Terms & Conditions

BLUEBIRD CARE:
TERMS AND CONDITIONS
OF BUSINESS

BLUEBIRD CARE

TERMS AND CONDITIONS OF BUSINESS

YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 17 (EXCLUSIONS AND LIMITATIONS OF LIABILITY).

1. THESE CONDITIONS

1.1 What these Conditions cover. The Conditions set out below and the attached Confirmation of Instructions together form an Agreement between us, you and, if you are not the person to whom we will be providing our Care and Support Services, the Principal Customer as well.

1.2 Why you should read them. Please read these Conditions carefully before you sign our Confirmation of Instructions. These Conditions tell you who we are, how we will provide services to you, how you and we may change or end the agreement, what to do if there is a problem and other important information.

1.3 Services provided before you sign a Confirmation of Instructions. If we provide our Services at your request before you have signed the Confirmation of Instructions, you will be taken to have agreed that these Conditions apply to the provision of our Services.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are [COMPANY NAME] Limited trading as Bluebird Care ([LOCATION]). We are a company incorporated in [England and Wales] [Scotland] [Northern Ireland] under (Company number: [XXXXXX]). Our registered office address is [XXXXXXXXXXXX] (Company). References to ‘we’ in these Conditions means the Company.

2.2 How to contact us. You can contact us by telephoning our customer service team at [NUMBER] or by writing to us at [EMAIL ADDRESS AND POSTAL ADDRESS]. Please also refer to clause 13 below, which sets out how we should communicate with each other and when certain communications are deemed to have been received by the recipient.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in the attached Confirmation of Instructions. Again, please refer to clause 13 below.

2.4 “Writing” includes emails. When we use the words “writing” or “written”, this includes emails.

3. DEFINITIONS

3.1 In these Conditions words and expressions below have the meanings given opposite: -

"Agreement"	means the contract between the Company, the Customer and (if the Services are being provided to someone other than the Customer) the Principal Customer, for the provision of the Services incorporating the Confirmation of Instructions and these Conditions;
“Business Day”	means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;
“Cooling-off Period”	means the period of 14 days commencing on the day after the date on which you sign the Confirmation of Instructions during which you can cancel the Agreement, in accordance with Clause 11;
"Care Assistant"	an individual employed or engaged by the Company to provide Services to the Customer;
“Principal Customer”	means the person to or in respect of whom the Services are to be provided as identified in the Confirmation of Instructions;
“Care and Support Plan”	means the care and support plan for the Principal Customer appended to the Confirmation of Instructions;
“Confirmation of Instructions”	means the order form entitled “Confirmation of Instructions” setting out the Services ordered by the Customer and signed by or on behalf of the Company and the Customer
“Customer”	means the person identified as the Customer in the Confirmation of Instructions;
“End Date”	means the date (if any) specified in the Confirmation of Instructions on which the provision of the Services is to end;
“Fees”	means the fees payable by the Customer for the provision of the Services in accordance with clause 7 (Fees and Payment);
“Franchisor”	means Bluebird Care Franchises Limited, a company incorporated in England and Wales with company number 05701718 whose registered office is at Ground Floor Unit 2 The Briars, Waterberry Drive, Waterlooville, Hampshire, England, PO7 7YH;
"Regulator"	means in England, the Care Quality Commission (CQC) (or such regulatory body that replaces the CQC); and in Wales, the Care Inspectorate Wales (CIW) and Healthcare Inspectorate Wales (HIW) (or such regulatory body that replaces the CIW or HIW); and in Scotland, the Care Inspectorate (or such regulatory body that replaces the Care Inspectorate); and in Northern Ireland, the Regulation and Quality Improvement Authority (RQIA) (or such regulatory body that replaces the RQIA).
“Services”	means the domiciliary, live-in, specialist care and all other care and support services ordered by the Customer to be provided by the Company as identified in the Confirmation of Instructions;
“Start Date”	means the date on which provision of the Services is to commence as specified in the Confirmation of Instructions;
“Temporary Care Package”	means a respite or short-term agreement for the provision of Services for four consecutive weeks or less.
“Working Day”	means a day on which the Services are to be provided in accordance with the Confirmation of Instructions.

