Terms and conditions

How it works

These Terms of Service ("Terms") govern your use and access to our services, including our website, www.senius-care.com (the "site"), our applications, introduction services, and any email or SMS notifications, and any information or content contained therein, collectively our "Services" regardless of whether you are a paid user or a non-paying visitor. You should also read our Privacy Policy, which explains how we collect and use your personal information.

Your agreement is with Senius Care Limited (Company Number 13717261), a company registered in England. “We” or “Senius Care” or "the Company" should be construed accordingly.

By using our Services, you're agreeing to be bound by the Terms and our Privacy Policy. If you're using our Services on behalf of an entity, you're agreeing to these Terms and our Privacy Policy on behalf of that entity.


1    USING SENIUS CARE

1.1    What we do

(a)    The Senius Care platform is a web-service designed to connect individuals seeking professional in-home care with self-employed professional home-based carers. The care that can be provided ranges from day time only or night time waking care to 24 hour in-home care.

(b)    Senius Care has a carefully selected network of self-employed professional carers ("Consultant Carers") that have been vetted and background checked and who are actively looking to work with the individuals who need it most. Each time a match is made you appoint a Consultant Carer, we call that a "Contract Role".

1.2    Background checking Consultant Carers

(a)    Senius Care ensures that we check the backgrounds of each Consultant Carer in our network because it's essential to us that we do everything within our power to work with the best carers available. We use a third party service to make these background check services. 

(b)    Even with accurate, reference and background checks it is however never possible to guarantee the future behaviour of a Consultant Carer, and when you are reviewing and booking a Contract Role or consider taking a Consultant Carer for a Contract Role, you should ensure that you use caution and good sense when your are vetting candidates. This will ensure that your working relationship is a good one with any specific needs clearly stated.  This goes both before and during and after any Placement.  Senius Care will not be liable, to the extent permitted by law, for any claim, injury or damage arising in connection with your use of our Services and Senius Care will not be liable for any actions of any user of our Services, whether as a Consultant Carer, or otherwise.

1.3    Consultant Carer live-in conditions

We draw your attention to this term. It is important that you read this and that you are sure you can comply with it in full.  Consultant Carers that are live-in carers have various rights guaranteed them under UK law which include (without limitation):

(a)    a minimum break of 2 hours per day within daylight hours. At the request of the Consultant Carer, these breaks can be rolled up and combined to provide a longer individual break but the minimum duration is always 14 hours over 7 days; and

(b)    good and sanitary living conditions which must include at a minimum:
(i)    a separate bedroom and suitable bathing and toilet facilities;


(ii)    clean bedding; and


(iii)    sufficient food.

2    PAYING FOR A CONTRACT ROLE

2.1    Fees

2.1.2 We make available to you an online platform, where you, against payment, will obtain access to Consultant Carers. We will invoice you our service fee plus VAT where applicable on the weekly basis together with the payment you would need to make as per paragraph 2.1.2 to the Consultant Carer.

2.1.2 When you have decided upon a Consultant Carer and want to appoint them for a Contract Role, we will help take payment of the Contract Role fees ("Fees"). Fees are usually paid weekly in advance. When you have decided upon a Carer and choose to appoint them for a Contract Role, the Company will collect payment from you of the Fees and thereafter remit them to the Carer on your behalf without deduction of tax or National Insurance Contributions. We will ensure this is done using your preferred payment method. We may need to take a pre-authorisation in some situations if you are using a credit card. You specifically authorise us to do this and to collect all the amounts invoiced in connection with the Contract Role.

2.2    It is important to also note that fees in paragraph 2.1 are non-refundable and will be charged in accordance with our prevailing rates at the time (unless we receive 7 days notice of cancellation in advance).

