TERMS AND CONDITIONS FOR THE SUPPLY OF DIRECTORY SERVICES Your attention is particularly drawn to the exclusions and limitations of liability at clause 10 1. DEFINITIONS 1.1 When the following words with capital letters are used in these Terms, this is what they will mean: 1.1.1 “Directory Services” means the provision of a Provider Listing on the Leeds Directory; 1.1.2 “Event Outside Our Control” is defined in clause 11.2; 1.1.3 “Leeds Directory” means the website at www.leedsdirectory.org; 1.1.4 “Provider Listing” means any advertisement for services around the home and garden, personal care or trades on the Leeds Directory; 1.1.5 “Terms” the terms and conditions set out in this document; and 1.1.6 “We/Our/Us” means Care & Repair Leeds, 323 Roundhay Road, Leeds, LS8 4HT. 1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise. 2. BACKGROUND 2.1 The Leeds Directory is a council funded contract which is managed by Care & Repair Leeds and is a source of information on a range of services and organisations which can be accessed via our website www.leedsdirectory.org or telephone helpline 0113 3918333. 2.2 You acknowledge that organisations providing services around the home and garden, personal care or trades are checked and vetted before being listed on the Leeds Directory. 2.3 These Terms incorporate and are to be read in conjunction with the Green Tick Criteria and the Code of Good Practice (copies of which are provided at Appendix 1). If there is any conflict between these terms and the Green Tick Criteria or Code of Good Practice these Terms will prevail. 3. OUR CONTRACT WITH YOU 3.1 A contract for the supply of Directory Services by Us to you on these Terms will be formed when we indicate that we accept your request for Directory Services. For the avoidance of doubt, we are under no obligation to accept your request for Directory Services. 4. PROVIDING DIRECTORY SERVICES 4.1 We will supply the Directory Services to you from the date We begin to provide the Directory Services for a period of 1 year which may be renewed annually on agreement between you and Us. We will contact you before the expiry of this 1 year term with a renewal reminder, if you do not confirm that you wish to renew your Provider Listing and provide the necessary payment where applicable this agreement will terminate. 4.2 We will need certain information from you that is necessary for Us to provide the Directory Services, for example, information about the type of services you provide. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may suspend the Directory Services by giving you notice. We will provide you with a copy Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05. of the content of your Provider Listing before it is published on the Leeds Directory to confirm that the information is correct. We will not be liable for any delay or non-performance where you have not provided this information to Us, or confirmed that the information is correct after We have asked. 4.3 If you do not pay Us where applicable for the Directory Services when you are required to as set out in clause 9.3, We may suspend the Directory Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. 4.4 We own the copyright, design right and all other intellectual property rights in the Leeds Directory. You acknowledge that copyright in the Leeds Directory vests in Us and you will take any action that is required to perfect our ownership of the same. 4.5 You own the copyright in the content of the Provider Listing and You grant to Us, and our service providers, for the duration of your Provider Listing, a worldwide, irrevocable, royalty free, fully paid up, transferable, non-exclusive licence (and right to sublicense) to copy, reproduce, use, communicate to the public, publish, distribute, transmit, stream, download, adapt, modify and reformat all such intellectual property rights (including any data, copyright works and any other materials) for the purposes of: 4.5.1 providing the Directory Services to you; and 4.5.2 displaying the Provider Listing by any means, and across any media whether now known or invented after the date of publication of your Provider Listing. 4.6 You indemnify Us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all and other reasonable professional costs and expenses) suffered or incurred by Us arising out of or in connection with any claim made against Us for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Provider Listing. 5. YOUR OBLIGATIONS 5.1 You will at all times while you have a Provider Listing: 5.2 5.3 5.4 5.1.1 comply with these Terms and with the Leeds Directory Code of Good Practice and Green Tick Criteria, set out in Appendix 1; 5.1.2 co-operate with Leeds City Council and Leeds Safeguarding Adults Partnership in any investigation in relation to safeguarding or abuse; If you wish to have a Provider Listing on the Leeds Directory your listing must not be used: 5.2.1 In any way that breaches any applicable local, national or international law or regulation; 5.2.