Terms & Conditions - Hourly Care
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Agreement: the agreement between us and you for the provision of the Services, comprised of the Care Plan, the Care Agreement Letter, these Terms and any variations agreed in accordance with clause 3.3;
Carer: any of our employees who provides the Services to you. A reference to "her" or "she" in relation to the Carer shall be read as "his", "him" or "he" where appropriate;
Care Plan: the care plan, assessment of care needs and risk assessments which have been signed by you or on your behalf;
Event Outside Our Control: means any act or event beyond our reasonable control;
GDPR: means the General Protection Regulation EU 2016/679;
Hourly Rate: the hourly rate for the provision of the Services, as set out in the Summary of Prices;
Hours: the hours during the week when we provide the Services to you, as set out in the Care Plan;
Representative: a person who signs the Care Plan on your behalf, either at your request as your agent or under a power of attorney;
Services: the hourly care services that we are providing to you as set out in the Care Plan;
Summary of Prices: the summary of prices for the provision of the Services provided with the Care Agreement Letter;
Terms: the terms and conditions set out in this document; and
Us, we and our: the local office with which you have entered into the Agreement being Carefound Home Care (Harrogate) Limited, registered in England and Wales with company number 7449703 whose registered office is at Oakwood Park, Bishop Thornton, Harrogate, North Yorkshire, HG3 3JN or Carefound Home Care (Wilmslow) Limited, registered in England and Wales with company number 8809516 whose registered office is at Springfield House, Water Lane, Wilmslow, Cheshire, SK9 5BG, each trading as "Carefound Home Care".
1.2. When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
1.3. In the event that a Representative has signed the Care Plan on your behalf, references to "you" in the Agreement will include a reference to that Representative where the context requires.
2. Our Agreement with you
2.1. These are the terms and conditions on which we supply the Services to you. Please ensure that you read these Terms carefully, and check that the details in the Care Plan and in these Terms are complete and accurate, before you sign the Care Agreement Letter. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
2.2. These Terms will become binding on you and us, and the Agreement will come into existence, when you sign the Care Agreement Letter, the Care Plan or we begin to provide the Services to you, whichever is the earlier.
2.3. The Agreement constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the Care Plan or these Terms. Any descriptive matter or advertising contained in our catalogues or brochures or on our website are produced for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Agreement or have any contractual force.
2.4. If any of these Terms conflict with any term of the Care Plan, the Care Plan will take priority.
3. Changes to Terms and Care Plan
3.1. We may revise these Terms from time to time where there have been:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements.
3.2. If we have to revise these Terms under clause 3.1, we will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the Agreement in accordance with clause 10.
3.3. If your circumstances or your requirements for the Services change, we will agree with you in writing any changes to the Agreement (such as the nature and the price of the Services), and those changes will come into effect from the date we both sign the document setting out those changes.
4. Providing the Services
4.1. We will supply the Services to you during the Hours, from the commencement date set out in the Care Agreement Letter until the end date set out in the Care Agreement Letter or, if no end date is set out, until the Agreement is terminated in accordance with these Terms.
4.2. We will need certain information from you that is necessary for us to provide the Services, for example, information about any medication you take. We will discuss this with you and record it in writing. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause 4.2, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for Services already carried out.
4.3. If you do not pay us for the Services when you are supposed to as set out in clause 7.1, we may suspend the Services with immediate effect until you have paid us the outstanding amounts (except where you dispute an invoice under clause 7.4). We will contact you to tell you if we suspend the Services. This does not affect our right to charge you interest under clause 7.3.
4.4. Your Carer and other members of our staff are able to perform Cardiopulmonary Resuscitation (CPR) only under the direct guidance of the emergency services and provided that the member of staff feels comfortable and confident to do so.
5. If there is a problem with the Services
5.1. In the unlikely event that there is any problem with the Services or with your Carer:
(a) please contact us and tell us as soon as reasonably possible;
(b) please give us a reasonable opportunity to remedy any problem.
5.2. If we cannot remedy a problem with your Carer to your reasonable satisfaction, we will replace the Carer as soon as reasonably possible after you ask us to do so. However, you will remain responsible for payment for the Services provided by that Carer before she is replaced, and the Services provided by the replacement Carer.
