Terms and Conditions of Business

Introduction:

The Terms and Conditions of Business set out below will be made available to the Service user prior to signing the agreement. Acceptance by the Service user of the provision of care and associated services via the Provider will constitute acceptance of these Terms and Condition and Business (including any revised versions). A contractual agreement between the Provider and the Service user and these Terms and Conditions of the Business will be binding whether or not signed by the Service user. The Service user will receive a copy of the Provider Service user Guide with these Terms and Copies of the Business.

Definitions within the term and conditions:

• The “Provider” and related words apply to DKL Care Ltd.
• “Service User” refers to any individual or organisation those whose contracts to the services provided by the “Provider”
• “Contract” refers to the Schedule of Chargeable Fees, agreed scope of work as arranged between “The Provider” and the “Service User or Organisation”, these Terms and Conditions of Business and any other document or term incorporated into a contract between “The Provider and the Services User or Organisation”.
• “Support Worker” refers to any suitable employee of DKL Care Ltd who provides Care support to the Service user.
• “Authorised Representative” Person or persons other than the Service user who has authority to deal with the financial /Welfare matters, in particular but not limited to the payment of invoices in respect of care and support services provided for the Service users.

Charges:

• The Provider fees for the care and associated services provided by its employees (Support Worker) will be agreed with the Service user or Authorised Representative (or by any authorised representative of the Local authorities) before commencement of such service and will be confirmed by the terms and conditions signed by an authorised representative of the Provider.
• All charges are calculated by the number of hours worked by the Support worker during the assignment. Variations may be agreed between you and the Provider and will take effect from the date of the agreement.
• Any special charges or terms agreed between the Service user or Authorised Representative (or by any authorised representative of the Local Authorities, Social Services will be confirmed in writing, by an authorised representative of the Provider and in the absence of such written confirmation, it will be assumed that no special charges or terms exists. Any subsequent amendments to the DKL Care’s fees will be notified to the Service user, or Authorised Representative, in writing, to the Service user or Authorised Representative. 

• Fees invoices are raised 4 weekly. Payments are due within seven days of receipt of invoice and must be paid by cheque, standing order / direct debit or electronically into DKL Care Ltd account whose details are indicated on the invoice. The charge shall be the charge stated in the contract. Invoices with a breakdown of the service will be provided by the Provider to the Service user or Authorised Representative. On fortnightly basis, payable in advance at the start of the wee in which care services are to be provided.
• The Provider fees are reviewed yearly, but the Provider reserves the right to implement more regular review of charges. The result of any such review will be notified to the Service user, in writing as soon as practicable and with a minimum 28 days notice of any increase in charges. 
• Payment of fess for care and associated services provided will be the responsibility of the Service user or Authorised Representative (or Social Services and where the Service user is funded by the Social Services – Renfrewshire). 
• For Service users who are Social Services funded, invoices or other agreed form of submission of confirmation of the services the Provider has provided, to Social Services and as agreed by an authorised representative of the Company. Should the funding from Social Services cease the full responsibility for the payment of fees for care and associated services provided will revert to the Service user or Authorised Representative in full. 
• Invoices are payable in full within seven days of the date of invoice issued. The Provider reserves the right to charge interest, on daily basis at a rate of 5% above the Bank of England base rate, in the event of non-payment. The Provider needs at least 14 days payment in advance for all respite or short-term agreements of four weeks or less. 
• The Provider reserves the right to charge the Service user, at the agreed rate as set out in the Agreement, for additional hours worked by the Support worker beyond that which has document in Agreement.

Late Payment:

• If a payment is not received in full by the due date the Provider, reserves the right to charge interest at 10% on any overdue sums until the amount is paid in full.
• The Provider reserve the right to recover from the service user or the authorised representative all direct expenses reasonably incurred by the Provider in the collection of any overdue sum. 
• The Provider will normally give a minimum of 28 days advance notice of its intention to change its scale of charges. The Provider reserves the right to refuse to the supply of services in the event of your failure to make payment within the stipulated payment terms. 
• Notwithstanding any provision in the contract, the Provider shall be entitled to maintain an action for the total payment or balance thereof any time after the date when payment is due.

