Term and Conditions

Terms and Conditions

31st December 2023

Relevant Definitions

  • “Agreement” means the agreement between USP and you for the provision of Care and other Services which includes these Terms and any other variations agreed in the Care Plan and subsequently reviewed ones.
  • “Care Plan” means a hardcopy, or an online written document, risk and care needs assessments conducted, and which has been signed by you or on your behalf, as amended from time to time.
  • “Carer or Care Staff” means the individuals working and delivering care services, in reference to this a “Carer” shall include all our services on offer to you (unless otherwise specified). Where more than one individual is providing the service, “Carer” should be read as “Carers”.
  • “Complaints Procedure” means the complaints procedure contained in the Service User Guide or handbook (and as varied or reviewed from time to time).
  • “Unique Services” or “The Trampery” or “ARASCOCare” or “Service” means this agreement between You and USP and all documents referred to in the agreement, including Care Plan, recorded assessments and those supported by our Technology tools.
  • “Events Outside Our Control” means any act or event beyond our reasonable control or “force majeure”.
  • “Fees or Charges” means the fees for the Service notified to You initially in our consultations, agreements and the Care Plan, which is subject to amendment from time to time.
  • “Head of Care” means the individual notified to You in the Service User Guide or such other head of care as notified to You from time to time.
  • “Home” means Your home address that was provided to us for care purposes.
  • “Consultation Visit” means Our initial Visit to You during which We shall agree with You the Care Plan and Our Fees. It can involve the introduction of carer(s) to you and agreement.
  • “Representative or Relatives” means individual(s) who oversee your care – family members, friends, and where applicable, any other appropriate external persons – including social or health care professionals.
  • “Calls” “Visit(s)” means the activity of Our Carer entering Your home and providing the services as outlined in Your Care Plan and other records.
  • “Medication Form(s)” “MAR” means the form on which Our Carers record any medication provided to You as part of the Services – which could be hardcopy or softcopy (electronic).
  • “Platform(s)” This are our data storage platform, communication platform and digital apps which can be accessed at “Unique Services” or “The Trampery” or “ARASCOCare” or such other address notified to You from time to time.
  • “Personal Data” this term shall have the same meaning as in the Data Protection Act 1998, and nay amendments.
  • “Public Holiday Rate” is the charge for the provision of Services on any Public Holidays as agreed.
  • “Public Holidays” public holidays in England, and any location within the UK that we provide service(s)
  • “Service” or “Services” is the personalized home care service for You provided by USP at the comfort of Your Home, including services outside the confinement of Your Home as mutually agreed.
  • “Service User Guide, Handbook” the guide or handbook provided by USP to You in respect of the Services to be provided on or around the date of this Agreement.
  • “Statutory Regulator” where the Service You require is subject to regulation, we are required to be registered with Care Quality Commission (CQC) and or Care Inspectorate of Scotland (CI). Contact details for the Statutory Regulator are provided in the Service User Guide, and upon request from the company.
  • “Us”, “We” and “Our” Unique Services Portfolio Limited (ARASCO), registered in Scotland with company number x, whose registered office is x trading as (“Unique Services” or “The Trampery” or “ARASCOCare”).
  • When we use the words “writing” or “written” in the Terms, this will include email, WhatsApp messaging unless we say otherwise.

About Unique Services (“The Trampery”)

Unique Services Portfolio Limited (operating as “The Trampery” “Unique Services”) is pleased to make its Service(s), as described below, available to you on the following terms and conditions.

The Terms of Service is a legal Agreement between the individual using the Service (“You”) and Unique Services Portfolio Limited (also referred to in these Terms as “We”, “Us” or “Our”). The Website (www.theuniqueservices.uk) is owned and operated by Unique Services Portfolio Limited trading as “The Trampery” “Unique Services”). We are a company registered in Scotland with the company number SC668828.

Unique Services Portfolio Limited is a company with registered and operating offices at – Suite 101D, Business Design Centre, 52 Upper Street, N1 0QH.

