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Terms of Business for the Supply of Nursing/Care Staff 

1. DEFINITIONS

1.1 In these Terms of Business the following definitions apply:
(A). “Assignment” means the period during which the Nurse/Care Assistant is engaged to render services to the Client;
(B). “Client” means the person, firm or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 requiring the services of the Nurse/Care Assistant.
(C). “Engages/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, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement or any other engagement; directly or through a limited company of which the Nurse/Care Assistant is an officer or employee.
(D). “Introduction” means (i) the Client’s interview of a Nurse/ Care Assistant in person or by telephone, following the Client’s instruction to the Employment Business to supply or search for a Nurse/Care Assistant; or (ii) the passing to the Client of a curriculum vitae or other information which identifies the Nurse/Care Assistant and which leads to an Engagement of the Nurse/Care Assistant
(E).“Introduction Fee” means the fee payable in accordance with clause 7.2 below and Regulation 10 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
(F). “Nurse” means the nurse, midwife or health visitor, currently registered with the Nursing and Midwifery Council (‘NMC’), introduced by the Employment Business to render services to the Client.
(G). “Care Assistant” means the Care Assistant, introduced by the Employment Business to render services to the Client.
(H). “Employment Business” means DNB Health and Social Care Ltd of 54 Stafford Road, Caterham, Surrey CR3 6JB. (hereafter referred to as DNB H&SC)
(I). “Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, DNB Health and Social Care Ltd Company registration Number 7419895 allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non taxable) emoluments payable to or receivable by the Nurse for services rendered to or on behalf of the Client or any third party.
1.2 Unless the context otherwise requires, references to the singular include the plural.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
1.4 Member will be used to refer to a Nurse/or Care Assistant unless specifically stated.

 

2. THE CONTRACT

2.1 These terms and conditions form the contract between the Client and the DNB H&SC for the provision of a Member’s services to the Client and apply to all Assignments. A guide providing full details about the DNB H&SC’s services is available
upon request. We will also provide details of the qualifications and experience of the Member to be supplied to the Client.
2.2 These Terms of Business are deemed to be accepted by the Client by virtue of its request for interview with or a Member introduced by , or the passing of any information about the Member to any third party following an Introduction.
2.3 These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by a Director of the Nursing Business, these Terms prevail over any other terms of business put forward by the Client.
2.4 No variation or alteration of these Terms and Conditions shall be valid unless the details of such variation are agreed by a Director of DNB H&SC and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply. DNB Health and Social Care Ltd Company registration Number 7419895.

 

3. TIMESHEETS

3.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less, the Client shall sign the DNB H&SC 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. If the Client is unable to sign a time sheet produced for authentication by the Member because the Client disputes the hours claimed, the Client shall inform DNB H&SC as soon as is reasonably practicable and shall cooperate fully and in a timely fashion with DNB H&SC to enable DNB H&SC to establish what hours, if any, were 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 is dissatisfied with the work performed by the Member. In cases of unsuitable work the Client should apply the provisions of clause 10.2below.
3.4 These Terms & Conditions are deemed to be accepted by virtue of a signed timesheet.

 

4. HOURLY CHARGES

4.1 The Client agrees to pay such hourly charges of DNB H&SC as shall be notified to and agreed with the Client. The hourly charges are calculated according to the number of hours worked by the Member (to the nearest quarter hour) and comprise mainly the Member’s pay and any sums due in respect of holiday pay or any other statutory entitlement of the Member but also include DNB H&SC’s commission calculated as a percentage of the Member’s pay, employer’s National Insurance contributions and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable.
4.2 The Client shall pay DNB H&SC’s charges current at the commencement of the Assignment although these may be DNB Health and Social Care Ltd Company registration Number 7419895 varied with immediate effect from time to time during the
Assignment upon notification to the Client. The charges are invoiced to the Client on a weekly basis and are payable within 14 days. Travelling, hotel and other expenses as may be agreed, shall be added to or deducted from the invoice as appropriate.
4.3 If payment in full is not made within 14 days of the date of an account, DNB H&SC shall be entitled to charge interest on the outstanding amount at the rate of 8% of the balance due for each month outstanding.
4.4 There are no rebates payable in respect of DNB H&SC’s charges.
4.5 Any queries regarding DNB H&SC’s charges as per invoice, must be notified to DNB H&SC within 7 days of receipt of the invoice. If no queries are raised in this period, the Client is deemed to be fully satisfied with DNB H&SC’s charges and is liable to pay the invoice in full within 28 days. Queries raised against invoices will not preclude DNB H&SC from seeking to recover the full invoice value from the Client, subject to any changes caused by the query.

