Terms of Service

SATISFACTION MANAGEMENT

Terms of Service

We at Home Care Pulse, LLC care about quality as much as you do, and feel privileged to be able to provide this service and help you improve your home care business and the quality of care you provide.

Last Updated: December 5, 2018

1. Services Provided

CUSTOMER hereby agrees to engage HOME CARE PULSE, LLC, and HOME CARE PULSE, LLC hereby accepts such engagement, to provide CUSTOMER with such services (the “Services”) as are mutually agreed by the parties as set forth in the “Service Plan,” and such Services may consist of at least one or more of the following: client/family satisfaction phone interviews, caregiver satisfaction phone interviews, satisfaction reporting, educational webinars, educational subscription memberships, reputation management information, performance bench-marking subscriptions and other related services. CUSTOMER authorizes Home Care Pulse, LLC to gather and transmit the names and information of consumers who are or who may be looking for service or potential services (the “Lead”) that CUSTOMER’S home care business offers and may offer. CUSTOMER also authorizes and agrees to compensate Home Care Pulse for the names and information provided. The compensation for each Lead will be based upon the established price at the time CUSTOMER executed this agreement. Home Care Pulse reserves the right to change the pricing of the Lead(s) it provides at any time with a minimum of 30 days written notice. The Best of Home Care Lead Generation portion of this agreement may be canceled at any time upon CUSTOMER’S written request to Home Care Pulse. CUSTOMER agrees to compensate Home Care Pulse in full for any Lead(s) generated and sent to CUSTOMER’S home care business prior to receipt of the written cancellation notice.

2. Service Expectations

CUSTOMER understands when subscribing to the Quality Satisfaction Management Program, HOME CARE PULSE, LLC will conduct satisfaction phone interviews with approximately 10% of their clients (active or who have received care within the last 90-days) and/or actively employed caregivers each month, unless otherwise specified in the services selection of this Agreement. CUSTOMER understands the number of satisfaction interviews performed each month may vary based upon the current number of clients and employed caregivers. CUSTOMER can increase the percentage of interviews completed each month by ensuring: 1) client and/or caregiver files are updated with the correct contact information for clients/responsible parties and for caregivers; 2) inform letters have been given to all new clients/ caregivers and have been sent to existing clients/caregivers during the past six months; 3) all corrections needed have been accurately resolved within the VANTAGE system and within CUSTOMER’s scheduling software.

3. Term & Termination

The initial term of this Agreement begins on the date the signed Agreement is received by HOME CARE PULSE, LLC and continues for the contract period specified herein. CUSTOMER will have 60 days from the date the signed Agreement is received by HOME CARE PULSE, LLC to cancel if unsatisfied with the Services provided. CUSTOMER will be expected to pay for all Services provided up to their cancellation. After the 60-day grace period is over, the full term of this Agreement is in force. The initial renewal date shall be the expiration date of the initial term. Each subsequent renewal date shall be the expiration date of the then current term. HOME CARE PULSE, LLC will contact CUSTOMER within 60 days prior to the initial or subsequent renewal date of the term to provide CUSTOMER with the opportunity to opt out of renewing the subscription for the same term expiring. If CUSTOMER fails to opt out within 45 days prior to the expiration of this Agreement, this Agreement will automatically renew, and each renewal date thereafter subject to the provision herein, for the same term as is expiring at the current contract rate for Services. CUSTOMER will be expected to pay for any services rendered. Except as expressly waived by HOME CARE PULSE, LLC, on termination of this Agreement for any reason other than for HOME CARE PULSE, LLC being in breach or being subject to an event listed herein, CUSTOMER shall pay HOME CARE PULSE, LLC any and all fees payable until the end of the then current term. If CUSTOMER doesn’t pay, HOME CARE PULSE, LLC may terminate this agreement for any reason if written notice is given 30 days prior to termination.

4. Compensation, Payments, & Late Payment Penalties

Satisfaction Management Services and Lead Generation are billed at the conclusion of each calendar month. VANTAGE membership fees are billed for the upcoming month of Services. Set-up fees for Satisfaction Management are billed at the time this Agreement is signed and received. Services charged are outlined in the “Services Selection.” Payment for services rendered is due upon receipt. If payments are 15 days late, late payment fees may apply, not to exceed 18% annual percentage rate of late outstanding balances. HOME CARE PULSE, LLC reserves the right to withhold access to Services or cancel the subscription, without waiver of any of HOME CARE PULSE, LLC’s rights herein, if CUSTOMER’s account is more than 30 days past due, provided HOME CARE PULSE, LLC gives CUSTOMER a 5-day written notice (which may be given by email). Any CUSTOMER account that is suspended for non-payment will require an advance payment equivalent to 3 months of subscription to reinstate the account.

