AGREEMENT FOR ELECTRONIC SIGNATURE OF DOCUMENTS
This AGREEMENT is drawn up on the basis of the provisions of:
– Law 208 / 2021 for the approval of Government Emergency Ordinance No. 36/2021 on the use of advanced electronic signature or qualified electronic signature,
– Law 455/2001 on electronic signatures
– EU Regulation 910/2014 on electronic identification and trust services for electronic transactions on the internal market
– Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data
The Care Hub SRL, hereinafter referred to as the PROVIDER, with registered office in Ghiroda, str. Lacului, nr. 7, Timis, CIF 40299417, account no. RO65INGB000099999908642150 (RON) opened with ING Bank Timisoara branch, accreditation certificate AF series no. 007051 and sanitary authorization of operation 15689/244/R, represented by Mrs. Silvia-Monica Moldovan, as Administrator and
Individuals benefiting from integrated home care services, hereafter referred to generically as BENEFICIARY; and
Natural or legal persons paying for the integrated home care services benefiting the BENEFICIARY, hereafter referred to as the GENERALLY PAYING PERSON,
referred to individually as “Party” or collectively as “Parties”;
I have entered into this agreement to sign documents in electronic format under the following conditions:
Art. 1 In accordance with the legislative provisions mentioned above, the parties mutually agree to use for signing documents: holographic signature and/or electronic signature, advanced electronic signature or qualified electronic signature, using the same type of signature (holographic or electronic).
Art. 2 (1) In case the documents are to be signed with electronic signature, advanced electronic signature or qualified electronic signature, the email address used for the transmission of the documents is: [email protected] and the email address where the documents will be received is:
(2) A possible change of any of the 2 email addresses mentioned in art. 2 (1) will lead to the signing of a new agreement with the new data.
Art. 3 Each party is personally responsible for the management of the email address mentioned in Art. 2 (1) and for protecting the confidentiality of the access password. The parties undertake not to save passwords on devices to which other persons may have access.
Art. 4 For the electronic signature of documents, The Care Hub uses the digital signature solution Zoho Sign. Zoho Sign’s digital certificates are part of the Adobe Approved Trust List (AATL) for the European Union Data Centre, in accordance with eIDAS standards. Zoho Sign technology relies on PKI (public key infrastructure) to provide the highest levels of document security. To sign a document submitted by The Care Hub electronically using ZohoSign, you do not need to create an account on the Zoho platform.
Art. 5 The parties agree that during the use of the ZOHO Sign platform, immediately after completing/signing a document, they will download/save/archive the respective document together with the certificate of authenticity on their own device.
Art. 6 The electronic signature of documents is not obligatory, the parties may choose to sign the documents either holographically or electronically.
CONTRACT FOR HOME CARE SERVICES
The Care Hub SRL, hereinafter referred to as the PROVIDER, with registered office in Ghiroda, str. Lacului, no. 7, Timis, VAT number 40299417, account no. RO65INGB000099999908642150 (RON) opened with ING Bank Timisoara branch, accreditation certificate AF series no. 007051 and sanitary authorization of operation 15689/244/R, represented by Mrs. Silvia-Monica Moldovan, as Administrator; and
Individuals benefiting from integrated home care services, hereinafter referred to as the BENEFICIARY; and
Natural or legal persons paying for the integrated home care services benefiting the BENEFICIARY, hereinafter referred to as the “PAYER”,
referred to individually as “Party” or collectively as “Parties”;
1.1. Contract for the provision of services – the legal act concluded between a natural or legal person, public or private, accredited by law to provide integrated services at home, called Provider, and a natural person in a situation of social or medical risk or difficulty, called Beneficiary, expressing their consent to provide integrated services;
1.2. Provider – a natural or legal person, public or private, accredited by law to provide social services, as provided for in Article 11 of Government Ordinance No 68/2003 on social services, approved with amendments and additions by Law No 515/2003, with subsequent amendments and additions, and home health care services in accordance with the provisions of Law 95 of 2006, MS Order 318 /2003 for the approval of the Rules on the organization and operation of home care, with subsequent amendments and additions;
1.3. Beneficiary – the person at risk and in social or medical difficulty, together with his/her family, who requires social or medical services, according to the intervention plan reviewed after the complex assessment;
1.4. Services – set of integrated social or medical measures and actions, carried out to meet individual, family or group social or medical needs, in order to prevent and overcome situations of difficulty, vulnerability or dependency, to preserve the person’s autonomy and protection, to prevent marginalisation and social exclusion, to promote social inclusion and to increase the quality of life, defined under the conditions set out in Government Ordinance no. 68/2003, approved with amendments and additions by Law no. 515/2003, with subsequent amendments and additions and/or any health care activity provided by specialised staff, at the patient’s home, which contributes to the improvement of the patient’s physical and psychological well-being), as defined in Article 1 of MS Order 318/2003.
