NON-SOLICITATION
The Customer recognises that the AYAT Care has significantly invested time and resources in employing and training qualified Care providers to enable the operation of the business of the Company.
During the period of the Agreement and for a period of 12 months after the termination of the Agreement (for whatever reason) the Customer undertakes, whether directly or indirectly, not to engage the services of or employ any Care providers and/or any employee of the Company.
Any breach of the Customers undertaking not to engage the services of or employ any Care provides and/or any employee of the Company shall entitle the Company to damages to compensate the Company for losses incurred as a result of the Customers actions. The Customer will be liable to pay In AYAT Care a “transfer fee” of same amount care package has been avail. In case of Care Basic it will be 108,000 Taka or equivalent amount in any currency and Care Pro 192,000 Taka or equivalent amount in any currency
INSPECTION
As a regulated business the Company will be inspected from time to time by the Regulator or local authority/trust. The Company will endeavour to inform the client when this happens and will only share information as far as quality monitoring and compliance with regulations are concerned. The Company will from time to time also be audited internally by a nominated individual from this care company.
The Company will supervise and observe the Care provider during the Agreement so as to ensure satisfaction with the standard of work provided by the Care provider. In order for the Company to successfully supervise its Care providers, the Company asks that the Customer allows the Company’s assessor staff to attend the location of delivery of care and associated services in order to see the Care Provider(s) whilst they are providing care for the Customer. It is a legal requirement for the Company to demonstrate supervision of Care providers.
SAFETY of CARE COACHES:
AYAT Care is committed to providing a safe environment for all its employees free from discrimination on any ground and from harassment at work including sexual harassment. AYAT Care will operate a zero tolerance policy for any form of sexual harassment in the workplace, treat all incidents seriously and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from employment/ cancelling service to care recipient. All complaints of sexual harassment will be taken seriously and treated with respect and in confidence.
No one will be victimised for making such a complaint.
conduct or behaviour which constitute sexual harassment include, but are not limited to:
Physical conduct
- Unwelcome physical contact including patting, pinching, stroking, kissing, hugging,
- fondling, or inappropriate touching
- Physical violence, including sexual assault
- Physical contact, e.g. touching, pinching
- The use of job-related threats or rewards to solicit sexual favours
Verbal conduct
- Comments on a worker’s appearance, age, private life, etc.
- Sexual comments, stories and jokes
- Sexual advances
- Repeated and unwanted social invitations for dates or physical intimacy
- Insults based on the sex of the worker
- Condescending or paternalistic remarks
- Sending sexually explicit messages (by phone or by email)
Non-verbal conduct
- Display of sexually explicit or suggestive material
- Sexually-suggestive gestures
- Whistling
- Leering
Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. AYAT Care recognises that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed. Any incidents of sexual harassment, AYAT Care will take necessary actions depending on its company policy which might include taking legal actions against harasser.
MISCONDUCT DONE BY CARE COACH OR CARE PROVIDER:
If there is a incidents where care coaches or care provider is involved in a crime then it will be treated as that person/s is fully responsible for his/her/ their actions. AYAT Care is not responsible for any kind of misconduct done by any care providers / third party service providers. To ensure safety and security AYAT Care will be assist Care Recipient to take any necessary action against the responsible person/ group.
As Care Recipient’s safety is AYAT Care’s priority, it will ensure that it took necessary procration to ensure that Care Provider do not have any crime record against him/her. Three level of security verification has been done before recruiting Care Provider in AYAT Care.
COMPLAINTS
AYAT Care aims to ensure that all Customers are given the highest quality of care and service. However, if a Customer feels aggrieved or unsatisfied with the service of a Care Worker or the Company, a clearly defined complaints procedure exists and full details are set out in the Company’s Customer Guide. Further copies of the procedure are available upon request.
TERMINATION
AYAT Care and Customer are entitled to terminate the Agreement by either giving 7 days (for Care Basic, Care Pro & Care Duo) written and signed notice to the other party. (Notice can be deemed to have been given if sent by email by the Company or by email from either the Customer or the Authorised Representative).
AYAT Care is entitled to terminate the Agreement by written notice to the client if the client/ care receiver commits a breach of the Agreement and, in the case of a breach capable of resolution, fails to reach a resolution within 14 days after written notice providing details of the breach and the requirements for it to be remedied. The client will be responsible for payment of all the charges up to the point at which the service and/or Agreement is terminated.