 

5. REMUNERATION, DEDUCTIONS AND STATUS

5.1 DNB H&SC is responsible for payment of all remuneration due to the Member and for the deduction and payment of National Insurance contributions and PAYE Income Tax applicable to the Member pursuant to sections 4447 Of the Income Tax (Earnings and Pensions) Act 2003.
5.2 The member is neither the Client’s employee nor that of DNB H&SC but is engaged by DNB H&SC as a self-employed person under a contract for services to provide services to the Client.

 

6. INFORMATION TO BE PROVIDED

6.1 When making an Introduction of a Member to the Client, DNB H&SC shall inform the Client of the identity of the Member; DNB Health and Social Care Ltd Company registration Number 7419895 that the Member has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment; whether the Member will be employed by DNB H&SC under a contract of service or apprenticeship or a contract for services; and that the Member is willing to work in the Assignment.
6.2 Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following, save where the Member is being Introduced for an Assignment in the same position as one in which the Member had previously been supplied within the previous five business days and such information has already been given to the Client, unless the Client requests that the information be resubmitted.

 

7. TRANSFER AND INTRODUCTION FEES

7.1 In the event of the Engagement by the Client of a Member supplied by DNB H&SC either (1) directly or (2) pursuant to being supplied by another nursing 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 considered to be the ‘first Assignment’ for these purposes); or
• 8 weeks from the day after the last day the Member worked on the Assignment the Client shall be liable, to either an extended period of hire as set out in 7. 3 below or a Transfer Fee calculated in accordance with 7.2 below. The Client must give DNB H&SC 5 days written notice in advance of the Engagement of whether it has elected to take the period of extended hire or to pay the Transfer Fee. However, where the client does not give such notice before the member is engaged the parties agree that the Transfer Fee shall be due. DNB Health and Social Care Ltd Company registration Number 7419895
7.2 The Transfer Fee shall be calculated as follows: 20% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 4.1 multiplied by 250. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates.
7.3 The period of extended hire of the Nurse shall be 12 weeks during which the Client shall pay the current hourly charge agreed pursuant to clause 4.1 for each hour the Member is so employed or supplied.
7.4 If the Client elects for a period of extended hire, as set out above, but before the end of such period Engages the member supplied by DNB H&SC either directly or pursuant to being supplied by another nursing business or the Member chooses not to be supplied for period of extended hire or for whatever reason is unable to work for the whole period of extended hire, the Transfer Fee calculated in accordance with 7.2 may be charged, reduced by such percentage to reflect the period of
extended hire already undertaken by the Member and paid for by the Client.
7.5 In the event that there is an Introduction of a Member to the Client which does not result in the supply of that Member by DNB H&SC to the Client, but which leads to an Engagement of the Member by the Client either directly or pursuant to being supplied by another nursing business within 6 months from the date of Introduction the Client shall be liable, to either a period of hire as set out in 7.3 or an Introduction Fee calculated in accordance with 7.2 . The Client must give DNB H&SC 5 days written notice in advance of the Engagement of whether it has elected to take the period of hire or to pay the Introduction Fee. However, where the client does not give such notice before the Member is Engaged the parties agree that the Introduction Fee shall be due. 7. 4 will apply where the extended period of hire is not fulfilled.
7.6 In the event that the Engagement of the Member is for a fixed term of less than 12 months, the fee in clause 7.2, calculated as a percentage of the Remuneration, will apply pro- DNB Health and Social Care Ltd Company registration Number 7419895 rata. If the Engagement is extended beyond the initial fixed term or if the Client re-engages the Member within 3 months of the termination of the first Engagement the Client shall be liable to pay a further fee based on the additional
Remuneration applicable for the period of Engagement following the initial fixed term up to the termination of the second Engagement or the first anniversary of its commencement, whichever is sooner.
7.7 In the event that a Member supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Member by the third party 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 considered to be the ‘first Assignment’ for these purposes);
or
• 8 weeks from the day after the last day the Member worked on the Assignment the Client shall be liable to pay a Transfer Fee calculated as follows: 20% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 4.1 multiplied by 250. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates.
7.8 In the event that there is an Introduction of a member to the Client which does not result in the supply of that Member by DNB H&SC to the Client, but the Member is introduced by the Client to a third party which results in the Engagement of the Member by the third party within 6 months from the date of Introduction the Client shall be liable, to an Introduction Fee as shown in 7.4.

