1. Terms and Conditions of Shikilla Healthcare Agency

  1. DEFINITIONS
    1. In these Terms of Business the following definitions apply: “Assignment” means the period during which the Nurse/Care Assistant is engaged to render services to the Client “Client” means the person, firm or corporate body together with any subsidiary requiring the services of the Nurse/Care Assistant. “Engages/Engagement/Engagement” means any engagement, employment or use of the Nurse/Care Assistant directly by the Client or any third party or through any other employment business on a permanent or temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement or any other engagement; directly or through a limited company of which the Nurse/Care Assistant is an officer or employee “Introduction” means (i) the Client’s interview of a Nurse/Care Assistant in person or by telephone, following the Client’s instruction to the Employment Business to supply or search for a Nurse/Care Assistant; or (ii) the passing to the Client of a curriculum vitae or other information which identifies the Nurse/Care Assistant and which leads to an Engagement of the Nurse/Care Assistant “Introduction Fee” means the fee payable in accordance with clause 7.2 below and Regulation 10 of the Conduct of Employment Agencies Act 1971“Nurse” means the nurse, midwife or health visitor, currently registered with the Nursing and Midwifery Council (NMBI) “Care Assistant” means the Care Assistant, introduced Health care in Ireland The public health care system is governed by the Health Act 2004 “Employment Business Shikilla Healthcare Agency, 9 Churchwell grove, Belmayne, Dublin 13, D13 H921 referred to as Shikilla Healthcare) “Remuneration” includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings, allowances, inducement payments and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Nurse / Carer for services rendered to or on behalf of the Client or any third party
    2. Unless the context otherwise requires, references to the singular include the plural.
    3. The headings contained in these Terms are for convenience only and do not affect their interpretation.
    4. Member will be used to refer to a Nurse/Care Assistant or Support Worker unless specifically stated.
  2. THE CONTRACT
    1. These terms and conditions form the contract between the Client and the Shikilla Healthcare for the provision of a Member’s services to the Client and apply to all Assignments. A guide providing full details about the Shikilla Healthcare’s services is available upon request. Shikilla Healthcare will also provide details of the qualifications and experience of the Member to be supplied to the Client.
    2. These Terms of Business are deemed to be accepted by the Client by virtue of its request for interview with or a Member introduced by Shikilla Healthcare, or the passing of any information about the Member to any third party following an Introduction.
    3. These Terms contain the entire agreement between the parties.Terms prevail over any other terms of business put forward by the Client.
    4. No variation or alteration of these Terms and Conditions shall be valid unless the details of such variation are agreed by a Director Shikilla Healthcare and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
  3. TIMESHEETS
    1. At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less, the Client shall sign the Shikilla Healthcare timesheet, verifying the number of hours worked by the Member during that period.
    2. Signature of the timesheet by the Client is confirmation of the number of hours worked by the Member. If the Client is unable to sign a time sheet produced for authentication by the Member because the Client disputes the hours claimed, the Client shall inform Shikilla Healthcare as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with Shikilla Healthcare to enable Shikilla Healthcare to establish what hours, if any, were worked by the Member. Failure to sign the time sheet does not alter the Client’s liability to pay for hours worked.
    3. The Client shall not be entitled to decline to sign a timesheet on the basis that he is dissatisfied with the work performed by the Member. In cases of unsuitable work the Client should apply the provisions of clause 10.2 below.
    4. These Terms & Conditions are deemed to be accepted by virtue of a signed timesheet
  4. HOURLY CHARGES
    1. The Client agrees to pay such hourly charges of Shikilla Healthcare as shall be notified to and agreed with the Client. The hourly charges are calculated according to the number of hours worked by the Member (to the nearest quarter hour) and comprise mainly the Member’s pay and any sums due in respect of holiday pay or any other statutory entitlement of the Member but also include Shikilla Healthcare’s commission calculated as a percentage of the Member’s pay, employer’s National Insurance contributions and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable.
