Terms and Conditions
Terms and Conditions of the Services
Definitions
Within these Terms & Conditions:
Company refers to Amaly Cares Limited
Contract refers to the Schedule of Chargeable Fees, the agreed scope of work as arranged between the Company and provider
Client refers to the individual or organisation that the Company’s services are being rendered to
Carer refers to an employee of Amaly Cares Limited who provides care to the client
1. General
1.1 These terms and conditions apply to all contracts for the provision of carers supplied by the Company.
1.2 No addition, amendment, or variation to these terms shall be binding on the Company unless expressly agreed in writing and clearly stated to modify, vary, or override a specific condition.
1.3 The acceptance of services by the Client, or on their behalf, by any individual provided by the Company shall constitute full acceptance of, and agreement to, these Terms and Conditions of Business.
2. Price & Payment Terms
2.1 The Contract price is based on an hourly and half-hourly rate, as applicable. This rate is payable by the Client for the services provided by the Carer supplied by the Company.
2.2 The applicable charge shall be as specified in the Contract.
2.3 Full payment for the services rendered shall be due no later than 14 days from the date of the invoice (the “Due Date”). Payment may be made via cheque, credit card, bank transfer, or direct debit to a bank account nominated in writing by the Company.
2.4 The Company reserves the right to request a security deposit, the amount of which shall be agreed upon in advance, to be held against the final payment.
2.5 An administration fee of £2.99 will apply for each replacement or duplicate invoice requested by the Client.
3. Late Payment
3.1 If full payment is not received by the Due Date, the Company reserves the right to charge interest at a rate of 10% on any overdue amount, calculated daily until payment is received in full.
3.2 The Company also reserves the right to recover from the Client any reasonable direct costs incurred in pursuing the recovery of overdue payments, including legal fees, collection agency costs, and administrative expenses.
3.3 The Company reserves the right to suspend or refuse further services if payment is not made within the agreed terms.
3.4 The Company will provide a minimum of 14 days’ notice before implementing any changes to its pricing structure.
3.5 Notwithstanding any other provisions of the Contract, the Company reserves the right to initiate legal proceedings to recover the full amount due, or any outstanding balance, at any time after the Due Date.
4. Waiver of Payment
4.1 If a Carer provided by the Company fails to meet the Client’s reasonable standards, the Client must notify the Company immediately.
4.2 If the issue cannot be resolved other than by replacing the Carer, the Company will take reasonable steps to provide a suitable replacement as soon as possible.
4.3 The Company agrees to waive charges for the period during which the service was deemed unsatisfactory, provided that the Client notifies the Company within 24 hours of the commencement of the affected service.
5. Timesheets
5.1 It is the responsibility of the Client (or their authorised representative) to ensure that each timesheet recording the Care Worker’s hours is accurate before countersigning. However, failure to countersign a timesheet does not relieve the Client of the obligation to pay for services rendered.
5.2 Timesheets serve as the official record of the hours worked and form the basis for invoicing. The information contained in the timesheet shall be deemed final and binding. It is the responsibility of the Carer to ensure his/her timesheet is countersigned and submitted as required. Timesheets must be countersigned before payment will be received by the Carer.
5.3 Any queries or disputes relating to recorded hours must be submitted in writing to the Registered Manager within four (4) working days of the Care Worker’s last day of attendance. Failure to do so may result in the charges being deemed accepted.
6. Charges
6.1 All charges are calculated based on the number of hours worked by the Care Worker during the assignment. Any agreed variations to the standard rates must be confirmed in writing and shall take effect from the date of that agreement.
6.2 The charges are inclusive of the following components:
a. Payment to the Care Worker, including applicable National Insurance contributions and holiday pay entitlement where relevant.
b. The Company’s service fees.
c. Travel, accommodation, or other expenses, as agreed in advance. If no prior agreement is in place, reasonable expenses will be charged at the Company’s discretion.