3.2 Interpretation. Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.

3.3 The Schedules form part of this Agreement and any reference to this Agreement includes the Schedules.

3.4 Person. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

4. PARTIES TO THE AGREEMENT

4.1 If the Customer is the Principal Customer, references in these Conditions to ‘Customer’, ‘Principal Customer’ or ‘you’ shall mean the same person.

4.2 If the Customer is not the Principal Customer, the Agreement is between the Company, the Customer and the Principal Customer. The Customer confirms that they have the necessary authority to enter into the Agreement on behalf of the Principal Customer. The obligations of the Customer and the Principal Customer under the Agreement are joint and several which means that both of the Customer and the Principal Customer are bound by and wholly responsible for all of the obligations and liabilities of each other under the Agreement, including the obligation to pay our Fees.

5. OUR OBLIGATIONS TO YOU

5.1 Providing Services Using Reasonable Care and Skill. We will provide the Services to the Principal Customer using reasonable skill and care subject to and in accordance with the Agreement, commencing on the Start Date and continuing until the End Date or termination of the Agreement in accordance with these Conditions (whichever is earlier).

5.2 Complying with the Care and Support Plan. We will try where practicable to ensure that the Services are provided in accordance with the specific requirements of the Principal Customer identified in the Care and Support Plan. However, please note that the Care and Support Plan does not form part of the Agreement and a failure to follow it precisely will not mean that we have broken our obligations to you.

5.3 Ensuring the Suitability of Care Assistants. We will take reasonable precautions to ensure the suitability of all Care Assistants for the provision of the Services, including undertaking full criminal record checks on all Care Assistants in accordance with any relevant local and national regulations that apply to the Company.

5.4 Risk Assessment. We will carry out a risk assessment at the Principal Customer’s property either before commencing provision of the Services or, where that is not practicable (for example, where provision of Services commences in an emergency situation), within five Business Days of commencing provision of the Services.

5.5 Replacement of Care Assistants. We will use reasonable efforts to replace a Care Assistant where you or the Care Assistant have requested a change. While we will try to minimise the disruption any change of Care Assistant may cause, it may impact on continuity of service under the Agreement.

5.6 Treatment of Care Assistants. We reserve the right to inform appropriate authorities where a Care Assistant has experienced any form of abuse, harassment or discrimination while providing Services under the Agreement. In such circumstances, we will be entitled immediately to cease or suspend the provision of Services and to terminate the Agreement with immediate effect if we believe it is appropriate to do so.

5.7 Reporting Suspected Abuse of Principal Customers. If we suspect a Principal Customer may have suffered abuse of any kind, we may report our suspicions to any relevant health, law enforcement or other relevant authority or organisation, without notifying you or obtaining your consent. We will be entitled to disclose personal data and confidential information relating to the Customer and Principal Customer when making any such report and in any subsequent investigation carried out by any relevant authority.

6. LIVE-IN CARE

6.1 Provisions for Live-In Care Assistants. Live-in Care Assistants must be provided with a separate bedroom with a bed, clean bed linen and cleaning supplies. Live in Care Assistants must also be provided with either full board or an amount in cash each week for their dietary requirements, as set out in the Confirmation of Instructions.

6.2 Breaks. Live-in Care Assistants must be given a minimum 2 hour break in each Working Day. They should be allowed to take this during daylight hours unless otherwise agreed between you and them.

6.3 Additional Services. If you require additional Services at any time (whether to cover a live-in Care Assistant’s break periods or for any other reason), you must submit a written request for additional Services. We must receive this a least five Business Days before additional Services are required. We will make reasonable efforts to obtain a Care Assistant to provide such additional Services but cannot guarantee this and are not obliged to do so. Unless Fees for additional Services are covered in the Confirmation of Instructions they must be agreed in writing in advance, failing which, we will not be obliged to provide the requested additional Services.

