Terms & conditions

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Summary of our Terms and Conditions  

Gardiner’s Homecare Limited (the “Provider”, “we”, “us”, “our”) will provide Homecare Services to the “Service User” (client).

Payment of our invoices is the responsibility of the “Purchaser”.

Full information on our Fees can be found in the Fee Rates Schedule.

Charges and additional fees apply for:

• when a Visit takes longer than planned.
• when a sleeping night duty becomes a waking night.
• when visits are cancelled.
• the Assessment of very small or short-term packages,
• posting paper copies of invoices and / or rosters.
• late payment of our Fees.
• soliciting our Care Worker to work for you or referring them to another employer.

Our Fees increase on an annual basis.

If the Service User is in receipt of direct payments, a personal budget, a personal health budget, or self-directed support, the cost of the services we provide may be more than the funding received from the local council or NHS Trust.   If there is any shortfall between the cost of the services we provide and the money received by direct payment, personal budget, personal health budget or self-directed support, it is the Purchaser’s responsibility to meet these additional costs.  We have no influence over the money received from any other body in respect of the Service User’s care.

The Service User’s care

We will visit the Service User and their Home to discuss care needs and preferences before we start delivering the Services.

We will work with the Service User (along with their family, medical and health professionals) to assess the Service User’s care needs and prepare a Care Plan. We will design the Care Plan and provide our Services so that the Service User can expect:

• to receive person-centred care, tailored to their needs and preferences;
• to be treated with dignity and respect at all times;
• to receive safe care and support, from staff who are suitably trained and competent;
• to be involved in decisions about the planning of their own care;
• to be supported to maintain their own wellbeing & remain independent; and
• that their consent will be sought before care is given to them.

The Service User’s Services will be designed for them, their individual circumstances and preferences and so the Services may differ slightly from the general services advertised on our website or other marketing materials.

We will provide the Services to the Service User within their own Home, in accordance with their Care Plan and commonly accepted practices and standards of a regulated domiciliary care provider.

We will agree the preferred times of the day when we will attend the Service User’s Home to deliver the Services. These preferred time and a booking window for flexibility will be set out in the Service User’s Care Plan.

It is important that the Service User keep us informed of changes to their likes, dislikes, allergies, lifestyle preferences, as well as mental and physical health. We will formally review the Care Plan with the Service User:

• 6 weeks after we begin the Service;
• on an annual basis;
• at reasonable request, or where circumstances change;
• at any other time, we consider appropriate.

Please note, we may decide that we cannot provide any Services if we (in our professional opinion) believe the Services we offer are not suitable for the Service User, or if the type of Services required are not safe for us to undertake. If the Service User’s needs change or increase to a level which cannot be met by us after making reasonable adjustments, we will tell the Service User and / or Purchaser without delay. In such cases, we shall seek to provide support whilst they arrange alternative care services.

Paying our Fees

In order to design the Service User’s Care Plan, we incur administrative and management costs to assess needs, discuss preferences and to provide a person-centred plan. For very small packages, as well as short term packages, we charge a non-refundable Assessment Fee which is payable in advance even if the Service is cancelled.

The Care Plan confirms the preferred time, frequency and duration of the planned Visits as well as the acceptable booking window for flexibility. We will charge the time booked based on a fixed fee per scheduled Visit, plus any additional time actually spent providing the Service rounded up to the nearest 5 minutes where required.

More detail on this can be found in our Fee Rates Schedule at the end of this agreement. Please note, we charge increased rates for one off duties as well as for unsocial hours, weekends and bank holidays.

We will monitor the time actually spent by the Care Worker in delivering the Services. Where there are significant or frequent differences between the scheduled Visits and time actually spent delivering the Services, we will seek the Purchasers agreement to increase the care provided regularly ongoing.

We will invoice weekly in arrears for the Services in accordance with the Fee Rates Schedule. We shall clearly identify on our invoices any additional expenses incurred by us in performing the Services (for example shopping the Service User asks the Care Worker to purchase)..

The Purchaser will pay our invoices by Direct Debit and within 7 days of each invoice. If the Purchaser does not pay by Direct Debit, they will be required to pay a deposit equivalent to 2 weeks of care and will incur an additional fee of £3 per invoice.

We issue invoices electronically. Hard copies can be posted, incurring a £3 admin fee.

We may engage another company to pursue and collect on our behalf any unpaid fees.

