DEFINITIONS

The terms and conditions set out below constitute an agreement ("Agreement") between Emiran and Associates Limited trading as Emiran HealthCare (Registered no. 11126115) including businesses trading under any different name which are wholly owned by Emiran and Associates Ltd (together "The Company") and the employing client ("The Purchaser") and/or the recipient of care services ("The Client"). The Company is acting as an employment business as defined in the Employment Agencies Act 1973 when dealing with temporary workers.

The Terms and Conditions of Business set out below have been made available to the Purchaser. Acceptance by the Purchaser of the provision of care services via the Company will constitute acceptance of these Terms and Conditions of Business (to include any revised versions) a contractual agreement between the Company and the Purchaser and/or Client and these Terms will be binding whether or not signed by the Purchaser. Copies of these Terms and Conditions of Business (and any revised versions) are available upon request from our office.

The Company introduces such Team members (as defined below) to the Purchaser and/or Client and assumes responsibility for the collection and payment of the Team member's fees. In accordance with Section 134 of the Income and Corporation Taxes Act 1988, and related legislation, the Company is required to deduct where applicable all statutory contributions in respect of National Insurance and Income Tax. No statement, unless stated to the contrary, contained in any brochure, document or letter issued by the Company will form any part of these Terms and Conditions of Business.

CHARGES

The Company's charges (the "Standard Rate") for the provision of care services by its employees (the "Team members") will be notified to the Purchaser and/or Client before the commencement of such services via the information pack and confirmed via this contract. Any special charges or terms agreed with the Purchaser will be confirmed, in writing, by an authorised representative of the Company and in the absence of such written confirmation; it will be assumed that no special charges or terms exist.

Any subsequent amendments to the Company's scale of Standard Rates will be notified, in writing, to the Purchaser and/or Client. The Company's Standard Rates are normally reviewed once yearly, but the Company reserves the right, at its absolute discretion, to review its charges at other intervals. The Company will give a minimum of one month's notice of its intention to review its scale of Standard Rate and such notice will be conveyed, in writing, to the Purchaser and/or Client.

All Bank Holidays are charged at time and a half the standard rate quoted ('time and a half') by the Company. When Christmas Day, Boxing Day or New Year's Day fall on a Saturday & Sunday these days will be charged at time and half in addition to any other bank holidays. Christmas and New Year bookings must be confirmed in writing by the week immediately preceding 30th November at the latest. We will write to you prior to this time to confirm your needs.

The Company reserves the right to charge an enhanced hourly rate when Team members working overnight are continually disturbed ("continually disturbed" meaning disturbance to an effect that the team member is not able to achieve 4 hours' continuous sleep). There is a limit on the number of hours a team member may work daily and the Company clarifies this when it sends out the contract for the provision of services. This is for the Company to comply with its obligations pursuant to the Working Time Regulations.

The Provider agrees to provide the care services set out in the Assessment/Support Plan to the Client upon the terms and conditions set out below. This contract consists of this document together with all preceding and following correspondence, provider information and informal promises including the booking details Handbook and the contents of any brochure, Client's Assessment/Support Plan.

The Client will be charged for travel the Support Assistant incurs in delivering care and this is estimated from the company administrative office. Charges will also be made to the client for expenses incurred for entertainment such as the cinema or for meals out.

The Company reserves the right to require a deposit to be made by the Client at any time of up to one month's anticipated charges as amended from time to time. Clients and or their representatives may be asked to provide a Payment Guarantee, accepting responsibility for making any payments due to the Company for legitimate undisputed invoices raised in relation to supplies and services provided to or organised by the Company. The Client shall pay the provider the Fee as per the Fee Schedule. Fees are charged in minimum units of one hour. The client has the option to access daily notes, support plans and medication records via a mobile application for a monthly fee. Details of the fee are included in this document below.