1.5. reassessment of the Beneficiary’s situation – the mandatory activity of the service provider to assess the Beneficiary’s situation after the provision of services over a certain period;
1.6. revision or completion of the individualised care and support plan – modification or completion of the individualised plan based on the results of the reassessment of the Beneficiary’s situation;
1.7. Beneficiary’s contribution – the share of the total cost of the service/s provided by the service provider, depending on the type of service and the Beneficiary’s material situation, which may be in cash, services or in kind;
1.8. obligations of the Beneficiary – the totality of the duties which the Beneficiary assumes by contract and which he will fulfil by making the most of his psycho-physical potential;
1.9. minimum quality standards – the set of requirements concerning the organisational and material framework, human and financial resources with a view to achieving the level of performance mandatory for all specialised service providers, approved in accordance with the law;
1.10. legal amendments to the service provision contract – amendments made to service provision contracts independently of the will of the parties, pursuant to the provisions of a regulatory act;
1.11. force majeure – an event beyond the control of the parties, not due to their fault or negligence, which could not have been foreseen at the time the contract was concluded and which makes it impossible for the contract to be performed or fulfilled;
1.12. initial assessment – the activity of identifying/determining the nature of the causes, the current state of development and social integration of the Beneficiary and their prognosis, carried out by the service provider using methods and techniques specific to the social or medical professions. The aims of the assessment are to know and understand the problems faced by the Beneficiary and to identify initial measures for the development of the initial plan of measures;
1.13. individualised care and support plan – the set of appropriate and individualised measures and services according to the social or medical needs identified as a result of the complex assessment, including the scheduling of Services, responsible staff and procedures for the provision of Services;
1.14. complex assessment – the activity of investigation and analysis of the current state of development and social integration of the Beneficiary, the causes that have generated and maintain the situation of difficulty in which he finds himself, as well as their prognosis, using standardized tools and techniques specific to the fields: social assistance, psychological, educational, medical, legal.
1.15. Partner – home carers, nurses or doctors working with the Provider
1.16. Platform – consists of:
i. “Website” – means the website www.thecarehub.ro.
ii. “Partners Mobile App” – means “The Care Hub Partners” App for web, mobile phones, tablets and other mobile devices, in the version for iOS and Android operating systems or any other versions available in other operating systems, used by the Partner to gain access to the Services to be provided by the Partner;
iii. “Customers Mobile App” – means The Care Hub Customers App for web, mobile phones, tablets and other mobile devices, in the version for iOS and Android operating systems or any other versions available in other operating systems, used by the Beneficiary or Payer to procure the Services provided by the Provider.
iv. Zoho Customer and/or Partner portals for accessing accounting documents, claims, etc.
2. Subject matter of the contract
2.1. The object of the contract is the provision of services according to the care plan, which is modified following periodic reassessments of the beneficiary’s condition.
3. Costs of the services provided and the service beneficiary’s contribution
3.1. The cost of the services referred to in point 2 is set out in Annex 1 to the contract.
3.2. The Beneficiary’s contribution for the Services received shall be 100% of the amount set out in the Annex to the Contract and shall be paid in full by the Beneficiary and/or the Payer.
3.3. The Beneficiary’s contribution shall not affect the provision of the Services and shall not hinder the Beneficiary’s ability to recover from the hardship.
