SERVICE AGREEMENT TO EC NURSE CONNECT USERS

  1. General Service Rates and Terms and Conditions of Service

Effective Date: October 30, 2024 (For Private Clients)
Last Updated: January 10, 2025

I/We, [(each of the signatories to the Service Agreement and users of EC Nurse Connect’s placement service)], (hereinafter referred to as the “Client” or “Clients”) understand that, except as otherwise provided herein, the general service rates set out shall apply for my engagement of nurses/healthcare workers placed by EC Nurse Connect, which is a service provider registered as Total Talent Limited, hereafter referred to as “EC Nurse Connect”:

  1. PRICING TABLE (GENERAL RATES) 

The fees are expressed in Hong Kong dollars (HKD)

*Night shift charge: 12am-6am

*Clients wishing to use therapist sessions must start with an assessment session. If a client switches therapist type, another assessment session must be arranged.

ii. SPECIAL SERVICE RATES
(a) Special service rates of two (2) times the rate set in the above pricing table apply on the following days:

iii. URGENT REQUEST CHARGE
(a) An urgent request fee of HK$300 is charged if the request is made:

less than twelve (12) hours before service starts, OR after 6pm and service starts before 12pm the following day   

iv. SPECIAL TRANSPORT ALLOWANCE

(a) A special transport allowance of HK$100/one way is charged if:

  • service starts/ends at or before 6:30am
  • service starts/ends at or after 12am
    (b) If the request meets both conditions in iv(a), the client will be charged two times the special transport allowance, i.e., HK$200. (Special transport allowance is charged in addition to the night shift surcharge.)
    (c) EC Nurse Connect reserves the right to adjust the rates and terms and conditions set out herein without obtaining the Client’s prior consent. Please call us for the latest applicable service rates and terms and conditions.
    (d) Meal Time: It is customary for nurses/healthcare workers working an eight (8)-hour shift to have a paid meal break of at least thirty (30) minutes, and sixty (60) minutes for a nine (9)-hour shift and above.
    (e) Caregiver guide. V. In-home health tests
  • Clients must present their identity cards on the appointment day.
  • Tests are for reference only and are not suitable for diagnostic and/or treatment use.
  • Clients are not required to fast prior to blood tests.
  • Tests will be processed at PathLab Medical Laboratories Ltd. or I Medical Laboratories.
  • The cost of the test does not include a doctor’s consultation. Clients wishing to obtain a diagnosis or interpretation after receiving lab results should consult a general practitioner or specialist doctor on their own.
  • Payment for tests is non-refundable. If you need to reschedule your test, please contact us at least two (2) days prior to the original booking date.

TERMS & CONDITIONS
I understand that the following terms and conditions shall apply in order for EC Nurse Connect to place nurses/healthcare workers to provide services as independent contractors for me: 

I. Placement Agent
(a) EC Nurse Connect is a placement agent that sources suitable nurses/healthcare workers to work for me and will charge me according to its current service rates. I understand that nurses/healthcare workers are free to accept or decline a proposed placement and that EC Nurse Connect does not guarantee successful placement with an alternate nurse/healthcare worker, although it will use reasonable endeavors to do so.

ii. Independent Contractors
(a) Nurses/healthcare workers are engaged to provide service for me as independent contractors and are not employees of EC Nurse Connect.
(b) I shall provide all necessary equipment (e.g., thermometers, sphygmomanometer) and consumable supplies (e.g., facemasks, gloves) for the nurses/healthcare workers to carry out their work.
(c) EC Nurse Connect undertakes reasonable background checks on each nurse/healthcare worker it places. However, these nurses/healthcare workers are independent contractors responsible for their conduct and service standards.
(d) EC Nurse Connect will not accept:
(1) any responsibility for the conduct or service of the nurses/healthcare workers placed for me; or
(2) any liability regarding their provision of service.

