Kelwels & KWC Terms of Service
- Definitions
Client: The company receiving services from Kelwel Care.
Kelwel Care: The service provider offering specialist social care services.
Services: The specialist social care services in accordance with legislation provided by Kelwel Care.
Sub-contractors: Individuals or entities contracted by Kelwel Care to perform the Services self-employed basis
- Scope of Services
Kelwel Care will provide specialist social care services to vulnerable people in accordance with applicable legislation and the following terms and conditions.
- Independent Contractor Relationship
Both parties agree and intend that this legal relationship is one of contracting for independent specialist services. This Contract for Services is the whole agreement governing the contractual relationship between them, except where this Contract allows for specific verbal negotiations. Any other variation to the contract must be made in writing and signed by both parties.
- Professional Standards
Kelwel Care and its subcontractors agree that the Services will be provided in a professional manner at all times and in the capacity of a specialist. Kelwel Care will provide specialist social care services to vulnerable people in accordance with applicable legislation and health and safety laws. The Client shall not have the right, nor shall it seek, to exercise direction, control, or supervision over Kelwel Care or its subcontractors in how the services are to be completed. Kelwel Care undertakes to provide the services with the necessary time, attention, skill, and ability as the agreed Services require. Kelwel Care and its subcontractors will use their own initiative to complete the Services.
- Service Delivery
Kelwel Care will deliver expert services in a family environment. It will assist the Client by making all reasonable attempts to work within an overall agreed deadline, observe Health and Safety and legislative requirements, and comply with all reasonable operational requirements relating to legal perimeters, working hours, and security.
- Subcontractors
Kelwel Care may utilise such persons as necessary in the performance of the Services and make substitutions thereof, provided always that any such persons possess the necessary skills, security clearances, and expertise to perform the Services. Where a substitute is utilised by the Company, the Client shall have no contractual, financial, or legal relationship with the substitute. For the avoidance of doubt, any individuals utilised by Kelwel Care will not be subject to supervision, direction, or control as to the manner in which the services are provided but will abide by all legal perimeters required by law when providing the services.
- Contract Price
Kelwel Care will negotiate the contract price for the Services and is obliged to honour any agreed contract price unless both parties re-negotiate the contract price.
- Warranties
Kelwel Care warrants that it has the qualified resources necessary to perform the Services.
- Insurance
Kelwel Care and its subcontractors accept the legal risk in respect of public liability and professional indemnity and will therefore pay the costs of such insurance premiums and maintain adequate cover at all times. During the term of this Contract for Services, Kelwel Care and the subcontractors will maintain adequate insurance cover in respect of professional indemnity, which can be provided at the Client’s request.
- Client Co-operation
The Client shall co-operate with Kelwel Care and its subcontractors in all matters relating to the Services. The Client shall provide Kelwel Care with all necessary information to provide the services.
- Confidentiality
Kelwel Care undertakes that it and its directors, employees, contractors, and substitutes shall keep in the strictest confidence all confidential and sensitive information which may come into its possession during the completion of the contract and comply with GDPR regulations.
- Invoicing
Kelwel Care will prepare invoices for all Services undertaken and confirmed after the engagement commences.
- Acceptance of Terms
The Parties agree and intend to be bound by the terms and conditions of this engagement and accept these terms. The Client has impliedly agreed to the terms of this contract when engaging the services of Kelwel Care Limited. By engaging the services of Kelwel Care Limited, the Client’s actions are an acceptance of the terms and conditions set forth in the contract
