Jane Lewis Health & Social Care
Provision of complex home care services
1.1 In these Terms of Business the following definitions apply:
“Care Package” means the document which sets out the number of hours support and the nature of that support agreed to be provided to you by JL from time to time.
“Client” means the person engaging JL to provide Services.
“Fees” means the fees payable by you to JL for provision of the Services.
“JL” means Chester Healthcare Limited trading as Jane Lewis Health & Social Care and/or any other divisions of Chester Healthcare Limited of Merchants house, Crook Street, Chester, CH1 2BE.
“Services” means the provision of home care services as set out in the Care Package.
“Support Worker” means any individual who is employed or engaged by JL to provide the Services.
1.2 Unless the context otherwise requires, references to the singular include the plural.
1.3 The headings contained in these Terms are for convenience only and do not affect their interpretation.
2. THE CONTRACT
2.1 These Terms, along with the Care Package, constitute the contract between the Client and JL for the supply of the Services and are deemed to be accepted by the Client by virtue of his/her request for the Services.
2.2 These Terms, along with the Care Package, contain the entire agreement between the parties and unless otherwise agreed in writing by a director of JL, these terms prevail over any terms of business or purchase conditions stipulated by the Client.
2.3 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between JL and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
2.4 If this contract (being these Terms and the relevant Care Package) is not signed by the person requiring the Services, the signatory shall warrant to JL and provide such evidence as JL may reasonably require that she/he has the power and the authority to sign on behalf of the person requiring the Services.
3. THE SERVICES
3.1 JL will supply the Services to the Client in accordance with the Care Package .
3.2 The Services shall be performed by such employees or agents that JL may choose as most appropriate to carry out the such Services.
3.3 JL ‘s aim is to always provide the Services:
3.3.1 using reasonable care and skill;
3.3.2 in compliance with commonly accepted practices and standards in domicilary care;
3.3.3 in compliance with relevant laws and regulations in force at the time the Services are delivered.
4.1 The Fees shall be as set out and agreed in the quotation provided by JL and agreed with the Client or, if no such quotation was provided or agreed, in accordance with JL’s current schedule of charges as may be amended by JL from time to time.
4.2 Payment of the Fees shall be made to JL in cleared funds within 30 days of the date of the JL’s invoice in respect of the Services.
4.3 JL shall be entitled to invoice the Client weekly or at such other intervals as may from time to time be agreed with the Client.
4.4 Any subsequent amendments to the Fees will be notified, in writing, to the Client. The Fees will normally be reviewed annually, but JL reserves the right, at its absolute discretion, to review the Fees at other intervals.
4.5 JL will give a minimum of 2 weeks advance notice of its intention to review the Fees.
4.6 Where the Services are to be provided for a period of 4 weeks or less, JL will require a pre-payment for the full period or as agreed by JL.
4.7 If the Client does not make a payment by the date stated in an invoice or as otherwise provided for in these Terms JL shall be entitled to charge interest on the outstanding amount at the rate of 5% per year above the base lending rate of HSBC Bank plc, accruing daily.
4.8 In the event that any part of the Services are cancelled by the Client (or a representative of the Client) within 24 hours of the planned provision of such Services, JL shall be entitled to charge the Client in full for such Services.
5. SUPPORT WORKER POLICIES AND PROCEDURES
5.1 The Client is responsible for ensuring that they provide JL with complete and sufficient information relating to the Client’s care needs to enable JL to provide an appropriate Support Worker and to enable JL to fulfil its obligations pursuant to these Terms and the Care Package agreed. Such information required is likely to include medical information. Any changes in this information during the provision of the Services should be notified to JL immediately. If, as a result in changes in the Client’s care needs, JL is no longer able to provide an appropriate Support Worker or to provide the Care Package required then it will inform the Client immediately.
5.2 Subject to the Client’s compliance with clause 5.1 above, JL is responsible for ensuring that the Support Worker delivering the Services has the necessary skills and knowledge to deliver such Services in accordance with the Care Package having regard to all the requirements of the Client. JL will monitor the Support Worker’s performance of the Services to ensure that they are being carried out satisfactorily by the Support Worker. If the Client finds the Support Worker unsatisfactory, the Client must notify JL immediately.
5.3 JL cannot guarantee that a particular Support Worker (or Support Workers where appropriate) will deliver the Services for the duration of the Care Package although JL will use reasonable endeavours to ensure continuity where possible.
