Supplier Terms & Conditions TLC Live-in Carers

(1) “Agreement” means any agreement, (incorporating these Supplier Terms and Conditions and of the terms and conditions and policies on the Website) which is formed between us when we provide Introduction Services to a Supplier.

(2) “Client” means the person(s) and/or organisation that use our Website and our Introduction Services to be introduced to Suppliers who supply them with Supplier Services.

(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 Fees” means payment for the Introduction Services which we provide to you as a Supplier.

(5) “Introduction Fee Sheet” means information provided to you for each Client which provides details of the Introduction Fees payable to us as a result of that Client’s introduction.

(6) “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 able to meet those needs. It does not consist of arranging or providing any type of personal or care services (Supplier Services).

(7) “Supplier Proposal” or “Care Proposal” means the document provided to the Client which provides basic details of the Supplier Services which the Client requires to be provided to them directly by the Supplier.

(8) “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 any Agreement. 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.

(9) “Supplier” or “you” means the registered business we introduce to a Client and who agrees to provide Supplier Services to that Client.

(10) “Supplier Invoice” means an invoice submitted to a Client in respect of Supplier Services provided to the same Client.

(11) “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.

(12) “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.

(13) “We”, “Us”, the “Organisation” means the organisation who owns this website and supplies introduction services, TLC LIVE-IN CARERS, trading as TLC LIVE-IN CARERS, whose Registered Office is at 4th Floor Silverstream House 45 Fitzroy Street LONDON W1T 6EB.

E-mail address tlccare@mail.com
Telephone 07940 911677
We are not registered for VAT.

(14) “Website” means the Website and all contents at tlclive-incare.com

(15) “Working Day” means any day from Monday to Friday inclusive, from 9am to 5pm, but excludes all public holidays in England and Wales.

(1)(a) You confirm that the use of the Website, our Introduction Services and the provision of Supplier Services will always be by a Registered Business and confirm that you have the legal right to do so.

(b) You specifically confirm that you take full responsibility for any individual or organisation who uses the Website, our Introduction Services or who provides Care Services on your behalf.

(c) You confirm that you have read and understood and agree to be bound by these Terms and Conditions.
By your acceptance of these terms you are in acceptance of all our stipulations contained within these supplier terms and conditions. You accept these terms and conditions irrespective of your knowledge of our website or our trading name as Introducers.
By accepting as a supplier to a client requirements means wholly and totally your acceptance of any of the terms and conditions relating to supplier and client.

(d) You specifically agree that you are in total agreement of these supplier terms and conditions by using our introduction services as a supplier. Not to have read or agreed these terms is not a defence in law it is incumbent upon you as a supplier to be fully aware of these terms and conditions. Additionally where a client chooses to use our invoice and payment option if the client does not then pay for whatever reason including death of the client then you as a supplier of our introductory service agree totally that we as an introducer are not liable for any payment due to you and you cannot pursue any outstanding fees due to you as a supplier from us as the Introducer. Any outstanding payment owed to you as a supplier as such is not enforceable in a court of law anywhere in the UK and you as a supplier totally agree and accept this by taking on supplier services. Your acceptance is agreed by you by using our service.

(e) You are prohibited as a supplier from expressly making any negative, slanderous or defamatory comment on every and all social media platforms anywhere in the world that slanders defames or libels any of our trading platforms or websites or any individual directly involved in those trading platforms and websites. It is incumbent on you as a supplier and a registered business to be aware of all and every trading platform and website you agree to be a supplier for and you accept that your non knowledge of these trading platforms or websites is totally and wholly your responsibility in law and totally indemnifies the Introductory services offered by all and every one of these trading platforms and websites that we operate solely as Introducers. If you do this you would be liable to a payment of £5000 within 30 days of proof of negative statement which you accept and agree to as a contract between you as a supplier and us as an introducer and which is enforceable in a court of law anywhere in the world.

(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 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 provision of 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.

(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 tlccare@mail.com

(2)(a) Once the Client contacts us and provides details of the Care Services required, we will contact the applicable Supplier(s) who would be prepared to provide such appropriate Care Services to the Client. You authorise us to commence this as soon as we have received the information from the Client and to share all and any information which you have provided to us regarding you, your business and your Care Services with the Client.

(b)(i) Every Supplier who provides any form of Care Services included, but not limited to, personal care (any Regulated activity relating to adults, particularly vulnerable adults as defined in Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 and such other relevant legislation) to a client 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. Please note that, in addition, any individual carer provided by you is required to hold current Personal Carer insurance.

