Please read these Terms and Conditions (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Hometouch Platform, you agree to comply with and be bound by these Terms.
Last Updated: 07/09/2023.
These Terms constitute a legally binding agreement (“Agreement“) between you and Hometouch (as defined below) governing your access to and use of the Hometouch platform, including any subdomains thereof, and any other websites through which Hometouch makes its services available (collectively, “Site“), our any mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Services“). The Site, Application and Services together are hereinafter collectively referred to as the “Platform”. All other Policies applicable to your use of the Platform are incorporated by reference into this Agreement.When these Terms mention “Hometouch,” “we,” “us,” or “our,” it refers to HomeTouch Care Ltd (“Hometouch”), Unit M1 Finsbury Business Centre, 40 Bowling Green Lane, Farringdon EC1R 0NE. Our collection and use of personal information in connection with your access to and use of the Platform is described in our Privacy Policy. Any and all payment processing services through or in connection with your use of the Hometouch Platform (“Payment Services“) are provided to you by one or more Hometouch Payments entities (individually and collectively, as appropriate, “Hometouch Payments“) as set out in the Payments Terms of Service (“Payments Terms“).Definitions of terms:
When the following words with capital letters are used in these Terms, the definitions below will apply:
Account Manager: A Care Manager who is Your main point of contact as an existing Client for account related matters.Audit: A process of data analysis, review and Continuous Quality Improvement that informs our policies, procedures and processes.Bank Holiday: means a bank holiday in England and Wales, details of which can be found at https://www.gov.uk/bank-holidays.Bank Holiday Rate: Our Bank Holiday rate is twice the non Bank Holiday Rate, unless agreed otherwise. You will be opted in to paying the bank holiday rate for any care sessions occurring on a Bank HolidayCancellation Policy: The rules and procedures concerning cancelled Care Sessions, paused and terminated contracts.Care Advisors: Trained office based advisors who are Your first point of contact regarding provision of home care, accessible typically by phone and email.Care Journal: A ledger of historical data collected via the Professional Carer’s Care Hub detailing the Care delivered by Professional Carers during Care Sessions.Care Plan: A live and dynamic clinical document detailing the Personal Care needs and activities of the Care Recipient and tasks performed by Professional Carers. Under the Managed Model of Care the Care Plan is produced and updated collaboratively by the Professional Carer, family, Care Recipient and Nurse Manager. In the Introductory Model of Care, the Care Plan is produced and updated by Professional Carer, family and Care Recipient.Care Rate: The amount to be paid on an hourly or daily basis for the delivery of a Care Session.Care Provider: For the Managed Care Model of Care, the provider of care is Hometouch, regulated by the Care Quality Commission.Care Quality Commission (CQC): The Independent Regulator of Health and Social Care in England.Care Recipient/s: The term We use to define the patient, service user, end user or individual receiving Care provided by Professional Carers.Care Session: Any period of time where a Professional Carer is delivering care on behalf of a care recipientCarer Onboarding: The process in which Professional Carers move through before becoming available to deliver Personal Care through the Hometouch platform. This includes right to work, criminal and employment background checks.Carer Profile: The online profile of each Professional Carer that exist in the Carer Library, detailing a short biography, clinical experience, interests, Disclosure and Barring Service Check and Client reviews.Client: The person who manages the Care Recipient’s account. The Client may or may not be the same person as the Care Recipient.Care Hub: The online portal that includes services such as Carer Library, Messaging, Care Plan, contracts, Care Journal, and Payments.Client Onboarding: The process through which We assess Your care needs and how they might be served by Hometouch. This typically involves a phone discussion with a Care Advisor followed by matching of care needs to Carer Profiles in the Carer Library. Under the Managed Model, Client Onboarding will involve an Initial Home Visit from a member of the Hometouch clinical team to facilitate the creation a Care Plan.Clinical Governance: The Policies and Procedures through which Our Registered Manager and other clinical professionals oversee and improve the provision of care.Complaints Procedure: The manner in which You can make a complaint to Us and how we will process, investigate and respond.Continuous Quality Improvement: The processes and activities that we engage to improve the quality and effectiveness of our service. For example, risk meetings, audit and feedbackConsent: The care recipient’s capacitous agreement to receive personal care (or other assistance) communicated via