Terms & Conditions

The terms and conditions outline the service provided by Complete Care Holdings Ltd and are general. These are dated March 2006.

Terms and Conditions for Clients

Contents

The purpose of this document is to set out the terms and conditions under which Complete Care Holdings Ltd., of 1 Hawksworth Road, Central Park, Telford, Shropshire, (hereinafter referred to as the Provider), will supply Personal Assistance Carer's (hereinafter referred to as the PA), to [Client Name], (hereinafter referred to as the Client), to help enable Him/Her live independently within His/Her own home.

Words and phrases used in this document shall be construed in accordance with an interpretation table specific to each client.

The first 3 months of service provision shall constitute a probationary period. During the 3rd month of this period the provider will carry out a full review of the level of service provision and how these are meeting the care needs of the client. This review will be with the consent and full involvement of all parties. Should it be felt necessary to change the level of care provision or other service arrangements, including financial arrangements, this review period will be used as an opportunity to discuss and agree what these are.

The provider reserves the right to serve notice to terminate care provision at the end of this probationary period if it feels unable to fully meet the service requirements of the client and/or any other parties to this agreement. In such cases the provider will give a minimum notice period of 4 weeks, in writing, to all parties concerned. This will allow a suitable period during which alternative care arrangements can be made. This 4 week period can be shortened or lengthened by mutual agreement between parties, but will not extend beyond the end of the above service agreement period.

All service agreements will form the basis of a binding contract between all parties and are governed by English Law.

4.1 General

The service shall consist of the provision of a comprehensive domiciliary care service by the Provider for the Client in order to assist the Client to carry out both 'practical care tasks' and 'personal care tasks' (defined in paragraphs 4.2 and 4.3 respectively). The provision of the Service to the Client shall normally take place in the Home, but may take place elsewhere to fit in with the Client's day to day routine and lifestyle. However, if the Client wishes to travel or visit a third party involving an overnight stay away from the Home, the continued provision of the Service (without any revision to the Service Charge) shall be subject to the prior approval of the Provider (such approval shall not be unreasonably withheld or delayed). The Client agrees to notify the Provider at the earliest opportunity prior to such an overnight stay.

4.2 Practical care tasks

Shall comprise of assistance with daily living tasks (other than personal care) and domestic cleaning. A sample, but not exhaustive list of Practical Care tasks is given in Appendix 1.

4.3 Personal care tasks

Shall comprise of assistance with the Client's personal care (falling short of qualified nursing care) which if not provided would result in a significant risk of deterioration, in the reasonable opinion of the Provider, in the Client's quality of life. A sample, but not exhaustive list of Personal Care tasks is given in appendix 2.

4.4 Duration of service.

Subject to paragraphs 4.5 and 4.6, the Provider shall provide the Service to the Client throughout the duration of the service agreement, for 7 days a week, 24 hours per day, (unless otherwise specified, when the service will be provided on those days and at those times specified), in accordance with the succeeding provisions of this agreement. Appendix 3 sets out the remuneration to be paid to the Provider for providing the service.

In circumstances where care is introduced gradually over a period of time in order to retain recruited staff it may be necessary to pay staff a retainer. The retainer will be for a maximum of thirty hours a week. A separate contract will be agreed for retainer payments.

4.5 Service not required.

If the Client does not require the Service for any period (i.e. due to a planned absence from the Home for a holiday, hospital stay or other cause) the Client shall give at least 4 weeks notice to the PA and the Provider, whereupon the Service (and the provisions of this agreement) shall be suspended for the duration of the absence. If such notice is not given by the Client to the Provider then paragraph 4.6 shall apply.

