ShineCare Terms of Service.

Terms of Service

We beleve in transparancy, below is a copy of our full Terms of Service.

Last updated: 12 October 2018

The following terms are used in this document:

‘Agreement’ means the Agreement between You and us set out in the signed Agreement and these Terms and Conditions (as varied from time to time in accordance with these Terms and Conditions).

‘Cancellation Notice’ means the cancellation notice contained in the Notice of Your Right to Cancel set out at the end of these Terms and Conditions.

‘Care Manager’ means the care manager notified to You in the Client’s Guide.

‘Care Plan’ means a written description, prepared by us, describing the nature and level of Services which You have requested We supply to You, as amended from time to time.

‘Careworker’ means the person providing the Service on our behalf. (Where more than one person is providing the service for You, “Careworker” should be read as “Careworkers” in this Agreement).

‘Complaints Procedure’ means the complaints and/or feedback procedure referred to at clause 7.1 and contained in the Client Guide.

‘Days’ means calendar days.

‘Electronic Monitoring’ the means of recording the time spent by the Careworker providing the Service.

‘Engagement’ means the direct employment or engagement of a Careworker by You under any arrangement for the provision of services or the Services and “Engage” shall be construed accordingly.

‘Fees’ means the fees for the Service notified to You initially in the Fee Schedule and as amended in accordance with these Terms and Conditions from time to time.

‘Fee Schedule’ means the schedule, provided by us, setting out the Fees payable by You / on Your behalf for the Services (as amended in accordance with these Terms and Conditions from time to time).

‘Home’ means Your home address.

‘Sensitive Personal Data’ this term shall have the same meaning as in the Data Protection Act 1998 (namely personal information about You and in particular Your racial or ethnic origin, political opinions, religious beliefs or other beliefs of a similar nature, membership of a trade union, medical or physical health or condition, sexuality or the commission or alleged commission of any offence). For the avoidance of doubt, We adhere to the Data Protection Act 1998 and We will never misuse Your data.

‘Service’ or ‘Services’ the managed homecare services to be provided by us to You at Your Home (or if Your Care Plan includes it) assistance with activities outside Your home, provided in accordance with this Agreement.

‘Statutory Regulator’ Where the Service You require is subject to regulation, We are required to be registered with the Care Quality Commission. Contact details for the Statutory Regulator are provided in the Client Guide, and upon request.

‘We’, ‘Us’ or ‘Our’ Shine Care Limited. Registered office address 41a Hill Top Road, Newmillerdam, Wakefield, WF2 6PZ. Registered in England and Wales, company number 07609588.

‘You’, ‘the Client’ the person to whom the Service is being provided by us.

Your Care

Section 1

1.1 Your Care - We will offer care which reflects Your needs and preferences and, in particular:

(a) We will visit You and Your Home to discuss Your care requirements before We commence the Service or, in emergency situations, at the earliest opportunity;

(b) We will work with You, Your family and any appropriate external social or health care professionals to carry out an assessment of Your needs and preferences for care and treatment which We will record in a Care Plan;

(c) We will enable and support You to be involved in decisions about the planning of Your care;

(d) We will design Our care and services with a view to ensuring Your wellbeing;

(e) We will make reasonable adjustments, where required, to meet Your individual needs;

(f) We will ensure that We have suitable facilities to meet Your needs and ensure Your safety; and

(g) We will assess the risks to Your health and safety of receiving care and do all that is reasonably practicable to mitigate such risks.

1.2 You will inform Us and keep Us informed of all information which may be relevant to the Care Plan including, but not limited to, Your likes, dislikes, allergies, and lifestyle preferences, physical and medical conditions

1.3 If You are unable to express Your preferences due to lack of capacity We will act in accordance with Your best interests when making decisions on Your behalf.

1.4 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, subject to the health, safety and welfare of Our staff. We will encourage You to manage Your own care as much as practicable.

