TERMS AND CONDITIONS

The Guardian Care Hub

This service agreement sets out the terms on which The Guardian Care Hub provides a remote wellbeing monitoring and independent living support service. Care technology equipment is installed solely to enable and facilitate the delivery of that service. The Equipment has no standalone purpose outside the provision of the Guardian Care Hub Service and remains the property of the Company at all times.

PARTIES

This service agreement is made on: ______________________

Between:

(1) My Life My Care Limited trading as Guardian Care Hub.

36 Upper Brook Street, London W1K 7QJ
Email: info@theguardiancarehub.com
Company Number: 16505895

(referred to as “the Company”, “we”, “us”, or “our”)

AND

(2) Client Name: ____________________________

Address: ____________________________

(referred to as “you”, “your”, or “the Client”)

OUR ROLE & SERVICES

The Guardian Care Hub provides a remote wellbeing monitoring and independent living support service, designed to promote safety, reassurance and wellbeing for people living in their own homes.

To deliver this service, we install and maintain care technology equipment, sensors and associated monitoring systems within the Service User’s home. This equipment is provided solely to facilitate the delivery of our service and remains the property of The Guardian Care Hub unless otherwise agreed in writing.

Our service includes the installation, configuration, maintenance and ongoing support of the monitoring system, together with access to our wellbeing monitoring platform and customer support where applicable.

The Guardian Care Hub service is intended to complement, not replace, the support provided by family members, carers, healthcare professionals or emergency services. It is not a substitute for medical treatment, clinical assessment, emergency response, supervision or human intervention. Clients and Service Users should continue to maintain appropriate care arrangements and seek immediate assistance from the emergency services where required.

1. DEFINITIONS

1.1 “Client” means the individual or organisation entering into this service agreement with the Company for the provision of the Guardian Care Hub Service. The Client may also be the Service User.

1.2 “Company” means My Life My Care Limited, trading as The Guardian Care Hub.

1.3 “Equipment” means any sensors, monitoring devices, hubs, hardware, accessories or associated technology installed or supplied by the Company solely to facilitate the delivery of the Guardian Care Hub Service. All Equipment remains the property of the Company unless otherwise agreed in writing.

1.4 “Guardian Care Hub Service” or “Service” means the remote wellbeing monitoring, independent living support, installation, maintenance, technical support and associated services provided by the Company. The Service is delivered through the use of care technology equipment, software platforms and monitoring systems installed at the Service User’s property.

1.5 “Monthly Service Charges” means the monthly fee payable by the Client to the Company for the Guardian Care Hub Service, as set out in the pre-contract information document and updated from time to time in accordance with this agreement.

1.6 “Primary Contact” means the individual nominated by the Client to act as the main point of contact for communications relating to the Service, including appointments, billing, service updates, equipment collection, termination and notifications in the event of the Service User’s death, permanent admission to residential care or other significant change in circumstances.

1.7 “Service User” means the individual who receives the benefit of the Guardian Care Hub Service. Where the Service User is different from the Client, the Client remains responsible for complying with the terms of this service agreement unless otherwise agreed in writing.

1.8 Third-Party Suppliers
The Company may engage approved third-party suppliers, contractors and technology partners to assist in the provision, installation, maintenance and operation of the Guardian Care Hub Service. The Company remains responsible for the overall delivery of the Service in accordance with these Terms and Conditions.

2. BASIS OF SERVICE AGREEMENT

2.1 These Terms and Conditions govern the provision and use of the Guardian Care Hub Service. The Equipment is provided solely to enable the delivery of the Service. This contract does not constitute a hire agreement, nor does it constitute a sale or transfer of ownership of the Equipment to the Client or Service User.

2.2 By entering into this service agreement, the Client confirms that they:

• are at least 18 years of age;
• have the legal capacity to enter into this Agreement; or
• where acting on behalf of the Service User, hold the necessary legal authority, including a Lasting Power of Attorney, Deputyship or other recognised authority, to do so;
• have read, understood and agree to be bound by these Terms and Conditions;
• confirm that all information provided to the Company is accurate and complete to the best of their knowledge; and
• agree to notify the Company promptly of any changes that may affect the provision of the Service, including changes to the Service User’s health, address, authorised representatives or Primary Contact.

3. SERVICE DELIVERY, EQUIPMENT & OWNERSHIP

3.1 The Guardian Care Hub provides a remote wellbeing monitoring and independent living support service (“the Service”). To enable the delivery of the Service, the Company installs and maintains care technology equipment, sensors, monitoring devices, hubs, software and associated technology (“Equipment”) at the Service User’s property.