6.3 The Company operates a payroll system and, where applicable, deducts PAYE income tax and primary National Insurance contributions from payments made to employed Care Workers. The Company also accounts to HMRC for all relevant tax and National Insurance liabilities in accordance with Section 134 of the Income and Corporation Taxes Act 1988, and Paragraphs 2 and 5 of the Social Security (Categorisation of Earners) Regulations 1978.
6.4 Where a Care Worker is engaged as self-employed, operates as a limited company contractor, or is supplied through such an entity, the Company will make payments without deduction for Income Tax or National Insurance. In such cases, the Care Worker (or their company) is responsible for their own tax and insurance obligations.
7. Accommodation and Boundary
7.1 Where a Care Worker is engaged on Live-In duties, the Client is required to provide suitable accommodation and adequate meals for the duration of the assignment. For Care Workers on Sleep-In duties, the Client must provide appropriate facilities for rest or sleep.
7.2 A “suitable facility for rest” is defined as a bed in a private or semi-private space that ensures sufficient comfort and privacy.
7.3 The cost of meals, accommodation, or any other benefits in kind provided to the Care Worker cannot be deducted from the invoiced charges.
7.4 Care Workers are expected to maintain professional boundaries at all times and must not request, solicit, or in any way seek gifts, gratuities, money, or other personal benefits from the Client or their family members.
7.5 While Clients may wish to express appreciation, Care Workers must politely decline all direct offers of gifts.
7.6 If a Client still wishes to provide a gift, this must be directed through the Registered Manager.
7.7 Any concerns regarding professional boundaries or client interactions must be reported to the Company immediately.
8. Alternative Health Care Worker
8.1 The Company will make efforts to provide the same consistent Carer to ensure continuity of care but cannot guarantee a specific Carer for the entire duration of the service period due to conditions beyond the Company’s control.
8.2 The Company will use reasonable endeavours to ensure that a qualified Care Worker is available when required. However, the Company does not accept liability in the event it is unable to provide a Care Worker at any given time.
8.3 If a Care Worker fails to attend or leaves an assignment prematurely, the Client must notify the Registered Manager immediately. The Company will then make every reasonable effort to provide a replacement Carer as soon as possible.
9. Equal Opportunities
9.1 The Company is committed to promoting equal opportunities for all Care Workers and Clients, regardless of sex, age, gender identity, marital or civil partnership status, race, nationality, ethnic origin, disability, sexual orientation, or religious or philosophical beliefs.
9.2 The Company operates a zero-tolerance policy toward discrimination and will not accept or comply with any request that is unlawfully discriminatory under applicable equality and anti-discrimination legislation.
10. Liability
10.1 The Company shall not be liable, under any circumstances, for any loss, damage, or expense suffered or incurred by the Client arising from the conduct, performance, or actions of any Care Worker provided by the Company.
10.2 This exclusion of liability applies to all direct, indirect, or consequential loss, including (but not limited to) loss of earnings, emotional distress, or personal injury, except where liability cannot be excluded by law.
11. Health & Capability
11.1 All Care Workers are required to inform the Registered Manager promptly of any illness, medical condition, or disability that may affect their ability to perform their duties safely or effectively.
11.2 Upon receiving such notification, the Company will assess the situation and, where reasonably possible, make appropriate adjustments or accommodations in line with equality and health and safety legislation.
11.3 Failure to disclose a relevant condition that affects performance or safety may result in a review of the Care Worker’s continued assignment or suitability for specific roles.
12. Insurance
12.1 The Company confirms that it maintains adequate insurance coverage.
13. Permanent Engagement of Carers
13.1 If a Client wishes to engage a Carer in direct employment, or introduce him/her to a third party for direct employment, the following conditions shall apply:
a. The Client must notify the Company immediately of their intention.
b. The Client will retain the services of the Carer as an employee of the Company for a further period of 2 weeks.
c. The Client will pay the Company the sum of £4,000.00.
