Definition of terms

• “Client”(“you”, “your”) refers to the person who will be arranging and / or paying for the care.

• “Sparrow Self-Employed Carers Limited”, (“Sparrow Self-Employed Carers”, “Sparrow”, “us”, “we”, “our”)  refers to the UK limited company with company number 15156919.

• “Care recipient” refers to the person who will be receiving the care. (The Care recipient may or may not be the same person as the Client.)  

• “Carer” refers to the self-employed person providing the care.

 

General terms and conditions

• These Client terms and conditions ("terms") outline the agreement between Sparrow Self-Employed Carers and the Client.

• By engaging our services, you acknowledge and agree to these terms. In addition to these terms and conditions, our privacy policy; and any additional terms displayed on our website, associated platforms or other materials may also apply.

• You acknowledge that if you are not the care recipient, you have the authority to act on behalf of the care recipient(s).

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Services provided

• Sparrow introduces client to self-employed carers to enable them to establish a direct care relationship.

• Sparrow also provide additional ongoing services and advice or guidance to carers and client. These services are not directly related to the care itself but are intended to promote high levels of care and are therefore for the benefit of both carers and customers.

• Clients agree that it is their responsibility to select a carer for the care recipient and that whilst Sparrow can provide assistance and introduce potential carers, the choice of whether to proceed and engage a given carer remains yours.

• Sparrow does not directly supply carers, provide ongoing care management, supervision, or exercise control over the provision of care by carers.

• Sparrow falls under the designation of ‘introductory care agency”. Sparrow is not a Care Agency and as such is not regulated by the Care Quality Commission (CQC).

• Although Sparrow does not manage the care relationship between carers and Client we aim to uphold all applicable fundamental standards of care set out by the CQC. We encourage all parties to aspire to meet these standards.

• Sparrow is not an employment agency.

• Carers and Clients are responsible for coming to an agreement together regarding the provision of care services. Sparrow does not involve itself either in the terms or the execution of the care services provided by carers. 

• Sparrow is unable to regulate the services provided by carers or to arbitrate any issues that may occur. Sparrow may offer to help only by offering general advice and guidance or by introducing Clients to additional or replacement carers as needed.

• Any invoices or charges between carer and client are ultimately a matter to be resolved by the carer and client. However, Sparrow may occasionally prompt Clients to review payments or suggest alternative payment arrangements where it has been brought to our attention that payments are overdue. The carer receives 100% of the fees taken via the carer invoice.

• Sparrow make a separate invoice or payment requests to Client for the services we provide. This is referred to as the Sparrow service fee.

• Sparrow make no charges to carers whatsoever. The Sparrow service fee is the only way that Sparrow is funded and this fee therefore supports the recruitment, training, insurance and co-ordination of our carers community. Without this fee, the service would not exist and in many cases the carers would not be working as self-employed carers at all.

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Limitations of services

• All services provided by Sparrow are used at the Client and carer’s own risk. Sparrow provides no guarantee over the functioning of the tools, resources and services provided and reserves the right to withdraw them at any time. Sparrow does not accept any liability for losses or damages caused by the unavailability or functionality of our service.

• Sparrow disclaims any liability for any losses, controversies, injuries or accidents, claims or damages arising from the use of its services, or the provision of care services by carers.

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Sparrow responsibilities

• Sparrow’s role in the provision of care is limited to facilitating introductions between Client and carers based on information provided by both parties.

• Sparrow cannot guarantee the availability or suitability of carers.

• Sparrow is not liable for any damages, losses, or disputes arising from the care services provided by carers.

• Although at Sparrow we make every effort to ensure the high calibre of the carers we work with, Sparrow is not responsible for the quality, suitability or conduct of the carers, who are all separate self-employed businesses.

• Sparrow undertakes to make a best effort to assess the identity and eligibility of applicant carers. This may include identity checks, face-to-face or online interviews, reference checks, reviewing stated qualifications and certificates, DBS status (PVG, in Scotland, NI Access in Northern Ireland), national insurance number and UTR number checks.

• Where carers cannot provide proof of having passed a DBS with 12 months, Sparrow engages with an external party to provide them with one. It remains the Client's responsibility to check whether the carer’s DBS document remains valid and suitable for the purpose of providing care to the care recipient.

• Despite these measures we cannot guarantee the accuracy of the information provided to us or the suitability of carers for a given care recipient. 

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Client responsibilities

• Client are solely responsible for engaging, contracting and arranging payment with the carer(s) they select.

• Customers are ultimately responsible for assessing the suitability of carers introduced by Sparrow and deciding whether they match their needs.

• Sparrow recommends that customers carry out their own assessment of a carer’s suitability for the role before engaging them. In particular, Sparrow recommends customers consider meeting carers to ensure they are a good fit for the care required, requesting proof of experience, DBS,  training, qualifications, insurance in order to assess their suitability for providing care to the care recipient.

• Customers must clearly communicate their care needs, preferences and any relevant medical information to any carer(s) they enter into an agreement with.

• Customers must agree that they will do nothing to induce any carer to fail to record, through the agreed channels, any hours worked providing care for the care recipient. If customers do so the care arrangements will be put at risk and Sparrow will also have the right to charge customers a sum not exceeding £500.