7. FEES AND PAYMENT

7.1 Fees. Fees for our Services are as set out in the Confirmation of Instructions. If no Confirmation of Instructions has been completed and signed when the provision of Services commences, we will inform you in writing of the Fees that will be charged.

7.2 Overtime Charges. If a Care Assistant works additional hours in excess of the hours agreed in the Confirmation of Instructions we will be entitled to charge additional Fees for those extra hours, at the hourly rates set out in the Confirmation of Instructions.

7.3 Invoices. Unless alternative billing arrangements have been agreed and recorded in the Confirmation of Instructions we will deliver invoices for our Fees two weeks in arrears. Our invoices will contain a breakdown of the Services provided.

7.4 When Payment is Due and Interest. Invoices are payable within 7 days of their date of issue. We reserve the right to charge interest after this, calculated on a daily rate of 4% above the Bank of England base rate. Such interest will accrue daily and continue to do so as long as any amount due remains unpaid, whether before or after any judgement is given in any court or other legal proceedings.

7.5 Deposit. You may be required to pay a deposit as security for the payment of Fees under the Agreement. If so, this will be reasonably calculated and will not exceed an amount equal to one month’s anticipated Fees. The deposit may be used by us to meet any Fees invoiced to you which have not been paid by the due date for payment. If the deposit or any part of it is used to meet overdue unpaid invoices, you will be required to pay a further amount on deposit or whatever amount is required to replenish the deposit to its original amount.

7.6 Cancellation Charges. If you cancel a care visit less than 28 days in advance, we will be entitled to charge all or a proportion of the Fees payable for the cancelled visit, on a sliding scale, as set out in Schedule 2. We will try to minimise costs where practicable and provide a reasoned breakdown of any cancellation charges.

7.7 Review of Fees and Notice. We may review our Fees from time to time. The results of any such review will be notified to you in writing as soon as practicable and with a minimum of two months written notice to you of any increase in Fees.

7.8 Payment Methods. You must pay our invoices using the method specified in the Confirmation of Instructions. If you wish to change the method by which you pay us, you will need to notify us in writing. We are not obliged to agree to any new proposed method of payment but will not unreasonably refuse to agree to any such change provided that we have the facility to accept payment by the proposed new method.

8. NON-SOLICITATION

8.1 Customer Acknowledgment. You acknowledge that we have invested significant time and resources in recruiting, employing and training staff, including Care Assistants, to work in our business providing care and support services to you.

8.2 Agreement Not to Solicit Care Assistants. During this Agreement and for a period of six months after its termination (for whatever reason) you agree not to directly or indirectly solicit, employ or engage the services of any Care Assistant who was providing Services to you or the Principal Customer at the date of termination or had done so at any time in the preceding three months.

8.3 Consequences of Solicitation. If you break your non-solicitation obligations in this clause, we are entitled to claim compensation from you for losses we have incurred as a result. This may include the cost of recruiting replacement Care Assistants and compensation for any resulting loss of any other custom or business. We may also be entitled to obtain a Court order (injunction) enforcing the restrictions in this clause and preventing the Care Assistant from working for you or the Principal Customer.

9. INSPECTION

9.1 Conduction of Inspections. As a regulated business, we may be inspected from time to time by the Regulator, a local authority, health trust or other relevant authority, which may involve an inspector coming into the Principal Customer’s property to monitor the provision of our Services. We will try where practicable to inform you in advance of any such inspection.

9.2 Internal Audits. We operate our business under franchise from the Franchisor. We will therefore also be subject to internal audit by a nominated individual from our Franchisor from time to time, who may accompany our Care Assistants on care visits. We will try where practicable to inform you in advance of any such internal audits.

9.3 Information Sharing. Where necessary in relation to an inspection or internal audit, we may be required to share information relating to you. We will only share your information for the purpose of quality monitoring and compliance with any relevant regulations. Please see our Privacy Policy for more information.

9.4 Supervision. It is a legal requirement for us to demonstrate supervision of Care Assistants. We will supervise and observe Care Assistants carrying out their work to ensure the standard of work provided by them is satisfactory.