3.2 All Equipment, software, monitoring platforms, firmware, intellectual property and associated technology supplied or used in connection with the Service remain the sole property of the Company or its licensors at all times. Nothing in this service agreement transfers ownership of the Equipment, software or any intellectual property rights to the Client, Service User or any third party.

3.3 The Equipment is provided solely for the purpose of facilitating the delivery of the Guardian Care Hub Service and must only be used in accordance with these Terms and Conditions. The Client and Service User acknowledge that the Service cannot be delivered without the Equipment being installed, maintained and operating correctly.

3.4 The Client, Service User and any person acting on their behalf must not, without the Company’s prior written consent:

• sell, lend or dispose of the Equipment;
• remove, disconnect or relocate any Equipment;
• modify, repair or alter the Equipment;
• tamper with or interfere with the operation of the Equipment;
• attempt to access, copy, reverse engineer or modify any software, firmware or technology supplied as part of the Service; or
• permit any third party to install, repair, relocate or interfere with the Equipment.

3.5 Any unauthorised removal, relocation, disconnection, alteration or interference with the Equipment may prevent the Company from providing the Service, interrupt monitoring functionality and affect the accuracy or reliability of alerts. The Company shall not be liable for any interruption to the Service resulting from any act or omission of the Client or Service User.

3.6 Where Equipment has been disconnected, relocated, tampered with, damaged or otherwise interfered with without the Company’s authorisation, the Company reserves the right to charge the Client for any reasonable costs incurred to restore the Service, including engineer call-out charges, reinstallation, recommissioning, repair or replacement of Equipment and any associated administrative costs in accordance with the Company’s current Schedule of Fees.

3.7 The Client must notify the Company promptly if any Equipment is lost, stolen, damaged, fails to operate correctly or is accidentally disconnected. The Company will arrange any necessary inspection, repair or replacement to restore the Service (at the Client’s cost).

3.8 Upon termination of this Agreement, or where the Service ends for any reason, including the death of the Service User, permanent admission to residential or nursing care, or permanent relocation, the Client, Primary Contact, (or duly authorised person to act on behalf of the Client’s estate) must notify the Company as soon as reasonably practicable so that arrangements can be made for the de-installation and collection of the Equipment.

3.9 Monthly Service Charges shall remain payable up to and including the date of the Service User’s death or the agreed termination date, whichever is applicable. No further recurring Service Charges will be payable following the date of death, provided the Company has been notified promptly and reasonable access is given to recover the Equipment.

3.10 The Company reserves the right to enter the Service User’s home and to recover any Equipment that remains its property. The Company may also recover the reasonable costs of replacement or repair where Equipment is not returned, has been intentionally damaged, or cannot be recovered due to the actions or omissions of the Client, Service User or their representatives.

4. SERVICE STANDARDS, MAINTENANCE & FAULTS

4.1 The Company will use reasonable skill and care in providing the Guardian Care Hub Service and will take reasonable steps to ensure that all Equipment used to deliver the Service is suitable, properly installed, maintained and fit for its intended purpose.

4.2 If the Client or Service User believes there is a fault affecting the Service or any Equipment used to deliver the Service, they must notify the Company as soon as reasonably practicable. The Company will investigate the reported fault and take appropriate steps to restore, repair or replace the Equipment where necessary to restore the Service.

4.3 The Client is responsible for taking reasonable care of all Equipment installed to facilitate the Service. Where Equipment is lost, stolen, damaged, neglected, misused or subject to unauthorised repair, relocation or tampering by the Client, Service User or any third party, the Client shall be responsible for the reasonable costs of any inspection, engineer attendance, repair, replacement, reinstallation or recommissioning required to restore the Service.

4.4 Where a fault is confirmed to be the result of a manufacturing defect, normal wear and tear, or another issue for which the Company or its approved suppliers are responsible, the Company will repair or replace the affected Equipment and restore the Service at no additional cost to the Client.

4.5 The Company may charge for engineer attendance, replacement Equipment, or any associated costs where a fault or service interruption is caused by accidental damage, misuse, neglect, unauthorised interference, or circumstances beyond the Company’s reasonable control. Any applicable charges will be outlined in the Company’s current Schedule of Fees. Your monthly charge, based on the package selected, will be confirmed in your Key Pre-Contract Information.

4.6 While the Company will use reasonable endeavours to maintain the continuity of the Service, uninterrupted availability cannot be guaranteed. Temporary interruptions may occur as a result of maintenance, software updates, equipment replacement, network outages or circumstances beyond the Company’s reasonable control.

