First Class Support Policies - Support Staff

1. The Terms and Conditions

The following are the Terms and Conditions (the "Agreement") which govern your terms of service and access and use of our online platform through which Support Services may be facilitated/provided (collectively the "Platform"). This website is owned and operated by First Class Support, located at East Quay House, Sutton Harbour, Plymouth, Devon, PL4 0HX, United Kingdom (admin@firstclass-support.co.uk). 

The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website www.firstclass-support.co.uk, www.firstclass-portal.co.uk, and its related apps.

By engaging in Support Services and/or accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.

When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the "Company").

Important Notice: This agreement is subject to binding arbitration and a class action waiver as detailed in section 7.

2. The Support Worker, Counsellors, Service Users and Support Services

The Platform may be used to connect you with a Service User who you will provide services to either in-person, or through the Platform or by independent media ("Support Services").

We require every Support Worker providing Support Services on and off the Platform to be fully registered by the Company, trained or willing to undergo training, and/or experienced in their designated role. Support Workers, where applicable, must have a relevant academic degree in their field, at least 1 year experience, and qualified and credentialed by their respective professional body after successfully completing the necessary education, exams, training, and practice requirements as applicable. All Support Workers providing DSA funded support are required to adhere to the mandatory criteria stipulated by the Department for Education.

We require every counsellor providing Support Services on and off the Platform to be a registered, trained, and experienced counsellor, psychologist, psychiatrist, social worker, or other recognised therapist. Counsellors must have a relevant academic degree in their field, at least 1 year experience, and have to be qualified and credentialed by their respective by a professional body after successfully completing the necessary education, exams, training, and practice requirements as applicable.

Support Workers and Counsellors are independent providers who are neither our employees nor agents nor representatives. The Company's role is limited to enabling Support Services. Support Workers and Counsellors themselves are responsible for their own performance of Support Services. If you feel the Service User assigned to you by the Company does not fit with your working practices or expectations, you must notify the Company immediately. You may request that the Company assigns you a different Service User, as can a Service User request a new Support Worker or Counsellor be provided by the Company.

While we trust the Support Services provided by Support Workers and Counsellors are beneficial to the Service User, you understand, agree and acknowledge that this may not be the appropriate solution for all the needs of the Service User, and that they may not be appropriate for every particular situation and/or a substitute for other specific learning, physical and/or psychological support needs, that might require other therapeutic services beyond what the Company and Platform can deliver.

If a Service User expresses that they are thinking about suicide or if they are considering harming themself, or others, or if you feel that any other person may be in any danger, or if you perceive any medical emergency, you must immediately call the emergency services number on 999 and notify the relevant authorities and the Company.

The Support Service and Platform is not intended for the provision of any type of learning or clinical diagnosis. The Service User should not need or attempt to request any official documentation or approval for such purposes from any Support Woker or Counsellor, or the Company.

The Platform and Support Services are also not intended for any information regarding which drugs or medical treatment may be appropriate relative to any needs, and you should disregard any such request if requested through the Support Services or Platform. You must inform the Company should you feel the Service User is requesting any information, advice or services outside of what you are assigned to deliver.

Do not suggest or encourage Service Users to disregard, avoid, or delay in obtaining in-person advice or medical services from their doctor or any other qualified professional.

3. Complaints Policy

First class support is committed to providing an efficient Support Service to you. If there is an occasion where we will fall below our own high standards, you must notify us immediately by email (admin@firstclass-support.co.uk) so we can commence our complaints procedure.

All complaints should be raised to the Company by email, providing thorough details of the complaint. It is our policy that all complaints are taken seriously and are dealt with in a uniform way. All complaints will be handled in a professional and non-confrontational manner. The complaint will be handled by a dedicated member of the management team that will acknowledge the complaint within (2) two working days by either telephone or email.

A proposed resolution to the complaint will be issued within (10) ten working days. If for any reason there is an unavoidable delay in issuing a response to the complaint, we will advise of a new deadline. All complaints are logged, and the relevant complaint handler can be contacted at any time. Should any dissatisfaction be experienced with the handling of a complaint at any time, the complaint can be escalated to senior management or the company director.