If the Purchaser fails to pay the Fees in full and on time, we will:

• write to the Purchaser, reminding them of the sum outstanding and confirming that payment is due within 7 days or the Services may be cancelled;
• set off any amount owing to us against any sums paid in advance;
• suspend the Services and cancel any scheduled Visits until the payment has been made in full. We will notify the Local Authority of the suspension if we believe the Service User needs replacement care and support services;
• charge interest on such sum from the due date at the annual rate of 4 per cent a year above the Bank of England’s base lending rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Purchaser must pay us interest together with any overdue amount.

If the Service User is in receipt of direct payments, a personal budget or a personal health budget, the cost of the care services we provide may be more than the funding received from the Service User’s local council or NHS. In the event that there is any shortfall between the cost of the services we provide and the money that the Service User receives from their direct payment, personal budget or personal health budget, it is the Purchaser’s responsibility to meet these additional costs. We have no influence over the money the Service User receives from any other body in respect of their care needs.

Changes to the Fees based on annual review

We will review the Rates for all our customers once a year. We will increase the Rates by a fair and reasonable amount, taking into account any significant increase in our business costs.   The increase will take effect on or about 1st March each year and will not be more than a 10 per cent increase in the Rates – for example, where the Rate is £35 per hour, we will increase the Rates by up to £3.50 – if a Service User has 5 x 1-hour visits / week, this is an increase of up to £17.50 over the week and up to £910 over the year.

We will write to the Purchaser at least 3 weeks in advance of the new fees taking effect, allowing sufficient notice to cancel the contract if they do not accept the price increase. This review is separate to any change in the fee which occurs because of a change in the Service User’s individual care needs.

We may also review and increase the Fees at other times during the year if:

• there is a change to the Services (as a result of reviewing the Service User’s Care Plan);
• the cost of providing the Services increases suddenly and significantly in such a way that this was not foreseeable at the time of our annual review;
• there is an uplift in the National Minimum Wage (or National Living Wage); or
• a change is necessary in order to comply with any applicable safety, regulatory or statutory requirements.

If the Purchaser does not agree to the proposed changes, they can choose to cancel this Agreement by giving us notice in the usual way before the increased Fee takes effect.

Changes to the Service User’s Care Plan

We have prepared an initial Care Plan based on the Service Users individual needs and preferences. That initial Care Plan will be revised following the Service User’s Initial Assessment.  Where we believe (using our professional judgement) that the Service User’s needs have increased and we need to change the way in which we deliver the Services, we will explain the changes we believe are necessary to ensure the Service User’s health and wellbeing. If the amount of care the Service User receives needs to be increased, we will seek the Service User’s and the Purchaser’s agreement to this change and explain how the change will affect the Fees payable. Where the Service User receives financial assistance from the Local Authority or NHS, we will also notify them as it may be appropriate for them to arrange their own assessments.

If the Service User’s health improves or their needs decrease over time, we will review whether the Care Plan is appropriate and whether, based on their increased independence, it is suitable to reduce the Services provided. We will seek the Service User’s and the Purchaser’s agreement to this change and explain how the change will affect the Fees payable.

We will seek the Service User’s and the Purchaser’s agreement prior to making any significant changes to the Care Plan and explain how the change will affect the Fees payable.

It may be necessary (in circumstances where there is significant, immediate and otherwise unavoidable risk to the Service User’s health) to make changes quickly and prior to obtaining the Purchasers consent to ensure the Service User’s health, safety and personal well-being. We will seek to obtain the Purchaser’s consent and agreement to the changes as soon as possible, including the increase in charges resulting from the change.

If we have implemented a change and the Purchaser does not agree to the proposed changes, it can revert to the previous agreed position without having to pay the increased fee.

If the Service User or Purchaser have any concerns with our assessment or the Service User’s care needs and the proposed changes, they should contact the Service User’s Care Manager to discuss their concerns.

If we are unable to reach an agreement on the Service User’s needs, their care services and the revised fee, the Service User with the Purchaser are welcome to arrange an independent assessment via the Local Authority or the Service User’s GP and we will maintain the Service User’s safety and comply with our regulatory obligations and we will not reduce the Service User’s care services where we believe this will put them at a real risk of harm. If the independent assessment rejects the findings in our assessment, the Service User’s Care Plan will revert to the previous version and we will immediately refund the fee increase, which will be back-dated to the date of any change we implemented. If the independent assessment confirms our findings, the revised Care Plan will remain in place.

In all circumstances where the Service User’s and the Purchaser’s do not agree to the proposed changes to the Care Plan, they can cancel this Agreement by giving notice in the normal way.