5. THIRD-PARTY SERVICE PROVIDERS

5.1 To deliver the Guardian Care Hub Service, the Company may engage carefully selected third-party suppliers, contractors and technology partners. These may include providers of:

• secure cloud hosting services;
• remote monitoring platforms;
• software and system infrastructure;
• care technology equipment and manufacturers;
• installation, maintenance and engineering services;
• telecommunications and connectivity services;
• secure cloud backup and disaster recovery services; and
• other specialist service providers necessary to support the operation of the Service.

Current approved providers may include, but are not limited to:

• Microsoft Azure (UK cloud hosting infrastructure);
• Whzan Digital Health Limited (remote monitoring platform);
• approved installation and engineering contractors; and
• telecommunications and connectivity providers.

5.2 The Guardian Care Hub Service relies on technology, communications networks and third-party infrastructure that are outside the Company’s direct control. The availability and performance of the Service may therefore be affected by events impacting those systems.

5.3 The Company will take reasonable steps to manage and monitor its third-party providers but shall not be liable for delays, interruptions or temporary failures in the Service arising from third-party software, telecommunications networks, internet connectivity, cloud infrastructure, utility failures or other circumstances beyond the Company’s reasonable control.

5.4 Where third-party providers process personal information on behalf of the Company, they shall do so under appropriate contractual arrangements and in accordance with applicable UK data protection legislation. The Company remains responsible for the overall management of the Guardian Care Hub Service and its contractual obligations to the Client.

5.5 Approved Sub-processors

The Company may engage approved third-party processors for the provision of secure hosting, data storage, software infrastructure and backup services.

Current approved processors include:

• Microsoft Azure (United Kingdom hosting)
• Whzan Digital Health Limited (remote monitoring platform)

These providers are contractually required to comply with UK GDPR and appropriate information security standards.

6. LIMITATION OF LIABILITY

6.1 The Company will provide the Guardian Care Hub Service with reasonable skill and care. However, subject to clause 6.5, the Company shall not be liable for any loss, delay, interruption or failure in the provision of the Service arising from:

• internet, broadband or telecommunications failures at the Service User’s home;
• mobile network outages or poor signal strength at the Service User’s home;
• power outages or electrical failures at the Service User’s home;
• failures or interruptions affecting third-party software, cloud platforms or technology providers;
• the Client’s failure to maintain a suitable internet connection, power supply or other environmental requirements necessary for the operation of the Service;
• unauthorised removal, relocation, disconnection, misuse, alteration or tampering with the Equipment;
• installation, repair or modification of the Equipment by any person other than the Company or its authorised representatives;
• inaccurate, incomplete or outdated information provided by the Client or Service User;
• delays in reporting faults, service interruptions or changes in circumstances affecting the Service; or
• any event or circumstance beyond the Company’s reasonable control.

6.2 The Guardian Care Hub Service is designed to support wellbeing, promote independent living and provide monitoring information to assist the Service User and their support network. The Service is not an emergency response service, medical device, clinical monitoring service or life-saving system, and must not be relied upon as a substitute for emergency services, medical treatment, professional healthcare, supervision or human intervention.

6.3 The Client and Service User acknowledge that responsibility for responding to alerts, seeking medical advice and contacting the emergency services remains with the Client, Service User, their family, carers, nominated contacts or healthcare professionals, as appropriate. In an emergency, 999 or the appropriate emergency services should always be contacted without delay.

6.4 Whilst the Company will use reasonable endeavours to maintain the continuity of the Service, uninterrupted availability cannot be guaranteed. The Company does not warrant that every event, change in wellbeing, fall or emergency will be detected or that alerts will always be generated, received or acted upon without delay.

6.5 Nothing in this Agreement excludes or limits the Company’s liability for:

• death or personal injury caused by its negligence;
• fraud or fraudulent misrepresentation;
• breach of statutory rights that cannot lawfully be excluded or limited; or
• any other liability which cannot be excluded or limited under the laws of England and Wales.

6.6 Subject to Clause 6.5, the Company’s total aggregate liability arising out of or in connection with the Guardian Care Hub Service shall not exceed £2,500, or the limit of indemnity provided by the Company’s applicable insurance policies, whichever is the lower.

6.7 The Guardian Care Hub Service and Equipment are provided for the private and domestic use of the Client and/or Service User.

The Service may be purchased, arranged or paid for by a family member, personal assistant, attorney or other representative on behalf of the Client or Service User. This does not constitute business or commercial use.

