Terms and Conditions
The Service provided by Country Cottage Carers Ltd. is done so based on the following terms and conditions described below.
The Terms of Service are a legally binding contract between the client using the Service (“you”) and Countrywide Cottage Carers Ltd. (“Company,” “we,” “us,” or “our”). The term “Site” as referenced in this agreement means the website operated by the Company and currently located at https://countrywide-cottagecarers.com as it may be updated, relocated or otherwise modified from time to time. It includes any and all information, text, images and other materials and content appearing on or incorporated into that website. The terms “Country Cottage Carers” or “Service” include the Site or any other web sites, networks, software, mobile applications, features, messages such as emails that we may send you and services, whether on-line or off-line, owned or operated by the Company.
By using the Service provided by Country Cottage Carers Ltd, you:
- acknowledge and agree that you have read, understood and agree to the Country Cottage Carers Ltd. Terms of Service (the “Terms” or “Terms of Service”) as updated from time to time, which govern your use of the Service. You may use the Service only as set forth in these Terms;
- Terms Governing Access and Use of the Service Provided
Your access to and use of the Service is conditional on your agreement to and compliance with these Terms. You agree that by browsing, clicking in or accessing the Site that you have read these Terms and agree to be bound by them. You will be required to sign an agreement with Countrywide Cottage Carers Ltd. in regard of these Terms when you become a client of the Business, although by accessing the Site and Service, the Terms are automatically implied.
- About Country Cottage Carers Ltd.
Countrywide Cottage Carers Ltd. is a Company specifically established for connecting individuals who are looking to engage self-employed, proficient, carers to provide live-in care (known as a “Placement”), with self-employed care professionals that are part of Countrywide Cottage Carers Ltd. network of Carers (each shall be known as a “CP” (Care Provider) that may be available to perform such a Placement.
We take your privacy seriously. For details about how we use your personal data please refer to: www.countrywide-cottagecarers/privacy. To ensure we have your most up to date personal data, you agree to provide us with updates to personal data we hold about you.
- Our Care Providers
The Company checks the backgrounds of each CP via third party background check services; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such CP. Accurate, reference checks do not necessarily predict future behaviour of a CP.
It is solely the responsibility of each CP, and not the Company, to determine whether they are qualified and capable of completing a particular Placement.
You will be given the opportunity to state whether you have a preference for a female or male carer. We will always do our best to ensure that your preference is met, however, we cannot guarantee this particularly in emergency call-out circumstances or when covering for sickness absence.
We like the CP’s to have a good night sleep to be able to provide the client with standard of care required throughout the day.
CP’s will provide occasional support during the night e.g., if the client is ill or takes a fall, however, if the client requires continual support to access toilet facilities or have regular medication, the Service may need to extended to include a night carer.
- Care Plans
The CP will work with the client or their identified representative to provide an agreed Care Plan.
The client or their representative may make changes to the care plan as the need arises. Changes to the care plan should be made in consultation with the CP, amended in writing, signed and dated and must be made only in the best interests of the client.
The Company is permitted to hold photographs of the client for identification purposes and care records.
All care plans will include the right for the CP to call the emergency services to attend the client whenever they consider it necessary to do so even if at the time the CP is directly instructed not to do so.
- Access to your home and property
You authorise the CP to be in the client’s home alone provided that the purpose of this is to deliver the agreed care and support services.
It is your responsibility to provide a general statement of house rules by which you wish the CP to adhere to upon taking on the Placement.
You authorise the CP to hold keys to access the client’s home to enable the delivery of the agreed care and support services and for “live in” purposes.
You may, at your own discretion, enter into an agreement with your CP to drive your vehicle. Countrywide Cottage Carers Ltd. accept no liability for any injury or damage caused. It is solely your responsibility to ensure the correct insurance and documentation is in place for this to legally take place.
When you book a Placement or deal with a CP, you should ensure that you use common sense and caution to ensure protection of yours and others’ personal property and safety.
The Company will not be liable, to the extent permitted by law, for any claim, injury or damage arising in connection with your use of the Country Cottage Carers Ltd. Service.
- Care Provider Rights
CP’s have various rights pursuant to the law which includes (without limitation):
- A minimum break of 2 hours per day within daylight hours. At the request of the CP, it is permissible for these breaks to be banked but only upon agreement between the client and CP; and
- Hygienic living conditions which include a separate bedroom and suitable bathing and toilet facilities, clean bedding and provision for food.
- Our charges
Method and Timing of Payment
There will be a 1-off registration fee that is payable to Countrywide Cottage Carers Ltd. upon agreement to
use the service.
We will agree a weekly fee with you for the live-in care and the introductory service.
This will be invoiced by Countrywide Cottage Carers Ltd. fortnightly, in advance.
