No1 Healthcare Private Carers (referred to as “No1 Healthcare,” “we,” “us,” or “our”) is pleased to make its care Introduction and Management Services available to You on the following terms and conditions. These Terms and Conditions of Services (referred to as “Agreement”) form a legal contract between an individual using our Services (“You,” “Customer,” or “Care Recipient”) and No1 Healthcare.
Agreement means this Agreement, including these terms and conditions, and No1 Healthcare’s Privacy Policy as updated from time to time.
Care Appraisal or Care Assessment means the document containing information completed by the Customer for and on behalf of the Care Recipient, detailing the level of care support required from an Independent Care Professional (ICP), and the Care Recipient’s medical conditions, medication, and any other needs relevant to the provision of care during a Placement.
Care Plan means the detailed plan of care to be provided by the ICP during the Placement, to be agreed upon between the ICP, Customer, and Care Recipient, and facilitated by No1 Healthcare.
Care Recipient means the individual who receives care during any Placement.
Customer means the individual or entity who engages with No1 Healthcare to arrange a Placement with an ICP for a Care Recipient.
Effective Date of Termination means fourteen (14) days after the Termination Notice has been served on the receiving Party, or such other date as provided for in this Agreement.
Feedback means information requested from the Customer by No1 Healthcare regarding the provision of the Services or the ICP’s performance.
Fees means the total amount due by You to No1 Healthcare for the ICP’s services during a Placement, which includes the ICP’s compensation and No1 Healthcare’s service charge.
ICP means an Independent Care Professional, a self-employed individual introduced by No1 Healthcare who provides care during a Placement.
Live-in Care means a Placement where an ICP resides with the Customer or Care Recipient for the duration of the Placement.
Live-out Care means a Placement where the ICP resides elsewhere, other than the Customer or the Care Recipient’s home, for the duration of the Placement.
Notice means all notices, requests, consents, claims, demands, waivers, and other communications included in this Agreement.
Notice Period means fourteen (14) days for both Parties, unless a material breach of this Agreement occurs.
Personal Data means any information relating to an identified or identifiable natural person.
Placement means in-home care services provided by an ICP, facilitated by No1 Healthcare.
Privacy Policy means the document published on No1 Healthcare’s website and updated from time to time.
Services means the care introduction, vetting, matching, and ongoing management services provided by No1 Healthcare, including access to our website, communications (such as emails or messages), and any other services, whether online or offline, owned or operated for or on behalf of No1 Healthcare from time to time.
Terms means these terms and conditions, this Agreement, and any No1 Healthcare terms and conditions as updated from time to time, which govern Your use of the Services.
You means You, the Customer, contracting with No1 Healthcare for the arrangement of care during any Placement.
By accessing or using No1 Healthcare's Services, You agree and confirm:
Your access to and use of our Services is expressly conditional on Your agreement to, and compliance with, this Agreement. You agree that by engaging with No1 Healthcare in any way, You have read these Terms and Conditions and agree to be bound by them.
2.1: No1 Healthcare Services provide a comprehensive service for connecting individuals who are looking to engage self-employed Independent Care Professionals (ICPs) to provide in-home care (each a “Placement”), and ICPs who are part of No1 Healthcare’s vetted network and are available to perform such Placements. No1 Healthcare conducts thorough background checks on each ICP via third-party background check services. However, No1 Healthcare does not directly employ the ICPs and, therefore, does not guarantee or warrant, and makes no representations regarding, the ICPs' direct employment by No1 Healthcare. It remains the sole responsibility of each ICP to determine their qualifications and capabilities for a particular Placement. It is the sole responsibility of each Customer to ensure they are satisfied with the suitability, qualifications, and capability of each ICP for each Placement, including checking any ICP’s Right to Work documentation which will be made available to You by No1 Healthcare upon request. When You book a Placement or deal with an ICP, You should ensure You use common sense and caution to ensure the protection of personal property and safety, including by supervising ICPs as You would supervise anyone providing a service to You whom You did not previously know.
During any Placement, the ICP works directly for You.