9.5 Your Cooperation for Supervision. In order for us to supervise our Care Assistants, we require you to facilitate and allow our assessor staff to attend the Principal Customer’s property and any other location at which the Services are provided in order to monitor the Care Assistant(s) while they are providing Services. If you fail or refuse such access we will be entitled to suspend provision of Services or terminate the Agreement. In either case, we will be entitled to continue to charge our Fees as if the provision of the Services was continuing during any period of suspension or up to the date of termination of the Agreement, as the case may be.

10. COMPLAINTS

10.1 Complaints Procedure. We aim to ensure that you are given the highest quality of care and service. If you feel aggrieved or unsatisfied with the Services provided by us, a clearly defined complaints procedure exists. Full details of our complaints procedure are set out in our customer guide, a copy of which is available on request

11. CANCELLATION OF THE AGREEMENT

11.1 Notice of Cancellation within the 14 day Cooling-off Period. if you change your mind for any reason, you are entitled to cancel the Agreement within the 14 day Cooling-off Period. To do so, you must tell us by giving us notice in the form set out in SCHEDULE 1.

11.2 Cancellation Refund. If you cancel the Agreement under clause 11.1, you are entitled to a refund of any Fees paid to us under the Agreement as long as we have not provided any Services before we receive your notice of cancellation.

11.3 Deductions from Refunds. If any Services have been provided to you prior to us receiving your notice of cancellation, we will be entitled to charge Fees for these and to be reimbursed for any expenses already incurred by us or our Care Assistant(s). This may include reasonable administration, travel, subsistence and other expenses. We will be entitled to deduct any such Fees and expenses from any deposit or advance payment of Fees made by you before providing you with a refund of any amount due. A breakdown of sums paid by you and any amounts deducted will be provided.

11.4 Refund Payment Method. We will pay refunds by electronic transfer of funds to the account from which you pay us or by cheque. We will try where practicable to process refunds within 15 Business Days.

12. TERMINATION

12.1 Termination by the Company or Customer on 28 Days Written Signed Notice. Either you or we can terminate the Agreement at any time by giving not less than 28 days’ written and signed notice to the other.

12.2 Non-Payment of Fees. If you fail to pay any amounts due to us under the Agreement, we will give you written notice demanding payment of the overdue amount. If you fail to pay within 14 days of this written demand, we will be entitled to terminate the Agreement and stop providing Services to you immediately.

12.3 Irremediable Breaches. Either of us can terminate the Agreement with immediate effect if the other commits a breach of their obligations under the Agreement which is not capable of being remedied.

12.4 Remediable Breaches. Where a party breaks obligation which can be remedied, the innocent party can serve written notice on the party at fault, stating which obligation(s) has/have been broken, what needs to be done by the defaulting party to put things right and allowing 14 days to comply. If the party at fault does not put things right within 14 days of that written notice being served, the innocent party can terminate the Agreement with immediate effect by giving written notice to the defaulting party, and stop performing any of its obligations under the Agreement.

12.5 Suspension/Termination of the Agreement due to a Significant Risk of Harm / Compromised Health and Safety. In circumstances where we reasonably perceive a significant risk of harm to a Care Assistant or that the health and safety of those involved in the provision of the Services to you is compromised, we may immediately suspend the provision of the Services and/or terminate the Agreement with immediate effect. We will communicate any such suspension and/or termination to you as soon as reasonably practicable by whatever means of communication are reasonably practicable and available.

12.6 We reserve the right to withdraw staff and/or to cancel this Agreement with immediate effect, in circumstances which make the continued provision of the service untenable. Such circumstances would include (but would not be limited to) failure by you, or someone else at your home to provide a safe environment and/or appropriate equipment for the service, sexual or racial harassment, discrimination or abuse, extreme alcohol consumption, unreasonable behaviour or requests that a member of staff undertake unreasonable or illegal activities

13. NOTICES AND COMMUNICATIONS

13.1 Requirement for Writing and Methods of Delivery. Any notice or other communication given to a party under or in connection with the Agreement shall be in writing and shall be:

(a) delivered by hand or by pre-paid first-class post or other next Business Day delivery service at their address as set out in the Confirmation of Instructions (or an alternative address notified by the recipient in accordance with this clause 13); or

(b) sent by email to the address specified in the Confirmation of Instructions (or an alternative email address notified by the recipient in accordance with this clause 13).

