C & D Healthcare Services Ltd

Terms & Conditions

In these Terms of Business, the following definitions apply:
Assignment” means the period during which the Nurse/Care Assistant is engaged to provide services to the Client;
Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985
Engages/Engagement/Engagement” means any engagement, employment or use of the Nurse/Care Assistant directly by the Client or any third party or through any other employment business on a permanent or temporary basis.
Introduction” means the Client interview of a Nurse/Care Assistant in person or by telephone OR the passing to the Client of a curriculum vitae or any information which identifies the Nurse/Care Assistant “Introduction Fee” means the fee payable in accordance with clause 6 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. “Employment Business” means C&D Healthcare Services Ltd “Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) benefits payable to or receivable by the Nurse or any other member for services provided to or on behalf of the Client or any third party.
2.1 These terms and conditions form the contract between the Client and Employment Business for the provision of a Member’s services to the Client and apply to all Assignments.
2.2 These Terms of Business are deemed to be accepted by the Client by virtue of its request for a member for an assignment.
2.3 These Terms contain the entire agreement (no variation) between the parties and unless otherwise agreed in writing by Employment Business.
3.1 At the end of each week of an Assignment the Client (or anyone authorised to sign on behalf of the Client) shall sign the Employment Business’ timesheet, verifying the number of hours worked by the Member during that period.
3.2 Signature of the timesheet by the Client is confirmation of the number of hours worked by the Member. Failure to sign the time sheet does not alter the Client’s liability to pay for hours worked.
3.3 The Client shall not be entitled to decline to sign a timesheet on the basis that he / she is dissatisfied with the work performed by the Member. In cases of unsuitable work, the Client should apply the provisions of clause 10 below however in any event the assignment is payable in full within the agreed terms of payment (14 days).
4. HOURLY CHARGES / Expenses / Mileage
4.1 The Client agrees to pay such hourly charges (and all expenses as agreed) of C&D Healthcare Services Ltd as shall be notified to and agreed with the Client.
4.2 C&D Healthcare Services Ltd will not charge the client any additional fee for last minute bookings
4.2 The charges are invoiced to the Client on a weekly basis and are payable within 14 days from the date of invoice.
4.3 C&D Healthcare Services Ltd reserves the right to charge interest on any overdue amounts at the rate of 8% from the due date until the date of payment.
4.4 There is no rebates payable in respect of C&D Healthcare Services Ltd’ charges.
4.5 Any queries regarding C&D Healthcare Services Ltd Charges as per invoice must be notified to C&D Healthcare Services Ltd within 3 days of receipt of the invoice. If no queries are raised in this period, the Client is deemed to be fully satisfied with C&D Healthcare Services Ltd’ charges and is liable to pay the invoice in full within 14 days from the date of the invoice. Queries raised against invoices will not prevent C&D Healthcare Services Ltd from seeking to recover the full invoice value from the client, subject to any changes caused by the query.
4.6 C&D Healthcare Services Ltd’ invoices are payable in full in the event that a Client is not fully satisfied by the agency worker performance.
4.7 Client shall pay all expenses and mileage as agreed before each assignment or as per the agreed hourly rate form.
5.1 When making an Introduction of a Member to the Client, C&D Healthcare Services Ltd shall inform the Client of the identity of the Member; training, qualifications and their DBS reference number.
6.1 In the event of the Engagement by the Client of a Member supplied by C&D Healthcare Services Ltd either
(1) Directly or
(2) Pursuant to being supplied by another business, within either
• The duration of the Assignment;
• 14 weeks from the start of the first Assignment (each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be the ‘first Assignment’ for these purposes); or
• 8 weeks from the day after the last day the
6.2 The Transfer Fee shall be calculated at 20% of the Remuneration applicable during the first 12 months of the Engagement. No refund of the Transfer Fee will be paid in the any event.
7.1 Whilst every effort is made by C&D Healthcare Services Ltd to ensure reasonable standards of skills, integrity and reliability from the Members carrying out the Assignments, no liability will be accepted by C&D Healthcare Services Ltd for any loss, expense or damage arising from any failure to provide a Member for all or part of an Assignment or from the negligence, dishonesty or misconduct of the Member. For the avoidance of doubt, C&D Healthcare Services Ltd does not exclude liability for death or personal injury arising from its own negligence.
7.2 Members provide their services under contracts for services entered with C&D Healthcare Services Ltd’. Members are deemed to be under the supervision, direction and control of the Client during the Assignment and the Client shall be responsible for all acts, errors and omissions of the Member. The Client will also comply in all respects with all statutes including, for the avoidance of doubt, the Working Time Regulations 1998, by-laws, codes of practice and legal requirements to which the Client is ordinarily subject in respect of the Client’s own staff (excluding the matters specifically mentioned in Clause 5 above), including in particular the provision of adequate Employer’s and Public Liability Insurance cover for the Members during all Assignments.
7.3 The Client shall also advise C&D Healthcare Services Ltd ’ of any special health and safety matters about which C&D Healthcare Services Ltd is required to inform the Member and about any requirements imposed by law or by any professional body, which must be satisfied if the Member is to fill the Assignment and will assist C&D Healthcare Services Ltd in complying with its own obligations under the Working Time Regulations 1998 by supplying any relevant information about the Assignment requested by C&D Healthcare Services Ltd and the Client will not do anything to cause C&D Healthcare Services Ltd to be in breach of its obligations under the Working Time Regulations. Where the Client requires or may require the services of a Member for more than 48 hours in any week, the Client must notify C&D Healthcare Services Ltd of this requirement before the commencement of that week.
8.1 The Client will co-operate with C&D Healthcare Services Ltd in relation to any assessment of the risks at the premises where the Assignment is to be carried out and will provide all relevant information upon request to C&D Healthcare Services Ltd.
8.2 The Member will be subject to comply with C&D Healthcare Services Ltd and client’s policies whilst working at their premises.
9.1 A copy of C&D Healthcare Services Ltd complaints procedure will be supplied to the Client and to anyone who requests a copy of the procedure on behalf of the Client.
10.1 If the Client reasonably considers that the services of the Member are unsatisfactory, the Client may terminate the Assignment either by instructing the Member to leave the Assignment immediately or by directing C&D Healthcare Services Ltd’ to terminate the Assignment immediately. C&D Healthcare Services Ltd ’ may in such circumstances reduce or cancel the charges for the time worked by that Member, provided that the Assignment terminates: within four hours of the Nurse / Carer commencing the Assignment where the booking is for more than seven hours; or within two hours for bookings of seven hours or less and also provided that notification of the unsuitability of the Member is confirmed in writing to C&D Healthcare Services Ltd ’ within 48 hours of the termination of the Assignment.
10.2 Any of the Client, C&D Healthcare Services Ltd or the Member may terminate an Assignment at any time without prior notice. Termination of an assignment by Client with less than 4 hours’ notice; Client will incur a full fee for the during of the assignment at the time of booking.
11.1 These Terms are governed by the law of England, Wales and Scotland and are subject to the exclusive jurisdiction of the Courts of England, Wales and Scotland.

I have read and agree to abide with C&D Healthcare Services Ltd Contractual Terms. I consent to the treatment, care and support which C&D Healthcare Services Ltd will provide. I understand that this consent is on-going, but may be reviewed, refused or withdrawn at any time.