    2. The Client agrees to pay such hourly charges of Shikilla Healthcare as shall be notified to and agreed with the Client. The hourly charges are calculated according to the number of hours worked by the Member (to the nearest quarter hour) and comprise mainly the Member’s pay and any sums due in respect of holiday pay or any other statutory entitlement of the Member but also include Shikilla Healthcare’s commission calculated as a percentage of the Member’s pay, employer’s National Insurance contributions and any travel, hotel or other expenses as may have been agreed with the Client or, if there is no such agreement, such expenses as are reasonable.
    3. Shikilla Healthcare reserves the right to charge interest on any overdue amounts at the rate of 2% from the due date until the date of payment.
    4. There are no rebates payable in respect of Shikilla Healthcare’s charges.
    5. Any queries regarding Shikilla Healthcare’s Charges as per invoice, must be notified to Shikilla Healthcare within 7 days of receipt of receipt of the invoice. If no queries are raised in this period, the Client is deemed to be fully satisfied with Shikilla Healthcare’s charges and is liable to pay the invoice in full within 28 days from the date of the invoice. Queries raised against invoices will not preclude Shikilla Healthcare from seeking to recover the full invoice value from the client, subject to any changes caused by the query.
  5. REMUNERATION, DEDUCTIONS AND STATUS
    1. Shikilla Healthcare is responsible for payment of all remuneration due to the Member and for the deduction and payment of PAYE Income Tax applicable to the Member pursuant to Part 42-04-65 - PAYE - Employee payroll tax deduction
    2. 2 The member is neither the Client’s employee nor that of Shikilla Healthcare but is engaged by Shikilla Healthcare as a self-employed person under a contract for services to provide services to the Client.
  6. INFORMATION TO BE PROVIDED
    1. When making an Introduction of a Member to the Client, Shikilla Healthcare shall inform the Client of the identity of the Member; that the Member has the necessary or required experience, training, qualifications and any authorisation required by law or a professional body to work in the Assignment; whether the Member will be employed by Shikilla Healthcare under a contract of service or apprenticeship or a contract for services; and that the Member is willing to work in the Assignment.
    2. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following, save where the Member is being Introduced for an Assignment in the same position as one in which the Member had previously been supplied within the previous five business days and such information has already been given to the Client, unless the Client requests that the information be resubmitted.
  7. TRANSFER AND INTRODUCTION FEES
      1. In the event of the Engagement by the Client of a Member supplied by Shikilla Healthcare either (1) directly or (2) pursuant to being supplied by another nursing / caring business, within either
      2. The duration of the Assignment;
      3. 14 weeks from the start of the first Assignment (each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be considered to be the ‘first Assignment’ for these purposes); or
      4. 8 weeks from the day after the last day the Member worked on the Assignment the Client shall be liable, to either an extended period of hire as set out in 7.1.3 below or a Transfer Fee calculated in accordance with 7.1.2 below. The Client must give Shikilla Healthcare 5 days written notice in advance of the Engagement of whether it has elected to take the period of extended hire or to pay the Transfer Fee. However, where the client does not give such notice before the member is engaged the parties agree that the Transfer Fee shall be due.
    1. The Transfer Fee shall be calculated as follows: 20% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 4.1 multiplied by the hours worked. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.
    2. The Transfer Fee shall be calculated as follows: 20% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 4.1 multiplied by the hours worked. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.
    3. If the Client elects for a period of extended hire, as set out above, but before the end of such period Engages the member supplied by Shikilla Healthcare either directly or pursuant to being supplied by another nursing business or the Member chooses not to be supplied for period of extended hire or for whatever reason is unable to work for the whole period of extended hire, the Transfer Fee calculated in accordance with 7.2 may be charged, reduced by such percentage to reflect the period of extended hire already undertaken by the Member and paid for by the Client.
