Terms and conditions
Liberty Private Care Ltd 34 Bargates Christchurch
Dorset BH23 1QL
1. OUR TERMS OF BUSINESS
1.1 What these terms cover. These Terms are the principal provisions governing the services provided by our carer(s) employed by Liberty Private Care (also referred to as “us”, “we” and “our”) to its clients (also referred to us “you” and “your”).
1.2 Why you should read them. Please read these terms carefully before you decide to use our services. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AN HOW TO CONTACT US
2.1 Who we are. We are Liberty Private Care Ltd, a company registered in England and Wales. Our company registration number is 11608705 and our registered address is at 34 Bargates, Christchurch, Dorset, England, BH23 1QL. We are registered with the Care Quality Commission and we employ carers who are available for work in people’s homes and are introduced by us for this purpose. We are also a member of the United Kingdom Home Care Association.
2.2 How to contact us. We will always endeavour to make ourselves available to speak to you in person about any concerns. You can also contact us by telephoning our consumer service team or by writing to us at the address set out above.
3. OUR CONTRACT WITH YOU
3.1. Our contract comprises these terms and conditions and our fee advice sheet. We will carry out initial discussions with you, or your representative prior providing our services. Our contract with you begins on the date on which you request that we begin to provide services to you.
4. YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make changes to the services at any time please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you, or your representative or the organisation that is funding your care to confirm whether you wish to go ahead with the change.
5. THE SERVICES
5.1 The Services we provide as standard. Every client who uses our services will receive the following services as and when required (this list in not exhaustive):
a) Day to day care;
b) Sleep night care – which is subject to there being only one disturbance for the care visitor through the night;
c) Wake night care - which is subject to breaks;
d) GP/Hospital appointments arrangements and attendance – are to be charged at our day hourly rate and calculated on the basis of time spent with you to attend such appointment (which includes our carer picking you up from your home, taking you to the appointment, assisting you during the appointment and bringing you back home);
e) Coordination/Concierge service – we will arrange and coordinate any appointments required for your care needs, liaise with health professionals when and as needed. This service is subject to 1 hour per week limit and is free of charge. We can provide you, upon your request, a record of time spent by our office team on provision of this particular service;
f) Live in care.
5.2 Additional Services. Where is either appropriate or essential to meet the unique needs of a client we are also able to offer the following additional services (this list is not exhaustive):
a) Travel between jobs - we do not generally charge for mileage between the carer(s) care visits but may do if the travel is excessive. We will discuss it with you if such occurs;
b) Lifeline Red Button response;
c) Telephone check - these can be schedules as requires. A feedback with your consent can be provided to a third party;
d) Coordination/Concierge service - falling outside 1 hour free of charge per week limit provided as part of our Standard Services.;
e) Monitoring Technology;
5.3 These Additional Services are provided at an additional charge at hourly rate. The hourly rate for the additional services delivered will vary due to the type of service, its complexity, time of day and frequency of service, day(s) of the week the service is required, number of our careers. required to deliver the service and the location of the customer to whom we deliver the service.
6. PROVIDING THE SERVICES
6.1 Our Services. Our services are provided in compliance those identified as a ‘regulated activity’ as defined in the Health and Social Care Act 2008. Care services outside that current definition can be provided subject to conditions and agreements.
6.2 We will provide the services to you with reasonable care and skill.
6.3 Carer’s visits. For each care visit the carer(s) will remain for the duration of the booking subject to a maximum of 50 minutes, the remaining 10 minutes allocated for travel time irrespective of the duration of the booking. Some clients are happy for the carer(s) to leave once the care has been done, and needs and objectives for that visit have been met. Some prefer the carer(s) to stay the full duration of the visit. We ask our clients to tell us what their individual preference is in this regard. Unused time cannot be carried over or ‘banked’ and will be charged for accordingly, though this is at the discretion of the Registered Manager.
6.4 Minimum booking length. The minimum booking length is one hour and includes 10 minutes travel time. Unused time cannot be carried over or ‘banked’.
6.5 Delivery. The provision of our services is provided on the basis that the carer(s) have reasonable time to deliver the agreed plan of care and are not rushed.
6.6 Timesheets. The carer(s) may require you to sign a timesheet upon which the carer(s)’ wages may rely.
6.7 We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the event. Provided we do this we will not be liable for changes to the services caused by the event but if there is a risk of substantial failure to provide services you may contact us to end the contract and receive a refund for any services you have paid for but not received.
7. OUR RIGHT TO MAKE CHANGES
7.1 Minor changes to the services. We may change the services to reflect changes in relevant laws and to ensure compliance with all regulations relevant to provision of care services. . These changes
will not result in increased costs to you, except for increases in cost implemented subject to an annual review in accordance with paragraph 8.1.
7.2 More significant changes to the services and these terms. In addition, we may extend our services to include additional expert services where an interim review has highlighted a change in a client’s needs. If you are affected, we will endeavour to discuss with you any additional costs as appropriate. Where possible we will endeavour to give you up to four weeks’ notice of any increases in cost.
8. PRICE AND PAYMENT
8.1 Where to find the price for the services. The price of the services is set out on the fee advice sheet. We carry out annual reviews of our prices and you will be given at least 14 days’ notice of any increase in fees.