(iii) However, we are merely introducing a Client, to a Supplier (we do not arrange nor provide any care services ourselves) and it is the Client’s responsibility to carry out any checks and take up any references as they may require before entering into an agreement with that Supplier. We make no warranty or guarantee about any Supplier nor for or about the Supplier Services they provide.

(3)(a) We will then facilitate for both Client and Supplier to reach their agreement together as to

(i) exactly what Supplier Services are required and to be provided and

(ii) when the services are to be provided and

(iii) the price to be paid, by the Client, for the 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 contact

(i) the Client directly within 7 working days or to comply with the Client’s timescale, whichever is sooner, as applicable and confirm a start date with the Client

(ii) advise us by email to team@letemp.care 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 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 and will

(i) arrange and deliver any Supplier Services to the Client and

(ii) invoice the Client (or such other person or organisation who is responsible for payment to you) in respect of fees due to you for Supplier Services and for collection of such payment due

(5)(a) Details of our Introduction Fees and the amount due from you in respect of our Introduction Services to you will be as specified on the Introduction Fee Sheet, which we will provide you with for each Client Introduction or such other rate as we may subsequently agree in writing with you. Where an Introduction Fee Sheet is not provided then the Introduction Fees payable by you each week are (a negotiable amount) or a (negotiable) % of the total amount that you are paid by the Client in the week that the Introduction Fees are payable.

Please also see clause 5 following.

(b) Your payment of Introduction fees is due to us irrespective of whether your Client fails to make payment due to you for any Supplier Services for which you have raised an invoice.

(c) The Client does not pay for our Introduction Services.

(6) Suppliers will provide details of the Supplier Services and Suppliers understand that anything which they supply must comply with the law, their agreement/contract and the Supplier obligations (see clause 6 following).

(7)(a) We make no warranty against electronic virus, worms or any other fault or defect or problems which may occur as a result of anything we send to you.

(b) If we have specifically agreed to supply any information, report or documentation, it will be in whatever format and contain the information that we, in our sole and absolute discretion, deem appropriate.

(8) 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.

By agreeing to use our Introduction Services you specifically agree that

(1)(a) Introduction fees are payable by you when we make an introduction to you which results in you providing services to or for the benefit of one or more of our Clients.

(b) An introduction occurs when we either

(i) provide any of your information to a Client or to any person(s) (such as family) or organisation on their behalf or

(ii) we provide you with any information or details about a Client or any person or organisation on their behalf whichever occurs first.

(c) Information means anything which would enable a Supplier to potentially identify a Client or vice versa and can be provided in any format whatsoever, including orally or on paper and in electronic format.

(d) Following any introduction, irrespective of whether the Client proceeds to accept a Care Proposal or not, you, the Supplier, agree that all and any Care Services provided by you, or any person or organisation on your behalf (including, but not limited to, those in which you have an interest) or which has been referred by you to a Client or for the benefit of that Client will mean payment of our Introduction Fees becomes due, both at any time during the term of our agreement and for a period of 2 years from the date that any agreement between us is terminated (the “Agreed Period”).

(2)(a) Unless clause 4(2)(b) following applies, payment of Introduction Fees to us is in accordance with these terms and conditions at the rate specified on the Introduction Fee Sheet which we will provide you with for each Client Introduction, or such other rate as we may subsequently agree in writing with you. Where an Introduction Fee Sheet is not provided please see clause 3(5)(a) above.

(b)(i) Following termination of this agreement, during the Agreed Period and/or where you have not directly involved us (for example you have relied on a previous Introduction) you agree that you will either provide us with a copy of any such Care Proposal or all of the details and information which would normally be contained in such a Care Proposal.

(ii) Where you fail to provide us with the information detailed at clause 4(2)(b)(i) above then you will be charged the sum of £200 for each week and for each Client to whom you provide Care Services as a result of our Introduction Services

(3)(a) Although we will usually raise an invoice for Introduction Fees due in accordance with the Care Proposal you provide to us, Introduction Fees are payable in respect of each amount (or value of benefit) which you receive from a Client as a result of our Introduction Services

(b) Introduction Fees are payable are within 7 days of the date that

(i) we provide you with an invoice for Introduction Fees or

(ii) any payment is made by a Client to you for the relevant Care Services

whichever is sooner

(c) Payment should be made to us by Bank Transfer or using any other payment methods as stated on the invoice.

(4) Where payment or any part payment from you for Introduction Fees is overdue (such as if there are problems with the payment method or payment is not made by a Client or does not clear or is not made on time), then we reserve the right to

(a) Immediately cease or suspend any Introduction Services until we receive full cleared payment.