written, verbal or other readily understood method of communication.Deprivation of Liberty Safeguards: The legal framework that protects vulnerable individuals, who are typically non-capacitous, when they are confined to a single location such as a care home or Hospital.Direct Payments: The funding mechanism provided by Local Authorities which permits Care Recipients an allocated budget for Personal CareDisclosure and Barring Service (DBS) Check: A background criminal records check of the Adult and Children’s Barred lists that is a statutory vetting requirement.Employment Business: Defined under the Employment Agencies Act 1973 as the business of supplying people in the employment of the person carrying on the business, to act for, and under the control of, other people in any capacity.Dimple Chandarana: Our Registered ManagerFees: The Monies due to Us in return for the Services provided to You, that support the delivery of care through the Hometouch platform.Frequently Asked Questions (FAQs): An up to date list of questions and answers that address common concerns and queriesHealth and Safety Assessment: The assessment carried out in each home to ensure it is a safe working environment, safe for the Care Recipient and compliant with Health and Safety LegislationHomeTouch Care Ltd: Our corporate entity which is responsible for two models of care with our registered Office at Unit M1, 40 Bowling Green Lane, London EC1R 0NE.Initial Home Visit: The welcome home visit carried out by our Nurse Manager to assess your care needsIntroductory Care Model: Our non-regulated business model. Under the Introductory Model of Care, Professional Carers provide Personal Care directly to Care Recipients without further involvement of Hometouch in relation to care management. The provision of Care Plans, rotas and oversight are a collaboration between the Professional Carer, the Care Recipient and the family.Key Lines of Enquiry (KLoE): The Framework used by the Care Quality Commission to inspect and regulate home care providersLive in Care: The type of care where a Professional Carer resides on a temporary basis in the care recipient’s home for a 24 hour period.Managed Care Model: The model of care whereby we act as the provider and Hometouch employees work alongside the Professional Carer through the provision of regularly reviewed Care Plans and Risk Assessment, clinical support and Account Management.Mandatory Training: The statutory and minimum requirements for training that Professional Carers delivering the Managed Care Model must satisfy. Mandatory Training is reviewed annually.Medication Administration Record: The document on which Professional Carers record any medication provided to You as part of the Managed Care Model.Mental Capacity: For the purposes of the Mental Capacity Act (2005), a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or disturbance in the functioning of, the mind or brain.NHS Continuing Healthcare: The funding mechanism provided by Clinical Commissioning Groups which permits Care Recipients an allocated budget for NHS Continuing HealthcareNominated Individual: Nominated individual means the person who is employed as a director, manager or secretary of a body and whose name has been notified to CQC as being the person who is responsible for supervising the management of the regulated activity by the CQC. Our Nominated Individual is Dr James Matthew Wilson.Nurse Manager: The qualified Nurse who oversees Initial Home Visits, reviews Managed Care Plans and supports the Professional Carer to deliver Managed Care.Personal Care: Provision of intimate and sensitive assistance in the Activities of Daily Living, ranging from but not confined to companionship to personal hygiene, washing and dressing and nutrition.Personal Health Budgets: The funding mechanism provided by Clinical Commissioning Groups which permits Care Recipients an allocated budget for Personal Care and other support for a long term condition.Power of Attorney: The legal role fulfilled by the nominee of the care recipient in relation to finances and health and welfare.Professional Carers: The term we use to describe the self-employed carers providing Personal Care through the Hometouch Platform.Public Liability Insurance: Insurance that covers the cost of claims made by members of the public for incidents that occur in connection with business activities. Public liability insurance covers the cost of compensation for personal injuries and loss of or damage to property.Registered Manager: The legal role fulfilled by Dimple Chandarana for the purposes of Our Registration with the Care Quality CommissionRegulated Activity: A service or provision of care that is subject to regulation by the Care Quality CommissionRisk Assessment: The process of identifying all the risks to and from an activity, and assessing the potential impact of each risk. The Hometouch clinical team will create risk assessments as part of the Client Onboarding process for Managed care that outlines and monitors the clinical and other risks to the Care Recipient. The document is subject to regular to 3 monthly review. For the introductory model, risk assessments are the responsibility of the Professional Carer.Safeguarding: Ensuring that people live free from harm, abuse and neglect and, in doing so, protecting their health, wellbeing and human rights. Children, and adults in vulnerable situations, need to be safeguarded. Further details can be accessed in Our Safeguarding PolicySelf-employed: Our Professional Carers are Self-Employed for tax purposes in accordance with advice and guidance We have received from employment lawyers, HMRC and other regulatory bodies. All VAT is accounted for by Hometouch accounting processes for both Introductory and Managed Models of Care.Sensitive Personal Data: personal information about You and in particular Your racial or ethnic origin, political opinions, religious beliefs or other beliefs of a similar nature, membership of a trade union, medical or physical health or condition, sexuality or the commission or alleged commission of any offence, that is protected by the Data Protection Act 1998.Service/s: The activities provided to you by Us and Professional Carers during the course of the contracted period, which include but are not limited to provision of Personal Care, Care Advice, Scheduling, Billing, Messaging, Care Journal, Care Plan, and Risk Assessment.Schedule: The timings of Care Sessions agreed at the outset of the contract and modified in discussion with your Professional Carer. Hometouch Care Managers will assist with scheduling for the Managed Care Model.Statutory Breaks: Live-in carers are entitled to a 2 hour break in each 24 hours period. See Breaks further down these Terms and ConditionsStatutory Notification: The statutory requirements for Us to notify the regulator in the event of specific events or incidents. Us, We and Our: Meaning Hometouch Care LtdYou: A Client of Hometouch.1. General Terms of the Hometouch Introductory Model of Care
1.1 About the Hometouch Introductory Model of Care
Hometouch’s Introductory Model of Care is classified as an ‘introductory agency’ in line with CQC guidance. Hometouch provides an online platform and telephone advice from a Care Advisor to facilitate the process of finding a Professional Carer to support the delivery of home care. Hometouch does not directly supply carers to care seekers, nor does it employ carers or act as a care agency when facilitating introductory care. In line with CQC regulations, Hometouch is not permitted to make changes to the care plan, provide rotas or effect control over the delivery of care.Hometouch’s Introductory Model of Care utilises the online platform and Carer Library, allowing self-employed carers and care seekers to connect with one another, communicate and arrange care contracts. This is facilitated through providing services which include but are not limited to:- Carer Library – A searchable online database of self-employed carers
- Care Hub Messaging – Communication tools allowing Professional Carers and Clients to interact with one another securely
- Carer matching – via introductory phone and video calls between Professional Carers and Clients
- Care Hub Payments – An online payment system enabling transactions between self-employed carers and care seekers. Payments will only be processed for booked Care Sessions
- Care Journal – A report linked to each Care Session allowing the Professional Carer to record activity and events from the Care Session
- Feedback tools on care provision
1.2 Our Service to You
The Hometouch Introductory Model covers the following:- Assessment of Your care needs by Our Care Advisors via phone and email (if required)
- Usage of the Hometouch Platform including the Carer Library, Care Hub messaging, Care Hub Payments
- Provision of Personal Care by a Professional Carers
- Real time updates on care provision via Our Care Journal
- Access to vetted Carer Library of Professional Carers and matching service
- Access to account management through email and live chat for account and billing enquiries
1.3 Definition of the Introductory agency service
Hometouch provides a introductory service classified as an ‘introductory agency’ in line with CQC guidance. Hometouch does not directly supply carers to care seekers. Hometouch does not employ carers, nor does Hometouch act as an employment agency or regulated care provider for this service. In line with CQC regulations for Introductory Agencies, Hometouch is not permitted to make changes to the care plan, provide rotas or effect control over the delivery of care.1.4 Limitations of service
All the tools provided by Hometouch for the Introductory Care Model are used at the customer’s and self-employed carers’ own risk and there is no guarantee that these tools will work optimally, not be subject to downtime, or removed from service at any point in time. Hometouch does not accept any liability for losses or damages caused by the temporary unavailability of the service or technical errors. Hometouch disclaims any liability for controversies, losses, injury, accidents, claims or damages arising out of the engagement of carers or the provision of care services by carers.2. Rules for User conduct and use of service
2.1 Eligibility to use the site and services; representations and warranties
By registering and using this site you confirm that:- You accept and will abide by our terms and conditions