The invoice will be in two parts; the first part will be the payment to Countrywide Cottage Carers Ltd. for the introductory service and the second part will be invoice you are required to pay the C.P.
The weekly fee covers the transport costs for the CP to arrive at the client’s home at an agreed time in a COVID-19Secure way without the need to travel on public transport ensuring no hidden travel costs to the client and minimising the risk of COVID-19 transfer.
Payment is to be made within 7 days of the invoice date or the Agreement of the Provision of Care Services will be terminated.
The total amount will be payable to the CP and to Countrywide Cottage Carers Ltd. by Direct Debit, 7 days, in advance.
Countrywide Cottage Carers Ltd. will not be liable for any pay disputes between the client and the CP.
Increase in Charges
The fees and costs of the Service will be periodically reviewed, ordinarily in April every year.
You will be given at least one months’ notice of any increase in the fee, which will apply from the end of the notice period.
Charges during periods of temporary absence from your home
The full fee applies during any temporary absence e.g., due to holiday, visiting relatives/friends or hospitalisation (this list is not exhaustive).
Fees for Placements
The Company will charge you for Placements by invoicing and Direct Debit payments will be required in advance as outlined above and specified in your account details. You agree to provide the Company updated information regarding your account details upon the Company’s request and any time the information earlier provided is no longer valid.
- SMS Messaging
When you sign up for the Service, the Company may need to send you SMS Messages in order to confirm your phone number or keep you informed about your CP for the Placement. Some of these messages may be necessary for the fulfilment of the Service and cannot be opted out of. Depending on your current phone service provider, you may incur Fees for these SMS Messages and agree to not hold the Company liable for any Fees incurred.
You may provide the Company with information and feedback regarding the features and performance of the Service, including reports of failures or errors you encounter with the Service (the “Feedback”).
Feedback provided to the Company may be used by the Company to improve the Service and you hereby grant the Company to use such Feedback without restriction.
Positive feedback may be used in publications, on the website or on other social media platforms. We will ask your consent to name you and you may refuse. Your comments may still be used but identified as being given anonymously.
- Notifications; Modification of Terms
- Company Intellectual Property
Your rights with respect to the Service extend only to the Service provided within the Terms of Service. You acknowledge and agree that the Company own all rights to the Service, including all intellectual property rights. The Service is protected by copyright, trademark, trade secret and other laws of the United Kingdom. Except as expressly permitted in the Terms of Service, you may not reproduce, modify or otherwise use or exploit any part of the Service, including any information or documentation provided to you throughout the terms of the Service, prior to or thereafter.
The entire contents of the Service Provision are protected by copyright as a collective work. The Company owns a copyright in all aspects of the work. You may not create personal data collection based on any aspect of the Service including materials contained within the Service or on the Site, either electronically or physically.
Although we have both employer’s liability and public liability insurance cover, these do not cover your personal possessions or any obligations you may have to third parties.
- Prohibited actions
You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with use of the Service:
- circumvent or attempt to circumvent any processes, procedures, polices or agreements related to the Service;
- send unsolicited email, spam, promotions or advertisements for products or services;
- in any way use the Service to send altered, deceptive or false information;
- impersonate or misrepresent your affiliation with, or your lack of affiliation with, any person or entity within the Service;
- use the Service in violation of the Company’s or any third party’s intellectual property or other proprietary or legal rights;
- use the Service in violation of any applicable law or request that an CP provides a service which would violate applicable law.
Any violation of the Terms of Service, will automatically terminate your permission to use the Service. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service for any reason or no reason at all where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the Company or any third party or in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any postponement or cancellation of your access to or use of the Service. You may terminate this Agreement, and your account, at any time by contacting customer service at email@example.com
The Company is not responsible for the conduct, whether online or offline, of any user of the Country Cottage Carers Ltd. Site.
- Temporary cancellation of your care service
If you wish to cancel your care service on a temporary basis, you must advise us in writing or by telephoning us on 01656 335420 , if possible, at least 28 days in advance. The charging structure outlined in clause 7 will apply in these circumstances.
- Cancellation Policy
If either party wishes to cancel the Service, a minimum of 28 days’ notice of cancellation is required. Notification by the Client or their representative must be sent by email to the Company address firstname.lastname@example.org or by phone on 01656 335420 . Your charges will end on the date you permanently stop receiving the service.
In the event of death, the CP will remain in the Placement to provide family support until the end of the current fortnightly billing period.
The actions taken by the CP upon death of the client will attempt to take full account of the known wishes of the client and their family, as notified at the time of the Care Services agreement.
If the CP feels they are no longer able to meet the clients care needs or if the account is not paid within the terms outlined, the Company have the right to permanently cancel the Placement by giving you at least one week’s written notice.
There is no excuse for rudeness, inappropriate or aggressive behaviour towards CP’s or Agency staff and, therefore, the Company have the right to permanently cancel the Placement with immediate effect if this is deemed at the Company’s absolute discretion to have taken place.