The Service must not be used for trade, business or commercial purposes. Where it is used commercially, the Company’s liability shall, to the extent permitted by law, be limited to the amount paid for the Service, and the Company shall not be liable for loss of profit, revenue, business, opportunity or any indirect or consequential loss.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

7. CLIENT RESPONSIBILITIES

7.1 To enable the Company to provide the Guardian Care Hub Service effectively, the Client agrees to:

• use the Service in accordance with these Terms and Conditions;
• ensure that any Equipment installed to facilitate the Service is used only in accordance with the Company’s instructions;
• not disconnect, relocate, interfere with or tamper with any Equipment without the Company’s prior written consent;
• provide accurate, complete and up-to-date information required for the provision of the Service;
• notify the Company promptly of any faults, interruptions, damage, changes in circumstances or concerns that may affect the delivery of the Service;
• maintain a suitable power supply, internet connection, WIFI, and, where applicable, mobile signal required for the operation of the Service;
• ensure the Company and its authorised representatives have safe and reasonable access to the property when installation, maintenance, servicing, inspection or collection of Equipment is required;
• keep account credentials, passwords and access details secure where applicable;
• obtain the consent of any emergency contacts, representatives or other individuals whose personal information is provided to the Company; and
• notify the Company promptly of any changes to the Service User’s authorised representative, Primary Contact, address or contact details that may affect the provision of the Service.

8. ACCEPTABLE USE OF THE SERVICE

8.1 To enable the Company to provide the Guardian Care Hub Service safely, securely and effectively, the Client, Service User and any person acting on their behalf must not:

• use the Service or any Equipment in a manner that is unlawful, fraudulent or inconsistent with these Terms and Conditions;
• deliberately interfere with, disable or compromise the operation of the Service or any Equipment used to facilitate its delivery;
• disconnect, relocate, obstruct, alter, tamper with or otherwise interfere with any Equipment without the Company’s prior written consent;
• attempt to gain unauthorised access to the Company’s monitoring platform, software, systems, accounts or networks;
• interfere with the security, integrity or availability of the Service or any supporting systems;
• permit any unauthorised person to install, repair, modify or service any Equipment provided as part of the Service; or
• copy, reproduce, modify, distribute, reverse engineer or otherwise exploit any software, firmware or technology supplied by the Company except where expressly permitted by law or with the Company’s prior written consent.

8.2 The Company may suspend or restrict the Service where it reasonably believes that the Equipment or Service has been misused, tampered with or used in a manner that compromises its safe or effective operation. The Company will, where reasonably practicable, notify the Client before taking such action and waive the Monthly Service Charge whilst the Service is suspended.

8.3 Service Interruptions Caused by the Client

The Company shall not be responsible for any interruption, reduction or loss of the Guardian Care Hub Service where this results from actions or omissions of the Client, Service User or any third party acting on their behalf, including but not limited to:

• Equipment being unplugged, switched off or disconnected;
• internet, Wi-Fi or power supplies being deliberately disconnected or not maintained;
• Equipment being relocated without the Company’s approval;
• sensors or monitoring devices being covered, obstructed or repositioned;
• Equipment being damaged, altered or tampered with;
• unauthorised repairs or modifications;
• failure to report faults, damage or changes that may affect the operation of the Service; or
• failure to provide reasonable access for maintenance, inspection or repair.

Where attendance is required to restore the Service as a result of any of the above, the Company reserves the right to charge the applicable engineer attendance, reinstallation or replacement fees in accordance with the current Schedule of Fees.

9. SOFTWARE, TECHNOLOGY & INTELLECTUAL PROPERTY

9.1 The Guardian Care Hub Service is supported by proprietary software, monitoring platforms, applications, firmware, systems and other technology owned by the Company or its licensors. All intellectual property rights relating to the Service, including any associated documentation, branding, software and technology, remain vested in the Company or its licensors at all times.

9.2 Use of the software and technology used to deliver the Service is permitted solely for the purpose of receiving the Guardian Care Hub Service. No ownership, licence or other intellectual property rights are transferred to the Client or Service User except as expressly set out in this Agreement.

9.3 The Client, Service User and any person acting on their behalf must not copy, reproduce, adapt, modify, decompile, reverse engineer, redistribute, commercially exploit or create derivative works from any software, firmware, monitoring platform or technology provided as part of the Service, except where such rights cannot lawfully be excluded.

9.4 The Company may, from time to time, update, modify, enhance, replace or suspend software, monitoring platforms or other technology used to deliver the Service where reasonably necessary to maintain security, improve functionality, comply with legal or regulatory requirements, address technical issues or enhance the quality of the Service. Where practicable, the Company will provide reasonable notice of any planned changes that may materially affect the Client’s use of the Service.

