ABN: 4563 2102 017 ACN: 632 102 017
Terms & Conditions
Terms and conditions of service
Perth Care + Companion Company is a provider of social welfare services in the home owned and operated by CJ&R ENTERPRISES PTY LTD (trading as Perth Care + Companion Company).
The following document, which should be read in conjunction with our Service User Guide, outlines our Terms and Conditions of Service by which you, the Client, accept the services of Perth Care + Companion Company.
You accept that these Terms and Conditions of Service have been made available to you, and that any acceptance by you of the services provided by PCCC will constitute a contract with Perth Care + Companion Company incorporating these Terms and Conditions of Service. Terms and Conditions of Service will be emailed to you to your nominated email address, this will constitute provision of these and acceptance of them.
Perth Care + Companion Company “the company” office is based in Como and operates throughout the Perth Metropolitan area.
“The Client” is the person who commissions the services of Perth Care + Companion Company and who is contractually liable for payment of its fees.
“The Service User” is the person to whom Perth Care + Companion Company provides its care and may be the Client or may be the person for whom the Client commissions the services of Perth Care + Companion Company.
Perth Care + Companion Company will provide the services as set out in the Service User Care Plan, as Perth Care + Companion Company and the Client may agree to amend from time to time by prior agreement. The provision of services is subject to the following Terms and Conditions of Service:
All services will be charged two weeks in advance and are specific to the service specifications detailed below. Fees are subject to review and Perth Care + Companion Company will notify Service Users of variations in writing 7 days prior to them coming into force. All charges must be paid to Perth Care + Companion Company who will be responsible for paying a Care Companion in accordance with relevant and applicable legislation and award.
Public Holiday rate applies to all days, which attract Public Holiday rates for staff.
All charges are for provision of a Care Companion; additional charges will apply where Registered or Enrolled Nurses are requested.
Our current fees are attached in schedule A:
Travel during client service is charged for all services and includes transporting client or running errands for client. Travel to and from client is not charged unless specifically negotiated with client.
Regular Care Companion
Regular Care Companionship is charged per hour.
Live-in Care is charged per 24-hour period from 7am-7am (or 24 hour period as negotiated). Each 24-hour period includes 8 hours of active care by the care companion. Live-in Care requires the Care Companion to be ‘on-hand’ 24 hours per day and be able to sleep for 8 hours with a maximum of 2 short (15 minutes or less) interruptions to the rest period to assist the client over-night. Any additional hours of active care are charged at the regular care rates. Couples live-in rate remains the same if both client care needs can be met within 8 active hours of care.
Complete Care Companionship
Complete Care Companionship provides 24 hours of active care to clients in their own home. Each episode of care is charged per 24 hour period from 7am-7am (or 24 hour period as negotiated).
Welcome Home Service
- Specified active hours delivered Monday to Friday between 6am and 8pm
- Minimum or one hour service
- One escort home from hospital with 10 kilometre radius from home address
- One trip to collect groceries etc. post-discharge
- Travel in addition to 10 kilometers from home during escort
- Transport to appointments, social outings during service
- Weekend, Public Holidays or services before 6am or after 8pm Monday-Frida
Escort from hospital
6 hours of care over 3 days
Escort from hospital
10 hours of care over 5 days
Surcharges in addition to service charge
Before 6am or After 8pm
Sleep Over Care * eligibility applies
Sleep Over Care is charged per sleep over episode. Each episode is from 8pm-8am and includes a total 3 hours of active care between the hours of 8pm and 10pm and 6am-8am. Sleep over Care requires the Care Companion to be ‘on-hand’ overnight only and be able to sleep for 8 hours with a maximum of 2 short (15 minutes or less) interruptions to the rest period to assist the client over-night. Any additional hours of active care are charged at the regular care rates. Couples live-in rate remains the same if both client care needs can be met within 3 active hours of care. Any additional hours of active care are charged at the regular care rates.
Perth Care + Companion Company reserve the right to invoice in advance for services. Any adjustment to actual services delivered will be made in subsequent invoices.All invoices are payable immediately on receipt and must be paid directly to Perth Care + Companion Company by either direct debit or bank transfer.
Perth Care + Companion Company reserves the right to require a deposit, payable as security against the anticipated final invoice.