Visits

We will provide the Services as close as reasonably possible, to the times agreed in the Service User’s Care Plan or between us from time to time. If it is necessary for a Care Worker to attend the Service User’s Home at a different time to that agreed, we will give the Service User as much notice as possible.

Our Services are provided in Visits normally given in multiples of 15 minute time slots (and for a minimum of 60 minutes). The actual period of performing the Services during an appointment will normally be approximately 5 minutes less. A few minutes at the beginning of each Visit is required to set up, ask the Service User any questions about their health, any issues or problems and at the end of each appointment to make a note of the Services we delivered.

If, at the Service User’s request and with the Care Worker’s agreement, a Visit runs longer than the scheduled period, we will charge the Purchaser for each 5 minutes that we deliver the Services to the Service User, at the unplanned extensions rate as detailed in the Fee Rates Schedule.

If the Service User is unavailable to begin their appointment at the agreed time, or if the Service User refuses the Care Worker access to their Home at the start of a scheduled Visit, then the Visit will start at the scheduled time and continue until its scheduled end and the Purchaser will still be expected to pay for the Visit.

Please note, if the Service User asks a Care Worker to leave early, the Purchaser will still be charged for the whole of the scheduled Visit. This is because we are required to pay the Care Worker for the full time they are allocated to the Service User.

If the Service User or the Purchaser cancels a scheduled visit, then the Purchaser will still pay 50% of the Fees for that scheduled Visit, unless the visit is uncovered in which case there will be no charge.

Our staff

We will provide suitably trained, sufficiently skilled, experienced and competent Care Workers to provide the Services to the Service User in accordance with their Care Plan.

We will normally supply a named Care Worker for each Visit. However, annual leave, sickness, changes in staff and unforeseen events may require us to supply an alternative Care Worker from time to time. We will give the Service User as much notice as possible of changes in the Care Workers allocated to their care.

If a Care Worker fails to attend the Service Users Home or they are not satisfied with the standard of the Service, we ask that the Service User notifies us, without delay. This request does not affect the Service User’s ability to raise a complaint and provide feedback in the normal way.

Our Care Workers are trained to provide Service Users with the personal care and support services as described at Schedule 2 (please see definition of “Services”). They are not permitted to carry out any of the following tasks:

• heavy lifting of any kind, unless the use of suitable equipment is authorised and detailed in the Service User’s Care Plan;
• household maintenance (including intensive cleaning, gardening and DIY tasks);
• assistance with the Service User’s finances or legal documents, unless this is authorised and detailed in the Service User’s Care Plan

We are responsible for paying the Care Workers and refunding any applicable expenses. No monies or gifts worth more than £50 should be given to the Care Workers, whether in person or in the Service User’s Will. If the Service User would like to give positive feedback about their Care Worker, please contact us in the usual way.

Overnight care

If a Care Worker provides the Service User with overnight care where they are permitted to sleep for some or all of the Visit, it is the Service User’s and Purchaser’s responsibility to provide: a separate bedroom; a suitable bed; clean bedding; and the use of a bathroom.

Our Care Workers are expected to have an undisturbed night’s sleep. If the Care Worker providing overnight care receive less than 5 hours sleep, or is called upon on more than two occasions (an hour apart), then we will charge an enhanced ‘Waking Night’ fee, as set out in the Rates.

If the Service User’s overnight Care Workers are regularly woken during the night, we will review the Service User’s Care Plan with the Service User and, if we (in our professional opinion) need to change the way in which we deliver the Services, we will provide the Service User and / or Purchaser with a written summary of our assessment and explain the changes we believe are necessary to ensure the Service User’s health and wellbeing. We will confirm any impact this has upon our Fees.

Employment of our Care Workers

Our Care Workers are highly valued by us and we invest in their training and development to provide good quality services to all our customers. Care Workers are also very important to us and our business and we suffer significant costs if they leave our employment.

Service Users and Purchasers must not solicit any Care Worker to leave their employment with us and work for you direct. This restriction applies to any Care Worker who has delivered the Services to the Service User within the past 12 months.

If the Service User, or any person responsible for the Service User’s care and wellbeing, wish to employ a Care Worker directly, rather than through us, the Service User and / or Purchaser can make a request by providing us with at least 3 months’ notice, in writing.

If the Service User and / or Purchaser hire a Care Worker direct, the Purchaser will pay us a Permanent Engagement Fee of £5,000. This represents the cost to us of recruiting and training replacement staff as well as the added costs of arranging alternative staff to cover the services they would have delivered.

