Resource Terms of Service:

If you are a resource, the terms below are applicable to you

Definitions of terms:

‘ReProxy’ means the online marketplace for support staff provided via the ReProxy platform.

‘Resource(s)’ means individuals working on a self-employed basis and delivering support services via the ReProxy platform.

‘Client(s)’ means individuals using the marketplace service to search for support staff, engage with Resources and enter a contractual relationship with Resources or via ReProxy.

‘Receiver(s)’ means the person/group benefitting from the support. However, they may also be a client.

1. Introduction.

1.1 About ReProxy

ReProxy provides staffing services. It is also an online platform for self-employed Resources to find and work with clients and vice versa. It also provides tools that allow them to work together, which include, but are not limited to:

• A database of self-employed Resources, filtered by skill, area, and time availability.
• Online payments system to enable transactions between self-employed Resources and clients.
• A standard contract, executed at the agreement to provide services, valid for the service arranged and inclusive of agreements made between the Resource and the client.
• Communication tools to facilitate interaction.
• Support planning and scheduling tools.
• Monitoring tools for clients to monitor support activity.
• Feedback tools on staff performance.

1.2 Supply agency service

In accordance with policy, ReProxy can be classified as an ‘introductory agency’ and a ‘staffing company’.

1.3 Limitations of service

All the tools provided by ReProxy are used at the client’s and Resource’s own risk. ReProxy provides no guarantee over the functioning of the tools provided and reserves the right to withdraw any of them at any time for an unspecified period. ReProxy does not accept any liability for losses or damages caused by the unavailability or functionality of the service.

ReProxy disclaims any liability for any losses or controversies, injury or accidents, claims or damages arising from the use of its tools, as well as the engagement or the provision of support services by Resources.

2. General Terms of Service.

2.1 Eligibility to use the service: representations and warranties.

By registering and using the service you confirm that:

• All the information provided by you is correct and accurate.
• you accept and will abide by the contract.
• You accept and will abide by our terms of service; you have the right to form legally binding contracts under UK law and are over 18 years old.
• You are eligible to legally work in the UK.
• You will be working on a self-employed basis and will fulfil all responsibilities and duties of a self-employed worker including paying all tax and National Insurance due to HMRC.

2.2 Account creation

To use this service Resources must create an account on the ReProxy website. Each account must be a personal account and only one account is allowed per person. Resources must provide accurate and up to date information. You confirm you will keep passwords safe and secure and not allow anyone else to access your account. ReProxy reserves the right to change the terms and conditions of the site at any time and with immediate effect. ReProxy undertakes a level of due diligence to ensure each account belongs to one person.

By applying to ReProxy, Resources give ReProxy permission to use the information they provide to undertake due diligence. This includes, but is not limited to, referencing that information during the interview, ensuring that any information displayed is accurate and check your Identity and background information. This includes, but is not limited to, their DBS certificate and information made available via the DBS update service and other publicly available information.

2.3 Profile content

Resources are directly responsible for the content that they upload to the ReProxy platform. Content must not be defamatory, offensive, inaccurate, false, or misleading. ReProxy reserves the right to remove any content that does not meet these standards at our absolute discretion. By using this service, you agree only to use ReProxy for its intended and lawful purposes. ReProxy reserves the right to amend and edit the content for accuracy, correct grammar, and general presentation in accordance with creating a positive user experience for clients.

2.4 Compliance with Contract

Once a Resource has ‘accepted’ a contract, they are bound to deliver the terms of that contract. The self-employed Resource must negotiate with the client regarding any deviation from the contract, e.g., for time off or changes of contracted hours for leave, illness, or personal circumstances. ReProxy can offer no mediation or intervention regarding perceived non-compliance unless asked.

2.5 Quality of staff and service delivery

In your capacity as a Resource, you agree to provide a professional, punctual, safe, compassionate, well communicated, and diligent service to your clients and patients always. You must not accept a contract that involves duties beyond your level of competence. You agree to always act honestly and with absolute integrity. You should not sub-contract or offer work to any colleague or any associate unless you have agreed on this with the client. Any change to contract terms must be expressly communicated to the client in writing. As a self-employed person, you have a right to find a substitute for your absences. ReProxy encourages you to contact and liaise with other Resources registered on ReProxy to this end and offers its services to ensure that the substitute meets a basic standard.

2.6 Compliance with Statutory Regulations

Resources must ensure they are following the highest standards, the Safeguarding Vulnerable Groups Act 2006, the Protection of Vulnerable Groups (Scotland) Act 2007 and all other legislation and Governmental Authority guidance applicable to the staffing in force in the UK. In addition, you represent and warrant that you and each member of your party have never been the subject of a complaint, restraining order or any other legal action involving being arrested for, charged with, or convicted of any criminal offence involving violence, abuse, neglect, theft or fraud, or any offence that involves endangering the safety of others, dishonesty, negligence or drugs, and you are not, nor have you ever been, on the sex offenders register or other similar lists.