- You are 18 years old or over and have the right to form legally binding contracts under UK law. Under the introductory model of care, the care contract is between a client and the carer, with the client therefore agreeing to meet all contractual obligations
- All the information provided by you on the site and to our advisors is correct and accurate, including any stated care requirements or specific needs. We reserve the right to support the withdrawal of care immediately should any information prove incorrect or inaccurate with the client liable for the statutory notice period
2.2 Permitted use
You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website and; (ii) sending genuine enquiries to carers regarding use of their services for your own or a care recipient’s care needs (iii) making/reviewing/changing bookings; (iv) checking carer feedback and care plan completion (v) changing billing information and generating invoices where relevant and (vi) communicating with Hometouch representatives by phone, email or live chat to arrange bookings or seek advice.The use of automated systems, manual copying or software to extract data from this website or Hometouch for commercial purposes, (‘screen scraping’) is prohibited unless the third party has directly concluded a written licence agreement with Hometouch. Any breach of these terms renders the user liable for damages to be determined in the local jurisdiction.3 Live-in Care Requirements
3.1 Live-in Care Facilities
Live-in Professional Carers have various legal rights which include (without limitation) the following: provision of a separate bedroom for them with suitable bathing and toilet facilities which are clean and in a good state of repair. Carers; require the provision of ample food and clean bedding as well as adequate cleaning materials and personal protective equipment (PPE) to carry out the Service properly.3.2 Live-in Break Provision
Live-in Professional Carers require a minimum 2 hours break per day. This time off must be within daylight hours. If agreed between the Client and the Professional Carer at the time of assessment some of these hours may be banked to provide longer periods of time off on fewer days, but the minimum provision must be 14 hours over a 7 day week.3.3 Expenses
Clients and Professional Carers should agree prior to the start of a contract any expense and / or travel arrangements. Carers are advised that they should understand feeding and travel arrangements prior to starting a contract but we advise that all parties understand arrangements.3.4 Night-time Wakes
The occasional short night wake (15 minutes or under) is included in your selected package of care, if night wakes requiring the services of the Carer rise above 5 in any 7 day period then we reserve the right to charge an additional fee based on the prorated rate.4 Hometouch Professional Carers
4.1 Carer selection
By registering and using Hometouch as a person seeking care you agree it is your responsibility to select an appropriate Professional Carer for yourself, your family member, any friend/associate or any other person you are acting for. Hometouch can help you in the process of introducing and recommending carers; however Hometouch will not select a carer for you and the final choice remains yours.4.2 Code of conduct
You should not discriminate against a carer on the basis of skin colour, nationality, disability, gender or any other potential source of discrimination. In addition, you represent and warrant that you and each member of your household have never been the subject of a complaint, restraining order or any other legal action involved with being arrested for, charged with, or convicted of any criminal offence involving violence, abuse, neglect, theft or fraud, or any offence that involves endangering the safety of others, dishonesty, negligence or drugs, and are not nor have ever been on the sex offenders register or other similar list.We reserve the right to support the withdrawal of care immediately should We learn of any discrimination against the Professional Carer with the client liable for the statutory notice period.4.3 Vetting and background checking of carers
Hometouch makes reasonable efforts to check the identity and information provided by carers. This includes visual checks of:- Identity documents to confirm the right to live and work in the UK
- Stated qualifications and training certificates where available
- Existing DBS checks
- Speak to the carer personally to understand whether they are the correct fit for Your care needs
- Verify a carers identity via photographic ID
- Requesting proof of experience, training, qualifications, authorisations and suitability for the Care Recipient needs
- Following up on references of carers
4.4 Insurance cover
Clients should ensure that their insurance covers carers working in their home and should verify whether carers have their own independent insurance cover.4.5 Carer contract compliance
Once you have set up a contract and submitted it to a carer, you are bound by the terms of that contract. You must pay the upfront required monetary amount into the client account which holds carer funds on your behalf for the contract to be active. You must negotiate with the carer regarding any deviations from the contract terms, e.g. time off for leave, illness or personal circumstances.3 Fees and Billing
