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The Terms and Conditions of Business set out below constitute an Agreement between In Home Care Limited (the Company) and the recipient of care and associated services (Customer)
The Terms and Conditions of Business set out below have been made available to the Customer prior to the Customer signing the Agreement. Acceptance by the Customer of the provision of care and associated services via the Company will constitute acceptance of these Terms and Conditions of Business (including any revised versions). A contractual agreement between the Company and the Customer and these Terms and Conditions of Business will be binding whether or not signed by the Customer. Copies of these Terms and Conditions of Business (including any revised versions) are available upon request from the Company.
The Customer will receive a copy of the Companys Customer Guide with these Terms and Conditions of Business. Further copies of the Companys policies and procedures and Statement of Purpose are available by the Customer requesting them from the Company.
“Agreement” The contract between the Company and the Customer to provide care and support services. This agreement also applies where any Customer is funded by their relevant County Council Social Services (and where necessary supported by an Individual Service Contract) or by their appropriate NHS Clinical Commissioning Group.
“Authorised Representative” Person or persons other than the Customer who has authority to deal with financial matters, in particular but not limited to the payment of invoices in respect of care and support services provided for the Customer.
”Cancellation Period” The period of 14 days after the Agreement has been executed by the Company and the Customer;
“Care Worker” An individual employed by the Company to provide care and supportservices to the Customer;
“Customer” The recipient of care and associated services.
“Regulator” For England, the Care Quality Commission (CQC) (or such regulatory bodythat replaces the CQC). For Wales, the Care and Social Services Inspectorate Wales (CSSIW) and Healthcare Inspectorate Wales (HIW) (or such regulatory body that replaces the CSSIW or HIW). For Scotland, the Care Inspectorate (or such regulatory body that replaces the Care Inspectorate). For Northern Ireland, the Regulation and Quality Improvement Authority (RQIA) (or such regulatory body that replaces the RQIA).
“Social Services” Hampshire County Council (HCC) Social Services, West Sussex County Council (WSCC).
“NHS CCG” West Hampshire CCG (Clinical Commissioning Group), Coastal West Sussex CCG, Surrey Downs CCG.
The Company Shall:
Take every reasonable precaution to ensure the suitability of all Care Workers, in accordance with the Companys and Regulators recruitment policies and procedures;
Undertake full criminal record checks on all Care Workers in accordance with relevant local and national regulations to which the Company is subject;
Carry out necessary health and safety checks and risk assessments on a Customers property prior to the service commencing or within 24 hours if the service commences in an emergency situation;
Endeavour to send the same Care Worker or team of Care Workers as requested at the outset of the Agreement. However, this is not a guarantee due to holidays, sickness and other staffing reasons outside of the Companys control. The Company will use all reasonable efforts to inform the Customer when a regular Care Worker cannot attend;
Use all reasonable efforts to replace a Care Worker where the Customer or Care Worker has requested a change. Please note, this may impact on the continuity of service provision in the Agreement;
Respectfully request the Customer to allow the Care Worker to follow the Companys log-in procedures for every visit;
Reserve the right to inform appropriate authorities where a Care Worker has experienced harassment or discrimination of any type whilst providing services to the Customer;
Commence performance of the service under the Agreement for the benefit of the Customer on the start date (as identified in the Agreement).
Care Workers will:
Follow all of the Companys policies and procedures whilst carrying out services for a Customer; and act and conduct themselves in a professional manner at all times.
Care Workers will NOT:
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.
Accept gifts from Customers over the value of £5; or Lend money to a Customer/Customers family or borrow money from a Customer/Customers family.
Smoke, take drugs or drink alcohol in the Customer’s home.
Expectations of Customer
We expect you to have high expectations from us as a Company and in the care you receive. Equally, our Care Workers 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.
Supervision
The Company will supervise the Care Worker during the period of the Care Worker’s assignment so as to ensure satisfaction with the standard of work provided by the Care Worker.
In order for the Company to successfully supervise its Care Workers the Company asks that the Customer allows the Company’s assessor staff to attend the location of delivery of Care Services in order to see the Care Worker whilst they are providing care for the Customer.
It is a legal requirement for the Company to demonstrate supervision of Care Workers. If the Customer, or their Authorised Representative, is not satisfied with the standard of work performed by the Care Worker, 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 Care Worker as quickly as possible.
The Customer will, however, be responsible for paying the Company’s charges in respect of the hours worked by the Care Worker prior to any such termination of an assignment.
The Customer, or their Authorised Representative, are responsible for verifying and confirming the hours worked by the Care Worker by signing the daily log at the end of each assignment.
Customers are required to provide live-in Care Workers with:
A separate bedroom with a bed and clean bed linen (and if possible as TV). This room is for the Care Workers use only and will be regarded as their personal space.
Cleaning supplies
A recommended sum of £40 per week for the live-in Care Workers dietary requirements.
However, this recommended sum can be negotiated between the Customer and the Company at the outset of the Agreement.
Under the Companys employment law obligations, live-in Care Workers require a minimum of 3 hours break in each working day. This time off should be taken during daylight hours or at a mutually agreed time.