13.2 The Client agrees not to entice, solicit, or engage any Care Worker directly outside of the Company’s services, either during the assignment or within six months of the Care Worker ceasing to work with the Company.
13.3 If the Client breaches this clause and directly engages a Care Worker within the 6-month period, a charge of £4,000.00 will be payable to the Company.
13.4 No refund of the transfer or penalty fee shall be payable by the Company if the subsequent engagement is terminated for any reason.
14. Services Provided
14.1 The Company will take all reasonable steps to obtain from the Client sufficient information regarding the nature and requirements of the assignment to provide a suitably qualified Carer.
14.2 The Company will make reasonable efforts to deliver standard care, ensuring that Carers demonstrate appropriate skill, integrity, and reliability.
14.3 A Scope of Work detailing the tasks, responsibilities, and expectations of the Carer will be agreed in writing between the Client and the Company prior to commencement.
14.4 Each visit will be recorded on a timesheet, serving as the official record of services rendered and the basis for invoicing.
14.5 The Carer shall deliver care in line with Company values and mission.
15. Termination of the Contract
15.1 Should the Client wish to terminate the contract, a minimum notice period of four weeks must be provided in writing.
15.2 Where less than four weeks’ notice is given, the Company reserves the right to charge the equivalent of 48 hours of service as a cancellation fee.
15.3 The Company reserves the right to terminate the contract by giving the Client a minimum of one week’s notice in writing.
16. Notice of Care Cancellation
16.1 If a scheduled care visit is to be cancelled, the Client must provide a minimum of 24 hours’ notice.
16.2 Where less than 24 hours’ notice is given, the Company reserves the right to charge in full for the scheduled service.
16.3 For immediate or emergency care cover requested with less than 24 hours’ notice that is then cancelled, the Company reserves the right to:
a. Charge for up to 12 hours of service, or
b. Invoice for the full agreed period of immediate cover (whichever is shorter).
17. Fuel Charges
17.1 Where a Care Worker uses their personal vehicle to assist a Client, reasonable mileage charges will apply (based on HMRC rates or as otherwise agreed).
17.2 The Care Worker will submit a fuel claim for mileage, and this cost will be invoiced to the Client.
17.3 The Care Worker must not use their vehicle for the Client without prior approval from the Company, unless in a life-threatening emergency.
18. Holidays, Hospital Stays & Client Absence
18.1 If the Client is unavailable due to holiday or hospital admission, the Company reserves the right to charge 50% of the weekly service fee for up to two consecutive weeks.
18.2 For hourly or short-term services, if the Carer arrives and the Client is not present or refuses care without notice, the full charge will apply.
18.3 A minimum of 24 hours’ notice is required for cancellations or rescheduling; otherwise, the full fee will be charged.
18.4 If absence continues beyond two weeks, service continuation and charges will be reviewed.
19. Force Majeure
19.1 The Company will use reasonable endeavours to provide services as agreed but may suspend obligations if delivery is prevented due to force majeure.
19.2 The Company shall not be liable for any loss, cost, or inconvenience suffered by the Client as a result.
19.3 Force majeure includes but is not limited to strikes, acts of God, war, terrorism, riots, fire, flood, severe weather, pandemics, or power outages.
19.4 The Company will resume services once the event has ended.
20. Data Protection
20.1 By accepting these Terms, the Client agrees that information provided may be used by the Company to comply with obligations and relevant law. The Company may forward information to Care Workers, keep records, and use it for market research or communication of healthcare developments and company initiatives.
21. Miscellaneous
21.1 These Terms govern the contract to the exclusion of all other terms.
21.2 No variation shall be binding unless agreed in writing by the Company.
21.3 No waiver of a breach shall be considered a waiver of subsequent breaches.
21.4 These Terms are governed by the laws of England, and the Client submits to the jurisdiction of the English Courts.
21.5 If any provision is unenforceable, the remainder of the Terms shall remain valid.