Detailed below are the terms and conditions under which we (Gardiner’s) will supply our service to you (the Service User).
Your care package and care visits
We will discuss, document and agree with you a care package which reflects your needs and preferences. That care package will be updated as and when your needs and preferences change.
We will always try to provide Care Workers at the times agreed between us. If it is necessary to attend at a different time or if we are unable to provide cover for a care duty, we will provide as much advance notice to you as circumstances allow. You accept that if unable to cover a care duty that has been requested, Gardiner’s will have no financial liability to you or anyone else.
Your home as a workplace
You are responsible for providing a safe working environment with appropriate equipment to allow Care Workers to carry out the service safely including:
- Emergency exit – keep clear a safe route in and out of your home.
- Smoking – prevent anyone from smoking in your home whilst our Care Worker is present and for at least one hour before their visit.
- Care equipment required for your care must be serviced and in good order.
- Domestic duties – any domestic equipment that Care Workers are expected to use such as toasters, vacuum cleaners, cleaning products etc. should be safe.
- Dogs – should be shut in a separate room during a Care Workers’ visit.
- Smoke and carbon monoxide alarms should be installed and regularly tested.
Insurance & liability
Gardiner’s are responsible only for loss or damage that is a foreseeable result of our breach of these Terms & Conditions or our deliberate negligence. Gardiner’s are not responsible for any accidental damage to your property which should be covered by your own home insurance and contents policy.
Where the service includes our Care Worker driving your car, you must have suitable motor insurance in place to cover any damage to property and any injury to the Care Worker, passengers and any third parties. You must also ensure that the vehicle is road worthy and safe to drive.
Data protection, confidentiality & privacy note
In order to provide care and support, Gardiner’s needs to use certain personal information about you. This information is used to maintain up to date personalised care plans, to help keep you safe and to allow us to respond appropriately to any concerns. It allows us to monitor the quality of the service that we provide. Without this information Gardiner’s are not able to provide our service. By requesting care and support from Gardiner’s you agree to your information being shared and stored as outlined below and overleaf.
The information that Gardiner’s hold about you will include contact details, support needs, your preferences, medical history and how this affects ability, funding arrangements, emergency contacts, details of others involved in providing care. In addition there will also be ongoing records documenting the provision of care, as well as reviews and management of your care package.
Gardiner’s will safeguard the personal data that we hold about you, to ensure that it does not fall into the hands of unauthorised third parties. We will only ask for information that is relevant and necessary for us to deliver our service. Any personal information that we process must be accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. Individuals may ask us to correct inaccurate personal data relating to you.
Gardiner’s will not use the information we hold for any unconnected purpose unless you have agreed to this or you would otherwise reasonably expect us to do so. We will not send marketing information to you or pass your details on to other companies.
We keep your information confidential, with access limited to those from Gardiner’s who are currently involved in providing or managing your care. We may also on occasion need to share information or concerns with people outside of Gardiner’s, who are involved in your care. We ask permission before sharing information, the exceptions being if you have been assessed as not having the capacity to make the decision, in which case a best interest decision will be made, or if we are seriously concerned about your safety or well-being.
Where Gardiner’s engages the service of a Data Processor, for example by using hosted services such as PASSsystem, we will have a contract in place with the Data Processor to ensure that your information is secure and protected and that the requirements of the General Data Protection Regulation are met.
Most information about you shared within our team, is recorded via PASSsystem. Information may also be discussed in person with Care Workers by telephone. We also communicate with Care Workers by email, text message and using a secure messaging applications – such is largely limited to arranging cover for your care duties or to direct to read an important communication within PASSsystem.
Prior to an inspection, we are required to pass Service User contact details to our regulatory body, the Care Quality Commission (CQC). The CQC may contact you to ask questions about how we run our service. They will delete your contact information once they have completed the inspection.
The Gardiner’s care folder kept in your home must be returned to Gardiner’s when the service finishes. Paperwork returned to the office is securely scanned before being sent for shredding.
Information gathered during the provision of our service will be securely retained for three years after the service finishes. You have, subject to certain exceptions, the right to request access to information held about you. You may also request that any information held about you is deleted; this will only be refused if a valid exemption applies.
Cancellation of the service by you
To cancel the service, please telephone 01183347474 to speak with your Care Manager. You must give 2 weeks’ notice to cancel the service. Duties cancelled with less than 2 weeks’ notice will be charged.
To cancel individual duties, 48 hours’ notice is required. Duties cancelled with less than 48 hours’ notice will be charged including where due to circumstances beyond your control such as hospital admissions.
Cancellation of the service by us
To cancel the service we will contact you by telephone, or email if that is not possible, to explain the details. We may terminate the service for any reason by giving two weeks’ notice. We may also cancel the service with immediate effect if continued provision is untenable.
Permanent engagement of our staff
If within 6 months from when a Care Worker last provided care to you, they are directly engaged by you or another party to whom you have introduced them, you must pay a fee of £3,000, or if higher, the fee charged to you by Gardiner’s for the last month.
Care Workers are required to report to their manager any request made to them by a Service User, or connected party, to work privately.
Updating these terms and conditions & our charges
These terms and conditions supersede all previous agreements and arrangements relating to your care. We may vary these terms and conditions and our charges in writing by giving you 14 days’ notice.
Agreement to charges and payment terms
You agree to the charges . If your care is funded by another party, the services we provide may cost more than the funding that you receive. In the event that there is any shortfall between the cost of our services and the funding for your care, it is your responsibility to meet these additional costs.