 

8. LIABILITY

8.1 Whilst every effort is made by DNB H&SC to ensure reasonable standards of skills, integrity and reliability from the DNB Health and Social Care Ltd Company registration Number 7419895 Members carrying out the Assignments, no liability will be accepted by DNB H&SC 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, DNB H&SC does not
exclude liability for death or personal injury arising from its own negligence.
8.2 Members provide their services under contracts for services entered into with DNB H&SC. Except where they are engaged to render services on behalf of private patients, 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, bylaws, 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 Member during all Assignments.
8.3 The Client shall also advise DNB H&SC of any special health and safety matters about which DNB H&SC 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 DNB H&SC in complying with its own obligations under the Working Time Regulations 1998 by supplying any relevant information about the Assignment requested by DNB H&SC and the Client will not do anything to cause DNB H&SC 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 DNB H&SC of this requirement before the commencement of that week.
8.4 The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Member for the Member to fill the DNB Health and Social Care Ltd Company registration Number 7419895 Assignment.
8.5 In all cases the Client shall indemnify and keep indemnified DNB H&SC against any costs, claims, damages and expenses incurred by DNB H&SC arising out of any Assignment or any noncompliance with clauses 8.2 and 8.3 and/or as a result of any breach of these Terms by the Client.

 

9. POLICIES AND PROCEDURES

9.1 Where the Client is the patient for whom the Assignment is being performed, the Member is precluded from assisting the Client in relation to making a will or from benefiting under the terms of any will or codicil made by the Client.

9.2 The Client will cooperate with DNB H&SC 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 DNB H&SC.
9.3 The Member will be subject to DNB H&SC’s policies regarding administering and/or assisting with medication. The policy will also define the limits of the Member’s assistance and the tasks which may not be undertaken without specialist training. The Client shall not request the Member to act in any way which is a breach of the said policies.
9.4 Where the Member is supplied to a Client’s own home, any third party owned equipment in the home shall not be used by the Member unless the equipment is in a safe condition and the necessary checks have been undertaken by the provider of the
equipment.
9.5 The Member will seek the Client’s informed consent in relation to all aspects of care.

 

10. STATEMENT OF PURPOSE & COMPLAINTS PROCEDURE

10.1 DNB H&SC’s statement of purpose (prepared in accordance with the Nurses Agencies Regulations 2002 and DNB Health and Social Care Ltd Company registration Number 7419895 The Health and Social Care Act 2008) is available on request from DNB H&SC.
10.2 Where the client has any cause for concern or wishes to make any complaint about the services provided during the Assignment, the Client shall submit such complaints to DNB H&SC and such complaint shall be dealt with in accordance with DNB H&SC’s complaints procedure. A copy of DNB H&SC’s complaints procedure will be supplied to the Client and to anyone who requests a copy of the procedure on behalf of the Client.

