Evercare Health Limited

Homecare Client Service Agreement 

Last Updated: February 9, 2026 (For Private Clients Only)

This Service Agreement (“Agreement”) is entered into between the following parties and shall take effect upon the client’s signature or acceptance of services:

Client: The individual signing this Agreement and using Evercare’s services (“Client”) Supplier: Evercare Health Limited (“Evercare” or “Supplier”) Address: Room 1301 & 1303, 13/F, Leighton Centre, 77 Leighton Road, Causeway Bay, Hong Kong Tel: (852) 3905 4000

1. Definitions and Interpretation

• Service Assignment: The period during which the caregiver provides services to the client.
• Caregiver: A caregiver introduced by Evercare, providing services as an independent contractor (self-employed), including registered nurses, enrolled nurses, health workers, therapists, occupational therapy assistants (OTA), and physiotherapy assistants (PTA).
• Fees: The hourly/daily charges listed in the fee schedule, plus any surcharges.
• Care Recipient: The patient or elder receiving caregiver services.

2. Nature of Agreement and Relationship

2.1 Evercare operates the business of introducing substitute caregivers, and the client wishes to obtain such services. 

2.2 Evercare acts only as an introducer: Evercare will endeavor to introduce suitable caregivers and charge according to prevailing rates. The client understands caregivers may freely accept or decline assignments, and Evercare does not guarantee successful arrangements. 

2.3 Independent Contractors: Caregivers provide services as self-employed persons, responsible for their own taxes and MPF contributions. Evercare’s role is limited to introduction and coordination, not employment. 

2.4 Background Checks: Evercare conducts reasonable background checks, but caregivers are solely responsible for their conduct and service quality. 

2.5 Client Responsibilities: The client must: (a) Directly instruct and supervise caregivers, providing clear and lawful instructions; (b) Provide necessary and functional equipment (e.g., thermometer, blood pressure monitor) and consumables (e.g., masks, gloves); (c) Provide a safe working environment; (d) Provide complete information to Evercare consultants and caregivers to enable service delivery, including but not limited to: medical history, mobility, full address, household members, dietary and lifestyle preferences, personality, height/weight, language ability, cognitive ability, etc. 

2.6 Caregiver Guidelines: For bedridden care recipients, health workers may provide up to 30 minutes of health massage per service to relieve muscle pain and promote circulation, if deemed beneficial for rehabilitation.

3. Fees and Surcharges

3.1 Service fees are shown in the fee schedule (image in original document; latest fees per Evercare website or quotation).

*Valid until December 31, 2026. Evercare reserves the right to adjust prices/terms with at least 30 days’ written notice; continued use constitutes acceptance.

* Time calculation: Less than one hour charged in 30-minute units (e.g., 8 hours 5 minutes = 8.5 hours).

*Rest breaks: For services of 8 hours, caregivers are entitled to 30 minutes paid meal break; for 9 hours or more, 60 minutes.

3.2 Surcharges:

• Special Days Double Charge: New Year’s Day, Lunar New Year’s Eve, Lunar New Year Days 1–3, Mid-Autumn Festival (next day), Winter Solstice, Christmas Day, Boxing Day, New Year’s Eve.
• Night Shift: 12:00 a.m. – 6:00 a.m. (as listed in fee schedule).
• Special Transport Allowance: HK$100 per trip (if start/end before 6:30 a.m. or after 12:00 a.m.); HK$200 if both apply. Separate from the night surcharge.
• Emergency Service Fee: HK$300 (if booking ≤12 hours before start, or after 6:00 p.m. for service starting before 12:00 p.m. next day).
• Severe Weather: Confirmed services continue during Black Rainstorm or Typhoon Signal No. 8 or above, charged at standard rates. If signals are issued within 1 hour before start or 1 hour before end, HK$200 transport fee per trip (paid to caregiver). Evercare will endeavor to arrange substitutes if caregivers cancel due to transport issues.

4. Amendments, Cancellations, and Charges

4.1 Cancellation/Change Fees:

*Changes include but not limited to date, time, location, duration, personnel, etc.

Additional Term: Long Service Duration and Mid-Service Cancellation

• If a caregiver is cancelled during service, the client must pay for the cancelled portion; remaining hours may be waived under the four-hour rule.
• Example: A 6-hour service cancelled within the first hour requires payment for 5 hours, with the final hour waived.
• For any service scheduled to begin at 12:00 noon, cancellations must be communicated to us no later than 8:00 p.m. on the preceding day. Cancellations received after this deadline will be subject to full charges.
• If service is shortened/cancelled due to caregiver misconduct or care receiver being hospitalized, Evercare may issue a credit note (after deducting costs) to be used in the next service, valid for one year.
• All payments are non-refundable.

4.2 Evercare consultants will match caregivers to client needs after deposit is received, providing resumes for selection. Clients may request replacements based on clear criteria. If more than 3 resumes of the same category are requested, Evercare may charge HK$200 per each additional resume.

4.3 Clients may request up to 2 free replacements if reasonable grounds exist (e.g., misconduct, illegal acts, safety concerns, hygiene issues). Fees apply per the four-hour rule. If Evercare confirms caregiver misconduct, a credit note may be issued (after deducting costs), valid for one year.

