Caregiver Client Agreement

Caregiver Client Service Agreement

1. The agreement will commence from the date this agreement is signed wherein the company also provides the caregiver to the client.

2. The Client is encouraged to communicate any concerns or difficulties regarding the Caregiver within five (05) days from the date the Caregiver assumes charge. If the Client feels that a change of Caregiver would be appropriate, the Client may request a replacement within this period. The Company will make every reasonable effort to arrange a suitable replacement within 48 hours of receiving such a request, subject to the availability of an appropriate Caregiver.

3. Before the Caregiver assumes charge, the Client agrees to provide the Company’s representative with all relevant medical information relating to the Patient, including details of any medications to be administered, prescribed care or treatment, and any mobility or other assistive devices being used by the Patient. The Company’s representative will record these details to help ensure that the Patient receives safe, appropriate, and consistent care. The company will also maintain a record of these details. The client also agrees to update this information to the company at a regular basis in case of any changes to the medical care as prescribed by a registered medical practitioner.

4. The client agrees to make a monthly payment along with a one-time registration fee of ₹500/- (₹ Five Hundred only).

5. The Client agrees to make the monthly service payment in full and on time, commencing from the date of commencement of services under this Agreement.

6. In case of delays in payment, an administrative charge of ₹100/- (₹ One Hundred Only) per Day will be levied for every day of delay until the payment has been realized. The maximum allowed delay period will be 10 Days only post which the agreement will stand cancelled and caregiving services will be withdrawn as mentioned in Termination Clause No 21.

7. The client also agrees without doubt that the company is solely engaged in caregiving services that does not include medical nursing. The client agrees to the responsibilities assigned to the caregiver as outlined in the table under at all times, failing which can lead to a withdrawal of services by the company with immediate effect:

8. The Client also agrees to make reasonable efforts to ensure that the Caregiver is provided with food that is safe and suitable for their health, dietary requirements, and personal preferences, and that does not conflict with their personal principles, beliefs, or practices.

9. The client hereby agrees to provide the following as mentioned under:

• a. For 8 hours service: Food to the caregiver which includes breakfast and lunch, or lunch and dinner as per duty hours.
• b. For 24 hours service: Accommodation, including breakfast, lunch, and dinner. The accommodation will include a proper bed, and space for the caregiver to store their immediate requirements that may include clothes and personal hygiene objects.

In case the client is unable to provide food to the caregiver, the client will be charged an extra ₹400/- per day towards meal charges for a 24-hour caregiver, and ₹250/- per day for an 8-hour service.

10. In case the client has engaged the caregiver for 24 hours, they agree to allow a rest period of at least 7 to 8 hours per day to the caregiver to ensure their holistic well-being.

11. The comprehensive safety and security of the caregiver during the period of their posting at the client’s site will lay solely on the client and/or their representative.

12. The client shall ensure that the caregiver is not subjected to any form of physical, mental, or sexual harassment, abuse, intimidation, or exploitation during the course of the service. Any breach of this obligation may result in the immediate termination of this agreement and may also lead to appropriate legal action under the applicable laws of India, including applicable labour and criminal laws.

13. In the event of any complaint relating to harassment, abuse, intimidation, exploitation, or any other conduct that may compromise the safety, dignity, or well-being of the caregiver, Hohai/Xohai shall have the right to investigate the matter and, where considered necessary for the safety and well-being of the caregiver, terminate this Agreement with immediate effect and withdraw its services. Where such termination is a result of the Client’s misconduct or breach of this Agreement, the Client shall not be entitled to any refund. Hohai/Xohai may also decline to provide services to the Client in the future.

14. The client also agrees to avoid any form of financial transaction with the caregiver, which includes sharing of banking details and/or any other personal details that may lead to financial and/or property loss. Hohai/Xohai, and/or the company and its representatives will not be held responsible in any way if such details are shared with the caregiver prior to, during, and post the engagement.

15. Should the Caregiver, during the course of their engagement with the Client, require leave for personal or medical reasons, the Company shall make reasonable efforts to arrange a suitable replacement Caregiver within 48 hours, subject to availability.

16. The Company shall also ensure, wherever practicable, that the outgoing Caregiver provides a proper handover to the replacement Caregiver, including relevant information regarding the Client’s care requirements, daily routines, medical protocols, medication schedules, and any other specific instructions necessary for continuity of care.

17. The company also reserves the right to change the caregiver assigned to the client after producing a prior notice of 72 Hours.

Agreement Termination and Refund Clauses:

18. The client hereby also agrees to provide a minimum of 07 Days (Seven Days) notice for the termination of this agreement.

19. No termination will be permitted on the date of the renewal of the agreement.

20. In the event of an abrupt termination of services by the Client without the required notice, any applicable refund shall be made after deducting an amount equivalent to ten days (10 Days) of the agreed monthly service fee, calculated on a pro-rata basis.

21. In case the company terminates the agreement for failure on behalf of the client to adhere to the clauses of the agreement, especially those mentioned in points 8 through 10, the client will not be eligible for any refunds.

22. The company also has the right to terminate the agreement and withdraw caregiving services in case the client fails to make the monthly payment within 10 days of the due date.

23. The agreement will also be deemed terminated in the event of the demise of the patient. The caregiver will be withdrawn from the client’s location within 72 hours of the demise of the patient. All payment receivables by the company or the client shall be settled within 15 days of the withdrawal of caregiving services by the company.

24. The company reserves the right to terminate this agreement by giving a 72 hours’ prior notice to the client particularly in cases where the Client fails to adhere to the terms and conditions set out under Point No. 6 of this Agreement.

In the event of such termination, the Company shall process a refund of the applicable balance amount after deducting:

• a. the service charges corresponding to the number of days for which services have already been provided, calculated on a pro-rata basis against the agreed monthly service fee; and
• b. a fixed administrative/termination charge of ₹1,000/- (₹ One Thousand only).