4. Contract duration
4.1. The duration of the contract is 12 months from the date of signature of this contract; the contract may be terminated at any time without any penalty under the conditions referred to in Art 12.
4.2. The duration of the contract may be extended with the agreement of the parties and only after evaluation of the results of the services provided to the Beneficiary and, where appropriate, review of the individualised care and assistance plan.
5. Stages in the process of providing Services:
5.1 Implementation of the measures set out in the intervention plan and the individualized plan;
5.2. periodic reassessment of the Beneficiary’s situation;
5.3. reviewing the individualised care and assistance plan in order to adapt the Services to the needs of the beneficiary.
6. Rights of the service provider:
6.1. to verify the veracity of the information received from the Beneficiary;
6.2. to suspend the provision of Services to the beneficiary if he/she finds that the beneficiary has provided him/her with incorrect information;
6.3. to use, in accordance with the law, denominated data for the purpose of compiling statistics for the development of the Services.
7. Obligations of the Service Provider:
7.1. to respect the fundamental rights and freedoms of the Beneficiary in the provision of the Services or medical care, and the Beneficiary’s rights resulting from this Contract;
7.2. to provide the Services set out in the individualised care and assistance plan, in compliance with it and with the minimum quality standards of the Services;
7.3. to make every effort to ensure the continuity of the Services provided to the beneficiary in the cases of termination of this contract provided for in points 12.1 and 13.1 letters a) and d); the continuity of the Services will also be ensured by subcontracting and assignment of services;
7.4. be receptive to and take into account all efforts of the Beneficiary in fulfilling its contractual obligations and consider that the Beneficiary has fulfilled its contractual obligations to the extent that it has made all efforts;
7.5. inform the Beneficiary of:
– the content of the Services and the conditions under which they are provided;
– the desirability of providing other Services;
– the local list of providers accredited to provide services;
– the internal rules of procedure;
– any legal changes to the contract;
7.6. periodically reassess the Beneficiary’s situation, and, if necessary, supplement and/or revise the Individualized Care and Support Plan solely in the best interests of the Beneficiary;
7.7. respect, in accordance with the law, the confidentiality of data and information relating to the Beneficiary;
7.8. take into account the Beneficiary’s objective wishes and recommendations regarding the provision of Services;
7.9. use the Beneficiary’s contribution exclusively to cover expenses related to the provision of the Services;
7.10. to inform the public assistance service in whose territorial area the beneficiary lives of the needs identified and the Services proposed to be provided.
8. Beneficiary rights
8.1. In the process of providing the Services referred to in paragraph 2, the Service Provider shall respect the fundamental rights and freedoms of the Beneficiary.
8.2. The beneficiary has the following contractual rights:
a) to receive the Services set out in the individualised care and assistance plan;
b) to be ensured continuity of the Services as long as the conditions that gave rise to the hardship are maintained;
c) to refuse, under objective conditions, to receive Services;
d) to be informed, in a timely manner and in accessible terms, of:
– social and patient rights, legal protection measures and risk situations;
– changes in the provision of Services;
– the appropriateness of providing other Services;
– the local list of providers accredited to provide services;
– internal rules of procedure;
e) to participate in the assessment of the Services received and in the decision-making on the social or medical intervention to be applied to him/her, being able to choose intervention options, if any;
f) the right to have access to his/her own file;
g) to express dissatisfaction with the provision of Services.
9. Obligations of the beneficiary or payer:
9.1 Actively participate in the process of providing Services and in the reassessment and review of the individualized care and support plan;
9.2. to provide accurate information on identity and family, medical, economic and social situation and to enable the service provider to verify its veracity;
9.3. comply with the deadlines and clauses laid down in the individualised care and assistance plan;
9.4. contribute to the payment of the costs of the services received with a share of the total cost of the service(s) provided by the provider, according to point 3.2;
9.5. notify any change in his/her personal situation during the provision of the Services;
9.6. comply with the internal rules of the service provider (rules of conduct, schedule, contact persons, etc.).