Email: london@theuniqueservices.uk

Phone: (+44) 074 5942 5015

Website: https://www.theuniqueservices.uk/

Unique Services is a ‘domiciliary’ home care provider, with cutting-edge tech-enabled tools in-home care service, that provides personalised services to clients in their homes through experienced and value-centric carers. We use information technology and the human experience to make home care the best choice and, provide our carers with all the tools needed to help You receive quality care in the comfort of your home, including your loved one being able to have rest of mind through our IT system and trusted relationship.

By using Unique Services you confirm that;

  • You have the right to form legally binding agreements under UK law
  • All the information provided by you to us is correct and accurate, including any stated care requirements or specific needs.
  • If you are providing information for another individual, you have permission to do so on their behalf.

Regulatory information

Unique Services Portfolio (operating as “The Trampery” “Unique Services”) is approved and regulated by the Care Quality Commission (CQC), with registered number 1-12552318347, and registered number with Care Inspectorate Scotland (CI) SP2023000425

Terms Governing Service Use

You can only use our services, including accessing our website and resources if you accept these Terms and Conditions (“Terms”), which include our Privacy Policy , which govern your use of the Service, so please read and abide by them all.

By using the Service, you agree you have read, understood, and agree to be bound by the “The Trampery” “Unique Services” “Terms” and “Privacy policy”. Please check this page from time to time to take notice of any changes we may make, as they are binding on you. If you do anything in breach of these Terms, we may terminate our services, including right to access our Platform(s).

This Agreement is governed by English law, and you agree to the exclusive jurisdiction of the courts of England and Wales, and Scotland.

How it works

Whether it’s support with day-to-day living or slightly more hands on care you’re looking for, we aim to help everybody get the very most from our services, including the elderly in their later years.

Our service will offer care to meet Your needs and preferences as stated in your Personal Care Plan. Our processes are as follows:

  1. One of our casework team or care specialists will call You and find out further information about Your care needs and interests after You have contacted us.
  2. We would arrange with you for one of our team to Visit You in Your Home to discuss further and identify Your care requirements and needs before We commence the Service;
  3. We would work with You, Your family and any appropriate external professionals to carry out a necessary assessment of Your needs and preferences for care, agree on actions, and prepare your Personal Care Plan;
  4. Conduct relevant risk assessments to Your health and safety in receiving care and reasonably remove or reasonably mitigate such identified issues;
  5. Endeavour to provide Carers who not only meet your Care Plan requirements but present to match your interests or hobbies.
  6. Endeavour to provide you with information about your Carers, including details and profiles of these Carers in advance of your care for input.
  7. Agree on the frequency and timings of Our Visits to You. If You need to change from such agreed times You will need to notify Us two weeks before, or reasonably practical to ensure no hassles – see our service user guide – handbook.
  8. We then deploy Care Staff who oversees the support provided. On a day-to-day basis, the coordination of care is undertaken by our team who are in our London or Glasgow offices depending on locations.
  9. We ensure You are informed about all important decisions that affect You, and when You are unable to consent to that, we ensure Your relevant representatives are and do have a say.
  10. We shall continue to support You through routine check-ins on carer(s) with and including care plan reviews regularly, and at least annually and when the need arises or a request is made by You.

We will provide the Services to you from the commencement date set out until any given end date set or, if no end date is set out, until the Care Agreement signed is terminated in accordance with the contained Terms.

We will need certain personal information from you which is necessary for us to provide the Services. You agree to provide clear and accurate information including, but not limited to, Your physical and mental conditions, likes, dislikes, smoking preferences, allergies, and interests.
If you do not, after being asked by us, to provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the Services by giving you written notice according to the agreed Terms. You agree to inform us of a change of address, following this, we may carry out a further assessment of Your needs.

If Your care is being arranged by a representative due to lack of capacity (in accordance with the provisions of the Mental Health Act 2005 or Adults with Incapacity (Scotland) Act 2000). You agree that we can discuss and identify Your care and Your Care Plan with your representative.
Before we arrange care with a representative we will seek Your consent, or if you do not have sufficient capacity to provide consent, the consent of your relative.