1.5 We will seek Your consent before giving any personal care to You. The care We provide will be appropriate and safe and will be provided by suitable staff.

1.6 We will take appropriate steps to prevent You from being abused or subject to improper treatment and We will respond promptly to allegations of abuse. We will deal with complaints in accordance with Our Complaints Procedure.

1.7 We will provide the Service set out in the Care Plan to You.

1.8 We will formally review the Care Plan:

(a) 3 weeks after commencement of the Service,

(b) on a six monthly basis thereafter;

(c) at Your reasonable request;

(d) when it is apparent to Us that Your circumstances have changed; and/or

(e) at any other time as We consider appropriate or desirable.

1.9 We will review the Care Plan with You, Your family and, where applicable, any other appropriate external social or health care professionals. You shall use Your best endeavours to participate in the review of the Care Plan.

1.10 If Your needs change or increase to a level which cannot be met by Us, We will tell You without delay, and will endeavour to discuss alternative arrangements, and agree a mutually acceptable solution with You. We will continue to provide the Service to You during this period (unless We have given You notice to terminate under clause 13.7(c) and this Agreement has been terminated.

Our Fees

Section 2

2.1 We reserve the right to charge an initial one-off assessment fee (as detailed in the Fee Schedule) for our time and expertise in assessing Your needs and the appropriate Service and Care Plan to meet those needs.

2.2 We reserve the right to charge a deposit (as detailed in the Fee Schedule) in respect of the Fees if We consider (in our absolute discretion) it necessary. You shall only be entitled to a refund of the deposit if this Agreement is terminated in accordance with these Terms and Conditions. You shall not be entitled to any interest on the refunded deposit.

2.3 We shall notify You prior to commencing each assignment the basis on which our fee will be calculated, which may be:

(a) the time spent in hours providing the Service at the rates set out in the Fee Schedule (the means of recording the time spent providing the Service will be by way of Electronic Monitoring), and/or

(b) the unit rate per episode as set out in the Fee Schedule (the means of recording the number of episodes will be by way of Electronic Monitoring).

2.4 You will pay our Fees in accordance with the Fee Schedule. All fees will be paid by direct debit of the Friday before the care to be provided in following week commencing on the Monday.

2.5 Where emergency care is required, We will agree an additional Fee before such care is provided and this will be paid before we provide the emergency care. We will not be obliged to carry out any emergency care until the Fees have been paid.

2.6 We reserve the right, in the event that You have failed to pay the Fees, to:-

(a) suspend the Service in accordance with clause 12.1 until payment has been made in full; and/or

(b) set off any amount owing to us against the deposit notified to You in the Fee Schedule; and/or

(c) charge compound interest on such sum from the due date at the annual rate of 4% above the base lending rate from time to time of HSBC plc on a daily basis until payment is made, whether before or after any judgment and You shall pay interest immediately on demand.

2.7 We will be entitled to review and increase our Fees for the Service on an annual basis and at any other interval if:

(a) there is a change to the Service; and/or

(b) the cost of providing the Service increases; and/or

(c) a change is necessary in order to comply with any applicable safety, regulatory or statutory requirements.

2.8 Unless the increase in our Fees is because of a change to the Service We will give You and / or Your representative at least 2 weeks’ notice of any increase in our Fees.

2.9 If You do not agree to our increased Fees You may terminate this Agreement in accordance with clause 13.3.

2.10 No monies of any kind should be paid to the Careworker. You are not responsible for the Careworker’s National Insurance contributions or Income Tax.

Our Staff

Section 3

3.1 We will exercise reasonable care and skill to meet Your individual needs as set out in the Care Plan and to provide suitably trained, sufficiently skilled, experienced and competent Careworkers to provide the Service.

3.2 We will ensure that the Service is provided as close as reasonably possible to the times agreed between us from time to time. In the event that it is necessary for a Careworker to attend Your Home at a different time to that agreed, We will give You as much notice as possible.