- Late Payment
If payments are late, Perth Care + Companion Company may, without prejudice to its other rights, suspend services. In addition, if payment is not received in full within 10 days of the invoice date, interest will be charged at the rate of 10% per annum on any outstanding balance. Should an invoice remain unpaid for a period of 10 days or more, Perth Care + Companion Company reserves the right to terminate the services provided with 24 hours notice and to charge for any
- Period of Engagement and Termination of Services
The services will be provided for the period specified on engagement or negotiated during the service deliver being either a fixed period or a period terminable on notice. Perth Care + Companion Company retains the right to terminate the services provided with 24 hours notice under the following circumstances:
- The Service User refuses to accept the services to be provided
- Following a risk assessment being undertaken on the premises, Perth Care + Companion Company determines that it is not possible to provide care and support safely to the Service User in the intended premises
- Perth Care + Companion Company determines that it is not able to provide the level of services required by the Service User within their own home and this concern is brought to the attention of the Client and Service User
- If an invoice remains unpaid for a period of 10 days or more
- An employee of Perth Care + Companion Company experiences discrimination of any form by the Client or Service User
- For all care bookings, excluding live-in care and complete care, 24 hours notice must be given of any cancellation or amendment to any booking or time agreed between Perth Care + Companion Company and the Client for the services to be delivered. Failure to do so will result in the full charge for the visit being levied
- For live-in care and complete care, a 7 day notice of cancellation or amendment must be provided to avoid being charged in full
- To terminate or substantially revise service provision, a full 7 days notice is required by Perth Care + Companion Company
Replacement Care Companions
- Perth Care + Companion Company will make every effort to provide continuity of care companion, should the regular care companion be unavailable we will provide a replacement care companion in consultation with the client and family.
- If a Care Companion leaves a service early, the Client or Service User should telephone Perth Care + Companion Company immediately and Perth Care + Companion Company will use their best endeavours to find a replacement Care Companion as soon as reasonably practicable
- If a Care Companion fails to attend a service, the Client or Service User should telephone Perth Care + Companion Company within 15 minutes of the expected arrival time and Perth Care + Companion Company will then use their best endeavours to find a replacement Care Companion as soon as reasonably practicable
- In circumstances where a Care Companion is unable to work due to illness or accident, Perth Care + Companion Company will use its best endeavours to provide a replacement Care Companion as soon as reasonably practicable
- In the event that the Client/Service User reasonably considers that a Care Companion supplied by us does not possess the skills necessary for the assignment, the Client or Service User should provide Perth Care + Companion Company with full details whereupon Perth Care + Companion Company will use its best endeavours to provide a replacement Care Companion as soon as reasonably practicable.
- Placement Fee
Considerable investment is made in recruiting, training and developing staff who are therefore prohibited from accepting any direct offers of employment from Clients. Furthermore, it is prohibited for the Client and/or Service User to directly approach any Perth Care + Companion Company member of staff with regard to private employment without first consulting the Registered Manager. In the event of an agreement being reached, the Client/Service User will be liable to pay a one-off Placement Fee equivalent to ten (10) times the weekly invoice amount.
- Equal Opportunities
Perth Care + Companion Company is dedicated to ensuring equal opportunities for all employees and Clients/Service Users, irrespective of their race, age, sex, material status, physical or mental disability, sexual orientation, gender-identity, religious beliefs or political opinions. Perth Care + Companion Company will not tolerate discrimination by staff, Clients or Service Users of any kind.
- Accommodation, Meals and Breaks
It is the Client’s responsibility to ensure that suitable accommodation and meals are provided for staff on live-in or overnight duties.Live-in Care Companions should be provided with food and kitchen facilities to prepare for 3 basic meals per day, or, alternatively, a daily food allowance of $17.00. Any additional food or special dietary requirement is at the expense of the Care Companion.Where Care Companions are providing over 6 hours of continuous care, you are expected to provide use of facilities for the preparation of food.The cost of meals or any other type of ‘benefit in kind’ for staff remains the responsibility of the Client and is not deductible from the invoiced cost of the services provided by Perth Care + Companion Company.Live-in care work is based on a maximum of eight hours on an average working day spread across the day and evening.In addition, Care Companions should be provided with adequate facilities for washing and toileting, and also to sleep and rest, i.e. their own room (preferably with a door lock and TV) and clean bedding. They must be allowed privacy in their rest periods, and have access to either a telephone or mobile phone reception.Live-in Care Companions are entitled to a good night’s sleep, i.e. 8 hours sleep in each 24-hour period. It is expected that live-in Care Companions will attend to the client during the night in cases of emergency. Should there be more than one night in a row where the Care Companion is up 2 or more times, the night will be charged at an hourly rate and a night respite worker may be required. If a live-in Care Companion is persistently disturbed at night, this may necessitate a review of the Service User’s care needs and changes to the Care Plan. Perth Care + Companion Company considers live-in care work as “unmeasured” and, as such, the average amount of care work a Service User can expect in any 24 hour period is eight hours. Where working time regularly exceeds this, additional charges may be made.
A means for the client to summons assistance such as a bell, phone or monitoring device is required to be provided by the client for all live-in and sleep over services should the residence be large and it is deemed unreasonable for the client to be heard overnight from the sleeping arrangements.
