Every MERICARE customer signs a written Service Agreement before care begins. This page sets out the standard terms of that agreement for reference. Where this page and a signed Service Agreement differ, the signed agreement governs. Fees, payment schedules, the term of services and notice periods are set out in each customer's signed agreement.
1. Parties and effective date
The Service Agreement is made between MERICARE Home Services Inc. ("MERICARE"), of 156 Corstate Ave, Unit 300, Concord, ON L4K 4X2, and the customer named in the agreement (the "Customer"), and takes effect on the date stated in the agreement (the "Effective Date").
MERICARE provides services related to, but not limited to, personal care, companionship, meal preparation, medication reminders and housekeeping to seniors and persons in need, operating from Concord, Ontario, with a proficient team working with passion and care to promote each customer's well-being. The Customer wishes to engage MERICARE's services, and MERICARE agrees to provide them on the terms set out in the agreement.
2. Responsibilities
MERICARE agrees to
- provide home care services to the elderly in a competent, professional, timely, secure and diligent manner, in accordance with professional standards;
- ensure compliance with all applicable laws and regulations relevant to the provision of its services;
- maintain the confidentiality of all customer data and personal health information, and take steps to maintain each customer's privacy and dignity in the premises where they receive care, as described in our Privacy Policy;
- strive, through its caregivers, to meet each customer's language and communication needs.
The Customer agrees to
- provide the information and cooperation MERICARE needs to deliver services effectively;
- comply with all payment terms set out in the agreement;
- provide complete, accurate and timely documentation where required.
3. Services provided
The services available under a Service Agreement are:
- Personal care — personalized and compassionate personal care tailored to the customer's unique needs, ensuring comfort and well-being every step of the way.
- Companionship — companionship services that foster meaningful connections and enhance overall well-being through genuine care and support.
- Meal preparation — convenient meal preparation, assisting in cooking freshly prepared meals tailored to individual dietary needs.
- Medication reminders — timely reminders that help the customer stay on track with their medication regimen and give families peace of mind.
- Housekeeping — maintaining cleanliness and organization in the customer's living space.
- Multilingual support — services in Urdu, Punjabi, Hindi, Swedish and English, enabling seamless communication.
- Live-in caregiver services — for customers who wish to remain at home owing to age, disability or illness, an experienced caregiver assisting with meal preparation, housekeeping, companionship, personal care (bathing, dressing, grooming and toileting) and other daily living activities tailored to the customer's needs.
The specific services, schedule and any special instructions for each customer are recorded in their signed agreement and care plan.
4. Disputes, governing law, term and termination
Resolution of disputes. In the event of any dispute, the parties agree to first attempt resolution through good-faith discussions and meetings. If a dispute cannot be resolved informally within thirty (30) days, or a longer mutually agreed period, either party may pursue arbitration and, failing that, other legal remedies as deemed appropriate.
Governing law. The agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.
Term and termination. The term of services and the notice period required to end them are set out in each customer's signed Service Agreement.
5. Limitation of liability
MERICARE is liable for its caregivers only in respect of the in-residence services assigned to them, within their respective professional boundaries, and within the limits of their knowledge, skill, judgment and legal scope of practice.
6. Renewal terms
- The agreement may be renewed upon mutual agreement of both parties.
- The terms and conditions for any renewal are negotiated and agreed by both parties before the current term expires.
- The agreement does not renew automatically and is not perpetual.
7. Assignment
A MERICARE caregiver may not assign any part of the contract documents without MERICARE's prior written consent. Any purported assignment in violation of this section is void.
8. Payment terms
- Execution and payment, late payments and additional-service rates are set out in each customer's signed Service Agreement.
- Travel costs. Any services requiring travel are billed to the customer. The cost of travel is communicated before it is incurred.
- HST and taxes. Taxes apply to service fees. HST is currently 13%.
- Currency. All pricing is quoted in Canadian dollars.
- Acceptance. By signing the Service Agreement, the customer acknowledges and accepts all of its terms and conditions.
9. Independent contractors and indemnification
Services are provided by independent contractors engaged by MERICARE. No relationship of partnership, joint venture, employment, franchise or agency is created between MERICARE and its independent contractors. The customer indemnifies MERICARE for any claim against MERICARE arising from the negligence of an independent contractor.
10. What you can expect from MERICARE caregivers
Every caregiver is bound by MERICARE's Code of Conduct and Code of Ethics. Among other things, caregivers commit to:
- treat customers with care and compassion, respecting their culture, identity, beliefs, values and goals, and never imposing their own beliefs;
- identify themselves by name, title and role, and carry evidence of the assignment MERICARE has given them;
- communicate clearly, meet language and communication needs, and seek consent from the appropriate decision-maker when a customer cannot consent;
- work within the limits of their knowledge, skill, judgment and legal scope of practice, and keep complete, accurate and timely documentation;
- protect customers' privacy and confidentiality, and never share customer information on social media;
- maintain professional boundaries, declare any conflict of interest, accept no gifts, never act as a customer's power of attorney or substitute decision-maker, and never use their position for personal gain;
- take prompt action to prevent harm, report any error or concern affecting a customer's safety, and never provide care while impaired.
11. Complete understanding, notices and amendments
The signed Service Agreement is the full and complete understanding between the parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, written or oral, on its subject matter. No other agreement, promise or understanding is binding unless it is in writing and signed by both parties, and the agreement may only be amended or modified by a written document executed by duly authorized representatives of both parties.
Notices under the agreement are given in writing to the contact details set out in the signed agreement. MERICARE can be reached at contact@mericarehome.com or 416-789-6555.
12. Waiver, severability and force majeure
Waiver and severability. A party's waiver of, or failure to exercise, any right under the contract documents is not a waiver of any further right. If any provision is found by a court of competent jurisdiction to be unenforceable, the remainder of the contract documents continues in full force and effect.
Force majeure. Neither party is liable to the other for any delay or failure to perform an obligation (other than a failure to pay fees) caused by unforeseen events beyond its reasonable control, such as strikes, blockade, war, terrorism, riots or natural disasters.
13. Questions
To request a copy of the full Service Agreement or ask about any of these terms, contact us, email contact@mericarehome.com, or call 416-789-6555.