Termination of Contract/Service:

• The Service user is entitled to cancel the Agreement, without giving reason, within the cancellation period. The cancellation within the cancellation period will entitle the service users to a full refund of any money paid to the Provider in accordance with the agreement, provided the service user has not been in receipt of services by the Provider.
• If the Service user decide to cancel the agreement within the cancellation period and services by the Provider have commenced, the service user is liable to pay the Provider charges for the supply of services up to the date of termination of the supply of services by the Provider. 
• If an agreement is cancelled by the service user within 24 hours of and agreed start date, the Provider reserves the right to charge the service user of 3 working days of the service in accordance with the agreed rate as set out in the Agreement.
• If the Service user wishes to terminate the contract with the Provider, then the service user must give a minimum 28 days notice. The Provider reserves the right to charge for 48 hours where adequate notice is not received. 

The Provider reserve the right to give two weeks’ notice for termination of the contract. 

The Provider may give notice of termination if any of the following events occur:

• If the service user fails to pay any sum payable under this agreement on its due date (whether previously demanded or not)
• A bankruptcy petition is present against the Service user, or the service user has a bankruptcy order, or in Scotland becomes bankrupt or is sequestrated.
• The service user commits any breach of terms and conditions (where explicit or implied) of this agreement:
• Any attachment order is made against the Service user, or any distress diligence execution or other legal process is levied on any property of the Service user.
• The service user exhibits behaviour which the provider considers persistently unsociable to such an extent that seriously affect the wellbeing of staff working at the agency. Where the Provider reasonably perceives a significant risk of harm to a Support worker or that the health and safety of those involved in the care and support is compromised, the Provider may give immediate notice (0days) terminating the service and the Agreement.  
• The Provider and Service users are entitled to terminate the agreement by either giving 7 days (for hourly care) written and signed notice to the other party. (Notice can be deemed to have been given to the other party). (Notice can be deemed to have been given if sent by email by the Service user or the Authorised Representative.
• The Provider is entitled to terminate the Agreement by written notice to the Service user if the Service user commits a breach of Agreement and in the case of breach of capable of resolution, fails to reach a resolution within 14 days after the written notice providing details of the breach and the requirements for the it to be remedied. The Service user will be responsible for payment of all charges up to the point at which the service and /or Agreement is terminated. 

Changes to the Agreement:

• This Agreement may be cancelled, or hours changed by either party by giving appropriate notice in writing. A minimum of 7 days’ notice for hourly care, for either notice of cancellation or change of hours, unless a different agreement is negotiated and agree between both.
• If the Service user decides to terminate a Support workers service at any time and for any reason during a single visit or to cancel a single visit less than 48 hours’ notice, the Provider reserves the right to charge the Service user for the full single visit in accordance with the Agreement.
• In circumstances where the agreed hours of care are significantly changed due to circumstances out of the Provider’s control. e.g. by the Service user or by Authorised representative. Then if the Provider reasonably perceives that it cannot safely provide the requested changes to the provision of care, then the Provider is entitled to give immediate notice(0days) terminating the service and the Agreement.  

Hospital/Holidays:

• The Provider reserves the right to charge half the invoice the week the service users is away either on holiday or hospital for a maximum period of two weeks. 
• If the Service user requires hospital admission or emergency respite care, the Agreement can be on hold for 14 days or longer if mutually agreed between the service user and the Provider. To ensure provision of care may recommence upon discharge from the hospital or respite care, (preferably on the date of Service user’s 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 Service users care will be required prior to recommence service.

Complaints

• The Service provider aims to ensure that all service users are given the highest quality of care and service. However, if a service user feels aggravated or unsatisfied with the service of a Support worker or the Provider, a clearly defined complaints procedure exists, and full details are set out on DKL Care policy and procedure.

Data Protection

• Personal information relating to the Service user will be held with the Provider during the Service user Agreement with the Provider and for a statutory period required afterwards. By accepting these terms of business (in accordance with Data Protection Act 1998) you agree that the information provided to the Provider may be used by the Provider to comply with its obligations contained in Terms of Business and Employment Protection and other regulatory bodies and in particular the Provider may share such and keep records of such in complying with Data Protection Act 1998. 