3. Release of liability for user conduct and disputes.

All agreements between clients and Resources are legally binding. Where ReProxy is not a party to this agreement ReProxy cannot arbitrate or mediate unless the issue is raised directly with ReProxy.

ReProxy does not accept any liability for claims, demands or direct and indirect damages arising from disputes between clients and Resources, however, ReProxy does offer resolution services where an issue is raised to us.

4. Issue Management Policy.

Where there is a disagreement between the client and the Resource, they may raise it with ReProxy. This will trigger our issue management process, where ReProxy will examine the evidence provided by both sides and the data contained within our systems to attempt to come to as fair a resolution as possible. This data includes, but is not limited to, chat logs, visit reports and client and resource behaviour history.

ReProxy reserves the right, at its absolute discretion, to defer payment in escrow, reimburse or cease contractual payments at any time. We offer no guarantee that when an issue is raised that clients or resources will be reimbursed or paid.

ReProxy reserves the right, at its absolute discretion, to refer the matter to the correct authorities, where they are better placed to arbitrate and manage the outcomes of any interaction and complaint.

To start the issue management process, an issue must be raised to ReProxy within 10 working days of the incident.

5. Payments and Cancellations.

5.1 Payments

Work contracts are agreed between clients and resources, however, all payments for work completed must be made via ReProxy; attempts to pay outside of ReProxy will lead to sanctions not limited to account suspension. Offers to pay outside of ReProxy, made by either party, must be reported to ReProxy immediately.

All credit and debit card information is held in compliance with PCI and is secure.

5.2 Rates and fees

It is your responsibility to set your hourly rate for the support services you wish to provide. Hourly rates should not be changed during a contract agreement. Any changes in hourly rates that are made before the end of a contract must be agreed upon first with the other party and must result in the termination of the current contract and a new contract being agreed with the client. When setting your rate and negotiating with the client, you should account for ReProxy charging a service fee in accordance with our policy at the time, which is inclusive of VAT which is deducted from your hourly rate as part of that commission.

5.3 Income Tax and National Insurance

By using this service as a self-employed resource, you agree that you have made and will make all required legal and tax filings to HMRC. This includes making national insurance contributions and paying income tax.

5.4 Cancellations and absences

ReProxy accepts that cancellations are inevitable, however, we discourage them. Where an emergency arises and absence is unavoidable, you must inform the client immediately, with as much notice as possible. When cancelling any agreed hours with a client, we ask you to notify ReProxy of your cancellation at the same time so that we can assist in finding a replacement.

If you fail to inform your client of any absences or changes in contracted hours and this results in a complaint from the client, we reserve the right to withhold your pay for the period where the unexcused absence occurred. Please bear in mind that cancellations and unexcused absences may also affect your rating on the platform.

In cases of a planned holiday or leave, you must inform the client of your wish to arrange cover at least 2 weeks in advance of such absence and make best efforts to arrange cover with other Resources registered on ReProxy. Any cover with a ReProxy Resource must be agreed with the client beforehand and be registered through the platform as they would when accepting any other booking.

The cancellation policy in the prevailing contract applies.

5.5 Unaccepted visits

Once a visit has been agreed upon and scheduled, it is incumbent on the Resource to confirm their attendance by accepting the visit. Attending unaccepted visits is strictly prohibited, however, where deemed acceptable by both parties, ReProxy will make any corrections necessary to negate any negative impact at their sole discretion. ReProxy does not accept any liability arising from the attendance of unaccepted visits and this visit may not be insured. Resources that do attend an unaccepted visit may be removed from the platform immediately.

6. Limitation of liability.

6.1 Responsibility for contract acceptance

You acknowledge that the decision to enter a contract with a client is your sole responsibility and that ReProxy makes no warranty as to the suitability of any work assignment you accept via ReProxy, nor does ReProxy provide any warranty as to the character or honesty of any client or receiver, or the truthfulness or accuracy of information provided by a client or receiver.

However, ReProxy does encourage you to make ReProxy aware of any concerns regarding client behaviour, so that we can support you. ReProxy reserves the right to take any action it sees fit, based on this information including, but not limited to, account suspension and complete removal from the platform. This is to safeguard resources working via the platform, receivers and clients.

6.2 Risks of introductory service

You agree that you understand the risks involved in participating in an introductory agency service and you hereby waive any rights to claims for damages from ReProxy in relation to the service.

6.3 Breach of terms and conditions

You agree to indemnify and not hold ReProxy responsible or make any claim or demand against ReProxy following breaching these terms and conditions.