Individuals raising a complaint can ask for the assistance of a third party such as the Citizen’s Advice Bureau, friend, relative or professional legal representative, or if the complaint remains unresolved.

4. Privacy and Security

Protecting and safeguarding any information you provide through the Support Service and Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at www.firstclass-support.co.uk/privacy-policy (The 'Privacy Policy').

By agreeing to this agreement and/or by using the support service and/or platform, you are also agreeing to the terms of the privacy policy. The privacy policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the privacy policy.

5. Data Protection

We may have to collect and use information about people with whom we work. These may include members, current, past and prospective employees, clients, and suppliers.  This personal information must be handled and dealt with properly, however it is collected, recorded and used, and whether it be on paper, in computer records or recorded by any other means, and there are safeguards within the Data Protection Act 1998 to ensure this. We regard the lawful and correct treatment of personal information as very important to our successful operation and to maintaining confidence between us and those with whom we carry out business.  We will ensure that we treat personal information lawfully and correctly. To this end we fully endorse and adhere to the Principles of Data Protection as set out in the Data Protection Act 1998.

The principles of data protection: The Act stipulates that anyone processing personal data must comply with Eight Principles of good practice. These Principles are legally enforceable.

The principles require that personal information: (a) shall be processed fairly and lawfully and in particular, shall not be processed unless specific conditions are met (b) shall be obtained only for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that purpose or those purposes (c) shall be adequate, relevant and not excessive in relation to the purpose or purposes for which it is processed (d) shall be accurate and where necessary, kept up to date. (e) shall not be kept for longer than is necessary for that purpose or those purposes (f) shall be processed in accordance with the rights of data subjects under the Act (g) shall be kept secure i.e. protected by an appropriate degree of security (h) shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of data protection.

The Act provides conditions for the processing of any personal data. It also makes a distinction between personal data and “sensitive” personal data. Personal data is defined as data relating to a living individual who can be identified from (a) that data (b) that data and other information which is in the possession of, or is likely to come into the possession of the data controller and includes an expression of opinion about the individual and any indication of the intentions of the data controller, or any other person in respect of the individual.

Sensitive personal data is defined as personal data consisting of information as to racial or ethnic origin. religion or other beliefs. trade union membership. physical or mental health or condition. sexual life. criminal proceedings or convictions.

Handling of personal/sensitive information we will, through appropriate management and the use of strict criteria and controls (a) observe fully conditions regarding the fair collection and use of personal information (b)  meet our legal obligations to specify the purpose for which information is used (c) collect and process appropriate information and only to the extent that it is needed to fulfil operational needs or to comply with any legal requirements (d) ensure the quality of information used (e) apply strict checks to determine the length of time information is held (f) shall be accurate and where necessary, kept up to date shall not be kept for longer than is necessary for that purpose or those purposes (g) shall be processed in accordance with the rights of data subjects under the Act. (h) shall be kept secure i.e. protected by an appropriate degree of security.

In addition, we will ensure that (a) everyone managing and handling personal information understands that they are contractually responsible for following good data protection practice. (b) methods of handling personal information are regularly assessed and evaluated.

All members of staff are to be made fully aware of this policy and of their duties and responsibilities under the Act. All managers and staff must take steps to ensure that personal data is always kept secure against unauthorised or unlawful loss or disclosure and in particular will ensure that (a) paper files and other records or documents containing personal/sensitive data are kept in a secure environment (b) personal data held on computers and computer systems is protected using secure passwords, which where possible have forced changes periodically (c) individual passwords should be such that they are not easily compromised.

All contractors, consultants, partners or Directors must: (a) ensure that they and all of their staff who have access to personal data held or processed for or on behalf of us, are aware of this policy and are fully aware of their duties and responsibilities under the Act ( b)  allow data protection audits by us of data held on our behalf, if requested (c) indemnify us against any prosecutions, claims, proceedings, actions or payments of compensation or damages, without limitation.