10. CHARGES & PAYMENT

10.1 All outstanding amounts must be paid within 14 days of invoice or termination unless otherwise agreed.

10.2 Charges may be incurred for missed installation or appointment dates.

10.3 Late cancellation fees may apply.

10.4 Removal, collection, replacement, engineer attendance, or reinstallation charges may apply where applicable.

Please see Schedule 1 for all information on our fees.

11. TERM & TERMINATION

11.1 The Client has 14 days to change their mind and cancel immediately, starting on the date of this contract and at the beginning of each renewal period. However, the Client loses the right to cancel any part of the Service when it has been completed (for example the cost of installation) and must still pay for the Services provided up to the time of cancellation, calculated pro rata.

11.2 After the first 14 days, this contract continues for 12 months (starting on the date of this agreement) and automatically renews each year based on rolling, 12-month periods.

11.3 To avoid automatic renewal, the Client must notify the Company in writing that they wish to cancel by emailing info@theguardiancarehub.com at least 1 whole calendar month before the next renewal date. The Company will provide the Client with a reminder of the upcoming renewal and the applicable renewal charges in reasonable time before the renewal date.

11.4 The Company can terminate this contract and claim any compensation due to it (including enforcement costs) if:

• the Client fails to make any payment to the Company when it’s due and doesn’t make payment within 14 days of the Company’s written reminder that payment is due;
• the Client doesn’t, within a reasonable time of the Company asking for it, provide the Company with information, cooperation or access that is needed to install the Equipment or provide the Service;
• the Client is in material breach.

11.5 Upon termination:

• access to Services may cease immediately;
• outstanding charges become payable;
• the Company will arrange collection of the Equipment promptly (at the Client’s own expense) and the Client must provide access to the home to facilitate this.

11.6 Unless this contract is terminated for the Company’s material and irremediable breach the Client must continue to pay all sums due during the remainder of the 12-month period.

11.7 No sums will be refunded to the Client unless:

the contract is terminated for the Company’s material and irremediable breach.

the Client is cancelling within the first 14 days and wishes to claim sums for the Service which have not yet been provided at the point of termination;

12. SERVICE LIMITATIONS

12.1 Services may be affected by:

• internet failures;
• mobile signal limitations;
• power outages;
• software maintenance;
• third-party platform availability;
• extreme weather;
• strikes;
• supply chain disruption;
• events outside our reasonable control.

12.2 The Company does not guarantee uninterrupted or error-free operation of Equipment or Services.

12.3 Monitoring or alert functionality may be delayed or affected by external factors outside the Company’s control.

12.4 The monitoring service is intended as an aid to wellbeing and falls prevention. It does not guarantee that every fall, incident or change in activity will be detected.

12.5 False positive or false negative alerts may occur due to environmental factors, equipment positioning or other circumstances outside the Company’s reasonable control.

13. FORCE MAJEURE

13.1 The Company shall not be liable for any failure, delay, suspension or interruption in the provision of the Guardian Care Hub Service where this results from circumstances beyond the Company’s reasonable control. Such circumstances include, but are not limited to, natural disasters, severe weather, fire, flood, pandemics, industrial action, utility failures, telecommunications outages, internet disruption, cyber incidents, supplier failures, government action or any other event outside the Company’s reasonable control.

14. DATA PROTECTION & CONFIDENTIALITY

14.1 The Company will collect, use, store, process and, where necessary, share personal information solely for the purpose of providing and managing the Guardian Care Hub Service and in accordance with:

• the UK General Data Protection Regulation (UK GDPR);
• the Data Protection Act 2018;
• applicable safeguarding legislation; and
• all other relevant data protection legislation.

14.2 The Company acts as the Data Controller for all personal information collected in connection with the Guardian Care Hub Service.

14.3 The Company may engage approved third-party providers to support the delivery of the Service, including secure hosting providers, monitoring platform providers, telecommunications providers and installation or engineering contractors. Where these providers process personal information on the Company’s behalf, they do so only under appropriate contractual arrangements and in accordance with Article 28 of the UK GDPR.

14.4 Personal information processed in connection with the Service may include:

• identification and contact details;
• emergency contact, Primary Contact and authorised representative details;
• health and wellbeing information necessary to deliver the Service;
• installation, maintenance and service records;
• monitoring events, activity data and wellbeing alerts generated by the Equipment;
• account management and billing information; and
• audit and system access records.

14.5 Personal information is processed only where necessary to:

• provide and manage the Guardian Care Hub Service;
• support independent living and wellbeing;
• generate monitoring alerts;
• maintain system security and service continuity;
• provide customer support;
• fulfil safeguarding responsibilities; and
• comply with legal and regulatory obligations.

