Muslim Caregivers Contract with Client/Patient

2.      The parties wish to record their agreement in writing hereinafter refer to as (“the contract”).

NOW WHEREFORE the parties agree as follows: -

 1. DEFINITIONS 

   

 1.1 CAREGIVER AND/OR NURSE: 

The individual providing care and support to the patient in terms of this agreement 

1.2 CLIENT 

Family member, or responsible person, who has requested the care and together with the patient undertakes all assignments and/or liabilities in terms of the agreement for care and support of the patient, 

1.3 MUSLIM CAREGIVERS 

The provider of agency services in relation to care-givers and nursing staff so required by the client. 

1.4 PATIENT

The individual receiving care and support from the caregiver and/or nurse in terms of this agreement. 

1.5 STAFF 

Caregivers and/or nurses are contracted by Muslim Caregivers to provide services to clients and/or patients.

1.6 SERVICES 

Support functions for patient by care-giver/suitably qualified nurse, which excludes services that are generally considered to be that provided by a domestic servant.   

2.     GENERAL 

2.1 The client and the patient undertake jointly and severally to pay the initial deposit as referred to below and to accept and abide by the quotation (below) prior to the provision of any caregiver and/or nurse. 

2.2 If required and agreed to, the patient will be assessed in hospital or at home by a registered caregiver and/or nurse on behalf of Muslim Caregivers. This consultation is charged for as a first charge irrespective of whether this agreement is subsequently concluded or not. The duration of the consultation will be dependent on the time spent taking a history, drawing out the plan of care and drafting a nursing care plan for the caregiver and/or nurse to follow. 

2.3 A suitable caregiver and/or nurse will be provided to meet the special requirements of the patient. Muslim Caregivers together with the client will undertake the care and support of the patient. Muslim Caregivers will identify the caregiver and/or nurse possessing the specialized skills requested by the client/patient.

 2.4 Should a caregiver and/or nurse fall ill or be unavailable, it is Muslim Caregivers ’s responsibility to ensure a suitable replacement caregiver and/or nurse is provided as soon as possible. 

2.5 At the request of the patient/client, a caregiver and/or nurse will be available to attend to the patient once he/she has returned home. If agreed to by Muslim Caregivers then these visits will be separately charged for. The fees for these visits will also be dependent on time spent and on any other services rendered to the patient. 

2.6 Whilst every endeavor will be made in order to provide the same caregiver and/or nurse but this not be guaranteed. Muslim Caregivers assumes no responsibility to ensure same is employed throughout the term of the contract. 

 2.7 Muslim Caregivers will consider acceding to any request for a live-in caregiver and/or nurse, provided however that a live in arrangement will be considered a double shift and charged accordingly. 

2.8 If the caregiver and/or nurse lives-in, the client/patient understands that it is a requirement to provide: sleeping, washing and toilet facilities to any caregiver and/or nurse that lives in. If possible, the caregiver and/or nurse must be as close to the patient as possible. The client/patient will take all reasonable steps to ensure that the caregiver and/or nurse is accommodated in as close a proximity to the patient as possible. (Regarding meals, 

see 3.2 below).

22.9 The administering of medication is prescribed but remains the responsibility of the client. The type, dosage and frequency of all medication shall be prescribed by doctors treating the patients and shall not be the responsibility of the caregiver and/or nurse.

5. INDEMNITY AND CONFIDENTIALITY

5.1 Muslim Caregivers undertakes to maintain strict confidentiality in relation to all matters connected with the patient and the provision of the services contemplated in this agreement, including with regards to any incident/condition relevant to the patient.

 5.2 Whilst every effort will be taken by Muslim Caregivers to ensure that the caregiver and/or nurse carries out his or her duties in a professional competent manner the client/patient acknowledges that Muslim Caregivers will not be liable for any harm or damages caused by the caregiver and/or nurse to the patient in the fulfilment of his or her duties. In this regard, the client acknowledges that Muslim Caregivers acts as an agent to facilitate the fulfilment of its services, and it is agreed that although due care is exercised in appointing the care-giver/nurse, Muslim Caregivers cannot be held liable for any damages caused to the patient and/or client, whatsoever. 

6. PAYMENT OF STAFF 

6.1 Staff are paid by Muslim Caregivers and not the client/patient. The client/patient shall have no obligation or responsibility to make any payments directly to the caregiver and/or nurse. 

6.2 The client/patient undertakes to keep as confidential and not to disclose to the caregiver and/or nurse the rates and amounts paid by the client/patient to Muslim Caregivers and the conditions of payment contained in the quotation. 

6.3 If payment is made directly by the client/patient to staff, this will not discharge the client/patient of any liability, and it will be the client/patient’s responsibility to recover such amount/s. 

7. EMPLOYMENT OF STAFF 

7.1 The client/patient acknowledges that he/she is aware of a contract of employment concluded between Muslim Caregivers and the caregiver and/or nurse undertakes not to take any steps either directly or indirectly to interfere with such contractual relationships, nor to approach the caregiver and/or nurse with an offer of any employment as the caregiver and/or nurse is contractually forbidden to do so. 

7.2 Muslim Caregivers does have a permanent placement division should you wish to employ someone on a permanent basis; there will be 20% increase on the monthly payment.     

7.3 Duration of the Contract This contract commences as soon as both parties the client/Patient and Muslim Caregivers agree and sign and come into effect for a minimum of six months for temporary caregiver /nurse, and/or a minimum of one-year equals to 12 months 7 days a week for permanent caregiver/nurse until client/patient send a request of termination of this contract.