5. Service Fee Increase

Though rare, periodically it may be necessary for HOME CARE PULSE, LLC to increase CUSTOMER’s fees for Services in order to keep up with inflation and other increased costs of doing business. When this becomes necessary, CUSTOMER will be given a 30-day written notice prior to any fee increase. This increase in fees will not take place during the term of this Agreement, but may occur at the time of renewal. HOME CARE PULSE, LLC will always strive to avoid fee increases whenever possible.

6. Confidentiality

HOME CARE PULSE, LLC and CUSTOMER agree they will not disclose, divulge, or reveal any information deemed confidential by the other party to any individual or business who is not a party to this Agreement. This obligation of confidentiality will survive the termination of this Agreement.

7. Protected Health Information

If HOME CARE PULSE, LLC receives protected health information (as defined by HIPAA) during the course of providing Services, it shall not use or disclose such protected health information other than as permitted by or required by law, and shall use appropriate safeguards to prevent use or disclosure of such protected health information. CUSTOMER may require HOME CARE PULSE, LLC to execute a standard Business Associates Agreement if HOME CARE PULSE, LLC receives protected health information during the course of providing Services.

8. Name, Logos, and Marketing Material Usage

Ownership of the HOME CARE PULSE, LLC’s, name, logos, and related marketing material/graphics belong to HOME CARE PULSE, LLC. These items may be used by CUSTOMER as marketing tools (i.e., email signatures, marketing collateral, websites, social media, Power Point presentations, print ads, etc.), as long as the HOME CARE PULSE, LLC’s name, logos and related marketing material are used in ways that would not damage the HOME CARE PULSE, LLC brand or its affiliated brands such as Home Care Pulse Certified and Best of Home CareTM. If Services are terminated by HOME CARE PULSE, LLC or the CUSTOMER, the CUSTOMER agrees to no longer continue use of these items in association with their business. It is HOME CARE PULSE, LLC’s sole discretion to determine if HOME CARE PULSE, LLC’s name, logos, and related marketing material are being used inappropriately, and may require the CUSTOMER to discontinue use if deemed necessary.

9. Purpose of Client and Employee Satisfaction

Client and employee feedback is one of the greatest gifts a home care provider can receive. A blend of both positive and negative feedback will help you understand what is going well as well as where you need to focus your efforts to improve.

a. Employee Satisfaction Understanding

HOME CARE PULSE, LLC has designed its interviews to capture both positive and negative feedback by allowing the employees interviewed to remain anonymous. It is vital to keep this feedback highly confidential. If employees were to realize CUSTOMER was aware of their identity, they may no longer give the gift of a complaint, in fear of repercussions. Even a “thank you” to an employee for positive feedback can have a negative effect for future interviews. The information obtained is not intended to be used for individual employee recognition or disciplinary action. Employee satisfaction is meant for the CUSTOMER and/or executives to take ground level employee feedback and use it for high level improvements. There is no better place to find out where or how you can improve than to listen to the people on the front lines.

b. Client Satisfaction Understanding

Unlike employee satisfaction interviews, the majority of client satisfaction interviews are NOT anonymous. Though HOME CARE PULSE, LLC gives clients/responsible parties the option to remain anonymous, the majority of the time they allow HOME CARE PULSE, LLC to use their names. The purpose of this is so CUSTOMER’s home care business can make specific improvements related directly to the client interviewed. CUSTOMER agrees not to call its clients/responsible parties, who have performed an interview, and ask them why they scored CUSTOMER so poorly or why they said something negative about CUSTOMER’s agency or employee. More often than not, this approach will reflect poorly on CUSTOMER and its agency, and sends the message to the client/responsible party that CUSTOMER is not focused on using their scores and feedback to improve the quality of care they are receiving. CUSTOMER may call them and thank them for their feedback and reassure that CUSTOMER will use it to help improve the overall quality of care for all their clients. This latter approach will go a long way with CUSTOMER’s clients/responsible parties and send the message that their satisfaction is a high priority.