5.3. If you are not satisfied with our remedy to your problem with the Services or your Carer, you can make a complaint through our complaints procedure. We will give you a copy of our complaints procedure when you sign the Agreement, or you can request a copy from us at any time.
5.4. As a consumer, you have legal rights if the Services are not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. Price and payment
6.1. The price per hour of the Services is the Hourly Rate.
6.2. We reserve the right, from time to time, to increase the Hourly Rate. We will give you written notice of any increase at least one month before the proposed date of the increase. If the increase is not acceptable to you, you must notify us in writing within two weeks of the date of our notice. After we receive your notice, we will have the right to terminate the Agreement by giving you two weeks' written notice. If we don't terminate the Agreement under this clause, the previous prices will continue to apply and the proposed increase will not take effect.
6.3. Our prices include VAT. However, if the rate of VAT changes we will adjust the rate of VAT that you pay, although the previous rate of VAT will apply to Services provided before the change in the rate of VAT takes effect.
6.4. We cannot give you advice on personal finances. Information on assistance with paying for the Services is available from your Local Authority, your local Citizens Advice Bureau or the Money Advice Service.
7. Invoices and payment
7.1. Except as set out in clause 7.2, we will invoice you for the Services 4-weekly in arrears. You must pay each invoice, in cleared monies, within 14 calendar days of the date of the invoice, by Direct Debit, by bank transfer, by card over the phone or by cheque if we have agreed with you that you can pay that way.
7.2. If we will be providing the Services to you for four weeks or less, we will invoice you in advance and that invoice will include a short-term care assessment fee (which is indicated in the Summary of Prices). You must pay that invoice in cleared monies before we will begin to carry out the Services. You can pay an invoice under this clause 7.2 by bank transfer, by card over the phone or by cheque.
7.3. If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 7% a year above the base lending rate of Barclays Bank Plc from time to time. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. We reserve the right to charge you for our reasonable costs incurred in enforcing payment of any overdue amount.
7.4. If you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 7.3 will not apply for the period of the dispute.
8. The Carer
8.1. We are legally required to supervise the Carer during the provision of the Services to you. In order that we can do so, you agree that our care management team may visit your home to supervise the Carer.
8.2. We will ensure that a Disclosure and Barring Service enhanced check is carried out on the Carer before provision of the Services to you begins.
8.3. The Carer may require the use of your home telephone in order to operate our telephone logging system upon entering and leaving your home. This will comprise a short free-phone telephone call and is used to help ensure the safety of you and the Carer.
8.4. The Carer is not permitted to use your telephone or internet connection, except to operate our telephone logging system, at your request or in the event of an emergency. If you ask the Carer to use your telephone or internet connection, or she has to use them in an emergency, we will not be responsible for any costs incurred.
8.5. The Carer is not permitted to smoke, take prohibited drugs or drink alcohol while in your home. The Carer is not permitted to accept any gifts, to lend money to you, or to borrow money from you.
8.6. You must treat the Carer with respect and dignity. Any failure to do so may be a breach by you of the Agreement.
8.7. If, during the provision of the Services or for up to 12 weeks after the Services finish, you employ the Carer (or refer the Carer to another company which then employs the Carer), you will pay us an amount equal to 15% of the annual salary that we paid the Carer. We will invoice you for that amount, and set out how we calculated the amount.
9. Our liability to you
9.1. If we fail to comply with the terms of the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you and we entered into the Agreement.
9.2. We will not be liable for any breakages or damage caused by the Carer in your home. You may be able to claim for any such breakages or damage under your household insurance contents policy. However, it is your responsibility to ensure that your household insurance policy will provide you with the cover you expect while the Carer is in your home providing the Services. You will also be responsible for giving clear and adequate instructions for the use of items of electrical equipment in your home.
9.3. We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
10. Your rights to cancel the Agreement and applicable refund
10.1. You have the right to cancel the Agreement within 7 days without giving any reason. The cancellation period ends at the end of 7 days after the day on which you sign the Care Agreement Letter.
10.2. To exercise that right to cancel, you must inform us of your decision to cancel the Agreement by a clear statement, such as a letter sent by post or email.
