Care Provider - Terms of Service
Last edited: November 2024
This Care Provider Service Agreement ("Agreement") is entered into by "you", the "Care Provider" and The Village Children Ltd, a company registered in England and Wales with company number 15501215 and a registered office at 124 City Road, London, United Kingdom, EC1V 2NX ("The Village Children Ltd," "Agency," or "we").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Introduction
1.1 Role of The Village Children Ltd: The Village Children Ltd operates as an introductory agency, connecting independent Care Providers with clients (the "Parents") seeking childcare and related services.
1.2 Independent Contractor Status: The Care Provider acknowledges and agrees that they are an independent contractor, not an employee, agent, or representative of The Village Children Ltd. This Agreement does not create an employment relationship, joint venture, or partnership.
2. Scope of Services
2.1 Services Provided: The Care Provider agrees to provide childcare and related services as requested by clients of The Village Children Ltd. The Care Provider is responsible for delivering services in a professional, safe, and reliable manner according to the specific needs communicated by the Parent.
2.2 Control Over Work: The Village Children Ltd does not control or direct how the Care Provider performs their services. The Care Provider has sole discretion over the methods and practices used, provided they meet client requirements and safety standards.
3. Engagement and Payment
3.1 Payment Process: Payments for services rendered will be collected by The Village Children Ltd from the Parent and subsequently remitted to the Care Provider. The Village Children Ltd will act solely as a payment intermediary and is not responsible for any discrepancies or non-payment by the Parent.
3.2 Weekly Payment Runs: The Village Children Ltd operates weekly payment runs. Payments will be processed and remitted to the Care Provider for hours worked in the previous week, provided that an accurately completed invoice has been submitted in accordance with the invoicing requirements.
3.3 Service Fees: The Village Children Ltd may deduct a service fee from the Parent’s payment for introducing and processing the Care Provider’s bookings. The Care Provider acknowledges that this fee is not an employee deduction and has no impact on their compensation.
4. Care Provider Responsibilities
4.1 Compliance with Laws: The Care Provider agrees to comply with all applicable laws and regulations, including but not limited to those relating to health, safety, and child welfare.
4.2 Background Checks: The Care Provider confirms that they have provided The Village Children Ltd with a valid enhanced DBS certificate and any other relevant qualifications. It is the Care Provider’s responsibility to keep such certifications up to date.
4.3 Professional Standards: The Care Provider agrees to conduct themselves professionally and maintain high standards of care, integrity, and respect when interacting with Parents, children, and any third parties.
4.4 Reporting Obligations: The Care Provider will promptly notify The Village Children Ltd of any issues, incidents, or concerns that arise during a booking that may impact the safety or well-being of the child(ren) or affect future bookings.
4.5 Insurance: As a self-employed individual, the Care Provider is responsible for obtaining and maintaining appropriate insurance coverage to protect against liabilities that may arise in the course of delivering their services. This includes, but is not limited to, public liability insurance, professional indemnity insurance, and any other coverage appropriate to their role. The Village Children Ltd will not be held liable for any claims, losses, or damages due to the Care Provider’s failure to maintain adequate insurance.
4.6 Discontinuation of Care: Once recurring care services have commenced, care providers are required to provide a minimum of two (2) weeks' written notice to terminate the contract. The notice period will begin from the date the written notification is provided to the parent and The Village. During this time, care providers are expected to continue delivering services as scheduled. Failure to provide the required notice may result in appropriate penalties or a forfeiture of compensation equivalent to two weeks of care, in lieu of notice.
5. Confidentiality and Data Privacy
5.1 Confidential Information: The Care Provider agrees to keep all information about Parents, children, and The Village Children Ltd confidential. This includes but is not limited to personal details, health information, and any proprietary information provided during or after the booking.
5.2 Data Privacy: The Care Provider agrees to handle personal data in accordance with applicable data protection laws and to use such information solely for the purpose of fulfilling service obligations.
5.3 Non-Disclosure: The Care Provider shall not disclose any confidential information received from The Village Children Ltd or the Parents to third parties without written consent, except as required by law.
6. Non-Solicitation
6.1 Non-Solicitation of Clients: During the term of this Agreement and for a period of 12 months following its termination, the Care Provider agrees not to solicit or provide services directly to any Parent introduced to them by The Village Children Ltd without going through The Village Children Ltd.
6.2 Breach of Non-Solicitation: Any direct solicitation or engagement by the Care Provider with clients introduced by The Village Children Ltd outside of our platform may result in legal action and claims for damages.
7. Indemnity and Liability
7.1 Indemnity: The Care Provider agrees to indemnify, defend, and hold harmless The Village Children Ltd, its affiliates, directors, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to:Any actions, omissions, or misconduct by the Care Provider in the performance of their services.Any failure by the Care Provider to comply with applicable laws, regulations, or this Agreement.Any claims by third parties, including Parents, arising from services provided by the Care Provider.
7.2 Limitation of Liability: To the fullest extent permitted by law, The Village Children Ltd shall not be liable for any indirect, incidental, consequential, or special damages arising from this Agreement or the Care Provider’s provision of services.
8. Termination
8.1 Termination for Convenience: Either party may terminate this Agreement at any time by providing written notice. Termination will not affect any obligations already in place for confirmed bookings.
8.2 Termination for Cause: The Village Children Ltd may terminate this Agreement immediately if the Care Provider breaches any terms of this Agreement, engages in misconduct, or fails to meet professional standards.
9. Representations and Warranties
9.1 Qualifications: The Care Provider represents that they are qualified, competent, and legally permitted to provide the childcare services agreed upon, including holding any necessary certifications, permits, or qualifications required by law.
9.2 Legal Right to Work: The Care Provider warrants that they have the legal right to work in the United Kingdom and shall maintain all necessary work authorizations throughout the term of this Agreement.
10. Tax Responsibilities
10.1 Independent Tax Responsibility: The Care Provider acknowledges that they are a self-employed independent contractor and are solely responsible for managing their own tax affairs, including the payment of income tax, National Insurance contributions, and any other taxes or contributions required by law.
10.2 Indemnity for Tax Obligations: The Care Provider agrees to indemnify, defend, and hold harmless The Village Children Ltd from any claims, penalties, liabilities, or expenses (including reasonable legal fees) arising from the Care Provider’s failure to comply with their tax obligations.
11. Invoicing and Payment Requirements
11.1 Invoicing Requirement: The Care Provider is required to submit an invoice to The Village Children Ltd for hours worked prior to receiving payment. Payment will not be processed until an accurately completed invoice has been received.
11.2 Invoice Template: The Village Children Ltd will provide a standard invoice template for use by the Care Provider to ensure that all necessary details are included. It is the Care Provider’s responsibility to submit their invoice in a timely manner, in accordance with The Village Children Ltd’s invoicing and payment schedule. The Care Provider is free to use their own style of invoice if they so choose.
12. Dispute Resolution and Governing Law
12.1 Dispute Resolution: In the event of any dispute arising under this Agreement, the parties agree to attempt to resolve the dispute through mediation before initiating any legal proceedings.
12.2 Governing Law: This Agreement shall be governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the English courts.
13. Miscellaneous
13.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or representations.
13.2 Amendments: Any amendments or modifications to this Agreement must be made in writing and signed by both parties.
13.3 Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
Acknowledgment
By signing up to our service, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
If you have any questions about these Terms, please contact us.