  • After the creation of your Care Plan, we will review it in the first 3 months, and annually thereafter or when it is apparent to Us that Your care needs have changed. We will endeavour to review Your Care Plan with You and Your family, and where applicable, any other appropriate external social or health care professional and, take all reasonable steps to ensure you understand the Care Plan.
  • As part of Your care, We may be able to offer additional services and support for which you may be charged an additional amount. If, following consultation with us, You would like to try any of Our additional support services We may require that You enter into a separate agreement for these additional services as necessary.
  • If you need change or increase to a level that cannot be met by Us, We will tell You without delay and will endeavour to discuss alternative arrangements and agree on a mutually acceptable solution with You. We will continue to provide the Service to You during this period (unless We have given You notice to terminate under relevant notices clause(s) in our Terms, and Our Agreement has been terminated)

Fees, Cancellations and Refunds

FEES

  • When you make a Visit booking with Unique Services Portfolio Limited (operating as “The Trampery” “Unique Services”) you agree that you have the funds available to pay for the visit value. All fees for work must be made via Unique Services Portfolio Limited (operating as “The Trampery” “Unique Services”); attempts to pay outside of Unique Services Portfolio (operating as “The Trampery” “Unique Services”) will lead to sanctions not limited to immediate account suspension and termination of right to use our services.
  • The Fees payable by you for the Services are stated in the agreement and, in some cases on the care plan too.
  • Fees for Visit are non-refundable (unless at least 48 hours’ notice of cancellation has been provided) and will be charged to you in accordance with the Unique Services’ mutually agreed rate in force at the time, which the Company may update from time to time on a going forward basis at their discretion.
  • Unique Services would send out invoices in arrears on the first day of the following month after service delivery. Unique Services Portfolio (operating as “The Trampery” “Unique Services”) will require payment being made as signed in agreement through the payment method specified (e.g. BAC or EFT).
  • You agree to the following:

    1. Not to make payment to a Carer directly, or may any payment other than via our payment provider;
    2. Acknowledge the investment we have made in offering you Carers, and request you do not undertake to enter into any direct agreement with any Carer that seeks to avoid the payment of our charges, or to receive care services from Carers we have introduced you to or offered, other than speaking to us as contained in our agreement and Terms (including after you have ceased using working with us); and
    3. Acknowledge that any breach of this section may result in the immediate termination of your account and right for us to seek remunerations as contained in our agreement and Terms
  • We will always give You at least 4 weeks’ notice of any increase in Fees, or which is lower as contained in our agreement and Terms.
  • Services provision on Public Holidays will follow the pricing structure as follows:
    1. for Services charged on an hourly basis will be charged at double the (for example if the hourly rate is £25, this would be increased by an extra £25) per visit.
    2. Services charged on a daily or nightly or live-in basis will be increased by no less than £85 (per day or night to be paid in addition to the Fee set out in the care plan and agreement, such increased rates being the “Public Holiday Fees”).
  • Unless where contract is procured with no provision for bank holidays – this clause (6.6) shall not apply
  • If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 9.5% a year above the base lending rate of Bank of Scotland plc from time to time. This interest will accrue daily from the due date until the date of actual payment of the overdue amount.
    You must pay Us interest together with any overdue amount. We reserve the right to charge you for our reasonable costs incurred in enforcing payment of the overdue amount. See our relevant agreement and Terms of service provisions
  • If you dispute an invoice in good faith and contact us to let us know, within 7 days after you have received an invoice that you dispute it, following our relevant clause in the agreement, this will not apply for the period of the dispute.

