PARTIES
(1) HIBANT CARE LTD, a company incorporated in England and Wales with company number 17180137, ("Hibant", "we", "us"); and
(2) The individual whose name and contact details are set out on the Hibant Account registration page or who otherwise accepts these terms by clicking "I agree", creating an Account, or using the Platform (the "Account Holder", "you").
BACKGROUND
(A) Hibant operates an online introductory care agency that allows members of the public who need, or whose relatives need, home-based care or support to identify, contact and engage independent self-employed carers ("Carers").
(B) Hibant is an introductory agency. Hibant is not a regulated care provider, is not registered with the Care Quality Commission, does not itself provide, supervise, manage or direct the provision of personal care, and is not party to any care relationship between an Account Holder, a Client, and a Carer.
(C) Hibant does not employ Carers, does not supply Carers under its direction or control, and is not an employment business. Hibant facilitates connections between Account Holders, Clients and Carers; provides technology to enable Bookings, messaging and payment processing; and verifies Carer eligibility and onboarding documentation. Beyond these activities, Hibant does not participate in the delivery of care.
(D) The Account Holder wishes to use the Platform on the terms of this Agreement to arrange Care Services for the Account Holder or for a Client on whose behalf the Account Holder is acting.
IT IS AGREED AS FOLLOWS
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, the following terms apply:
"Account" means an Account Holder account registered on the Platform;
"Account Holder" means the individual or entity registered on the Platform who uses it to search for, advertise for, engage with, or arrange Care Services from a Carer. Where the Account Holder is arranging care for themselves, they are also the Client. Where the Account Holder is acting on behalf of another person, that other person is the Client. References to the Account Holder include any person lawfully authorised to act on the Account Holder's behalf;
"Booking" means a booked Care Session between the Account Holder (or Client) and a Carer arranged through the Platform;
"Care Recipient" or "Client" means the individual to whom Care Services are provided. The Client may be the Account Holder or a separate individual whom the Account Holder is acting for (typically a relative). References to "Account Holder" in operational obligations apply equally to any person acting for the Client;
"Care Services" means the services described in clause 4, contracted for and performed by a Carer directly for the Account Holder or Client under the Service Agreement;
"Carer" means a self-employed carer, care assistant or personal assistant registered on the Platform. "Helper", "buddy", "care worker" and "personal assistant" are interchangeable terms for Carers;
"Off-Platform Engagement" means any direct engagement of the Carer by the Account Holder or Client, or by a member of their household, otherwise than through the Platform, including by direct employment, self-employed contract, limited company or LLP arrangement;
"Off-Platform Fee" means the fee Hibant is entitled to charge under clause 11 where an Off-Platform Engagement occurs;
"Payment System" means the payment infrastructure provided to Hibant by its payment service providers, used to collect, hold and disburse funds in connection with Bookings, Platform Fees and other charges under this Agreement, and supporting methods including debit and credit cards, BACS Direct Debit, Faster Payments, CHAPS, manual bank transfer, Apple Pay, Google Pay, open-banking payment initiation, Stripe Connect for Carer payouts, and any further methods Hibant may make available from time to time. Hibant may change providers or supported methods at any time without re-signing this Agreement;
"Placement Fee" means, for a Live-in or fixed-duration Respite Booking, the total amount the Account Holder is to pay for the Care Services for the entirety of that Booking (the agreed rate multiplied by the agreed duration), excluding expenses, administration fees and VAT;
"Platform" means the website at www.hibantcare.com, the related mobile application, and the online services operated by Hibant;
"Platform Fee" means the percentage fee payable by the Carer (not by the Account Holder) to Hibant under the Carer's terms of service, in connection with each Booking;
"Service Agreement" means the agreement between the Account Holder (or Client) and the Carer for the provision of Care Services. The Service Agreement is a contract between the Account Holder and the Carer. Hibant is not a party to the Service Agreement;
1.2 In this Agreement, the singular includes the plural; references to statutes include amendments and successors; "including" means including without limitation; and headings are for convenience only.
2. NATURE OF HIBANT'S SERVICE - CRITICAL DISCLAIMER
2.1 Hibant is an introductory care agency only. The Platform exists to enable Account Holders, Clients and Carers to identify each other, communicate, enter into direct contracts, and settle payments. Hibant:
(a) does not provide the Care Services itself;
(b) is not registered with, nor regulated by, the Care Quality Commission (or the CIW, CIS or any equivalent regulator), because it carries on no regulated activity;
(c) does not employ, engage, supervise, line-manage, train beyond onboarding orientation, direct or control any Carer;
(d) does not create, approve, or amend any care plan, risk assessment, rota, or clinical document;
(e) is not party to the Service Agreement; and
(f) does not warrant, and cannot warrant, the suitability, performance, quality, character, history, availability or continued engagement of any Carer introduced to the Account Holder or Client.
