Client Terms & Conditions for Introduction Services and Registration with AtHome Care Group Ltd
BACKGROUND
Welcome to AtHome Care Group Ltd. The following document confirms our terms and conditions which will form the contract between us, as an introduction agency, and you, the Client (the “Terms”).
We want to ensure that you understand these Terms and as a result can make an informed decision about engaging our Services. Please contact us as soon as possible if you need further clarification on any elements of the Terms.
These Terms shall apply to the provision of Services by AtHome Care to the Client through the AtHome Care website, carer introduction Portal, app, email, telephone or any other method through which AtHome provides its introduction services.
By submitting a Role/Vacancy/Advertisement, requesting AtHome to search for or introduce a Carer, registering with AtHome, accepting these Terms electronically, or otherwise instructing AtHome to provide its Services, the Client agrees to these Terms.
1. DEFINITIONS AND INTERPRETATION
1.1.
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
“Agreement” or “Contract” means the agreement between AtHome and the Client incorporating these Terms together with the relevant Role/Vacancy/Advertisement, pricing information and any other terms expressly agreed in writing between AtHome and the Client.
“AtHome” or “AtHome Care” means AtHome Care Group Ltd incorporated and registered in England and Wales with company number 13846347 whose registered office is at:
2 Stafford Place
Weston-Super-Mare
Somerset
United Kingdom
BS23 2QZ.
“Carer” means any person introduced to the Client by AtHome to provide care, support or companionship directly to a Care Recipient. In these Terms, the term Carer includes a Companion unless the context otherwise requires.
“Care Recipient” means the individual who will receive care, support or companionship. The Client and Care Recipient may be the same person.
“Client” means any individual, family member, representative, firm, company, organisation, partnership, agency or other person who asks AtHome to provide its Services or who receives an Introduction.
“Companion” means any person introduced to the Client by AtHome primarily to provide companionship and associated non-personal-care support.
“Confidential Information” means information which is confidential by its nature or circumstances, including information relating to AtHome, a Client, Care Recipient or Carer and, in particular, non-public information identifying or relating to a Carer introduced by AtHome.
“Engagement” means the employment, engagement, booking, use or other arrangement under which a Carer introduced by AtHome provides services directly to the Client, Care Recipient or a third party to whom the Client has introduced the Carer, whether on a permanent, temporary, live-in, daily, hourly, short-term or other basis.
“Introduction” means AtHome providing the Client with information which identifies or enables the Client to identify or contact a Carer for the purpose of considering or arranging an Engagement.
“Introduction Fee” means the fee payable by the Client to AtHome for AtHome's introduction services in accordance with Clause 7.
“Portal” means the AtHome introduction portal accessed through www.athomecaregroup.co.uk, https://hire.athomecaregroup.co.uk, the AtHome Care Group Ltd App, or another platform notified by AtHome.
“Role” or “Role/Vacancy/Advertisement” means the Client's description of its requirement for a Carer, Companion or other care or support arrangement.
“Services” means AtHome's introductory, work-finding, matching, registration, administrative and associated services as described in these Terms.
1.2.
References to legislation include that legislation as amended, extended, re-enacted or replaced from time to time.
2. THE CONTRACT
2.1.
These Terms together with the relevant Role, pricing information and any terms expressly agreed in writing between AtHome and the Client form the Contract.
2.2.
These Terms prevail over any other terms proposed by the Client unless AtHome expressly agrees otherwise in writing.
2.3.
No variation to the Contract shall be effective unless agreed between AtHome and the Client in writing, except where a change is required by law.
2.4.
Where the Client is a consumer, nothing in these Terms excludes or restricts any right or remedy which cannot lawfully be excluded or restricted.
2.5.
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be severed or modified to the minimum extent necessary and the remaining provisions shall continue in force.
3. ROLES, VACANCIES AND ADVERTISEMENTS
3.1.
AtHome may decline, suspend, cancel or remove a Role where AtHome reasonably considers it necessary, including where:
a. insufficient or materially inaccurate information has been provided;
b. the Role appears unlawful;
c. the Role contains or appears to contain an unlawfully discriminatory requirement;
d. there is a safeguarding, suitability or compliance concern;
e. the Client has materially breached these Terms; or
f. AtHome reasonably considers that continuing to advertise or act upon the Role may place AtHome, a Carer, a Client or Care Recipient at risk.
3.2. Equality and Non-Discrimination
The Client must not request, impose or include any requirement which unlawfully discriminates against a prospective Carer contrary to the Equality Act 2010 or other applicable equality legislation.