5.4 In the event that JL is unable to provide Support Workers to deliver the Services on any particular day due to circumstances beyond JL’s control (for instance if a Support Worker falls ill and JL is unable to find an appropriate replacement) then JL will use reasonable endeavours to assist the Client. For the avoidance of doubt the Client will not be liable to pay Fees in relation to any period when JL is unable to deliver the Services and JL shall not be liable to meet the costs of any replacement agency or service utilised by the Client.
5.5 The Support Worker is not permitted to assist the Client in relation to making a will or codicil or to witness or benefit under the terms of any will or codicil made by the Client or to become involved in any other legal documentation.
5.6 The Client will co-operate with JL in relation to any assessment of the risks at the premises where the Services are to be carried out and will provide all relevant information upon request to JL.
5.7 JL has a policy regarding administering and/or assisting with medication. JL will provide a copy upon request to the Client and will require the Support Worker to comply with the policy. The policy will also define the limits of the Support Worker’s assistance and the tasks which may not be undertaken without specialist training. The Support Worker is also subject to JL’s policy regarding the safe handling of the Client’s money and property. The Client shall not request the Support Worker to act in any way which is a breach of these policies.
5.8 The Support Worker will seek the Client’s informed consent in relation to all aspects of care.
5.9 Where the Support Worker is supplied to a Client’s own home, any third party owned equipment in the home shall not be used by the Support Worker unless the equipment is in a safe condition and the necessary checks have been undertaken by the provider of the equipment.
5.10 Support Workers may only drive Client’s vehicle if covered by adequate insurance (this being the Client’s responsibility) and the Client will be responsible for checking that the Support Worker has a valid driving licence and that it meets the Client’s own insurance company’s policy and criteria. JL will not be liable to pay any insurance excesses payable to the Client’s insurance company in the event of an accident or any other claim made. JL reserves the right to ask the Client to provide a copy of their valid insurance policy or other proof that the relevant Support Worker is insured to drive the relevant vehicle. JL accepts no liability in respect of parking costs and fines or other motoring penalties incurred by the Support Worker during the course of provision of the Services.
5.11 No Support Worker should use the Client’s telephones (whether landlines or mobiles or the internet) other than on the Client’s behalf. JL cannot accept any responsibility for any Client’s telephone bills.
5.12 JL cannot accept any liability for any breakages/damages or other losses caused by Support Workers in the Client’s home. This should be covered under the Client’s household insurance contents policy. It is the Client’s responsibility to ensure that the household insurance policy covers the Client for having a Support Worker in the Client’s property.
5.13 It will be the responsibility of the Client and/or their representative to give clear, proper and adequate instructions for the use of items or electrical equipment in the Client’s home. JL will not accept any liability for any damage (whether direct or indirect) done by the Support Worker to any goods or equipment in the Client’s property.
5.14 Support Workers are not allowed to smoke, take drugs or drink alcohol in the Client’s home. JL respectfully request that Support Workers are not offered any of these whilst on duty, whatever the occasion. Support Workers are not permitted to accept gifts from Clients. Support Workers are not allowed to lend money to or borrow money from a Client.
5.15 JL expect Clients to have high expectations from JL as a company and in the care services delivered by JL. Equally, the Support Workers will expect to be treated with respect, not to be exploited in any way and to have the support of JL when needed. JL values its Support Workers and respectfully request that they are treated as one would expect to be treated. Any harassment or discrimination of any type will be treated very seriously.
6. LIVE IN CARE
6.1 Where the Services include the provision of live-in and/or overnight the provisions of this clause 6 will apply and, if there is any conflict between the terms in this clause 6 and any other terms, the terms of this clause 6 shall apply to the exclusion of the conflicting term.
6.2 Live-in care is based on a maximum of 10 hours on an average working day spread across the day and evening. Support Workers providing live-in care are entitled to, and it is the Client’s responsibility to facilitate, suitable accommodation including:
6.2.1 kitchen and food preparation facilities sufficient to prepare 3 basic meals per day or, if agreed in the Care Package, a daily food allowance at an agreed rate;
6.2.2 adequate and clean washing and toilet facilities;
6.2.3 adequate sleeping and rest areas which, unless otherwise agreed in the Care Package, will include their own room (preferably locakable) and clean bed linen;
6.2.4 such cleaning products and protective clothing as are necessary for the Support Worker to provide the Services.
