Client Agreement

Helpd Ltd Terms and Conditions: For our clients

  1. About Us

We are Helpd Ltd. Helpd Ltd provides an online platform which connects Helpers (self-employed individuals offering care and support services to others) with clients (people seeking the support or services from Helpers). Through our online platform (www.helpd.co.uk), Helpers and clients are able to connect with one another, agree care contracts, and start working together. At the client’s request we may also introduce Helpers to clients. Our service enables clients to:

 

  • Search an online database to find self-employed Helpers who can provide the desired service(s);
  • Have the assurance that all Helpers have been vetted for suitability, are insured and have received recent DBS clearance;
  • Easily pay for the services provided by Helpers, throughout our inbuilt and secure payment system;
  • Communicate directly with Helpers to ensure a “best fit” is achieved pre service commencement; and
  • Provide feedback and comments on our service, and that provided by the self-employed Helpers.

 

Helpd Ltd is classified as an ‘introductory agency’, as per the Care Quality Commission (CQC) guidance. We therefore link clients with Helpers via our website. We are not an employment agency or a care or home care agency. We do not have the right to make changes to the care plan(s) of clients, arrange rotas, or to change or influence the provision of care delivery.

  1. Limitations of liability

Helpd Ltd services are used at the client’s own risk.

Our website, www.helpd.co.uk, is available free of charge. We provide no guarantee that the site will work optimally, or that it won’t be subject to downtime, or removed from service at any point in time. Helpd Ltd does not accept any liability for losses or damages caused by the temporary unavailability of the service or technical errors.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

Helpd Ltd cannot be held liable for injury, controversies, losses, accidents, claims or damages arising out of the use of its services including the online platform, as well as the provision and delivery of services by individual Helpers.

We ask that all clients recognise that their decision to enter into a contract with a Helper is their sole responsibility and that Helpd Ltd gives no warranty as to the suitability, experience, history or character of any Helper, nor does Helpd Ltd give any warranty as to the completeness, truthfulness or accuracy of any information or documentation provided by the Helper.

We ask that you understand and agree to the risks inherent in participating in an Introduction and that you hereby waive all rights to any claim for damages from any person or organisation involved in creating, producing or distributing the Helpd Ltd service or information pertaining to the Helpd Ltd service.

To the extent permitted by law, Helpd Ltd will not be liable for any loss, damages, misrepresentation, injury, accident, claim, cost, charge, expense, action, demand or consequential losses whatsoever in any jurisdiction arising out of or in connection with the use of our website and/or the service provided by Helpers.

We ask that clients acknowledge that Helpd Ltd’s total liability, whether in respect of services or whether based on negligence, breach of contract, misrepresentation or otherwise shall not exceed the value of the total commission income for the current billing cycle that Helpd Ltd may have derived from you via our service.

Our site, www.helpd.co.uk, is provided for domestic and private use only. Clients are asked not to use our site for any commercial or business purpose, other than identifying an appropriate Helper.

Helpd Ltd will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or from any website linked to it.

Helpd Ltd assume no responsibility for the content of websites that are linked from our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

Helper selection and our vetting process

Helpd Ltd checks the identity and information provided by Helpers. This includes visual checks of;

  • Passports or other appropriate photgraphic ID to confirm identity and right to live and work in the UK
  • stated qualifications and training certificates where available
  • existing DBS checks

Where Helpers cannot provide visual confirmation of having passed a DBS check within the past 3 years, Helpd Ltd performs DBS checks via an external provider, the cost of which will be borne by the Helper. Although Helpd Ltd interviews every Helper face to face, we are not responsible for nor do we have control over the quality, timing, legality, reliability, responsibility, integrity or suitability of the carers listed on the Helpd website.

We recommend that clients carry out their own assessment of a Helper’s suitability before engaging into a contract with them by:

  • Meeting Helpers
  • Verifying a Helpers identity via photographic ID
  • Requesting proof of experience, training, qualifications, authorisations and suitability for the position they are applying for
  • Following up on references

Permitted Use

You are not permitted to use the Helpd Ltd website for any reason other than for the following, private, non-commercial purposes: (1) viewing and browsing the website; (2) sending genuine enquiries to Helpers regarding the use of their services; (3) making/reviewing/changing bookings; (4) checking Helper feedback; (5) changing billing information and generating invoices where relevant, and (6) communicating with Helpd Ltd representatives. (Helpers may generate their own invoices if they wish to do so.)

