Existence of Contract
- These conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by the client. The patient is the person(s) who requires care.
- The client is the person who engages Ebenezer (Stone of Help) Ltd and who is contractually bound by the terms of this Agreement.
- There will be no variation or amendment of this Contract and no oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties.
- In return for Ebenezer (Stone of Help) Ltd providing a carer to take care of the patient, the client agrees to pay Ebenezer (Stone of Help) Ltd for its services in accordance with the scale of fees brought to the attention of the client.
- Ebenezer (Stone of Help) Ltd will submit invoices to the client from time to time and at such periods as it determines in its absolute discretion.
- The client will pay the amount stated in the invoice within 7 days of receipt of the invoice.
- The client shall pay interest on any amount overdue to Ebenezer (Stone of Help) Ltd from the date on which payment was due to that on which it is made (whether before or after judgement) on a daily basis at a rate of 5% over the base rate from time to time quoted by Lloyds TSB Bank plc and reimburse to Ebenezer (Stone of Help) Ltd all costs and expenses (including legal costs) incurred in the collection of any overdue amount.
- Should a client request a carer insitu to be replaced and Ebenezer (Stone of Help) Ltd cannot comply, a refund will be made provided that the account has been settled in full. Accounts not so settled remain payable in full.
- Ebenezer (Stone of Help) Ltd shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in the delivery or performance of its services from any cause at all nor shall any such delay or failure entitle the client to refuse to accept any delivery or performance of or repudiate the Contract herein.
- Any illustrations, descriptive material and literature except for the specific wording of this Contract are merely intended to represent a general idea of the services to be provided by Ebenezer (Stone of Help) Ltd and do not form part of the Contract and are not to be treated as representations.
- Ebenezer (Stone of Help) Ltd shall have no liability to the client for any loss or damage arising from any breach of any express or implied warranty or condition of the Contract or for any negligence, breach of statutory or any other duty on the part of Ebenezer (Stone of Help) Ltd or its agents, or in any other way arising out of or in connection with the performance or purported performance of or failure to perform the Contract, except for death, personal injury resulting from Ebenezer (Stone of Help) Ltd’s negligence and/or breach of statutory or other duty and except as expressly stated in these terms and conditions.
- Subject to the clauses herein, when this Contract has been entered into on behalf of Ebenezer (Stone of Help) Ltd and the client, it is not cancellable by the client.
- Without prejudice to any other remedy which Ebenezer (Stone of Help) Ltd may have, in the event of the client cancelling the Contract, Ebenezer (Stone of Help) Ltd shall be entitled to charge the client the full price of the contracted booking by way of liquidated damages for breach of Contract.
- Ebenezer (Stone of Help) Ltd shall not be liable for any failure in the performance of any of its obligations under this Contract caused by factors outside its control.
- The client agrees not to solicit or enter into any business arrangement with a Carer provided by Ebenezer (Stone of Help) Ltd under the terms of this Contract which involves the Carer providing services to the patient which compete with the services provided by Ebenezer (Stone of Help) Ltd. This restriction shall be effective during the period of this Contract and for six months after the termination of this Contract, howsoever terminated and within a radius of 100 miles of Ebenezer (Stone of Help) Ltd ’s premises.
Law and Jurisdiction
- This Contract shall be governed by English law and the client consents to the exclusive jurisdiction of the English Courts in all matters regarding it except to the extent that Ebenezer (Stone of Help) Ltd invokes the jurisdiction of the courts of any other country.
- The Headings to Clauses are inserted for convenience only and shall not affect the construction of this Agreement.
- No forbearance or indulgence shown or granted by Ebenezer (Stone of Help) Ltd to the client whether in respect of these conditions or otherwise shall in any way affect or prejudice the rights of Ebenezer (Stone of Help) Ltd against the client or be regarded as a waiver of any of these conditions.
- Ebenezer (Stone of Help) Ltd has a policy of continuous improvement of its services and reserves the right to alter the services referred to in this Contract without prior notice.
- Any notice given under this Contract shall be given in writing and may be served personally or be registered or by recorded delivery mail or by telex or facsimile transmission (the latter confirmed by telex or post) or by any other means which any party specifies by notice to the other.
- Each party’s address for the service of notice shall be its above mentioned address or such other address as it specified by notice to the other. A notice shall be deemed to have been served; if it is served in person at the time of service; if it was served by post, 48 hours after it was posted; and if it was served by telex or facsimile transmission, at the time of transmission.
- This Contract can be terminated by either party giving thirty days’ notice of termination to the other.