PERSONAL FINANCES

The Company cannot offer or give financial advice to the Purchaser and/or Client. However information regarding State Benefits and related financial assistance with the Company's charges is available, upon request, from the Office. Such information is based on UK government published data. The Company accepts no liability for the accuracy of such data or in respect of any Purchaser or Client's reliance on it. The Company can also signpost the Purchaser/and or Client to regulated financial advisors.

INVOICES

The only method of payment we accept is by Direct Debit for any permanent or temporary care fees. An authorised Direct Debit form must be signed and returned to The Company prior to the provision of any permanent or temporary care and support. Where the care and support is temporary we will require advance payment and a pro forma invoice will be sent out. Payment must be received prior to the care and support being put in place by debit card.

The Company reserves the right to charge interest at 7% above the applicable base lending bank rate on either June 30th or December 31st, whichever is the last date at the time of raising the outstanding invoice, on any sums outstanding 28 days after the date of invoice. Interest so charged will be calculated daily on the total amount outstanding until the amount overdue is paid. The Company will give the Purchaser and/or Client or their authorised representative 7 days' notice, in writing, of its intention to charge such interest. The Company also reserves the right, upon written notice of 7 days, to terminate the introduction of team members in the event of continued non-payment, or delayed payment, of invoice(s). After the 28 days' credit period is over, chasing letters and any subsequent letters for the payment of the outstanding sums will be sent and the Company reserves the right to charge for any reasonable costs incurred in taking steps to obtain payment.

CANCELLATION OF OR AMENDMENTS TO BOOKINGS

Live in Care: The minimum contract period for the Live-in care service that the Company provides is three weeks which will be charged regardless of whether the service is required or not. The Company reserves the right to charge the Purchaser and/or Client a cancellation fee equivalent to the cost of three week's service, at the Standard Rate applying from time to time, should the Purchaser and/or Client give less than three weeks' notice of their desire to cancel an assignment for which the provision of Team members has already been agreed with the Company (Emiran HealthCare).

Hourly Care: Hourly care services that are cancelled with less than 72 hours and/or 1 week notice will be charged in full regardless of whether the service is required or not. If care is cancelled by the Purchaser within 24 hours of an agreed start date, the Company reserves the right to charge a 72 hours' cancellation fee at a 24hourly rate (please see charges). For one-off bookings, Clients must give 72 hours' notice of any cancellation or amendment to any booking or time agreed between the Company and the Client for the services to be delivered. Where notice is not given within the stated period above then the client will be charged at the full rate.

Due to the nature of the services to be provided, the Company cannot guarantee that a particular worker will be available to remain involved throughout an assignment. In the event that the Client or Clients has any concerns regarding a team member it is imperative that the Client or Clients notifies the Company of this concern instantly.

TERMINATION

The Company reserves the right to charge the Purchaser and/or Client it's normal Standard Rate charges for a period, of up to, but not exceeding, 3 weeks and/or 28 days equivalent, if less than 3 weeks' notice is given of the Purchaser's and/or Client's desire to terminate a Live-In or hourly care assignment (bereavement, hospitalisation or transfer to a Nursing or Residential Home included). Where the Client agrees to a permanent service provision period of say 3 months and above, then the client must pay the full amount upfront, if there is early cancellation by the client, to compensate for the efforts that Emiran HealthCare has invested in putting the service in place.

The Company also reserves the right to terminate the service forthwith without notice if the Company's service contract and direct debit authority is not signed prior to commencement of the care service provided or if the client cancels the direct debit. If the direct debit mandate remains unsigned then provision of service is deemed to be acceptance of the direct debit mandate.

In circumstances where the Company reasonably perceives a significant risk of harm to a Team member, it may give immediate notice terminating the service and this Agreement. The company reserves the right to give notice of one week if the Health and Safety of those involved in the care and support is compromised. To fulfill this notice period, the Company may need to insist on additional measures to enable this to occur safely. Similarly, if there is an ongoing disparity with regard to meeting the expectations of the Purchaser, the Company reserves the right to give not less than one week's notice terminating the service provision. Immediate notice will be given to the client by the company if a bankruptcy petition is presented against the Client or the Client has a bankruptcy order or an interim order made against them under the relevant Insolvency Act at the time, or (in Scotland) becomes notour bankrupt or is sequestrated.