 

We expect clients using our introductory service to recognise and respect the following code of conduct and service use when working with Helpers:

You should not discriminate against a carer on the basis of skin colour, nationality, disability, gender or any other potential source of discrimination.

You should be 18 years of age or above, and have the right to form legally binding contracts under UK law. You should have the appropriate insurance in place to be able to accept Helpers into your home, and take responsibility for ensuring that any Helper working with you has the correct insurances in place.

You must ensure that all information provided by yourself via our website is correct and accurate.

By registering with Helpd Ltd we expect you to accept and abide by all terms and conditions set out in this document. We also expect that you recognise the role of Helpd Ltd as an introductory service, and that you do not create contractual agreements outside this service with any Helpers introduced to you via Helpd Ltd, with the deliberate intention of avoiding Helpd Ltd fees.

Once a contract has been set up between yourself and a Helper, you are bound by the terms of that established contract. This includes; payment upfront of all required monetary amounts. It is your responsibility to agree any deviations from the contract terms. Agreements created are legally binding and remain effective between Helper and client. Helpd Ltd are not party to such agreements and we cannot arbitrate or mediate if there is an alleged breach of contract unless the dispute resolution process is activated.

Helpd or the Client shall have no right to, nor shall seek to, exercise any direction, control, or supervision over the Helper in the provision of the services. The Helper shall endeavour to co-operate with Helpd and the Client’s reasonable requests within the scope of the services, however it is acknowledged that the Helper shall have autonomy over their working methods whilst adhering to the necessary care delivery Acts.

The Helper shall provide the services using suitably qualified personnel of their own choosing. The Helper reserves the right to substitute any personnel, provided the Client is reasonably satisfied that any proposed substitute possesses the necessary skills and qualifications for the satisfactory completion of the services. The Helper will remain liable for the services completed by substitute personnel and will bear any costs.  As a self-employed person, your Helper, has a right to find a suitable substitute for their absences. We ask that, where possible, the Helper involves the client in the identification of any required substitutes, and keeps the client’s need at the very centre of all decision-making.

Dispute resolution process

Overview

Helpd Ltd provides a dispute resolution process to support the management of any disagreement between client and self-employed Helper. Either client or self-employed Helper can dispute a contract. We ask that in either case, Helpd Ltd is informed of the need for arbitration within 24 hours of the relevant event. When this happens, Helpd Ltd will examine the contract, compliance with terms, user data analytics including but not limited to visit logging, messaging, geoverification, user feedback and previous self-employed Helper behaviour and any submissions by either party. Helpd Ltd reserves the right at its sole discretion to defer payment, reimburse or cease contractual payments at any time.

Release of liability for user conduct and disputes

Agreements entered into are legally binding and exist between client and Helper. Helpd Ltd is not party to such agreement and we cannot arbitrate or mediate if there is an alleged breach of contract unless the dispute resolution process is activated.

Where possible issues identified should be resolved directly between client and Helper. Helpd Ltd does not accept any liability for claims, demands or direct or indirect damages arising from disputes between clients and Helpers, however we do offer a dispute resolution process which should be followed in the case of disagreement.

Disputed funds

The unpaid monies for a contract are held in an escrow account and Helpd Ltd offers no guarantee to either care seeker or self-employed Helper that there will be either reimbursement or full payment if the dispute resolution policy is activated. Helpd Ltd will endeavour to come to an equitable outcome based upon the evidence available.

Payments, Cancellations and Refunds

Payments

Contracts for work are made between the client and the Helper. By entering a contract as a client you agree that you have the funds available to pay for the contract value.

If a client is not available to agree to the release of funds to pay for work already completed by a Helper, Helpd Ltd will release funds to the Helper on the client’s behalf, after a reasonable effort to contact the client has been made.

When a Helper does not accept a contract from a client, and that contract has been paid for by the client, Helpd Ltd will refund the client fully within 3 working days, and the contract will be cancelled.

All payments for work completed must be made via Helpd Ltd; attempts to pay outside of Helpd Ltd will lead to sanctions not limited to immediate account suspension. Any offers to pay outside of Helpd Ltd made by either party must be reported to Helpd Ltd immediately.