All contractors who are users of personal information supplied by us will be required to confirm that they will abide by the requirements of the Act regarding information supplied by us.  The Data Protection Act requires every data controller, to notify and renew their notification, on an annual basis. Failure to do so is a criminal offence.

6. Intellectual Property

The Platform, the website www.firstclass-support.co.uk, www.firstclass-portal.co.uk and its related apps ("First Class Support Intellectual Property") and all rights, title, and interest, including all related intellectual property rights therein are owned by the Company, subsidiaries, or other providers of such material. This Agreement is not a sale or a condition of employment beyond what is stipulated herein of the deemed Support Services, and it does not convey or grant you any rights in or related to the methodology of Support Services and/or Platform, or any intellectual property rights owned by First Class Support.

"First Class Support", "www.firstclass-support.co.uk”, “www.firstclass-portal.co.uk", and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or subsidiaries. You must not use or replicate trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform and the website are the trademarks of their respective owners.

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (a) access and use the Platform solely in connection with your use of the Support Services on your personal devices; and (b) access and use any content, information and related materials that may be made available through the Support Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company and its licensors.

7. Third Party Content

The Platform may contain other content, products or services which are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third-Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third-Party Content.

8. Confidentiality

You must always be aware of the confidentiality of information gained during your duties, which may include access to personal information relating to clients and members of staff.  It is expected that you understand the importance of treating information in a discreet and confidential manner, and draw your attention to (a) all documentary or other material including any downloaded data onto a laptop or PC, USB drive or any other storage device containing confidential information must be kept securely at all times when not being used by a member of staff and must be returned to us at the time of termination of your employment with us, or at any other time upon demand (b) Information regarding the business and clients must not be disclosed either orally or in writing to unauthorised persons.  It is particularly important that you should ensure the authenticity of telephone enquiries using the procedures we have in place which have been notified to you separately (c) Conversations relating to confidential matters affecting the business, employees and clients should not take place in situations where they can be overheard (i.e. in corridors, reception areas, lifts, etc).

You are reminded that all information that (a) is or has been acquired by you during, or in the course of your employment, or has otherwise been acquired by you in confidence  (b) relates particularly to our business, or that of other persons or bodies with whom we have dealings of any sort and (c) has not been made public by, or with our authority shall be confidential, and (save in the course of our business or as required by law) you shall not at any time, whether before or after the termination of your employment, disclose such information to any person without our prior written consent.

You are to exercise reasonable care to keep safe all documentary or other material containing confidential information and shall at the time of termination of your employment with us, or at any other time upon demand, return to us any such material in your possession.

Any breach of confidentiality may be regarded as misconduct/gross misconduct and be the subject of serious disciplinary action which may result in your dismissal.

The importance of confidentiality cannot be stressed too much, and it is always important that it be borne in mind.

The restriction shall continue to apply after the termination of employment without limit in point of time but shall cease to apply to information ordered to be disclosed by a Court of competent jurisdiction or otherwise required to be disclosed by law.

For the purposes of clarity, you shall not at any time (save as required by law) before or after the termination of your employment, disclose such information to any person without our prior written consent.

9. Equality & Diversity

We are an equal opportunities employer. We are committed to equality of opportunity and to providing a service and following practices which are free from unfair and unlawful discrimination. The aim of this policy is to ensure that no applicant or member of staff receives less favourable treatment on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation, or is disadvantaged by conditions or requirements which cannot be shown to be relevant to performance. It seeks also to ensure that no person is victimised or subjected to any form of bullying or harassment.

We value people as individuals with diverse opinions, cultures, lifestyles and circumstances. All employees are covered by this policy, and it applies to all areas of employment including recruitment, selection, training, deployment, career development, and promotion. These areas are monitored, and policies and practices are amended if necessary to ensure that no unfair or unlawful discrimination, intentional, unintentional, direct or indirect, overt or latent exists.

