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Client Agreement 020221
Agreement for the Supply of Care Services
This Agreement is made on the 2nd day of February 2021 between
Signed on behalf of Lion Care Essex
Print Name and Position ………Katie Keating - Director…………………………
Signed by/on behalf of the Client
Where this Agreement is signed on your behalf the person who signs the Agreement:
Agrees to irrevocably guarantee (by way of primary obligation) that you will perform the terms of this Agreement; (in the case of a relative or other third party) Commits you to performing all the terms of this Agreement. (in the case of a deputy or attorney).
The following documents provide additional information in support of this Agreement:
Client’s Guide Schedule of Fees Personal Care Plan
Important Notes to Clients
Right to cancel
You have the right to cancel this Agreement within the first 14 days.
If you require care to be provided during this 14-day cancellation period, we need to obtain your specific consent.
Consent to provide services within the cancellation period
I consent to the service being provided during the first 14 days of this Agreement and acknowledge that even if I cancel this Agreement I will be liable for the fees incurred for any services provided before cancellation takes effect.
Note regarding direct payments
If you are in receipt of direct payments, a personal budget, a personal health budget self-directed support, or similar external funding for your care then the cost of the care services we provide may be more than the funding you receive. If there is a shortfall between the cost of the services we provide and the money you receive from any external funding it is your responsibility to fund this shortfall.
Permanent engagement of our Carer
If you directly Engage a Carer you will be obliged to decide whether to:
(a) continue to have the Carer supplied on the same terms for an extended period of 6 months from the date we receive notice of your intention to directly engage the Carer, following which the Carer will be able to transfer to you without the payment of any fee;
(b) pay us a Permanent Engagement Fee as set out in the Fee Schedule; for the avoidance of doubt the Fee will only be payable where the engagement occurs within 14 weeks of the date the Carer first provided services or within 8 weeks of the date the Carer last provided services.
If you introduce a Carer to another employer, or organisation like us which results in the engagement of that Carer by the third party You will be required to pay an Introduction Fee to Us as set out in the Fee Schedule. For the avoidance of doubt the Fee for the introduction of a Carer to the third party will only be payable if an engagement takes place within 14 weeks of the date the Carer first provided the services or within 8 weeks of the Carer last providing the Services.
If you engage a Carer direct, you may become responsible for paying employers’ national insurance contributions and maintaining employers’ liability insurance in respect of the Carer.
01.1 This Agreement sets out the principal terms and conditions relating to our provision of care services to you. The Agreement may be modified from time to time, to reflect changing circumstances, and you will be advised when changes take place, and how they will affect you. In all cases we will give you reasonable notice of any change.
02.1 Our objective is always to provide you with the care you need. As such our first task will be to undertake a thorough review or assessment of your current needs, involving a discussion with you, usually in your home, covering several issues, such as your current treatments, likes, dislikes, allergies, lifestyle preferences etc. We may also need to talk to others involved in your care, such as family members, or relevant social/healthcare professionals so that we can get a complete picture. Should we be required to commence services in an emergency we will undertake such an assessment within 2-7 days of commencement. If you are unable to fully express your preferences we will act in accordance with your best interests when making decisions on your behalf.
02.2 After the assessment, we will provide the services which have been agreed with you, and which are laid down in what is called your “Personal Care Plan.” As your needs may change over time, then the Plan may be modified to suit your revised needs. We will normally review the Plan after 2 - 4 weeks of the service starting, and at least annually thereafter. You may request a review of the Plan at any time and we will review the Plan as your circumstances change. We will treat you with dignity and respect, ensure your privacy and allow you as much autonomy, independence and involvement in your care as you wish, within appropriate safe boundaries.
02.3 You will be provided with a copy of the Personal Care Plan when our services begin, and you will also receive notice of any revisions to the Plan, either through an updated Personal Care Plan, or a written statement of the modifications we have agreed with you. Revisions to the Personal Care Plan are likely to result in some modification to the charges we make, either up, or down. In every case you will be given reasonable notice of any increase or decrease in our charges.
02.4 If your needs change or increase to such a level which cannot be met by us, we will tell you without delay. We will try to make mutually acceptable alternative arrangements for you as quickly as possible.
