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TERMS AND CONDITIONS

Last updated: 06th May, 2023

Please read these terms and conditions carefully before using Our Service

 

​The Care Agreement is made up of these Terms (the Terms and Conditions on which Medi247Care Ltd supply the Services to you), the Service Branch Price List (for Domiciliary Care) or quotation for Live-in Care as provided by your Care Manager and the Support Plan (which describes the Services we have agreed to deliver). Please ensure that you read these Terms carefully as they contain important information about our Services.

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Interpretation and Definitions

​1.0.1. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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1.0.2. Definitions

1.1 Meaning of Terms:

Bank Holiday: means a public bank holiday in either England, Northern Ireland, Scotland or Wales.

Care Agreement: the agreement between Medi247Care Ltd and you for the provision of the Services which includes these Terms and Conditions, the Support Plan, the Service Branch Price List (for Domiciliary) or quotation for Live-in Care as provided by your Care Manager, and any variations from time to time. For Domiciliary Care, this also includes the Price List.

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Carer(s): any of our employees who provide the Services to our clients.

Customer: the individual receiving the Services (rather than any applicable Attorney, Deputy or Guarantor).

GDPR: means the General Data Protection Regulations (EU 2016/679).

Guarantor: means a person other than the Client (for example a friend or relative) who accepts personal liability for paying the fees.

Domiciliary Care: means home care services, respite care provided other than on a live-in basis.

Live-in Care: means home care services provided by a Carer living with the Client in their own home.

Respite Care: means care given to relieve a permanent family member to have a break/holiday.

Price List: means the schedule of rates for the Hourly Care Services, which are provided to you in advance of agreeing the Support Plan and updated from time to time in accordance with these Terms.

Services: means the Hourly domiciliary Care or Live-in Care we have agreed to provide to you, as set out in our Support Plan.

Set-up Fee: means a non-refundable fee of £100 (only charged to Domiciliary Hourly Care Service Clients where our Services will be provided for four weeks or less), which represents our reasonable costs incurred in carrying out the initial assessment, compiling the Support Plan and preparing the services for you even if the Services are not actually delivered.

Support Plan: the Support Plan, Risk and Care Needs Assessment which details the type of services we have agreed to deliver, the time and duration of the Services by which you can calculate the anticipated cost (in accordance with the Price List for Domiciliary Care or Live-in quotation provided by the Care Manager).

Terms: the Terms and Conditions of business set out in this document, which form part of the Care Agreement.

Us, we and our: Medi247Care Ltd , registered in England and Wales with company number 14425331 whose registered office is at Stockwell Centre, Unit 6 Stockwell Centre, Stephenson Way, Three Bridges, Crawley, West Sussex RH10 1TN, trading as “Medi247Care”.

You, your: means the Client unless the Terms refer to a duty to pay our Fees and the Guarantor has accepted liability to pay our fees for the Services, in which case references to ‘you’ or ‘your’ will refer to the Guarantor as the context requires (see clause 1.3 below).

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1.2  When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.

1.3  Where you are not the Client (or their Attorney or Deputy), it is important to understand that, in consideration for us providing the Services to the Client, you acknowledge and agree to pay our fees in accordance with the payment Terms in these Terms and Conditions. You agree that your obligation to pay our fees is a primary obligation (not a guarantee if the person receiving the Services does not agree to pay the fees) and therefore you will be obliged to pay the fees without us first having to recover the fees from the Client.

1.4  We shall not be entitled to recover the same fees twice and, therefore, we shall not be entitled to recover any fees:

1.4.1  from you under this contract, which have already been paid by the Client; or

1.4.2  from the Client which have already been paid by you.

 

2.0  Our agreement with you

 

2.1 These Terms will become binding on you and us, and the Care Agreement will come into existence when you explicitly request that we begin to supply the Services to you, we begin to provide the Services to you or you return the Direct Debit Instruction to us; whichever is the earlier.

2.2 You must sign and return the Direct Debit Instruction to us within seven days of signing the Support Plan. We will not be obliged to start the Services until you have signed and returned

to us a Direct Debit Instruction.

