This is a statement of the terms and conditions that govern the agreement between Lynedoch Care Ltd (the Company) and the Client (an individual care user and/or a relative or any third party with authority to act on behalf of the care user). This agreement is deemed accepted either by acceptance of services at interview or by booking in person, verbally, by telephone, by fax or in writing (including e-mail) carers or other workers supplied by the Company. By accepting this agreement the Client agrees to pay the prices quoted. These Terms of Business apply to all assignments accepted.
The temporary workers are employed by Lynedoch Care, but on variable hours and so the Company cannot guarantee that a particular worker will be able to remain with the Client throughout the length of the assignment. However the Company undertakes to make all reasonable effort to maintain continuity of service. If at all possible, the Company will consult with the Client prior to any change in worker.
The Client is not responsible for payment of National Insurance and P.A.Y.E. for any of the Company's employees or workers.
The hours worked will be verified by the Client signing the worker's timesheet (or a third party if the Client is unable to sign). This will be presented by the worker for signing on a Friday each week or at the end of the assignment whichever comes first. The Client's signature on the timesheet means that the Client is satisfied with the services provided by the worker during the stated hours. However, if the Client fails to sign or is unable to sign the timesheet for whatever reason, the Company reserves the right to charge for all hours worked to a satisfactory standard.
If a worker supplied proves unsatisfactory the Client must inform the company within 2 hours of the worker starting work. The Company will endeavour to find a replacement as soon as possible.
The Company will give a current list of charges to the Client before the Client engages the worker and the Client agrees to pay the Company in accordance with those charges. Any unusual charges for services requested by the Client which are not included in the list of charges will be agreed between the Company and the Client before commencing work. All charges are subject to regular review and changes will be notified to the Client in writing from time to time.
The charge listed on the List of Charges includes all National Insurance, Holiday Pay and P.A.Y.E. V.A.T. will be added to the charge at the appropriate rate. Travel expenses may be added to the charge if the assignment involves the worker travelling through the boundary of the City of Edinburgh.
No cancellation fee will be charged if 24 hours or more notice is given. Less notice will result in a cancellation fee of the value of the assignment booked.
Fees will be invoiced on a monthly basis and payable within 14 days of the date of the invoice. The Client will be liable for an additional interest charge calculated on a daily basis equivalent to an annual interest rate of 5% above the Royal Bank of Scotland base rate for invoices outstanding longer than this period. Any queries regarding any invoice must be raised on receipt of the invoice by contacting the Company office at the address above. Payment can be made by cash directly to the office, by cheque or postal order in the post or by Internet transfer. Payment should under no circumstances be paid directly to the worker.
If the worker is taken into employment by the Client within six month of being introduced to the Client or within six months of the date the worker last attended to the Client then the Company will be entitled to charge a transfer fee. This fee will amount to 15% of the expected earnings of the worker for the first year. This fee will apply whether the approach for employment is made either by the Client, a third party or the worker themselves. If the Client wishes to retain the services of the worker in any way other than through the Company, the Client must contact the Company directly before engaging the worker.
While every effort is made by the Company to ensure high standards of skill, integrity and reliability from our carers and other workers, the Company does not accept any liability for loss, expense, damage and delay from any failure of a particular worker or indeed failure to provide any particular worker for either all or part of a booking. The carer or other worker will be under the direct control of the Company.
All complaints should be addressed to the carer or other worker carrying out the assignment in the first instant. If this is not possible, complaint should be made verbally or in writing to the registered manager of the service who will investigate the matter and reply to the Client within one week. A full complaints procedure will be given to the Client outlining further steps to take in the event of dissatisfaction.
It is the policy of the Company to engage the services of the best qualified people to fulfil each individual assignment and not to discriminate against any person on the grounds of their race, colour, national origin, sex, sexual orientation, marital status, disability or age
The Company will discuss compliance with Health and Safety regulations with the Client if appropriate and a basic Health and Safety Assessment will be part of the initial Needs Assessment carried out by our senior staff at the time the Client engages the services of the Company.
The Company will store all personal information in a confidential manner in a secure location and the Client confirms acceptance of the Company's right to store such information. The Client has a right to access to information stored about them. For details of how to access this information contact the nurse in charge of the service.
In the event of closure or withdrawal of the service, the Company will provide the Client with a list of similar local providers of care services. The Company will ensure that all practical assistance will be given to the Client in organising a continuation of their care. A full closure policy is included in the Client's pack.