10. Reputation Management Information Release

CUSTOMER hereby authorizes HOME CARE PULSE, LLC to share with all current and future reputation management partner companies with whom they have entered into legally binding agreement(s), CUSTOMER’s home care business client feedback, ratings, and any Best of Home Care awards CUSTOMER has earned or may earn in the future, for the purpose of promoting CUSTOMER’s home care business to prospective clients. The Home Care Pulse Quality Management Program is used to gather feedback from CUSTOMER’s clients and caregivers. This feedback may consist of both positive and negative ratings and reviews about CUSTOMER’s home care business. Errors do occur and in the event CUSTOMER feels an error has been made in the representation of ratings or reviews, CUSTOMER will contact HOME CARE PULSE, LLC directly to appeal the interview ratings and reviews. HOME CARE PULSE, LLC has the final decision to reject or not reject CUSTOMER’s request for interview review based upon HOME CARE PULSE, LLC’s established interview appeal guidelines. HOME CARE PULSE, LLC will automatically set the percentage of CUSTOMER’s client feedback and ratings that are sent to each reputation management company using a random distribution methodology. At any time, CUSTOMER can adjust the percentage of reviews being sent to each reputation management company or completely stop any reviews and feedback from being sent to reputation management companies through CUSTOMER’s Home Care Pulse online account. Unless explicitly stated herein, nothing in these terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. CUSTOMER represents, warrants, and agrees that no materials of any kind submitted to HOME CARE PULSE, LLC or otherwise posted, transmitted, or shared by them will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contain libelous, defamatory, or otherwise unlawful material. Further, HOME CARE PULSE, LLC is not responsible or liable in any manner for any user content or third party applications, software, or content posted on any website or in connection with its Service, whether posted or caused by users of the website, by any reputation management company, by third parties, or by any of the equipment or programming associated with or utilized in any website or Service. CUSTOMER understands and agrees HOME CARE PULSE, LLC does not control and is not responsible for what others post, transmit, or share on any website and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content CUSTOMER or any other person may encounter on any website.

11. Time is of the Essence

Time is of the essence for this Agreement, and it is expressly agreed between the parties hereto if default be made by any party pursuant to any of the obligations or covenants contained herein to be kept observed and performed by said parties, it shall be lawful for the party not in default and successors and assigns, at its election, to declare said term at an end. Subject to the provisions of this Agreement, the non-defaulting party shall have any and all remedies available to it by law. The prevailing party in any dispute regarding any provision of this Agreement or its enforcement shall be entitled to claim any damages, expenses or costs of enforcing this Agreement, including reasonable attorney’s fees, regardless of whether court action was necessary to provide such enforcement or not.

12. Waiver

Any waiver by the parties of any breach of any obligation or covenant herein contained to be kept and performed by the CUSTOMER shall not be deemed or considered as a continuing waiver, and shall not operate to bar or prevent HOME CARE PULSE, LLC from declaring a forfeiture for any succeeding breach, either of the same condition, covenant, or otherwise.

13. Indemnity and Limitation on Damages

CUSTOMER agrees to indemnify HOME CARE PULSE, LLC, its affiliates, and their respective officers, directors, employees, contractors, and agents against and from all third party officers, directors, and employees from any and all third party liability, losses, damages, obligations, judgments, claims, causes of action, and expenses associated therewith (including settlements, judgments, court costs and attorneys’ fees as and when incurred) to the extent resulting from or arising out of directly or indirectly any acts, errors, omissions, or gross negligence associated with CUSTOMER’s dealings with any third party. CUSTOMER warrants and agrees that in no event will HOME CARE PULSE, LLC or its directors, employees, or agents be liable to CUSTOMER or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from CUSTOMER’s use of any of HOME CARE PULSE, LLC’s Services, any platform applications, or any of the site content or other materials on, accessed through, or downloaded from, even if HOME CARE PULSE, LLC is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HOME CARE PULSE, LLC’s liability to CUSTOMER for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by CUSTOMER to HOME CARE PULSE, LLC for Services during the term of this Agreement, but in no case will HOME CARE PULSE, LLC’s liability exceed $1,000.00. CUSTOMER acknowledges if no fees are paid to HOME CARE PULSE, LLC for the Service, CUSTOMER shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from HOME CARE PULSE, LLC regardless of the cause of action. Certain state and provincial laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to CUSTOMER, some or all of the above disclaimers, exclusions or limitations may not apply to CUSTOMER, and CUSTOMER understands it may have additional rights.

14. Relationship of Parties

Nothing contained herein shall be deemed or construed to be the relationship of principal and agent, or a partnership, or of a joint venture, between HOME CARE PULSE, LLC and CUSTOMER. It being agreed neither the method of this Agreement, nor any other provision named herein, nor any act of the parties herein, shall be deemed to create any type of a relationship between the parties hereto.

15. Severability

If any portion or provision of this Agreement is deemed or held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect.

16. Authority and Entire Agreement

In executing this Agreement, the individual signing the same represents and warrants that he/she has the authority to execute this Agreement and to bind CUSTOMER. This Agreement contains the entire understanding and agreement between the parties hereto and may be modified or amended in whole or in part, only by writing executed by each party herein.

17. Captions

The headings of the paragraphs contained herein are for convenience only and do not define, limit or construe the contents of such paragraphs.

18. Governing Law

This Agreement shall be performed, construed, and enforced in accordance with the laws of the State of Idaho.

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