9.7 The Payer declares that he/she is aware and agrees that if he/she books Services on behalf of the Beneficiary, the Payer is obliged to inform the Beneficiary and obtain his/her consent to the processing of his/her personal data by the Provider and/or Partner, the details of the visit, the details of the Partner who will carry out the visit and any terms and conditions applicable to the provision of integrated social or medical services by the Provider. The Payer declares that it acknowledges and understands that in booking Services on behalf of the Payee, the Payee is a third party to the contractual relationship between the Payer, on the one hand, and the Provider or Partner, on the other hand. Thus, the Payer is obliged to ensure that the Beneficiary shall not bring any legal action, complaint or referral to the competent bodies and/or institutions (i) against the Provider or its affiliates or against the Partner for failure to properly fulfil its contractual obligations or (ii) against the Provider or its affiliates for any unlawful or criminal acts committed by the Partner. In the event that the Beneficiary brings such actions, the Payer agrees to bear all expenses (including but not limited to: attorney’s fees, notary fees, translations, etc.) incurred by the Supplier and/or the Partner, as the case may be, until the final resolution of the actions brought.
10. Settlement of complaints
10.1. The Beneficiary has the right to make complaints about the provision of the Services verbally, online and/or in writing.
10.2. Complaints may be addressed to the Service Provider directly or through any member of the Individualized Plan Implementation Team.
10.3. The Service Provider is obliged to analyse the content of complaints, consulting both the Beneficiary and the specialists involved in the implementation of the individualised care and assistance plan, and to formulate a response within a maximum of 10 days of receiving the complaint.
10.4. The Beneficiary or Payer declares that it is aware and agrees that the Partner is required to confirm the start and end of each Visit by using the “Start Visit” and “End Visit” buttons in the Partner Application and that this confirmation includes but is not limited to the start time of the visit which will be communicated to the Beneficiary or Payer upon their request. If these confirmations are not made via the Partners Mobile App, the Beneficiary or Payer shall have the right to dispute the non-performance of the services within 48 hours of the scheduled start date and time of the visit, in which case the Provider and the Beneficiary or Payer shall have 10 (ten) working days to resolve this dispute by mutual agreement.
10.5. If the Beneficiary is not satisfied with the settlement of the complaint, he/she may apply in writing to the Social Mediation Commission of Timis County, which will clarify through dialogue the differences between the parties or, where appropriate, to the competent court.
11.1. Disputes arising in connection with the conclusion, performance, modification and termination or other claims arising from this contract shall be subject to a prior amicable settlement procedure.
11.2. If, 15 days after the start of these informal procedures, the Service Provider and the Beneficiary fail to settle a contractual dispute amicably, either may apply to the Social Mediation Commission for mediation to resolve the dispute or may apply to the competent courts.
12. Termination of contract
12.1. The following shall constitute grounds for termination of this contract:
a) the Beneficiary’s objective refusal to continue receiving the Services, expressed directly or through a representative;
b) repeated non-compliance by the Beneficiary with the Service Provider’s internal rules of procedure or the proposal of moonlighting to the Partners, representatives of the Service Provider;
c) violation by the Service Provider of the legal provisions concerning the Services, if invoked by the Beneficiary;
d) withdrawal of the Service Provider’s operating licence or accreditation;
e) limitation of the scope of activity for which the service provider has been accredited, insofar as the provision of services to the Beneficiary is affected;
f) change of the scope of activity of the service provider, insofar as the provision of services to the Beneficiary is affected.
13. Termination of contract
13.1. The following shall constitute grounds for termination of this contract:
(a) expiry of the term for which the contract was concluded;
(b) the agreement of the parties to terminate the contract;
(c) the purpose of the contract has been achieved;
(d) force majeure, if invoked.
14. Final provisions
14.1. The contracting parties shall have the right, during the performance of this contract, to agree to amend its terms by means of an additional act only in the event of the occurrence of circumstances affecting their legitimate interests which could not have been foreseen at the time this contract was concluded.