- Supervision and Review
Perth Care + Companion Company will supervise a Care Companion during the period of a Care Companions assignment so as to ensure satisfaction with the standard of care provision. In order for Perth Care + Companion Company to successfully monitor and assess Care Companions, a Care Manager must be allowed to attend the Service User’s home periodically in accordance with their legal obligations.
- Insurance Claims
- Where a Client/Service User has asked or given permission for a Care Companion to drive a vehicle that belongs to the Client/Service User, the Client will be responsible for checking that a Care Companion has a valid driving license and must arrange the insurance cover necessary to permit the vehicle to be driven legally. In the event of an accident or damage to the vehicle, neither Perth Care + Companion Company nor a Care Companion will accept liability for any accident or damage caused
- Payment for nursing, healthcare or domiciliary care services may in some circumstances be met by private medical insurance. Except where a Client/Service User’s insurance policy specifically requires it, the Client/Service User will remain wholly responsible for the charges due to Perth Care + Companion Company, in accordance with these Terms and Conditions of Service, and responsible for making a claim from the insurance company for reimbursement
- Force Majeure
Perth Care + Companion Company will use its reasonable endeavours to provide the services specified in the agreement between the client and the company, however, should Perth Care + Companion Company’s ability to do so be interrupted or interfered with by an event of force majeure, then Perth Care + Companion Company’s obligation to do so will be suspended while the interference or interruption continues. Perth Care + Companion Company will not be responsible for any loss or damage suffered by a Client or Service User as a result of a force majeure event, without limitation, generally considered to be events beyond the control of Perth Care + Companion Company, such as strikes, lock outs or other industrial disputes, acts of God, war, riot, civil commotion, fire, flood or storms.
- Perth Care + Companion Company’s Responsibilities in Respect of the Services
- Perth Care + Companion Company shall use reasonable skills and care in ensuring that all Care Companions have the relevant qualifications, training, experience and ability for any assignment for which they are supplied
- Except in relation to death or personal injury caused by the negligence of Perth Care + Companion Company and/ or its Care Companions and for fraudulent misrepresentation, Perth Care + Companion Company excludes any liability (whether direct or indirect, contingent or consequential including without limitation loss of goodwill, profit, contracts, business opportunity or revenue) for any costs, claims, damages, demands or expenses in connection with the services provided
- Service User Responsibilities
The client agrees:
- Not to do any act or omission which will put or is likely to have the effect of putting Perth Care + Companion Company directly or indirectly in breach of any of the Employment Protection, and other relevant laws (as defined below), in respect of any Care Companion supplied to you by Perth Care + Companion Company and you will at all times use your best endeavours to ensure that such laws are complied with.
- To notify Perth Care + Companion Company of any risks to the health and safety of a Care Companion of which you become aware and agree that Perth Care + Companion Company may notify a Care Companion accordingly. Further, you agree that you will take all reasonable measures to ensure that such risks are removed and will notify us of any such risks prior to an assignment.
- To provide Perth Care + Companion Company with complete and sufficient information relating to the assignment to enable Perth Care + Companion Company to provide you with the level of service you require and enable Perth Care + Companion Company to carry out its obligations under these Terms and Conditions of Service, including the type of work to be performed by a Care Companion, the length of the assignment, the qualifications and experience required and the location
- If in breach of any obligations under this clause, to indemnify Perth Care + Companion Company fully against all claims, fines, damages, awards, costs, expenses and other liabilities arising from any such breach or any claim by any third party against Perth Care + Companion Company as a result of your act or default whether under the Employment Protection
and/or other Relevant Law or otherwise.
- These Terms and Conditions of Service, Employment Protection and any other Relevant Law
- Care Companions are precluded from assisting the Service User in relation to making a Will, or witnessing or benefiting under the terms of any Will or Codicil, or becoming involved in any other legal documentation
- Any complaints about Care Companions must be made in writing and will be handled in accordance with the procedure set out in our Complaints Policy.
- The Service User will allow full access in relation to any assessment of the risks at the premises where the assignment is to be carried out and provide all relevant information upon request to Perth Care + Companion Company
- Care Companions are subject to Perth Care + Companion Company policies, the Service User shall not request a Care Companion to act in any way that is a breach of these policies
No variation, addition to or modification of these Terms and Conditions of Service shall be binding or form part of these Terms and Conditions of Service unless previously agreed in writing from Perth Care + Companion Company
These Terms and Conditions of Service, together with the agreement of service schedule and fees & charges and shall govern the contract between Perth Care + Companion Company and the Client for the supply of the services to the exclusion of all and any other agreements or terms and conditions agreed. The contractual agreement entered into by Perth Care + Companion Company and the Client is governed by the laws of Australia.