4.6 Prolonged absence from home.

If the Client is absent from the Home due to illness, or some other unplanned emergency/occurrence, (or if either the Client fails to give notice of their absence from the home in accordance with paragraph 4.5), this agreement shall remain in force for the first 8 weeks of such absence. Thereafter the provisions of this agreement shall be suspended until the Client returns to the Home to enable the Provider to provide the Service. If the service is suspended under section 4.6 for a period exceeding 3 months, then this agreement shall be treated as terminated and the parties’ obligations to each other shall be treated as discharged without prejudice to any obligations that might have accrued. In the case of such absence and providing no service is supplied by the Provider during such absence the Provider will suspend all charges, upon receiving notification of such absence from the client or their recognised agent.

4.7 Service suspension.

If the Service is suspended under the provisions of paragraph 4.5 or 4.6, the Client shall give the Provider at least 4 weeks notice of their intention to return to the Home and their intentions to re-take up the provisions of this agreement. If such notice is not given and the Provider fails to continue the Service at the start of the Client's return to the Home, or at the commencement of the period the Client wishes the Service to re-commence, whichever is the later; this shall not be considered as failure by the Provider to deliver the Service.

4.8 Care Plan

The Provider shall provide the Service to the Client reasonably in accordance with the requirements of the Client's care plan, in so far as the care plan is applicable to the Service to be provided by the Provider under the terms of this agreement. (A copy of the agreed Care Plan is attached to this agreement). The Provider shall co-operate and liaise fully with any other Funder (s) in providing information about the Client to facilitate a multi-agency assessment of the Client's needs, or any necessary review of the Client's care plan. Monthly Client reviews will continually assess Clients needs and should changes be required, the Care Plan shall be amended in agreement with the Client and in accordance with legislation.

4.9 Independence

The Provider and the PA’s supplied by the Provider shall at all times be reasonably mindful of the need to preserve and promote the ability of the Client to live independently in their own home, as well as the importance of the Client's health, safety and welfare.

4.10 The Personal Assistant - PA

All employees are required to attend a Company Induction Programme, and meet the standards set by Commission for Social Care Inspectorate. Employees are allocated a Company employed Manager, who monitors work within 7 days of initial placement. A formal quarterly review will take place to continually measure competence and delivery.

4.11 Insurance

The Provider shall maintain public liability insurance which shall include liability to the Client, with a limit not less than £2 million per claim.

The Client will maintain adequate household insurance with an insurance office of repute to ensure that the PA's are adequately covered for loss or injury incurred at the Home, and at all other times whilst providing the Service to the Client.

The Client agrees to inform their insurance company, in writing, of the presence of any employed/contracted person (PA), within their home and of their provision of such services, prior to the commencement of such services. The Client will ensure that such insurance cover is maintained throughout the lifetime of this agreement, and that said notification is communicated to the appropriate insurance company(s), should the policy be changed, altered or renewed. The Client will notify the Provider immediately of any failure on their part to inform their insurance company or any refusal to provide adequate cover, or unusual limitations imposed, on behalf of any insurance company. The Client will provide a copy of such insurance policy with copies of any schedules of cover and all endorsements and amendments thereto as and when requested to do so by the Provider.

4.12 Use of Motor Vehicles

This agreement does not require the Provider to ensure that the PA has a motor vehicle. The Client agrees that if they request the PA to drive them this is a private arrangement between the client and the carer. It is the clients responsibility to ensure that the vehicle and the driver are properly covered by the appropriate insurance.

The Provider will not be held responsible, and accepts no liability whatsoever, for any claim, for loss, injury or other reason, resulting from any journey undertaken in the above circumstances. In all cases of any claim arising from the use of motor vehicles by the PA in connection with their duties, paragraph 7.5 Indemnity, will apply.

4.13 Provision of Information

The Provider shall inform any Funder(s) (as soon as practicable) of any event and/or material change in circumstances affecting the ability of the Provider to provide the Service, (i.e. any injury or illness suffered by the PA or the Client, the death of the Client, the planned or unplanned absence of the Client from their home or the refusal of the Client to allow PA's to have access to the Home). The Provider shall notify such Funder(s) as soon as possible of any apparent significant deterioration or improvement in the Client's condition.