2.2 Account Holder direction of care. The Account Holder acknowledges that the decision to contract with any particular Carer, and the management, direction and control of the Care Services, is the Account Holder's responsibility (or that of the Client, or a person lawfully authorised to act on their behalf). Nothing in this Agreement or on the Platform shall be construed as Hibant holding itself out as the provider, manager or supervisor of care. The Account Holder directs their own care, including the day-to-day scope, schedule, and method of the Care Services. Hibant does not direct, supervise, manage, or quality-assure the care provided.
2.3 Platform constraints. The Platform is used at the Account Holder's own risk. Hibant gives no guarantee that the Platform will operate without interruption, will be free from error, or will remain available. Hibant accepts no liability for losses or damages caused by Platform unavailability, technical error, scheduled maintenance or withdrawal of service. Hibant disclaims liability for any controversy, loss, injury, accident, claim or damage arising out of the Account Holder's or Client's engagement with any Carer or the Carer's provision of Care Services, save as set out in clause 12.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 The Account Holder represents and warrants that they are at least 18 years old, resident in the United Kingdom, and legally capable of entering into a binding contract.
3.2 The Account Holder agrees to provide accurate, complete and current information when registering, and to keep it up to date. The Account Holder is responsible for all activity under their Account and for keeping log-in credentials secure.
3.3 One Account per Account Holder. Accounts must not be shared, transferred or sold.
3.4 Code of conduct. No Account Holder may discriminate against any Carer or Client on grounds protected by the Equality Act 2010, including colour, race, nationality, ethnic origin, religion or belief, sex, gender reassignment, sexual orientation, age, disability, pregnancy, marriage or civil partnership status. The Account Holder warrants that neither the Account Holder nor any member of their household has been the subject of a complaint, restraining order, criminal charge, caution or conviction involving the safety of others, dishonesty or neglect, and is not on the sex offenders register or any equivalent barred-persons list.
4. THE PLATFORM SERVICES
4.1 Hibant will make the Platform available to the Account Holder on a non-exclusive, non-transferable basis. The Platform enables the Account Holder to:
(a) search, view and contact Carer profiles;
(b) request and confirm Bookings;
(c) pay Carers via the Payment System for Care Services performed;
(d) access daily care notes from completed Bookings, where logged by the Carer;
(e) access complaints and support channels; and
(f) receive safety and safeguarding information.
4.2 Carer verification. Hibant will, in relation to every Carer permitted on the Platform, take reasonable steps to verify: (i) identity; (ii) right to work in the UK; (iii) an Enhanced DBS check (with barred-list check where the role is eligible); (iv) two verifiable professional references; (v) Care Certificate or equivalent qualification; and (vi) public liability insurance. Hibant will use reasonable care and skill in doing so but does not guarantee the completeness or accuracy of any information supplied by a Carer.
4.3 Hibant does not select or assign Carers. Any matching, suggestion or ranking functionality on the Platform is a technical aid only; the final choice of Carer is the Account Holder's, who is encouraged to interview, verify references, and conduct any further checks they consider appropriate before engaging a Carer.
4.4 Communications. The Platform's messaging tool, email and (where opted in) WhatsApp are the official means of communication. Hibant may monitor communications on the Platform for safeguarding, quality, and compliance purposes.
5. THE ACCOUNT HOLDER-CARER RELATIONSHIP
5.1 Once the Account Holder confirms a Booking with a Carer, a separate contract - the Service Agreement - comes into effect directly between the Account Holder (or Client) and the Carer. That contract governs the provision of Care Services, including rate, scope, shift length, cancellation and termination, subject to the standard Platform terms in clause 7.
5.2 The Account Holder is responsible for: agreeing the scope of Care Services with the Carer; agreeing and updating any care plan; providing a safe working environment; managing health and safety risks in the home; and giving the Carer reasonable day-to-day direction.
5.3 The Carer is not an employee, worker or agent of Hibant. Any dispute about Care Services is a dispute between the Account Holder and the Carer. Hibant may (but is not obliged to) provide information or facilitate communication to help resolve disputes, except where a safeguarding concern exists, in which case clause 9 applies.
6. FEES AND PAYMENT
6.1 No fee is payable by the Account Holder to Hibant. Registering, searching, messaging and booking through the Platform is free to Account Holders.