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; 5.2.3 For the purpose of harming or attempting to harm minors in any way; and 5.2.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam). Your Provider Listing must: 5.3.1 Be accurate (where they state facts); 5.3.2 Be genuinely held (where they state opinions); and 5.3.3 Comply with applicable law in the UK and in any country from which they are posted. Your Provider Listing must not: 5.4.1 Contain any material which is defamatory of any person; Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05. 5.4.2 Contain any material which is obscene, offensive, hateful, inflammatory, or promote sexually explicit material, any illegal activity violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; 5.4.3 Infringe any copyright, database right or trade mark of any other person; 5.4.4 Be likely to deceive any person; 5.4.5 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; 5.4.6 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; 5.4.7 Be likely to harass, upset, embarrass, alarm or annoy any other person; 5.4.8 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; 5.4.9 Give the impression that they emanate from Us, if this is not the case; and 5.4.10 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. 5.5 For the avoidance of doubt We do not endorse or recommend any Provider Listing or content contained within a Provider Listing. 6. VETTING 6.1 To provide the Directory Services we will vet you and the services you provide in advance of publishing the Provider Listing on the Leeds Directory. 6.2 You agree to Us undertaking this vetting process and you will provide Us with any information We need to complete the vetting process. 6.3 You agree to Us checking against the West Yorkshire Trading Standards Service complaints database as part of the vetting process. 6.4 If you do not pass Our vetting process We may, at our absolute discretion, refuse to provide you with a Provider Listing. 7. IF THERE IS A PROBLEM WITH THE DIRECTORY SERVICES 7.1 We will use our reasonable endeavours to ensure that the Leeds Directory is available, but We will not be liable to you if for any reason the Leeds Directory is unavailable at any time or for any period. 7.2 We do not guarantee that the Directory Services, or your Provider Listing, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Leeds Directory without notice. 7.3 In the unlikely event that there is any defect with the Directory Services or Leeds Directory: 7.3.1 please contact Us and tell Us as soon as reasonably possible; 7.3.2 please give Us a reasonable opportunity to repair or fix any defect; and 7.3.3 We will use every effort to repair or fix the defect as soon as reasonably practicable. 8. COMPLAINTS 8.1 If We receive a complaint from one of your customers about the services that you provide you will cooperate in any investigation of that complaint that We or other third parties may make. Information about how We deal with complaints is contained in Our Complaints Policy Leaflet, which We may change from time to time. A copy of this document is available on request. Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05. 8.2 We may keep a record of all complaints and signpost the complainant to the relevant regulatory body or advisory service, such as the Care Quality Commission, Health & Care Professions Council, TrustMark or the Citizens Advice Consumer Service. 8.3 Where a complaint relates to safeguarding concerns We will report the complaint to Leeds City Council, LCC Safeguarding Adults Partnership and any other relevant agency, including but not limited to the police. 8.4 We may pass information about You to West Yorkshire Trading Standards Service (“WYTSS”) and make enquiries with WYTSS about You. This may be in relation to vetting or in respect of a complaint we have received about You. You give Us permission to receive details from WYTSS of any complaints about You that have been lodged with WYTSS, but only for the purposes of investigating a complaint. 8.5 We may remove or suspend your Provider Listing if we receive a complaint about the services you have provided, this may relate to information provided to us by your customers, Leeds City Council or LCC Safeguarding Adults Partnership. The suspension, removal and re-listing of a provider will be solely at Our discretion. We may make the decision to suspend, remove or re-list a provider in consultation with LCC Safeguarding Adults Partnership, but always at Our sole discretion. 8.6 We are under no obligation to provide you with the details of a complaint if to do so would jeopardise an ongoing investigation by any organisation or person into that complaint. 