Confidentiality:

• The Provider accepts that all information it holds regarding Service users’ states of health or personal affairs is held in confidence. No such information will be given to the Authorised representative without the consent of the Service user or their Authorised representatives. Exceptions to this rule include provision of relevant medical or other information which would form the basis of a normal profession interchange between Support Worker and qualified medical practitioner, O.T, district nurse or Social Workers.
• The professional references and other information obtained by the Provider in respect of Support Workers are Confidential and can only be shared to the service user in exceptional circumstances. In the event of such, any information shared with the Service user will be provided strictly in confidence and must not be shared or transmitted in any form by the Service user too any Authorised representative.

Liability:

• The Provider shall not be liable, under any circumstances, for any loss, damage, or expense suffered, or incurred by the Service User arising from, or in any way connected to the Support worker provided to the Service users by the Provider. The Provider takes all reasonable steps, in line with the industry standards to investigate and verify the standard of skill, care, integrity and reliability of the Support workers introduced by it. 
• “The Provider” has adequate insurance cover. This will be assessed and investigated before a sum of insurance is paid. 

Breakages and damages in Service User’s homes

• It is the responsibility of the Service users and /or their Authorised representative to give clear, proper and adequate instructions for the use of items or electrical equipment in the Service user’s home.   

Alternative Health Support Care Worker

• The Provider will endeavour to send the same Support Worker or Team of Support workers as requested. However, this cannot guaranteed that a particular Support worker / Team of Support workers will be able to remain with you throughout the entire period during which you require services of the Support worker due to holidays, sickness and other staffing reasons outside the Provider’s control. The Provider will use all reasonable efforts to inform the Service user when regular Support Workers cannot attend.  

Equal Opportunities

• The Provider operates an equal opportunities policy and makes no discrimination based on age, race, religion, gender, sexual orientation, marital status or disability. The Provider will not accept unlawful discriminatory requests.

Support workers Obligations.

The Support worker will:

• Follow all Providers policies and procedures whilst carrying out services for the Service user and act and always conduct themselves in a professional manner.

The Support worker will NOT:

• Use the Service user’s telephones, land line or mobiles or internet for personal use other than on the Service user’s behalf.  The Provider will not accept responsibility for any Service user telephone Bills. 
• Accept gifts from the Service user, lend or borrow money or any items e.g. mobile chargers from the Service user without prior approval from the Provider and the Authorised persons for the Service user. 
• Smoke, take drugs or drink alcohol in the Service user’s home. 

Provider’s Obligations:

The Provider shall:

• Take every reasonable precaution to ensure the suitability of all Support staff recruited by them in accordance with the Provider and Regulatory authorities such as Local Authority, SSSC, Care Inspectorate policies and procedures.
• Undertake full criminal record checks via the Disclosure Scotland Scheme before recruiting Support workers.
• Carry out necessary risk assessments and health and safety checks on Service users prior to commencement of service or within 24 -48 hours of service commencement in an emergency. 

Service user Expectations:

• We expect the Service user to have a high expectation from us as a Provider and in the quality of care delivered. Equally our Care staff expect to be treated with respect, not to be exploited in any way. We value our Support workers and Service users, and we would expect that we always treat either party respectfully. The Provider reserves the right to inform appropriate Local authorities where a Support worker has experienced harassment or discrimination of any type whilst providing services to a Service user will be treated very seriously.

Permanent Engagement of Carers:

The Service user recognises that the Provider has significantly invested time and resources in employing and training qualified Support worker to enable the operation of the business of the Provider.  Where the Service user wishes to engage the Support worker in direct employment or introduce him/her to an Authorised representative of direct employment, the following conditions shall apply:

• Firstly, the Service user will notify the Provider immediately
• The Service user will retain the services of the Support worker as an employee of “The Provider” for a further period of 4 weeks.
• The Service user will pay “DKL Care Ltd” the sum of £4000.00
• In addition, the Service user hereby undertakes not to entice or solicit services provided by the Support worker the Provider to work directly for them.
• To discourage such practice a charge of £4000.00 will be made to the Provider in the event the Service user engaging the Support worker for work for them within 24 hours of leaving the Provider.

Force Majeure

The Provider will use its reasonable endeavours to provide the service but, should the Provider’s ability to do so be interrupted with by event of force majeure, the Provider’s obligation will be suspended while the interference or interruptions continue, The Provider  will not be liable to you for any loss you may suffer or costs incurred by you as a result of the interference or interruption in respect of any acts of God, riots, civil commotion, fire, floods, storm, other industrial disputes, war, strikes or labour disturbances or any other.