2.3 The advertising and marketing materials in our catalogues or brochures or on our website are produced for the sole purpose of giving an approximate idea of the general services we can

make available, listed by category type. These are provided for illustrative purposes only and do not form part of the Care Agreement we have with you.

2.4 The description of our Services is found in your Support Plan. Please check that the details in the Support Plan are complete and accurate. If you think that there is a mistake or require any changes, please contact us to discuss immediately. We will confirm any changes to your Support Plan in writing to avoid any confusion between you and us.

2.5  We will review your Support Plan from time to time, and if we reasonably believe that your needs or requirements have increased or reduced, we will discuss with you whether the Support Plan needs to be changed and how this may impact your fees.

2.6  The Care Agreement will come to an automatic end in the event of your death and we will charge for those Services which were due to be delivered up to three days after your death.

 

3.0  Providing the Services

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3.1  We will provide the Services to you with reasonable care and skill and in accordance with the dates set out in the Support Plan. The minimum period for the provision of Live-in Care is three days, unless otherwise agreed in writing with us. If no end date is set out in your Support Plan, the Care Agreement will continue until it is terminated in accordance with these Terms.

3.2  If you ask the Carer to leave early, you will still be charged for the whole of the planned visit up to a maximum of 14 days. If this happens, we will discuss with you whether the Support Plan needs to be changed to better reflect your needs and requirements and how this will impact your fees.

3.3  Due to the nature of the Services you will need, provide us and the Carer with access to your home to provide the Services and to assess the Carer’s performance. If you do not allow us

access to your home or other property to perform the Services as arranged (and you do not have a good reason for this), we may charge you the cost of those arranged Services. If, despite our reasonable efforts, we are unable to contact you or rearrange access to your home, we may suspend the Services or cancel the Care Agreement in accordance with Clause 10.

3.4  Please note: if you do not pay our invoice within 9 days (see Clause 6 below), we may suspend the Services with immediate effect until you have paid us the outstanding amount. We will contact you in advance if we intend to suspend the Services. This does not affect our right to charge you interest under clause 6.4.2.

 

4.0   The Carer

Terms applicable to both Live-in Care and Domiciliary Hourly Care

4.1  We will ensure we have appropriately vetted your Carer before the Services begin.

4.2  You must treat the Carer with respect and dignity. Any failure to do so will be a significant breach by you of the Care Agreement and allow us to terminate in accordance with Clause 10.

4.3  You are responsible for the cost of providing adequate cleaning products and protective clothing to allow the Carer to provide the Services.

4.4  You must provide the Carer with access to any existing internet connection you have at your home. If you ask the Carer to use your telephone or internet connection or agree to such use, or the Carer must use them in an emergency, we will not be responsible for any costs incurred.

4.5 The Carer is not permitted to: use your car, (unless you have agreed in advance and the car is insured for the Carer to drive); smoke, take prohibited drugs or drink alcohol while in your home; accept any gift with a value greater than £20; or lend money to you, or to borrow

money from you.

4.6  If you wish to employ the Carer directly, rather than through Medi247Care Ltd , or you intend to introduce them to another agency or employer, you must provide us with at least six months’ notice. If you do not give us six months’ notice and you hire a Carer direct or introduce them to another agency or employer:

4.6.1  during the delivery of the Services to you; or

4.6.2  within 12 weeks of when they last delivered the Services to you; you will pay us a fee of £5,000. This sum represents the reasonable costs to us of losing a valued employee, as well as the costs incurred by us in recruiting and training a replacement Carer on short notice.

 

Terms applicable to Live-in Care Only

4.7  You will provide food (minimum value of £40 per week) and cooking facilities for the Carer whilst they are providing the Services in your home. You must take into consideration any reasonable dietary requirements of the Carer, which we will notify to you.

4.8  You must provide and maintain any equipment necessary to deliver the Services.

4.9  You must provide a suitably furnished bedroom for the Carer and access to a bathroom and toilet facilities. You must also provide sufficient clean bedding for the Carer. The Carer’s bedroom must be for the Carer’s sole use, and you must respect the Carer’s privacy and the personal nature of the Carer’s property.