iii. Instructions/Supervision
(a) It is my responsibility to directly instruct and supervise (or procure proper instructions or supervision of) the work of the nurses/healthcare workers placed for me.
(b) I acknowledge that the following persons may give valid instructions to nurses/healthcare workers providing service for me:
(1) in respect of service provided to an individual patient – the signatory of the Service Agreement, the patient, and/or persons whom the attending nurses/healthcare workers reasonably believe to be in charge of the patient’s daily care, and
(2) in respect of service provided to a hospital or institute – the signatory of the Service Agreement and/or any person whom the attending nurses/healthcare workers reasonably believe to be in charge of the hospital ward, the institute, or the patient, including handling doctors and nurses.
(c) When supervising the nurses/healthcare workers’ work, I understand that I may follow the “Service Standards of Independent Contractors,” which outlines EC Nurse Connect’s understanding of the service standards generally applicable to nurses/healthcare workers as independent contractors for Clients. I should also communicate directly with the nurses/healthcare workers regarding any specific instructions I may have.

iv. Invoice Payment
(a) Invoices shall be sent to Clients prior to the confirmation of a placement service. Until EC Nurse Connect receives the payment receipt, the placement will not be confirmed.
(b) Payment shall be made by:
(1) Bank Transfer: (Please send a copy of the receipt to EC Nurse Connect)
Account Name: UMH TPA Ltd
Bank Name: Hang Seng Bank
Account Number: 242-452100-883
Address: 20/F, Devon House, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong.
(2) Cheque: Mail a crossed cheque made payable to UMH TPA Ltd at: 20/F, Devon House, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong.
(c) I agree to pay each EC Nurse Connect invoice before the start of service. Should bills remain unpaid after seven (7) days, a 10% surcharge on the outstanding amount will be added. Should bills remain unpaid after fourteen (14) days, a 10% interest per annum will be imposed on the outstanding amount, and EC Nurse Connect may appoint third-party debt collection agents to recover the outstanding amount and interest. All costs associated with appointing third-party debt collection agents will be borne by the client. The Nurse/healthcare workers can stop working until I pay all outstanding bills.

v. Direct/Indirect Engagement
(a) I agree to pay EC Nurse Connect a one-off introductory fee if I directly/indirectly engage a nurse/healthcare worker placed by EC Nurse Connect for the same/similar position (the “Direct Engagement”). I further agree to notify EC Nurse Connect’s Care Coordinator of my intention to offer a nurse/healthcare worker a Direct/Indirect Engagement.
(b) This obligation to notify EC Nurse Connect upon any Direct/Indirect Engagement shall survive for one year after the last date of placement of that particular nurse/healthcare worker with me. I acknowledge that failure to notify EC Nurse Connect of a Direct/Indirect Engagement will result in a loss of the introductory fee for EC Nurse Connect, and I shall therefore compensate EC Nurse Connect by paying the usual rate of the introductory fee, equivalent to the average of that particular nurse/healthcare worker’s one month’s income from that Direct/Indirect Engagement.

vi. Amendment of Service and Cancellation Charge
(a) EC Nurse Connect will endeavor to accommodate requested changes of service/cancellation from the Client as much as possible, which will incur charges depending on the notice period as outlined below. Upon failure to do so, such requests will be treated as a cancellation. 

Service amendments include but are not limited to the following events that result in a change of caregiver: rescheduling service date/time, changing service requirements, and shortening/lengthening shift duration.
Charges will only be waived on a case-by-case basis due to unforeseeable patient conditions (e.g., hospitalization, discharge, or death). We reserve the right to request documentation proof for refund purposes. EC Nurse Connect reserves the right of final decision.
All refunds will be processed within 4-6 weeks.

vii. Bad Weather
For care professionals working during black rainstorm warning, typhoon signal no.8 or above, the following special arrangement shall apply:
(a) A special rate equal to two (2) times the general rates shall apply to the entire shift if:
(1) Black rainstorm warning is hoisted at any point during the shift,
(2) Typhoon signal no. 8 or above is hoisted at any point during the shift.
(b) HK$200 transport fee one way if the signal is in force at any point one (1) hour before the start or one (1) hour after the end of the shift.
(c) Service cancellation policy:
(1) Service shall continue as scheduled unless otherwise instructed.
(2) If you wish to cancel the service, please inform us at least 4 hours before the shift starts or before 8 pm if the shift starts before 12 pm the following day. Otherwise, no refund shall be given.
(3) In the event that caregivers cancel service due to transport issues, we shall try our best to arrange a replacement.

