Terms of Business
The terms and conditions set out below constitute an agreement (“Agreement”) between In Home Care Limited and the employing customer (“The Purchaser”) and/or the recipient of care services (“The Customer”). The Terms and Conditions of Business set out below have been made available to the Purchaser. Acceptance by the Purchaser of the provision of care services via the Company will constitute acceptance of these Terms and Conditions of Business (to include any revised versions) a contractual agreement between the Company and the Purchaser and/or Customer and these Terms will be binding whether or not signed by the Purchaser. Copies of these Terms and Conditions of Business (and any revised versions) are available upon request from our Horndean Office. The Company introduces such Carers (as defined below) to the Purchaser and/or Customer and assumes responsibility for the collection and payment of the Carers fees.
The Company’s charges for the provision of care services by its employees (the “Carers”) will be agreed with the Purchaser and/or Customer before the commencement of such services and will be confirmed by the supply of a letter signed by an authorized representative of the Company. Any special charges or terms agreed with the Purchaser will be confirmed, in writing, by an authorised representative of the Company and in the absence of such written confirmation; it will be assumed that no special charges or terms exist. Any subsequent amendments to the Company’s fees will be notified, in writing, to the Purchaser and or Customer. The Company’s fees are reviewed yearly, but the Company reserves the right, at its absolute discretion, to review its charges at other intervals. The Company will give a minimum of one months advance notice of its intention to increase its fees and such notice will be conveyed, in writing, to the Purchaser and/or Customer.
All Bank Holidays are charged at double the standard rate quoted by the Company.
The Company cannot offer or give financial advice to the Purchaser and/or Customer. However, information regarding State Benefits and related financial assistance is available, upon request. The Company accepts no liability for the accuracy of such data or in respect of any Purchaser or Customer’s reliance on it.
Payment of fees for services provided will be the responsibility of the Service User or authorised representative. Fees will be invoiced directly to the Service User or authorised representative on a fortnightly basis, payable in advance at the start of the week in which care services are to be provided. Payment is required in full within 7 days of the date of the invoice.
Cancellation of Visits by the Service User:
The Service User or his / her authorised representative is required to give a minimum of 24 hours notice to cancel a single visit. Cancellations made in less than 24 hours will attract the usual service charge for the visit.
Cancellation or changes to Care Service Contract:
This Care Service Contract may be cancelled or hours changed by either party by giving appropriate notice in writing. A minimum of one month for Live in care or one week for hourly care, for notice of cancellation or change of hours is required, unless a different agreement is negotiated and agreed between both parties.
ENGAGEMENT OF CARER
Staff introduced to a Service User via In Home Care Ltd should not be approached to work directly or indirectly for the Service User without the consent of the company director. Should a Service User employ a staff member of In Home Care Ltd within a twelve month period of the date the staff member last attended the Service User, the Service User will be liable to pay In Home Care Ltd a transfer fee of £2100.
The Company shall be entitled to terminate this agreement by written notice to the Purchaser if the Purchaser commits a breach of this agreement and, in the case of a breach capable for remedy, fails to remedy the breach within 14 days after written notice giving full details of the breach and requiring it to be remedied.
The professional references and other information obtained by the Company in respect of Carers are confidential and can only be divulged to the Purchaser and/or Customer in exceptional circumstances. In the event of such disclosure, any such information provided to the Purchaser and/or Customer is provided in strictest confidence and must not be transmitted, in any form, by the Purchaser and/or Customer to any third party. The Company accepts that all information it holds regarding a Customer’s state of health or personal affairs is held in confidence. No such information will be divulged to any third party without the express consent of the Customer, the Purchaser or their respective legal representatives. Exceptions to this rule include provision of relevant medical or other information, which would form the basis of a normal professional interchange between Carers and a qualified medical practitioner, district nurse or social worker.
LIMITS OF LIABILITY
The Company accepts no liability for the action of all persons in its direct employment save for where such actions relate to the duties of the Carers resulting from the course of such employment. The Company takes all reasonable steps, in line with industry standards, to investigate and verify the standards of skill, care, integrity and reliability of the Carers introduced by it.
The Company has affected a Public and Employers Liability insurance policy to indemnify it against costs incurred in respect of proven acts for which the Company can be held liable in law. The Purchaser and/or Customer undertake to indemnify the Company and the Carers introduced by the Company, for any direct or indirect loss or damage, personal injury or death caused by the negligence of the Purchaser and/or Customer or by their default or breach under the terms of the Agreement.