CANCELLATIONS

  • Unique Services Portfolio (operating as “The Trampery” “Unique Services”) encourages both You and carers to ensure cancellations are kept to a minimum
  • In the case that a cancellation is necessary, you can cancel the Service at any time within 14 days of his Agreement (“Cancellation Period”) by letting the “The Trampery” “Unique Services”) team know in writing. If you wish to suspend your service, please get in contact with “The Trampery” “Unique Services”) team directly.
  • If you wish to cancel an individual Visit You must give us at least 48 hours unless exceptional circumstances can be proved – for example admission to hospital. If the 48-hour notice period isn’t adhered to, the client will be billed, and the carer will be paid as standard.
  • Once we have begun to provide the Services to you as agreed, we may also cancel the Agreement at any time by:
    1. Giving 14 days written notice for any reason; or
    2. You do not pay fees mandate to us within 7 days of invoice: or
    3. Immediately on written notice if a third party who has agreed to pay Your fees (or part of them) fails to pay Your Fees within 21 days of the data of invoice: or
    4. After giving 7 days written notice that We are unable to meet Your needs; or
    5. We perceive a significant risk of harm to our Carer attending your home; or
    6. In the event of Your death, a relative or other authorised representative shall notify Us promptly. This Agreement will terminate immediately in the vent of any death and, Your estate will remain responsible for paying all and any outstanding fees in accordance with the terms of our Agreement.

REFUNDS

Unique Services Portfolio (trading as “The Trampery” “Unique Services”) encourages both You and carers to ensure cancellations are kept to a minimum

Reward for Referrals

Unique Services implements a reward or thank you system for supporting our branding and spreading the word on quality care and services to people in the community.

Refer a client to us – £250 (cash or Gift voucher)

  • The referred person must live at a different UK address to the referee.
  • Referral to be disclosed at the time of consultations of care needs.
  • Offer valid for new clients only available during promotion periods – check with our team.
  • The reward will be issued after a valid service agreement is reached – and the client is with us for a minimum of 3 months, with agreed hours per month.
  • Offer not available on retrospective client referee claim to know
  • The Client being referred must not already be known to Unique Services
  • The client must notify us of the referral and contact details.
  • If the client cancels the agreement for any reason before 3 months, this offer will no longer apply.
  • Offer Cannot be exchanged for cash.
  • The discretion of cash or gift vouchers remains exclusively with Unique Services.

Your home environment to Be Safe

As part of this agreement (and relevant Terms), we require you to provide a ‘safe home environment and appropriate equipment, in working order’ to allow the Carer(s) to carry out the Service.

These may include and are not limited to:

  • Providing domestic equipment – vacuum cleaner, mops, iron board, irons etc;
  • Providing any equipment required to deliver Your care such as lifting and transfer aids/hoists, wheelchairs, walking frames, walker and other mobility aids;
  • Ensuring that any equipment is regularly maintained and inspected in accordance with all relevant safety requirements and manufacturers specifications.
  • We are required to ensure that Your home and equipment is safe to use the provision of the Service. We will notify You if We find that Your Home or equipment is not safe and, where possible, assist You with making any necessary changes or repair needed.
  • As entry plan for Your Home may be agreed with You, your relative or and including Your authorised representative(s) and where that is the case such arrangement will appear in the Personal Care Plan.

Entitlement (i.e., Live-in Carers etc.)

  • As a legal requirement, where we provide a Live-in carer(s) – there are various rights which may include (without limitation) the following:
    1. Requirement to have a bedroom of their own with suitable bathing and toilet facilities; and
    2. A minimum of 2 hours is required per day and be able to leave Your home during that time.
    3. If this is not suitable, arrangements will be to have cover over this time. Please note that the break must be in the afternoon unless an alternative time is arranged.
    4. A minimum of 14 hours over a 7-day week is needed; and
    5. Appropriate food for the duration of their stay. If you would rather not supply food and drinks, then we ask you to agree to an advance amount of a certain (for example £65.00 per week for reasonable sustenance).
  • We will discuss where necessary any relevant requirement with you in detail and record these in your Care Plan before the commencement of service.
  • If your live-in carer is concerned of extra needs or being disturbed more than twice during the night on a regular basis then we will have to reassess the care package You are on and discuss the possibility of additional “waking night” care options with You.