9. PRICE AND PAYMENT 9.1 The price of the Directory Services will be as notified to you at the time you request Directory Services from Us. The price will be for providing the Directory Services for 1 year, any renewal of the Term may require a further payment from you. Our prices may change at any time. 9.2 Any sum payable under these Terms is exclusive of Value Added Tax (and any other similar or equivalent taxes, duties, fees and levies imposed from time to time by any government or other authority) which will be payable in addition to that sum in the manner and at the rate prescribed by law from time to time. 9.3 Where We are providing Directory Services to you, We will ask you to pay the price of the Directory Services where applicable in advance of the Directory Services being provided. Your rights to cancel is set out in clause 12. We will not provide the Directory Services until you have paid the price for the Directory Services. 10. OUR LIABILITY TO YOU 10.1 Save as provided in clause 10.2 and 10.3 our maximum liability to you under these Terms shall be limited to the price paid by you per annum for the Directory Services in accordance with clause 9, in any contract year. 10.2 We will have no Liability to you for any: 10.2.1 loss of profit (whether direct, indirect or consequential); 10.2.2 loss of revenue, loss of production or loss of business (in each case whether direct, indirect or consequential); 10.2.3 loss of goodwill, loss of reputation or loss of opportunity (in each case whether direct, indirect or consequential); 10.2.4 loss of anticipated savings or loss of margin (in each case whether direct, indirect or consequential); 10.2.5 liability that you have to third parties (whether direct, indirect or consequential); or 10.2.6 indirect, consequential or special loss, subject always to clause 11.3. 10.3 We do not exclude or limit in any way Our liability for: 10.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05. 10.3.2 fraud or fraudulent misrepresentation; 10.3.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); 10.3.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and 10.3.5 defective products under the Consumer Protection Act 1987. 11. EVENTS OUTSIDE OUR CONTROL 11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control. 11.2 An Event Outside Our Control means any act or event beyond Our reasonable control. 11.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: 11.3.1 We will contact you as soon as reasonably possible to notify you; and 11.3.2 Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Directory Services to you, We will restart the Directory Services as soon as reasonably possible after the Event Outside Our Control is over. 12. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND 12.1 You may cancel these Terms at any time by providing Us with notice in writing. You will not be entitled to a refund or any price paid if you cancel these Terms. 13. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND 13.1 We have the right to cancel a request for Directory Services before the Directory Services start. 13.2 We may cancel or suspend these Terms for Directory Services and subsequently remove a Provider Listing at any time with immediate effect by giving you written notice. If you have made any payment in advance for Directory Services We will not refund these amounts to you. 14. INFORMATION ABOUT US AND HOW TO CONTACT US 14.1 We are a registered society in England and Wales. Our registration number is 25858R and Our address is 323 Roundhay Road, Leeds, LS8 4HT. 14.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Us at 0113 391 8332 or by e-mailing Us at [email protected]. 14.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to the address set out in clause 14.1. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us. 15. HOW WE MAY USE YOUR PERSONAL INFORMATION 15.1 We will use the personal information you provide to Us to: 15.1.1 provide the Directory Services; and 15.1.2 process any payment for such Directory Services. 15.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us. Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05. 15.2 You agree that We may pass your personal information to Leeds City Council, LCC Safeguarding Adults Partnership, West Yorkshire Trading Standards Service or any other relevant agency, including but not limited to the police. 15.3 Subject to clause 15.2 We will not give your personal data to any third party and We will only process your personal data to the extent that and in such manner as is necessary for the provision of the Directory Services or as is required by law or any regulatory body. 16. OTHER IMPORTANT TERMS 16.1 We may transfer Our rights and obligations under these Terms to another organisation, but this will not affect your rights or Our obligations under these Terms. 16.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing. 16.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. 16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 16.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. 16.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. 17. ACCEPTANCE 17.1 Please sign the registration form and return it to us to confirm your acceptance of the terms contained in this document. 