This Agreement sets out the terms and conditions under which we will provide home care services to you or the person
you’re acting on behalf. You are advised to read all of the documentation carefully.
1.0 Assessment of home – care needs
1.1 The client shall fill the patient contact form to provide us with the relevant information concerning the patient, next
of kin, services to be provided, type of care, mode of payment, amount of service charges and commencement date.
1.2 Before we begin offering the services a patient assessment shall be done in order to determine the level of care
required and to place the most suitable nurse or nurse-aid with the patient.
1.3 We will visit you and your home to discuss your care requirements prior to the commencement of the service.
1.4 You will inform us and keep us informed of all information which may be relevant to the personalized care plan
including, but not limited to, your likes, dislikes, allergies, and lifestyle preferences, physical and medical conditions.
1.5 We will provide the service(s) agreed between you and us (BENA Care Ltd).
1.6 If your needs change or increase to a level which cannot be met by us, we will tell you without delay, and will
endeavor to discuss alternative arrangements, and agree a mutually acceptable solution. We will continue to provide
the Service to you during this period.
2.0 Service fees
2.1 All payments shall be done directly to BENA Care Ltd as guided and NOT to the caregiver(s) or nurse(s).
2.2BENA Care Ltd will disown and not be party to any financial transaction between the caregiver(s) or nurse(s) and the
client related to or part of service fees.
2.4 After payments are done, an official stamped BENA Care Ltd receipt shall be issued to the client.
2.5 Monthly bills shall be invoiced to the client and is payable within 5 days of the first week of the consecutive month.
2.6 We reserve the right, in the event that you have failed to pay the Fees in due time, suspend the services until
payment has been made in full.
2.7 For clients outside Nairobi, transport, accommodation and other costs incurred to deliver or meet the client(s) needs
shall be paid for by the client.
2.8 Invoices will be sent to the client electronically.
2.9 All payments are payable as per the agreement i.e. weekly or monthly. The service provider (BENA Care Ltd) must be
notified in case of any changes.
2.9 Where a daily payment applies, the charge for any such month shall be 30/31 times the daily fee.
2.9.1 For a period of less than a month the fees will be applied on a daily basis times the number of days and ONLY the
daily service rates shall apply.
2.9.2 A one-time 10% discount will be waivered from the client’s bill for every successful referral.
2.9.3 Any other service (that is beyond the primary caregiver’s/nurse’s skills, knowledge and expertise) provided by a
third party i.e. professionals such as physiotherapists, licensed nurses, doctors, clinical nutritionists etc. shall be paid for
2.9.4 The cost of medical tools and equipment hired from BENA Care Ltd shall also be paid for separately.
2.9.5 Payment(s) shall be done and paid in full at the onset of providing the services or at the beginning of every month.
2.9.6 Once the care commences, an invoice shall be emailed to the client and payment should be done within 48 hours.
2.9.7 Monthly mode of payment agreements shall be settled in full whether the number of days of service provision
within that month is 30 or less contrary to which the daily rate will be applied times the number of days remaining in
that particular month.
2.9.8 Discounted rates shall apply for full months (30/31 days)
3.1 We work with both caregivers and nurses.
3.2 Caregivers/patient attendants/Nurse aides/nursing assistants – They are trained to a certificate level of nursing. Their
knowledge, skills and expertise is basic.
3.2 Nurses — These are trained to a diploma or degree level and are licensed by the government.
3.3 We shall advice on the appropriate person to attend to/give care to the patient (Caregiver(s)/Nurse(s)) but the final
decision lies with the client or the person acting on the behalf of the patient.
3.4 Although the caregiver(s) or nurse(s) provide the service(s) independently, per their skills, knowledge and expertise
under our supervision, all engagements including but not limited to, fee payments, replacement, work schedules, and all
other matters relating to the work must be done through BENA Care Ltd.
3.5 We will exercise reasonable care and skill to meet your individual needs as agreed and to provide suitably trained,
sufficiently skilled, experienced and competent care giver(s) to provide the Service.
3.6 We will endeavor to supply a named care giver each time we supply the service to you. However, annual leave,
sickness, availability and unforeseen events may require us to supply an alternative care giver. We will endeavor to give
you as much advance notice as circumstances allow.
3.7 If a care giver fails to attend your Home, or you are not satisfied with the standard of the Service, you should notify
us by telephone, without delay.
3.8 The caregivers are not permitted to carry out the following tasks:
(a) Heavy lifting of any kind, including lifting or moving a patient without appropriate equipment or an insufficient
number of people.
(b) Household maintenance unless the care plan agreement is to provide comprehensive care.
(c) Bring other members of their family or friends into the client’s home.
(d) Accept a direct payment from the client for services rendered.