03.1 Assessment Fee. We reserve the right to charge an initial one-off fee (listed in our Schedule of Fees) for the assessment we undertake prior to the completion of your Personal Care Plan.
03.2 Deposit. At our discretion, we may ask you to pay a deposit (listed in our Schedule of Fees) in respect of the fees payable for our services. This deposit will be returned if this Agreement is terminated in accordance with our Terms and Conditions. The deposit does not accrue interest.
04.1 You will be responsible for the payment of fees in respect of the services we provide to you, as described in your Personal Care Plan.
04.2 You will be advised of the amount of these fees before the commencement of our services to you, and the basis upon which these fees are calculated, which will normally be either the time spent or the number of visits.
04.3 Verification of hours spent, or the number of visits made will be by way of timesheets or the use of electronic call monitoring. Where timesheets are used to verify attendance, we will ask that you sign the timesheet as an accurate record on every occasion a timesheet is presented to you. If you are assessed as unable to sign, then some other arrangements will be agreed with you and detailed in your Personal Care Plan.
If you feel that the timesheet details are inaccurate, you are asked to contact the Manager prior to signature to discuss the matter and resolve any differences. Refusal to sign a timesheet does not remove your responsibility to pay fees.
04.4 Where electronic call monitoring is used to verify attendance by the Carer, then we may ask that permission is given for the Carer to use your landline phone upon arrival and departure, but each carer will have an app on their phone which they should be using to log call attendance times which is connected to our care planner. Calls made by the Carer for this service are free. The Carer is not authorised to use your phone for any other purpose, except to call the emergency services. If you allow the carer to use your phone, then the Company will not be responsible for your call charges or rental.
04.5 You will be notified of the fees to be paid by way of a weekly invoice. This invoice will contain details of any additional expenses which have been agreed with you beforehand.
04.6 We request that your pay our fees within 14 days of the date of each invoice.
04.7 We retain the right to contract with a third party (such as a debt factoring company) to collect fees on our behalf.
05.1 In the event that you have failed to pay the fees within 14 days of the date of each invoice we retain the right to:
05.1.1 Suspend the service until payment has been made in full; and/or
05.1.2 Set off any amount owing to us against the deposit you have paid; and/or
05.1.3 Charge statutory interest on the amount owing, in accordance with permissible rules and guidelines. In such cases we will issue a new and revised invoice.
06.1 We will review Fees:
06.1.1 Annually, and at any other interval if:
06.1.2 There is a change to the service we provide, resulting in modifications to the Personal Care Plan;
06.1.3 Change is necessary owing to statutory, regulatory or safety requirements;
06.1.4 The cost of providing the service increases.
06.2 If the increase in fees is due to a modification in your agreed Personal Care Plan, the fee increase will apply upon the introduction of the modification.
06.3 In all other cases we will give you at least 4 weeks’ notice of the introduction of the increase.
06.4 If you do not accept any increase in Fees, then you may terminate the Agreement in accordance with clause 16.
07.1 Your Personal Care Plan reflects your individual needs and we will always attempt to match those needs with the skills, experience, aptitudes and competencies of the Carers we allocate to your care.
07.2 We will aim to provide services to you at the agreed time. It may be necessary, however, on occasion, to vary that time, owing to having to deal with adverse weather conditions, staff illnesses etc. We will aim to give you as much notice as possible if these circumstances arise.
07.3 We aim to provide you with a Carer who will provide your care on a consistent and regular basis. Owing to holidays, sickness, etc. it may on occasion be necessary to provide you with an alternative but similarly experienced Carer. When this happens, we will try to give you as much notice as possible.
07.4 If your Carer does not turn up, or for any reason you are not satisfied with the standard of service, please notify us without delay, so that no time is lost in rectifying the situation to your satisfaction.
07.5 Please note that our Carers are not permitted to carry out any of the following:
07.5.1 Heavy lifting of any kind, including lifting or moving you without either the appropriate equipment or enough people;
07.5.2 Household maintenance or DIY;
07.5.3 Assisting you with your finances, unless we have agreed to do this, and it is written into your Personal Care Plan;
07.5.4 Administer medication, unless the Carer has received adequate advance training;
07.5.5 Bring other members of their family or friends into your home;
07.5.6 Accept payment from you for services rendered.
08.1 If you employ a Carer supplied by us, or introduce a Carer supplied by us to a third party which results in the engagement of the Carer by said third party, then you will be liable to pay us a Fee, or to engage the Carer on our terms for an extended period of 6 months.