Where a Client considers that a particular characteristic is lawfully required for the Role because an occupational requirement or another statutory exception applies, the Client must provide AtHome with sufficient information to allow the requirement and the basis relied upon to be considered before it is advertised or communicated to prospective Carers.
AtHome may refuse to publish, circulate or act upon any Role which AtHome reasonably considers contains an unlawful discriminatory requirement.
3.3.
If AtHome reasonably believes a Role or instruction involves unlawful activity, safeguarding concerns or conduct which should properly be reported, AtHome may report the relevant circumstances to the police, safeguarding authority, regulator or other appropriate authority where lawful and appropriate.
3.4.
Roles may remain open and viewable by prospective Carers for such period as AtHome considers appropriate or as otherwise agreed with the Client.
The Client is responsible for informing AtHome promptly when a Role has been filled, changed or is no longer required.
3.5.
Unless otherwise agreed, each Role should relate to one care requirement or vacancy.
4. CONSUMER RIGHT TO CANCEL THE ATHOME CONTRACT
4.1.
This Clause applies where the Client is a consumer and the Contract with AtHome is a distance contract or off-premises contract to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply.
4.2.
Where the statutory cancellation right applies, the Client will normally have the right to cancel the Contract with AtHome during the period of 14 days beginning on the day after the Contract is entered into, without giving a reason.
4.3.
The Client may cancel by giving AtHome a clear statement that they wish to cancel using the contact details provided by AtHome.
4.4. Services Requested During the Cancellation Period
The Client may expressly request that AtHome begin providing its Services before the expiry of the statutory cancellation period.
Where the Client makes such a request and subsequently exercises a statutory right to cancel before AtHome's Services have been fully performed, the Client may be required to pay AtHome an amount permitted by law which is proportionate to the Services supplied before cancellation.
4.5. Full Performance During the Cancellation Period
Where AtHome has fully performed the relevant Services during the statutory cancellation period, the Client's statutory cancellation right will only be lost where the requirements prescribed by applicable consumer law have been satisfied, including any requirement for the Client's prior express consent to full performance during the cancellation period and acknowledgement that the cancellation right will be lost once the Contract has been fully performed.
4.6.
Where the Client is entitled to a statutory refund following cancellation, AtHome will make that refund within the period required by applicable law.
4.7.
Nothing in these Terms restricts any statutory cancellation, refund or other consumer right which cannot lawfully be restricted.
5. ATHOME'S ROLE AND OBLIGATIONS
5.1. Introductory Agency
AtHome operates as an introductory agency.
AtHome introduces Clients to Carers who may then enter into their own direct arrangements for care, support or companionship.
AtHome does not itself provide the personal care delivered by the Carer and does not become the Carer's employer merely by making an Introduction.
Following an Introduction and Engagement, AtHome does not direct or control the manner in which the Carer provides personal care.
The Client or Care Recipient remains responsible for directing and controlling their own care arrangement with the Carer.
AtHome's activities are intended to remain within the role of an introductory agency and not to constitute ongoing direction or control of the personal care provided by an introduced Carer.
5.2.
AtHome will use reasonable endeavours to identify and introduce Carers who appear potentially suitable for the Role based upon the information available to AtHome.
5.3.
AtHome does not guarantee:
a. that a particular Carer will be available;
b. that an Introduction will result in an Engagement;
c. that an Engagement will continue for any particular period;
d. that a Carer will agree to the Client's proposed terms; or
e. the future conduct of any Carer.
5.4. Carer Information and Registration
AtHome carries out the identity, right-to-work and statutory introduction checks which AtHome is required to carry out under applicable law and its stated registration procedures.
Depending upon the Role and the applicable legal requirements, AtHome may obtain or request information including:
a. a CV or details of relevant experience;
b. DBS, PVG or other legally appropriate criminal-record information;
c. identification documentation;
d. driving licence information where relevant;
e. evidence relating to the Carer's right to work in the United Kingdom;
f. proof of address;
g. relevant qualifications and training certificates;
h. evidence of public liability or self-employed Carer insurance where applicable;
i. evidence relating to self-employment where relevant;
j. references; and
k. profile photographs and, where provided, video.
5.5. Right to Work
AtHome will carry out right-to-work checks which are required of AtHome under the law applying at the relevant time.
For Engagements commencing on or after 1 October 2026, this includes the right-to-work regime under the Immigration, Asylum and Nationality Act 2006 as amended by the Border Security, Asylum and Immigration Act 2025, insofar as that regime applies to AtHome as an online matching service or other person within the statutory scheme.
Depending upon the Carer's nationality, immigration status and circumstances, the appropriate prescribed process may include:
a. a manual right-to-work document check;
b. an appropriate digital identity verification check through a qualifying Digital Verification Service;
c. a Home Office online right-to-work check using a valid share code and the information required by the Home Office; or
d. the Home Office Employer Checking Service where applicable.