13.2 Deemed Receipt of Notices. Any notice or communication shall be deemed to have been received:

if delivered by hand, at the time the notice is left at the proper address;

if sent by pre-paid first-class post or other next Business Day delivery services, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.

if sent by email, at 9.00am on the next Business Day after transmission.

13.3 Application of this Notice Clause. This clause does not apply to the service of proceedings, documents in a legal action or where applicable, arbitration or other methods of dispute resolution.

14. INSURANCE

14.1 Our Public and Employers Liability Insurance Policy.

(a) What is covered. We have insurance to cover Care Assistants against accidents which occur while they are providing Services to you.

(b) What is not covered. Your possessions are not covered by our insurance policy. These should be covered by your own household or other insurance. However, We would accept our legal responsibilities for any justifiable claim that is not recoverable under your household insurance contents policy. It will be your responsibility or your authorised representative to give clear, proper and adequate instructions for the use of items or electrical equipment in your home.

14.2 Vehicle Insurance. Care Assistants must not be asked or allowed to drive your vehicle, or any vehicle other than their own vehicle or a vehicle that belongs to us unless we have given you our written permission for them to do so. If you want a Care Assistant to drive your vehicle, before asking or permitting them to do so, you must give us such written evidence as we may reasonably require that the Care Assistant will be fully comprehensively insured when driving your vehicle. This includes a copy of the current vehicle insurance policy certificate.

15. VARIATIONS TO THESE CONDITIONS OR THE AGREEMENT

15.1 Changes to these Conditions by us. We reserve the right to change these Conditions from time to time. If we do, we will give you at least two months’ written notice of any such change.

15.2 Requests for Variation by you. If you wish to vary the Services, you should submit a written request to us at least 28 days before you wish any change to come into effect. We are not obliged to accept your request but if we agree to do so, we will prepare a suitably revised Confirmation of Instructions for you to sign. Any change requested will not come into effect until the revised Confirmation of Instructions has been signed by you.

16. DATA PROTECTION

16.1 Privacy Policy. Personal information relating to you is held on file with us during your agreement with us. This is retained for a statutory required period of time after your agreement too. This information is securely kept and will only be used, processed, and disclosed in accordance with our Privacy Policy.

17. EXCLUSIONS AND LIMITATIONS OF LIABILITY – YOUR ATTENTION IS DRAWN TO THIS CLAUSE IN PARTICULAR

17.1 Force Majeure. We will not be liable if we cannot perform our obligations under the Agreement because of any acts of God, riots, civil commotion, usurped power, strikes or labour disturbances or any other circumstances which are beyond our control (Force Majeure). If we are unable to provide the Services for a period in excess of seven consecutive days, you are entitled to terminate the Agreement with immediate effect by giving us written notice to that effect.

17.2 Death or Personal Injury Caused by Negligence, Fraud and Fraudulent Misrepresentation. The law does not allow us to exclude or limit any liability for death or personal injury which is our fault, or for committing fraud or fraudulent misrepresentation, and nothing in these Conditions or the Agreement does so.

17.3 Your Possessions. We will not accept liability for fair wear and tear or purely accidental damage to your possessions. You must ensure any such loss or damage is covered by your household insurance.

17.4 Our Liability. Except for claims for loss of or damage to property (which are subject to clause 17.5) and subject always to clause 17.2, our total liability to you in respect of any claim made against us in respect of the Services or Agreement shall not exceed: XXXX

(a) in the case of an Agreement which has been in force for 12 months or more, the aggregate of the Fees paid by you to us in the 12 month period ending on the date on which the claim arose; or

(b) in the case of an Agreement which has been in force for less than 12 months, the aggregate of the Fees which would have been payable by you had it been in force for 12 months, calculated by reference to the average monthly Fees paid by you during the period from the Start Date to the date on which the claim arose; or

(c) in the case of a Temporary Care Package, the aggregate of the Fees payable (or which would be payable) for the whole period of such Temporary Care Package.