Where you circumvent ReProxy, taking a client off-platform, you will be charged a £1,500 fine to recoup our losses and will be held liable for any cost incurred in the pursuit of this debt.

7. Contractual Obligations.

By using ReProxy, you agree to use the service for all current and future work that takes place because of an introduction made through ReProxy. If you have been introduced to a potential client through ReProxy, you must not create contractual agreements outside of this service, with the deliberate intention of circumventing ReProxy fees. However, you may agree to additional terms, above and beyond the Resource-Client Contract, and we, ReProxy, make ourselves available for consultation under such circumstances.

8. Taking clients off the platform:

You are prohibited from taking clients off the platform, to work with separately.

However, in exceptional circumstances, we may allow clients to do this at our sole discretion, for a fee to be discussed directly between the Client and ReProxy. If your client is insisting on working with you, but not via the ReProxy platform, and you are comfortable with that, it is your responsibility to let ReProxy know so we may arrange for this to happen.

If you do not tell us, we cannot facilitate this and will charge you a £2,000 fine to recoup our losses, on top of which, your account will be terminated.

When working with a client via a third party, you are restricted to communicating with that third party only. You may only communicate with the family and patient with the consent of that third party. Beyond the end date of your relationship with that third party, you are prohibited from communicating with the family and patient, without the consent of the third party. The third parties’ consent may be withdrawn at any time, at their sole discretion.

9. Termination of your profile.

You shall immediately notify ReProxy should your circumstances change, and you are no longer able to accept client work via ReProxy. You are expected to always carry out a high-quality service. ReProxy reserves the right to terminate your profile, if it comes to our attention that your service is not up to standard or you are failing to deliver on reasonable promises made, as determined by ReProxy, or the terms and conditions have been breached, or in the case that jobs have been frequently turned down. This decision is at the sole discretion of ReProxy, and no justification needs to be provided for the termination of a profile. Any severe offences will result in but are not limited to, the immediate termination of a Resource’s profile.

10. Quality assurance and background checks.

By using this site or service you authorise ReProxy to carry out certain background checks and audits at a time of their choosing. ReProxy reserves the right, but not the obligation, to use a third party to scan your personal information on an ongoing basis against a variety of sources, which may include, but are not limited to, sex offender registers, social media, criminal registers and other legally available databases and resources. ReProxy has no obligation to perform checks and releases all liability associated, which results from checks. However, ReProxy endeavours to review or carry out enhanced DBS checks on all Resources registered on ReProxy. ReProxy reserves the right to exclude a resource from the ReProxy resource directory based on findings in the DBS check. You also warrant that you have not been the subject of a restraining order or any other civil action.

11. Feedback, marketing, and customer reviews.

We ask clients to feedback on the experience they had with you. The feedback will contribute towards the review section on your ReProxy profile. Customer feedback should be honest, and you must not offer incentives in exchange for better feedback or try to influence a customer to deviate from their true and honest view. We reserve the right to remove any defamatory, abusive, or offensive feedback, on request and at our discretion, but are not obliged to do so. You agree to provide an exclusive and perpetual right for ReProxy to publish customer reviews on your profile, and you must not attempt to delete customer reviews or create a new profile to delete poor feedback. Your profile data including biography and photograph (without identifying details) may be used from time to time in print and online marketing initiatives to generate more demand for your services. You also give ReProxy a perpetual and non-exclusive right to share your information with third parties. If you wish to opt-out of this activity, please contact Ask@ReProxy.co.uk

Also, we ask that you raise any issues you encounter with clients to ReProxy, so that they may be reviewed. This includes any instance where you see issues involving vulnerable people in accordance with ReProxy safeguarding policy.

12. The Staff Support Miles Programme

At ReProxy we offer ‘Staff Support Miles’. Once earned, Staff Support Miles reduce the amount paid to ReProxy in commission.

The earning of Staff Support Miles is at our complete discretion. Staff Support Miles have no external value, they cannot be traded, and the value of Staff Support Miles can be changed at any time.

ReProxy reserves the right, at its absolute discretion, to withdraw an individual’s Staff Support Miles, to end the programme, to change the rewards stemming from Staff Support Miles, and to otherwise alter the programme in any way, at any time, without warning or explanation.

13. Privacy Statement.

By using the ReProxy services you consent that ReProxy may process the personal data that ReProxy collects from you in accordance with ReProxy Privacy Policy.

14. Confidentiality.

You agree to keep strictly confidential any information you receive via any medium or format about potential, existing and past clients from either ReProxy or the clients themselves. This includes but is not limited to personal information and medical information, that is not already in the public domain.

15. Governing Law.

The terms and conditions and any dispute arising out of the site and/or the services shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or connection with this site and/ or service.

16. Contact Information.

If you have any questions about the terms and conditions or the services provided by ReProxy please contact us at Ask@reproxy.co.uk.