Where a repeat right-to-work check is required by law, AtHome may require the Carer to provide information necessary to complete that check.
AtHome's right-to-work check does not remove any separate right-to-work or immigration obligation which may apply to the Client in connection with the Client's direct Engagement of the Carer.
5.6. Vulnerable Persons and Statutory Introduction Checks
Where the proposed Engagement involves caring for or attending to a vulnerable person, AtHome will carry out the checks and obtain or seek the information required of it under applicable work-finding legislation.
Where required, this includes:
a. obtaining two written references from persons who are not relatives of the Carer and who have agreed that their references may be disclosed to the Client;
b. obtaining or checking relevant qualifications and authorisations required by law, a relevant professional body or for the Role;
c. offering or providing relevant information or documents to the Client as required by law;
d. taking all other reasonably practicable steps required of AtHome to establish that the Carer is not unsuitable for the Role; and
e. confirming information to the Client within any statutory timescale applicable to the Introduction.
5.7. Required Information That Cannot Be Obtained
The Carer is responsible for supplying AtHome with complete, accurate and current information and documentation requested from them.
Where applicable law requires AtHome to obtain references, qualifications, authorisations or other information, AtHome will take the reasonably practicable steps required of it.
If AtHome has taken the steps required by law but is unable to obtain all required information or documentation, including because the Carer, referee, professional body or other third party has failed or been unable to provide it, AtHome may only proceed with the Introduction where applicable law permits it to do so.
Where an Introduction lawfully proceeds despite information being unavailable, AtHome will tell the Client what information could not be obtained and the steps taken to try to obtain it where required by law.
5.8.
AtHome will provide or make available to the Client information concerning an introduced Carer which AtHome is legally required to provide and other relevant information which AtHome has lawfully obtained for the purposes of the Introduction.
5.9.
AtHome undertakes the checks required by law and its stated registration procedures but cannot guarantee the future conduct, honesty, competence or suitability of a Carer after those checks have been completed.
6. CLIENT'S OBLIGATIONS
6.1.
The Client shall provide AtHome with all information reasonably required for AtHome to provide its Services and comply with its legal obligations.
The Client must ensure, so far as reasonably possible, that information provided to AtHome is complete, accurate and current.
6.2.
The Client shall not provide information which is knowingly false, misleading, defamatory, unlawful, discriminatory or which unlawfully infringes the rights of another person.
6.3. Role Information
The Client must provide AtHome with information reasonably required concerning the proposed Engagement including, where applicable:
a. the Client's identity;
b. the nature of the Client's requirement;
c. the proposed start date;
d. the expected duration;
e. the position or type of work;
f. duties required;
g. location;
h. expected days and hours;
i. remuneration proposed or agreed;
j. payment intervals;
k. expenses payable by or to the Carer;
l. experience or training required;
m. qualifications or authorisations required by the Client, law or a professional body;
n. relevant health and safety risks;
o. measures taken to prevent or control those risks; and
p. any other information which AtHome is legally required to obtain from the Client.
6.4.
AtHome is not required to proceed with an Introduction until the Client has provided information which AtHome reasonably requires to provide the Services lawfully.
6.5. Division of Responsibilities for Checks
AtHome and the Client have separate responsibilities.
AtHome performs the checks and information-gathering which applicable law requires of AtHome as an introductory or work-finding agency and carries out its stated registration procedures.
The Client makes the final decision whether the particular Carer is suitable for the particular Engagement and is responsible for carrying out any separate check or legal obligation which applies to the Client as the direct hirer or engager of the Carer.
6.6.
Information gathered by AtHome may be made available to the Client through the Portal or by another appropriate method.
The Client is free to carry out additional lawful enquiries or obtain additional information directly from the Carer, referees or other appropriate sources.
6.7. Client's Assessment of Suitability
Before entering into an Engagement, the Client should make its own assessment of whether the Carer is suitable for the particular circumstances.
Depending upon the Role, this may include:
a. interviewing or speaking with the Carer;
b. reviewing identification information made available to the Client;
c. considering the Carer's experience;
d. considering relevant qualifications and training;
e. considering references;
f. reviewing relevant DBS/PVG information where appropriate;
g. discussing competence for particular tasks;
h. considering driving requirements;
i. discussing health and safety arrangements;
j. discussing working arrangements, hours and breaks; and
k. agreeing the terms of the direct Engagement.
6.8.
The Client must not rely on any DBS, PVG, right-to-work, reference, qualification or other check as a guarantee of the Carer's future behaviour or suitability.