The Service User and Purchaser should be aware that if they employ a Care Worker directly, they may become responsible for paying employers’ national insurance contributions, pension contributions, statutory sick pay, statutory holiday pay and maintaining employers’ liability insurance. They may be responsible for ensuring that the worker receives a pay rate which is compliant with the National Minimum Wage Regulations, has working patterns consistent with the Working Time Regulations and meets the requirements of Health & Safety legislation. They may also be liable for claims arising against them in Employment Tribunals.

If the Service User, or any other person responsible for the Service User’s care and wellbeing, introduce a Care Worker to another employer, agency or organisation which is like ours and they leave our employment to join that other organisation, the Purchaser will pay us an Introduction Fee of £5,000. This represents the cost to us of recruiting and training replacement staff as well as the added costs of arranging alternative staff to cover the services they would have delivered.

The obligations in this clause continue to apply and are enforceable by us for up to 12 months following expiry or termination of this Agreement.

The Service User’s Home

The Service User and Purchaser must provide a safe environment and appropriate equipment to allow the Care Worker to carry out the service. This includes:

• maintaining a generally clean and safe home free of risks and hazards;
• maintaining a safe route of access to and from the Service User’s Home;
• providing and maintaining any equipment necessary, such as lifting and transfer aids, cleaning equipment, wheelchairs and other mobility aids;
• informing us of any illness or diseases in the household.

For the health and safety of our Care Workers, we ask that the Service User and Purchaser maintain a smoke-free environment at the Service User’s Home. If the Service User, or some one they live with, is a smoker, we ask that they all refrain from smoking and ventilate any room that will be used for the Service User’s care at least 1 hour before the scheduled Visit. Our Care Workers are required to leave the Service User’s Home for the duration of the smoking until it is safe to return. Any variation to this clause will be detailed in the Care Plan.

In order to comply with our statutory requirements and to monitor the quality of the Service, it may be necessary for one of our supervisors or managers to observe, supervise, or work with the Care Worker in the Service User’s home. We will give the Service User as much notice as possible if any person other than the Care Worker is to attend their home and we look forward to the Service User’s co-operation with us in respect of this.

The Service User and / or Purchaser must inform us if they, or anyone else, intend to use any form of CCTV or recording equipment at the Service User’s Home. Our Care Workers have a right to privacy just as our Service User’s do and we would prefer to discuss any concerns directly. We reserve the right to suspend or permanently withdraw the Services if we discover the use of recording equipment without our knowledge, for inappropriate purposes or inappropriate locations.

Suspending the Services temporarily

The Services can be placed ‘on hold’ if we are provided with at least 24 hours notice. We will still incur staffing and management costs whilst the Service is suspended. To help ensure the same Care Workers or time slots will be available for when the Services recommence, we charge 50% of the Fees for the scheduled Visits that were due to be delivered during the first 14 days when the Service is suspended.

At the end of the 14 day period that the Services are suspended, we will discuss with the Purchaser whether they wish to cancel this arrangement (immediately at which point no further payments will be required) or wish to continue keeping the Service User’s place ‘on hold’ and retain their team by continuing to pay the 50% charge.

If the Service User is admitted to hospital, the Services will be suspended, as outlined above.

We may immediately cancel Visits and suspend the Services on 7 days’ notice if the Purchaser fails to pay the Fees in full and on time.

We may cancel Visits and suspend the Services on reasonable notice if (in our professional opinion) the Service User, or someone else at their Home:

• fails to provide a safe environment and/or appropriate equipment;
• fails to allow our Care Workers from accessing their Home to provide the Services;
• behaves so unreasonably that it puts our Care Workers (or other persons) at risk of harm. For example (but not limited to), through sexual, racial or other discriminatory harassment, extreme alcohol consumption, or through the use of illegal drugs;
• maliciously accuses our Care Workers of theft, abuse or other misconduct.

Reasonable notice may include immediate notice in circumstances where there is a significant risk of harm or danger to the Service User or our Care Workers. In such circumstances we will notify the Service User and / or Purchaser of our decision and inform the Local Authority if we believe the Service User requires immediate care and support.

Contacting us, cancelling Visits and bringing this Agreement to an end

The Service User or Purchaser have the right to cancel this Agreement without giving any reason. To exercise the right to cancel, the Service User or Purchaser must inform us of their decision to cancel this contract by a clear statement by contacting us:

• in writing, at Gardiner’s Homecare Ltd of 10 Church Street, Caversham, RG4 8DZ;
• by telephone 01183347474; or
• by email info@gardinershomecare.co.uk.