4.4 All deposits are non-refundable.

5. Payment and Deposits

5.1 Confirmation Options:

Option 1: Credit card binding + 30% deposit (stored securely via PCI-compliant Stripe).

Option 2: Full prepayment or service package (bank transfer/FPS/cheque only).

5.2 Invoice 

Invoices will be Issued biweekly via email; payment due within 7 days on the day of issuance. Payment can be settled through bank transfer, FPS, credit card (no surcharge), or cheque

Account Details: Bank of China (HK) 676-2-020180-6; FPS: 166209064.

5.3 Late payment

A 5% surcharge will be applied to all late payments. Evercare reserves the right to suspend all services until payment is settled in full.

6. Deposits, Cash Top-Ups, and Prepaid Packages

6.1 Validity: Deposits must be used within 3 months; cash top-ups/packages valid for 1 year. Expired balances are forfeited, non-refundable. 

6.2 Extension: If care recipient is hospitalized, validity extends 3 months upon proof (hospital admission record). One-time only; maximum extension = original term + 3 months. 

6.3 Refund Eligibility:

• Care recipient’s death (certificate required) 
• Evercare fails to provide caregiver resume within 3 days of request or 12 hours before first booking (whichever earlier)

7. Caregiver Conversion Fee

7.1 If the client, in any way, employs a caregiver arranged by the supplier to work in the client’s organization or any related enterprise or institution—including but not limited to subsidiaries, groups, affiliates, business units, or service units—in any capacity such as full-time, part-time, consultant, or outsourced, the client must provide written notice to the supplier’s consultant at least one month prior to the effective date of employment and pay a one-time conversion fee to the supplier.

This clause remains valid for one year starting from the last day of the purchased or scheduled service contract, regardless of whether the client has completed payment or whether the caregiver has completed the scheduled service. If no definite contract end date is agreed with the supplier, the validity period shall be one year from the date the client submits the conversion request.

The conversion fee shall be equal to the caregiver’s average income excluding minimum earnings. If the client employs the caregiver directly or indirectly without declaring the conversion request, regardless of whether the client pays the caregiver any form of remuneration, the supplier reserves the right to recover the conversion fee, any unpaid service commitments, and late payment surcharges.

7.2 If the caregiver has provided services to the requesting client or any Evercare client for less than one month, the conversion fee shall be calculated based on the highest of the following values: 

(a) The salary stated in the client’s employment documents for the caregiver; 

(b) The caregiver’s most recent monthly salary (income proof required); 

(c) The monthly salary calculated from the caregiver’s current hourly rate.

If none of the above conditions can be satisfied, the conversion fee shall be referenced against the government’s recommended salary scale for caregivers on the date of conversion.

8. Legal Liability and Indemnity

8.1 Liability Cap 

Evercare’s total cumulative liability (contract, tort, etc.) shall not exceed the total fees paid by the client in the past six months.

8.2 Disclaimer Evercare shall not be liable for any indirect, consequential, or incidental damages (including loss of profit, etc.). Except in cases of gross negligence or willful misconduct, Evercare shall not be responsible for the caregiver’s conduct or services.

8.3 Client’s Indemnity Obligations The client shall indemnify Evercare against all losses (including reasonable legal fees) arising from: (a) The caregiver’s acts/omissions under the client’s supervision; (b) The caregiver’s injury at the client’s premises; (c) The client’s failure to provide a safe environment, equipment, or instructions; (d) Any claims regarding the caregiver’s employment status; (e) Any losses caused by the client’s breach of this Agreement.

8.4 Evercare’s Indemnity Obligations Evercare shall only indemnify for losses directly caused by gross negligence in background checks (as finally adjudicated by a court) or serious breaches of data confidentiality provisions, and such liability shall not exceed the cap set out in Clause 8.1.

9. Termination of Agreement

Either party may terminate the Agreement with one month’s written notice. If there are ongoing services, the termination date shall automatically be extended to the last service date or an earlier date mutually agreed by both parties.

10. Force Majeure

Neither party shall be liable if performance is prevented by force majeure events such as natural disasters, government orders, pandemics, or strikes. The parties may negotiate postponement or cancellation and adjust fees accordingly.

11. Governing Law and Personal Data

This Agreement is governed by Hong Kong law, and both parties agree to submit to the non-exclusive jurisdiction of the Hong Kong courts. In case of discrepancies between the Chinese and English versions, the English version shall prevail.

12. Personal Data Collection Statement

The client agrees that Evercare may collect and use personal data for purposes such as service introduction and needs assessment. The data will only be accessible to authorized staff and may be disclosed to caregivers, service providers, or persons as required by law. The client has the right to access and/or correct their personal data (by submitting a written request to Evercare’s address). Evercare may use the scope of services for marketing purposes and is authorized by the client to use their name and trademark.

13. Electronic Signature and Service Confirmation

After each service is completed, the client must provide an electronic signature to confirm that the service commitment has been fully performed. If the client is unable to sign personally, the caregiver may sign on their behalf. Confirmation information will be sent via email or communication software, and if no objection is raised within 48 hours, it shall be deemed automatically confirmed.