3.10 To make sure the caregivers are not overworked, an extra caregiver shall be engaged to relieve the named
caregiver. The period of rest and the costs involved for the extra caregiver shall be determined by BENA Care Ltd.
3.11 In case of any loss, dishonesty, damage(s), destruction, or any form of liability, BENA Care Ltd shall not be liable.
3.12 Once the client terminates the contract, we shall withdraw the staff immediately.
3.13 We take utmost consideration to deploy the most appropriate caregiver(s) or nurse(s). However, should the carer
decline giving care to the patient, for whatever reason, we have no control over that. As BENA Care Ltd, we shall do due
diligence to deploy a replacement as soon as possible, as time would allow, to avoid unpredicted inconveniences.
4.0 Your home as a workplace 4. Your home as a workplace
4.1 You will provide a safe environment and appropriate equipment to allow the care giver to carry out the services. This
(a) Maintaining a generally clean and safe home free of risks and hazards;
(b) Maintaining a safe route of access to and from your home;
(c) Providing any equipment supplied by you, or a third party, that is required to deliver home-care services such as
lifting and transfer aids, wheelchairs and other mobility aids, and protective gear.
5.0 Complaints & service monitoring
5.1 We will operate a feedback procedure by which you may be asked to participate in client satisfaction surveys, or to
be interviewed in person as part of our quality assurance procedures.
5.2 However, you are not obliged to reply to satisfaction surveys or interviews. We will always request your consent
before we commence any service monitoring in your home.
6.1 We will respect your privacy and confidentiality but you agree that we may disclose confidential information
(including Sensitive Personal Data) about the patient to our care giver(s) if we believe such disclosure is in your best
interest; is appropriate for the performance of the services; or is required as a matter of law.
6.2 You agree that we may disclose personal data (including sensitive personal data) about the care giver and that such
information is strictly confidential. You also agree that you will not disclose, either directly or indirectly, such
information to any other person, company or firm for any reason unless such disclosure is required by law or any
relevant local authority.
6.3 The caregiver shall maintain the privacy and dignity of the patient/the client and the hosting family and family
members during the time he or she is within and without the place of work.
6.4 You agree that this agreement is confidential and no part of this agreement shall be disclosed to caregiver(s) or
7.0 Live-in care givers in care givers in care givers
7.1 Live — in care plan (living in your home) is allowed on the condition that the patient requires minimal checks at night.
7.2 Caregivers engaged to a patient on a 24-hour basis are not allowed to work throughout the day and the entire night.
A mandatory break of at least 6 hours to rest and sleep shall be allowed.
7.3 If the patient requires attention during the day and at night and makes it difficult for the caregiver to rest as
stipulated on clause (7.2) above, then arrangements should be made between BENA Care Ltd and the client to engage
7.4 In the event that a live-in contract has been signed and (through the caregiver/nurse) the service provider learn that
he/she works (without rest) during the day and at night the service provider will ask the client to engage an extra
caregiver/nurse for day and night duty.
8.0 Withdrawal of the Services
8.1 We reserve the right to withdraw a care giver and/or to terminate this agreement with immediate effect in
circumstances which, in our reasonable opinion, make the continued provision of the Service untenable. Such
circumstances would include (but would not be limited to) any failure by you to pay or persistent failure to honour our
invoices, failure by you, or someone else at your home to provide a safe environment and/or appropriate equipment for
the service, or sexual, racial or any other form of harassment, or requests that a care giver undertake unreasonable or
9.0 Cancellations and termination
9.1 For monthly care plans, the client shall give us a one month notice to terminate this agreement, unless the care is
discontinued by natural cause(s) such as death or illness that leads to hospitalization.
9.2 Clients subscribed to weekly care plan shall give a 7 days’ notice to terminate this contract, unless the care is
discontinued by natural cause(s) such as death or illness that leads to hospitalization.
9.3 For clause 9.1 and 9.2, No extra fees shall be paid apart from the service charges and the total amount refundable
shall be refunded in full minus the service costs.
9.4 Abrupt termination of the contract without prior notice or contrary to clause 9.1 and 9.2, shall attract a payment of
1/3 of total payment (weekly or monthly) or deduction of the same (1/3) of the total amount refundable.
9.5 Once this contract is terminated (for whatever reason), all pending or due payments MUST be settled immediately.
9.6 Anything done by the client contrary to these BENA Care Ltd terms and conditions shall be deemed as breach of
contract and may lead to withdrawal of the caregiver(s)/nurse(s) and consequently termination of this agreement.
DECLARATION AND CONSENT OF THE CLIENT / PATIENT / INDIVIDUAL ACTING ON BEHALF OF THE PATIENT
You hereby acknowledge you have read, accepted and agreed with the above terms and conditions of this BENA Care