2.3 Parties acknowledge and agree as follows:

10.3.1 that the fees payable by the Company to the Carer as set out in clause 2.1 have been calculated on an Outside IR35 basis; and

10.3.2 If, in the event that after entering into this Agreement or following commencement of the Assignment, it is determined that the Assignment is Inside IR35 as confirmed to us by way of an IR35 Status Determination Statement, the Company shall be entitled to deduct from payments to the Carer (whether by adjustment of the fees payable or otherwise as determined by the Company) any PAYE Income Tax, employee’s and employer’s National Insurance Contributions and apprenticeship levy that it is required to pay to HMRC in accordance with ITEPA and the IR35 Legislation in respect of such payments to the Carer. The Company shall remit such sums to HMRC and shall provide the Carer with a statement setting out any such sums. Such deductions will not affect the remittance of VAT payable, if any in respect of the Assignment; and

10.3.3 that if applicable, the Company shall be entitled to deduct from payments to the Carer, any Construction Industry Scheme (CIS) deductions that it is required to pay to HMRC in respect of such payments to the Carer.

10.4 Where the Carer has opted-out from the Regulations 2003, the Company reserves the right to withhold payment in any or all of the following circumstances; where the Carer has failed to inform the Company of any overseas or offshore travel pursuant to the Services, where the Client has not verified the Carer’s worksheet, or where the Client becomes insolvent, dissolved or subject to a winding up petition. For the avoidance of doubt, the Company reserves the rights to make deductions that the Company is required by law to make or deductions relating to any sums due from the Carer, its officers, employees or representatives to the Company including, without limitation any over-payments, the cost of repairing damage to the Client’s property, or loss incurred as a result of the Carer’s negligence or the negligence of the Carer’s officers, employees or representatives.

10.5 If the Carer shall be unable for any reason to provide the Services to the Company no fee shall be payable by the Company during any period that the Services are not provided.

10.6 By accepting this Terms and Conditions you authorize the Company to engage and sign a contract with the Consultant Carers to provide you the Services you chose on our online platform.

3    FEEDBACK

We value and welcome feedback on our Services and any suggestions on how we can improve. You agree that we are free to use, disclose, adopt, and/or modify any feedback and information (including any ideas, concepts, proposals, suggestions or comments) provided by you to us in connection with the Services and/or your use of the Services (“Feedback”) without any payment to you. You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption, and/or modification of any of your Feedback.

4    Termination

4.1    These Terms will continue to apply until terminated by you or us as follows. You may stop using our Services at any time. If you choose to deactivate your account, it can be reactivated at any time. 

4.2    We reserve the right to suspend or terminate your access to the Services if: you are in serious or repeated breach of these Terms (including failure to make proper payment for Fees); you are using the Services in a manner that would cause a real risk of harm or loss to us, other users, or the public; we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations, or legal processes; or our provision of the Services to you is no longer possible. 

4.3    We will notify you by the email address associated with your account or at the next time you attempt to access your account unless we are prohibited from notifying you by law. 

4.4    We will report any breach of these Terms or our Services to law enforcement authorities where we think fit, and we will co-operate with such authorities by disclosing your identity and providing any information about you within our systems to them.

5    CANCELLATION POLICY

If you wish to cancel the Services (and in particular any current Contract Role), a minimum of 7 days’ notice of cancellation is required. Notification by the Customer must be sent by email to info@senius-care.com 

6    INDEMNITY

You agree to indemnify and hold us harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these Terms, (ii) your use of our Services and/or (iii) any misrepresentation made by you, (iv) any claim or allegation of a third party that the Company has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and or issues between you and any Consultant Carer or third party. You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Services or these Terms.

7    NO ASSURANCES

We strive to provide the best services, but there are certain things that we cannot guarantee. The Services are provided on an “as is” and “as available” basis. No assurance, representation, or warranty of any kind is made, whether express or implied, about the Services. 

When you use the Service to request and have a Consultant Carer perform a Contract Role, you understand and acknowledge that no Consultant Carer has any authority to make any amendments to these terms and that any statements, representations, or warranties made by an Consultant Carer or any third party are disclaimed by the Company and do not expand or otherwise modify these terms. Apart from the fact that the Company meets each Consultant Carer in person the Company makes no representation or warranty regarding the quality, reliability, safety, completeness, fitness, or nature of any Services provided by a Consultant Carer.