viii. Termination
(a) I agree that either I or EC Nurse Connect may give the other party written notice to terminate the Service Agreement with immediate effect without providing a cause; provided that if I have an ongoing placement, the termination date of the Service Agreement shall be automatically postponed until the last date of such placement, or at an earlier date subject to agreement with EC Nurse Connect.

ix. Governing Law and Jurisdiction
(a) The Service Agreement and this document shall be governed by and construed in accordance with the laws of Hong Kong, and the parties submit to the exclusive jurisdiction of the Hong Kong Courts.

  • x. Language
    (a) In case of any inconsistency between the English and Chinese versions of this document, the English version shall prevail.

3. Personal Information Collection Statement

Purpose of Collection (Voluntary Basis)
(i) The provision of my personal data is voluntary. I agree that the personal data collected by EC Nurse Connect regarding me will be used for placement purposes, including reviewing and assessing my needs (and the patient’s needs) and placing suitable nurses/healthcare workers for me. EC Nurse Connect will obtain my consent before using my personal data for any other purposes.

Transfer of Personal Data
(ii) EC Nurse Connect may disclose my personal data or any part thereof to:
(a) nurse/healthcare workers who have indicated interest in providing me service;
(b) contractors or agents engaged by EC Nurse Connect for the purposes listed above or third-party service providers who provide administrative, telecommunications, computer, or other services to EC Nurse Connect;
(c) appropriate persons by whom EC Nurse Connect is required to disclose under applicable legal, governmental, or regulatory requirements;
(d) appropriate persons reasonably requiring the same for EC Nurse Connect to carry out the purposes outlined in paragraph (i); and
(e) EC Nurse Connect reserves the right to share the service scope of this Service Agreement for promotion and marketing purposes, including on EC Nurse Connect’s website(s), social media pages, and other media channels. The Client grants EC Nurse Connect the right and license to utilize the Client’s name, logo(s), and trademark(s) in connection with such promotional and marketing efforts.

Access to/Correction of Personal Data
(iii) Under the Personal Data (Privacy) Ordinance (Cap.486, Laws of Hong Kong), I am entitled to request access to and/or correction of my personal data related to my registration with EC Nurse Connect. Any such request shall be made in writing, marked for the attention of the EC Nurse Connect Manager, and sent by post to: 20/F, Devon House, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong. I agree that EC Nurse Connect is entitled to charge a reasonable fee for processing any data access request.

Privacy Policy Statement and Data Security
(iv) Clients can find out more about EC Nurse Connect’s policies on privacy and personal data protection and data security by accessing EC Healthcare’s privacy policy statement available on the EC Healthcare website at https://echealthcare.com/en/privacypolicy.

  1. Client Health Declaration
    Helping you stay well and prepared.

As you may be aware, Covid-19 has been declared a global pandemic. To ensure we can continue to provide you with reliable, safe, and high-quality service while safeguarding the safety of our nurses/healthcare workers, we require all clients and nurses/healthcare workers to sign the following statements:

  • I agree to inform EC Nurse Connect if I have visited any Covid-19 hotspots in the last 14 days.
  • As far as I am aware, I have not developed any symptoms of coronavirus in the last 14 days, including fever, chills & rigor, cough, sore throat, diarrhea, shortness of breath, or other symptoms related to the coronavirus. In the event I notice any of the aforementioned symptoms, I agree to notify EC Nurse Connect immediately.
  • If I plan to travel outside of Hong Kong where there may be a chance of contracting the coronavirus, I agree to notify EC Nurse Connect.
  • I acknowledge and agree that EC Nurse Connect, having procured the aforementioned declarations from its healthcare professionals, has done what it could in the circumstances to ensure that its healthcare professionals provided are free from coronavirus.