 

11. TERMINATION

11.1 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 DNB H&SC to terminate the Assignment immediately. DNB H&SC may in such circumstances reduce or cancel the charges for the time worked by that Member, provided that the Assignment terminates:
11.1.1. within four hours of the Nurse commencing the Assignment where the booking is for more than seven hours; or
11.1.2. 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 DNB H&SC within 48 hours of the termination of the Assignment.
11.2 Any of the Client, DNB H&SC or the Member may terminate an Assignment at any time without prior notice.
11.3 Termination of an assignment with less than 8 hours notice will incur a cancellation fee of 4 x hourly rate as per the charges in 4.1.
11.4 The Client shall notify DNB H&SC immediately and without delay and in any event within 24 hours if the Member fails to DNB Health and Social Care Ltd Company registration Number 7419895 attend work or notifies the Client that she is unable to attend work for any reason.

 

12. SPECIAL SITUATIONS

12.1 Where the Member is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment involves caring for or attending one or more persons under the age of eighteen or any person who by reason of age, infirmity or who is otherwise in need of care or attention, DNB H&SC will take all reasonably practicable steps to obtain and offer to provide to the Client:
• Copies of any relevant qualifications or authorisations of the Member, and
• Two references from persons not related to the Member who have agreed that the references they provide may be disclosed to the Client, and has taken all reasonably practicable steps to confirm that the Member is suitable for the Assignment. If DNB H&SC is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event.

 

13. FORCE MAJEURE

13.1 DNB H&SC will use its best endeavours to provide the services of a Member throughout the Assignment. Should DNB H&SC’s obligation to do so be materially interrupted or interfered with by an event of force majeure, then such obligation shall be suspended while the interference or interruption continues and DNB H&SC will not be liable for any loss the Client suffers or costs s/he incurs as a consequence of the interference or interruption.
13.2 Both parties to this contract agree to use their best endeavours to minimize and reduce any period of suspension caused by an event of force majeure.
13.3 The expression “an event of force majeure” includes but is not limited to fire, flood, casualty, lockout, strike, labour disputes, industrial action of any kind, unavoidable accident, breakdown of equipment, national calamity or riot, Acts of God, DNB Health and Social Care Ltd Company registration Number 7419895 the enactment of any Act of Parliament or the act of any other legally constituted authority, any cause or event arising out of or attributable to war, or any other cause or event (whether of a similar or dissimilar nature) outside the reasonable control of either party to this contract other than a shortage or lack of money.

 

14 LAW

14.1 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.
________________________________________ _____________________
Signed by DNB H&SC Date
________________________________________ _____________________
Signed by or on behalf of the Client/Establishment Date
________________________________________
Trading Name
EFFECTIVE DATE October 26 2010
DNB Health and Social Care Ltd
54 Stafford Road
Caterham
Surrey
CR3 6JB
Reg : 7419895
DNB Health and Social Care Ltd
Company registration Number 7419895

 

 

 