8    LIMITATION OF LIABILITY AND RELEASE

8.1    Our liability to you in respect of the Placement is limited to and shall not exceed the total price paid by you for your most recent Contract Role (or six months of Services whichever is the lower), whether such cause of action is brought in contract, tort, warranty or otherwise.

8.2    To the extent permitted by law, Senius Care has no liability to you in connection with our performance under these Terms, including but not limited to liability for loss of profits and other consequential losses. Our liability in any respect is limited to the value set out in clause 8.1 of these Terms. 

8.3    We will not be held liable for any indirect, special, incidental, punitive, exemplary, or consequential losses or damages; or any loss of profit, business, or data arising out of your use of, or inability to use, our Services. These exclusions or limitations apply regardless of whether or not Senius Care has been advised or notified of such losses or damages.

9    INSURANCE     

The Company has a £5 million public liability policy (the “Policy”). The Policy covers each Consultant Carer when they are in your property and covers accidental damage to your property. The Policy includes an excess in relation to any claim for accidental damage to property and this will be for your account, not the Company.


10    RESTRICTIONS

10.1 You accept and acknowledge that if during the Contract Role period you or through any other firm, person or company engage directly with the Consultant Carer you shall be required to pay us a Transfer Fee. Instead of paying a Transfer fee, we can agree to extend the Contract Role period, after you shall be able to engage directly with the Consultant Carer without payment of the Transfer fee.

10.2 For the purposes of Clause 10.1 above;

10.2.1. The Extended Contract Role Period shall be 26 weeks or such other period as agreed in writing;

10.2.2 Where you elect to extend the period of hire in accordance with clause 10.1 above, you will be required to give us 7 day’s prior notice in writing of your intention to do so. Where you fail to give such notice and directly engage the Consultant Carer, the Transfer Fee will automatically become payable.

10.3. The Transfer Fee shall be a sum equal to 16 weeks Contract Role Service fee.

10.4. You shall not, and shall procure, for a period of 12 months following the termination of the Services engage directly with the Consultant Carer, or through any other firm, person or company, who provided you services at any time during the previous 12 months or to any third party that it may have come into contact with by reason of performing the Services during the previous 12 months.

11 ENTIRE AGREEMENT

The Terms of Service, together with the Privacy Policy constitute the entire agreement between you and the Company and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

12    ASSIGNMENT

You will not, without the prior written consent of the Company, assign, transfer or deal in any other manner with any of the rights and obligations under this Agreement.

13    WAIVER

The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Service constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

14    Dispute resolution

14.1    We wish to address your concerns without going through a formal legal process. Before filing a claim against Senius Care, you agree to try to resolve the dispute informally by contacting info@senius-care.com  We will respond to you by email as soon as practicable; however a lack of response shall not be deemed to constitute any acquiescence or waiver. We will try our best to resolve the dispute informally within thirty (30) days. 

14.2    If the dispute is not resolved within such a period, you or Senius Care may bring a formal proceeding.  Senius Care and you agree that all disputes, controversies, and claims arising out of or in relation to the Services and these Terms (including the existence, validity, interpretation, performance, breach, or termination thereof) shall be referred to and finally resolved by arbitration.  The law of arbitration shall be English law and the place of arbitration shall be London.The arbitration proceedings shall be conducted in English.  For the avoidance of doubt, any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.  Notwithstanding the foregoing, you or the Company may bring an individual action in a small claims court. You agree that, by entering into these Terms, you and Senius Care are each waiving the right to bring an action in a court of law (save the small claims court) or to participate in a class action.  If we make any future change to this dispute resolution clause, that change will not apply to any dispute of which notice of arbitration has been filed on or before the effective date of the change.

15   Governing law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

16    CONTACTING US

If you have any questions regarding any of our Services  you can reach us at info@senius-care.com