14.6 Unless expressly stated for a specific service or product, the Guardian Care Hub Service does not record or retain audio or video recordings within the Service User’s home.

14.7 The Client confirms that they have the lawful authority or consent to provide the personal information of any Service User (if not the Client), Primary Contact, or other individual whose details are supplied to the Company.

14.8 Confidential information will only be disclosed where:

• required by law;
• necessary for safeguarding or the protection of an individual;
• necessary for the provision or administration of the Guardian Care Hub Service; or
• authorised by the Client or another person with lawful authority.

14.9 Monitoring data relating to the Guardian Care Hub Service is hosted within the United Kingdom using secure cloud infrastructure and protected through appropriate technical and organisational security measures, including encryption, access controls, multi-factor authentication, disaster recovery arrangements and regular security testing.

15. SAFEGUARDING

15.1 The Company is committed to safeguarding and promoting the welfare of vulnerable adults and Service Users receiving the Guardian Care Hub Service.

15.2 Where requested by the Client or Service User, or reasonably necessary to protect the health, safety or wellbeing of a Service User, the Company may share relevant information with healthcare professionals, safeguarding authorities, emergency services, social care providers or authorised third-parties, in accordance with applicable legislation.

15.3 The Client, Service User and Primary Contact should notify the Company promptly of any safeguarding concerns, suspected abuse, neglect or circumstances that may affect the safe delivery of the Service.

16. REPRESENTATIVES, ATTORNEYS & MENTAL CAPACITY

16.1 Where this Agreement is entered into by a person acting on behalf of a Service User, they confirm that they have the legal authority to do so.

16.2 The Company may request evidence of:

• a Lasting Power of Attorney;
• Deputyship Order;
• Court Order; or
• any other recognised legal authority.

16.3 The Company reserves the right to decline or suspend the provision of the Service where appropriate legal authority cannot be demonstrated.

16.4 Where questions arise regarding a Service User’s mental capacity, the Company will act in accordance with the Mental Capacity Act 2005 and applicable safeguarding legislation.

17. SERVICE INSTALLATION & SAFE OPERATION

17.1 The Company will install, configure, test and explain the care technology required to deliver the Guardian Care Hub Service.

17.2 The Client agrees to:

• provide safe and reasonable access to the property for installation, maintenance, servicing, inspections and removal of Equipment;
• maintain suitable power, internet connectivity and any other environmental requirements necessary for the operation of the Service;
• notify the Company promptly of any faults, damage or concerns affecting the Service; and

17.3 The Company may (acting reasonably) postpone, refuse or suspend installation or maintenance where the property presents an unacceptable health, safety or safeguarding risk to its employees or contractors.

18. EMERGENCY CONTACTS & SERVICE ALERTS

18.1 The Client shall nominate one or more emergency contacts or alert recipients to support the delivery of the Guardian Care Hub Service.

18.2 The Guardian Care Hub Service is designed to support wellbeing, promote independent living and generate monitoring alerts where predefined criteria are met. It is not an emergency response or life-saving service and must not be relied upon as the sole means of protecting any individual.

18.3 The Company does not guarantee that every incident, fall, emergency or change in wellbeing will generate an alert or be detected by the Service.

18.4 The Client and Service User remain responsible for ensuring appropriate care arrangements, supervision and emergency procedures are maintained at all times.

18.5 Monitoring alerts are generated using predefined system rules and sensor thresholds and are intended to support informed decision-making. They do not constitute a medical diagnosis, clinical opinion or emergency assessment and should always be considered alongside appropriate human judgement.

18.6 Emergency contacts may receive communications relating to the Service, including wellbeing concerns, monitoring alerts, service interruptions, maintenance activities or other matters necessary for the safe operation of the Service.

19. COMPLAINTS

19.1 The Company is committed to delivering a high-quality service. If you are dissatisfied with any aspect of the Guardian Care Hub Service, please contact on info@theguardiancarehub.com

19.2 All complaints will be investigated fairly, impartially and within a reasonable timeframe in accordance with the Company’s Complaints Procedure.

20. THIRD-PARTY RIGHTS

20.1 Approved third-party providers engaged in supporting the Guardian Care Hub Service may process personal information or provide technology and infrastructure under separate contractual arrangements.

20.2 Except where expressly stated in this Agreement, no third party shall have any right to enforce any provision of this Agreement under the Contracts (Rights of Third Parties) Act 1999.

21. CHARGES, VAT & PAYMENT

21.1 All prices provided to consumers for the Guardian Care Hub Service, including installation, engineer attendance and any additional service charges, will be inclusive of VAT where VAT is applicable. The price displayed or provided to the Client will therefore be the total amount payable, including VAT.

