Terms for Health Professionals

1. Who these terms are for

These terms are an agreement between [Company name] ("Kavod Homecare", "we") and health professionals who register on Kavod Homecare to take on home care assignments ("you"). By creating an account you accept them. Your own terms don't apply unless we agree to them in writing.

2. What Kavod Homecare does

Kavod Homecare lets approved health professionals see and take on home care offers for patients in Ireland (and, as we grow, in other European countries), record their working hours and get paid for approved hours. We don't promise any particular number of offers, and you're free to decide which offers you take.

3. Registration and approval

You must give complete and correct information and keep it up to date, especially your contact details, work area and payment details.
You must upload the required documents: passport or national ID card, professional qualification, CV, and a Garda vetting disclosure. If you've lived outside Ireland for 6 months or more since the age of 18, we may also ask for a police clearance certificate from each of those countries. Documents that expire must be renewed in time.
If your profession is regulated, you must be on the register of the Nursing and Midwifery Board of Ireland (NMBI) or CORU, keep your registration active, and tell us straight away if it lapses, is suspended or has conditions attached.
You must be entitled to work in Ireland. If you're not an EEA, Swiss or UK citizen, we'll ask for proof of your immigration permission.
We check every application and may approve it, ask for more information, or decline it. There's no right to be approved.
You can only see and accept offers once we've approved your account and you've confirmed your email address.
Keep your password secret. Tell us straight away if you think someone else has used your account.

4. You work as a self-employed professional

You work as an independent, self-employed contractor, not as our employee. You decide whether to accept an offer, and you plan your own working time around the offers you accept.
You're responsible for your own tax and PRSI. That includes registering with Revenue for self-assessment income tax and filing your own returns.
You must have professional indemnity insurance that covers your work, and show it to us on request.
You may also work for other clients.

Note for review: whether someone is self-employed depends on how the work is actually done, not only on what the contract says (Supreme Court, Revenue Commissioners v Karshan (Midlands) Ltd t/a Domino's Pizza [2023] IESC 24, and the Code of Practice on Determining Employment Status). Have this section and how assignments work in practice checked by a solicitor.

5. Offers and assignments

Open offers are shown to all approved professionals whose profession and work area match. The first person to claim an offer gets it. When you claim one, you confirm that you'll carry out the whole schedule shown.
Direct offers are sent to you personally. You can accept or decline them until the reply deadline. If you don't reply in time, the offer lapses.
By claiming or accepting an offer, you enter into a contract with us for that assignment, at the hourly rate, schedule and conditions shown in the offer.
You can't take on offers whose times overlap with an assignment you already hold.
If you can't attend a shift, ask to cancel or swap it in the portal as early as possible. In an emergency, also call us straight away. Until we approve a request, the shift stays yours.
We may cancel or re-assign an offer, for example if the patient's needs change. We'll tell you as early as we can.

6. Carrying out assignments

Provide care professionally and carefully, following the care instructions in the assignment, the code of conduct of your regulator (for example the NMBI Code of Professional Conduct and Ethics, or the CORU code for your profession) and recognised standards for home support in Ireland.
Only do work that your qualification and scope of practice allow.
Arrive on time. If something unexpected happens with the patient, call the emergency services if needed, then inform the emergency contact and us without delay.
If you're worried that a patient is being harmed, neglected or abused, report it to us at once so we can act under the HSE safeguarding policy for vulnerable adults.
Keep everything you learn about patients strictly confidential, also after the assignment ends.

7. Recording your hours

Clock in when you start and clock out when you finish each visit, in the portal at the patient's home. Record breaks.
When you clock in or out, your location is checked once against the patient's address. If you clock in somewhere else or outside the allowed time, you'll be asked for a reason and the entry is reviewed.
If you forget to clock out, the entry is closed at the scheduled end time and reviewed.
Our team approves, adjusts (with a reason) or rejects each entry. You can ask for a correction while an entry is pending.

8. Pay and invoices

You're paid for approved hours at the hourly rate of each offer: approved hours × rate. If a rate changes, the new rate only applies to hours worked after the change.
Self-billing: you agree that we prepare the invoice for your services on your behalf at the end of each pay period, and that you won't issue your own invoices for the same services. Check each self-billed invoice and tell us about mistakes within 14 days. This self-billing agreement lasts until either of us ends it in writing.
VAT: if you're registered for VAT, give us your VAT number and we add VAT at the rate that applies (currently 23% unless your services are exempt or at a reduced rate). If you're not registered, no VAT is shown. You're responsible for your VAT status being correct, including registering with Revenue if your turnover passes the VAT registration threshold, and for telling us straight away if it changes.
We pay by SEPA bank transfer to the account you gave us within [number] days of the invoice date.
Once a pay period is closed, we fix mistakes with a correction on the next invoice.

9. Data protection

You may only use patient data to carry out your assignment. Don't make copies, photos or notes outside the portal, and don't pass the data on. Access to patient details is logged. How we handle your own data is explained in our Privacy Policy.

10. Suspension and ending your account

You can ask us to close your account at any time. Assignments you've already accepted must still be completed, or handed back through a cancellation request.
We can close your account with [number] weeks' notice.
We can suspend or close your account immediately if you give false information, your vetting or registration lapses, your required documents expire, you breach confidentiality, you put a patient at risk, or you repeatedly don't turn up for shifts.

11. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that can't be limited under Irish law.
Apart from that, we're not liable for indirect or consequential loss, or for loss of profit or income, and our total liability to you in any 12 months is limited to the amount we paid you for assignments in that period.
You're responsible for your own work, and your professional indemnity insurance must cover it.

12. Changes to these terms

We may change these terms if there's a good reason, for example a change in the law or in our service. We'll email you the changes at least [number] weeks before they take effect. If you don't agree, you can close your account before then. If you keep using Kavod Homecare after that date, the new terms apply.

13. Final provisions

These terms are governed by the laws of Ireland, and the courts of Ireland have exclusive jurisdiction.
If a provision is invalid, the rest of these terms stay valid.
These terms, together with the offers you accept, are the whole agreement between you and us about your work through Kavod Homecare.