Terms of Business for the Supply of Nursing/Care Staff
1. DEFINITIONS
1.1 In these Terms of Business the following definitions apply:
(A). “Assignment” means the period during which the Nurse/
Care Assistant is engaged to render services to the Client;
(B). “Client” means the person, firm or corporate body together
with any subsidiary or associated company as defined by the
Companies Act 1985 requiring the services of the Nurse/Care
Assistant.
(C). “Engages/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, whether under a
contract of service or for services; an agency, license, franchise
or partnership arrangement or any other engagement; directly
or through a limited company of which the Nurse/Care
Assistant is an officer or employee.
(D). “Introduction” means (i) the Client’s interview of a Nurse/
Care Assistant in person or by telephone, following the Client’s
instruction to the Employment Business to supply or search for
a Nurse/Care Assistant; or (ii) the passing to the Client of a
curriculum vitae or other information which identifies the
Nurse/Care Assistant and which leads to an Engagement of the
Nurse/Care Assistant
(E).“Introduction Fee” means the fee payable in accordance with
clause 7.2 below and Regulation 10 of the Conduct of
Employment Agencies and Employment Businesses Regulations
2003.
(F). “Nurse” means the nurse, midwife or health visitor,
currently registered with the Nursing and Midwifery Council
(‘NMC’), introduced by the Employment Business to render
services to the Client.
(G). “Care Assistant” means the Care Assistant, introduced by
the Employment Business to render services to the Client.
(H). “Employment Business” means DNB Health and Social Care
Ltd of 54 Stafford Road, Caterham, Surrey CR3 6JB. (hereafter
referred to as DNB H&SC)
(I). “Remuneration” includes base salary or fees, guaranteed
and/or anticipated bonus and commission earnings,
DNB Health and Social Care Ltd
Company registration Number 7419895
allowances, inducement payments, the benefit of a company
car and all other payments and taxable (and, where applicable,
non taxable) emoluments payable to or receivable by the Nurse
for services rendered to or on behalf of the Client or any third
party.
1.2 Unless the context otherwise requires, references to the
singular include the plural.
1.3 The headings contained in these Terms are for convenience
only and do not affect their interpretation.
1.4 Member will be used to refer to a Nurse/or Care Assistant
unless
specifically stated.
2. THE CONTRACT
2.1 These terms and conditions form the contract between the
Client and the DNB H&SC for the provision of a Member’s
services to the Client and apply to all Assignments. A guide
providing full details about the DNB H&SC’s services is available
upon request. We will also provide details of the qualifications
and experience of the Member to be supplied to the Client.
2.2 These Terms of Business are deemed to be accepted by the
Client by virtue of its request for interview with or a Member
introduced by , or the passing of any information about the
Member to any third party following an Introduction.
2.3 These Terms contain the entire agreement between the
parties and unless otherwise agreed in writing by a Director of
the Nursing Business, these Terms prevail over any other terms
of business put forward by the Client.
2.4 No variation or alteration of these Terms and Conditions
shall be valid unless the details of such variation are agreed by
a Director of DNB H&SC and the Client and are set out in
writing and a copy of the varied terms is given to the Client
stating the date on or after which such varied terms shall apply.
DNB Health and Social Care Ltd
Company registration Number 7419895
3. TIMESHEETS
3.1 At the end of each week of an Assignment (or at the end of
the Assignment where it is for a period of one week or less, the
Client shall sign the DNB H&SC 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. If the Client is
unable to sign a time sheet produced for authentication by the
Member because the Client disputes the hours claimed, the
Client shall inform DNB H&SC as soon as is reasonably
practicable and shall cooperate fully and in a timely fashion
with DNB H&SC to enable DNB H&SC to establish what hours, if
any, were 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 is dissatisfied with the work
performed by the Member. In cases of unsuitable work the
Client should apply the provisions of clause 10.2below.
3.4 These Terms & Conditions are deemed to be accepted by
virtue of a signed timesheet
4. HOURLY CHARGES
4.1 The Client agrees to pay such hourly charges of DNB H&SC
as shall be notified to and agreed with the Client. The hourly
charges are calculated according to the number of hours
worked by the Member (to the nearest quarter hour) and
comprise mainly the Member’s pay and any sums due in
respect of holiday pay or any other statutory entitlement of the
Member but also include DNB H&SC’s commission calculated as