21.2 The Client is responsible for ensuring that any claim for VAT relief or exemption is accurate and supported by the relevant eligibility criteria. The Client agrees to indemnify the Company against any liability arising from incorrect or misleading declarations.

22. END OF SERVICE

22.1 Where the Guardian Care Hub Service ends for any reason, including termination of this Agreement, the Equipment must be made available for collection or de-installation.

22.2 The Client, Primary Contact or authorised representative of the Service User’s estate must notify the Company promptly (and no later than within 48 hours) where the Service User:

• dies;
• is permanently admitted to residential or nursing care;
• permanently relocates; or
• no longer requires the Service.

22.3 In the event of the Service User’s death:

• the Service will end on the date of death or the date the Company is notified, whichever is later;
• Service Charges will apply up to and including the date of death only;
• no further recurring Service Charges will be payable following the date of death;
• the Company will liaise with the nominated Primary Contact or authorised representative of the Service User’s estate to arrange the de-installation and collection of the Equipment; and
• the Equipment must not be disposed of, sold or transferred by the family or the estate, as ownership remains with the Company;
• all outstanding fees and charges remain payable and must be settled promptly by the Service User’s estate.

23. GENERAL

23.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

23.2 The Company may amend these Terms and Conditions where reasonably necessary to reflect changes in legislation, regulatory requirements, technology, operational practices or the Guardian Care Hub Service. Where any change is likely to have a material impact on the Client, reasonable notice will be provided.

23.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

27. DECLARATION

☐ I request services to begin within the 14-day cooling-off period.

☐ I request services to begin after the 14-day cooling-off period and understand that if I cancel within the first 14-days, I must pay for Services delivered prior to the cancellation.

Signed by Client: ________________________

Name: ________________________

Date: ________________________

Signed on behalf of The Guardian Care Hub:

Name: ________________________

Position: ________________________

Date: ________________________

SCHEDULE 1 – SERVICE CHARGES, PAYMENT & FEES

1. Guardian Care Hub Service Charges

1.1 The Client shall pay the Monthly Service Charge applicable to the Guardian Care Hub Service Package selected at the commencement of this Agreement and confirmed in the Pre-contract information document.

1.2 The Monthly Service Charge covers the ongoing provision of the Guardian Care Hub Service, including access to the monitoring platform, routine remote monitoring (where applicable), customer support, maintenance of the Service and the use of the care technology equipment required to facilitate the Service.

1.3 The Monthly Service Charge shall commence on the agreed Service Commencement Date, as agreed between the Company and the Client. This date will be confirmed following the successful installation, commissioning and activation of the Guardian Care Hub Service.

1.4 Unless otherwise agreed in writing, this Agreement is for an initial minimum term of twelve (12) months and will automatically continue thereafter unless terminated in accordance with these Terms and Conditions.

1.5 The Company will contact the Client no less than four (4) weeks before the end of the initial term to review the Service and discuss renewal arrangements.

2. Payment

2.1 Monthly Service Charges shall be collected by Direct Debit unless otherwise agreed in writing.

2.2 Payment is due in advance, on the agreed collection date each calendar month.

2.3 The Client remains responsible for all Service Charges until the Agreement is terminated in accordance with these Terms and Conditions.

3. Failed Payments

3.1 Where a Direct Debit or other agreed payment fails, the Company may attempt to collect the payment again.

3.2 The Company reserves the right to charge reasonable administration fees or bank charges incurred as a result of failed payments. The Client may request details of any applicable fees or charges by contacting info@theguardiancarehub.com, and the Company will provide the charges relevant to the Client’s Service or circumstances.

3.3 Persistent non-payment may result in suspension or termination of the Guardian Care Hub Service following reasonable notice.

4. Installation, Engineer Attendance & Additional Services

4.1 A one-off installation charge of £150 will apply for the initial installation, configuration, testing and commissioning of the Guardian Care Hub Service.

4.2 Additional charges shall apply for:

• engineer attendance requested by the Client;
• relocation of Equipment following installation;
• reinstallation following unauthorised removal or tampering;
• additional Equipment requested after installation;
• properties requiring additional travel or located in rural areas; or
• additional services requested outside the standard Service Package.
• cancels or requests collection of the Equipment without providing the required notice;
• fails to make a payment when due;
• has a Direct Debit or other payment returned or rejected;
• requires additional payment reminders or administration due to overdue payments;
• fails to make the Equipment available for an agreed collection date; or
• causes additional costs through the loss, damage or non-return of Equipment.

The Client may request details of any applicable fees or charges at any time by contacting the Company at info@theguardiancarehub.com. The Company will provide the relevant charges applicable to the Client’s Service or circumstances.