If the terms were only signed at the Service User’s home in person, with a Gardiner’s member of staff present, the person who signed at home, can cancel this Agreement within the 14 days ‘cancellation period’. We will charge the only for the duties completed or cancelled prior to the cancellation notice.

Otherwise, the Service User or Purchaser can cancel this Agreement (for any reason) provided they give us at least 14 days notice in advance. We will raise an invoice for the Services we have delivered and a 50% charge for all Visits that were scheduled to take place during the notice period.

We will return any advance sums to the Purchaser after deducting the outstanding Fees. We will make the reimbursement without undue delay, and not later than 28 days after the day on which we are informed about the decision to cancel this contract.

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

Our right to cancel

We may terminate this Agreement:

• by giving 7 days’ written notice for any reason;
• after giving 7 days’ written notice that the Purchaser has failed to pay the Fees;
• after giving 7 days’ written notice that we are unable to meet the Service User’s needs;
• immediately in circumstances where there is a significant risk of harm or danger to the Service User or our Care Workers, which we have been unable to resolve after making reasonable adjustments.

In the event that we terminate this Agreement, we will notify the Service User and / or the Purchaser of our decision, liaise with them to identify alternative arrangements and inform the Local Authority if we believe the Service User requires immediate care and support.

Automatic expiry of this Agreement

This Agreement will terminate automatically in the event of the Service User’s death. We will charge for the Visits that were scheduled to take place within 24 hours of the time that we were notified about the Service User’s death.  The Purchaser will remain responsible for paying any outstanding Fees.  Where the Service User also acted as Purchaser, their Estate will be responsible for paying any outstanding Fees.

Events outside of our control

The Service User and/or Purchaser will not be liable or responsible for any failure to perform, or delay in performance, of any of their obligations for any reason beyond their reasonable control. We ask that the Service User and/or Purchaser keep us informed if having any difficulty with meeting their obligations under this Agreement.

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 Care Worker may attend at other times than agreed due to emergency situations or disruption due to severe traffic or weather (and in which case, we will make every effort to contact the Service User in advance and to confirm alternative arrangements).

Insurance, liability and responsibility

Where the Services include our Care Worker driving the Service User’s motor vehicle, the Service User must have suitable motor insurance to cover damage caused by the use of the motor vehicle by the Care Worker to passengers, the Service User’s vehicle and / or third parties or their property.

Our current insurance cover for public liability insurance for any one claim is £10 million.

Our liability to compensate the Service User for loss or damage to their property is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us or our Care Workers. We will compensate the Service User for loss or damage they suffer for failure to carry out our duties imposed on us by law, unless that failure is attributable to:

• the Service User or Purchasers own fault;
• a third party unconnected with the provision of Services under this Agreement;
• events which we could not have foreseen or prevented even with all reasonable care.

Nothing in this Agreement limits or excludes our liability:

• for death or personal injury resulting from our negligence;
• for any damage or liability incurred by the Service User as a result of fraud or fraudulent misrepresentation by us;
• our failure to comply with terms implied into this contract by Consumer Rights Act 2015.

General

We will respect the Service User’s privacy and confidentiality and will only use their personal information as set out in our Privacy Policy which explains what data we collect, how and why we use that data, as well as whether we will need to share that data with other parties (for example doctors or social workers). Our Privacy Policy can be found online at https://gardinershomecare.co.uk/privacy/

We own the records created by us which detail the Services provided to Service Users, including folders kept in Service Users’ homes which we require to be returned to us.

Nobody else has any rights under this Agreement. This contract is between the Service User / Purchaser and us. No other person shall have any rights to enforce any of its terms. None of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

We may vary these terms and conditions by giving the Service User and / or Purchaser at least 21 days’ notice in writing. If they do not agree to the proposed change, they can terminate this Agreement in the normal way and before the proposed change takes effect.

We may transfer, assign, novate (a legal method for transferring), 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.

The Service User and / or Purchaser may not transfer, novate, assign or subcontract their obligations under this Agreement.

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

We are a member of the Homecare Association and adhere to it’s Code of Practice, available at https://www.homecareassociation.org.uk/

If the Service User and / or Purchaser have a complaint about the Service, we would be very happy to discuss this, please inform the Registered Manager as soon as possible. If the Service User and / or Purchaser feel we have not been able to resolve the complaint for any reason, they can contact the Local Government and Social Care Ombudsman on 0300 061 0614 or through their website https://www.lgo.org.uk/contact-us

Advice about legal and other rights in relation to this Agreement is available from the local Citizens’ Advice Bureau, Trading Standards Office and/or, Care Quality Commission.