GENTLECARE HOME CARE SERVICES TERMS OF BUSINESS

These are the Terms of Business by which you accept the services of GentleCare.  These Terms of Business are deemed to be accepted by you as soon as you request the Services (as defined below) whether or not you sign the acknowledgement below.

SERVICES

GentleCare may provide you with such temporary nursing, healthcare or domiciliary services as you may reasonably require(“the Services”) to be performed by GentleCare’s staff (“the Worker”).

TIMESHEETS

It is in your interests to ensure that a timesheet is countersigned by you covering the work undertaken by the Worker.  Failure on your part to countersign the timesheet will not affect your liability to pay GentleCare for the Services we have provided.  The timesheet acts as a record of the amount of time worked upon which the charge to you is based, and is final and binding in any event, whether countersigned by you or not.  Any queries must be raised by you within four working days of the last day’s attendance recorded on the timesheet concerned.

ALTERNATE WORKERS

GentleCare cannot guarantee that a particular Worker will be able to remain with you throughout the entire assignment.  GentleCare will use its reasonable endeavours to provide the Services to you when requested to do so, but does not accept any liability for its failure to do so.

If a Worker leaves an assignment prematurely, or fails to attend, please telephone GentleCare immediately.  GentleCare will use its reasonable endeavours to find a suitable replacement as soon as reasonably practicable (“the Alternative Worker”).

In the event that you reasonably consider that the Worker supplied by us does not possess the skills necessary for the assignment, please provide GentleCare will full details in writing whereupon we shall use all reasonable endeavours to provide you with an Alternate Worker as soon as reasonably practicable.  This is without prejudice to GentleCare’s obligations under these Terms of Business.

EQUAL OPPORTUNITIES

GentleCare aims to provide equal opportunities for all its workers and clients irrespective of their sex, age, marital status, racial or ethnic origin, physical or mental disability, sexual orientation, religious beliefs or political opinions.   GentleCare will not accept unjustified discriminatory requests.

GENTLECARE’S RESPONSIBILITIES

In respect of the Services, GentleCare:

  1. will ensure that the Worker has the relevant qualifications, authorisations, training, experience and ability for the assignment for which he/she is supplied; and
  2. will ensure that the Worker engaged in the provision of the Services holds adequate professional indemnity insurance cover; and
  3. warrants that the Services will be carried out and performed with reasonable skill and care.

All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.  Except in relation to death or personal injury caused by the negligence of GentleCare and/or its workers, GentleCare excludes any liability (whether direct or indirect, contingent or consequential including, without limitations, loss of goodwill, profit, contracts, business opportunity or revenue) for any costs, claims, damages, demands or expenses in connection with the Services provided.

YOUR RESPONSIBILITIES

  1. You undertake not to do any act or omission which will put, or is likely to have the effect of putting, GentleCare directly or indirectly in breach of any of the Employment Protection and other relevant laws (as defined below) in respect of any Worker supplied to you by GentleCare, and you will at all times use your best endeavours to ensure that such laws are complied with.
  2. You undertake that you will notify GentleCare of any risks to the health and safety of the Worker of which you become aware and agree that GentleCare may notify the Worker accordingly.  Further, you undertake that you will take all reasonable measures to ensure that such risks are removed.
  3. You will provide us with any information necessary to monitor and manage health and safety to you and others working with you.  You may be required to answer questions about your health or your home to provide us with information on these matters.

FORCE MAJEURE

GentleCare will use its reasonable endeavours to provide the Services but, should GentleCare’s obligation to do so be interrupted or interfered with by an event of “force majeure”, then GentleCare’s obligations will be suspended while the interference or interruption continues and GentleCare will not be liable to you for any loss you may suffer, or costs incurred by you, as a result of that interference or interruption.

For the purposes of this clause an event of “force majeure” shall mean any cause beyond the control of GentleCare including, without limitation, strikes, lock out of other industrial disputes, act of God, war, riot, civil commotion, fire, floor or storm.

Amended June, 2005.

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