    4. In the event that there is an Introduction of a Member to the Client which does not result in the supply of that Member by Shikilla Healthcare to the Client, but which leads to an Engagement of the Member by the Client either directly or pursuant to being supplied by another nursing business within 6 months from the date of Introduction the Client shall be liable, to either a period of hire as set out in
    5. or an Introduction Fee calculated in accordance with 7.1.2 . The Client must give Shikilla Healthcare 5 days written notice in advance of the Engagement of whether it has elected to take the period of hire or to pay the Introduction Fee. However, where the client does not give such notice before the Member is Engaged the parties agree that the Introduction Fee shall be due. 7.1.4 will apply where the extended period of hire is not fulfilled
    6. or an Introduction Fee calculated in accordance with 7.1.2 . The Client must give Shikilla Healthcare 5 days written notice in advance of the Engagement of whether it has elected to take the period of hire or to pay the Introduction Fee. However, where the client does not give such notice before the Member is Engaged the parties agree that the Introduction Fee shall be due. 7.1.4 will apply where the extended period of hire is not fulfilled
    7. In the event that a Member supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Member by the third party within either
    8. The duration of the Assignment;
    9. 14 weeks from the start of the first Assignment (each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be considered to be the ‘first Assignment’ for these purposes); or
    10. 8 weeks from the day after the last day the Member worked on the Assignment the Client shall be liable to pay a Transfer Fee calculated as follows: 20% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to clause 4.1 multiplied by hours worked. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.
    11. In the event that there is an Introduction of a member to the Client which does not result in the supply of that Member by Shikilla Healthcare to the Client, but the Member is introduced by the Client to a third party which results in the Engagement of the Member by the third party within 6 months from the date of Introduction the Client shall be liable, to an Introduction Fee as shown in
  8. LIABILITY
    1. 1 Whilst every effort is made by Shikilla Healthcare to ensure reasonable standards of skills, integrity and reliability from the Members carrying out the Assignments, no liability will be accepted by Shikilla Healthcare for any loss, expense or damage arising from any failure to provide a Member for all or part of an Assignment or from the negligence, dishonesty or misconduct of the Member. For the avoidance of doubt, Shikilla Healthcare does not exclude liability for death or personal injury arising from its own negligence.
    2. 1 Whilst every effort is made by Shikilla Healthcare to ensure reasonable standards of skills, integrity and reliability from the Members carrying out the Assignments, no liability will be accepted by Shikilla Healthcare for any loss, expense or damage arising from any failure to provide a Member for all or part of an Assignment or from the negligence, dishonesty or misconduct of the Member. For the avoidance of doubt, Shikilla Healthcare does not exclude liability for death or personal injury arising from its own negligence.
    3. The Client shall also advise Shikilla Healthcare of any special health and safety matters about which Shikilla Healthcare is required to inform the Member and about any requirements imposed by Organisation of Working Time Act 1997 law or by any professional body, which must be satisfied if the Member is to fill the Assignment and will assist Shikilla Healthcare in complying with its own obligations under the by supplying any relevant information about the Assignment requested by Shikilla Healthcare and the Client will not do anything to cause Shikilla Healthcare to be in breach of its obligations under the Organisation of Working Time Act 1997 Where the Client requires or may require the services of a Member for more than 48 hours in any week, the Client must notify Shikilla Healthcare of this requirement before the commencement of that week.
    4. The Client undertakes that it knows of no reason why it would be detrimental to the interests of the Member for the Member to fill the Assignment.
    5. In all cases the Client shall indemnify and keep indemnified Shikilla Healthcare against any costs, claims, damages and expenses incurred by Shikilla Healthcare arising out of any Assignment or any non-compliance with clauses 8.2 and 8.3 and/or as a result of any breach of these Terms by the Client.
  9. POLICIES AND PROCEDURES
    1. 1 Where the Client is the patient for whom the Assignment is being performed, the Member is precluded from assisting the Client in relation to making a will or from benefiting under the terms of any will or codicil made by the Client.
    2. The Client will co-operate with Shikilla Healthcare in relation to any assessment of the risks at the premises where the Assignment is to be carried out and will provide all relevant information upon request to Shikilla Healthcare.
    3. The Member will be subject to Shikilla Healthcare’s policies regarding administering and/or assisting with medication. The policy will also define the limits of the Member’s assistance and the tasks which may not be undertaken without specialist training. The Client shall not request the Member to act in any way which is a breach of the said policies.