The Director has particular responsibility for implementing and monitoring the Equality and Diversity in Employment Policy and, as part of this process, all personnel policies and procedures are administered with the objective of promoting equality of opportunity and eliminating unfair or unlawful discrimination.

All employees, workers or self-employed contractors whether part time, full time or temporary, will be treated fairly and with respect. Selection for employment, promotion, training, or any other benefit will be on the basis of aptitude and ability.  All employees will be helped and encouraged to develop their full potential, and the talents and resources of the workforce will be fully utilised to maximise the efficiency of the Company.

Equality of opportunity, valuing diversity and compliance with the law is to the benefit of all individuals in our Company as it seeks to develop the skills and abilities of its people. While specific responsibility for eliminating discrimination and providing equality of opportunity lies with managers and supervisors, individuals at all levels have a responsibility to treat others with dignity and respect. The personal commitment of every employee to this policy and application of its principles are essential to eliminate discrimination and provide equality throughout the Company.

Our commitment as an employer: To create an environment in which individual differences and the contributions of our staff are recognised and valued. Every employee, worker or self-employed contractor is entitled to a working environment that promotes dignity and respect to all.  No form of intimidation, bullying or harassment will be tolerated. Training, development and progression opportunities are available to all staff. Equality in the workplace is good management practice and makes sound business sense. We will review all our employment practices and procedures to ensure fairness.

Our commitment as a service provider: We aim to provide services to which all clients are entitled regardless of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation, offending past, caring responsibilities or social class.

We will make sure that our services are delivered equitably and meet the diverse needs of our service users and clients by assessing and meeting the diverse needs of our clients. This policy is fully supported by senior management and has been agreed with employee representatives. This policy will be monitored and reviewed annually. We have clear procedures that enable our clients, candidates for jobs and employees to raise a grievance or make a complaint if they feel they have been unfairly treated. Breaches of our equality and diversity policy will be regarded as misconduct and could lead to disciplinary proceedings.

Age: We will, ensure that people of all ages are treated with respect and dignity. We will ensure that people of working age are given equal access to our employment, training, development and promotion opportunities.  We will challenge discriminatory assumptions about younger and older people.

Disability: We will provide any reasonable adjustments to ensure disabled people have access to our services and employment opportunities. We will challenge discriminatory assumptions about disabled people. We will seek to continue to improve access to information by ensuring availability of loop systems, braille facilities, alternative formatting, and sign language interpretation.

Race: We will challenge racism wherever it occurs. We will respond swiftly and sensitively to racists incidents. We will actively promote race equality in the Company.

Gender: We will challenge discriminatory assumptions about men, women, transgender and non-binary individuals. We will take positive action to redress the negative effects of discrimination. We will offer equal access to representation, services, employment, training and pay and encourage other organisations to do the same. We will provide support to prevent discrimination against transsexual people who have or who are about to undergo gender reassignment.

Sexual orientation: We will ensure that we take account of the needs of lesbians and gay men. We will promote positive images of lesbians, gay men and bisexuals.

Religion or belief: We will: ensure that employees’ religion or beliefs and related observances are respected and accommodated wherever possible. We will respect people’s beliefs where the expression of those beliefs does not impinge on the legitimate rights of others.

Pregnancy or maternity: We will ensure that employees’ religion or beliefs and related observances are respected and accommodated wherever possible. We will respect people’s beliefs where the expression of those beliefs does not impinge on the legitimate rights of others.

Marriage or civil partnership: We will ensure that people are treated with respect and dignity and that a positive image is promoted regardless of marriage or civil partnership. We will challenge discriminatory assumptions about the marriage or civil partnership of our employees. We will ensure that no individual is disadvantaged and that we take account of the needs of our employees’ marriage or civil partnership.

Ex-offenders: We will prevent discrimination against our employees regardless of their offending background (except where there is a known risk to children or vulnerable adults).

Equal pay: We will ensure that all employees, male or female, have the right to the same contractual pay and benefits for carrying out the same work, work rated as equivalent work or work of equal value.

