These Terms and Conditions of Business are between JM Healthcare Limited (“The Company”) and the employing client (“The Purchaser”) and/or the recipient of services (“The Service User”)
The Terms and Conditions of Business have been made available to the Purchaser and/or Service User either at a meeting, or in correspondence, including electronic correspondence, with a duly authorised representative of the Company and any subsequent acceptance by the Purchaser and/or service User of the provision of services by the Company will deem that the Purchaser and/or Service User has accepted these Terms and Conditions of Business as being the basis of a contractual agreement between the Company and the Purchaser and/or Service User.
Copies of these Terms and Conditions of Business are available upon request from the Company.
The Company is a provider of care and associated services and it offers such services to the Purchaser and assumes responsibility for the collection and payment of care fees. In accordance with Section 134 and 135 of the Income and Corporation Taxes Act 1988, and related legislation, the Company is required to deduct, where applicable, all statutory contributions as may be required by the legislation applicable to the operation of its services.
No statement, unless stated to the contrary, contained in any brochure, document or letter issued by the Company, will form any part of these Terms and Conditions of Business.
The Company’s charges for the provision of care services will be notified to the Purchaser and/or Service User before the commencement of such services and will be confirmed by the issue of a letter signed by an authorised representative of the Company or an electronic communication from an authorised representative of the Company. Any special charges or terms agreed with the Purchaser and/or Service User will be confirmed, in writing or electronic communication, by an authorised representative of the Company and in the absence of such confirmation, it will be assumed that no special charges or terms exist.
Unless otherwise specifically stated, VAT (where applicable) on the Company charges will be added to all invoices submitted. Any subsequent amendments to the Company’s scale of charges will be notified, in writing or by electronic communication, to the Purchaser and/or Service User.
The Company’s charges are normally reviewed once yearly, but the Company reserves the right, at its absolute discretion, to review its charges at other intervals. The Company will give a minimum of two weeks advance notice of its intention to review its scale of charges and such notice will be conveyed, in writing or by electronic communication, to the Purchaser and/or Service User.
Any other expenses or charges, as may be agreed between the Company and the Purchaser and/or Service User, shall be clearly itemised by the Company on their invoice/s.
If the Purchaser and/or Service User intends to claim benefits payable under a policy or contract with an insurance company which covers the full or part payment of Long Term Care and service charges, then such payments must be subject to direct settlement, by the insurance company, with the Company and such arrangements must be approved by the Company prior to the provision of services.
The Purchaser and/or Service User undertakes to pay any shortfall in payments made by the insurance company in the event of changed personal, financial and/or taxation circumstances of the Service User, or to any general changes in taxation laws, or in the taxation treatment of any such policy or contract, accepted by the Company for the payment of charges.
If the Purchaser and/or Service User believe that the Company’s fees may be reimbursed by private medical insurance companies, it is the Purchaser and/or Service User’s responsibility to arrange this.
The Company cannot enter into arrangements on behalf of the Purchaser and/or Service User with private medical insurance companies, nor can invoices be sent direct to such companies for payment.
The Company cannot accept responsibility for any financial advice given to the Purchaser and/or Service User. However, information regarding State Benefits and related financial assistance with the Company’s charges is available, upon request.
Invoices are payable upon presentation, unless otherwise specifically agreed and confirmed in writing, or by electronic communication, by the Company.
The Company reserves the right to charge interest at 4% above the applicable base rate of the National Westminster Bank plc on any sums outstanding 28 days after the date of invoice, including invoices entering probate unsettled, will be calculated and charged on a daily basis on the total outstanding until the amount overdue is paid Interest.
The Company will give the Purchaser and/or Service User, or their authorised representative, 7 days notice, in writing or by electronic communication, of its intention to charge such interest. The Company also reserves the right, upon 7 days of notice in writing or electronic communication, to terminate the provision of services in the event of continued non-payment, or delayed payment, of invoice(s).
The Company reserves the right to charge the Purchaser and/or Service User its normal charges for a period of up to, but not exceeding, 48 hours, if less than 48 hours notice is given of the Purchaser and/or Service User’s desire to terminate any services provided by the Company.
The Company accepts that all information it holds regarding a Purchaser or Service User’s state of health or personal affairs is held in confidence. No such information will be divulged to any third party without the expressed written consent of the Purchaser, the Service User, or their Legal Representatives. The only exception to this would be in respect of relevant medical information, which would form the basis of a normal professional interchange between the Company and a Qualified Medical Practitioner, District Nurse or Social Worker.
The Company accepts liability only for the action of all persons in its direct employ where such actions arise directly as a result of such employment.
No liability shall attach to the Company in respect of Acts of God, Riot, Civil Commotion, Usurped Power, Strikes, Labour Disturbances or other such events as may be so construed.
The Company has affected a Public and Employers Liability insurance policy to indemnify it against costs incurred in respect of proven acts for which the Company can be held liable in law.
The Purchaser and/or Service User indemnifies the Company for loss, damage, personal injury or death caused by the negligence of the Purchaser and/or Service User, or by their default under the terms of this agreement.
The Company aims to ensure that all Purchasers and/or Service Users are given the best possible care and service. However, a clearly defined complaints procedure exists and full details are included on a separate form, which is available to all Purchaser and/or Service Users.
Further copies of the Complaints Procedure Form are available from the Company’s Offices.
The Terms and Conditions of Business constitute all the Terms and Conditions of Business between the Company and the Purchaser and/or Service User.
No variation of these Terms and Conditions of Business shall be binding unless such variations are agreed upon by both the Company and the Purchaser and/or Service User in writing or by electronic communication.
In the event that such variations have been so agreed, then those variations shall form part of the agreement between the Company and the Purchaser and/or Service User and these Terms and Conditions of Business, together with any variations agreed, constitute the entire agreement between the said parties.
The Company operates a policy of Equal Opportunities in all aspects of its employment and service operation.