8.2 When you must pay and how you must pay. We will render a weekly account to you for services provided by our carers. Payment for the services must be made within 5 days of the invoice date. Invoice(s) must be paid for by weekly direct debit, but, as a two week interim measure, can be paid by cheque or bank transfer to our bank account which will appear on the invoice. Failure to pay the account within 5 days may result in suspension of our services to you.
8.3 We can charge interest if you pay late. If you do not make any payment to us by the due date, or where your bank refuses to honour your direct debit, we may charge interest to you on the overdue amount at the rate of 8% per year. 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. You must pay us interest together with any overdue amount.
8.4 What to do if you think an invoice is wrong. If you think an invoice is wrong or that you have been incorrectly charged please contact us promptly to let us know. You will not have to pay any interest on any overdue amounts until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 What happens if you change your mind. You have a right to change your mind and immediately end the contract for any reason within 14 days of the date on which the services commenced. In these circumstances we will charge you for the services already provided to you.
9.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
a) we have told you about an upcoming change to the services which you do not agree to (see clause 7.2);
b) there is a risk the services may be interrupted because of events outside our control;
c) you have a legal right to end the contract if we are not compliant with the Health and Social Care Act 2008.
9.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in paragraph 9.2, the contract may, at your choice, be ended but we will charge you 1weeks fees as compensation for the net costs we will incur as a result of your ending the contract or, you may give us 1 week notice and we will refund any advance payment which has been paid for any period over and above the notice period.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
b) there are circumstances or you engage in offensive behaviour, which we feel, renders the provision of our services by our carers difficult,
c) having consulted with you or your representative and taken advice from the appropriate members of the primary health care team e.g., GP, Community Nurse or Social Worker, concerning your present and future care needs, we reasonably believe that we are no longer able to meet your needs; or
d) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, medical information, current treatments used, evidence of a Lasting Power of Attorney, name of doctor or other medical advisor.; or
e) If you change the duration of any visit to less than an hour.; or
f) there are other circumstances which make rendering of our services impossible.
10.2 We may stop providing the services. We may write to you to let you know that we are going
to stop providing the services. Where possible, we will let you know at least 2 weeks in advance of our stopping the services and we will refund any sums you have paid in advance for services which will not be provided.
11. CANCELLATION OF OUR STANDARD SERVICES AND OUR ADDITIONAL SERVICES
11.1 48 hours cancellation. We require at least 48 hours’ notice of cancellation or changes of any care visit by our care visitors for any reason, failure to give such notice directly to our Registered Manager will result in the applicable hourly rate being charged.
11.2 How to notify us. You can inform us of cancellation between the hours of 9am and 5pm Monday to Friday on 01202 800494, and at any other time via our out of office on call service, including bank holidays. Please note that the on call service only operates between 7am and 10pm. Cancellations cannot be made during the night between 10pm and 7am.
11.3 Fees for no cancellation. If the carer(s) arrives at their place of work for a scheduled visit and they are not required for any reason, you will be charged the full applicable rate.
12. IF THERE IS A PROBLEM WITH THE SERVICES
12.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can contact us by telephoning our consumer service or by writing to us at the addresses set out at the beginning of these terms.
12.2 We undertake to maintain a standard of care as required by the Health and Social Care Act 2008. If an occasion should occur where a complaint or query arises you or your advocate are referred to our written procedure for dealing with complaints. We will be pleased to help in every way possible. If the complaint is not resolved, you or your advocate may wish to refer to the Registration Authority whose address is:
The Care Quality Commission, Citygate, Gallowgate,
Newcastle Upon Tyne, NE1 4PA,
Telephone: 03000 616161.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to
the services including the right to receive services which are as described and supplied with reasonable skill and care.
13.2 When we are liable for damage to your property. If we are providing our services at your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for damage to your property if such damage is attributable to:
a) your negligence;
b) pre-existing faults or damage to your property;
c) a third party unconnected with the provisions of services under the contract;
d) an event which we would not have foreseen or prevented even if we had taken all reasonable care.
13.3 We would only accept responsibility for direct losses in the event that we have been negligent or fraudulent.
13.4 It is your responsibility to maintain in force insurance policies against all risks that would be normally insured against by a prudent businessman or household owner in connection with the provision of the services under this contract and produce to us on demand full particulars of these policies and receipts for the then current premium.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We hold information about your contact detail, health, and physical or mental wellbeing in accordance with the Data Protection Act 2018 and the General Data Protection Regulations (EU 2016/679).
14.2 How we will use your personal information. We will use the personal information you provide to us to:
a) provide the services;
b) process your payment for such services; and
c) we may communicate your personal information to outside agencies, such as doctors, opticians, dentist where it is necessary for the provision of the services. We will seek your specific consent prior to disclosing any information in this regards
14.3 We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do. We may also ask you to provide bank statements or evidence of funding whether or not your account is in arrears.
14.4 We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 Introductory fees. In the event of any carer(s) who have been introduced by us entering into an agreement with you or any third party to whom the carer(s) were also introduced, you, or third party shall be liable for a placement fee of £2,000 which must be paid within 7 days of the invoice date.
15.2 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
15.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms, upon giving you 14 days’ notice to you, to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.