a percentage of the Member’s pay, employer’s National
Insurance contributions and any travel, hotel or other expenses
as may have been agreed with the Client or, if there is no such
agreement, such expenses as are reasonable.
4.2 The Client shall pay DNB H&SC’s charges current at the
commencement of the Assignment although these may be
DNB Health and Social Care Ltd
Company registration Number 7419895
varied with immediate effect from time to time during the
Assignment upon notification to the Client. The charges are
invoiced to the Client on a weekly basis and are payable within
28 days. Travelling, hotel and other expenses as may be
agreed, shall be added to or deducted from the invoice as
appropriate.
4.3 If payment in full is not made within 28 days of the date of
an account, DNB H&SC shall be entitled to charge interest on
the outstanding amount at the rate of 3% of the balance due for
each month outstanding.
4.4 There are no rebates payable in respect of DNB H&SC’s
charges.
4.5 Any queries regarding DNB H&SC’s charges as per invoice,
must be notified to DNB H&SC within 7 days of receipt of the
invoice. If no queries are raised in this period, the Client is
deemed to be fully satisfied with DNB H&SC’s charges and is
liable to pay the invoice in full within 28 days. Queries raised
against invoices will not preclude DNB H&SC from seeking to
recover the full invoice value from the Client, subject to any
changes caused by the query.
5. REMUNERATION, DEDUCTIONS AND STATUS
5.1 DNB H&SC is responsible for payment of all remuneration
due to the Member and for the deduction and payment of
National Insurance contributions and PAYE Income Tax
applicable to the Member pursuant to sections 4447 Of the
Income Tax (Earnings and Pensions) Act 2003.
5.2 The member is neither the Client’s employee nor that of
DNB H&SC but is engaged by DNB H&SC as a self-employed
person under a contract for services to provide services to the
Client.
6. INFORMATION TO BE PROVIDED
6.1 When making an Introduction of a Member to the Client,
DNB H&SC shall inform the Client of the identity of the Member;
DNB Health and Social Care Ltd
Company registration Number 7419895
that the Member has the necessary or required experience,
training, qualifications and any authorisation required by law or
a professional body to work in the Assignment; whether the
Member will be employed by DNB H&SC under a contract of
service or apprenticeship or a contract for services; and that
the Member is willing to work in the Assignment.
6.2 Where such information is not given in paper form or by
electronic means it shall be confirmed by such means by the
end of the third business day (excluding Saturday, Sunday and
any public or Bank holiday) following, save where the Member
is being Introduced for an Assignment in the same position as
one in which the Member had previously been supplied within
the previous five business days and such information has
already been given to the Client, unless the Client requests that
the information be resubmitted.
7. TRANSFER AND INTRODUCTION FEES
7.1 In the event of the Engagement by the Client of a Member
supplied by DNB H&SC either (1) directly or (2) pursuant to
being supplied by another nursing 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 considered to be the ‘first Assignment’ for these purposes);
or
• 8 weeks from the day after the last day the Member worked
on the
Assignment the Client shall be liable, to either an extended
period of hire as set out in 7. 3 below or a Transfer Fee
calculated in accordance with 7.2 below. The Client must give
DNB H&SC 5 days written notice in advance of the Engagement
of whether it has elected to take the period of extended hire or
to pay the Transfer Fee. However, where the client does not
give such notice before the member is engaged the parties
agree that the Transfer Fee shall be due.
DNB Health and Social Care Ltd
Company registration Number 7419895
7.2 The Transfer Fee shall be calculated as follows: 20% of the
Remuneration applicable during the first 12 months of the
Engagement or, if the actual amount of the Remuneration is not
known, the hourly charges agreed pursuant to clause 4.1
multiplied by 250. No refund of the Transfer Fee will be paid in
the event that the Engagement subsequently terminates.
7.3 The period of extended hire of the Nurse shall be 12 weeks
during which the Client shall pay the current hourly charge
agreed pursuant to clause 4.1 for each hour the Member is so
employed or supplied.
7.4 If the Client elects for a period of extended hire, as set out
above, but before the end of such period Engages the member
supplied by DNB H&SC either directly or pursuant to being
supplied by another nursing business or the Member chooses
not to be supplied for period of extended hire or for whatever
reason is unable to work for the whole period of extended hire,
the Transfer Fee calculated in accordance with 7.2 may be
charged, reduced by such percentage to reflect the period of
