Terms & Conditions

1. Parties and acceptance

These Terms are between KJD Care Limited ("KJD Care", "we", "us", "our") and the Service User (the person receiving care). Where another person or organisation pays for the services, that person or organisation is the Payee and is also bound by these Terms.
Services are provided subject to applicable law and regulation, including Care Quality Commission (CQC) requirements where regulated activities apply. By signing the Agreement, accepting a quotation, or receiving services, you confirm that you have read and accepted these Terms.

2. Aims and service standards

Our aim is to provide consistently high standards of domiciliary care and support to help people remain living safely and independently at home, while meeting legal and statutory responsibilities.
We are committed to continuous improvement through monitoring outcomes, care plan reviews, audits, and Service User feedback.

  • Provide safe, high-quality, flexible and reliable care.
  • Promote independence, dignity, choice and empowerment.
  • Maintain a trained, competent and committed workforce.
  • Seek and act on feedback to improve services.

3. Definitions
  • Agreement: the signed service agreement together with these Terms and the Care Plan (as amended).
  • Care Plan: the written plan describing the services and outcomes agreed with you.
  • Care Worker: any carer/Community Care Assistant/Personal Assistant providing services on our behalf.
  • Electronic Monitoring: any system used to record visit start/end times and duration.
  • Fee Schedule: the schedule/quotation setting out Fees payable for the Services (as amended).
  • Fees: the fees for the Services set out in the Fee Schedule/quotation.
  • Home Care Manager: the manager responsible for your service, as notified to you.
  • Service User: the person to whom the Services are provided.
  • Payee: the person/organisation responsible for paying for the Services (where different from the Service User).
  • Services: the home care services provided under the Care Plan, including (where agreed) assistance outside the home.

4. Assessment, care planning and reviews

We will complete a care needs assessment and risk assessment before services start where possible, or in urgent situations within 48 hours of commencement. We will work with you, your family/representatives and relevant health or social care professionals (where appropriate) to agree your required support and outcomes and set these out in a person-centred Care Plan.
You agree to provide accurate and up-to-date information relevant to your care, including preferences, allergies, lifestyle, diagnoses, medication, and any risks. We will review the Care Plan at least annually and sooner where circumstances change or where we consider it appropriate. You agree to use reasonable efforts to participate.
The Care Plan may only be changed with the agreement of both parties. Temporary changes may be authorised by the Home Care Manager and recorded (including a log/reference number where applicable).
If your needs increase beyond what we can safely meet, we will tell you without delay and work with you and relevant professionals to agree an alternative arrangement.


5. Fees and charging

Fees are set out in your Fee Schedule/quotation. We may charge an initial assessment fee and/or require a deposit where stated in the Fee Schedule. Charges may be calculated either by time (e.g., 15/30/45/60 minute units) or by visit/episode, as specified in the Fee Schedule.
Visit times may be recorded by timesheet and/or Electronic Monitoring. Where the Service User cannot sign, an authorised representative may sign or the record may be marked "UTS" (Unable To Sign) where agreed in the Care Plan.
If you believe a record is inaccurate, you must notify us promptly so we can investigate.


6. Invoices and payment

Where services are purchased privately (including via direct payments, personal budgets or self-directed support), we will invoice the Payee for services delivered in accordance with the Fee Schedule and these Terms.
Invoices are typically issued every four weeks. Payment is due within 7 days of receipt unless otherwise agreed in writing.
Payment can be made by BACS, debit/credit card or cheque. We do not accept cash. Payments must not be given to Care Workers.
If the Service User lacks capacity or is vulnerable, we may require an authorised representative/attorney/deputy/appointee to act as guarantor for payment. Late payment: If invoices remain unpaid, we may request payment in advance, suspend services, charge reasonable interest and recovery costs where lawful, and/or refer the account to a debt recovery agent, after giving appropriate notice (unless immediate withdrawal applies under clause 7.10).