3.3 We will endeavour to supply a named Careworker each time We supply the Service to You. However, annual leave, sickness, availability and unforeseen events may require us to supply an alternative Careworker. We will endeavour to give You as much advance notice as circumstances allow.

3.4 If a Careworker fails to attend Your Home, or You are not satisfied with the standard of the Service, You must notify us by telephone, without delay. This does not affect Your right to make a complaint in accordance with Our Complaints Procedure at a later stage.

3.5 Our Careworkers are not permitted to carry out the following tasks:

(a) heavy lifting of any kind, including lifting or moving You without appropriate equipment or a sufficient number of people to assist;

(b) household maintenance (including DIY tasks);

(c) assistance with Your finances, unless this is part of the Service specified in Your care plan;

Post Termination Restrictions

Section 4

4.1 In order to protect Our confidential information and business connections to which our Careworkers have access to as a result of their employment, You covenant with Us that You shall not for a period of 12 months post termination, solicit or endeavour to entice away from Us Our Careworkers either directly or via a third party.

Gifts and Payments

Section 5

5.1 The Careworker (or any other person employed by us) is not permitted to accept any gifts or tips. Please do not leave any items or money to the Careworker (or any other person employed by us) in Your will.

Your Home as a Workplace

Section 6

6.1 You will provide a safe environment and appropriate equipment to allow the Careworker to carry out the Service. This shall include:

(a) maintaining a generally clean and safe home free of risks and hazards;

(b) maintaining a safe route of access to and from Your home;

(c) providing any equipment supplied by You, or a third party, that is required to deliver Your care such as lifting and transfer aids, wheelchairs and other mobility aids;

(d) providing all domestic cleaning equipment such as vacuum cleaners, mops, irons etc;

(e) informing us of any communicable diseases in the household; and

(f) ensuring that any equipment supplied by You, or a third party, that is required to deliver Your care is regularly maintained and inspected in accordance with all relevant safety requirements.

6.2 We are required to ensure that Your Home and equipment is safe to use for the Provision of the Service. We will notify You if We find that Your Home or equipment is not safe and, where possible, assist You with making any necessary changes.

6.3 An entry plan for Your Home may be agreed with You and if so will appear in the Care Plan.

6.4 Your telephone must not be used by Careworkers except for the following reasons:

(a) You or they have a medical emergency. We will not be responsible for payment of Your telephone bills; or

(b) they have been given permission by Yourself. We will not be responsible for payment of Your telephone bills;

6.5 Any supplies and / or equipment to be made available by the Client and / or by Us are set out in the Care Plan. If You are responsible for any fees for supplies or equipment provided by Us, these will be set out in the Fee Schedule.

Gifts and Payments

Section 7

7.1 We will operate a feedback procedure by which You, or someone acting on Your behalf can make a complaint or suggestion in relation to the Service. This procedure is described in the Client Guide. Upon request We will also provide a copy of the procedure to any representative who is acting on Your behalf.

7.2 Should You have a reasonable cause to complain regarding the Service provided by us, please inform the Careworker as soon as possible, using the complaints procedure contained in the Client Guide.

7.3 In order to comply with the requirements of the Statutory Regulator or to monitor the quality of the Service, it may be necessary, from time to time, for a member of our staff to observe, supervise, or work with the Careworker in Your Home. We will give You as much notice as possible if any person other than the Careworker is to attend Your Home and You will use Your best endeavours to co-operate with us in respect of this clause.

7.4 You may be asked to participate in user satisfaction surveys, or to be interviewed in person:

(a) as part of our quality assurance procedures; or

(b) at the request of the Statutory Regulator.

7.5 You are not obliged to reply to satisfaction surveys or interviews. We will always request Your consent before We commence any Service monitoring in Your Home.

