Client Services Contract
Home Care Services Agreement
Please review all terms carefully, complete all required fields, provide your signature, and submit this Agreement to Filipino Homecare Ltd.
Please review all terms carefully, complete all required fields, provide your signature, and submit this Agreement to Filipino Homecare Ltd.
This Home Care Services Agreement ("Agreement") is entered into between the Client identified above and Filipino Homecare Ltd. ("the Agency"). The Client and the Agency shall be collectively referred to herein as the "Parties." The purpose of this Agreement is to set forth the Terms of Service to be provided by the Agency as outlined in the Client Care Plan. IN CONSIDERATION of the mutual promises, covenants, and other valuable consideration exchanged, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
This Agreement hereby grants Filipino Homecare Ltd. the authority to provide Home Health Care Services to the above-named Client at the service address provided in this Agreement, in accordance with the Client Care Plan. The scope, frequency, and nature of services shall be as mutually agreed upon and documented in the Care Plan, which may be amended from time to time by written agreement of the Parties.
Services shall be billed at the following rates:
HST Registration: Filipino Homecare Ltd. — HST# 76035 7012 (RT0001)
All services provided on Statutory Holidays shall be billed at one and one-half times (1.5×) the regular hourly rate for all hours of service during the 24-hour holiday period.
The Agency reserves the right to adjust service rates upon thirty (30) days' written notice to the Client. Continued use of services following such notice shall constitute acceptance of the revised rates.
This Agreement shall commence on the Service Start Date indicated below and shall remain in effect until terminated by either Party in accordance with the provisions herein.
The assigned Worker has a guaranteed minimum number of hours per visit (four-hour minimum) as established in the Client Care Plan. If the Client instructs the Worker to leave before the completion of the scheduled hours, the Client shall be billed for the full scheduled duration.
Scheduled days and hours shall not be changed or cancelled without a minimum of forty-eight (48) hours' written notice to Filipino Homecare Ltd. Failure to provide adequate notice shall result in the Client being billed for the full scheduled hours.
Should the Client wish to discontinue services entirely, a minimum of two (2) weeks' written notice is required.
Filipino Homecare Ltd. reserves the right to terminate this Agreement immediately and without notice in the event of any mental, physical, or verbal abuse directed toward any of its Workers or representatives.
Filipino Homecare Ltd. warrants that it is duly licensed and authorized to provide home health care services in the Province of Ontario, Canada, and that its Workers possess all applicable training, certifications, and qualifications required by law. The Agency maintains current compliance with all regulatory requirements governing the provision of home care services.
The Client acknowledges and agrees that participation in outings, appointments, walks, excursions, and activities outside the home involves inherent risks, including but not limited to risks of falls, physical injury, illness, vehicular accidents, or unforeseen medical events.
The Client understands and agrees that Filipino Homecare Workers provide assistance and supervision only and cannot guarantee the prevention of all incidents. The Client voluntarily accepts all such inherent risks and agrees that Filipino Homecare Ltd. shall not be held liable for any injury, loss, or damage arising from incidents beyond the Agency's reasonable control, except in cases of gross negligence or willful misconduct on the part of the Agency or its Workers.
The Client further acknowledges that transportation, if arranged, is provided by third-party service providers or at the Client's direction and expense. Filipino Homecare Ltd. shall not be responsible for the acts, omissions, or negligence of any third-party transportation provider.
In the event the Client requires emergency medical assistance, the Worker shall contact the designated Emergency Contact and/or 911 to arrange appropriate medical response on the Client's behalf.
The Client acknowledges that Filipino Homecare Ltd. has invested significant time, resources, and expense in the recruitment, screening, training, and administrative management of its Workers.
During the term of this Agreement, and for a period of twelve (12) months following the termination or expiration of services, the Client agrees not to directly or indirectly solicit, hire, employ, retain, or engage any Worker who has been introduced, assigned, or made known to the Client by Filipino Homecare Ltd., except through the Agency.