AtHome will carry out those checks which are required of AtHome by law or its stated registration procedures.
The Client remains responsible for complying with any separate legal obligation that applies to the Client.
6.9.
The Client is responsible for any medical examination, occupational-health assessment or other investigation which the Client independently requires and which is lawful and appropriate to the Engagement.
6.10. Direct Arrangement and Legal Status
The Client and Carer are responsible for ensuring that their direct arrangement accurately reflects its true self-employment and tax status and for complying with any obligations that apply to that arrangement.
The description of a Carer as self-employed does not by itself determine the Carer's legal status.
AtHome does not accept responsibility for employment, worker, tax, National Insurance or other obligations which arise solely from the direct relationship between the Client and Carer, except to the extent that applicable law places a responsibility directly upon AtHome.
6.11.
The Client and Carer are responsible for entering into an appropriate direct agreement governing the Engagement.
AtHome may provide template documentation and general information but does not determine the final contractual relationship between the Client and Carer.
7. ATHOME INTRODUCTION FEES
7.1. Nature of the Fee
AtHome charges the Client an Introduction Fee for its introduction services where the Client engages a Carer introduced by AtHome.
The Introduction Fee is AtHome's own fee.
It is entirely separate from the remuneration, expenses or other sums payable by the Client directly to the Carer.
There are no set-up fees unless advised expressly by AtHome Care Group Ltd
7.2. Live-In Care Introduction Fee Options
For an introduced Carer engaged to provide live-in care, the Client may select either:
a. Daily Introduction Fee
An Introduction Fee starting from £16 per day plus any applicable taxes for each day that the introduced Carer remains engaged by the Client.
b. One-Off Introduction Fee
A one-off Introduction Fee of £5,000 plus any applicable taxes for each introduced live-in Carer engaged by the Client; or
The exact daily Introduction Fee applicable to the arrangement will be communicated to the Client before the relevant pricing option is selected. Our default method is the Daily Introduction fee. If the Client wishes to opt for a One-Off introduction Fee this can be arranged
7.3. Hourly Care Introduction Fee Options
For an introduced Carer engaged to provide hourly care, the Client may select either:
a. Hourly Introduction Fee
An Introduction Fee of between £4 and £6 per hour plus any applicable taxes, depending upon the hours booked with the Carer and the type of care or support required; OR
b. One-Off Introduction Fee
A one-off Introduction Fee of £1,000 plus any applicable taxes for each introduced hourly Carer engaged by the Client.
The exact hourly Introduction Fee applicable to the arrangement will be communicated to the Client before that pricing option is selected. Our default method is the Hourly Introduction fee. If the Client wishes to opt for a One-Off introduction Fee this can be arranged
7.4. Taxes and Total Price
Where VAT or another mandatory tax is legally chargeable on an Introduction Fee, it will be added at the legally applicable rate.
Where the Client is a consumer, AtHome will provide the Client with the total price payable including mandatory taxes and charges where that total can be calculated in advance.
Where the total cannot reasonably be calculated in advance, AtHome will clearly explain how the Introduction Fee will be calculated so that the Client can understand the amount payable.
7.5. Choice of Introduction Fee Payment Model
The Client may choose between the available Introduction Fee payment models applicable to the Engagement.
The daily or hourly Introduction Fee option is offered to allow the Client to spread the cost of AtHome's Introduction Fee over the period during which the Client requires the introduced Carer's services, rather than paying the applicable one-off Introduction Fee at the outset.
The Client acknowledges that the total amount paid under the daily or hourly Introduction Fee option will depend upon the duration and/or number of hours of the Carer's Engagement and may be less than or greater than the applicable one-off Introduction Fee. In the case of live-in care, the total amount paid under the daily Introduction Fee option may therefore be less than or greater than the £5,000 one-off Introduction Fee. In the case of hourly care, the total amount paid under the hourly Introduction Fee option may therefore be less than or greater than the £1,000 one-off Introduction Fee.
The Client may elect at any time to change from one available Introduction Fee payment model to another by notifying AtHome.
Any change of Introduction Fee payment model will apply prospectively from the date on which the change takes effect and will not operate retrospectively.
All Introduction Fees which have already accrued, been invoiced or otherwise become due before the change of payment model remain due and payable and will not be cancelled, credited or refunded merely because the Client changes payment model.
AtHome will confirm the applicable new Introduction Fee and the date from which the new payment model will apply before the change takes effect.
The Client will not be charged under two different Introduction Fee payment models for the same period of an Engagement.