LIVE-IN CARE 2.2: For Live-in ICPs, You hereby agree to provide each ICP with the following, in accordance with applicable law:
2.2.1: A minimum break of 2 hours per day within daylight hours. At the request of the ICP, it is permissible for these breaks to be banked to provide a longer individual break, but the minimum duration for banked breaks must be 14 hours over 7 days. 2.2.2: Sanitary living conditions must include (i) a separate bedroom and suitable bathing and toilet facilities; (ii) clean bedding; and (iii) provision of ample food. In respect of (iii), we recommend a minimum sum of £40 per week for the cost of the ICP’s food.
LIVE-OUT CARE 2.3 Live-out ICPs: You and each Live-out ICP will be responsible for agreeing upon hours and duties directly for any Placement. Live-out ICPs may not be entitled to the same breaks or other accommodation as Live-in ICPs during the Placement.
3.1 When You confirm a Placement booking, No1 Healthcare will manage the payment mechanism for the ICP services and our service charges (“Fees”). Fees are non-refundable (unless You provide No1 Healthcare with a minimum of 48 hours’ notice before the Placement is due to start) and will be charged to You in accordance with No1 Healthcare’s pricing schedule, which No1 Healthcare may update from time to time. You will be informed by No1 Healthcare of any changes made to the amount or basis of any payments due from You. You are liable for any and all taxes (other than taxes based on No1 Healthcare’s income) related to the Placement performed by ICPs, apart from the ICP’s own income tax accountability which is met directly by each ICP.
3.2 No1 Healthcare will charge You for Placements through the payment method specified in Your account (e.g., a credit card or debit card). If You pay any applicable Fees with a credit card, No1 Healthcare may seek pre-authorization of Your credit card account prior to the Placement starting to verify that the credit card is valid and has the necessary funds or credit available to cover Your requested Placement.
3.3 You agree to No1 Healthcare authorizing any designated credit card, debit card, or other payment method or account to pay any Fees described herein, and authorize No1 Healthcare to charge all sums due at any time to that designated account. You agree to provide No1 Healthcare as soon as possible with updated information regarding Your designated credit card and account or upon No1 Healthcare’s request, and any time the information previously provided is no longer valid.
3.4 You are responsible for ensuring all billing and contact details are up to date to ensure invoices sent by No1 Healthcare are accurate and payments received by No1 Healthcare are on time, with no delay.
3.5 No1 Healthcare reserves the right to charge You an additional administration fee of £25 if the payment details You have provided become out of date, and You have not provided No1 Healthcare with new payment details within 5 working days, or immediately upon request by No1 Healthcare.
3.6 You agree that You will pay all and any invoices received from No1 Healthcare within 7 days after receipt of any invoice.
3.7 If, within a period of 6 months after No1 Healthcare has introduced an ICP to You, You decide to engage that ICP directly, No1 Healthcare reserves the right to charge You a fee reflecting (but not exceeding) the total payment of 6 months of care provided by the ICP through No1 Healthcare. This fee will become due and payable by You to No1 Healthcare immediately upon receipt of invoice.
4.1 When You sign up for the Services, You agree that No1 Healthcare may send You SMS Messages in order to confirm Your phone number or keep You informed about Your Placement and the Services the ICP may be performing for You. Depending on Your current phone carrier plan, You may incur Fees for these SMS Messages, and agree not to hold No1 Healthcare liable for any Fees incurred.
4.2 You also agree that No1 Healthcare may send You emails and other electronic messages by any other means to keep You up to date on the Placement and ICP, including indicating when No1 Healthcare has been informed that an ICP will not be able to attend any Placement.
4.3 You may at any stage opt out of receiving emails, SMS, and other messages. Please note that by doing so, this may have an effect on the Services You receive from No1 Healthcare; if You wish to opt out, please do so by contacting our customer services.
5.1 As and when requested, You agree to provide No1 Healthcare with any information requested regarding the provision of the Services, including reports of failures, errors, or other malfunctions You encounter with the Services or ICPs, along with any associated error messages (the “Feedback”).