6.2 Payment for Care Services. The Account Holder will pay the Carer the hourly, daily, weekly or session rate agreed with that Carer for the Care Services. Payment is collected in advance through the Platform's Payment System. The amount charged to the Account Holder's payment method is the agreed rate, in full, and is held until the Booking is completed.
6.3 Platform Fee. Hibant recovers its Platform Fee from the Carer's share of the payment after the Booking completes. The Platform Fee is paid for ongoing Platform services (identity verification, profile hosting, communication, payments infrastructure, support, safeguarding, and access to the introduction service). It is not a fee for the Care Services themselves, which are contracted directly between the Account Holder and the Carer.
6.4 Refunds, disputes and chargebacks relating to the Care Services themselves are matters between the Account Holder and the Carer. Hibant may, in its reasonable discretion, pause, withhold or reverse a payment pending investigation of a bona fide dispute or safeguarding concern.
6.5 Cash and off-Platform payment. The Account Holder must not pay, or arrange to pay, a Carer for Care Services outside the Platform (save for valid expenses under clause 6.6). Any cash or off-Platform payment will (i) void any Hibant-provided insurance benefit, (ii) likely void the Carer's insurance, and (iii) trigger the Off-Platform Fee under clause 11.
6.6 Expenses. The Account Holder agrees to reimburse the Carer for expenses incurred during a Booking at the request of the Client or the Account Holder, including mileage (charged at HMRC's published rate, currently £0.45 per mile for the first 10,000 miles and £0.25 per mile thereafter), reasonable car parking charges, and reasonable shopping costs. These expenses are added to the Booking invoice and reimbursed via the Platform to the Carer.
6.7 The Account Holder authorises Hibant to use the Payment System to debit the registered payment method for each Booking.
6.8 Late payment. Where Hibant invoices the Account Holder separately (for example, for an Off-Platform Fee or other charge under this Agreement), invoices are payable within 14 days. Late invoices attract a charge of £10 plus VAT (for invoices up to £200) or 5% plus VAT (for invoices over £200), repeating every 5 days unpaid.
7. CANCELLATIONS
7.1 Standard cancellation terms. Unless otherwise agreed between the Account Holder and the Carer in the Service Agreement, the following Platform-standard notice periods apply:
(a) Single visit: at least 2 working days' notice. Cancellations within this period may be charged at the full hourly rate at the Carer's discretion.
(b) Cancellation of an ongoing care arrangement, Live-in Care or Live-in Respite after the first Session has begun: at least 2 weeks' notice. Cancellations or material modifications within this period may be charged at the full rate at the Carer's discretion. Pre-start cancellations are governed by clause 7.1(d) below.
(c) Cap on cancellation charges. In no event shall a cancellation charge under this clause exceed the total fees the Account Holder would have paid for the unfulfilled portion of the original Booking. Where the original Booking is shorter than the standard notice period (for example a 2-week Live-in Placement), the notice period is read as "the remainder of the Booking".
(d) Pre-start cancellation. Where the Account Holder cancels a Booking for an ongoing care arrangement, Live-in Care or Live-in Respite before the first scheduled Session, the cancellation charge is: (i) no charge if the cancellation is made more than 48 hours before the first scheduled Session; (ii) 25% of the reference base if the cancellation is made within 48 hours of the first scheduled Session. The reference base is (A) the total Placement Fee for a Live-in or Respite Booking with a defined duration, or (B) two weeks of the agreed fees for an open-ended ongoing care arrangement. Charges are split between Hibant and the Carer per the standard commission structure (90% Carer, 10% Hibant).
(e) Live-in trial period. The first 48 hours of any Live-in Booking are a trial period. If the Account Holder cancels within the trial period because the placement is not working out, the cancellation charge is limited to (i) the days actually worked at the agreed daily rate, plus (ii) reasonable Carer travel costs. Cancellations during the trial period do not trigger the standard notice period charges in clause 7.1(b).
7.2 Pre-start material amendments. Once a Carer has been introduced to the Account Holder, any material amendment to the Booking before the first scheduled Session (including changes to start date, hours, or Carer selection, but excluding cancellations, which are governed by clause 7.1(d)) will be subject to a one-off administration charge of £50, payable by the Account Holder to Hibant within 5 working days of the original start date. Hibant may waive this charge in cases of genuine hardship or where the change is at Hibant's request.
7.3 Refunds. Hibant does not provide refunds on behalf of Carers for cancellations within the notice period in clause 7.1. Any refund agreed between the Account Holder and the Carer after the payment has been released to the Carer is a matter between them; Hibant's Platform Fee will not be returned once payment has been released to the Carer.
7.4 Consumer rights. Nothing in this Agreement affects the Account Holder's statutory rights as a consumer, including any right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 where applicable.