7.6. What the Introduction Fee Covers
The Introduction Fee is consideration for AtHome's introductory and associated services, which may include:
a. discussing and identifying the Client's requirements;
b. advertising or circulating the Role;
c. identifying and selecting potentially suitable Carers;
d. obtaining and reviewing information and documentation from Carers;
e. carrying out the checks required of AtHome by law and its stated registration procedures;
f. providing relevant Carer information to the Client;
g. providing access to the Portal;
h. providing general guidance concerning direct Engagement arrangements;
i. providing template documentation where available;
j. making Introductions;
k. responding to queries concerning AtHome's introduction service; and
l. making further or replacement Introductions where requested and reasonably possible.
7.7. Continuing Daily or Hourly Introduction Fees
Where the Client selects the daily or hourly Introduction Fee model, the fee is calculated by reference to the duration of the Client's continuing Engagement of the Carer.
The Introduction Fee is payable for AtHome's introduction arrangements and is not payment for the personal care performed by the Carer.
Payment of an Introduction Fee does not give AtHome responsibility for managing, supervising, monitoring, directing or controlling the personal care delivered by the Carer.
7.8. When an Introduction Fee Becomes Payable
Where AtHome has introduced a Carer and the Client subsequently engages that Carer, the applicable Introduction Fee becomes payable in accordance with the payment model selected by the Client.
The Client must notify AtHome promptly when an introduced Carer is engaged and must provide information reasonably required for AtHome to calculate its Introduction Fee.
7.9. Direct Engagement Does Not Avoid the Introduction Fee
The Client and Carer are expected to enter into their Engagement directly.
The fact that the Client and Carer communicate directly, enter into a direct agreement, or make payments directly between themselves does not extinguish the Client's obligation to pay AtHome the properly agreed Introduction Fee.
Where AtHome introduces a Carer whom the Client subsequently engages, the agreed Introduction Fee remains payable.
7.10. Introduction Through a Third Party
The applicable Introduction Fee will also remain payable where:
a. AtHome introduces a Carer to the Client; and
b. the Client subsequently introduces or provides that Carer's information to another person or organisation; and
c. that person or organisation engages the Carer as a result of AtHome's original Introduction,
to the extent permitted by applicable law.
7.11. Concealment or Avoidance of Introduction Fees
The Client must not deliberately conceal an Engagement, provide materially false information, arrange payment or communication in a misleading manner, or procure another person to engage an introduced Carer for the purpose of avoiding an Introduction Fee properly due to AtHome.
Where the Client does so, AtHome shall be entitled to:
a. recover the Introduction Fee which would otherwise have been properly payable;
b. recover reasonably foreseeable direct losses and reasonable recovery costs caused by the Client's material breach, insofar as they are legally recoverable;
c. suspend or terminate the Client's access to the Portal;
d. refuse further Introductions; and
e. take reasonable steps, including legal proceedings, to recover sums lawfully due.
Nothing in this Clause entitles AtHome to recover a penalty or other sum which cannot lawfully be recovered.
7.12. Invoicing and Payment of AtHome Fees
AtHome will invoice the Client for AtHome's own Introduction Fees.
The Client must pay the Introduction Fee by the due date stated on the invoice or otherwise agreed in writing.
AtHome may accept payment by bank transfer, Direct Debit, debit or credit card, or another payment method notified to the Client.
7.13. Late Payment
Where an Introduction Fee properly due to AtHome remains unpaid, AtHome may:
a. notify the Client of the outstanding amount;
b. require payment within a reasonable period;
c. charge interest on the overdue amount where permitted by law;
d. suspend further Introductions while properly due amounts remain outstanding;
e. terminate or suspend the Client's registration or access to the Portal; and
f. take reasonable recovery or legal action in respect of sums properly due.
7.14. Refunds
Introduction Fees which have properly accrued or become payable for Services already supplied by AtHome are non-refundable, including where the Client subsequently chooses to end an Engagement with the Carer or no longer requires the Carer's services.
A one-off Introduction Fee which has become payable because the Client has engaged an introduced Carer does not become refundable merely because that Engagement later ends, is shortened, or does not continue for the period originally anticipated.
Daily or hourly Introduction Fees which have already accrued are non-refundable.
However, nothing in this Clause excludes or restricts:
a. the Client's statutory cancellation rights under Clause 4;
b. any right to a refund required by the Consumer Rights Act 2015;
c. any right arising because AtHome has failed to provide its Services with reasonable care and skill; or
d. any other refund or remedy which AtHome is required by law to provide.
No refund will be payable merely because the Client changes their mind after the relevant Introduction service has been supplied or because the Client's direct Engagement with the Carer subsequently ends, except where the law requires otherwise.
8. CARER REMUNERATION, EXPENSES AND DIRECT ENGAGEMENT
8.1.