The Company retains the right to terminate the services provided with 24 hours' notice under the following circumstances:

• The Client refuses to accept the services to be provided as detailed in the Service Users Care Plan.
• Following a risk assessment being undertaken on the premises, the Company determines that it is not possible to provide care and support safely to the Client in the intended premises.
• The Company determines that it is not able to provide the level of services required by the Client within their own home and this concern is brought to the attention of the Client.
• The Client account remains unpaid for a period of 7 days or more.
• An employee of the Company experiences discrimination of any form by a Client or Purchaser.

MATERIAL BREACH

The Company shall be entitled to terminate this agreement by written notice to the Purchaser if the Purchaser commits a breach of this agreement and, in the case of a breach capable for remedy, fails to remedy the breach within 14 days after written notice giving full details of the breach and requiring it to be remedied.

CONFIDENTIALITY

The professional references and other information obtained by the Company in respect of Team members are confidential and can only be divulged to the Purchaser and/or Client in exceptional circumstances. In the event of such disclosure, any such information provided to the Purchaser and/or Client is provided in the strictest confidence and must not be transmitted, in any form, by the Purchaser and/or Client to any third party.

The Company accepts that all information it holds regarding a Client's state of health or personal affairs is held in confidence. No such information will be divulged to any third party without the express consent of the Client, the Purchaser or their respective legal representatives. Exceptions to this rule include provision of relevant medical or other information, which would form the basis of a normal professional interchange between Team members and a qualified medical practitioner, district nurse or social worker.

LIMITS OF LIABILITY

The Company accepts no liability for the action of all persons in its direct employment save for where such actions relate to the duties of the Team members resulting from the course of such employment. The Company takes all reasonable steps, in line with industry standards, to investigate and verify the standards of skill, care, integrity and reliability of the Team members introduced by it.

It is accepted that due to the nature of the services being provided it may be necessary for the company to deviate from the Client Care Plan. The company accepts no responsibility for its failure to deliver the services in the event that the Client refuses to accept or let the company provide the services specified within the Client Care Plan to an acceptable level.

FORCE MAJEURE

No liability shall attach to the Company in respect of any acts of God, riots, civil commotion, usurped power, strikes or labour disturbances or any other circumstances which are beyond the control of the Company at any given time.

INDEMNITIES

The Company has affected a Public and Employers Liability insurance policy to indemnify it against costs incurred in respect of proven acts for which the Company can be held liable in law. The Purchaser and/or Client undertake to indemnify the Company and the Team members introduced by the Company, for any direct or indirect loss or damage, personal injury or death caused by the negligence of the Purchaser and/or Client or by their default or breach under the terms of the Agreement.

SUPERVISION

The Company will supervise the Team member during the period of the Team member's assignment to ensure satisfaction with the standard of work provided by the Team member. For the Company to successfully supervise its Team members the Company asks that the Purchaser and/or Client allows the Company's assessor staff to attend the location of delivery of Care Services in order to see the Team member(s) whilst they are providing care for the Client. It is a legal requirement for the Company to demonstrate supervision of Team members. If the Purchaser and/or Client, or their authorised representative, is not satisfied with the standard of work performed by the Team member, then such dissatisfaction should be brought to the attention of the Company and if appropriate the Company should be asked to terminate the assignment. The Company should be notified of any such occurrence and, whenever it is reasonable to do so, the Company will endeavour to replace the team member as quickly as possible.