8. ACCOUNT HOLDER OBLIGATIONS
8.1 The Account Holder agrees:
(a) to treat every Carer with respect, with dignity, and without discrimination on any ground protected by the Equality Act 2010;
(b) to provide the Carer with a safe working environment, including reasonable rest breaks and appropriate workplace conditions;
(c) in the case of a Live-in Placement, to provide the accommodation, food arrangement, travel reimbursement, rest entitlements and other Live-in-specific obligations set out in clause 5 of the Service Agreement between the Account Holder and the Carer;
(d) not to require any Carer to provide more than 10 hours of active Care Services in any 24-hour period; if a higher level of active support is required, to disclose this at enquiry so that additional Carers can be introduced;
(e) not to request that a Carer perform any service outside the lawful scope of personal care or support, or any task the Carer is not insured or trained to perform (including heavy lifting, moving furniture, or other labour outside light household tasks);
(f) not to pay, or arrange to pay, a Carer for Care Services introduced through the Platform outside of the Platform (see clauses 6.5 and 11);
(g) not to post any content on the Platform that is unlawful, defamatory, harassing, offensive, crude, or in breach of third-party rights;
(h) not to scrape, reverse-engineer or interfere with the Platform; and
(i) to report to Hibant promptly any safeguarding concern, serious incident or suspected abuse.
9. SAFEGUARDING
9.1 Hibant takes safeguarding seriously. If the Account Holder has concerns that a Client, a Carer or a third party is at risk of harm, abuse or neglect, the Account Holder should (i) contact the emergency services if urgent, (ii) contact their local authority's adult safeguarding team under section 42 of the Care Act 2014, and (iii) notify Hibant at hello@hibantcare.com.
9.2 Hibant will cooperate with relevant authorities and may, in its reasonable discretion, suspend, restrict or terminate a Carer's or an Account Holder's access to the Platform where a credible safeguarding concern has been raised.
9.3 Hibant reserves the right to inform other Account Holders or Carers of any allegation, complaint or investigation where Hibant reasonably considers this necessary to protect Clients or to discharge safeguarding duties.
10. DATA PROTECTION
10.1 Hibant is the controller of personal data processed about the Account Holder and the Client for the purposes of operating the Platform (onboarding, verification, messaging metadata, Bookings, payments, analytics, safeguarding and compliance). Hibant's processing is described in the Hibant Privacy Notice at hibantcare.com/privacy.html, which forms part of this Agreement.
10.2 The Carer is a separate controller in relation to personal data (including health and care-record data) generated by the Carer in the course of delivering Care Services. Hibant is not a controller of that care-record data and does not routinely access it.
10.3 Where required by law, lawful bases under Article 6 and Article 9 of the UK GDPR are identified in the Privacy Notice. Health data is processed as necessary for the provision of health or social care under Schedule 1, Part 1 of the Data Protection Act 2018, or on the basis of explicit consent.
10.4 The Account Holder must not use personal data obtained through the Platform for any purpose other than engaging the Carer concerned.
11. NON-CIRCUMVENTION AND OFF-PLATFORM FEE
11.1 The Account Holder acknowledges that Hibant invests significantly in identifying, vetting, onboarding and introducing Carers, and that its business model depends on Platform Fee revenue from Bookings made through the Platform.
11.2 For a period of twelve (12) months from the date on which the Account Holder first books (or attempts to book, or messages with the intention of booking) a particular Carer through the Platform, the Account Holder will not:
(a) knowingly contract with, engage, or pay that Carer for Care Services outside the Platform, whether directly, as a direct employee, as a self-employed contractor, through a limited company or LLP, or otherwise;
(b) introduce that Carer to a third party so as to facilitate a direct engagement outside the Platform with intent to avoid the Platform Fee; or
(c) encourage or induce that Carer to leave the Platform or to cease using Hibant's services.
11.3 Clause 11.2 does not apply if the Account Holder already had a prior, documented relationship with that Carer independent of and before their use of the Platform.
11.4 If the Account Holder breaches clause 11.2, the Account Holder will pay Hibant, on demand, the Off-Platform Fee equal to the greater of: (a) £1,500 plus VAT per Carer; or (b) 30% of the value of the Off-Platform Engagement for the first twelve (12) months. The Off-Platform Fee is payable within 5 working days of Hibant notifying the Account Holder of the breach. The parties agree this figure is a genuine pre-estimate of Hibant's loss (foregone Platform Fees plus amortised vetting and onboarding costs) and is not a penalty.