6.3 Support Workers providing live-in care are also entitled to (and the Client should not interfere with):
6.3.1 a 2-hour break during daytime hours during which they can leave the Client property and/or have access to a private area where they have access to either a telephone or mobile phone reception; and
6.3.2 8 hours uninterrupted sleep in each 24-hour period. Whilst JL’s Support Workers will attend to emergencies during the night, if their sleep is persistently interrupted (i.e. being more than one night in a row where they are awoken on more than one occasion), JL shall have the option to suspend delivery of the Services whilst the Care Package is revised to safeguard the wellbeing of the Supportv Worker concerned which will be undertaken as soon as reasonably possible and in any event within 3 days.
6.4 JL reserve the right to charge the Client additional Fees in circumstances where the actions of the Client have interefered with or prevented the Support Worker from his/her entitlements pursuant to clauses 6.2 and 6.3 above.
6.5 JL are legally obliged to supervise its Support Workers providing live-in care and the Client hereby agrees to allow access to any person provising such supervisory role provided that the Client is given reasonable notice of the date, time and identity of the person visiting in such capacity.
7. CONFIDENTIALITY AND DATA PROTECTION
JL and the Support Worker will protect the confidentiality of information about the Client which is obtained during the course of delivery of the Services and the Client’s details, except where such information needs to be relayed to other health care agencies or professionals. The Client hereby consents to information about the Client being processed and stored by JL in accordance with the Data Protection laws.
8.1 JL will not be liable for any losses, liabilities, damages, costs, expenses or charges caused by JL or its employees or agents in circumstances where any such losses, liabilities, damages, costs, expenses or charges were:
8.1.1 not reasonably foreseeable to the JL and the Client when this contract was formed; or
8.1.2 not caused by any breach of this contract by JL.
8.2 For the avoidance of doubt, the JL does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.
8.3 JL will not be in breach of the contract nor liable for delay in performing, or failure to perform, any of its obligations under the contract if such delay or failure results from events, circumstances or causes beyond its reasonable control.
9.1 Without affecting any other right or remedy available to it, JL may terminate this agreement with immediate effect by giving notice to the Client if:
9.1.1 JL is no longer able to provide the Services required by the Client;
9.1.2 the Client fails to pay any amount due under the contract on the due date for payment and remains in default not less than 14 days after being notified to make such payment;
9.1.3 the Client commits a material breach of any term of the contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 7 days after being notified to do so;
9.1.4 the Client repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that his/her conduct is inconsistent with it having the intention or ability to give effect to the terms of the contract.
9.2 Either party may terminate the provision of the agreed “Care Package” for convenience by giving the other party no less than 4 weeks written notice.
9.3 Any amendments to the Care Package by the Client shall be considered a termination of the contract relating to the current Care Package and the commencement of a new contract relating to the revised Care Package subject to these terms and conditions. Consequently, clause 9.2 applies to any alteration to the Care Package requested by the Client and 4 weeks written notice is required.
9.4 During any notice period pursuant to clauses 9.2 and 9.3, the Client shall be liable for the Fees corresponding to the original Care Package and shall not be entitled to any reduction for cancellation of reduction in support hours required during such notice period.
10.1 Save as set out in clause 10.3 below, the Client shall not, without the prior written consent of JL, at any time from the date of commencement of the Services to the expiry of 12 months after the last date of provision of the Services, solicit or entice away from JL or employ or attempt to employ (whether directly or through another agency or similar organisation) any Support Worker or other employee of JL.
10.2 Any consent given by JL in accordance with clause 10.1 shall be subject to the Client paying to JL a sum equivalent to 15% of the annualised remuneration of the Support Worker or employee or, where this figure is not readily available, the average remuneration paid over the 3 month period immediately prior to the request for consent pursuant to clause 10.1 may be used to estimate an annual salary.
10.3 As an alternative to paying the sum set out in clause 9.2 above JL may agree an extended Care Package of at least 20 weeks duration with the Client commencing once written confirmation of the offer of employment is received by JL and agreed by the Support Worker.
All notices which are required to be given in accordance with this contract shall be in writing and may be delivered personally or by first class prepaid post to the registered office of JL or the most recent address of the Client provided by the Client to JL (as appropriate) or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered; if by first class post 48 hours following posting; and if by email or facsimile transmission, when that email or facsimile is sent.
If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
13. RIGHTS OF THIRD PARTIES
None of the provisions of these Terms is intended to be for the benefit of or enforceable by third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
Jane Lewis offers care packages across the North West of England and North Wales, including Chester, St Asaph, Crewe, Shrewsbury and Manchester.
For further information please contact Heather on 01270 303 114 or complete our online enquiry form.