4.10  Our Carers must receive proper rest between providing the Services.

You must allow the Carer to take at least two hours’ break each day, during which they may spend time away from your home. The Carer will keep a record of the tasks they perform during the day.

4.11  The Carer can take their breaks at times to suit both of you, provided they are able to take at least 14 hours’ break during each week. We often find that friends and family are willing to assist during these break periods. Please note your fees do not include the cost of providing another Carer to deliver the Services to you whilst your primary Carer is taking their break. If you request Services during the Carer’s break(s), or we reasonably believe that you require a second Carer to deliver the Services during any break period, you will be required to arrange additional support. Whilst we may assist you to arrange suitable cover, we cannot guarantee that we will be able to provide another Carer. We will discuss this with you in advance and

charge the normal hourly rate for any additional Carer in attendance.

4.12  The Carer should be able to achieve sufficient rest during each 24 hour period which will be documented in the Support Plan. Where a Carer is unable to get this rest period:

4.12.1  we will be in contact with you to discuss arrangements for ensuring the Carer has the required rest and carry out a re-assessment of the Support Plan as soon as possible; and

4.12.2  we reserve the right to arrange a second Carer to attend your home to deliver the Services if it is assessed that our Carer cannot do their work safely. The costs of any second Carer will be for your account with the associated costs being agreed with you.

 

5.0  Price

Terms applicable to both Live-in Care and Domiciliary Hourly Care

 

5.1  We will review our fee rates from time to time and at least once a year in April. We may also review our fees in response to any unexpected change in the law which was not anticipated at the time of our annual review.

5.2  We will give you written notice of any increase to your fees at least one month before the proposed change takes effect. If you do not agree to the increase, you can cancel this Care

Agreement by providing 14 days’ notice in accordance with Clause 9.

5.3  You are responsible for paying the Carer’s costs of accompanying you on any excursions (such as public transport, taxis, cinema, theatre or meals out) and if the carer incurs any

third party expenses directly related to delivering your care (e.g., having to pay a car parking charge because you do not have any free off-road parking for them). These are not included in the fees.

5.4  The charge for your Services is calculated based on the rates as set out in our Price List.

Please note the following incur additional or increased charges:

5.4.1  Services provided on Christmas Day, Boxing Day, and New Years Day are charged at 2.0 times the standard hourly or daily rate.

5.4.2  Services provided on other Bank Holidays, Christmas Eve and New Year’s Eve are charged at 1.5 times the standard hourly or daily rate (for Hourly Services the 1.5 times uplift on Christmas and New Years eve is only charged for visits after 6:00pm on that day).

 

Terms applicable to Domiciliary Hourly Care

5.5  Where the Carer delivers the Services for longer than originally planned (at your request or in the event of an emergency), we will charge the additional time at the standard hourly rate, calculated in accordance with the Price List.

 

Terms applicable to Live-in Care

5.6 The charge for Live-in Care is calculated based on a daily rate for Respite Care or a weekly rate for Live-in Care, based on the planned Services which are detailed in your Support Plan and notified to you in quotation form by the Care Manager.

5.7 Where the Services are due to be delivered for four weeks or less, you will pay the fees in advance. These fees (but not the £100 Setup Fee) are refundable if you cancel this Care Agreement, provided you give us at least 14 days’ notice of your wish to cancel.

5.8 Where the Carer delivers the Services for longer than originally planned (at your request or in the event of an emergency), we will charge the additional time at the standard daily rate, calculated in accordance with the daily rate (or by dividing the weekly rate by seven) as notified to you by the Care Manager.

 

6.0  Payment

 

6.1  For Services due to be delivered for four weeks or less, we will invoice you in advance and the sum must be paid before we can begin the Services. These fees (but not the £100 Setup Fee) are refundable if you cancel this Care Agreement, provided you give us at least 14 days’ notice of your wish to cancel.

6.2  For Services due to be delivered for more than four weeks, we will invoice you weekly in arrears. You must pay each invoice within 9 days by Direct Debit. If you believe there is an error in your invoice, you must contact us without delay.

