Terms & Conditions

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These are our standard T&C's which will apply unless alternatives have specifically been agreed with the Client.

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1. INTERPRETATIONS

​“The Client” shall mean the person, organisation, partnership or corporate body which has engaged Care Consultancy Assist Limited, and shall be deemed to include his or her employee’s subcontractors or agents.

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1. “Associate” refers to any person duly authorised to work on behalf of Care Consultancy Assist Limited.

2. “Assignment” refers to any project or formal instruction by the Client to Care Consultancy Assist Limited.

3. “Agreement” refers to this contractual agreement as outlined in this document.

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2. CONFIDENTIALITY

​Care Consultancy Assist Limited undertakes to keep in strict confidence any unpublished information provided by the Client.

The Client undertakes to keep confidential for its use alone any information provided by Care Consultancy Assist Limited under the contract unless prior written agreement is obtained for release to any third party.

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3. COPYRIGHT AND INTELLECTUAL PROPERTY

​Care Consultancy Assist Limited shall retain copyright and all associated Intellectual Property rights related to its templates, methodologies and other proprietary materials. Client shall retain copyright and all associated Intellectual Property rights and ownership related to the final deliverables and any associated amendments or permutations that may arise in the future.

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1. The Client will take all reasonable steps to protect the Copyright and intellectual property rights of Care Consultancy Assist Limited.

2. Upon written permission by the Client, Care Consultancy Assist Limited will be entitled to mention the nature of the work and the name of the Client in any future promotional material.

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4. INDEMNITIES

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1. Care Consultancy Assist Limited shall keep in place at all times during the assignment sufficient public liability and professional indemnity insurances.

2. The Client indemnifies Care Consultancy Assist Limited for reimbursement of any payments made on behalf of the Client to third parties that may be agreed from time to time.

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5. AMENDMENTS

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1. The contract is based upon the information supplied by the Client both verbally and in writing.

2. In the event that the nature of the contract is altered as a result of new information or instructions issued, Care Consultancy Assist Limited reserves the right to amend or extend the terms and nature of the initial engagement in line with agreement with the Client any extension of time and/or costs.

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6. TRANSFER ASSIGNMENT OR SUB-LETTING

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1. Neither the Client nor Care Consultancy Assist Limited shall assign transfer or sub-let this contract to another party without prior written consent.

2. In the event that any such assignment, transfer or sub-letting shall be agreed, then these terms as outlined in this document will nevertheless still be applicable.

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7. CONTRACT PERFORMANCE

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1. If Care Consultancy Assist Limited is delayed in the completion of the assignment as a result of failure by the Client to make available the necessary resources or information, a reasonable extension of time for completion shall be allowed.

2. If the assignment is suspended or curtailed by the Client then any monies due and reasonable loss incurred will fall due to Care Consultancy Assist Limited.

3. The consultancy support being provided by Contractor will not at any time be under the direct control of the Client, and will be on an “as required” sessional /project basis.

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8. PAYMENTS

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1. Payment in full shall fall due upon completion of the assignment.

2. Any stage payments or interim payments will fall due as indicated in the Proposal and/or Client Agreement.

3. Care Consultancy Assist Limited will be responsible for submission of invoices of any monies due under the contract.

4. Payment of invoices will be within 14 Calendar Days of the date of the invoice unless specific alternative timeframes have been agreed with the Client. In the event of late payment, Care Consultancy Assist Limited reserves the right to make an additional charge of 10% per annum above the current United Kingdom bank rate prevailing at that time calculated on a per diem basis.

5. Care Consultancy Assist Limited will be regarded as owning the work until all monies due under the contract are paid.

6. The contract for services with Care Consultancy Assist Limited is specifically for consultancy support services, and for work completed by the company. Final payment of fees to Care Consultancy Assist Limited will fall payable at the final interview stage based upon work undertaken for the client. Whereas the company will use best endeavours to support the client’s application, such payment cannot be deemed to guarantee acceptance by the Care Quality Commission or other body for registration (unless this is specially included in the terms of a particular agreement with a client).

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9. DETERMINATION

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1. Either party may terminate the contract owing to a breach or default of its terms and their failure to be remedied within a reasonable period.

2. Further, the Client is under no obligation or requirement to provide specific assignments or projects to the Contractor at any time during the period of this Contract, recognizing that the need for such consultancy support will vary depending upon the trading position and requirements of the Client.

3. In the event that the Assignment following commencement proves not feasible to fulfill for whatever reason, then Care Consultancy Assist Limited will give due notice to the Client and render an invoice for all reasonable costs incurred to that stage.

 

10. VAT

1. Care Consultancy Assist Limited is not registered for VAT hence any invoices rendered to the Client shall be exclusive of VAT.

2. In the event of any future change in the VAT status of Care Consultancy Assist Limited, this will be communicated immediately to the Client.

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11. DOCUMENTATION

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1. Any documentation supplied by Care Consultancy Assist Limited is permitted to be modified and used by the Client for its own purposes as required.

2. Documentation supplied by Care Consultancy Assist Limited not permitted to be sold or distributed to third-parties with specific authorisation from Care Consultancy Assist Limited.

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12. STATUTORY PROVISIONS

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1. The Client and Care Consultancy Assist Limited undertake to abide by all legal and statutory provisions prevailing from time to time.

2. The Agreement shall be regarded as having been made in England and subject to English law.

3. In the event of any element of this Agreement being held to be unlawful or unenforceable then this shall not affect the remaining provisions of this Agreement.

4. In the event of Care Consultancy Assist Limited being instructed to advice about any merger or acquisition of a company, it should be noted that the company is not authorized or regulated via the Financial Conduct Authority and hence we restrict any advice exclusively to commentary upon the quality and anticipated compliance with the Regulations of the Care Quality Commission.

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13. BASIS OF AGREEMENT

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1. This Agreement is entered into on the explicit understanding that no Contract Of Employment is thereby created.

2. Specifically, the Client hereby acknowledges that Care Consultancy Assist Limited is:

 

• An independent resource and not an employee or member of staff of the Client.

• Solely responsible for the success or failure of the its business and can make a loss or a profit

• Free to decide what work they do and when, where or how to do it.

• Able to hire someone else to do the work, following consultation with the Client about the other person’s capabilities, experience skills and appropriateness for the task.

• Responsible for fixing any unsatisfactory work in their own time.

• Undertakes work assigned on the basis of a fixed price.

• Uses their own money to buy business assets, cover running costs, and provide tools and equipment for their work.

• Is free to work for more than one client.

1. Further, there is acknowledged between the parties to be no mutuality of obligation that might constitute or be construed as a Contract Of Employment with the Client..

2. Further, the Client acknowledges that by way of this Agreement there is no direct control over how this Contract is delivered by Care Consultancy Assist Limited.

3. Further there are no corporate or other legal relationships between the Client and Care Consultancy Assist Limited.

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14. INSURANCES/INDEMNITIES

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Care Consultancy Assist Limited undertakes at its own expense to have in force at all times during the period of this Agreement appropriate insurances including:

• Professional Indemnity.

• Public Liability.

• Employers Liability Insurance.

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15. EXPENSES

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Administrative expenses will be deemed to be included in the agreed fee payable by the client.

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If substantial amounts of photocopying are requested by the client, then this cost may be passed on to the client as an additional expenses “at cost”.

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Travel, hotel and related incidental expenses will be added to fees if this is explicit in the terms of the specific agreement with the client. Otherwise these expenses will also be deemed to be included in the fee rate payable by the client.

 

(Note – references above to Care Consultancy Assist Limited will also include any of its related companies that may be used to supply consultancy support)