Helpline

Section 8

8.1 We will operate an office hours telephone helpline, and an out of hours telephone helpline, as specified in the Client Guide. This line can be used in relation to problems such as: Your care needs changing, or Your Careworker not arriving as expected. For the avoidance of doubt, this telephone number should not be used for medical or other emergencies.

Confidentiality

Section 9

9.1 We will respect Your privacy and confidentiality but You agree that We may disclose confidential information (including Sensitive Personal Data) about You to our Careworkers or to any other person if We believe such disclosure is in Your best interest; is appropriate for the performance of the Service; or is required as a matter of law. Details of Your name, address and payment record may be submitted to a credit reference agency. If another person or organisation is paying Your fees, and / or has agreed to guarantee Your obligations under this Agreement, details of their name, address and payment record may also be submitted to a credit reference agency.

9.2 You agree that We may disclose personal data (including sensitive personal data) about the Careworker and that such information is strictly confidential. You also agree that You will not disclose, either directly or indirectly, such information to any other person, company or firm for any reason unless such disclosure is required by law, the Statutory Regulator or any relevant local authority.

Records

Section 10

10.1 We will ensure that the Careworker shall keep a daily record of the care You receive, any assistance with Your medication and any other significant information. Unless specified otherwise in the Care Plan these records will be kept on our chosen online application while they are in use. You will have access online using login details that will be provided to you as part of the setup process. We are required to keep these records and they remain our property. We will provide You with copies at Your request if for any reason you are unable to access them online.

Insurance & Iiability

Section 11

11.1 Our current insurance cover for public liability insurance in respect of any one claim is £10 million.

11.2 We are responsible for loss or damage that is a foreseeable result of Our breach of this Agreement or Our negligence, but We are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this Agreement.

11.3 You will ensure that, at all times during which the Services are being provided:

(a) You have in place suitable building and contents insurance to cover accidental damage to Your home or its contents; and

(b) where the Services include Our Careworker driving Your motor vehicle, that You have suitable motor insurance to cover damage caused by the use of the motor vehicle by the Careworker to passengers, Your vehicle and / or third parties or their property.

11.4 Nothing in this Agreement limits or excludes Our liability:

(a) for death or personal injury resulting from Our negligence;

(b) for any damage or liability incurred by You as a result of fraud or fraudulent misrepresentation; or

(c) for Our failure to comply with any term implied into this contract by the Supply of Goods and Services Act 1982.

Withdrawal of the Service

Section 12

12.1 We reserve the right to withdraw a Careworker and/or to cancel this Agreement with immediate effect in circumstances which make the continued provision of the Service untenable. Such circumstances would include (but would not be limited to) failure by You, or someone else at Your home to provide a safe environment and/or appropriate equipment for the Service, sexual or racial harassment, extreme alcohol consumption, unreasonable behaviour or requests that a Careworker undertake unreasonable or illegal activities.

12.2 Smoking: for the health and safety of our staff We ask You and anyone else present in Your home, to refrain from smoking and ventilate any room in that will be used for Your care for at least one hour before the agreed time. If You smoke while Your Careworker is with You, the Careworker will be obliged to leave Your home for the duration of Your smoking and shall not be permitted to re-enter Your he until 1 hour after You last smoked, in accordance with our smoke-free workplace policy. Any additional requirements or any variation to this clause will be specified in Your Care Plan.

Cancellations & Termination

Section 13

13.1 You can cancel the Service at any time (and for any reason) within 14 days of the date of this Agreement (the “Cancellation Period”). Further information on this right is contained in the Notice of Your Right to Cancel attached to this Agreement.

13.2 We are not permitted to provide the Service during the Cancellation Period unless You give Us Your consent. If You want to give Your consent, please do so by signing the section headed Consent to Provide Services within the Cancellation Period.

13.3 In all other cases, You must give us at least 28 days’ notice in writing if You no longer require the Service or want to suspend the Service for a period of time. If You give less than 28 days’ notice We reserve the right to charge a Cancellation Fee or a Service Suspension Fee as set out in the Fee Schedule.