6.3  You can choose to pay by other payment methods (other than Direct Debit), but this will incur an administration fee of £5 per invoice to cover our reasonable costs of processing the payment.

6.4  If you do not pay our invoice within 9 days, we may:

6.4.1  notify you of the sums outstanding and confirm that payment is due within seven days of our notice or the Care Agreement will be terminated. This notice incurs an administration fee of £25.

6.4.2  charge interest on the overdue amount at the rate of 5% a year above the Bank of England’s base rate from time to time but at 5% a year for any period when that base rate is below 0% (unless there is an error in our invoice);

6.4.3  suspend the Services until outstanding sum is paid.

6.4.4  terminate the Care Agreement on immediate notice.

6.4.5  engage the services of a debt factoring company to collect the fees on our behalf; and

6.4.6  take legal action to recover the fees.

 

7.0  Our Liability to you

 

7.1  We will compensate you for loss or damage you may suffer if we fail to carry out duties imposed on us on law, but not where that failure is attributable to:

7.1.1  your own fault.

7.1.2  a third party unconnected with the provision of Services under this contract.

7.1.3  any deliberate act or omission by the Carer; or

7.1.4  an event which we would not have foreseen or prevented even if we had taken all reasonable care.

7.2  We accept no liability for any losses, costs, damages, claims or expenses in relation to your personal property, including your home or vehicle.

7.3  We do not exclude, or limit in any way, our liability for: (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by law.

 

8.0  Holiday and Hospital Admission

 

8.1  If you wish to suspend the Services temporarily due to a planned holiday, you must give us at least 48 hours’ notice.

8.2  Where you provide us with at least 48 hours’ notice of any planned holiday or other absence (up to a maximum of four weeks) we will not charge for those Services which were due to be delivered during that holiday or period of absence, after which period the Services are expected to recommence.

8.3  If you are admitted to hospital due to unforeseen circumstances and you do not want the Carer to attend you in hospital, we will charge for the Services planned to be delivered during the 1st 48 hours of your hospitalisation.

8.4  If you do not want the Services to start again after your planned holiday or hospital admission, you must provide us with at least 14 days’ notice to cancel. Where you have already provided us with 48 hours’ notice of any planned holiday or other absence (in accordance with Clause 8.2) or you have been admitted to hospital due to unforeseen circumstances, you will only need to provide us with five days’ notice to cancel.

8.5  If you do not give us the required notice set out in Clause 8.4, you must continue to pay for the Services which would have normally been delivered during your notice period (calculated on a daily basis in accordance with the Price List or quotation provided by the Care Manager).

 

9.0  Your Rights to Cancel

 

9.1  You have the right to cancel the Care Agreement immediately, within the first 14 days without giving any reason. The cancellation period ends at the end of 14 days after the day on which you sign the Support Plan.

9.2  To exercise that right to cancel, you must inform us of your decision to cancel the Care Agreement by a clear statement, such as a letter sent by post, phone, fax or email. You may use the Model Cancellation form at the end of these Terms, but you do not have to. Alternatively, you may tell your Carer directly of your wish to cancel, and once they have informed us we will cancel the Care Agreement.

9.3  In all circumstances, we will provide you with a final invoice detailing any refund that is due to you or, if no refund is due to you, the costs which remain payable.

9.4  In all circumstances, we will not charge you for any scheduled Services which are not delivered to you (due to your cancellation), where we are able to reallocate the Carer to another Customer.

 

Changing your mind and cancelling within the first 14 days

9.5  If you cancel the Care Agreement within the first 14 days (where we have already begun carrying out the Services at your request), we will reimburse to you all payments received from you in advance, apart from the following, non-refundable fees:

9.5.1  the Setup Fee of £100. These sums represent the reasonable cost of setting up the Services and appointing a Carer to you, which are services we provide to you up to the time when you told us you had changed your mind and wish to cancel; and

9.5.2  the cost of any Services delivered to you (calculated on a daily basis in accordance with the Price List or quotation provided by the Care Manager).