10. Safeguarding

The Disclosure and Barring scheme is designed to give greater protection to vulnerable groups. As provider of Support Services, we are obliged to check that potential Support Workers and/or Counsellors are not on the Barred List before allowing them to work for us. We are unable to assign work or employ anyone in a support capacity who is on this list. We also have a duty to refer any worker to the Disclosure and Barring Service where we suspect any case of harm or abuse. The Barred Lists are now managed by the Disclosure and Barring Service.

The Disclosure and Barring scheme is designed to give greater protection to vulnerable groups. As a provider of Support Services, we are obliged to check that potential new workers are not on the Barred List before allowing them to work for us. We are unable to employ anyone in a support capacity who is on this list. We also have a duty to refer any worker to the Disclosure and Barring Service where we suspect any case of harm or abuse. The Barred Lists are now managed by the Disclosure and Barring Service.

All Support Workers and Counsellors and/or volunteers working on behalf of First Class Support have a duty to promote the welfare and safety of vulnerable adults. Support staff and/or volunteers may receive disclosures of abuse and observe vulnerable adults who are at risk. This policy will enable support staff/volunteers to make informed and confident responses to specific adult protection issues.

It is important that vulnerable adults are protected from abuse. All complaints, allegations or suspicions must be taken seriously. This procedure must be followed whenever an allegation of abuse is made or when there is a suspicion that a vulnerable adult has been abused.

Promises of confidentiality must not be given as this may conflict with the need to ensure the safety and welfare of the individual.

A full record shall be made as soon as possible of the nature of the allegation and any other relevant information. This must include information in relation to the date, the time, the place where the alleged abuse happened, your name and the names of others present, the name of the complainant and, where different, the name of the adult who has allegedly been abused, the nature of the alleged abuse, a description of any injuries observed, the account which has been given of the allegation.

Any suspicion, allegation or incident of abuse must be reported to the Designated Adult Protection Lead or Senior Manager on that working day where possible.

The nominated member of staff shall telephone and report the matter to the appropriate body/agency. A written record of the date and time of the report shall be made, and the report must include the name and position of the person to whom the matter is reported. The telephone report must be confirmed in writing to the relevant local authority adult social services department within 24 hours.

The role of the designated officer is to deal with all instances involving adult protection that arise within the organisation, including organisations/institutions where the Company’s personnel and sub-contractors conduct employment activities. They will respond to all vulnerable adult protection concerns and enquiries.

The designated Vulnerable Adult Protection Lead for the organisation is Jake Cooper and Benjamin Wile. Should you have any suspicions or concerns relating to Adult Protection, contact the Company immediately.

Training will be provided, as appropriate, to ensure that staff are aware of these procedures. Specialist training will be recommended/provided for the member of staff with vulnerable adult protection responsibilities.

11. Loan Working

The Company will avoid the need for Support Workers and Counsellors to work alone when reasonably practicable. Where lone working is necessary, the Company will take all reasonable steps to ensure the health and safety of all support staff working alone. The Company will ensure that a risk assessment is conducted and that arrangements are in place prior to support staff working alone.

The Company will ensure that lone working is avoided as far as is reasonably practicable. We will ensure that emergency procedures are in place so that members of staff working alone can obtain assistance if required. We will ensure a risk assessment is completed by a person competent to do so prior to support staff working alone. We will ensure that any support staff working alone can undertake the work alone. We will ensure that arrangements are in place so that someone else is always aware of a lone worker’s whereabouts. We will ensure that persons working alone are provided with adequate information, instruction and training to understand the hazards and risks and the safe working procedures associated with working alone.

The Support Worker and Counsellor will follow all advice regarding safe working arrangements given by the Company for lone working. The Support Worker and Counsellor will take reasonable steps to ensure their own safety. The Support Worker and Counsellor inform the Company of any incidents or safety concerns immediately. 

12. Your Account, Representations, Conduct and Commitments

You hereby confirm that you are legally able to conduct the Support Services assigned to you by the Company as intended and agreed.