7. Visit times, cancellation and termination

We aim to attend at the scheduled times. A normal tolerance is up to 30 minutes either side of the scheduled time unless otherwise agreed. If a Care Worker has not arrived after 30 minutes, please contact the office/out-of-hours line. To cancel or amend a visit you must give at least 24 hours' notice (48 hours preferred). Please request a log/reference number.
If less than 24 hours' notice is given, you may be charged for the full scheduled visit where a Care Worker has been allocated.
Hospital admissions: Where admission occurs without the required notice, charges may apply for scheduled visits due that day.
To permanently cancel a care package you must give at least 48 hours' notice. If less, we may charge for visits scheduled within that period. Either party may terminate this Agreement by giving 7 days' written notice, unless immediate termination applies.
Immediate termination/withdrawal: We may withdraw services immediately where continued provision is untenable, including (non-exhaustive) violence or abuse, harassment/discrimination, unsafe working environment or lack of necessary equipment, serious smoking breaches, illegal or unreasonable requests, or persistent non-payment. This Agreement terminates immediately on the death of the Service User. Any outstanding fees remain payable by the estate.


8. Smoke-free environment

For staff health and safety, smoking must not take place during visits and rooms used for care must be ventilated for at least one hour before the visit (unless the Care Plan specifies otherwise). If smoking occurs during a visit, the Care Worker may leave and charges may still apply in accordance with the Fee Schedule.


9. Our staff: training, supervision and quality checks

We take reasonable care and skill to provide appropriately trained and competent staff. Staffs complete induction training and on-going refresher/CPD training, including manual handling.
We may carry out announced or unannounced spot checks/supervision in the home to meet regulatory and quality requirements, and we ask for your cooperation. We aim to keep changes to Care Workers to a minimum, but changes may be necessary due to sickness, holidays, emergencies, severe weather, pandemics or other unforeseen circumstances.


10. Direct engagement of our staff

You must not employ or engage a Care Worker introduced or supplied by KJD Care directly unless you first notify us. If you directly employ/engage the Care Worker, you agree to either (a) continue receiving that Care Worker through KJD Care for a further 6 months from the date you notify us, or (b) pay a Permanent Engagement Fee as stated in the Fee Schedule.
If you introduce a Care Worker to another organisation resulting in their engagement, an Introduction Fee may apply as stated in the Fee Schedule. You must not privately purchase care from our Care Workers outside KJD Care for safeguarding and insurance reasons.


11. Health and safety

Your home is a workplace for our staff. You agree to provide a safe environment, safe access routes, and appropriate, serviced equipment (e.g., hoists/stair lifts) maintained in accordance with manufacturer guidance.
If equipment is unsafe or unserviceable, staff may refuse to use it until repaired/replaced.
You/your representative must inform us if anyone in the home has an infectious/contagious illness so appropriate PPE and risk controls can be used.


12. Standards of behaviour and equality

We do not tolerate discrimination, harassment or abuse. We expect staff to treat Service Users with dignity and respect, and we require Service Users, families and visitors to treat staff with courtesy and respect. Breaches may result in withdrawal of services.


13. Your home: practical arrangements

Care Workers must not use the Service User's telephone except for emergencies, with permission, or for access to our Electronic Monitoring system where applicable. Pets remain the responsibility of the Service User/representatives. Pets should be kept separate during visits where possible. Care Workers will not clean pet urine/faeces.
Where live-in care is provided, you must provide suitable facilities (including a bed and privacy) and meals. Meal costs are not deductible from care fees.


14. Prohibitions and safeguarding
  • Staff must not accept gifts or tips unless authorised by the Home Care Manager and recorded.
  • Staff must not be beneficiaries of wills, witness legal documents, or give legal advice.
  • Staff must not take Service User laundry to their own home.
  • Staff must not buy illegal substances, alcohol, lottery tickets, or gamble with/on behalf of Service Users.
  • Staff must not buy from or sell to Service Users or recommend suppliers where there is a conflict of interest.
  • Financial transactions must be included in the Care Plan and recorded with receipts and signatures.
  • Staff must not cut fingernails or toenails, or undertake invasive procedures.