9.6  We will reimburse you without undue delay, and no later than 14 days after the day on which we are informed about your decision to cancel the Agreement. We will make the reimbursement using the same payment method as you used to pay us, unless you have expressly agreed with us that we can reimburse you using a different payment method. In any event, you will not incur any fees as a result of the reimbursement.

 

Cancelling after the first 14 days

9.7  If you wish to cancel the Care Agreement after the first 14 days, you must provide us with at least 14 days’ notice in writing. You must continue to pay for the Services which were due to be delivered during your 14-day notice period (calculated on a daily basis in accordance with the Price List or quotation provided by the Care Manager).

9.8  We will refund you any payments made in advance for Services due to be delivered after the end of your 14-day notice period.

9.9  In respect of Live-in Care, we will not refund the Setup Fee of £100. This sum represents the reasonable cost of setting up the Services and appointing a Carer to you.

9.10  You may cancel the Care Agreement with immediate effect by giving us written notice if:

9.10.1  we breach the Care Agreement in any material way, and we do not correct or fix the situation within 14 days of you asking us to in writing.

9.10.2  we go into liquidation or a receiver or an administrator is appointed over our assets.

9.10.3  we attempt to change these Terms without giving you at least one-month notice.

9.10.4  we are unable to provide the Services because of an event outside our reasonable control.

9.11  Cancellation Fee due to Customer passing - In the regrettable event of a Customer passing away we will reduce the cancellation charge to the first 3 days after death as we will continue to pay our carer during this period to ensure they do not have a no-fault loss of earnings.

 

10.0  Our Right to suspend the Service or Cancel the Care Agreement

 

10.1  We may suspend the Services if you fail to pay our invoice in full within 14 days.

10.2  We may cancel the Care Agreement (for any reason) by providing you with at least 30 days’ notice in writing. If you have made any payment in advance for Services that have not been carried out, we will refund these amounts to you.

10.3  We may cancel the Care Agreement at any time with immediate effect by giving you written notice if:

10.3.1  you do not return a Direct Debit mandate to us within seven days of signing the Support Plan.

10.3.2  we reasonably believe there a significant risk of harm to the Carer.

10.3.3  you have failed to settle any outstanding invoice within seven days of our written reminder, as set out in Clause 6.4.1.

10.3.4  you breach the Care Agreement in any other material way and, if the breach can be corrected or fixed, you do not correct or fix it within 14 days of us asking you in writing to do so. Such circumstances would include:

(a)  refusing us and/or the Carer access to your property to deliver the Services.

(b)  failure to provide us with accurate and sufficiently detailed information about your needs, requirements or health

(c)  physically or verbally abusing the Carer; or

(d)  sexual or racial harassment, extreme alcohol consumption, unreasonable behaviour or requests that the Carer undertake unreasonable or illegal activities.

 

11.0  Events outside our control

 

11.1  This section applies to any act or event beyond our reasonable control. If an event outside our control affects our provision of the Services:

11.1.1  we will contact you as soon as reasonably possible to notify you, and

11.1.2  our provision of the Services will be suspended for the duration of the event outside our control. We will restart the Services as soon as reasonably possible after the event outside our control is over.

11.2  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by an event outside our control. We will ensure that the Carer’s visits are provided as close as reasonably possible to the times agreed between us from time to time. In some cases, the Carer may attend at other times due to circumstances beyond their control such as transport problems or the need to respond to emergency situations with other customers. Whilst our Carers will use all reasonable efforts to deliver the Services in accordance with the details in your Support Plan, we will give you as much notice as possible if we need to change the time or duration of the Carer’s visit for any reason.

11.3  You must not rely on your Carer or other members of our staff to perform medical services, even in an emergency. Your Carer and other members of our staff are able to perform Cardiopulmonary Resuscitation (CPR) only under the direct guidance of the emergency services and provided that the member of staff feels comfortable and confident to do so.

12.1  We are a company registered in England and Wales. Our company registration number is 14425331 and our registered office is at: Medi247Care Ltd, Stockwell Centre, Unit 6 Stockwell Centre, Stephenson Way, Three Bridges, Crawley, West Sussex RH10 1TN.