17.2 If for whatever reason you do not confirm your acceptance of these terms we will treat the fact that you agree to us supplying the Provider Listing as deemed acceptance of the terms contained in these Terms. SIGNED FOR AND BEHALF OF CARE & REPAIR LEEDS RUTH CORNELISSEN CHIEF EXECUTIVE OFFICER SIGNED FOR AND BEHALF OF ORGANISATION NAME: POSITION: PRINT NAME: SIGNATURE: DATE: Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05. APPENDIX 1 GREEN TICK CRITERIA To apply for the Green Tick your organisation must be legally set up, and in a position to provide services to clients upon request in Leeds. The Green Tick is only for organisations providing services in and around the home. We do not list individual Personal Assistants providing personal care services. All Applicants must complete the Green Tick registration process within 8 weeks. To complete the Green Tick registration process and be listed in Leeds Directory applicants must: Read the Leeds Directory Terms & Conditions and Code of Good Practice and complete a Registration Form agreeing to provide services in accordance with both documents. Obtain Disclosure Certificates for each member of staff who works directly with clients in the home or garden. Complete a 2+ Disclosure Disclaimer Form if you employ more than one member of staff. Organisations providing Personal Care services must be registered with the Care Quality Commission. Health & Care Professionals must be registered with the Health & Care Professions Council. Provide a copy of pubic liability insurance details evidencing policy expiry date and cover amount. Obtain a County Court Judgement Search against the England and Wales Order and Judgements Register. Complete a Sub Contractors Disclaimer Form. Supply business stationery that complies with the Companies Act 2006. Electrical and gas providers (including sub contractors) must evidence registration to appropriate mandatory regulatory bodies e.g. Electrical Safety Register, NAPIT, GasSafe. Trade only (plumbers, gas engineers, electricians etc) pay an Annual Administration Fee of £30.00 Inc VAT to cover the cost of registration and one year’s listing in Leeds Directory. Read and agree to our Terms & Conditions. Leeds Directory will request a check against West Yorkshire Trading Standards Service complaints database for all non regulated applicants. We will FastTrack applications where the provider is registered with a regulatory body such as the Care Quality Commission (CQC), Health & Care Professions Council (HCPC), or where they are a part of Leeds City Council Framework Providers / Civic Enterprise. We will also FastTrack your application if you are a member of TrustMark, however, you will also be asked to obtain disclosure certificates for staff. Please Note: Leeds City Council and Care & Repair Leeds cannot recommend any organisations and are not responsible for how the organisations listed deliver a service. Leeds Directory reserves the right to refuse an application or remove a provider. Please read the Green Tick Guidance Notes for guidance on how to complete the Registration Process or contact the Provider Monitoring Officer Tel. 0113 391 8332 or email: [email protected]. Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05. GREEN TICK GUIDANCE NOTES What is a Disclosure Certificate and how do I get one? Disclosure certificates contain confidential criminal history information provided by the police and government departments. Certificates can be obtained via Disclosure Scotland (basic level) or the Disclosure and Barring Service (standard and enhanced). To successfully complete the Green Tick, all disclosure certificates must be no older than 3 years. While there is no official or legal expiry date on a disclosure certificate, the older the certificate the less reliable and relevant it becomes. We request a minimum of a Basic Level Disclosure check for each member of staff who visits clients in the home or garden, unless your organisation provides services that fall under “Regulated Activities” - please see below for further guidance. An individual can apply for a Basic Level Disclosure by contacting: Disclosure Scotland Tel. 0870 609 6006 Website: www.disclosurescotland.co.uk. Each application currently costs £25 and takes up to 14 days to be processed. Higher level disclosures are issued by the Disclosure and Barring Service [previously known as the Criminal Records Bureau (CRB)] however individuals cannot apply for these higher level disclosures unless eligible to do so and application for higher level checks would be via an employer (where an approved DBS counter signatory is in place) or a DBS approved umbrella body. For further information on higher level disclosures please contact the Disclosure and Barring Service Tel. 0870 909 0811 Website: www.gov.uk/government/organisations/disclosure-and-barring-service. The DBS advises “if you are unsure about whether a position is eligible for a DBS check you should refer to any guidance provided for the job sector, consider obtaining legal advice on the requirements to obtain criminal records checks. You can also contact the DBS for