(b) 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 we receive cleared payment of all outstanding amounts and may recover reasonable costs in obtaining payment.

(5) Unless you have our express written permission, any attempt to avoid payment of Introduction Fees or any part thereof is a breach of these terms and conditions and any agreement between is immediately terminated. You will you be liable for the Introduction Fee, any interest due in accordance with this clause and any loss of business and legal expenses that we may incur in recovering payment from you.

As part of our terms and conditions with Clients, they confirm and agree that:

(1) They understand that we provide Introduction Services by bringing together Clients and Suppliers and we do not supply Care Services. Therefore, we have no liability in respect of any Care Services.

(2)(a) They will enter into a formal agreement with their chosen Supplier and will be required to comply with the terms and conditions of that Supplier and

(b) that they will be liable to make the agreed payment for the Care Services to us on behalf of the Supplier as and when it becomes payable on the basis that we assist with invoicing and collection of payment as part of the administrative duties of our Introduction Services

(3)(a) Introduction Services are provided to Clients on the basis of the details and information supplied so it is important that they provide detailed and accurate information to us.

(b) Clients are happy for us to share their details and any information which they provide with Suppliers.

As a Supplier you confirm and agree that:

(1) You understand that we provide Introduction Services, bringing together Clients and Suppliers and we do not supply 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) You have read and understood our Supplier Terms and Conditions and agree to be bound by them.

(3) You confirm and agree that

(a) You are a Registered Business and will provide, as applicable, evidence of limited company incorporation or of trading in a business capacity to us as we may require and request from time to time.

(b)(i) you have a current and valid registration with HM Customs and Revenue 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 your business as a result of any Introduction Services and

(ii) you will provide us with satisfactory evidence of this as and when we request and

(iii) you are solely responsible for payment of such taxes and liabilities referred to in clause 6(3)(b)(i) above as and when they fall due

(c) You are responsible for all payments to each individual carer who will supply Supplier Services on your behalf.

(d) You will provide, as applicable, evidence of limited company incorporation (or of trading in a business capacity where you are based outside the United Kingdom) to us as we may require and request from time to time.

(e) Prior to starting to provide any Care Services, you will provide Clients with full details of the Care Services to be provided and terms and condition of business and relevant information including, but not limited to, any information which must be provided to consumers by law, particularly the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.

(4) During any time that you provide any relevant Care Services to any Client as a result of our Introduction Services, you confirm and agree that

(a) You will 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 you provide and will not be suspended or otherwise prohibited from supplying such Care Services. For example, if you are providing care in a Client’s own home in Wales you will hold a current and valid registration with the Care and Social Services Inspectorate for Wales (CSSIW).

(b) You will supply all Care Services to the best of your ability, with reasonable skill and care, to a reasonable standard and in accordance with your 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, and the Supplier’s Care Services Commitment which are attached at Schedule 1 of these Terms and Conditions. You 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 you are a member.

(5)(a) You will ensure that you hold current and valid insurances which are required for your business, for each individual carer who will be supplying Care Services on your behalf, and relating to any Care Services to comply with legislation, regulations and best practice.

(b) This includes ensuring that each individual carer who will be supplying Supplier Services on your behalf holds current and valid Personal Carer insurance and

(c) You will provide us with copies of such Personal Carer insurance when we first provide Introduction Services to you together with any other such insurances as and when we require and confirmation of any amendment/change/new issue of insurance within 7 days of the date of any such amendment/change/new issue of insurance.

(6) You will provide 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 Services on your behalf and will provide us with confirmation of any such amendment/change/new issue information/documentation within 7 days of the date of any such amendment/change/new issue.

(7) You understand that we reserve the right to refuse to introduce/continue introducing any organisation and/or specific individual where we, at our sole discretion, believe that you  

(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 in 6(5) and (6) 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.

(1) Since we, as a business, are supplying services to you as a business the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the Consumer Rights Act 2015 and any other such consumer legislation will not apply.

(2)(a) You can cancel your use of our services by letting us know this in writing, using the address at 1(12) above giving us 7 days notice

(b) Any Introduction Fees already incurred remain payable to us.

(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.

(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(13) 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 profession 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 tlccare@mail.com and to you using the email address on your most recent 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(13) above and to 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 Royal Mail obtains a record of receipt from or on behalf of the addressee.

(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 any Client or 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) 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.

(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 Clients in order that Introduction Services and Supplier Services can be provided.   