In circumstances where the Company reasonably perceives a significant risk of harm to a Care Worker or that the health and safety of those involved in the care and support is compromised, the Company may give immediate notice (0 days) terminating the service and the Agreement. In circumstances where the agreed hours of care are significantly changed due to circumstances out of the Company’s control, eg by the client or as requested by a third party. Then if the Company reasonably perceives that it cannot safely provide the requested changes to the provision of care, then the Company is entitled to give immediate notice (0 days) terminating the service and the Agreement.
Termination with cause or upon occurrence of a specified condition:
AYAT Care shall have the right to terminate this Agreement with or without advance notice upon the occurrence of any of the following circumstances:
i. The Individual choose to move or dies.
ii. The Individual is incarcerated in a correctional facility or transferred to a nursing home, group home or other living arrangement.
iii. After the thirty-first (31st) consecutive day of hospitalization of the Individual by providing five (5) business days written notice to the Caregiver.
iv. Care provider has been charged with a criminal offense.
v. Care provider has breached an obligation under the Agreement or failed to satisfy required conditions of the Agreement.
vi. Care provider has had 05 unexcused absences from work or 05 unexcused late arrivals to work.
vii. Care provider has engaged in any of the following activities:
1. Alcohol or drug use on the job 2. Reporting to work intoxicated 3. Verbal, physical or sexual abuse of the Service Recipient 4. Dishonesty 5. Stealing 6. Misuse of household funds 7. Breach of Service Recipient’s confidentiality 8. Unapproved visitors 9. Smoking while on duty or inside the house while off duty 10. Overuse of cellphone or computer while on duty 11. Failing to report any money or gifts given to Caregiver by Service Recipient 12. Use of pornographic written or electronic material
viii. AYAT Care determines, in its sole discretion, that the Individual is in a dangerous, unsafe, or unhealthy situation; or if abuse or neglect is suspected; or if, in the sole discretion of the company, the best interests of the Individual require that the Care provider placement with the Individual terminate.
THIRD PARTY PRODUCTS AND SERVICES
AYAT Care may run advertisements and promotions from third parties (including Participating Communities) on the Sites or may otherwise provide information about or links or referrals to third-party (including Participating Communities) products or services on the Sites (“Third Party Products and Services”).
AYAT Care do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because AYAT Care do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and Care Recipient use such Third Party Products and Services at your own risk.
Care Recipient business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between Care Recipient and such third party.
Care Recipient should investigate and use your independent judgment regarding the merits, quality and reputation of any Third Party Products and Services that you find on or through the Sites.
CHANGES TO THE SITES AND/OR SERVICES
AYAT Care reserve the right to change, modify, suspend, or cease providing the Sites and/or Services (and therefore, Care Recipient access to and use of) at any time without notice.
ONLINE ACCOUNT SECURITY
On certain portions of the Sites, Care Recipient will be provided with a password and user identification to use the Sites. Care Recipient must agree to abide by these Site Terms and are responsible for all activity under such user identification. Care Recipient are responsible for maintaining the confidentiality and security of any password connected with Care Recipient’s account.
INDEMNIFYING CLAUSE
The undersigned fully understands that the care provider (a) is a non-medical provider, (b) is not licensed to perform medical services, and (c) the undersigned, indemnify, jointly, and severally hereby forever release, discharge, acquit, and forgive any and all claims, actions, suits, demands, liabilities, judgment, and proceedings both at law and in equity, arising from the beginning of time to the date of termination of this agreement with the AYAT Care, such are caused directly by the negligent acts or omissions by the above items and “Services” and the “Care provider” and which result in bodily injury or property damage. This release shall be binding upon insured to benefit the parties, their successors, assigns and personal representatives.
INDEMNIFICATION
- By agreeing to these Terms, you agree to defend, indemnify, and hold AYAT Care, including its affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the website and/or participation in the Services, including but not limited to: (1) care recipient’ breach of these Terms; (2) care recipient’s violation of any law or the rights of a third party as a result of care recipient’s own interaction with such third party; (3) any allegation that any materials that care recipient submit to AYAT Care or transmit through AYAT Care website or to infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Site and Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
“SPOOFING” AND “PHISHING”
A common Internet scam is known as “spoofing” or “phishing.” This occurs when you receive an e-mail from what appears to be a legitimate source requesting personal information from You. Please be aware that AYAT Care will not send You any e-mail requesting You to verify Your credit card, bank information, password or any other personal information. If You ever receive an e-mail that appears to be from AYAT Care requesting such information from You, DO NOT respond to it, and DO NOT click on any links appearing in the e-mail. Instead, please forward the e-mail to AYAT Care at [email protected], as AYAT Care will investigate instances of possible Internet fraud.
AYAT Care and Care Recipient having read this privacy policy agree to the terms of the policy agreement on the June 02, 2021.