    4. Where the Member is supplied to a Client’s own home, any third party owned equipment in the home shall not be used by the Member unless the equipment is in a safe condition and the necessary checks have been undertaken by the provider of the equipment.
    5. The Member will seek the Client’s informed consent in relation to all aspects of care.
  10. STATEMENT OF PURPOSE & COMPLAINTS PROCEDURE
    1. 1 Shikilla Healthcare’s statement of purpose prepared in accordance with the Health and Social Care Act 2012 is available on request from Shikilla Healthcare.
    2. Where the client has any cause for concern or wishes to make any complaint about the services provided during the Assignment, the Client shall submit such complaints to Shikilla Healthcare and such complaint shall be dealt with in accordance with Shikilla Healthcare’s complaints procedure. A copy of Shikilla Healthcare’s complaints procedure will be supplied to the Client and to anyone who requests a copy of the procedure on behalf of the Client.
  11. TERMINATION
    1. If the Client reasonably considers that the services of the Member are unsatisfactory, the Client may terminate the Assignment either by instructing the Member to leave the Assignment immediately or by directing Shikilla Healthcare to terminate the Assignment immediately. Shikilla Healthcare may in such circumstances reduce or cancel the charges for the time worked by that Member, provided that the Assignment terminates:
    2. If the Client reasonably considers that the services of the Member are unsatisfactory, the Client may terminate the Assignment either by instructing the Member to leave the Assignment immediately or by directing Shikilla Healthcare to terminate the Assignment immediately. Shikilla Healthcare may in such circumstances reduce or cancel the charges for the time worked by that Member, provided that the Assignment terminates:
    3. within two hours for bookings of seven hours or less. and also provided that notification of the unsuitability of the Member is confirmed in writing to Shikilla Healthcare within 48 hours of the termination of the Assignment.
    4. Any of the Client, Shikilla Healthcare or the Member may terminate an Assignment at any time without prior notice. Termination of an assignment with less than 8 hours’ notice will incur a cancellation fee of 4 x hourly rate as per the charges in 4.1.
    5. The Client shall notify Shikilla Healthcare immediately and without delay and in any event within 24 hours if the Member fails to attend work or notifies the Client that she is unable to attend work for any reason.
  12. SPECIAL SITUATIONS
    1. Where the Member is required by law, or any professional body to have any qualifications or authorisations to work on the Assignment or the Assignment involves caring for or attending one or more persons under the age of eighteen or any person who by reason of age, infirmity or who is otherwise in need of care or attention, ShikillaHealthcare will take all reasonably practicable steps to obtain and offer to provide to the Client:
      1. Copies of any relevant qualifications or authorisations of the Member, and
      2. Two references from persons not related to the Member who have agreed that the references they provide may be disclosed to the Client.
      3. and has taken all reasonably practicable steps to confirm that the Member is suitable for the Assignment. If Shikilla Healthcare is unable to do any of the above it shall inform the Client of the steps it has taken to obtain this information in any event
  13. FORCE MAJEURE
    1. Shikilla Healthcare will use its best endeavours to provide the services of a Member throughout the Assignment. Should Shikilla Healthcare’s obligation to do so be materially interrupted or interfered with by an event of force majeure, then such obligation shall be suspended while the interference or interruption continues and Shikilla Healthcare will not be liable for any loss the Client suffers or costs s/he incurs as a consequence of the interference or interruption.
    2. Both parties to this contract agree to use their best endeavours to minimize and reduce any period of suspension caused by an event of force majeure.
    3. The expression “an event of force majeure” includes but is not limited to fire, flood, casualty, lockout, strike, labour disputes, industrial action of any kind, unavoidable accident, breakdown of equipment, national calamity or riot, Acts of God, the enactment of any Act of Parliament or the act of any other legally constituted authority, any cause or event arising out of or attributable to war, or any other cause or event (whether of a similar or dissimilar nature) outside the reasonable control of either party to this contract other than a shortage or lack of money.
  14. LAW
    1. These Terms are governed by the law of Republic of Ireland and are subject to the exclusive jurisdiction of the Courts of Republic of Ireland