The Client hereby authorises the Provider to provide third parties with such information as to the Client’s personal circumstances as the Provider in its sole discretion deems fair and reasonable in all the circumstances.

4.14 Emergency Contact & Cover Arrangements

The Provider shall operate an emergency telephone line or other point of contact to enable the Client to contact the Provider in the event of emergency or if the Client wishes to make a complaint direct to the Provider.

4.15 Handling of the Client's Money

Upon request from the Client, the PA shall (using the Clients money) pay for shopping, transport cost and prescription fees and the like in the course of providing the Service Complete Care Holdings Ltd will invoice for petty cash monthly and will provide a breakdown with receipt (where possible ) of how the cash has been spent.

4.16 Keyholder Information

No employee shall be given keys belonging to the Client. If the client wishes to do this Complete Care Holdings accept no responsibility for the consequences of such actions.

4.17 Unsatisfactory service

If the PA for any reason proves unsatisfactory the Client acting reasonably must immediately inform the Provider by telephone, stating clearly why the PA is deemed to be unsatisfactory. No Service Charge will be levied by the Provider from the time the Provider is notified of such dissatisfaction, until a suitable and satisfactory replacement PA has been provided. Provided that the Client ceases to use the services of the so deemed unsatisfactory PA immediately upon giving such notice and desists from using those services until a replacement PA has been provided.

In all cases of dissatisfaction and/or unsuitability the Provider will endeavour to provide a suitable replacement PA as soon as possible. If such a replacement can not be found within 48 hours of said notification the Provider will immediately notify the Client and/or Funder (s) of such difficulty.

4.18 Complaints

The Provider shall operate a complaints procedure, which will be to the Client's and other Funder (s) satisfaction and shall allow the Client to have free access to it. The Provider shall notify any other Funder (s) if the Client makes a complaint and shall keep a comprehensive record of any complaints received, investigation steps taken and the outcome thereof.

4.19 Health and Safety

A comprehensive Risk Assessment is undertaken in advance of Care provision being supplied. A Company employed Manager conducts a detailed annual Risk Assessment and undertakes a formal monthly Risk Assessment Review.

5.1 Charges

In consideration of the Provider providing the Service, as per the attached schedule, the Client and/or Funder (s) shall pay the Provider a service charge. (Exclusive of value added tax ("VAT")) during the period of this agreement.

5.2 Administration of charges

Complete Care Holdings Ltd will send out invoices within ten working days of the end of a calendar month. Payment of the invoice will be within twenty days of the date of receipt.

No payment of the Service Charge shall be due to the Provider in respect of periods during which the service is suspended under paragraphs 4.5 or 4.6.

5.3 Late Payment

If payment of the Service Charge remains overdue for more than 14 days from the date of invoice receipt (whether wholly or in part) the Provider reserves the right to further charge those Funder (s) deemed in default of payment, interest on the outstanding amount at a rate of 4% (four percent) above the Base Lending Rate of National Westminster Bank plc. Such interest will be calculated on a daily basis from the date the money was originally due.

6.1 The Provider's Termination Rights

The Provider shall be entitled to terminate this agreement at any time by giving one week's notice in writing to the Client and any Funder (s) in the following circumstances, providing that a breach of obligations notice has been issued and the party to whom the notice has been issued has had 28 days to rectify the breach :

I. If the Client persistently frustrates or compromises the ability of the Provider to provide the Service by acting, in the opinion of the Provider, unreasonably.

