [email protected] and, for you, using the email address on the Care Proposal. Notices by email are deemed to have been received on the day on which they were sent following a valid successful delivery receipt being retained by the sender OR
(b) Post to our address at Clause 1(11) above and, for you, using the address on the Care Proposal or the order confirmation, as applicable, using a tracked service where the sender retains details of posting and a signature is obtained from or on behalf of the addressee. Notices by post will be deemed to have been received on the date that the delivery service provider obtains a record of receipt from or on behalf of the addressee.
(4) Complaints about suppliers should be addressed to the relevant Supplier directly – please see clause 6(5)(c) of these Terms and Conditions and the Supplier’s own terms and conditions of business. Please also let us know if you are dissatisfied with a Supplier.
9 LIMITATION OF LIABILITY AND INDEMNITY
(1) In so far as the law provides we will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you, any Supplier or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
(2) Time is not of the essence and time limits provided are estimates only. We will incur no liability to you in respect of any failure to complete any Introduction Services, or any part thereof, by any agreed date.
(3) Other than those implied by law where you are dealing as a consumer, in the event that we breach any of these Terms and Conditions, your remedies are limited to damages which will, in no circumstance whatsoever, exceed any fee paid for those Services.
(4) You specifically agree to completely indemnify us against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms and Conditions or your use of the Website.
10 INFORMATION AND DATA PROTECTION
(1) Any services we provide to you will be reliant on information and details provided by you, so you are responsible for ensuring that any information you provide is accurate, correct and up-to-date.
(2) Data will be held according to current applicable Data Protection legislation subsisting in England at the time of any applicable agreement between us. Please also refer to the Privacy Policy on the Website.
(3) You specifically agree that your data can be shared with Suppliers in order that Introduction Services and Care Service (Supplier Services) can be provided to you.
11 GENERALLY
(1) Other than as specifically provided for, nothing in these Terms is intended to give any benefit to any third party (whether referred to herein by name, class, description or otherwise) or any right to enforce any agreement with us.
(2) You agree that nothing in these Terms and Conditions will be deemed to create any partnership, joint venture or agency relationship between us.
(3) We will not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control including, but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we are entitled to a reasonable extension of our obligations.
(4) Nothing in these Terms and no express or implied waiver by us in enforcing any of our rights shall prejudice our rights to do so in the future.
(5) Each clause or any part at all of these Terms is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of these Terms or our Agreement.
(6) Governing Law and Jurisdiction – These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
