Terms and Conditions
"Host"- Elderly person employing the companion
"Companion" - The person spending their time in the hosts home.
1. Jems Obligations
1.1 Jems is an Introductory agency. Jems aims to find a companion to support a person to remain in their own home, it does not employ companions or act as an employment agency or care agency.
1.2 Jems will endeavour to introduce the host to a companion as well suited as possible, based upon the information which the parties have provided. To this end Jems will seek to provide the host with all relevant information concerning the companion which has been made available to them. Jems cannot guarantee that all the information in the references or otherwise provided by the companion or other third parties is accurate. The final responsibility for any decision to engage a companion rests with the host. Jems does not offer any warranty as to the suitability, honesty, character or capability of any companion.
1.3 While Jems will endeavour to meet the requirements of the host, it is under no obligation to ensure that the host is introduced to any companions. They reserve the right to refuse to supply the host with companion details at its own discretion.
1.4 Jems holds no responsibility for the employment contract between the host and the companion which is solely a matter to be arranged between the host and the companion. Jems may offer a template employment contract which should be treated solely as an example, for guidance.
1.5 Once there is an agreed contract both parties are bound by the conditions of the contract
2.1 You should not discriminate against a companion on the basis of skin colour/nationality, disability, gender, race, religion or ethnicity.
2.2 In addition you represent and warrant that you and each member of your household has never been the subject of a complaint, restraining order or any other legal action involved with being arrested or 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 are not nor ever have been on the sex offenders register.
2.3 Hosts must ensure their home is a safe environment and free from any hazards or illness which may put the companion at risk.
2.4 Hosts should ensure that their insurance covers live in companions.
2.5 By entering a contract as a host you agree that you have the funds available to pay for the contract value.
2.6 Live-in requirements
Live in companions have legal rights which include without limitation, the following
- provision of a separate bedroom
- suitable bathing and toilet facilities which are clean and in a good state of repair
- provision of food and clean bedding
- live in companions are not expected to work over night
- permanent placement companions must have 2 days off a week where they are not expected to be resident and have sufficient breaks during daylight hours
- travel to and from the placement is the responsibility of the companion
2.7 If the host needs a companion to drive, they should provide the car, insurance and petrol. Jems will submit details of companions who have stipulated that they hold a valid driving license for the UK and will obtain a copy of their driving license, but Jems is unable to make any guarantees about the companion's driving qualifications or the standard of their driving. Jems accepts no responsibility if the companion chooses to use their own car.
2.8 The host acknowledges that a companion is not a trained carer, housekeeper, chef or guardian and agrees that the placement will be conducted in accordance with the contract and in the spirit of a companion. They must not rely on the companion to perform medical services even in an emergency.
2.9 The companion will be given a timetable for work, showing clearly the hours of work, duties to be carried out and pay.
2.10 The host is responsible for paying the companions' cost of accompanying them on any excursions- public transport, taxi's, cinema, theatre. These are not included in the companions fee's.
3. Companion obligations
3.1 Companions must satisfy as to their suitability of being a companion, medically, psychologically and physically.
3.2 Companions are not allowed to smoke, take prohibited drugs or drink alcohol whilst acting as a companion.
3.3 Companions are not allowed to accept gifts with a value greater than £20, or lend money to the host or borrow money from the host.
3.4 A one off registration fee of £25 is required on securement of placement
4.1 Jems shall endeavour to introduce a companion who is suitable for the hosts requirements. However Jems is providing services solely for the purpose of introducing candidates to the host and the final decision to employ a companion is the sole responsibility of the host.
4.2 Jems shall not be liable for any costs, damage, claims or expenses in relation to the hosts personal property including home and vehicle or losses (including loss of earnings caused by the temporary unavailability of the website), injury, personal injury, death or misconduct related to the introduction of the companion to the host or due to any inaccuracy in the information provided by the companion or any third party or from any failure to introduce a companion.
5. User conduct and use of service
5.1 By registering and using Jems you confirm that you are 18 yrs old or over and have the right to form a legally binding contract under UK law.
5.2 You accept and will abide by our terms and conditions.
5.3 All information provided by you to Jems and potential hosts/companions is correct and accurate.
5.4 We reserve the right to support the withdrawal of the service immediately should any information prove incorrect or inaccurate.
6. How we use companions information
To assess your skills, experience and suitability for a position as a companion to the elderly.
Carry out background and reference checks.
Communicate with potential hosts looking for a companion.
7. Companions rates
Companions state their own hourly rates as they are self employed.
These range between £10 to £15 per hour depending on specifications of the position, hours of work and their experience.
8. Fees and Billing
8.1 Jems charges a one off placement fee of £250 on securement of a Companion (non live in)
8.2 Jems charges a one off placement fee of £500 on securement of a live in companion
8.3 Jems reserves the right to alter their terms of their fee structure at anytime.
8.4 Payments should be made direct to the Companion.
8.5 Payments not received within a timely manner could result in the Companion asking for a new placement host.
9.1 Jems strongly discourages cancellation of contracts unless exceptional circumstances occur.
If the companion cancels after an initial acceptance Jems will do there best to find a replacement as soon as possible.
10. Vetting and background checks
Jems makes reasonable efforts to check the identity and information provided by companions.
This includes visual checks of
- identity documents to confirm the right to live and work in the UK
- verify a companions identity via photographic ID
- check up to date DBS certificate
- follow up on references
- interview each individual
11 Disputes and complaints
11.1 Jems does not accept any liability for claims, demands or direct or indirect damages arising from disputes between the host and companions.
11.2 Jems are not party to an agreement but will attempt to arbitrate or mediate if there is an alleged breach of contract.
11.3 Jems wants you to be happy with the service they provide.
11.4 In the event of something going wrong or not being to your satisfaction, please contact Jems at the earliest opportunity.
12. Safeguarding Policy
12.1 Jems takes the safety of all parties using the Jems introductory service extremely seriously and complies with all relevant legislation.
12.2 In instances where Jems is made aware of potential safeguarding risks to the host from any party, we will act within accordance of the Safeguarding of Vulnerable adults
13. Information about Criminal convictions
13.1 Jems will check the companion will have an up to date Criminal records check DBS.
13.2 If a criminal act is suspected by either party during the contract, then the Police can and will be contacted by any of the parties or Jems companions if warranted.
These terms are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
Jems Companions is an Associate member of BAPAA
Jems is a Limited Company- reg number 12316042
Jems will only share information between potential host and companion.
Jems will not divulge any of your details to a third party.
The information received by Jems will be confidential for the purpose of securing a placement.
Jems will keep your information safe and confidential at all times.