II. If the Client or any other Funder (s) fail reasonably to perform their obligations under this agreement.

III. If the Client or any Funder (s) fail to meet their individual obligations with regard to payment of the amounts due, as specified under Service Charges in Section 2. Interpretation Table, whereby the amount outstanding for any individual exceeds an amount equivalent to 10 times that individual’s weekly service charge, including any accrued interest payments, as defined in Section 5.3. Late Payment - above. In such circumstances the Provider reserves the right to serve notice to terminate the agreement if settlement in full is not received within 14 days of such an occurrence. Should such notice be served, interest will still continue to be accrued on any outstanding amount, as defined in Section 5.3 Late Payment

IV. If after a full service review under the terms of the initial Probationary period (See 3. Duration of Service Agreement), the Provider feels unable to fully meet the needs of the client and/or other parties to this agreement. In such circumstances the Provider will give a minimum of 4 weeks notice to terminate service provision. Such notice will be subject to the terms and conditions defined in 3 above.

The Provider shall be entitled to terminate this agreement on 24 hours notice to the Client and any other Funder (s); if the Client behaves in a manner, creates or fails to prevent a situation, set of circumstances or working environment, which, in the reasonable opinion of the Provider, represents a serious physical danger, risk to the health, welfare or well being of a PA or other employee of the Provider.

The Provider shall be entitled to terminate this agreement by giving four weeks notice in writing to the Client and any other Funder (s), if this agreement has been suspended for one month or more under either paragraph 4.5 or 4.6.

6.2 The Client's and any other Funder (s) Termination Rights.

The Client and/or any Funder (s) shall be entitled to terminate this agreement by simultaneously giving four weeks notice in writing to the other parties to this Agreement, if the agreement has been suspended for one month or more under either paragraph 4.5 or 4.6.

6.3 Emergency Termination Provisions

Either the Client and/or any other Funder (s) may terminate this agreement on 24 hours notice to the Provider if:

I. The Provider's performance or non-performance of this agreement in the view of the Client and/or the funder (s) acting reasonably places the health, safety and welfare of the Client at risk.

II. There are reasonable grounds to believe that the PA has stolen property from the Client or has deliberately or recklessly caused damage to or the loss of property and/or belongings, owned by or in the care of the Client.

III. The Provider has committed a serious breach of it's obligations under this agreement or if the Provider persistently fails to perform its obligations under this agreement.

6.4 Exercising of Termination Rights

The Provider shall notify all other parties to this agreement, forthwith, in the event that the Client exercises their rights set out in paragraphs 4.5 and 4.6 to terminate or suspend this agreement.

6.5 Automatic Termination

This agreement shall terminate automatically if the Client dies or in the event that the Client should move permanently from the Home. Under these circumstances a one-week notice period shall apply to enable the company to comply with its moral obligation to staff.

7.1 Disputes

Without prejudice to paragraph 7.2 the parties to this agreement shall (upon request by any of such parties) use their reasonable endeavours to conciliate about any disputes, which arise between them with regard to this agreement, such conciliation to utilise (where practical) any independent and suitably qualified/experienced expert agreed between the said parties.

7.2 Arbitration

If any dispute or difference of any kind arises between any of the parties to this agreement and cannot appropriately be dealt with under paragraph 7.1, the aggrieved party may refer it to a single arbitrator. The arbitrator shall be agreed upon by the parties to the dispute or difference, or in default of agreement shall be nominated by the President of the Law Society. Any such references to arbitration shall be deemed to be a submission to arbitration under the Arbitration Act 1996 or any re-enactment thereof for the time being in force.

7.3 Confidentiality.

The Provider shall use its best endeavours to ensure that confidentiality is maintained at all times in all matters relating to the care of the Client. The other Funder (s) shall use their best endeavours to ensure that all information supplied to them by the Provider shall be confidential and only communicated to those needing to know the same. The Provider will inform the Client of any such request submitted to them, prior to supplying any such information.

The Client is entitled, upon written request, to receive copies of any written data held by the Provider on the Clients personal files that has been produced by the Provider. Third party information is not available, e.g. letters from doctors, other agencies, without the consent of the third party. Where a Client is able to read what is written about them, the contents of their personal files may be shared, subject to the restriction above. Notice will be required if third parties are involved.