The Client confirms that the Carer is engaged directly by the Client or Care Recipient and not by AtHome.
8.2.
The Client and Carer are responsible for agreeing the Carer's remuneration, payment terms, hours, expenses and other financial arrangements directly between themselves.
8.3.
The Carer will invoice the Client directly for the Carer's remuneration and expenses in accordance with the agreement between the Client and Carer.
8.4.
AtHome does not receive, hold, process, collect or forward the Carer's remuneration.
AtHome does not act as payment intermediary, trustee, payroll provider or payment facilitator for sums payable by the Client to the Carer.
8.5.
AtHome may receive copies of invoices or information concerning hours completed for administration of its introduction arrangements only, including calculating the applicable Introduction Fee.
Receipt or retention of that information does not mean that AtHome:
a. approves the Carer's invoice;
b. verifies that the care has been performed;
c. monitors the quality or delivery of care;
d. supervises the Carer;
e. directs how personal care is provided; or
f. assumes responsibility for payment of the Carer's remuneration.
8.6.
AtHome recommends that the Client and Carer agree payment within 48 hours of receipt of a valid Carer invoice, but the payment terms are agreed directly between the Client and Carer.
8.7.
Any dispute concerning the Carer's remuneration, expenses or invoice is principally a matter between the Client and Carer.
AtHome is not responsible for unpaid Carer remuneration and is not obliged to intervene in a payment dispute between the Client and Carer.
8.8. Employment, Tax and Other Liabilities
The Client and Carer are responsible for ensuring their direct arrangement accurately reflects its true employment, self-employment and tax status and for complying with all obligations which apply to that arrangement.
AtHome does not assume liability for PAYE, income tax, National Insurance, pension contributions, holiday pay, sick pay, employment rights, worker rights, immigration obligations or any other liability arising solely from the legal status of the direct Client-Carer relationship.
This exclusion applies to the fullest extent permitted by law but does not exclude a liability which applicable law places directly upon AtHome and which cannot lawfully be excluded.
9. BUSINESS, ORGANISATIONAL AND AGENCY CLIENTS
9.1.
A Client acting in the course of a business, profession, agency or organisation must accurately disclose that status to AtHome.
9.2.
A business or agency Client must not knowingly present itself as a private individual or family for the purpose of obtaining access to AtHome's Services, Carer information, consumer pricing or other arrangements which would not otherwise apply to it.
9.3.
AtHome may suspend, refuse or terminate Services where a Client has materially misrepresented its identity, status, purpose or intended use of Carer information.
9.4.
A business or agency Client is responsible for complying with all legal, regulatory, employment, immigration, tax, data-protection and other obligations which apply to its own activities.
9.5.
Where a business or agency Client's material breach or unlawful instruction causes AtHome reasonably foreseeable direct loss, liability or expense, the Client shall be responsible for that loss to the fullest extent legally recoverable, subject to Clauses 13 and 14.
10. CHANGES TO OR ENDING A CARER ENGAGEMENT
10.1.
The Client must inform AtHome promptly if an Engagement with an introduced Carer:
a. commences;
b. is materially extended;
c. materially changes;
d. ends;
e. is cancelled before commencement; or
f. recommences after previously ending,
where that information is reasonably required for AtHome to administer the Introduction or calculate an Introduction Fee.
10.2.
Notice, cancellation payments and other financial consequences arising from termination of the direct Engagement between Client and Carer are matters for the Client and Carer to agree directly.
AtHome may provide template or recommended cancellation terms for their consideration, but AtHome does not determine the Carer's entitlement to remuneration under the direct Engagement.
10.3.
Where a Carer withdraws from or ends an Engagement, AtHome may, at the Client's request, use reasonable endeavours to introduce another potentially suitable Carer.
AtHome does not guarantee that:
a. a replacement will be available;
b. a replacement will be available within a particular period;
c. a replacement will charge the same remuneration; or
d. a replacement will agree to the same terms as the previous Carer.
10.4. Administrative Records
AtHome may retain administrative records relating to:
a. Introductions;
b. the identity of Clients and Carers;
c. dates and duration of Engagements;
d. hours or invoice information supplied to AtHome where relevant to its Introduction Fees or administrative obligations;
e. compliance checks;
f. communications concerning AtHome's introduction service;
g. complaints or safeguarding matters; and
h. records AtHome is required or reasonably entitled to retain by law.
AtHome does not maintain such records for the purpose of clinically monitoring, supervising or directing the personal care delivered by a Carer.
10.5.
Ending the Client's Contract with AtHome does not automatically terminate a separate direct Engagement between the Client and Carer.
10.6.