further advice via email at [email protected].” Where staff roles fall within a regulated activity (as defined in September 2012) employers can also request a check of the adults’ barred lists alongside the enhanced DBS check. If you employ more than one member of staff you should complete a 2+ Disclosure Disclaimer Form providing information on staff disclosures. We will prompt you to renew staff disclosure certificates before they are 3 years old in line with the Green Tick. Regulated Activities In September 2012, The Protection of Freedoms Act redefined Regulated Activities to include “assisting with general household matters - assistance with managing a person’s cash, paying a person’s bills or shopping on their behalf because of the adult’s age, illness or disability” and “conveying adults to, from, or between places, where they receive healthcare, relevant personal care or social work because of their age, illness or disability”. If your staff provide any of these services, please contact the Disclosure and Barring Service for up to date guidance. Disclosure and Barring Service Tel. 0870 9090811 Website: www.gov.uk/government/organisations/disclosure-and-barring-service. Do you provide care services? Regulation by the Care Quality Commission The Care Quality Commission regulates personal care services, e.g. respite sitting, night sitting, companionship, personal hygiene, dressing, washing etc. For up to date information and to discuss the Care Quality Commission’s Scope of Registration, please go to: www.cqc.org.uk. The Health & Care Professions Council The HCPC regulates 16 professions within Health & Care Professionals Council. For up to date information and to check whether you need to register, please go to: www.hpc-uk.org/aboutregistration/professions. Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05. Insurance documents We take note of the policy expiry date and amount shown under Public Liability Insurance, so no need to send the whole document. The minimum Public Liability cover required is £1million, the exception to this is for construction, roofing or building where it is £5million. Please provide a copy of insurance details by post or email. What is a County Court Judgment and how do I get one? A CCJ is a judgment that a county court issues when someone has failed to pay money that they owe. It only takes minutes to request this search to be done online via the Trust Online website: www.trustonline.org.uk. The search costs £4 and should be paid directly to Trust Online. From the Trust Online homepage follow prompts to “Search yourself” and “Get started” then select the type of search you wish to carry out, for example, Individual Name, Trading Name or Corporate Name (if you operate as a sole trader from your home address you only need to carry out one search under “Trading Name”) then enter the Business name, address and email (read terms and conditions) and select the box marked “England and Wales Orders & Judgements.” You do not need to check any other register for the purposes of the Green Tick. If you have owned or been a Director of other companies, you should carry out searches under these names as well as the business name on your registration form. Please forward search results to [email protected]. If your organisation has been trading for less than 6 months, you need to run a County Court Judgement check on the person(s) responsible for the business at their home address. We will then prompt you for a second CCJ check against your Business name after being listed for 6 months. Providing stationery in line with the Companies Act 2006 West Yorkshire Trading Standards Service has advised that companies and businesses which register under the Green Tick must provide business stationery that complies with the Companies Act 2006 and Regulations made there under. For the purposes of the Green Tick, we require the following: A Sole trader or Partnership should specify the individual owners' name(s) as well as the name of the business (if different) and postal address in the United Kingdom at which documents can be served. This should also be clearly stated in legible lettering on ALL the following: Its business letters and order forms. Its notices and other official publications. Bills of exchange, promissory notes, endorsements, cheques and orders for money or good purporting to be signed by, or on behalf of, the company. Its bills of parcels, invoices, receipts and letters of credit. On its websites. The Companies (Trading Disclosures) Regulations 2008 as amended by The Companies (Trading Disclosures) (Amendment) Regulations 2009 A Company must state its name, in legible lettering on ALL the following: The company’s business letters and order forms. Its notices and other official publications. Bills of exchange, promissory notes, endorsements, cheques and orders for money or good purporting to be signed by, or on behalf of, the company. Its bills of parcels, invoices, receipts and letters of credit. On its websites. On ALL of its business letters, order forms or any of the company’s websites, the company must show in legible lettering: Its place of registration i.e. England, Northern Ireland, Scotland or Wales. Registered number. Its registered office address. If it is being wound up, that fact. Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05. Whenever an email is used where its paper equivalent would be caught by the stationary requirements then that email is also subject to the requirements. The above also applies to Limited Liability Partnerships. Please provide original business stationery to support your application. Marketing material is not included in this Green Tick element. Do I need to pay an Annual Administration Fee? We only request this if you are a Trade applicant, e.g. builder, plumber, gas engineer, roofer, landscaper etc. We charge £30 Inc VAT for one year’s listing in Leeds Directory. The Registration Fee is non-refundable once you have successfully completed the Green Tick process. We return all payments if the applicant does not complete within 8 weeks. Please make cheques payable to “Care and Repair Leeds” or call in to the office with your cash or cheque payment. Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05. CODE OF GOOD PRACTICE To be read in conjunction with Leeds Directory Terms & Conditions Please Note: Leeds City Council and Care & Repair Leeds cannot recommend any organisations and are not responsible for how the organisations listed deliver a service. Leeds Directory reserves the right to refuse an application or remove a Provider. 1. VALUES AND COMMITMENTS – The Provider should endeavour to provide services which are person-centred, reliable, flexible, affordable, easily accessed and culturally appropriate. 2. LEGISLATION – The Provider is responsible for complying with all current legislation in relation to the services they provide. For guidance please visit this website: www.legislation.gov.uk. 3. REGULATED ACTIVITIES – The Provider must ensure that employees are suitable for the role that they will be carrying out, this includes checking qualifications, carrying out training and ensuring that staff have the appropriate level of disclosure in accordance with the updated Protection of Freedoms Act 2012. For guidance please visit: www.gov.uk/government/organisations/disclosure-and-barring-service 4. WRITTEN QUOTATION – We expect all Providers to supply written quotations on letter headed paper and provide a receipt for all work undertaken detailing time scale, cost, materials and labour. Providers should endeavour to produce all documents in a clear jargon free way so that it can be easily understood by the client. 5. WORKMANSHIP – Providers agree to provide competent standards of workmanship in accordance with the services stated on their registration form and listed in Leeds Directory. Providers agree to use the appropriate equipment, tools and materials for the work undertaken. The Provider should immediately declare any problems encountered to the client and only make true representations about the products and services and the need for them. 6. CLIENT CONFIDENTIALITY – Strict confidentiality must be observed at all times and client details must not be passed on without client consent. 7. BY APPOINTMENT ONLY – The Provider agrees to visit the client as arranged by appointment only. Every effort must be made to keep appointments. The Provider should make every effort to communicate with the client regarding any changes to the agreed schedule. 8. DELIVERY OF SERVICE – The Provider agrees to undertake and complete the job with due care and skill and to complete the work within the timescale agreed wherever possible. The Provider agrees to treat the client’s property with respect and to request permission to use any facilities in the client’s home. 9. CHARGES/PAYMENT – The Provider should never request or accept payment in advance unless agreed in writing between client and Provider. The Provider agrees to notify clients in advance where call out charges will be made, to never charge more than the agreed hourly rate and to quote prices inclusive of VAT (if VAT registered). When requested, the Provider should provide an itemised bill. 10. CLEAN AND TIDY WORK AREA – The Provider will carry out work in a tidy and professional manner, paying particular attention to potential trip hazards. The Provider will leave the Client’s home and garden clean and tidy. All waste is to be removed following completion of the work, subject to agreed contract. 11. HEALTH AND SAFETY – The Provider will carry out work in accordance with current Health and Safety legislation. The Provider will operate in accordance with Control of Substances Hazardous to Health (COSHH) regulations where appropriate. Chemicals will be stored, used and disposed of according to COSHH regulations. For guidance, please refer to the Health and Safety Executive website: www.hse.gov.uk. Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05. 