11.5 Reasonable administration costs. The Off-Platform Fee is additional to Hibant's reasonable administration costs of identifying, recovering and enforcing the fee, which the Account Holder also agrees to pay on demand.
11.6 Notification obligation. The Account Holder agrees to notify Hibant immediately of any approach by a Carer suggesting an Off-Platform Engagement.
11.7 To the extent any part of this clause is unenforceable, the remainder shall stand severed under the principle in Tillman v Egon Zehnder Ltd [2019] UKSC 32. Hibant may, in addition to the Off-Platform Fee or instead of it (where actual loss is greater), seek damages, injunctive relief or other remedies.
12. LIABILITY
12.1 Nothing in this Agreement excludes or limits Hibant's liability for: (i) death or personal injury caused by Hibant's negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by sections 49, 51 and 52 of the Consumer Rights Act 2015; or (iv) any other liability that cannot lawfully be excluded or limited. The Account Holder's statutory rights as a consumer are not affected by this Agreement.
12.2 Subject to clause 12.1, Hibant is not liable to the Account Holder for:
(a) any act, omission, default, breach or negligence of any Carer, who is a self-employed contractor and not an employee or agent of Hibant;
(b) the quality, safety, timeliness, completeness or suitability of any Care Services;
(c) any claim arising out of the employment status of a Carer engaged by the Account Holder (including any tax, NICs, holiday pay, minimum wage, unfair dismissal, or redundancy claim brought by or on behalf of a Carer against the Account Holder);
(d) any controversy, loss, injury, accident, claim or damage arising out of an Off-Platform Engagement; or
(e) indirect or consequential loss, or loss of profit, opportunity, goodwill or data.
12.3 Subject to clause 12.1, Hibant's total aggregate liability to the Account Holder under or in connection with this Agreement is limited to the greater of (i) £1,000 or (ii) the sum of Platform Fees Hibant has received from Carers in respect of Bookings for the Account Holder in the twelve months immediately preceding the event giving rise to the claim.
12.4 Goodwill insurance layer. Hibant maintains public liability insurance covering accidental damage by a Carer to the Account Holder's or Client's property, subject to the terms of the policy. Details are published on the Platform. This is provided as a goodwill layer; it does not vary the primary responsibility of the Carer's own self-employed insurance, and is not a guarantee of payout.
13. TERMINATION
13.1 The Account Holder may close their Account and terminate this Agreement at any time, on written notice to Hibant or via the Platform's account-deletion function. Termination does not affect accrued rights or obligations, including ongoing Bookings.
13.2 Hibant may terminate this Agreement or suspend the Account Holder's Account on not less than 14 days' written notice for convenience.
13.3 Hibant may terminate or suspend the Account Holder's Account immediately on written notice for material breach of this Agreement (including any breach of clauses 8 or 11), safeguarding concern, suspected fraud, non-payment, or insolvency.
13.4 Clauses 2, 6, 10, 11, 12, 14 and 15 survive termination.
14. COMPLAINTS
14.1 Complaints about Hibant's Platform should be sent to hello@hibantcare.com. Hibant will acknowledge within 5 business days and respond substantively within 20 business days.
14.2 Complaints about Care Services are matters between the Account Holder and the Carer in the first instance. Hibant will where reasonable assist in facilitating communication.
14.3 The Account Holder retains the right to refer any consumer dispute to an Alternative Dispute Resolution scheme as may be available and to the courts.
15. GENERAL
15.1 Entire agreement. This Agreement, together with the Privacy Notice and the Hibant Acceptable Use Policy, is the entire agreement between the parties regarding the Platform. Nothing in this clause limits liability for fraudulent misrepresentation.
15.2 Variation. Hibant may amend this Agreement from time to time on not less than 14 days' notice by email or via the Platform. If the Account Holder does not agree, their sole remedy is to close their Account before the changes take effect.
15.3 Assignment. The Account Holder may not assign this Agreement. Hibant may assign or novate to a group company or successor.
15.4 Severance. If any term is unenforceable, the remainder stands.
15.5 Third-party rights. A person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce this Agreement.
15.6 Notices. Notices to Hibant: hello@hibantcare.com or 020 7870 1352. Notices to the Account Holder: the address or email on the Account.
15.7 Force majeure. Hibant is not liable for failure caused by events outside its reasonable control.
15.8 Governing law and jurisdiction. This Agreement is governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, save that consumers resident in Scotland or Northern Ireland may bring proceedings in their local courts in accordance with their statutory rights.
ACCEPTANCE
By clicking "I agree" when registering, or by continuing to use the Platform, the Account Holder acknowledges that they have read, understood and accepted this Agreement.
For and on behalf of HIBANT CARE LTD