Feedback & Complaints procedure

  • We openly welcome all feedback, whether positive or negative. We believe that feedback is a valuable indicator of the quality of our Care service and an opportunity to learn from our performance.
  • It is our policy that all matters of concern, which disturb or upset our care beneficiaries, or our clients should be reported, recorded, and corrective action taken accordingly.
  • We encourage feedback from You or, if you lack sufficient capacity, a relative or other authorised representative can make a complaint or suggestion in relation to the Service on your behalf. This procedure is described in the Service User Guide – Handbook.For details, clients can access our Feedback Form here
  • As part of our ongoing continuous improvement, and quality assurance procedures You may be asked to contribute to service user satisfaction surveys.
    We may equally ask you to participate in our carer(s) feedback.
    1. This may include asking you to:
    2. Submit it in good faith and honest belief always.
    3. Not submit any feedback that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party involved.
    4. Not submit any feedback that contains any viruses and/or code that has contaminating or destructive elements to our system; and/or
    5. Not impersonate, or misrepresent an affiliation with, any person or entity at all.
  • This information may be used by the Unique Services Portfolio to improve the Service.
  • You agree to provide an exclusive, perpetual, royalty-free worldwide right and license for Us to publish, distribute and reproduce these surveys where you participated.
  • Our clients (including You) are not obliged to reply to satisfaction surveys or interviews. We will always expressly request Your consent before We commence any Service monitoring in Your Home or through any other medium.
  • As part of the “Carer onboarding processes” and under legal requirements it may be necessary for a carer to observe, supervise, or work with the other experienced Carers in Your Home.

  • So that we can do so, we expect you to agree that the Carer(s) may visit your home, provided we give you reasonable notice. We will always give you as much notice (make you aware) as possible when this occurs or is the case.

Confidentiality

We may on occasion gather information about You when You are using our service(s). How we do this, the reasons why we do it, and what you can do if you do not want us to hold and use your personal information, are all set out in our Privacy Policy and relevant data regulations, including Data Protection Act 1998.
We believe the information we collect from You is Your data

Online records and Hardcopy

  • Our carers may utilise their own phones to update Your records of the care You receive, any assistance with Your medication and messages. This information is stored on our digital IT Platform which you can request access through our office or the registered manager. Carers may also be using the hardcopy as well to keep similar services
  • Unique Services Portfolio is developing a portal for clients – and would be able to provide you with login details, which could be shared with Your relatives or other authorised representatives when it becomes operational. One advice to You remains to keep Your login details safe and secure when issued to you.

Liability & insurance

  • Unique Services Portfolio is legally obliged to main a minimum of £10,000.00 public liability insurance for the provision of our services to clients. If we fail to comply with agreed terms of the Agreement and you suffer any loss, we are responsible for such loss or damage you suffer that is a foreseeable result of our breach or negligence of carer(s), BUT we are not responsible for any loss or damage that is not foreseeable or force majeure. We encourage You to always have your own personal and content insurance provisions in place
  • Note: Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you and we entered in the Agreement. Force Majeure can never be obvious or expected or anticipated
  • We will not be liable for any breakages or damage caused by the Carer(s) in your home unless this loss, clearly caused by the Carer(s), is not recoverable under your household insurance contents policy. If, during the provision of the Service in Your Home, We cause any damage to your Home, We will make good any damage save for where such damage is a reasonable wear and tear, and or caused as a result of any pre-existing fault or damage or provision of any faulty equipment by You. You will be responsible for giving clear and adequate instructions for the use of items of electrical equipment in your home.
  • Where our carer(s) are engaged on service contracts, we strictly require each of the Carer(s) to hold sufficient liability insurance policy at the minimum level as required by the then-current applicable laws.
  • You will ensure that at all times during which the Services are being provided:
    1. You have in place suitable building and content insurance to cover accidental damage to Your Home or its contents; and
    2. Where the Services include Our carer(s) driving Your motor vehicle (automotive), that You have suitable motor insurance to cover accidents or any damage caused by the use of the motor vehicle by the Carer(s) to passengers, Your vehicle and/or third parties or their property(ies)
  • We do not exclude or limit in any way our liability for:
    1. Death or personal injury caused by our negligence.
    2. Fraud or fraudulent misrepresentation.
    3. Any matter for which would be unlawful for us to exclude or limit our liability or to attempt to do so.
  • Subject to sections 12. 1,2,3,4,5, our total aggregate liability to you under this Agreement shall be limited to the greater of (a) the amount you have paid us in the 12 months leading up to the incident or failure in questions; and (b) £5,555.00