13.4 Please note if You suspend the service for a period of time in accordance with clause 13.3 We cannot guarantee that the same Careworker will attend Your Home when You resume the Service.

13.5 In the event that You wish to cancel an individual assignment You must give us at least 48 hours’ notice otherwise You will be charged for the assignment in full.

13.6 If cancellation of an assignment arises as a result of Your admission 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.

13.7 We may terminate this Agreement:

(a) by giving 7 days’ written notice for any reason; or

(b) after giving 7 days’ written notice that You have failed to pay the Fees; or

(c) after giving 7 days’ written notice that We are unable to meet Your needs, in accordance with clause 1.10.

13.8 This Agreement will terminate immediately in the event of Your death and (for the avoidance of doubt) Your estate will remain responsible for paying any outstanding fees.

Third Party Rights

Section 14

14.1 No person 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.

Third Party Rights

Section 15

15.1 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations for any reason outside of our reasonable control. For example, in some cases the Careworker may attend at other times than agreed due to emergency situations or disruption due to severe weather (and in which case, We will contact You to confirm alternative arrangements).

15.2 You will not be liable or responsible for any failure to perform or delay in performance of any of Your obligations for any reason beyond Your reasonable control.

Assignment

Section 16

16.1 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 of our obligations under it.

General

Section 17

17.1 We may vary these terms and conditions in writing by giving You and / or Your representative at least 7 days’ notice. If You do not agree to the variation You may terminate this Agreement in accordance with clause 13.3.

17.2 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 this Agreement.

17.3 The Agreement, these Terms and Conditions and the Care Plan constitute all the terms and conditions between You and us (subject to the variations allowed for by those Terms and Conditions) and is made to supersede all previous agreements and arrangements relating Your care.

17.4 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 (but this clause shall not exclude any liability for any representation made by us that was made fraudulently).

17.5 Unless We agree with You otherwise, any notice required to be given to 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. Any notice required under the Agreement shall not be validly served if sent by other means.

17.6 This Agreement shall be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

17.7We are a member of the United Kingdom Homecare Association (UKHCA) and adhere to the UKHCA Code of Practice, available at www.ukhca.co.uk/codeofpractice.aspx.

Fee Schedule

Section 18

Initial Assessment Fee: £100.

Deposit: 7 x the applicable daily rate.

Travelling Expenses: Each assignment will be subject to a mileage charge calculated at the rate of 45 pence per mile (subject to review in accordance with clause 2.7 of this Agreement).

Cancellation Fee: The cost of the scheduled assignment.

Service Suspension Fee: 50% of the applicable daily rate stated in the Fee Schedule.

Notice of Your Right to Cancel

Section 19

19.1.1 You have the right to cancel this Agreement within 14 days without giving any reason.

19.1.2 The cancellation period will expire after 14 days from the day this Agreement is entered into.

19.1.3 To exercise the right to cancel, You must inform Us of Your decision to cancel this Agreement by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the Model Cancellation Form that follows this Notice but You do not have to.

19.1.4 Our contact details for informing Us of Your decision to cancel are as follows:-

Shine Care Limited
41a Hill Top Road
Newmillerdam
Wakefield
WF2 6PZ

Telephone: 0191 653 1055

Email: info@shinecareathome.co.uk

19.1.5 To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired.

19.2 Effect of cancellation

19.2.1 If You requested Us to begin the performance of services during the cancellation period, You shall pay Us an amount which is in proportion to the Services that have been performed until You have communicated to Us Your cancellation of this Agreement in comparison with the full coverage of the Agreement.

19.2.2 If You have already made payment to Us (including any deposit), We will reimburse to You all payments received from You, less any amounts You owe to Us under 19.2.1.

19.2.3 We will make the reimbursement without undue delay, and not later than 14 days after the day on which We are informed about Your decision to cancel the Agreement.

19.2.4 We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.