14.2. The provisions of this contract shall be supplemented by the provisions of the relevant legislation in force.
14.3. The language governing this contract is Romanian.
14.4. This contract shall be interpreted in accordance with the laws of Romania.
14.5. The Service Provider shall monitor and evaluate the Services provided.
14.6. The measures for the implementation of the individualized assistance and care plan shall be communicated to the General Directorate for Social Assistance and Child Protection and the Public Social Assistance Service, according to the law.
14.7. Based on the report on the results of the implementation of the individualized care and assistance plan, the General Directorate of Social Assistance and Child Protection and the Public Social Assistance Service shall monitor the work of the service provider.
This Service Provision Contract has been concluded in Timisoara, in two copies, one for each contracting party.
A copy of this contract may be sent on request to the Directorate-General for Social Assistance and Child Protection and the Public Social Assistance Service by the service provider.
Annex 1. List of services, cost of services and billing
The list of services and the price of services are available at www.thecarehub.ro.
The price paid for the Services, will be displayed in real time at the time the Beneficiary or the Payer makes a visit request via the mobile customer app.
The Beneficiary or the Payer declares that they understand that the price for the Services may be changed by the Provider without the prior consent of the Beneficiary or the Payer.
How the price of the Services is determined
The Beneficiary or Payer will pay the Provider in exchange for the integrated, social or medical, home-based Services provided an amount calculated according to the number of hours or procedures of services booked by the Beneficiary or Payer and the hourly or per-procedure rate for each type of service. If the Beneficiary or Payer also books other Services, the price of such Services will be calculated as a percentage applied to the entire visit amount, or as a fixed amount added to the entire visit amount, or as a combination of percentage and fixed amount.
The Beneficiary or Payer declares that it is aware and agrees that the price of the Services is calculated according to the number of hours or procedures of services booked by the Beneficiary or Payer. The number of hours or procedures set for the visit may be increased to the extent that the Provider and the Beneficiary or Payer agree to this via the Customer Mobile App. Any subsequent financial obligations on the part of the Beneficiary or Payer to the Partners, home caregivers or nurses represented by the Provider due to exceeding the number of hours or procedures booked during the visit will be agreed upon solely by the Partner and the Beneficiary or Payer without creating any obligations on the Provider. The Provider shall have the right to be informed of the existence of additional financial obligations in order to draw up the related payment documents.
How to change the price of the Services
The amount of the hourly or per-procedure fee for the Services provided by the Provider to the Payer/Beneficiary, the percentages or fixed amounts related to the Services may be modified from time to time by the Provider by amending the Terms and Conditions published in the “Terms and Conditions” section of “My Account” on The Care Hub Platform and with prior notification to the Beneficiary or Payer.
Notification of the Beneficiary or the Payer shall be made by the Provider by e-mail or SMS, or by any other means of communication allowing for an acknowledgement of receipt. If the Beneficiary or the Payer has ticked only the option of communication by e-mail and/or SMS in the Customer Mobile Application, the notifications shall be deemed to have been received by the Beneficiary or the Payer if they appear in the Provider’s Outbox and the Beneficiary’s or the Payer’s server has not returned an error message indicating that the e-mail or SMS has not been received.
The Beneficiary or Payer shall accept the modification of the contract by expressly agreeing to it by ticking one of the options made available to him/her by means of a notification that will be displayed in the Mobile App for Customers.
Billing for Services
At the time of booking the Services by the Beneficiary or Payer, the Beneficiary or Payer will receive an advance invoice with the Supplier’s billing details for the amount due to the Supplier as a result of providing the Services. The Beneficiary or Payer shall receive the tax invoice for the Services provided in the previous month on or before the 5th of each month.
The Beneficiary or the Payer is obliged to access the Customer portal to check these invoices on The Care Hub platform and to inform the Provider of any discrepancies noted in the invoices received within 3 working days of the invoice issue date. Invoices will also be kept on The Care Hub platform where they can be accessed at any time by the Beneficiary or Payer. In the absence of notifications within the aforementioned period, the Provider shall not be liable for any errors in the invoices issued or for any differences in payment due to possible errors.