Any additional service required by the Customer (for example during a Care Workers break hours) will need to be discussed and agreed by the Customer and the Company, with all associated additional costs being borne by the Customer.
The Company cannot guarantee that this additional service will be provided at short notice of less than 24 hours.
All expenses for Care Workers accompanying the Customer on holidays, days out or short trips out will be paid for by the Customer.
The Company’s fees for care and associated services provided by its employees (the “Care Workers”) will be agreed with the Customer or Authorised Representative (or by any authorized representative of Social Services or NHS CCG where the Customer is funded by Social Services or NHS CCG) before the commencement of such services and will be confirmed by the terms and conditions signed by an authorized representative of the Company.
Any special charges or terms agreed with the Customer or Authorised Representative (or by any authorized representative of Social Services or NHS CCG) 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 Customer or Authorised Representative (or the appropriate authorized representative of Social Services or NHS CCG).
The Company’s fees are reviewed yearly, but The Company reserves the right to implement more regular reviews of charges. The results of any such review shall be notified to the Customer, in writing, as soon as practicable and with a minimum 28 days notice of any increase in charges.
Payment of fees for care and associated services provided will be the responsibility of the Customer or Authorised Representative (or Social Services & NHS CCG where the Customer is funded by Social Services or NHS CCG). Invoices with a breakdown of services will be provided by the Company to the Customer or Authorised Representative on a fortnightly basis, payable in advance at the start of the week in which care services are to be provided.
For Customers who are funded by Social Services OR NHS CCG, invoices or other agreed form of submission of confirmation of the services the Company has provided, will be provided by the Company to Social Services or NHS CCG at an interval as agreed with any authorized representative of Social Services or NHS CCG and as agreed by an authorised representative of the Company. Should funding from Social Services or NHS CCG cease the full responsibility for the payment of fees for care and associated services provided will revert to the Customer or Authorised Representative in full.
All Bank Holidays are charged at double the standard rate quoted by the Company.
Invoices are payable in full within 7 days of the date of invoice. The Company reserves the right to charge interest, on a daily basis, at a rate of 5% above the Bank of England base rate, in the event of non-payment. The Company requires at least 14 days payment in advance for all respite or short term Agreements of 4 weeks or less. This excludes end of life care services.
The Company reserves the right to charge the Customer, at the agreed rate as set out in the Agreement, for additional hours worked by a Care Worker beyond that which has been documented in the Agreement.
The Customer is entitled to cancel the Agreement, without giving reason, within the Cancellation Period. A cancellation within the Cancellation Period will entitle the Customer to a full refund of any monies paid to the Company in accordance with the Agreement, provided the Customer has not been in receipt of services by the Company.
If the Customer decides to cancel the Agreement within the Cancellation Period and services by the Company have commenced, the Customer is liable to pay the Companys charges for the supply of services up to the date of termination of the supply of services by the Company.
If an Agreement is cancelled by the Customer within 24 hours of an agreed start date, the Company reserves the right to charge the Customer a fee of 3 working days of service in accordance with the agreed rate as set out in the Agreement.
This Agreement may be cancelled or hours changed by either party by giving appropriate notice in writing. A minimum of 28 days notice is required for Live In Care and 7 days notice for hourly care, for either notice of cancellation or change of hours, unless a different agreement is negotiated and agreed between both parties.
If the Customer decides to terminate a Care Workers service at any time and for any reason during a single visit or to cancel a single visit with less than 48 hours notice, the Company reserves the right to charge the Customer for the full single visit in accordance with the Agreement.
If the Customer requires hospitalisation or emergency respite care, then the Agreement can be placed on hold for up to 14 days or longer if mutually agreed between the Customer and the Company. To ensure provision of care may recommence upon discharge from hospital / respite care (preferably on a date of the Customers choice) a retainer will be required. This will be 50% of the current invoiced amount. Thereafter it will be 25% of the current invoiced amount. A review of the Customers care will be required prior to the service recommencing.
The Company cannot offer or give financial advice to the Customer or Authorised Representative. 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 Customer or Authorised Representative’s reliance on it.
The Customer recognises that the Company has significantly invested time and resources in employing and training qualified Care Workers to enable the operation of the business of the Company.
During the period of the Agreement and for a period of 12 months after the termination of the Agreement (for whatever reason) the Customer undertakes, whether directly or indirectly, not to engage the services of or employ any Care Worker and/or any employee of the Company.
Any breach of the Customers undertaking not to engage the services of or employ any Care Worker and/or any employee of the Company shall entitle the Company to damages to compensate the Company for losses incurred as a result of the Customers actions. The Customer will be liable to pay In Home Care Ltd a “transfer fee” of £2750
As a regulated business the Company will be inspected from time to time by the Regulator or local authority/trust. The Company will endeavour to inform the Customer when this happens and will only share information as far as quality monitoring and compliance with regulations are concerned. The Company will from time to time also be audited internally by a nominated individual from this care company.
The Company will supervise and observe the Care Worker during the Agreement so as to ensure satisfaction with the standard of work provided by the Care Worker. In order for the Company to successfully supervise its Care Workers, the Company asks that the Customer allows the Companys assessor staff to attend the location of delivery of care and associated services in order to see the Care Worker(s) whilst they are providing care for the Customer. It is a legal requirement for the Company to demonstrate supervision of Care Workers.