5. Annual Review of Service Charges

5.1 The Company reviews its Service Charges periodically to reflect changes in inflation, operating costs, technology, supplier costs, improvements to the Guardian Care Hub Service or changes in legal or regulatory requirements.

5.2 The Company will provide the Client with not less than thirty (30) days’ written notice before any revised Service Charges take effect.

5.3 If the Client does not accept the revised Service Charges, they may terminate this Agreement before the revised charges become effective in accordance with these Terms and Conditions.

6. Engineer Attendance, Reinstallation & Replacement Charges

Additional charges may apply where engineer attendance is required as a result of circumstances outside the Company’s control, including:

• Equipment being unplugged, disconnected or switched off;
• sensors being removed, obstructed or relocated;
• Equipment being moved without the Company’s approval;
• accidental or deliberate damage to Equipment;
• unauthorised interference or tampering;
• missed appointments where access is not provided;
• additional visits requested by the Client; or
• any attendance required to restore the Guardian Care Hub Service following actions or omissions of the Client or Service User.

Any applicable charges will be set out within the Company’s current Schedule of Fees.

SCHEDULE 2 – DATA PROCESSING & INFORMATION SECURITY

1. Purpose

This Schedule forms part of the Guardian Care Hub Service Agreement and explains how personal information is collected, processed, stored, protected and shared where necessary for the provision, administration and ongoing management of the Guardian Care Hub Service.

The Company is committed to maintaining the confidentiality, integrity and availability of personal information in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and recognised information security standards.

2. Data Controller & Processing Arrangements

The Guardian Care Hub acts as the Data Controller for all personal information processed in connection with the Guardian Care Hub Service.

Where third-party technology providers support the delivery of the Service, including remote monitoring platforms and secure cloud hosting providers, they act only as Data Processors or sub-processors under written agreements that comply with Article 28 of the UK GDPR.

These providers may process personal information only on documented instructions from The Guardian Care Hub and must implement appropriate technical and organisational measures to protect that information.

3. Personal Information Processed

The Company will collect and process only the personal information reasonably necessary to provide, manage and improve the Guardian Care Hub Service.

This may include:

• identification and contact information;
• Service User information;
• emergency contact and Primary Contact details;
• authorised Representative or Attorney details;
• health and wellbeing information relevant to the Service;
• installation and maintenance records;
• monitoring activity, wellbeing events and alert history;
• billing and account information; and
• audit logs relating to access to the Service.

4. Purpose of Processing

Personal information is processed solely for purposes connected with providing and managing the Guardian Care Hub Service, including:

• delivering remote wellbeing monitoring;
• supporting independent living;
• generating monitoring alerts;
• maintaining service continuity;
• responding to safeguarding concerns;
• communicating with authorised contacts;
• maintaining customer records;
• providing customer support;
• complying with legal obligations; and
• protecting the safety and wellbeing of Service Users.

Personal information will not be used for direct marketing without the appropriate lawful basis or consent.

5. Monitoring Technology

The Guardian Care Hub Service uses approved monitoring technology and sensors to support the delivery of remote wellbeing monitoring.

The monitoring platform:

• records predefined monitoring events;
• generates alerts using configured rules and thresholds;
• supports informed human decision-making;
• does not provide medical diagnoses; and
• does not replace clinical judgement, emergency services or appropriate care arrangements.

6. Information Security

The Company and its approved technology providers maintain appropriate technical and organisational measures to protect personal information and ensure the resilience of the Guardian Care Hub Service.

These measures include encryption, role-based access controls, multi-factor authentication, secure cloud hosting, vulnerability management, disaster recovery, business continuity planning and regular security testing.

7. Data Hosting

Monitoring information relating to the Guardian Care Hub Service is hosted within secure United Kingdom data centres. Personal information is not routinely transferred outside the United Kingdom unless appropriate legal safeguards are in place.

8. Retention of Personal Information

Personal information will be retained only for as long as necessary to provide the Guardian Care Hub Service, comply with legal or regulatory obligations and protect the Company’s legitimate business interests.

At the end of the applicable retention period, personal information will be securely deleted or anonymised where appropriate.

9. Individual Rights

Individuals may exercise their rights under the UK GDPR, including the right to request access, rectification, restriction of processing, erasure (where applicable) and data portability.

The Company will respond to such requests in accordance with applicable legislation.

10. Review

This Schedule may be updated periodically to reflect changes in legislation, information security practices, technology providers or the Guardian Care Hub Service. The most recent version shall form part of these Terms and Conditions.

The Guardian Care Hub – Business Terms