TERMS OF SERVICE
3.1 Introduction
These Terms of Service (“Terms”) govern the services provided by Cúram Lae Oíche Teoranta, trading as Circadian Live In Care (“Circadian”, “we”, “us”, “our”).
Circadian Live In Care provides an introductory service that helps families identify and establish live-in care arrangements with independent carers.
By engaging our services, clients, families and carers agree to these Terms where applicable.
3.2 Nature of Our Service
Circadian Live In Care operates as an introductory service. Our role may include:
- Understanding the family’s requirements for live-in care
- Identifying potentially suitable independent carers
- Providing relevant information about carers to families for their consideration
- Facilitating introductions between families and independent carers
- Providing guidance to families around the introduction and ongoing arrangement
- Where a carer is no longer able to continue, helping the family consider alternative arrangements and, where appropriate, introducing another suitable independent carer
Circadian Live In Care does not:
- Employ the independent carers introduced to families
- Provide medical, nursing or clinical services
- Direct or supervise the day-to-day provision of care by independent carers
- Provide medical advice or make clinical decisions
- Act as a healthcare provider
The family and independent carer are responsible for agreeing the terms of their care arrangement directly with one another.
3.3 Agreements Between Families and Independent Carers
Any care agreement is entered into directly between the family or client and the independent carer, unless otherwise expressly agreed in writing.
Circadian Live In Care is not a party to the care agreement and does not employ the independent carer.
The family and independent carer are responsible for agreeing the practical terms of the arrangement, including the duties, working arrangements and payment of the carer.
Carers introduced through Circadian Live In Care operate on a self-employed basis. The family and the carer are each responsible for their own tax, PRSI and other statutory obligations arising from the arrangement between them, and Circadian Live In Care accepts no responsibility for either party’s compliance with those obligations. A carer’s PPSN must be provided to Circadian, and is accepted during the carer’s first placement; registration as self-employed with Revenue is the carer’s own responsibility to arrange and declare. Where a carer does not already hold QQI Level 5 (or equivalent), they are expected to work towards the Care of the Older Person module (or relevant equivalent) within their first 6 months.
3.4 Fees
Circadian Live In Care may charge fees for its introductory services, including a one-off introduction fee or an ongoing subscription fee, as set out in our current pricing.
Any applicable fees will be clearly explained and disclosed in advance and will be payable in accordance with the agreed terms.
The carer’s agreed fee is separate from Circadian Live In Care’s own recruitment and introduction charges unless expressly stated otherwise.
Subscription service. Our subscription service provides ongoing access to our carer-introduction service for the agreed subscription period. During your initial 6-month term, this includes 3 carer introductions. After the initial term, and for as long as your subscription continues on a rolling monthly basis, we will arrange further introductions as reasonably required by your circumstances. The subscription fee is payable for ongoing access to the service and is not conditional upon a specific number of introductions occurring within any given period.
Scope of service. Our services are provided in respect of the individual and household specified at the time of your assessment or referral. Introductions or support relating to a different individual or household require a separate engagement and, where applicable, a further fee.
3.5 Carer Information and Suitability
We take reasonable steps to consider the experience, qualifications, references and suitability of carers before making introductions.
However, an introduction does not constitute a guarantee that a particular carer will be suitable for every individual or circumstance.
Families are responsible for deciding whether to enter into an arrangement with an independent carer and should satisfy themselves that the proposed arrangement meets their requirements.
Where, following an introduction, the family and carer do not reach agreement on the terms of a care arrangement, we will use reasonable endeavours to introduce a further suitable carer at no additional charge.
3.6 Responsibility for Care
Once a family and independent carer enter into a care arrangement, the carer is responsible for providing the agreed support directly to the client in accordance with the arrangement agreed with the family.
Circadian Live In Care does not direct or supervise the day-to-day provision of care.
Where a family requires medical, nursing or clinical advice, they should contact an appropriately qualified healthcare professional or the relevant emergency service.
3.7 Safeguarding
We take safeguarding seriously.
Where appropriate, we may raise safeguarding concerns with the relevant authorities or other appropriate organisations.
We may also refuse to make or continue an introduction where we have reasonable safeguarding concerns.
3.8 Term and Termination
The subscription service is provided for an initial term of 6 months from the start date, after which it continues on a rolling monthly basis unless terminated by either party in accordance with this clause.
After the initial 6-month term, either party may terminate the subscription by giving one month’s written notice.
Circadian Live In Care may also suspend or terminate its services where there is a breach of these Terms, where safeguarding concerns arise, or where continuing to provide the service would not be appropriate.
Any termination will not affect rights or obligations that have already arisen.
3.9 Governing Law
These Terms are governed by the laws of Ireland.
Any dispute arising in connection with these Terms will be subject to the jurisdiction of the Irish courts, subject to any rights that consumers may have under applicable Irish or European consumer protection legislation.