Termination of this Contract does not extinguish any Introduction Fee or other amount which properly accrued or became payable before termination or which becomes payable because of an Introduction made before termination.
11. CONFIDENTIALITY AND INTRODUCED CARER INFORMATION
11.1.
Each party shall keep confidential Confidential Information received from the other and shall not use or disclose it except:
a. for purposes reasonably connected with the Contract or proposed Engagement;
b. with appropriate consent;
c. to professional advisers who are subject to appropriate duties of confidentiality;
d. for safeguarding purposes;
e. to police, regulators, courts, public authorities or other bodies where required or permitted by law; or
f. where the information has lawfully entered the public domain otherwise than through breach of this Clause.
11.2.
Information supplied by AtHome which identifies or relates to an introduced Carer must not be disclosed to another person for an unrelated commercial purpose or for the purpose of circumventing an Introduction Fee properly payable to AtHome.
11.3.
Where the Client discloses information concerning an introduced Carer to a third party and that disclosure results in an Engagement of the Carer by that third party, AtHome's properly agreed Introduction Fee remains payable in accordance with Clause 7 where the fee is legally due.
11.4.
Where the Client materially breaches this confidentiality Clause, AtHome may recover:
a. any Introduction Fee which is properly due;
b. reasonably foreseeable direct loss caused by the breach;
c. reasonable costs of investigating or enforcing the breach to the extent legally recoverable; and
d. such other remedy as the law permits.
11.5.
Nothing in this Clause creates a penalty or requires the Client to pay a sum which AtHome is not legally entitled to recover.
11.6.
This Clause survives termination of the Contract.
12. DATA PROTECTION
12.1. Applicable Law
In this Clause, “Data Protection Legislation” means all data-protection and privacy legislation applicable in the United Kingdom from time to time, including:
a. the UK General Data Protection Regulation (“UK GDPR”);
b. the Data Protection Act 2018;
c. the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”), where applicable;
d. the Data (Use and Access) Act 2025 insofar as applicable; and
e. any legislation which amends, replaces or supplements those laws.
12.2. Roles of the Parties
Each party is responsible for complying with applicable Data Protection Legislation in relation to the personal data which that party processes.
AtHome determines the purposes and means of substantial parts of the personal-data processing required to operate its registration, matching, Introduction, administration, compliance, safeguarding, complaints and legal functions and acts as a data controller in relation to that processing.
The Client may separately act as a controller or otherwise have responsibilities under Data Protection Legislation in respect of information the Client receives or processes concerning a Carer, Care Recipient or other person, to the extent that Data Protection Legislation applies to that processing.
Neither party is deemed to be the other's processor merely because information is exchanged for the purposes of an Introduction.
12.3.
AtHome may process personal data for purposes including:
a. administering Client registrations and enquiries;
b. understanding care requirements;
c. registering and checking Carers;
d. making Introductions;
e. complying with work-finding, right-to-work, safeguarding and other legal obligations;
f. administering Introduction Fees;
g. operating and protecting the Portal and business systems;
h. handling complaints and disputes;
i. maintaining compliance records;
j. establishing, exercising or defending legal claims; and
k. other purposes described in AtHome's Privacy Policy.
12.4.
The Client must process Carer information lawfully and securely and must not use personal data obtained through AtHome for an unrelated or unlawful purpose.
12.5.
Further information concerning AtHome's collection and use of personal data is contained in AtHome's Privacy Policy available through its website.
12.6.
Nothing in these Terms requires either party to process personal data in a manner contrary to applicable Data Protection Legislation.
13. LIABILITY
13.1.
AtHome will provide its Introduction Services with reasonable care and skill and will carry out those checks and information-gathering obligations which applicable law places upon AtHome.
13.2.
AtHome does not guarantee:
a. that a Carer will be available;
b. that an Introduction will result in an Engagement;
c. that an Engagement will continue;
d. the future conduct or performance of a Carer;
e. that information supplied by a Carer will remain accurate indefinitely; or
f. that a Client and Carer will be compatible.
13.3.
Particulars, profiles and information concerning Carers are supplied in good faith using information obtained from the Carer and other relevant sources.
AtHome undertakes the checks required by law and its stated registration procedures but cannot guarantee future conduct or that information which was accurate when obtained will remain unchanged.
13.4.
The final decision whether to engage a Carer belongs to the Client.
13.5.
To the fullest extent permitted by law, AtHome is not responsible for any act, omission, negligence, misconduct, dishonesty or lack of skill of an independent Carer acting under a direct Engagement where AtHome is not itself legally responsible for that act or omission.
13.6.
AtHome is not responsible for directing, supervising or controlling the personal care delivered under the direct Engagement.