5.2 Feedback provided to No1 Healthcare may be used by No1 Healthcare to improve the Services in any way No1 Healthcare chooses, including sharing the Feedback with other third parties and associates or affiliates of No1 Healthcare, without limitation.
5.3 In addition, You agree to provide No1 Healthcare with a complete Care Appraisal at the beginning of the Placement, in order to allow No1 Healthcare to identify prospective ICPs and to ensure current Placements can be undertaken effectively.
5.4 You agree to update the Care Appraisal on a regular basis, dependent on Your care needs, and at a minimum on a 4-weekly basis. Your ICP may from time to time request that You update the Care Appraisal to reflect the Care Recipient’s needs.
5.5 You agree to No1 Healthcare using any Feedback You provide for reports, marketing, or advertising purposes. Such Feedback shall only be used in an anonymous form, unless your specific agreement has been sought to do otherwise.
We take Your privacy seriously. For details about how No1 Healthcare uses Your personal data, please refer to our Privacy Policy (available on our website). To ensure we have Your most up-to-date personal data, You agree to provide us with regular updates to any personal data we hold about You.
7.1 We may provide notices to You either by posting them on our website or by email or by other delivery services to the address You provided when You engaged our services. All notices are effective upon posting or when sent.
7.2 Additionally, we may modify these Terms and/or our Privacy Policy at any time by posting the modified version on our website or by sending You a copy by email. Please check the Terms periodically for any changes. By continuing to access or use the Services after we have made any such modifications, You agree to be bound by these modified Terms of Services or Privacy Policy (as applicable), which become effective immediately upon being posted or communicated to You.
8.1 It is Your responsibility to ensure that Your household and motor insurance provide sufficient cover for You and the ICP during any Placement.
8.2 It is Your responsibility to ensure that any ICP attending the Placement has the correct and any additional insurance as required by You.
8.3 No1 Healthcare maintains a £5,000,000 public liability policy with Camberford Law PLC (the “Policy”). This Policy covers each ICP only for any accidental damage which may occur when they are in Your property. The Policy includes a £500 excess in relation to any claim for accidental damage to property, and this will be for You to pay if any claim is made.
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 Your (their, or anyone’s) use of the Services:
TERMINATION BY NO1 HEALTHCARE
10.1 If You violate any of the Agreement Terms, Your permission to use the Services will automatically terminate with immediate effect.
10.2 You also agree that No1 Healthcare may, at any time and without notice to You, suspend or revoke Your access to and use of the Services, and any account(s) You may have in connection with the Services: (i) for any reason or no reason at all; (ii) where No1 Healthcare determines at our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of No1 Healthcare or any third party; or (iii) in connection with any general discontinuation of the Services. We also reserve the right to modify the Services at any time without notice to You.
10.3 Please note that, whilst the matter remains at No1 Healthcare’s sole discretion, No1 Healthcare is likely to terminate this Agreement, and reserves its rights to do so, if You fail or delay to make payments for 4 invoices in succession; fail or delay to make payment for a period of 4 weeks or more; or over a period of 6 months prior to termination, the account held by You has fallen into arrears on more than 2 occasions.
10.4 Notification will be made by Notice by No1 Healthcare to You at the email address provided by You and/or by letter via Royal Mail.
10.5 No1 Healthcare will have no liability whatsoever as a result of any change to the Services or any suspension or revocation of Your access to or use of the Services.
TERMINATION BY YOU
10.6 You may terminate this Agreement and Your engagement with No1 Healthcare at any time by contacting customer services, providing No1 Healthcare with a minimum of 14 days’ notice of Your intention to do so. Any termination made by You without providing the minimum notice may incur a financial penalty over any costs incurred by the ICP in the Placement, and You will be liable for all sums due up to and including the date of termination.
10.7 If You choose to cancel the Services, You are still liable to No1 Healthcare for payment of all Services undertaken or due to be undertaken by No1 Healthcare or the ICP on Your behalf.