Links

  • Our service and platform may include links to external sites, which may include links to third-party offers and promotions. We include these to provide you with access to information, products, or services that you may find useful or interesting. We are not responsible for the content of these sites, or anything provided by them and do not guarantee that they will be continuously available.
  • We may also suggest certain third-party service providers.
    Such suggestions are not party to the Services We provide to You. Your use of such third-party service providers is entirely at Your exclusive discretion and at Your own entire risk and, any contract that You enter with such third-party service provider will be solely between You and Them.
    We accept NO responsibility for such uses of third-party providers entirely.

Events outside our control

  • We will not be liable or responsible for any failure to perform or delay in doing so that may be caused by an event beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, failure of our carer(s), flood, weather, flood, acts of terrorism, act of nature or accident.
  • We accept You will not be liable or responsible for any failure to perform or delay in performance of any of Your obligations for any reason beyond Your reasonable control too.

Obligations on Carers

  • As a Carer(s) you accept that we may carry-out the following background checks on you:
    1. Enhanced DBS (Disclosure and Barring Service – England and Wales) or PVG (Disclosure Services Scotland) checks;
    2. Identity checks, including cross referencing with any professional bodies or membership organisation affiliated.
    3. Right to work and documents check (including but not limited to; passport, driving license and visa (BRPs) etc.);
    4. Adverse history checks with relevant authorities.
    5. Employment history checks and demand for gap explanations; and
    6. Reference checks, both professional and personal.
  • Carer(s) will provide us with any references and vetting information that we may require, and you recognise that until all checks have been satisfactorily completed by us, they will not become a full member of our team (as employee or services contractor).
  • You further recognise that we may in our absolute discretion decline to register you (on service contract) or continue your recruitment (as an employee) if you fail our vetting checks, at any stage of our application process, or for any other reason.
  • All staff must comply with our staff recruitment policy and procedures. In Your in-person interview, we will request evidence for application responses following our processes, and if they are not provided, we may decline to register you or employ you.
  • All Carers are obligated to provide accurate information at all times, and up-to-date information about themselves at all times including, in particular, your profile and clean status information and their availability to provide care to clients without disruption.
  • You will submit accurate expenses where necessary/authorised and evidence of such.

  • All carers are required to keep relevant information about our clients and other staff confidential.

  • You will abide by the “Carer Community Standards” and, other Standards and Codes of Practice Relating to your Role as carer(s).

Privacy

  • We may at times gather information about you when you are using our service. The ways we do this, the reasons why, and what you can do if you do not want us to hold and use your personal information, are all set out in our Privacy Policy.
  • By using Unique Services Portfolio (trading as “The Trampery” “Unique Services”) services, you consent that Unique Services Portfolio (trading as “The Trampery” “Unique Services”) may process information about You in accordance with our Privacy Policy 

Severance

  • If any of these Terms is held by a court of law in any territory to be invalid, illegal, or otherwise unenforceable, then, to the extent that it is held to be so, and with regard to the relevant territory only, that provision shall be severed and deleted from these Terms, provided that the remaining provisions of these Terms shall remain binding and enforceable and the severed provision shall also remain so in all other territories.

Governing Law and Jurisdiction

  • These terms shall be governed by, and construed in accordance with, English law, and any disputes that may arise under or in relation to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Scotland

Offers

  • Any offer advertised via post of online is single-use and only valid for private individuals, not businesses, charities or other third parties who act as a referrer. This offer does not apply to discharge services. See clause of referrals above

General

  • If we fail to enforce, or delay in enforcing, any of our rights under this Agreement, that does not result in a waiver of the rights concerned.

  • If any provision of the Agreement or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

  • No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.

  • All notices given by you to us or vice-versa must be given by email or in writing to the address set out below. We may give notice to you at either the email or postal address you provide to us when registering and maintains as valid with us while the agreement is active.

Contact information

For any questions regarding the Terms of Services or the Service or agreement, please contact us at london@theuniqueservices.uk.

Updated 31st December 2023