If a client chooses to engage a Helper directly and thus stop using the services provided by Helpd Ltd, the client will be required to pay Helpd Ltd an upfront, non-refundable fee equivalent to 1/12th of the Helper’s annual payment.

Our current payment provider is Sage and all credit and debit card information is held securely and is PCI compliant. For customers wishing to pay by BACS, this will be determined on a case by case basis. Any new customers choosing this payment method will be subject to a 2% administration fee.

Hourly and Daily Helper rates

It is the responsibility to the Helper and the client to set and agree upon an hourly or daily rate for the services provided. Rates should not be changed during a contract agreement. Any change in hourly rates that are made before the end of a contract must result in the termination of the current contract and a new contract must be agreed.

Helpd Ltd fees

Helpd Ltd charges an introductory commission fee of 20% (incl. VAT) of the hourly Helpers rate. This commission is already included in the rate stated on each Helper’s profile on Helpd Ltd. Helpd Ltd reserves the right to alter the terms of its commission structure at any time.

Direct Payments and Personal Budgets

If you are paying via Direct Payments or Personal Budgets, you must setup a contract on the Helpd Ltd platform. Payment can be made a week in advance following provision of an Invoice for hours completed.

Refunds

Helpd Ltd does not normally provide refunds or credits for purchase cancellations. However, Helpd Ltd may at its sole discretion issue refunds or credits when it believes they are warranted.

Cancellations

A contractor has the absolute right to terminate a contract when they see fit.  Ideally, a “short term hire” (i.e. a short term contract), should not be cancelled unless there are exceptional circumstances.

A “regular hire” (i.e. a regular or standard contract) can be cancelled by the client or Helper, but ideally there is to be a 14 day notice period from the date that the Helper uses the system to cancel the contract or from the start of the contract – whichever is the later. If the contract has less than 14 days to run or is shorter than 14 days, the contract should not be cancelled. (In practice, the original contract will be cancelled and a replacement contract will be generated to honour the remaining 14 days).

Helpd Ltd strongly discourages cancellations of contracts unless exceptional circumstances occur.  Helpers rely on dependable income and cancellations of contracts without sufficient warning or reason can cause undue inconvenience.

Governing policies

Safeguarding Policy: Helpd Ltd have a range of policies in place which we, as an introductory agency, abide by. We recognise that the Safeguarding Policy is important for ourselves, clients and Helpers. We comply with all relevant legislation including the Care Act 2010, the Mental Capacity Act 2005 and the Safeguarding of Vulnerable Adults Act. In instances where we deem a “vulnerable” adult is at risk of exploitation or any type of harm and we have received evidence to indicate that this is the case, we will comply with this legislation and refer the relevant parties to the nearest Local Authority’s Adult Safeguarding Team. Although Helpd Ltd does not directly provide care, we take our duties as a responsible organisation seriously and work continuously to ensure a duty of care to all of our users and stakeholders.

Complaints Policy: Helpd Ltd takes all customer complaints seriously and is committed to learning from mistakes and improving our service accordingly. We have a complaints policy in place which outlines in detail the referral process for complaints, and our complaints management framework. In summary; if you have a complaint, please send this by email to admin@helpd.co.uk We will normally respond within one business day. We will investigate any matter referred and take appropriate action where necessary. If the complaint is regarding a contract dispute, you will need to activate the dispute resolution pathway. If you have concerns regarding the performance, behaviour or competence of a Helper, we will investigate the matter and take proportionate action ranging from verbal and written feedback to account deletion and suspension.

Data Protection and confidentiality Policy: By utilising Helpd Ltd you consent to us processing any collected personal data, in accordance with our Privacy Policy. We always seek consent prior to processing your data for any reason that is in no way directly related to your care.

Background checks

By using the introductory service provided by Helpd Ltd, you authorise us to carry out certain background checks and intermittent audits. We reserve the right but not the obligation to use a third party to scan your 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. Helpd Ltd has no obligation to perform such checks and releases all liability associated with the results of such checks.

Breach of terms and conditions

Helpd Ltd ask that you recognise the terms and conditions set out in this document and that you abide by them. You are to agree to indemnify and hold Helpd Ltd harmless from any claim or demand brought against us as a result of you breaching these stated terms and conditions.