Annex 2. Rules for modification and cancellation of visits
The Beneficiary or Payer declares that it acknowledges and agrees that the Visit shall begin three (3) hours before the actual time requested by the Beneficiary or Payer at the time of making the Visit request, in order to take into account the travel time required for the Partner to arrive on time at the address indicated by the Beneficiary or Payer.
The Beneficiary or Payer is obliged to inform the Provider and the Partner as soon as it becomes aware of the cancellation of the Visit or as soon as it decides to cancel it, as the case may be. In addition, the Beneficiary or Payer undertakes to inform the Provider and the Partner of any circumstance likely to affect the conduct of the Visit, as well as of any change in the originally announced conditions of conduct (such as, but not limited to, services, venue, period).
The Beneficiary or the Payer acknowledges that he/she may change the date, time and duration of a visit up to 48 hours before the start of the visit. Any change less than 48 hours prior to the start of the visit is not permitted. The beneficiary acknowledges that the date and time of the modified visit may not be less than 48 hours from the date and time of the request for modification.
The request for modification will be sent to the caregivers who has/have the right to accept or reject it within a maximum of 12 hours. An amendment not accepted by the carers will be cancelled and the visit will remain unchanged.
If the change does not involve additional payment, the change will be confirmed as soon as the carers accept the change. If the change involves an additional payment, the beneficiary or payee will be able to pay the difference in payment within 12 hours of the caregiver’s acceptance of the change request. Once the beneficiary or payer pays the difference, the change will be confirmed.
Management of penalties for cancellations initiated by the Beneficiary (or Payer)
The Beneficiary and the Payer acknowledge and agree that they may cancel a booked visit prior to the start time of the visit, and that in certain cases, the Provider will charge a cancellation penalty to the Beneficiary (or Payer).
Amount of penalty charged to the Beneficiary (or Payer):
(1) cancellation 48h before the visit, Beneficiary (or Payer) is reimbursed 100% – 3% transfer cost, Supplier is not paid;
(2) cancellation less than 48h but more than 3h before visit, Beneficiary (or Payer) is reimbursed 60% – 3% transfer fee
Annex 3. Service quality assessment system
The Beneficiary or the Payer declares that it acknowledges that, after the provision of the Services:
(a) the Beneficiary or Payer will be reminded by the Customer Mobile App to conduct the evaluation of the Visit and, optionally, to provide comments about the quality of the Services and the Partner.
b) The Partner will be reminded by the Provider’s Partner Mobile App to conduct the evaluation of the Visit and provide comments about the Visit and the Services performed as well as the Beneficiary’s strea.
The Beneficiary or the Payer declares that it acknowledges and agrees with the Provider’s objective to maintain a high quality of Services. In order to maintain their right to access the Services, each Beneficiary or Payer is obliged to maintain an average evaluation score higher than the minimum evaluation score set by the Provider from time to time. The Provider reserves the right to set the level of the minimum evaluation score.
The minimum evaluation grade is 3.5* (out of 5.0*).
The Beneficiary or Payer acknowledges and agrees that if their evaluation score is below the level set by the Supplier, the Supplier will notify the Beneficiary or Payer of the commencement of the probationary period, a period defined by the Supplier during which the Beneficiary or Payer will have the opportunity to improve its average evaluation score to exceed the level of the minimum evaluation score. If the Beneficiary or the Payer does not improve its average rating score to exceed the minimum rating score threshold at the end of the trial period, the Provider reserves the right to permanently suspend the Beneficiary’s or the Payer’s access to the Mobile App Customers and Services.
The Beneficiary or Payer acknowledges and agrees that repeated cancellation of the requested Visits may result in temporary or permanent suspension of the Services, and the Provider reserves the right to decide the period (number of weeks) and type (temporary or permanent) of suspension.
The Beneficiary or the Payer declares that he/she is aware of and agrees that the Provider only acts as a moderator (with no obligation to check) and not as an editor of the comments and rating notes. The Provider has the right to delete or edit comments if such comments contain obscene language or any other inappropriate content, including but not limited to names of persons, personal data, content that violates privacy rules of any kind, etc.