You hereby confirm and agree that all information you provided during any recruitment process, and in or outside of the Platform, and any information you will provide in the future, is accurate, true, current and complete. Furthermore, you agree that during your contractual assignments to provide Support Services you will contact the Company immediately to inform us of any changes so we can maintain and update your personal information so it will continue to be accurate, true, current and complete.

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password and to not provide anyone with your access credentials.

You agree to notify us immediately of any unauthorised use of your Account Access or any other concern for breach of your account security.

You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorised by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use the account or Account Access of any other person for any reason.

You agree and confirm that your use of the Platform is only for purposes strictly relating to the assigned Support Services provided by First Class Support. You furthermore agree that you will not access or use the Platform or share information of our Support Services with any other person or organisation during or after your contractual employment with the Company.

You agree and commit not to interfere with or disrupt any of our systems, services, servers, networks, or infrastructure, or any of the Platform's systems, services, servers, networks, or infrastructure, including without limitation obtaining unauthorised access to any of the aforementioned.

You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

You agree and commit not to violate any applicable national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with Support Workers and/or Counsellors, Service Users, and the Company.

If you receive any file from us or from a Support Worker or Counsellor, Service User or the Company whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable legal fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement (d) non-payment for any of the Support Services which were provided through the Platform as aforementioned (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

You agree to only add genuine sessions of Support Services that you have provided on the Platform, and only request authentication of genuine sessions once they have occurred and that you are satisfied have been delivered in accordance with the genuine nature of the assignment, and which are within the boundaries of any such assignment.

You agree to refund or compensate any Support Services that you have delivered that have been challenged and/or identified as being outside of the assignment of the Support Services, and/or have been deemed of an unsatisfactory quality by either the Company and/or the Service User.

You agree not to encourage, facilitate, or accept any direct payments, or receive any other means of reward, from Service Users assigned to you by the Company for any Support Services provided, which have been assigned by the Company or independently delivered. Specifically, you agree not to market your independent services to Service Users who have been assigned to you by the Company or accept any method of renumeration outside of what has been agreed by the Company.

You agree to provide all data, hardcopy and/or digital, in the event of any internal/external audit or complaint that has been made, to facilitate any investigation of quality and/or conduct.

You agree to only communicate with Service Users using the unique email address provided to you by the Company, if applicable. You understand that the Company may access and/or review information exchanged between you and any recipient(s) using any email account or Platform provided to you by First Class Support.

13. Cancellation of Scheduled Support

As a general rule Support Services will only be charged by the Company to the Service User if you have engaged in the Support Service assigned by the company and have met within the Service User either in-person or remotely.

If a Service User is unable to attend scheduled Support Services, or an individual session, due to illness or other reason, a cancellation charge may be made against the Service User if less than 24 hours’ notice is given. Expressively, when scheduled Support Services result in a no-show or notification of intended cancellation within the 24 hour period before a scheduled session or scheduled Support Services, the Company may continue to charge the Service User in full and/or have agreed support hours deducted from any pre-paid funds or funding body support allowance.

Where applicable, all missed sessions will be carefully considered by the Company and specifically DSA funding bodies, and where more than two sessions have been missed per quarter, Support Services and/or funding may be suspended.

14. Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all Support Workers, Service Users, or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform's reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

15. Export Controls and Sanctions

First Class Support products and services may be subject to export and re-export control laws and regulations or similar laws. You agree to comply with all applicable export and reexport control laws and regulations. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from First Class Support under these Terms to any destination, entity, or person.

16. Notices

We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online.

17. Important Notes about our Agreement

This agreement acts in unison with any contractual obligations you may have signed between you and the company. You confirm that you have not relied upon any promises or representations by us except as set forth in this agreement or any formal contract signed by you.

We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.

We may freely transfer or assign this Agreement or any of its obligations hereunder.

The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

To clear any doubt, all clauses regarding arbitration, limitations of liabilities, and indemnification shall survive the termination or expiration of this Agreement.

Last updated: Monday 3 June 2024