15. Complaints, feedback and monitoring

We operate a complaints and feedback procedure described in the Service User Guide. Please report concerns promptly so we can investigate and resolve issues. We may request participation in satisfaction surveys/interviews. Participation is optional and subject to consent.


16. Confidentiality and data protection

We respect privacy and confidentiality. We will share information only where necessary to deliver safe care, protect the Service User, meet safeguarding duties, comply with law, or meet regulatory/contractual requirements (including inspections). We process personal data in accordance with applicable UK data protection law, including the UK GDPR and the Data Protection Act 2018. Copies of our privacy information can be provided on request.
Service Users/representatives must not disclose confidential information about our staff. Any confidentiality breach must be reported to us immediately.


17. Records

Care Workers will keep daily care records (including medication support where applicable). Records may be stored in the home while in use. Records remain KJD Care property, but copies can be provided upon request subject to lawful requirements.


18. Insurance and liability

Our liability is limited to the extent of our insurance cover. Current public liability cover is £10,000,000 per claim (subject to policy terms).
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, or for fraud/fraudulent misrepresentation.
You are responsible for ensuring you have appropriate building and contents insurance. We are not liable for damage to vehicles or the home except where required by law.
Breakages/losses: We do not automatically accept liability for accidental damage. We may consider claims on a discretionary basis and/or refer to insurers. Any discretionary payment is not an admission of liability.


19. Medication support

Medication support is only provided where identified in the Care Plan and risk assessments and where a medication agreement is signed. Staff must follow the MAR chart and our medication policy.
Staff must not administer invasive procedures, apply wound dressings, give medical advice, or purchase over-the-counter medicines for Service Users.


20. Third party rights

No person who is not a party to this Agreement has rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.


21. Force majeure and business continuity

Neither party is liable for failure or delay caused by events beyond reasonable control (for example severe weather, pandemics, strikes, fire, flood, war, civil unrest or fuel shortage).
During such events we will implement our business continuity plan and may prioritise visits by assessed risk (for example time-critical medication).


22. Variation of terms

We may vary these Terms by giving at least 14 days' written notice. If you do not accept a variation, you may terminate the Agreement by giving notice in accordance with clause 7.


23. Notices and governing law

Notices to us must be in writing and delivered personally or sent by pre-paid first class post, recorded delivery or courier, unless we confirm acceptance of email in writing. This Agreement is governed by the law of England and Wales and disputes are subject to the exclusive jurisdiction of the courts of England and Wales.


24. Right to cancel (cooling-off)

You may cancel this Agreement within 7 days of signing by giving written notice to us. If you request services to start within the 7-day period and then cancel, you may be required to pay for services already delivered.


25. Cancellation notice template
  • To: (Registered Manager / authorised person)
  • Name: _______________________________
  • Address/Email: ________________________
  • I hereby give notice that I wish to cancel my agreement dated: ____ / ____ / ____
  • Service User name: ____________________
  • Signature: ___________________________ Date: ____ / ____ / ____
  • Address: _____________________________
  • Early start within 7 days (delete as appropriate): I do / do not agree to KJD Home Care providing services within seven days from the date the Agreement was signed.
  • Signature: ___________________________

26. Optional and additional charges

Where stated in the Fee Schedule/quotation, additional charges may include (examples):

  • Initial assessment fee: £100.
  • Mileage/travel: £0.40 per mile.
  • Permanent Engagement Fee: minimum £1,000 (or 6-month continued supply option).
  • Introduction Fee: minimum £1,000.
  • Cancellation fee: cost of scheduled assignment.
  • Service suspension fee: 50% of applicable daily rate.
  • Bank Holidays, Christmas Day and New Year's Day: charged at double time (where applicable).