10.3. If you cancel the Agreement under clause 10.1 and we have already begun carrying out the Services at your request, you will pay us any costs we have reasonably incurred, and these costs will be deducted from any refund that is due to you or, if no refund is due to you, the costs will be invoiced to you. We will tell you what these costs are when you contact us.
10.4. If we begin to provide the Services during the cancellation period at your request, and complete the Services before the end of the expiry period, your right to cancel set out in clause 10.1 will be lost.
10.5. After the cancellation period in clause 10.1 has expired, you may cancel the Agreement at any time by providing us with at least 7 days' notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you. We will invoice you for any Services that we have carried out but you have not paid for (including during the seven-day notice period) in accordance with clause 7.
10.6. You may cancel the Agreement with immediate effect by giving us written notice if:
(a) we breach the Agreement in any material way and we do not correct or fix the situation within 28 days of you asking us to in writing;
(b) we go into liquidation or a receiver or an administrator is appointed over our assets;
(c) we change these Terms under clause 3.1 to your material disadvantage;
(d) we are affected by an Event Outside Our Control.
11. Our rights to cancel the Agreement and applicable refund
11.1. Once we have begun to provide the Services to you, we may cancel the Agreement at any time by providing you with at least 30 days' notice in writing. If you have made any payment in advance for Services that have not been carried out, we will refund these amounts to you.
11.2. We may cancel the Agreement at any time with immediate effect by giving you written notice if:
(a) we perceive a significant risk of harm to the Carer; or
(b) you breach the Agreement in any other material way and, if the breach can be corrected or fixed, you do not correct or fix it within 14 days of us asking you in writing to do so.
11.3. Without prejudice to our other rights and remedies under the Agreement, we are entitled to suspend the Services or terminate the Agreement on seven days' written notice to you if any invoice we have sent to you remains unpaid more than 30 days after the invoice date
12. Events Outside Our Control
12.1. We may have to cancel the Agreement before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel without whom we cannot provide the Services. We will promptly contact you if this happens. If you have made any payment in advance for Services that have not been carried out, we will refund these amounts to you.
12.2. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by an Event Outside Our Control.
12.3. If an Event Outside Our Control takes place that affects the performance of our obligations under the Agreement:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of the Services, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
12.4. You may cancel the Agreement if an Event Outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under clause 10. We may cancel the Agreement by giving you notice in writing if the Event Outside Our Control continues for longer than two weeks.
13. Information about us and how to contact us
13.1. We are made up of two companies registered in England and Wales and you enter into the Agreement with your local office. In Harrogate, our company registration number is 7449703 and our registered office is at Oakwood Park, Bishop Thornton, Harrogate, North Yorkshire, HG3 3JN. In Wilmslow, our company registration number is 8809516 and our registered office is at Springfield House, Water Lane, Wilmslow, Cheshire, SK9 5BG.
13.2. In Harrogate, we are registered with the Care Quality Commission with provider ID number 1-244356856. In Wilmslow, we are registered with the Care Quality Commission with provider ID number 1-3752776650.
13.3. If you have any questions or if you have any complaints, please contact us. You can contact us by telephone in Harrogate on 01423 774070 or in Wilmslow on 01625 326470 or by email to email@example.com.
13.4. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the Agreement), you can send this to us by e-mail, by hand or by pre-paid post using the details set out above. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Agreement.
14. Confidentiality and how we use your personal information
14.2 Please note that any personal information that we may hold about your health and physical or mental wellbeing is classified "special category data" for the purposes of the GDPR. By signing the Agreement you explicitly consent to us processing that special category data.
14.3 We will use your personal information you provide to us only:
(a) to provide the Services;
(b) to process your payment for such Services;
(c) as required under any legislation or code of practice that we are bound by in relation to the provision of the Services;
(d) to enable us to seek feedback about the Services; and
14.5 We are under a duty of confidentiality to Carers, and we can only disclose to you personal information about a Carer (such as their professional references) with the Carer's consent. Any information about a Carer that we disclose to you is confidential and you must not disclose it to anyone else.
15. Other important terms
15.1. We may transfer our rights and obligations under the Agreement to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under the Agreement.
15.2. You may only transfer your rights or your obligations under the Agreement to another person if we agree in writing.
15.3. The Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
15.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5. If we fail to insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6. The Agreement is governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.