12. COMPLAINTS – Providers are requested to deal with all complaints promptly. The Leeds Directory Complaints Procedure is available upon request. We record all complaints and signpost matters on to regulatory bodies where appropriate. 13. HANDLING MONEY – Providers should encourage all staff to wear photo id badges, particularly when collecting pensions or monies on behalf of a client. It is good practice to collect monies at the counter, not a cash point. Providers are requested to maintain up to date records of all transactions, signed by relevant parties. Changes to the Protection of Freedoms Act (Sept 2012) include “assisting with general household matters – assistance with managing a person’s cash, paying a person’s bills or shopping on their behalf because of the adult’s age, illness or disability” under Regulated Activities. It is the Provider’s responsibility to ensure that staff providing these services have obtained the necessary disclosures. 14. LOTTERY TICKETS, BETS and LOYALTY CARDS – The Provider should not encourage staff to purchase lottery tickets or place bets on behalf of a client or use client loyalty cards. 15. BANK CARDS AND PIN NUMBERS – Please be aware that it is illegal to use another person’s credit or debit card and pin number without obtaining their permission, given freely, for each individual transaction. Please contact the relevant bank or building society to discuss terms and conditions relating to collecting monies on behalf of clients. Where appropriate a procedure called ‘agent to operative’ should be implemented. Banks have the right to withdraw bank cards in order to protect their own interests and that of their clients. 16. EQUAL OPPORTUNITIES – We expect all Providers to operate in a non-discriminatory manner. 17. ENVIRONMENTAL - Providers should be committed to reducing the environmental impact of their activities. Providers will dispose of waste legally and keep records where appropriate. Chemicals should be disposed of safely, in accordance with current COSHH regulations http://www.hse.gov.uk/coshh . 18. SUB CONTRACTORS – Providers must let clients know if any work is to be undertaken by sub contractors. It is the Provider’s responsibility to let clients know that sub contractors may not have disclosure certificates and have not been through the Leeds Directory Green Tick process. The Provider will ensure that any works are controlled and supervised by a competent person. The Provider will ensure that all staff including sub contractors are competent to undertake the work. The Provider will take responsibility for sub contractors and their work, where engaged to carry out the contract. The Provider will ensure that sub contractors are aware of the terms of the Code of Good Practice and will ensure that the requirements are met. Any failure to follow the requirements will be the responsibility of the employing business. 19. DATA PROTECTION – Providers agree to handle client information in line with current Data Protection legislation. For up to date legislative guidance, please refer to www.legislation.gov.uk. 20. STAR RATINGS AND REVIEWS FEEDBACK – Client feedback must remain entirely independent of the service provider. It is good practice to distribute blank feedback forms with a covering letter and SAE in order to facilitate this process. Clients can return forms to: Leeds Directory, Care & Repair Leeds, 323 Roundhay Road, Leeds, LS8 4HT or provide their feedback via our Helpline on 0113 391 8333 or submit comments via our website www.leedsdirectory.org. Where clients are unable to complete forms independently due to ill health, disability or age, a third party may assist. Providers must ensure that their staff never complete or collate/post feedback forms on behalf of clients receiving the service. Leeds Directory contacts clients to verify that feedback is genuine and we publish ratings and comments anonymously. Leeds Directory is unable to accept feedback from Providers’ friends or family, individuals with a vested interest in the service or staff working for the organisation. We can only accept one rating per job. Leeds Directory maintains records of all feedback that has not been obtained in accordance with the Code of Good Practice. Organisations who do not operate as requested risk immediate suspension from Leeds Directory. 21. CHANGES TO YOUR LISTING – Providers should immediately inform Leeds Directory of changes to their listing by calling the Leeds Directory Helpline: 0113 391 8333 or by emailing: [email protected]. 22. MAINTAINING YOUR LISTING – Providers must successfully complete the registration process before being listed on Leeds Directory. If a Provider does not provide requested documentation to maintain the Green Tick their listing will be removed and the Provider will be advised of removal in writing. Updated April 2015 Leeds Directory is funded by Leeds City Council and is managed by Care & Repair Leeds, a Registered Society with Charitable Status (Reg. No. 25858R). VAT Reg. No. 185 8000 05.
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