3.1 Billing Cycle
You will be billed at the beginning of each week, for the care that will be delivered in the following week, depending on your preferred payment method. Our preferred payment method is direct debit which is managed via the Go-Cardless system. Our card payment provider is Stripe and all credit and debit card information is held securely and is PCI compliant. On setting up a contract you will initially be billed for two weeks of care to synchronise with the payment cycle.If you have arranged to pay via BACS then this will be subject to a 5% additional administration fee to cover credit control costs. No additional fee is payable by direct debit or recurring card payment.3.2 Bank Holiday Charges
You will automatically be subject to a double charge for any Care Session occurring over a statutory bank holiday, as defined by the UK Government: https://www.gov.uk/bank-holidays3.3 Payments
Contracts for work are made between the Client and the Professional Carer. By entering a contract as a Client you agree that you have the funds available to pay for the contract value. All payments for work completed must be made via your Hometouch Care Hub; attempts to pay outside of the Hometouch platform will lead to sanctions not limited to immediate account suspension. Any offers to pay outside of Hometouch, made by either party, must be reported to Hometouch immediately.3.4 Carer Rates
Carer rates are set by the carer and may be subject to change. Rates should not be changed during a contract agreement. On speaking to a Hometouch Care Advisor, a set package may be suggested which will outline the fee charged to the Client. These fees will supersede the stated rates of a Carer as shown in the Carer Library. Any change in rates that are made before the end of a contract must result in the termination of the current contract and a new contract must be agreed.3.5 Fees
Hometouch fees range from 20% – 30% (incl. VAT) of stated carers rates. This commission is already included in the rate stated on each carer’s profile in the Hometouch Carer Library and in any rate quoted by a Care Advisor. Hometouch reserves the right to alter the terms of its fee structure at any time.3.6 VAT
VAT is included in the rate charged by the Professional Carers.3.7 Direct Payments and Personal Budgets
If you are paying via Direct Payments or Personal Budgets, please call to speak to a Care Advisor. Payment must be made in advance of any care being provided. Payment by Direct Payments or Personal Budgets cannot be authorised unless we receive confirmation in writing from the relevant Local Authority or CCG.3.8 Fee reviews
We retain the right to review and increase our Fees for the Service on an annual basis.
We also retain the right the increase our Fees at any other interval if:
- we incur unforeseen costs of providing the Service such as increased cost of labour, materials or overheads
- a change is necessary in order to comply with any applicable regulatory or statutory requirements
4. Cancellations and Refunds
4.1 Cancellations
Hometouch strongly discourages cancellations of contracts unless exceptional circumstances occur. Carers working through Hometouch depend on predictable schedules and reliable income. Cancellations of contracts causes undue inconvenience to carers and provides no income protection to carers working through Hometouch. It is therefore our policy that any Care Sessions cancelled within a 24 hour period prior to the Care Session commencing will be billed and paid to the carer. In exceptional circumstances and where both parties agree, Hometouch will exercise its discretion to void payment in cases where cancellation has taken place within 24 hours of the contracted period and issue an account credit.All cancellations must be submitted by email to both Hometouch on hello@myhometouch.com and the carer.4.2 Account Credits and Refunds
For Care Sessions cancelled outside the 24 hour cut-off, Hometouch will credit the fee for the cancelled Care Sessions to the Client’s Hometouch account. Hometouch may, at its sole discretion, issue refunds when it believes they are warranted.4.3 Termination of contract
In instances where an ongoing contract is in place and care has been for more than 28 days, it is our policy that a client must give four weeks (28 days) notice to terminate a contract to allow both parties to make alternative arrangements. If a Client cancels a contract within the 28 day notice period, Hometouch reserves the right to retain collected funds in order to provide an element of income protection to the carer.
For any client seeking to give 28 days notice, the client must contact Hometouch to arrange a care transition call with our operations manager. Notice will only be received upon receipt in writing and following completion of this call.
4.4 Our termination of the service
We may terminate this Agreement:- By giving 28 days’ written notice for any reason
- After giving 7 days’ written notice that You have failed to pay the Fees
- After giving 7 days’ written notice that We are unable to meet Your needs