17.5 Our Maximum Liability Amount To You – Claims for Loss / Damage to Your Property. Subject to clauses 17.2 and 17.3, our total liability under the Agreement for any claim for loss of or damage to your property resulting from the negligence or wilful default of us or any of our employees, agents or sub-contractors shall not exceed £ 2,000,000.

17.6 No Liability for Indirect or Consequential Losses. We will not be liable for any indirect or consequential losses of any kind, including loss of profits, loss of anticipated savings or any other indirect or consequential losses.

17.7 Survival of This Clause After Termination. This clause 17 shall survive termination of the Agreement.

18. EQUAL OPPORTUNITIES

18.1 Our Equal Opportunities Policy. This is operated by us to protect against discrimination on the basis of age, race, religion, gender, sexual orientation, marital status or disability. A copy of our equal opportunities policy is available on request.

19. THIRD PARTY RIGHTS

19.1 No Third-Party Rights. Unless expressly stated otherwise, this Agreement does not give anyone other than the Company, the Customer and the Principal Customer the right to enforce any term of this Agreement.

19.2. No Third-Party Consent Requirements. The rights of the parties to cancel or vary this Agreement are not subject to the consent of anyone other than the Company the Customer or the Principal Customer.

20. GOVERNING LAW

20.1 Applicable Law. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or its formation shall be governed by and interpreted in accordance with the law of [England and Wales] [Scotland].

21. JURISDICTION

21.1 Court Jurisdiction for Claims/Disputes. The courts of [England and Wales] [Scotland] shall have exclusive jurisdiction in relation to any dispute or claim (including non-contractual disputes of claims) arising out of or in connection with this Agreement or its subject matter or formation.

I confirm I have read and understood these Conditions and agree to the terms and conditions set out in them.

Signed (Customer): ……………………………………………………………………………

Print Name: …………………………………………………………………………………….

Date: ………………………………………………………….

MODEL CANCELLATION FORM

FORM OF NOTICE TO CANCEL THE AGREEMENT

To [Enter the Company’s name, address, telephone number and email]

[I/We] hereby give notice that [I/We] cancel [my/our] Bluebird Care contract for the supply of provision of domiciliary care and associated services.

Ordered on/received on: [DATE]

Name: …………………………………………………………………....

Address: …………………………………………………………………………………………………….

……………………………………………………………………………………………………………….

Signed: …………………………………………………………............. Date: ………………………….

FEES CHARGEABLE FOR CANCELLATION OF

SCHEDULED VISITS

Notice of Cancellation Given	Percentage of Fees Chargeable
*[28] clear days or more**	[XX]%
[14 to 27] clear days	[XX]%
[7 to 13] clear days	[XX]%
[2 to 6] clear days	[XX]%
Less than 2 clear days	[XX]%

*“clear days” do not include the day on which the notice is deemed to have been received under clause 13 of these Conditions or the day on which the Services being cancelled were due to commence.

For example, if the Services being cancelled are due to commence on 30 June, the 28 clear days does not include 30 June itself, nor the day on which the notice is deemed to have been received under clause 13.

So, if the notice of cancellation is sent to us by pre-paid first class post, it will be deemed to have been received by us two Business Days (as defined in clause 3.1 – does not include Saturdays, Sundays or bank or other public holidays) after posting. If it is posted on a Wednesday, it will therefore be deemed to have been received by us the following Friday, assuming there are no public holidays in between. If it is posted on Maundy Thursday, none of Good Friday, Easter Monday or the weekend in between are, “Business Days”, so the notice would be deemed to have been received by us on the following Wednesday, which would not count in calculating how many, “clear days” notice of cancellation have been given.