Should the Client wish to directly employ or engage such a Worker, the Client agrees to pay Filipino Homecare Ltd. a reasonable placement and training recovery fee calculated as the greater of:
The Parties agree that this fee represents a genuine pre-estimate of the Agency's costs and damages and shall not be construed as a penalty. Payment of this fee is a condition precedent and does not guarantee Worker availability. Any such arrangement must be approved in writing by Filipino Homecare Ltd.
All invoices are payable upon receipt. The Client and/or the person responsible for payment (as identified in the signature section below) agrees to remit payment in a timely manner before the next invoice cycle.
Accounts outstanding beyond thirty (30) days from the invoice date shall be subject to a late payment charge of two percent (2%) of the outstanding balance, compounding every thirty (30) days thereafter until the account is paid in full.
Accounts outstanding beyond sixty (60) days may, at the sole discretion of Filipino Homecare Ltd., be referred to a third-party collections agency. The Client shall be responsible for all costs associated with the collection of overdue amounts, including but not limited to collection agency fees, legal fees, and court costs.
The preferred method of payment is electronic transfer (e-Transfer) sent to info@filipinohomecare.ca.
Filipino Homecare Ltd. is committed to protecting the personal information and personal health information of its Clients in accordance with the Personal Health Information Protection Act, 2004 (PHIPA) and all applicable privacy legislation in the Province of Ontario.
Personal information collected under this Agreement shall be used solely for the purpose of providing home care services, managing the Client's account, and fulfilling the Agency's legal and regulatory obligations. Information shall not be disclosed to third parties without the Client's express written consent, except as required by law or for the purpose of providing emergency medical care.
To the fullest extent permitted by law, the total aggregate liability of Filipino Homecare Ltd. under this Agreement, whether arising in contract, tort, negligence, or otherwise, shall not exceed the total fees paid by the Client to the Agency during the three (3) months immediately preceding the event giving rise to the claim.
In no event shall Filipino Homecare Ltd. be liable for any indirect, incidental, consequential, special, or punitive damages, regardless of the cause of action or the theory of liability, even if the Agency has been advised of the possibility of such damages.
Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement where such failure or delay results from circumstances beyond the reasonable control of the affected Party, including but not limited to: acts of God, natural disasters, pandemics, epidemics, public health emergencies, government orders or restrictions, extreme weather events, labour disputes, transportation disruptions, or civil unrest.
The affected Party shall provide prompt written notice of such event and shall use commercially reasonable efforts to resume performance as soon as practicable.
In accordance with the Consumer Protection Act, 2002 (Ontario), the Client may cancel this Agreement within ten (10) calendar days of signing by providing written notice to Filipino Homecare Ltd. In such event, any fees paid in advance for services not yet rendered shall be refunded within thirty (30) days of receiving the cancellation notice.
After the cooling-off period, cancellation of this Agreement requires a minimum of two (2) weeks' written notice as outlined in Section 3 above.
In the event of any dispute, claim, or disagreement arising out of or relating to this Agreement, the Parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either Party may submit the dispute to mediation administered by a mutually agreed-upon mediator in the Province of Ontario.
If mediation is unsuccessful, either Party may pursue any remedies available at law or in equity before the courts of competent jurisdiction in the Province of Ontario.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada. The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario for the resolution of any disputes arising under this Agreement.
This Agreement, together with the Client Care Plan and any schedules or addenda attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, representations, and agreements, whether written or oral.
No amendment, modification, or waiver of any provision of this Agreement shall be effective unless made in writing and signed by both Parties.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such finding shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
The undersigned hereby represents that they are the Client, the Client's legal Power of Attorney (POA), or the person who assumes financial responsibility for payment of all services rendered by Filipino Homecare Ltd. under this Agreement. By signing below, the undersigned acknowledges and accepts personal responsibility for all invoices, charges, and amounts owing.