  8. BREACH 

Should the client/patient breach this agreement in any way Muslim Caregivers will be entitled to (but not obliged) to immediately terminate same and claim all monies due and payable in terms hereof. In the event of Muslim Caregivers being obliged to employ collection agencies or attorneys the client and/or the patient acknowledges that he/she shall be liable jointly and severally for costs thereof between attorney and own client. 

9. TERMINATION OF SERVICE 

9.1 In the event that this contract is terminated by the client/patient, then the following notice periods shall apply: If the duration of the contract signed is Temporary (7.1) above, then 10 (Ten) days’ notice shall be given by the client/patient; If the contract was signed for Permanent (7.1) above, 20 (Twenty) days’ notice shall be given by the client/patient. The client/patient will be contractually liable for shifts for the notice period regardless of whether the caregiver and/or nurse will be required or not (i.e. if a 12 (Twelve) hour caregiver and/or nurse is required the client/patient will be liable jointly and severally for 3 (Three) shifts. Should a 24 (Twenty-Four) hour caregiver and/or nurse be required then the client/patient will be liable for 6 (Six) shifts).

 9.2 Muslim Caregivers shall be entitled to terminate this contract on 24 (Twenty-Four) hours’ notice at any time for the duration of the agreement.

10. CONSUMER PROTECTION ACT 

10.1 If the Consumer Protection Act No. 68 of 2008 (as emended from time to time) (“CPA”) is: 1.      applicable to: (a) the relevant transaction (or a portion thereof) between the parties pursuant to this agreement (the “Relevant Transaction”); and (b) certain   2.      clauses in this agreement, then such clauses shall be read and interpreted as being subject to the relevant provisions of CPA; or 3.      not applicable to certain clauses in this agreement then such clause shall not be read as being subject to the CPA. 

11. DOMICILIUM AND NOTICES 

11.1 Each of the parties chooses as its domicile addresses including electronic means of communication for all purposes arising from or in connection with this agreement, including the services of notices as follows: 1.      Muslim Caregivers: 60 George Street, Mayfair, Johannesburg, 2092 Gauteng Tel/Cell No. 0837498338, Email: notice@caregivers.muscoosa.org 2.      Domicile Address for Patient/Client ________________________________ _____________________________________________________________ Tel/Cell: _____________________ Email: ____________________________ Each party will be entitled, from time to time, by written notice to the other party, if there is a change to its domicile address to any other address within the Republic of South Africa, provided that the address shall always be a street address at which the service of legal processes can be affected. 

11.2 Any notice which: 1.      is delivered by hand at the addressee’s street address domicile shall be deemed to have been received by the addressee at the time of delivery; or 2.      is posted by prepaid registered post from any address within the Republic of South Africa to the addressee at its domicile, shall be presumed, until the contrary is proved by the addressee, to have been received by the addressee on the 7th (seventh) day after the date of posting; or 3.      if transmitted by electronic means of communication to the addressee at its domicile shall be deemed to have been received by the addressee on the date of transmission or, if the transmission is made out of normal business hours, on the first business day following after the date of transmission.  

  12. JURISDICTION AND GOVERNING LAW 

12.1 The parties hereby consent to the jurisdiction of the Magistrate’s Court for the District of Johannesburg in respect of all proceedings arising out of this agreement notwithstanding the amount claimed or the nature of the claim, in no way derogating therefrom the parties   shall be entitled to institute action arising out of this agreement in any other court of competent jurisdiction. 

12.2 This agreement is governed by the laws of The Republic of South Africa. 

13. WHOLE AGREEMENT 

13.1 This agreement represents the total agreement between the parties and no guarantees, promises, consensual cancellation, or amendments to this agreement or this clause of any nature whatsoever will be binding upon the parties, unless reduced to writing and signed by both parties hereto. 13.2 This agreement constitutes the entire agreement between the parties and in particular, no representations of whatsoever nature have been made by either party and particular Muslim Caregivers to the client/patient other than those as are contained in this agreement.  The client/patient shall not be entitled to rely on any representations made by Muslim Caregivers, its agents and/or representatives other than as is contained in this agreement. 

14. NON-WAIVER Any relaxation of any of the terms of this agreement or any indulgence shown by either of the parties to the other, shall in no way prejudice the rights of such party and shall not be construed as a waiver or novation thereof. 

15. ACKNOWLEDGEMENTS BY THE CLIENT/PATIENT 

15.1 The client/patient acknowledges that he/she has entered into this agreement after making an independent investigation and that Muslim Caregivers has not made any representations or warranties other than as provided in terms of this agreement. 

15.2 This agreement was presented to the client/patient in consequence of the client/patient having expressed the desire to utilise the specialized caregiving/nursing services of Muslim Caregivers. 

15.3 The client/patient has read this agreement in its entirety; 

15.4 Muslim Caregivers has recommended to the client/patient that he/she submit this agreement to his/her legal adviser for perusal, explanation and comment and that it has done so;    

 15.5 Muslim Caregivers has not made nor has the client/patient received or relied upon any representations or guarantees, whether express or implied regarding this agreement. 

16. CONFIRMATION 

The parties hereto, by their signature, do confirm that they have read and understand all the terms and conditions contained herein and have agreed thereto and that they are bound thereby. They furthermore warrant that they are duly and properly authorized herein and confirm that the meaning and consequences of this agreement have been appropriately explained to them. If you agree to the above conditions, please return a signed copy of this document to Sheikh Muhammad as well as Muslim Caregivers (60 George Street Mayfair, Johannesburg, or send an electric copy by WhatsApp or email).

 Caregiver and/or nurse services cannot commence before Muslim Caregivers has received a signed contract, as well as the initial deposit.

Request for a  copy for signing see contact us.