10.8 No1 Healthcare reserves the right to charge You (at its sole discretion) in full for all and any part of the Services undertaken on Your behalf for the whole of the Notice Period. Such Notice Period charges will be added to Your final invoice, and will be due and payable by You in full within 7 days after the last day of the Notice period, or within 14 days of the last day of the provision of the Services, whichever is sooner.
10.9 If You choose to engage any ICP directly (in contravention of the Terms of this Agreement), You become immediately liable to No1 Healthcare for the Fees equal to six (6) months’ Fees for the ICP’s Placement with You or any other Customer or Care Recipient.
You agree that You will be personally responsible for Your use of the Services, and You agree to defend, indemnify, and hold harmless No1 Healthcare and its officers, directors, employees, consultants, affiliates, subsidiaries, 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 the use of the Services by You, the Care Recipient, or anyone on Your or their behalf.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification 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, prospective, litigated, or other related matter without our written consent.
12.1 You expressly understand and agree that Your use of the Services is at Your sole risk and that the Services are provided “as is” and “as available.” No1 Healthcare expressly excludes all warranties 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.
12.2 When You use the Services to request and have an ICP perform a Placement, You understand and acknowledge that no ICP has any authority to make any amendments to this Agreement, and that any statements, representations, or warranties made by an ICP or any third party are disclaimed by No1 Healthcare and do not expand or otherwise modify this Agreement. No1 Healthcare makes no representation or warranty regarding the identity, quality, reliability, safety, completeness, or fitness of any specific ICP beyond the vetting procedures outlined.
12.3 Once any Placement starts, the ICP engaged in that Placement works directly for, and under the direction of, You.
13.1 To the extent permitted by applicable law, No1 Healthcare will not be liable to You in connection with No1 Healthcare’s performance under this Agreement, including (but not limited to) liability for loss of profits and other consequential losses.
13.2 No1 Healthcare’s liability to You in respect of the Services or any Placement will not exceed the total price paid by You for the Placement, whether such cause of action is brought in contract, tort, warranty, or otherwise.
13.3 Except in the case of death or personal injury caused by No1 Healthcare’s negligence, No1 Healthcare’s liability under or in connection with this Agreement, whether arising in contract, tort, negligence, breach of statutory duty, or otherwise howsoever, shall not exceed the level of any Fees paid by You to the Company in the last six months under these Terms and Conditions.
13.4 Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty, nor otherwise for any loss, damage, costs, or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature, including without limitation any economic loss or other loss of turnover, profits, business, or goodwill.
13.5 The limitations of damages set forth above are fundamental elements of the basis of the bargain between No1 Healthcare and You.
13.6 Nothing in this Agreement 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 any death or personal injury resulting from our negligence.
14.1 This Agreement, together with the Privacy Policy, constitutes the entire and exclusive understanding and agreement between You and No1 Healthcare regarding Your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by or on behalf of each Party.
14.2 You may not assign or transfer the Agreement or Your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent from No1 Healthcare. No1 Healthcare may assign the Agreement at any time without notice.
14.3 In the event that any part of the Agreement 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.
No1 Healthcare shall have no liability to You for any failure of the ICPs 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, flood, fire, explosion, acts of terrorism, or accident.
Except for our affiliates, directors, employees, or representatives, a person who is not a Party to the Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 (“Act”) to enforce any term. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
This Agreement shall be governed by the laws of England and Wales, and Parties agree to the exclusive jurisdiction of the courts of England and Wales.
Please note that these Terms and Conditions may be changed by No1 Healthcare at any time, and at No1 Healthcare’s sole discretion. No1 Healthcare will either inform You of those changes by email, or will post any changes to these Terms on No1 Healthcare’s website, or both. Once the Terms have been made available and intimated to You, they will become immediately effective, and Your contract with No1 Healthcare will be based on those updated Terms.
By engaging with No1 Healthcare’s services, You are hereby agreeing to No1 Healthcare’s Terms and to this Agreement. You are confirming Your agreement to form a binding contract with No1 Healthcare to provide the Services as described to You.
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