27. Signatures

Client / Service User / Payee

  • Signed: _______________________________
  • Print name: ___________________________
  • Date: ____ / ____ / ____
  • Address: _____________________________

For and on behalf of KJD Care Limited

  • Signed: _______________________________
  • Print name: ______________________________
  • Date: ____ / ____ / ____

5. How We Use Service User Data

We use personal data to:

  • Deliver safe and effective care
  • Develop care and support plans
  • Communicate with families and representatives
  • Coordinate with healthcare professionals
  • Maintain care records
  • Meet safeguarding requirements
  • Comply with CQC and local authority regulations
  • Respond to emergencies
  • Process payments

SECTION B – SAFEGUARDING DATA STATEMENT

Safeguarding information is processed under legal and vital interest grounds.

We may share safeguarding concerns with:

  • Local safeguarding authorities
  • Social services
  • Police
  • Care Quality Commission (CQC)
  • NHS professionals

Safeguarding records are securely stored and accessed only by authorised personnel.


SECTION C – CCTV POLICY (If Applicable)

Where CCTV is in operation:

  • Cameras are used for safety, security, and safeguarding purposes only
  • Signage clearly informs individuals of CCTV use
  • Footage is stored securely
  • Access is restricted to authorised personnel
  • Footage is retained for a limited period (typically 30–90 days unless required for investigation)

CCTV is not used to monitor private care activities unless required for safeguarding purposes.


SECTION D – STAFF & RECRUITMENT PRIVACY NOTICE
6. Applicant Information

We collect:

  • CV with 10 years employment history
  • References
  • Right-to-work documents
  • DBS checks
  • Interview notes
  • Qualification records

Lawful basis:

  • Contractual necessity
  • Legal obligation
  • Legitimate interests

Unsuccessful applicant data is retained for up to 6 months unless consent is given to retain longer.


7. Employee Information

We collect and process:

  • Employment contracts
  • Payroll details
  • Bank details
  • National Insurance number
  • DBS records
  • Training and supervision records
  • Disciplinary records
  • Health and occupational health information

Employee data is retained in accordance with HMRC, employment law, and care sector retention requirements (typically 6 years after employment ends).


SECTION E – WEBSITE PRIVACY & COOKIES
8. Website Data Collection

When you visit our website, we may collect:

  • IP address
  • Browser type
  • Pages visited
  • Cookies

We use cookies to:

  • Improve user experience
  • Analyse traffic
  • Enhance website performance

Users can disable cookies through browser settings.


SECTION F – DATA SHARING
9. Who We Share Data With

We may share personal information with:

  • General Practitioners (GPs)
  • NHS services
  • Local Authorities
  • Social Workers
  • Care Quality Commission (CQC)
  • Payroll providers
  • HMRC
  • IT and secure cloud providers
  • Insurance providers

We never sell personal data. All third parties are required to maintain appropriate data protection standards.


SECTION G – DATA SECURITY
10. How We Protect Your Information

We implement:

  • Password-protected systems
  • Encrypted digital records
  • Secure care management software
  • Access controls (role-based access)
  • Locked filing cabinets for paper records
  • Staff confidentiality agreements
  • Regular staff GDPR training

Data breaches are reported in accordance with ICO requirements.


SECTION H – DATA RETENTION

We retain records in line with:

  • CQC guidance
  • NHS Records Management Code of Practice
  • Employment law
  • HMRC requirements

Typical retention periods:

  • Care records: Minimum 8 years (or longer if legally required)
  • Safeguarding records: In accordance with local authority requirements
  • Staff employment records: 6 years after employment ends

SECTION I – YOUR RIGHTS

Under UK GDPR, you have the right to:

  • Access your personal data
  • Rectify inaccurate information
  • Request erasure (where legally permissible)
  • Restrict processing
  • Object to processing
  • Data portability
  • Withdraw consent

Requests should be made in writing to the contact below. We respond within one month.


SECTION K – COMPLAINTS

If you are not satisfied with how your data is handled, you may contact:

Information Commissioner’s Office (ICO) : Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Website: https://ico.org.uk

Telephone: 0303 123 1113


SECTION L – POLICY REVIEW

This Privacy Policy is reviewed annually or sooner if required by:

  • Changes in legislation
  • CQC updates
  • Operational changes