LIVE IN TEAM MEMBERS TIME OFF

Each live-in team member requires a minimum 2 hours break in each working day. This time should be taken during daylight hours. This requirement is designed to ensure the Company's obligations under relevant employment law. Most Clients are happy to remain alone for this period. However, if they are not or if there is a higher level of risk then provision may need to be made via an hourly care provider, day centre, family member or volunteer. The company will provide this cover if the requirement is within the hourly care service area. This additional support would be charged at the hourly daytime rate. However, if the Company is unable to provide this additional care provision the Purchaser or Client will be required to source this and arrange this additional support and to bear any associated costs.

FOOD, BEDDING, CLEANING MATERIALS

It is the responsibility of the Client to provide ample food and clean bedding must be supplied for live-in team members, as well as adequate cleaning materials to carry out the service properly. With respect to food the Purchaser/Client is responsible for providing this for the Team Member. Reasonable consideration must be given to any special dietary requirements and/or preferences of the Team member.

It is the Client's responsibility to ensure that suitable accommodation and meals are provided for staff on live-in or overnight duties and suitable facilities for rest or sleep for staff who are allowed to sleep at work are provided. 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.

EXPECTATIONS OF TEAM MEMBER

Team members are not allowed to smoke or take drugs in the Client's home. We respectfully request that Team members are not offered any of these whilst on duty, whatever the occasion. Team members are not permitted to accept gifts from Clients and/or Purchasers without the express permission of the Registered Manager. Team members are not allowed to lend money to or borrow money from a Client and/or Purchaser.

EXPECTATIONS OF CLIENT AND PURCHASER

We expect you to have high expectations from us as a Company and in the care you receive. Equally our team members will expect to be treated with respect, not to be exploited in any way and to have the support of Emiran HealthCare Office Team when needed. We value our employees and would respectfully request that they are treated as you would expect to be treated yourself. Any harassment will be treated seriously.

RISK ASSESSMENT AND SAFE WORKING ENVIRONMENT

In the interest of clients/purchasers and team members, the Company will undertake a risk assessment with respect to both the client and the environment in which the services will be delivered. The findings from the risk assessment undertaken will be discussed with the client who will be expected to ensure that the environment within which the services are to be provided are suitable for the delivery of those services. The Company reserves the right to decline to deliver the services in an environment in which there are undue risks to the client, the purchaser, team member or others.

EMIRAN HEALTHCARE FEE SCHEDULE & LOCATIONS

Support Category	Standard Rate Base	Borough/Postcode Operational Boundary Specifications
Hourly Live-Out	£29.00 per hour	£22 for 45min, £19 for 30mins. Monday to Sunday. Minimum visit time is 1 hour.
24-Hour (With Sleep-In)	£368.00 per cycle	Includes awake day support & sleep-in system metrics tracking parameters.
24-Hour (Awake Night)	£420.00 per cycle	Includes awake day and night intensive clinical support options.
Sleep-In Night	£150.00 fixed	10 Hours total bounds limit. Enhanced metrics trigger if continuously disturbed.
Consecutive (3 Months+)	From £1150/wk single	From £1950 per week for couples. Requires total upfront invoice clearance profiles.
Short-Term (< 3 Months)	From £1250/wk single	From £2350 per week for couples. Minimum of 3 weeks binding support.
Electronic Records Access	£10.00 monthly fee	Optional service gateway providing family portal logs pipeline access.
Travel Costs & Mileage	55p per mile rate	Charged if round trip exceeds 10 miles from Newport Pagnell administrative office.
Team Leaders / Care Manager	Enhanced Rate	Additional time charged at enhanced rate for managing complex care provisions.
Handyman Service Pool	From £65.00 per hour	Janitor, plumbing, gardening, bricklaying, socket changes, laundry, and cleaning.
House Help Services	From £40.00 per hour	General residential domestic infrastructure support matrices.

Locations where we provide support: MK10, MK11, MK12, MK13, MK14, MK15, MK16, MK17, MK18, MK19, MK2, MK3, MK4, MK46, MK5, MK6, MK7, MK8, MK9, and surrounding areas (other locations on request).