1. General
In these conditions "Client" means the person contracting with the company in this contract "Company" means Elizabeth Wendy Russell and Susan Rosemary Walker trading as Rose Care "Services" means those services referred to on the contract. "Term" means the Initial period defined on the contract and thereafter the period specified in Clause 8

2. Company undertaking
The company will provide the Services with the proper level of care and skill during the Term provided that the Client pays the charge.

3. Charges
3.1. The Company shall not during the Initial period vary the charges not more than once in every successive period of 12 months giving not less than 30 days prior written notice of such variation to the Client

3.2. Upon receipt of a notice of increase pursuant to Clause 3.1 the Client shall be entitled to end this contract in accordance with Clause 8

3.3. The charges may include the cost of travelling but all other expenses shall be payable by the Client in addition to the Charge.

3.4. The Charges shall be levied by the Company weekly or four weekly in arrears and shall be payable by the Client within 30 days of invoice.

3.5. The Company reserves the right to charge the Customer interest at the rate of 4% over the base-lending rate of Barclays Bank Plc in respect of late payment to Clause 3.4 to the date of actual payment.

4. Timesheets
4.1. The hours of service comprised in calculating the Charges shall be calculated by reference to timesheets for the relevant day

4.2. A copy of a timesheet will be left with the Client for each day where Services are provided

4.3. The timesheet shall be signed by or on behalf of the Company

4.4. Any query as to the accuracy of a timesheet must be raised with the Company in writing within one week of the last days attendance recorded on the timesheet contents failing which its contents will automatically be deemed to be accurate save for manifest error

5. Client Obligations
The Client undertakes to the Company during the Term

5.1 to grant the Company all necessary access to the place of residence of the Client in order to enable the Company to discharge its obligations hereunder

5.2 to make available such facilities as the Company shall necessarily require in order to discharge its obligations hereunder

5.3 to pay the Charges promptly and in full

6. Insurance
6.1 The Company shall take out and maintain during the Term an insurance policy with an insurer of repute for the adequate cover in connection with the carrying on of the Services by the Company

6.2 The Company shall upon request produce to the client a copy of the relevant insurance policy

7. Liability
7.1 The Company shall be responsible for all loss or damages arising from personal injury or accident of any person or any loss or destruction of or damage to property (not attributable to any default or neglect of the Client or which is not an insured risk) which shall have occurred in connection with the provision of the Services or any default in the Services or any breach by the Company hereunder

7.2 Subject to Clause 7.1 shall not be liable to the client in respect of any event of default or any incidental or consequential loss

8. Termination
8.1 This Agreement may be terminated:

8.1.1 by the Client upon giving not less than 30 days notice to the Company upon receipt of a notice of increase of Charges under Clause 3.1 or upon the expiry of the Initial Period

8.1.2 forthwith by the Company if the Client fails to pay the Charges due hereunder within 30 days of the due date

8.1.3 forthwith by either party if the other commits any breach of any term of this contact and which (if capable of remedy) shall not have been remedied within 15 days of a written request by the other party to remedy the same

8.1.4 forthwith by the Agency if the Client shall convene a creditors meeting or propose a voluntary arrangement or other creditors scheme or arrangement or becomes unable to pay his or her debts or if a trustee or receiver is appointed in respect of any part of the assets of the Client

8.2 any termination of this contract pursuant to this clause shall be without prejudice to any other rights and remedies any party may have

9. Subcontracting
This Company reserves the right in the event of being unable personally to provide the Services in accordance with its obligations hereunder to provide by substitution a suitable person PROVIDED THAT such substitution shall be under a subcontract and the rights and obligations between the Company and the Client shall not be affected nor shall the Client be obliged to pay any for the provisions of the Services to anyone other than the Company

10. Entire Agreement
The Company shall not be liable to the Client for loss or damage arising from or in connection with any representation agreements statements or undertaking made prior to the date of execution of this contract other than confirmed by the Company in writing or expressly incorporated or referred to in this contract

11. Jurisdiction
This contract shall be governed by the law of England and Wales