08.2 The details in respect of these fees are set out in the Fee Schedule.
09.1 All employees of the Company including the people who care for you directly are not allowed to receive gifts or money from Clients, or to be a beneficiary in a Client’s will.
10.1 Your home is our Carer’s workplace, and we must ensure that it is always safe. Your responsibilities include:
10.1.1 Ensuring that your home is clean and free of risks and hazards;
10.1.2 Maintaining a safe passage to and from your home:
10.1.3 Providing suitable equipment to enable the Carer to carry out their duties in a safe manner, such as appropriate aids for safe movement, lifting and handling, wheelchairs, and other mobility aids, domestic cleaning equipment etc. and ensuring that it is always maintained in a safe condition;
10.1.4 Telling us about any infectious disease in the household;
10.1.5 Telling us about anything which you think might pose a risk to our Carer.
11.1 We will always observe the obligation we have to protect confidential information about you, and your care and will not disclose such information to any other person unless in our opinion such disclosure is in your best interest, is required in order to carry out the care plan we have agreed with you or is required in law.
12.1 We are required to maintain current and accurate records of the care you receive. As such your Carer will maintain a record of the care given upon each visit to your home, together with any other relevant information. These records are our property, and unless agreed otherwise, will be kept in your home. We ask that you return these records either upon request, or at the end of service. We will provide copies for you should you so wish.
13.1 We accept no liability, howsoever caused, on behalf of ourselves, our servants, agents or contractors for any losses, costs, damages, claims or expenses in connection with our failure to provide our care services to you.
13.2 Our liability to you shall be limited to the extent of our insurance cover in respect of the claim from time to time. Our current insurance cover for public liability insurance in respect of any one claim is £5 million. Any consequences that arise out of the same act of default by us shall be treated as giving rise to only one claim.
13.3 You agree that any additional household or public liability insurance is your responsibility.
13.4 If you provide a vehicle to be used in connection with your care, you are required to ensure that the vehicle is appropriately insured, is in good condition, and is adequately maintained.
13.5 For the avoidance of doubt our liability does not extend to cover damage to your vehicle(s) howsoever caused. We will not accept liability for any excess, loss, expenses, damage or delay arising from such damage. All costs must be covered by your motor insurance policy, or home insurance policy or paid by you personally.
13.6 Nothing in this Agreement limits or excludes our liability for death or injury resulting from negligence or for any damage or liability incurred by you because of fraud or fraudulent misrepresentation.
14.1 There may be circumstances arising where we must consider the temporary or permanent withdrawal of service. These include situations such as: failure to pay our invoices for the services we provide; persistent lateness in the payment of such invoices; failure by you or any other person in your home to provide or maintain a safe working environment and/or appropriate equipment; unlawful discrimination; extreme alcohol consumption; unreasonable behaviour or requests to our Carer to undertake unreasonable or illegal activities.
14.2 Smoking is a recognised health hazard and we request that you, or anyone else in your home, do not smoke when our Carer is present. If you do smoke when the Carer is present, then they will be obliged to leave the home.
15.1 We always aim to provide an excellent service, and if we fall short in this regard, we ask you to tell us, and hopefully we can put the matter right in an informal manner. You can do this by talking to your Carer, or the Manager, or someone could tell us on your behalf. If your issue is more serious and you wish to make a formal complaint, then this should be in writing, using our complaints procedure. More information can be obtained from the Manager.
15.2 We don’t wait for complaints to see how we can improve on what we do, so we ask our Clients on a regular basis for feedback about our service. This may be done either through a short interview with one of our staff, or by you completing a customer satisfaction survey. We hope that you will cooperate with these efforts which are designed simply to see how we can best improve our services to Clients generally.
15.3 On occasion we may want to monitor the quality of service directly by observing the Carer at work. We will seek your consent and try to give you as much warning as possible. We hope that you can co-operate with us in this regard.