extended hire already undertaken by the Member and paid for
by the Client.
7.5 In the event that there is an Introduction of a Member to
the Client which does not result in the supply of that Member
by DNB H&SC to the Client, but which leads to an Engagement
of the Member by the Client either directly or pursuant to being
supplied by another nursing business within 6 months from the
date of Introduction the Client shall be liable, to either a period
of hire as set out in 7.3 or an Introduction Fee calculated in
accordance with 7.2 . The Client must give DNB H&SC 5 days
written notice in advance of the Engagement of whether it has
elected to take the period of hire or to pay the Introduction Fee.
However, where the client does not give such notice before the
Member is Engaged the parties agree that the Introduction Fee
shall be due. 7. 4 will apply where the extended period of hire
is not fulfilled.
7.6 In the event that the Engagement of the Member is for a
fixed term of less than 12 months, the fee in clause 7.2,
calculated as a percentage of the Remuneration, will apply pro-
DNB Health and Social Care Ltd
Company registration Number 7419895
rata. If the Engagement is extended beyond the initial fixed
term or if the Client re-engages the Member within 3 months
of the termination of the first Engagement the Client shall be
liable to pay a further fee based on the additional
Remuneration applicable for the period of Engagement
following the initial fixed term up to the termination of the
second Engagement or the first anniversary of its
commencement, whichever is sooner.
7.7 In the event that a Member supplied to a Client is
introduced by the Client to a third party which results in the
Engagement of the Member by the third party 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 considered to be the ‘first Assignment’ for these purposes);
or
• 8 weeks from the day after the last day the Member worked
on the
Assignment the Client shall be liable to pay a Transfer Fee
calculated as follows: 20% of the Remuneration applicable
during the first 12 months of the Engagement or, if the actual
amount of the Remuneration is not known, the hourly charges
agreed pursuant to clause 4.1 multiplied by 250. No refund of
the Transfer Fee will be paid in the event that the Engagement
subsequently terminates.
7.8 In the event that there is an Introduction of a member to
the Client which does not result in the supply of that Member
by DNB H&SC to the Client, but the Member is introduced by
the Client to a third party which results in the Engagement of
the Member by the third party within 6 months from the date of
Introduction the Client shall be liable, to an Introduction Fee as
shown in 7.4.
8. LIABILITY
8.1 Whilst every effort is made by DNB H&SC to ensure
reasonable standards of skills, integrity and reliability from the
DNB Health and Social Care Ltd
Company registration Number 7419895
Members carrying out the Assignments, no liability will be
accepted by DNB H&SC 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, DNB H&SC does not
exclude liability for death or personal injury arising from its
own negligence.
8.2 Members provide their services under contracts for services
entered into with DNB H&SC. Except where they are engaged to
render services on behalf of private patients, 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, bylaws, 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 Member during all Assignments.
8.3 The Client shall also advise DNB H&SC of any special health
and safety matters about which DNB H&SC 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 DNB H&SC in complying
with its own obligations under the Working Time Regulations
1998 by supplying any relevant information about the
Assignment requested by DNB H&SC and the Client will not do
anything to cause DNB H&SC 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 DNB H&SC of this
requirement before the commencement of that week.
8.4 The Client undertakes that it knows of no reason why it
would be
detrimental to the interests of the Member for the Member to
fill the
DNB Health and Social Care Ltd
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Assignment.
8.5 In all cases the Client shall indemnify and keep indemnified
DNB H&SC against any costs, claims, damages and expenses
incurred by DNB H&SC arising out of any Assignment or any
noncompliance with clauses 8.2 and 8.3 and/or as a result of
any breach of these Terms by the Client.
9. POLICIES AND PROCEDURES
9.1 Where the Client is the patient for whom the Assignment is
being
performed, the Member is precluded from assisting the Client
in relation to making a will or from benefiting under the terms
of any will or codicil made by the Client.
9.2 The Client will cooperate with DNB H&SC 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 DNB H&SC.
9.3 The Member will be subject to DNB H&SC’s policies
regarding administering and/or assisting with medication. The