(1) Signature: (a) Any Agreement between us can be executed in any number of counterparts, and by the parties on separate counterparts, each of which shall be deemed an original, but the agreement shall not be effective until each of the parties has executed at least one counterpart.

(b) The counterparts of this Agreement and all and any Ancillary Documents, may be executed by electronic signature and delivery by electronic means by one party to the other and the receiving party may rely on the receipt of such document so executed and delivered as if the original had been received.

(2) Third Party: Other than as specifically provided for, nothing in these Terms or any Agreement with you 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.

(3) No Joint Venture: You agree that nothing in these Terms and Conditions will be deemed to create any partnership, joint venture or agency relationship between us.

(4) Force Majeure: 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.

(5) Waiver: 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.

(6) Invalidity – Each clause or any part at all of these Terms and Conditions and any Agreement is to be regarded as independent of the others. This means that should any clause or any part thereof be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of our Agreement. 

(7) Jurisdiction – Save as otherwise provided for herein, these Terms and Conditions and any Agreement shall be interpreted, construed and enforced in accordance with English law. It is agreed between the parties that any disputes will be settled by either commercial mediation or Arbitration only.

Supplier’s Care Services Commitment

We provide Introduction Services – we are a venue and facilitator introducing and bringing together Clients who need Care Services (Supplier Services) and Suppliers who are wish to supply those Care Services.

Clients are not purchasing Supplier Services from us but from you as an individual Supplier who will provide Live-in Care Workers. However, all Suppliers agree to provide Live-in Care Workers to Clients and will, in addition to the standards detailed within your normal terms and conditions, commit to the Client to meet the following requirements:

(1) All Clients are individuals who will have received a person-centred holistic assessment of their needs and this will form the basis of their care plans.

(2)(a) The Supplier will meet their Client’s needs and to ensure they are supported as detailed in their care plan ensuring at all times that their privacy, dignity and independence is maintained.

(b) This will include not only assisting with the Client’s personal care needs but also their social welfare.

(c) All Care Services must always be provided in accordance with the requirements of the Supplier’s relevant regulatory body and any additional relevant legislation, recognised standards and codes of practice.

(3) A Care worker will work as directed by the Client and where applicable with the Client’s family as detailed in the individual care plan. The Supplier will aim to ensure that any 24-hour live-in care is to enable Clients to remain in their homes with as much independence as possible by carrying out the tasks in a professional, discreet and caring manner whilst respecting the Client’s dignity, privacy, property and confidentiality.

(4) Suppliers, through each of their individual Live-in Care Workers, will provide the following as part of their Care Services.

To ensure that all duties directed by the Client and, where applicable, by the Client’s family are carried out in full.

To support and assist the Client in maintaining a high standard of cleanliness and personal hygiene at all times and in a respectful and dignified manner. For example, as applicable, assisting with toileting, washing, catheter care or change and ensuring the toilet/commode/bath etc. are always clean.

To ensure the Client is always comfortable, particularly if they require manual handling.

Prepare meals and refreshments in accordance to the requests and dietary needs of the Client.

To ensure the Client’s home is always clean and tidy and that household chores such as cleaning, washing, vacuuming, dusting etc are done regularly and in accordance with the Care Plan.

To inform the Client’s family immediately with regards to any emergency situations, or if the client exhibits a noticeable change in their behaviour or care needs.

To work supportively and pro-actively alongside GPs, nurses, physiotherapists and any other professionals involved in the care and wellbeing of the Client.

Maintain awareness of the role as individual Live-in Care Worker in providing assistance, guidance and support to the Client, enabling them to remain as independent as possible.

To inform the Client’s family if there is any suspicion of abuse from anyone towards the Client.

(1) The Supplier Services which are required are as per the Client Proposal to be attached.

(2)(a) We are not responsible in any way to the Client for arranging or providing your Supplier Services and it is your sole responsibility to agree exactly what the Client requires.

(b) However, in view of our Introduction Services to you and the administration we provide

(i) You must notify us by email, using the email address above and within 3 days of the Client notifying you, if the Client wishes to make any changes to your Supplier Services and/or the Proposal. For example, if the Client wishes to changes the hours during which you provide Supplier Services or wants to bring the Supplier Services to an end.

(ii) Irrespective of your own terms with any Client you must notify us by both telephone and email, using the email address above and within 1 Working Day of any changes made to your Supplier Services and/or the Proposal. For example, if you provide less or more hours of Supplier Services in a particular week.

(3) The Organisation’s Terms and Conditions which apply to this Supplier Project Sheet are those which appear in Appendix 1.