7.4 Variations

The parties to this agreement shall (when acting jointly and in unison) have the right to vary this agreement provided that such variations are in writing and signed on behalf of all parties to this agreement, by an authorised signatory of each party.

7.5 Indemnity

The Provider shall indemnify the Client and other Funder (s) from all actions, losses, claims, costs, demands, proceedings and any other liability which may be brought or made against any party either at common law or otherwise by reason of any accident or injury to any person (including any fatal injury) or damage to or loss of property arising out of the Provider's or that of one of its employees, negligent performance or non-performance of their obligations under this agreement and also from any reasonably foreseeable damages, costs, expenses, or losses which the Client and/or Funder (s) shall incur or bear as a consequence.

The indemnity shall not extend to any such costs, actions, losses, claims, cost demands or proceedings which are caused by any negligent act or omission by the Client, any Funder (s) or their servants and agents acting within the scope of their authority of any of the said parties. The liability of the Provider under paragraph 7.5 shall be limited to two million pounds per claim, being the limit of the public liability insurance which the Provider is required to obtain.

7.6 Sub-Contracting and assignment

The Provider shall not sub-contract or assign any of its rights and obligations under this agreement to any third party without first obtaining the Client's and/or other Funder (s) written consent (as which the aforesaid parties shall have absolute discretion), and obligations herein on the part of the client shall be personal and incapable of Assignment.

7.7 Direct Employment of Personal Assistants

If the Client or any of the other parties to this agreement engages (whether directly or via a third party agency) the services of any PA (whether employed or self employed) provided by the Provider (whether under a contract of employment or under a contract for the provision of services) at any time during this agreement or within 6 months of its termination or expiration (as the case may be) or if within that period the client or other parties to this agreement introduces that PA to a third party (agency or individual) who subsequently engages that PA (whether under a contract of employment or under a contract for the provision of services) the Client or other party making such an introduction shall notify the Provider immediately of such an engagement.

Upon such an engagement of the PA the party(s) responsible for making such an introduction or engagement shall become liable to pay the Provider a fee of £2,000 per PA.

If payment of the said fee remains overdue for more than 14 days from the date of invoice (whether wholly or in part) the Provider reserves the right to further charge those parties deemed in default of payment, interest on the outstanding amount at a rate of 4% (four percent) above the Base Lending Rate of Nat West Bank plc which is in force during the period by which each party is in default. Such interest will be calculated on a daily basis for each day the outstanding amount remains outstanding.

7.8 Frustrations/Force Majeure

The parties to this agreement shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations, act of god or any other cause (except strike action) beyond the control of the parties rendering performance of this agreement impossible.

7.9 Notices

Any notice to be served under this agreement (unless otherwise stated herein) shall be in writing and shall be sent by first class post:

1. Such mailings will be addressed to the relevant parties at their addresses stated in paragraph 2.
2. Such mailings will be deemed to have been received on the third normal working day (weekends and English Public Holidays are excluded) following the date of postage. Any notice period as defined in this agreement will be considered as commencing on the deemed date of receipt.

APPENDIX ONE

The following list contains samples of practical care tasks to be provided by the Personal Assistant.

The above list is non exhaustive, but should be used to serve as a general guide.

APPENDIX TWO

The following list contains examples of personal care tasks to be performed by the Personal Assistant

The above list is non exhaustive, but should be used to serve as a general guide.

APPENDIX THREE

The Provider’s and the Client’s responsibilities towards the PA.

The Provider shall:

The Client shall:

2. Provide the PA with at least one suitable free recreation period in every twenty-four hours of at least three hours continuous duration, (excluding periods of sleep). Such a period to be agreed between the PA and the Client on a daily basis.

Should either party fail to agree upon or satisfactorily resolve any such concern, issue, dispute etc., then the Client will inform the Provider immediately, or at the earliest opportunity, of both the nature and circumstances of the aforesaid concern, issue, dispute, etc. The Provider reserves the right to withdraw the affected PA in such circumstances but will seek to find a suitable replacement.