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Carer responsibilities 

• Carers are solely responsible for providing the care services agreed with customers.

• Carers are responsible for recording through the approved channels all hours worked and any additional expenses including mileage or travel time where appropriate.

• If care is not invoiced using the agreed channels, or if total carer invoicing regularly drops below agreed levels then Sparrow reserves the right to withdraw its services including insurance, training and accountancy services and to withdraw access to its platforms.

• Carers agree to communicate effectively and promptly with Customers and with Sparrow and to inform both parties  of any significant changes or developments in the care services they provide.

 

Feedback

• Sparrow aims to make it simple for all parties to give feedback regarding their satisfaction with the services provided.

• Customers will be periodically requested to provide Sparrow with information regarding the provision of the services and their satisfaction. This will be used to help us improve our services and not in order to manage or direct care.

• Sparrow may also share customer feedback with other third parties and use it for reports, marketing or advertising purposes. Feedback will only be used in an anonymous form, unless your specific agreement has been sought to do otherwise.

 

Fees and payment

• Customers are responsible for negotiating fees directly with carers and settling payment on receipt of carer invoices.

• Sparrow does not handle payment transactions between customers and carers.

• Carer invoices are sent monthly unless otherwise agreed.

• The preferred method of payment for carers invoices is generally bank transfer but your carer may also accept cheques or other methods of payment. You can discuss this with your carer directly.

• Sparrow charges a separate monthly fee for its services, based on a percentage of the billable hours charged in any given month by a carer to a client. 

• Sparrow’s fees will not exceed 10%+VAT of a carer’s billable hours per month. i.e. Sparrow’s fees exclude, mileage travel time and any other expenses.

• Occasionally a Sparrow carer may make a direct connection with a customer. In this case, as Sparrow has not made the introduction, but continues to provide services which benefit both the carer and customer,  a reduced Sparrow service fee not exceeding 5%+VAT will be payable by customers. This enables the carer to remain as part of the Sparrow community of carers and take advantage of the benefits of our network.

 

Insurance

• Carers are not statutorily required to have insurance. Nevertheless, Sparrow recommends that carers arrange public liability insurance. Sparrow is unable to offer this  insurance cover directly to carers, as we are not qualified to act as an insurance broker. However, we provide carers with information about policies that may be suitable for their needs. Sparrow also undertakes to reimburse carers for these insurance costs so that all carers have the opportunity to be adequately covered without incurring any additional expense. Carers working with Sparrow remain responsible for arranging their own insurance.

• Insurance policy details certificates will be available directly from carers on request.

• Carers are also responsible for arranging business car insurance and any other relevant insurance, if applicable.

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Safeguarding

• Although Sparrow does not directly provide care, we will endeavour to ensure and promote the safety and dignity of all participants using our services.

• All carers are responsible for complying with all relevant legislation including the Care Act 2010, the Mental Capacity Act 2005 and the Safeguarding of Vulnerable Groups Act 2006.

• In instances where Sparrow receives credible information to suggest  a care recipient is at risk of exploitation or any type of harm, we will comply with legislation and refer the relevant parties to the nearest Local Authority’s Adult Safeguarding Team. 

• Where there is evidence to suggest that a customer or care recipient may not be able safely and competently to use our services, has committed any offence, or placed a carer in danger, Sparrow reserves the right to limit or withdraw access to our services on a temporary or permanent basis.

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Complaints

• If customers or care recipients have any complaints about the services provided by Sparrow or your carer they should submit them in writing to hello@sparrowcarers.co.uk.

• Sparrow aim to respond to any complaints raised within 48 hours and to take appropriate action where necessary. This action may include referring incidents to relevant authorities.

• If you have concerns regarding the performance, behaviour or competence of a carer, Sparrow will investigate the matter. Where we find that the carer’s conduct has fallen below the standards we expect,  we will take appropriate action. Possible actions range from, providing feedback to termination of our services. We will also seek to find a replacement carer should you wish us to do so.

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Confidentiality and privacy

• Sparrow respects the confidentiality of all personal and medical information provided by customers and carers.

• Information will only be shared with the explicit consent of the parties involved or as required by law.

• Further information regarding how we handle your personal information may be found in our privacy policy which is available on our website at www.sparrowcarers.co.uk/privacy. 

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Termination

• Customers or carers may discontinue care arrangements in accordance with any written agreements they may have made. When care services are terminated in this way both carers and Sparrow will separately bill for the services provided as usual up to the date of termination.

• Customers may not discontinue paying the Sparrow service fee whilst continuing to receive care from a Sparrow carer. In the event of any attempts to do so care arrangement may be at risk and customers will be charged a sum not exceeding £500.

• Sparrow reserves the right to cease providing services if customers or carers violate these terms or engage in any conduct which Sparrow considers improper.

 

Limitation of liability

• Sparrow shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of its services.

• The total of any liability Sparrow may have shall not exceed the amount paid by customers for the services provided by Sparrow.

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Amendments

• Sparrow may update these Terms at its discretion. Updated Terms will be published on our website at www.sparrowcarers.co.uk/customerterms.

 

 Governing law

• These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles.

• By engaging with our services, you agree to abide by these Terms.

 

If you have any questions or concerns, please contact us at hello@sparrowcarers.co.uk.