policy will also define the limits of the Member’s assistance and
the tasks which may not be undertaken without specialist
training. The Client shall not request the Member to act in any
way which is a breach of the said policies.
9.4 Where the Member is supplied to a Client’s own home, any
third party owned equipment in the home shall not be used by
the Member unless the equipment is in a safe condition and the
necessary checks have been undertaken by the provider of the
equipment.
9.5 The Member will seek the Client’s informed consent in
relation to all aspects of care.
10. STATEMENT OF PURPOSE & COMPLAINTS PROCEDURE
10.1 DNB H&SC’s statement of purpose (prepared in
accordance with the Nurses Agencies Regulations 2002 and
DNB Health and Social Care Ltd
Company registration Number 7419895
The Health and Social Care Act 2008) is available on request
from DNB H&SC.
10.2 Where the client has any cause for concern or wishes to
make any complaint about the services provided during the
Assignment, the Client shall submit such complaints to DNB
H&SC and such complaint shall be dealt with in accordance with
DNB H&SC’s complaints procedure. A copy of DNB H&SC’s
complaints procedure will be supplied to the Client and to
anyone who requests a copy of the procedure on behalf of the
Client.
11. TERMINATION
11.1 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 DNB H&SC to terminate
the Assignment immediately. DNB H&SC may in such
circumstances reduce or cancel the charges for the time
worked by that Member, provided that the Assignment
terminates:
11.1.1. within four hours of the Nurse commencing the
Assignment where the booking is for more than seven hours; or
11.1.2. 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 DNB H&SC within 48 hours
of the termination of the Assignment.
11.2 Any of the Client, DNB H&SC or the Member may
terminate an Assignment at any time without prior notice.
11.3 Termination of an assignment with less than 8 hours
notice will incur a cancellation fee of 4 x hourly rate as per the
charges in 4.1.
11.4 The Client shall notify DNB H&SC immediately and without
delay and in any event within 24 hours if the Member fails to
DNB Health and Social Care Ltd
Company registration Number 7419895
attend work or notifies the Client that she is unable to attend
work for any reason.
12. SPECIAL SITUATIONS
12.1 Where the Member is required by law, or any professional
body to have any qualifications or authorisations to work on
the Assignment or the Assignment involves caring for or
attending one or more persons under the age of eighteen or
any person who by reason of age, infirmity or who is otherwise
in need of care or attention, DNB H&SC will take all reasonably
practicable steps to obtain and offer to provide to the Client:
• Copies of any relevant qualifications or authorisations of the
Member, and
• Two references from persons not related to the Member who
have
agreed that the references they provide may be disclosed to the
Client, and has taken all reasonably practicable steps to
confirm that the Member is suitable for the Assignment. If DNB
H&SC is unable to do any of the above it shall inform the Client
of the steps it has taken to obtain this information in any event.
13. FORCE MAJEURE
13.1 DNB H&SC will use its best endeavours to provide the
services of a Member throughout the Assignment. Should DNB
H&SC’s obligation to do so be materially interrupted or
interfered with by an event of force majeure, then such
obligation shall be suspended while the interference or
interruption continues and DNB H&SC will not be liable for any
loss the Client suffers or costs s/he incurs as a consequence of
the interference or interruption.
13.2 Both parties to this contract agree to use their best
endeavours to minimize and reduce any period of suspension
caused by an event of force majeure.
13.3 The expression “an event of force majeure” includes but is
not limited to fire, flood, casualty, lockout, strike, labour
disputes, industrial action of any kind, unavoidable accident,
breakdown of equipment, national calamity or riot, Acts of God,
DNB Health and Social Care Ltd
Company registration Number 7419895
the enactment of any Act of Parliament or the act of any other
legally constituted authority, any cause or event arising out of
or attributable to war, or any other cause or event (whether of a
similar or dissimilar nature) outside the reasonable control of
either party to this contract other than a shortage or lack of
money.
14 LAW
14.1 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.
________________________________________ _____________________
Signed by DNB H&SC Date
________________________________________ _____________________
Signed by or on behalf of the Client/Establishment Date
________________________________________
Trading Name
EFFECTIVE DATE October 26 2010
DNB Health and Social Care Ltd
54 Stafford Road
Caterham
Surrey
CR3 6JB
Reg : 7419895
DNB Health and Social Care Ltd
Company registration Number 7419895