12.2 We are registered with the Care Quality Commission. Our CQC registration number is: X-xxxxxxxxxx.

12.3 If you have any questions at any time, you should address these to your dedicated Care Manager in the first instance. In the event you are unable to get a response in the time required, then please ring us on:

Tel: 01920000000, which is answered at all times, or by e-mail to info@medi247care.com

 

12.0  Information about us, feedback and how to contact us

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12.4  If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the Care Agreement), you can send this to us by e-mail, fax, by hand, or post using the details set out above. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or post to the address you provide to us in the Care Agreement.

12.5  In the unlikely event that there is any problem with the Services or with your Carer, please contact us and tell us as soon as is reasonably possible so that we may have a reasonable opportunity to remedy any potential problems.

12.6  If you are not satisfied with our remedy to your problem with the Services or your Carer, you can make a complaint through our complaints procedure. A copy of our complaints procedure is available on our website: www.medi247care.com and we will give you a copy of our complaints procedure when you sign the Care Agreement, or you can request a copy from us at any time.

12.7  As a consumer, you have legal rights if the Services are not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens Advice Bureau, Trading Standards Office or the Local Government and Social Care Ombudsman. Nothing in these Terms will reduce your legal rights as a consumer.

13.1  We will need certain information from you to provide the Services. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may not be able to provide the Services to you. In such circumstances, we may suspend the Services or terminate the Care Agreement in accordance with Clause 10.

 

13.0  Confidentiality and your personal data

 

13.2  We will hold information about your contact details, health, and physical or mental wellbeing in accordance with the Data Protection Act 2018 and the Government Data Protection Regulations (GDPR). We will never sell your personal data.

13.3  We will respect your privacy and confidentiality and will only use your personal information as set out in our Privacy Policy. Our Privacy Policy explains what data we collect, how and why we use that data, as well as letting you know whether we will need to share your data with other

parties (for example doctors or social workers). You can find our Privacy Policy at www.medi247care.com and we are happy to provide a copy upon request.

13.4  You agree that we may disclose personal data (including sensitive personal data) about the Carer to you and that such information is strictly confidential. You also agree that you will not share, either directly or indirectly, such information to any other person, company or firm for any reason unless such disclosure is required by law, the Care Quality Commission or Care Inspectorate Wales or any relevant local authority.

 

14.0  Changes to these terms and the Support Plan

 

14.1  We may revise these Terms from time to time. We will give you at least one-month written notice of any changes to these Terms or your Support Plan unless the change is required immediately to ensure your safety or to comply with the law. If you do not agree to the proposed change, you can cancel the Care Agreement in accordance with Clause 9.

 

14.2  Where you or we reasonably believe that the Services need to change to meet your needs or requirements, we will agree any changes to the Support Plan in writing. This includes any change to the type of Services, when and how they are delivered as well as change to the price. If we are not able to reach agreement on changes to the Support Plan, either you or we may cancel this Care Agreement in accordance with Clauses 9 and 10.

 

15.0  Other Important Terms

 

15.1  You must ensure that your home is a safe environment and free from any hazards or illness which may put the Carer at risk.

15.2  We cannot give you advice on personal finances and you are responsible for arranging any financial support from the Local Authority. For information on assistance with paying for the

Services, please contact your Local Authority, the Citizens Advice Bureau or an independent financial advisor.

15.3  We may transfer our rights and obligations under the Care Agreement to another organisation, and we will always notify you in writing if this happens. You may not transfer your rights or obligations under the Care Agreement without our prior written consent.

15.4  Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5  In the event that you have been introduced to us by a third party referral agent or body, it is agreed that you will have no recourse to that third party referral agent or body in any way as part of this agreement. 

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If you have any questions about these Terms and Conditions, You can contact us:

• Email: info@medi247care.com

• Website: www.medi247care.com

• Phone: 07460885257

• Mailbox:   Medi247Care Ltd, Stockwell Centre, Unit 6 Stockwell Centre, Stephenson Way, Three Bridges, Crawley, West Sussex RH10 1TN.

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