You agree that you will be personally responsible for your use of the Service and you agree to defend, indemnify and hold blameless the Company, its officers, directors, employees, consultants, affiliates and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable solicitors’ and accounting fees and costs, arising out of or in any way connected with your access to and use of the Service, your violation of the Terms of Service or any representation, warranty or agreements, your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right, any claim or allegation of a third party that the Company has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral and any disputes or issues between you and any CP or third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to redress by you, and in such case, you agree to cooperate with our defence of such claim. You will not, in any event, settle any claim or matter without our written consent.
- Use of the Service is entirely at your own risk
You expressly understand and agree that your use of the Service is at your sole risk and that the service is provided “as is” and “as available”. The Company expressly excludes all contracts and conditions, (whether implied by statute, common law or otherwise and including any warranty as to fitness for purpose and satisfactory quality and non-infringement) to the maximum extent permitted by law.
When you use the Service to request and have an CP perform a Placement, you understand and acknowledge that no CP has any authority to make any amendments to these terms and that any statements, representations or warranties made by a CP or any third party are disclaimed by the Company and do not change or impact in any way these terms. Apart from the fact that the Company meets each CP in person where possible to do so or via video call when not possible, the Company makes no representation or warranty regarding the quality, reliability, safety, completeness fitness or nature of any Services provided by a CP.
- Complaint’s procedure
Our reputation depends on our consistent provision of high-quality care, however, despite our best efforts, sometimes things go wrong. We want to know quickly if you, your family or your representatives are dissatisfied with any aspect of the home care services provided by you CP for you. We have a complaints procedure which should be followed to make a complaint. A copy of the procedure will be provided upon becoming a client. The Company would very much appreciate the opportunity to address concerns prior to publicly posting discontent on social media platforms.
- Limitation of Liability and Release
To the extent permitted by applicable law, the Company disclaims all liability to you in connection with the Company’s performance under these Terms and Conditions, including but not limited to liability for loss of profits and other consequential losses. Except in the case of death or personal injury caused by the Company’s negligence, the liability of the Company under or in connection with these Terms and Conditions whether arising in contract, wrongdoing, negligence, breach of statutory duty or otherwise shall not exceed the Fees paid by you to the Company in the last two months under these Terms and Conditions.
Neither Party shall be liable to the other Party in contract, wrongdoing, negligence, breach of statutory duty nor otherwise for any loss, damage, costs or expenses of any nature incurred or suffered by that other Party of an unintended or intended nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The limitations of damages set forth above are fundamental elements of the basis of the agreement between the Company and you.
- Important information for client’s representative
If you are the representative of the client and the authorised signatory on the client’s behalf, the terms and conditions will apply to you in the same way as they apply to the client. You will be personally bound by these terms and conditions unless you have signed in the capacity of:
- The client’s validly appointed counsel under either an enduring or lasting power of attorney and that power of attorney remains valid; or
- The client’s validly appointed receiver.
If you are the client’s validly appointed counsel or receiver at the time of becoming a client, it is your responsibility to ensure that your appointment remains valid (e.g., by registering an unregistered enduring power of attorney at the time it becomes registrable) or any changes need to be advised, in writing, to the Company.
If your appointment as the client’s counsel or receiver ceases to be valid, you will immediately become personally responsible for the client’s obligations under these terms and conditions.
Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation the Service.
In the event that any part of the Terms of Service is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Our liability to you in respect of the Placement will not exceed the total price paid by you for the Placement, whether such cause of action is brought in contract, wrongdoing, warranty or otherwise.
Notwithstanding the above, nothing in these Terms and Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for death or personal injury resulting from our negligence.
- Events beyond our control
We shall have no liability to you for any failure of the CP’s to perform the Placement you have ordered, or any delay in doing so that may be caused by an event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of CP’s to perform their job role, flood, fire, explosion, acts of terrorism, accident or natural disasters (including regional, national, global pandemics).
If any of the terms of these Terms and Conditions are deemed invalid or unenforceable for any reason, they will be severed from the rest of these Terms and Conditions, which shall remain unaffected.
- Entire Agreement
- Third Parties
Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 (“Act”) to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
- Governing Law
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of England and Wales as they apply to agreements entered into and to be performed entirely within England and Wales by UK residents, and without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted, you and Company agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales for the purpose of litigating all such claims or disputes.
- Contact Information
If you have any questions regarding the Terms of Service or the Service, please contact us at
email@example.com or by mail at:
Countrywide Cottage Carers Ltd.,
1B Chappel Barns Business Centre, Merthyr Mawr, Bridgend, Wales, CF32 0LS
Country Cottage Carers Ltd. defines itself as an introductory agency pursuant to the Health & Social Care Act 2008