The Company aims to ensure that all Customers are given the highest quality of care and service. However, if a Customer feels aggrieved or unsatisfied with the service of a Care Worker or the
Company, a clearly defined complaints procedure exists and full details are set out in the Companys Customer Guide. Further copies of the procedure are available upon request.
The Company and Customer are entitled to terminate the Agreement by either giving 7 days (for hourly care) or 28 days (for Live In Care) written and signed notice to the other party. (Notice can be deemed to have been given if sent by email by the Company or by email from either the Customer or the Authorised Representative).
The Company is entitled to terminate the Agreement by written notice to the Customer if the Customer commits a breach of the Agreement and, in the case of a breach capable of resolution, fails to reach a resolution within 14 days after written notice providing details of the breach and the requirements for it to be remedied. The Customer will be responsible for payment of all the charges up to the point at which the service and/or Agreement is terminated.
In circumstances where the Company reasonably perceives a significant risk of harm to a Care Worker or that the health and safety of those involved in the care and support is compromised, the Company may give immediate notice (0 days) terminating the service and the Agreement. In circumstances where the agreed hours of care are significantly changed due to circumstances out of the Company’s control, eg by the Customer or as requested by a third party. Then if the Company reasonably perceives that it cannot safely provide the requested changes to the provision of care, then the Company is entitled to give immediate notice (0 days) terminating the service and the Agreement.
Any notice given pursuant to the Agreement shall be in writing and shall be sent by first class prepaid post to the relevant partys address or such other address as may be specified by the parties by notice to the other from time to time. Any notice so given shall be deemed to have been delivered by post, at 9:00am on the second business day after posting. (Notice can be deemed to have been given if sent by email by the Company or by email from either the Customer or the Authorised Representative).
The Company has 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 Customer undertakes to indemnify the Company and the Care Workers introduced by the Company, for any direct or indirect loss or damage, personal injury or death caused by the negligence of the Customer or by their default or breach under the terms of the Agreement.
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 Care Workers 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 Care Workers introduced by it.
Breakages and damages in Customer’s homes
The Company cannot accept any liability for any breakages/damages or other losses caused by Care Workers in the Customer’s home. Customers possessions are not covered by the Companys insurance policy, and should therefore be covered by their own household or other insurance. It is the Customers responsibility to ensure that the household insurance policy covers the Customer for having a Care Worker in the Customer’s property (whether as live-in care or under hourly-care). It will be the responsibility of the Customer and/or their Authorised 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 Care Worker to any goods, equipment or fixtures and fittings in the Customer’s property and accepts no responsibility for wear and tear fixtures and fittings in the Customers property
Customers Vehicles
Care Workers may only drive the Customers vehicle if covered by adequate insurance, both their own insurance (this being the Care Workers responsibility) and the Customer’s insurance.
It is the Customers responsibility to check their own vehicle insurance, so that it adequately covers a situation where the Care Worker is required to drive the Customers vehicle.
The Customer will be responsible for checking that the Care Worker has a valid driving licence and that it meets the Customers own insurance company’s policy and criteria.
Neither the Company nor the Care Workers 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 to provide a copy of their valid insurance policy or other proof that the relevant Care Worker 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 Care Worker during the course of provision of the care service.
These Terms and Conditions of Business constitute all the Terms and Conditions of Business between the Company and the 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 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 Customer and these Terms and Conditions of Business, together with any variations agreed, constitute the entire Agreement between the said parties.
The Company reserves the right to vary these Terms and Conditions of Business at any time.
Changes to the Agreement must be discussed by the Customer and the Company. The Company must put the agreed changes into writing before any changes are actioned by Care Workers. Changes made to the Agreement may result in a change of Terms and Conditions of Business.
All Customer Agreements are reviewed regularly by a nominated member of the Company. These reviews may result in a change of Terms and Conditions of Business.
Personal information relating to the Customer is held on file with the Company during the Customers Agreement with the Company and for a statutory period of time required afterwards. This information is securely kept in line with all applicable laws concerning the protection of personal data; including the Data Protection Act 1998 (DPA) and The General Data Protection Regulation 2016 (GDPR) together, and with other subsequent laws “Data Protection Laws”.
Confidentiality
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 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 Care Workers and a qualified medical practitioner, district nurse or social worker.
The professional references and other information obtained by the Company in respect of Care Wokers are confidential and can only be divulged to the Customer in exceptional circumstances. In the event of such disclosure, any such information provided to the Customer is provided in strictest confidence and must not be transmitted, in any form, by the Customer to any third party.
No liability shall attach to the Company in respect of any acts of God, riots, civil commotion, usurped power, strikes or labour disturbances or any other circumstances which are beyond the control of the Company at any given time.
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.
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Copyright © 2024 In Home Care Ltd. All rights reserved.
In Home Care Limited is registered in England & Wales with Company Number 07785735. Registered Office: In Home Care, 1 Havant Road, Horndean, Hampshire, PO8 0DB