16.1 You can cancel the service at any time (and for any reason) within 7 days of signing this agreement by giving us notice in writing or using the cancellation notice attached to this Agreement.
16.2 In all other cases you must give us at least 14 days’ notice in writing if you no longer require the service or want to suspend the service for a period. If you give less than 14 days’ notice we reserve the right to charge a cancellation fee or a Service Suspension Fee as set out in the Fee Schedule. If you suspend the service, we cannot guarantee to provide the same Carer upon resumption of the service.
16.3 In the event that you wish to cancel an individual assignment you must give us at least 24 hours’ notice otherwise you will be charged for the assignment in full. If cancellation is because you have been admitted to hospital, fees will be chargeable, but only in relation to the time we were due to provide the Service on the day you were admitted to hospital.
16.4 We may terminate this Agreement:
16.4.1 By giving 14 days’ written notice for any reason; or
16.4.2 After giving 14 days’ written notice that you have failed to pay our Fees; or
16.4.3 After giving 14 days’ written notice that we are unable to meet your needs;
16.4.4 This Agreement will terminate immediately in the event of your death and (for the avoidance of doubt) your estate will remain responsible for paying all outstanding fees.
17.1 No party who is not a party to this Agreement is to have any right pursuant to the Contracts (Rights of Third Parties) Act 1999 to benefit from, or to enforce any provision of this Agreement and the parties to this Agreement may agree to cancel or vary the whole of any part of this Agreement without being required to seek or obtain the consent of any third party.
18.1 We will not accept any liability for any delay or failure to perform the services under this Agreement caused by events beyond our control.
19.1 We may transfer, assign, charge or deal in any other manner with all or any of our rights under this Agreement or may sub-contract any or all our obligations under it.
20.1 We may vary these terms and conditions in writing by giving you and/or your representative at least 2 weeks’ notice. If you do not agree to the variation you may terminate this Agreement in accordance with clause 16.
20.2 If any provision of this Agreement is found by a court or other competent authority to be invalid or unenforceable that shall not affect the validity of the remainder of the Agreement.
20.3 The Agreement, these terms and conditions and the Personal Care Plan constitute all the terms and conditions between you and us (subject to the variations allowed by those Terms and Conditions) and is made to supersede all previous agreements relating to your care.
20.4 You acknowledge that you have not been induced to enter into this Agreement by any representation or promise that the Agreement does not expressly contain.
20.5 Any notice required to be given by us under the Agreement shall be in writing and shall be delivered personally or sent by pre-paid first-class post, recorded delivery or by courier.
20.6 This Agreement shall be construed in accordance with the laws of England and Wales and shall be subject to exclusive jurisdiction of the Courts of England and Wales.
Schedule of Fees
Live in care – Single person - £900 per week
Live in care – A couple living together - £1030 per week.
Carer Visits – Day-time – 7.00 am to 10.00 pm
Monday to Sunday Inc. £16 per hour
Carer Visits – Night-time – 10.00 pm to 07.00 am
Monday to Sunday Inc.
£13 per hour
Sleep in (disturbed more than 3 times)
£16 per hour
Stay awake service
£18 per hour
Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day will be charged at £27 per hour.
Initial Assessment Fee: £80
Travelling Expenses: Each assignment will be subject to a mileage charge calculated at the rate of 25 pence per mile (subject to review in accordance with clause 6 of this Agreement).
Permanent Engagement Fee: In accordance with clause 8 of this Agreement, if you employ or engage the Care Giver directly, we reserve the right to charge you a reasonable fee to cover our costs in recruiting and training an alternative Carer which shall be a minimum of £500; alternatively you must hire the Carer under the same terms for a further 6 months following you giving notice to us.
Introduction Fee: In accordance with clause 8 of this Agreement, if you introduce the Carer to a third party which results in their employment or engagement, we reserve the right to charge a fee which shall be a minimum of £500.
Cancellation Fee: The cost of the scheduled assignment.
Service Suspension Fee: 50% of the applicable daily rate stated in the Fee Schedule.
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Signed by Katie Keating
Signed On: 2 February 2021
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Document Name: Client Agreement 020221
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