All of these terms and conditions of business are between the agency (Angel Touch Care Agency) and either the purchaser (the employing client), and/or the service user (client receiving the services).
In order for these terms and conditions to be deemed as having been accepted as the foundation of a contractual agreement between Angel Touch Care Agency and the employing client and/or the client receiving the services, the terms and conditions will have been made available to the employing client at either a meeting, or in communication between an authorised representative of Angel Touch Care Agency and the purchaser accepting the care services from the agency.
Requests for copies of these terms and conditions can be made to the registered office of the agency.
The agency is an agent for care and home assistants (care workers).
Angel Touch Care Agency introduces employed care workers to the employing client and/or client receiving the services, and accepts responsibility for both the collection of fees owing from the purchaser, and the payment of those fees to the care worker. In addition, the agency will deduct applicable contributions in respect of national insurance and income tax, and this will be done in accordance with Section 134 of the Income and Corporation Taxes Act 1988 and any related legislation.
No information contained in any correspondence issued by the agency will form any part of these terms and conditions of business, unless stated otherwise.
The agency will notify the purchaser or service user of the charges for the provision of the care services they require before the commencement of the said services. In addition, these charges will be confirmed in writing, either by a letter signed by an authorised representative of the agency, or by the provision of the current agency price list. Should any special terms or charges be agreed with the purchaser, they must be confirmed in writing by an authorised representative of the agency. It will be assumed that no special terms and charges exist in the absence of this written confirmation.
Normally the agency price list will be reviewed annually, but it is at the discretion of the agency to review its charges at any chosen period, and they reserve the right to do so. A notice period of a minimum of two weeks will be given to purchasers, in writing, in advance of any intention to review charges. Any consequent changes to the charges for services will be notified to the purchaser in writing.
Other expenses and charges may be agreed between the agency and the purchaser, and these additional costs will be comprehensively detailed on any invoices issued by the agency.
LONG TERM CARE POLICIES
Should the purchaser or service user intend to claim any benefits from a policy or contract with an insurance company, whether covering full or part payment of the care charges, the payments will be subject to direct clearance by the insurance company to the agency. In addition, any such arrangements must be permitted by the agency before the provision of services begins.
The purchaser and or service user agrees to take on the responsibility to pay any deficit in payments made by the said insurance company that has been accepted by the agency to pay the service charges. Instances when this could occur include changes to the personal financial situation or taxation circumstances of the service user, or any changes to laws related to taxation that may affect policies and contracts.
MEDICAL INSURANCE POLICIES
It is the responsibility of the purchaser or service user to arrange the reimbursement of agency fees that they may feel they are entitled to by a private medical company. Invoices will not be sent directly to these companies for payment, and the agency cannot enter into any discussion or arrangement with such companies on the behalf of the service user.
Information can be provided by the agency’s registered office in relation to financial assistance and state benefits. However, the efficacy of any financial advice offered or given to the service user is not the responsibility of the agency.
At the point of presentation, the invoice becomes payable.
The agency reserves the right to charge interest on any monies owing after 28 days from the date of invoice. This rate will be 5% above base rate and, until the time that all monies overdue are paid, the interest will be calculated daily on the outstanding amount.
The agency’s intention to charge interest will be confirmed 7 days in advance, in writing, to the purchaser, service user or authorised representative. If non-payment, or delayed payment, of invoices continues the agency also reserves the right to give 7 days written notice to cancel the supply of care workers to the service user.
The right to charge a cancellation fee to the purchaser is reserved by the agency, should less than 24 hours notice be given to cancel any service that the agency has already agreed to provide a care worker for.
On the wish to terminate the care service being provided, the purchaser or service user must give the agency 48 hours notice. The agency reserves the right to charge a fee for a maximum period of 48 hours if less than 48 hours notice is given (transfers to hospital, residential or nursing home, and bereavement are all exceptions).
Care worker references and employment information will be kept confidential by the agency, and only if the purchaser requests in writing sight of the said information will it be shared, even then this will only be done with the express consent of the care worker. This information must be kept confidential by the purchaser.
Angel Touch accepts without question that all information it holds about service users and their health or personal affairs is held in strict confidence. For this reason, no such information will be passed on to any other parties unless the service user, the purchaser or their authorised representatives give written consent. The only exception to this would be the need to pass medical information as a transaction in a professional manner between the agency’s care workers and a member of the medical profession or the service user’s social worker.
LIMITS OF LIABILITY
For all people that are directly employed by the agency, liability is accepted for all of their actions that occur as a direct result of their employment.
It is an accepted responsibility of the agency to take all reasonable measures they can to ensure that the care workers they employ for introduction with service users are considered to be reliable, and to explore the standard of skill, care and integrity that the care workers will deliver.
The agency cannot accept liability for events out of its control, such as acts of god, civil commotion, strikes or labour disturbances.
For acts proven by law as the liability of the agency, it has arranged a public and employers liability insurance policy to ensure it is protected against costs incurred.
The agency and its care workers are indemnified by the service user or purchaser for loss, damage, personal injury or death that caused by the negligence of the service user or purchaser, or by their default under the terms of this agreement.
To ensure satisfaction of the standard of work provided by the care worker, it is up to the service user, purchaser or another authorised representative to supervise the care worker during their period of caring.
If at any point the service user, purchaser or authorised representative becomes dissatisfied with the standard of performance by the care worker, they should bring it to the attention of the care worker and, if necessary and appropriate, ask them to terminate the assignment. The agency must be notified of any such occurrence so that they can, if it is reasonable to do so, make every attempt to continue the provision of care with another worker in place.
There will still be a responsibility for the purchaser and/or service user to pay the agency’s charges for the hours worked by the care worker before the assignment termination by the service user/purchaser.
It is the responsibility of the service user, purchaser or authorised representative to confirm the hours worked by the care workers by signing the timesheets provided by them at the end of each week throughout the assignment.
The agency will do it’s very best to ensure a high standard of care through the provision of a reliable, impeccable service. However, a comprehensive complaints procedure has been designed, of which every service user will receive a printed copy with their service user guide. Copies can be requested from the agency office or any subsequent branches.
NON COMPETITION CLAUSE
Should any agency care worker be employed directly by a purchaser or another agency offering care to the purchaser in competition with the agency, an introductory fee of 15% of that care workers annual salary will become payable to the agency by the purchaser.
These are the terms and conditions of business between the agency and the purchaser and/or service user. No variations of these terms and conditions shall be binding unless they are agreed upon by agency and purchaser and/or service user, and the agreement must be confirmed in writing. Any variations arranged in writing shall form part of the agreement between purchaser and/or service user and the agency, and together with these terms and conditions will make up the whole business agreement for the provision of services by Angel Touch to the service user.