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Terms Of Business

These are terms of business by which you, the service user, accept the 'Introduction Services' of Athena Care. You agree that these terms and conditions have been made available to you, and that any acceptance by you of the services provided by Athena Care will constitute your acceptance of these Terms and Conditions.

1. Self-Employed Introduction Service

In return for payment by you of the daily administration fee charges detailed in our charge sheet, Athena Care will at its discretion introduce you to a self employed worker (Social/Health Care Worker) who will provide you acting as the employer with the care/support service you require.

1.a Employed Service

In return for payment by you as set out in the detailed charge sheet, Athena Care will at it's discretion introduce to you an employee (Social/Health Care Worker) of the company to provide the care/support service you require. 

2. Rates and Charges

You will be notified of Athena Care's charges prior to the introduction of the social/health care worker. This will be confirmed in the Athena Care charge sheet. 

For self-employed services all daily administration fees (invoiced four weekly) must be paid to directly to Athena Care and must not be paid to the social/health care worker.You will discuss and agree payment of salary and agreed travel directly with the social/health care worker . The self-employed social/health care worker will be advised to provide you with an invoice on a weekly basis for this purpose.

For all care and support services should you subsequently privately engage a social/health worker who was initially introduced by Athena Care within 12 months of the social/health worker no longer remaining registered as self-employed or employed with Athena Care and your private engagement of that social/health care worker arose either directly by you or indirectly through a third party, the organisation reserves the right to charge you a severence fee of £2,000 plus VAT.

3. Payment

Athena Care shall invoice for our administration fee on a four weekly basis for all days of service provided by self-employed social/health care worker.Employed care and support services shall be invoiced on a weekly basis. 

All payments will be due within 7 days of the date of the invoice and may be made by cheque (made payable to Athena Care). Under no circumstances should cash payments be handed to the self-employed or employed social/health care worker to pass on to Athena Care. Invoice queries must be notified in writing to Athena Care within 7 working days of receipt of invoice.
      
Late Payment

If payment is not received within 7 days of the date of invoice, we reserve the right to charge interest at the rate of 4% above the prevailing base lending rate of Barclays Bank PLC accruing on a daily basis against the amount outstanding calculated for the date of the invoice. Where an invoice is overdue and undisputed then all outstanding invoices are deemed overdue.

Should full payment not be received within 14 days, Athena Care reserves the right to refuse to continue to provide the agreed services.

Athena Care reserves the right by giving 7 days prior written notice to terminate this agreement for non-payment and/or if payment is delayed.

4. Review of Charges

All charges are reviewed from time to time. Athena Care will notify you of any increase in writing, which will take effect immediately.

5. Cancellations or Amendment of Bookings

If you wish to cancel or amend any single visit with Athena Care, you must give Athena Care at least 24 hours notice. If you fail to give Athena Care such notice, Athena Care reserve the right to charge the full cost for that day as a cancellation fee.

Normal cancellation periods are:

Block Hour Service - 24hrs notice.
Live In Service -1 weeks notice 

Exceptions to this may be hospitalisation,illness etc.

You are required to inform Athena Care if another social/ health care worker is required.
 
6. Standard of Care

You are responsible for ensuring that you provide Athena Care with complete and sufficient information relating to your care needs to enable Athena Care to introduce to you a suitable self-employed or employed social/health care worker and to enable Athena Care to carry out its obligations under these terms and conditions. Such information required from you will include medical information, the likely duration of the introduction, location, method of entry and key holding arrangements.

It is also expected that you inform Athena Care of any changes that may effect the service provision after the service begins. 

If the social/health care worker fails to attend you must telephone Athena Care immediately. Athena Care will use reasonable endeavours to introduce another social/health care worker to you. However, the clause 7 applies should there be a delay and/or should it not prove possible to supply another
social/health care worker to you.

7. Provision of Social/Health Care Worker

There is no guarantee that a social/health care worker ,self-employed or employed will remain with you for the duration of your requirements (sickness/holidays), although the organisation shall use all reasonable endeavours to ensure continuity at all times.

If you are dissatisfied in any way with your social /health care worker, you must provide Athena Care with full details at which time Athena Care will use its reasonable endeavours to provide you with a replacement social/health care worker as soon as reasonably practicable.

8. Confidentiality

Athena Care accepts that all information it holds regarding your state of health or personal affairs is confidential. No such information will be divulged to any third party without your express written consent. The only exception to this would be in respect of relevant medical information that may be exchanged between social/health care workers/ Athena Care staff and all qualified medical personnel and/or Social Services and subsidiary companies of Athena Care if such information is required to be disclosed by law.

9. Insurance

For all self-employed services, it is your responsibility as an employer to check your social/health care worker has appropriate insurance in place.      
                                          
Athena Care will not be responsible for any damage to you your property and/or household effects and/or appliances howsoever caused by the social/health care worker.

If the social/health care worker is required to drive a car other than their own car, you will ensure that the adequate car insurance is in place.

10. Your Responsibilities

Undertake not to do any act or omission which will put or is likely to have the effect of putting, Athena Care directly or indirectly in breach of any legislation or other relevant law.

For the duration of the self-employed introduction, supervise the social/health care worker who shall be deemed to be under your complete supervision, direction and control.

11. Liability

The service user receiving the care services shall be deemed equally liable if the person paying for the services is separate from the individual, for instance a company rather than the individual receiving the service. Ultimate liability for payment rests with the person receiving the services, and not with the person/company purchasing services.

12. Termination

Athena Care reserves the right to terminate this agreement for any reason by giving 7 days written notice.

Should you breach the agreement Athena Care reserves the right to terminate it with immediate effect by giving you written notice. 

13. Process for Assuring a Quality Service
     
All social/health care workers assigned will undergo Athena Care’s rigorous selection & recruitment process, which includes as a minimum,face to face interview,two written references, Enhanced CRB Check (PoVA/ PoCA), self-employed status as required and other checks relating to legislation and best practice.

Athena Care may also undertake regular telephone checks, feedback questionnaires and as a minimum six monthly review visits (employed services) to the service user for quality assurance purposes.  

14. Use Of Online Search & Book Facility

All confirmed booking's via the use of the online search facility (search and book social/health care worker database), will consitute your acceptance of these terms and conditions. Athena Care shall make all arrangements for introductions between the service user and social/health care worker. 

15. Miscellaneous Matters

These terms and conditions shall govern the entire contract between you and Athena Care to the exclusion of any other terms and conditions. No variation, addition, or modification to these terms and conditions shall be binding unless Athena Care notifies you in writing.

No waiver by Athena Care of any breaches of these terms and conditions shall constitute a waiver of any subsequent breach of the same or any other provision.

A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any rights or remedy of a third party which exists or is available apart for that Act.

The Laws of England shall govern these terms and conditions of business and you shall submit to the exclusive jurisdiction of the English courts.