STANDARD TERMS AND CONDITIONS FOR THE PROVISION OF CARERS
The Cape Care Agency cc conducts a care and companionship service, and to this end provides independent contractors (hereinafter referred to as “carers”) to perform certain home care functions to meet the needs of its clients, namely home management, cooking, assistance with bathing and basic hygiene, reading, assistance with participation in social activities and driving. This service is provided on the following terms and conditions.
‘The Agency’ means the Cape Care Agency cc, a close corporation with limit liability duly incorporated in terms of the Company Laws of the Republic of South Africa.
‘Carers’ means those independent contractors provided to the Client by the Agency.
‘Clients’ means the person to whom the carer(s) are assigned and/or those persons who, on behalf of the person to whom the carer is assigned, contract with the Agency.
3. The Assignment
For the duration of the assignment, the Agency shall:
• Assess the needs and requirements of the Client in relation to the nature and level of care required.
• Select and match carers most suitable for the Client’s specific needs;
• Provide the required care and companionship services to the Client by means of carers.
• Provide ongoing support to the Client and regular assessment of his/her specific needs and requirements.
The Agency shall render accounts monthly in respect of the services provided.
No payment of the Agency fees shall be made by the Client directly to any carer of the Agency.
The Client undertakes not to disclose to any carer how much the payment of the fees amounts to on a daily/weekly/monthly or any other basis.
Should the Client suspend services for more then 1 week and thereafter require the same carer to resume duty, a retainer fee equal to one third of the fee charged during the period immediately preceding the suspension and corresponding in duration with the suspended period, will be charged.
The Agency reserves the right to adjust its fees from time to time on one calendar month’s written notice to the client.
5. Rotation of Carers
Carers will be rotated weekly, unless otherwise arranged between the Client and the Agency. It is understood that carers may need time off for sickness or personal business, in which event the Agency undertakes to provide a suitable replacement.
6. Provision of meals
Whilst the carers are rendering their services to the Client, the Client agrees to provide tea or coffee, and in the event that a carer should render services to the Client for a period of 12 hours continuously or longer, the Client agrees to provide light snacks.
7. The Withdrawal of Carers from the Assignment
Should the Client find any carer provided by the Agency to be unsuitable for the assignment, the Client shall notify the Agency accordingly and the Agency shall be obliged forthwith to withdraw the carer concerned from the assignment.
In the event of any carer being withdrawn from the assignment at the instance of the Client;
• Then, so as to enable the Agency to meet its obligation to act fairly towards the carer concerned, the Client shall advise the Agency in writing within seven days after the date of the withdrawal of the carer of the reasons for the carer’s unsuitability and of the facts and circumstances leading up to the withdrawal of the carer from the assignment;
• The Client recognises that it is the right and obligation of the Agency to take appropriate corrective action should this be necessary, and shall accordingly refrain from doing so himself/herself;
• The Agency undertakes to provide a suitable replacement for the carer concerned within a period of 24 hours.
The Client undertakes that he/she will not, whilst contracted to the Agency of for a further period of 12 months after the termination of the contract, employ or offer to give any carer introduced by the Agency any private employment, whether directly or indirectly, without the Agency’s prior written consent therefor first having been obtained.
The Client undertakes, that should it breach the foregoing restraint, he/she will immediately become liable for payment in full of an amount of R 5 000 (five thousand rands) as a genuine pre-estimate of the Agency’s damages.
The Agency and its representatives do not accept any responsibility and are not liable for any information or representations concerning its carers; furthermore, whilst the greatest care is taken in the selection of the Agency’s carers, the Agency does not give or accept responsibility for any warranty or representation concerning the history, character, age, capabilities or suitability of any of its carers.
Should any carer be in breach of his/her duties, or unavailable to provide the agreed service, and should an acceptable replacement not be found, the Agency fee shall be adjusted to take account of the services not provided. The Agency shall on no account be liable for consequential loss arising out of such breech of this agreement, and the Client’s damages shall be restricted to so much of the fee as they can show is not due.
Whilst great care has been taken in the screening of its carers, it is agreed and acknowledge that the Agency shall have no liability, vicarious or otherwise, for the behaviour or quality of service rendered by any of its carers, nor does the Agency accept responsibility for any wrongful act or omission of any of its carers, including, but not limited to theft, damage to property, injury, or any other cause howsoever arising. In addition, the Client indemnifies the Agency and holds it harmless against all and any claims arising from any wrongful act or omission of any of its carers committed in the course and scope of the carer’s service to the client.
Should the Client require assistance with driving, the Client undertakes to ensure that his/her vehicle is comprehensively insured.
The Client acknowledges that the Agency provides a home care service and not a health care service, and is accordingly aware that the Agency accordingly does not fall within the ambit of the health care legislation.
The Agency’s term and conditions are strictly confidential and the Client and Agency each undertake in favour of the other that they shall not disclose same to any third party. They agree further to take all steps within reason to ensure that the terms of this agreement remain confidential.