13.7.
AtHome shall not be liable for failure or interruption of the Portal caused by malicious software, cyberattack, communications failure or another event beyond AtHome's reasonable control, except to the extent that AtHome is legally liable for failing to take reasonable measures required of it.
13.8.
Except in the case of fraud, death or personal injury caused by AtHome's negligence, or another liability which cannot lawfully be excluded or restricted, the maximum liability of AtHome to the Client, whether in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the sum actually recovered by AtHome under the professional indemnity insurance policy held by AtHome in the insurance year in which the Client's claim is first notified.
13.9.
Nothing in these Terms excludes or restricts:
a. liability for death or personal injury caused by AtHome's negligence;
b. fraud or fraudulent misrepresentation;
c. the Client's statutory rights under the Consumer Rights Act 2015;
d. AtHome's obligation to provide its Services with reasonable care and skill; or
e. any other liability which cannot lawfully be excluded or restricted.
14. CLIENT RESPONSIBILITY, INDEMNITY AND RECOVERY OF LOSS
14.1. Consumer Clients
Where the Client is a consumer, the Client shall be responsible for reasonably foreseeable direct losses suffered by AtHome as a result of the Client's material breach of these Terms, to the extent that those losses are legally recoverable.
Nothing in this Clause requires a consumer to indemnify AtHome against a liability which cannot lawfully be transferred to the consumer or which would constitute an unfair term under applicable consumer law.
14.2. Business and Organisational Clients
Where the Client is acting wholly or mainly for purposes relating to its trade, business, profession or organisation, the Client shall indemnify AtHome to the fullest extent permitted by law against reasonably incurred losses, liabilities, claims, damages, costs and expenses, including reasonable legal and professional costs, arising directly from:
a. a material breach of this Contract by the Client;
b. materially false or misleading information supplied by the Client;
c. an unlawful instruction given by the Client;
d. the Client's failure to comply with an employment, tax, immigration, health and safety, data-protection or other legal obligation which applies directly to the Client;
e. unlawful use or disclosure of Carer information by the Client; or
f. an act or omission of the Client for which AtHome becomes liable to a third party,
except to the extent that the relevant loss was caused or contributed to by AtHome's own negligence, breach of Contract, breach of statutory duty or other legal responsibility.
14.3.
AtHome may recover properly due Introduction Fees, reasonably foreseeable direct losses and reasonable legal or recovery costs to the extent that the law permits such recovery.
14.4.
Nothing in this Clause excludes or limits a liability which cannot lawfully be excluded or limited.
15. NOTICES
All notices which are required to be given in accordance with this Contract shall be delivered through the Portal.
AtHome reserves the right in certain circumstances to deliver notices personally, by email or by first-class prepaid post to the address notified by the relevant party.
Any such notice shall be deemed to have been served:
a. if delivered by hand, when delivered;
b. if sent by first-class post, 48 hours following posting; and
c. if sent by email or through the Portal, when the email or communication is sent, subject to applicable law.
16. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations where that failure or delay results from a cause beyond that party's reasonable control.
Such causes may include power failure, internet service-provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or another event beyond the reasonable control of the party concerned.
17. LAW AND JURISDICTION
This Contract, including any non-contractual matters and obligations arising from or associated with it, shall be governed by and construed in accordance with the laws of England and Wales.
Any dispute, controversy, proceedings or claim between the parties relating to this Contract, including any non-contractual matters and obligations arising from or associated with it, shall fall within the jurisdiction of the courts of England and Wales, subject to any mandatory jurisdiction rights which apply to a consumer.
SCHEDULE 1
Guide to Activities Suitable for Carers and Companions
Yes = acceptable suggestion for both Carer and Companion role and No = not acceptable for a Companion Role
Role Description
Companionship and conversation -Yes
Help with light housekeeping - Yes
Preparing and cooking meals / Preparing drinks and snacks - Yes
Escorting to clubs and activities and running errands - Yes
Light Gardening - Yes
Pick up prescriptions or groceries - Yes
Support to care for pets - Yes
Holiday Companionship / Help with Travel - Yes
Hospital discharge companionship/help with transport and daily household tasks - Yes
Aiding Lifting and turning of people with the use of lifting equipment such as hoists. - No
Personal care needs such as showering, bathing and dressing - No
Reporting any changes in the person’s condition - No
Achieving the person’s maximum level of independence - No
Support with prompting medication - No
Care for people with a Physical Disability - No
Palliative care - No
Care for people with Dementia / Parkinson / Neurological issues - No
Respite Care / Temporary care - No
For Clients that need close supervision - No
End of Life Care - No
Support with toileting and maintaining hygiene - No