The Company will supervise the Carer during the period of the Carer’s assignment so as to ensure satisfaction with the standard of work provided by the Carer. In order for the Company to successfully supervise its Carers the Company asks that the Purchaser and/or Customer allows the Company’s assessor staff to attend the location of delivery of Care Services in order to see the Carer(s) whilst they are providing care for the Customer. It is a legal requirement for the Company to demonstrate supervision of Carers. If the Purchaser and/or Customer, or their authorised representative, is not satisfied with the standard of work performed by the Carer, then such dissatisfaction should be brought to the attention of the Company and if appropriate the Company should be asked to terminate the assignment. The Company should be notified of any such occurrence and, whenever it is reasonable to do so, the Company will endeavour to replace the carer as quickly as possible. The Purchaser and/or Customer will, however, be responsible for paying the Company’s charges in respect of the hours worked by the Carer prior to any such termination of an assignment. The Purchaser and/or Customer, or their authorised representative, are responsible for verifying and confirming the hours worked by the Carer by signing the daily log at the end of each assignment.
CRIMINAL RECORD BUREAU (“CRB”)
Enhanced CRB checks are undertaken on all Carers in accordance with relevant local and national regulations to which the Company is subject.
The Company aims to ensure that all Purchasers and/or Customers are given the highest degree of care and the best possible service; any complaints should be reported to the care manager immediately.
Carers may only drive the Customer’s vehicle if covered by adequate insurance (this being the Customer’s (responsibility) and the Customer will be responsible for checking that their Carer has a valid driving licence and that it meets the Customer’s own insurance company’s policy and criteria. Neither the Company nor the Carers will be liable to pay any insurance excesses payable to the Customer’s insurance company in the event of an accident or any other claim made. The Company reserves the right to ask the Customer and/or Purchaser to provide a copy of their valid insurance policy or other proof that the relevant Carer is insured to drive the relevant vehicle. The Company accepts no liability in respect of parking costs and fines or other motoring penalties incurred by the Carer during the course of provision of the care service.
CUSTOMER’S TELEPHONES / INTERNET
No Carer should use the Customer’s telephones (whether landlines or mobiles or the internet) other than on the Customer’s behalf. The Company cannot accept any responsibility for any Customer’s telephone bills.We recommend the use of call barring on customer telephones.
BREAKAGES AND DAMAGES IN CUSTOMER’S HOMES
The Company cannot accept any liability for any breakages/damages or other losses caused by Carers in the Customer’s home. This should be covered under the Customer’s household insurance contents policy. It is the Customers and/or Purchasers responsibility to ensure that the household insurance policy covers the Customer for having a Carer in the Customer’s property (whether as live-in care or under hourly-care). It will be the responsibility of the Purchaser/Customer and/or their representative to give clear, proper and adequate instructions for the use of items or electrical equipment in the Customer’s homes. The Company will not accept any liability for any damage (whether direct or indirect) done by the Carer to any goods or equipment in the Customer’s property.
The Company requires that a separate bedroom should be provided for live-in carers and night sleepers. This room is for the carers use only and will be regarded as their personal space. We request that as a minimum a comfortable bed and TV is provided in this room.
LIVE IN CARERS TIME OFF
Each live in carer requires as a minimum 3 hours break in each working day. This time should be taken during daylight hours. Most Customers are happy to remain alone for this period. However, if they are not or if there is a higher level of risk then provision may need to be made via hourly carer, day centre, family member or volunteer. The Purchaser or customer will be required to arrange this additional support and to bear any associated costs. We can provide additional cover as required.
FOOD, BEDDING, CLEANING MATERIALS
It is the responsibility of the Customer to provide ample food and clean bedding for live-in carers, as well as adequate cleaning materials and protective clothing to carry out the service properly.
EXPECTATIONS OF CARER
Carers are not allowed to smoke, take drugs or drink alcohol in the Customer’s home. Carers are not permitted to accept gifts from Customers and/or Purchasers over the value of £10.00. Carers are not allowed to lend money to or borrow
money from a Customer and/or Purchaser.
EXPECTATIONS OF CUSTOMER AND PURCHASER
We expect you to have high expectations from us as a Company and in the care you receive. Equally, our carers will expect to be treated with respect, not to be exploited in any way. We value our employees and would respectfully request that they are treated as you would expect to be treated yourself. Any harassment or discrimination of any type will be treated very seriously.
The Company operates an equal opportunities policy and makes no discrimination on the basis of age, race, religion, gender, sexual orientation, marital status or disability.
These Terms and Conditions of Business constitute all the Terms and Conditions of Business between the Company and the Purchaser and/or Customer. No variation of these Terms and Conditions of Business shall be binding unless such variations are agreed upon by both the Company and the Purchaser and/or Customer in writing and, in the event that such variations have been so agreed in writing, then those variations shall form part of the Agreement between the Company and the Purchaser and/or Customer and these Terms and Conditions of Business, together with any variations agreed, constitute the entire Agreement between the said parties.