These terms and conditions will outline your rights as a client of Coloma Management Inc. and our responsibilities to deliver the services required.
Our Services are subject to the following terms and conditions, which shall be deemed to apply in respect of each and every engagement of Coloma Management Inc.(“Coloma Management Inc.”). Please read our terms and conditions carefully and contact us should you have any questions as to how they may apply to you.
1. Agreement to provide Services
These terms and conditions shall be binding both upon the Client and Coloma Management Inc. with respect to the provision of any and all services rendered under the Service Agreement of which these terms and conditions form part. You should contact us in writing if, for any reason, you do not agree with any of the terms and conditions set out below.
2. Currency of Terms and Conditions
These terms and conditions are effective as of the date of the Client first executing a Service Agreement with Coloma Management Inc. Coloma Management Inc., however, reserves the right at any time to update or modify these terms and conditions.
3. Service Delivery
3.1 Coloma Management Inc. undertakes to provide the Services to the Client in a professional manner and in keeping with generally accepted standards for the provision of Residential Care Facility for the Elderly (RCFE) in Australia from time to time.
3.2 Save for any part of the Services that involves transporting the Client to third-party premises; the Services will be carried out at the domestic location set out on the front page of the Service Agreement.
3.3 Any changes to the agreed Services to be provided by Coloma Management Inc. must be notified and agreed to in writing prior to the commencement of the next visit by an authorized Coloma Management Inc. caregiver. Should a Client require a change to the agreed Services in the course of a visit by a Coloma Management Inc. caregiver, such caregiver shall only be permitted to carry out such change if authorization has been granted at the relevant time by an authorized officer of Coloma Management Inc.
3.4 In providing the Services, Coloma Management Inc. will endeavor to provide a caregiver who will meet the prima facie needs of the Client.
3.5 Coloma Management Inc. will take all reasonable steps to ensure that its assigned caregiver arrives at the Client’s place of residence at the agreed time for the commencement of the Services, but the Client accepts that matters may occur which are outside the control of Coloma Management Inc. or its caregiver in this regard.
3.6 (a) Subject to the provisions of clause 3.6(b), the Client acknowledges that the Services are non-medical services and that the caregivers of Coloma Management Inc. are neither licensed nor entitled at law to render medical assistance save that which might be expected of non-medically trained personnel in the case of an emergency.
(b) Where the caregiver is a Registered Nurse, the Medical Services to be rendered to the Client shall be limited to medication and wound management (if appropriate).
4. Transportation Policy
4.1 Where assistance is required in relation to transportation to any locality away from the domestic location of the Client, Coloma Management Inc. reserves the right for such transportation to be carried out either by way of public taxi, licensed vehicles, or via the private motor vehicle as operated by the caregiver of Coloma Management Inc.
4.2 In the case of transportation by taxi, the Client shall be responsible for any and all taxi fares, and in the case of transportation via the vehicle of the Coloma Management Inc. caregiver, the Client agrees to pay a charge per kilometer traveled, the rate to be notified to the Client in advance.
5. Privacy
5.1 Coloma Management Inc. undertakes that it is compliant with and will observe at all times the requirements of the Privacy Act.
6. Client obligations
6.1 The Client must fully inform and keep informed Coloma Management Inc. in relation to any and all medical, psychological, or any other background issues that would be regarded as being in any way relevant to the Services to be provided by Coloma Management Inc.
6.2 The Client will take all required steps to ensure that the domestic location represents a safe and hazard-free workplace in which the Coloma Management Inc. caregiver can carry out the Services.
6.3 The Client will at all times deal with the caregiver of Coloma Management Inc. with courtesy and respect and, in particular, shall refrain from any physical or verbal abuse.
6.4 (a) The Client undertakes not to hire, use or employ either directly or indirectly any caregiver introduced to them by Coloma Management Inc. either during the period that the Services are being provided or for a period of 12 months from the last provision of the Services.
(b) If for whatever reason, the Client breaches the undertaking provided in Clause 6.4(a), the client agrees to and shall be liable to pay a placement fee of $7500.00 to Coloma Management Inc. within 7 days of Coloma Management Inc. becoming aware of such breach.
7. Payment Terms
7.1 The Client agrees to have, in place prior to the Services being rendered, satisfactory payment arrangements with Coloma Management Inc.
7.2 Coloma Management Inc. retains the discretion to cease providing the Services if the Client fails to make payment in accordance with these agreed terms and conditions.
7.3 The Client agrees to pay for the Services in accordance with the rates contained in the Service Agreement of which these terms and conditions form part. Coloma Management Inc. reserves the right in its discretion to amend its rates from time to time.
7.4 Payments may be made via direct deposit or credit card.
7.5 The Client will be billed on a regular weekly cycle, and payment must be received by Coloma Management Inc. no later than 7 days after receipt of a weekly Coloma Management Inc. invoice.
7.6 If requested, the Client agrees to provide details of a valid credit card which shall be held by Coloma Management Inc. and will only be used in the circumstances of authorization by the Client or where the Client fails to make payment for the Services in accordance with these terms and conditions.
7.7 Invoices not paid per the agreed payment terms will attract late payment fees, which will be the higher of $20 or 10% interest on the overdue amount calculated from the due date of the invoice.
8. Cancellation Policy
8.1 Cancellation of any scheduled visit by a Coloma Management Inc. caregiver must be notified in writing to Coloma Management Inc. not less than 24 hours before the commencing time of a scheduled visit.
8.2 If notice of cancellation is not received within the time set out in clause 8.1, Coloma Management Inc. nevertheless reserves the right to charge the Client the agreed-upon fee for the Services.
8.3 If, for any reason, Coloma Management Inc. is unable to supply a caregiver to carry out a scheduled visit on the day and time previously notified (for whatever reason), then no charge whatsoever shall be debited to or made with respect to the Client for such visit.
9. Accidents, Damage, and Theft
9.1 Should the Client believe that a caregiver of Coloma Management Inc. has been responsible for any incidents, acts, damage, breakages, or theft in carrying out the Services, the Client must report in writing within 24 hours of any such alleged occurrence in order for a such claim to be investigated.
9.2 The Client further agrees that in respect to any such alleged incident involving a Coloma Management Inc. caregiver, the Client will, within 5 days of receipt, complete an incident report as provided by Coloma Management Inc. to the client.
10. Limitation of Liability
The Client agrees that save in the case of gross negligence on behalf of Coloma Management Inc. or where prohibited by law, the Client hereby agrees that Coloma Management Inc. (and its caregivers) are released from, and no claim shall be brought in respect to any losses, expenses, damages or costs including any statutory, tortious or other liability in respect to the Services (or the failure to carry out the Services) and furthermore that neither Coloma Management Inc. (nor its caregivers) shall have any responsibility or liability for any indirect, consequential or economic loss or damages allegedly suffered by the Client or any family of the Client.
