Product Service Agreement – Care Home

Specific service conditions – Care Home

Introduction

This product service agreement governs the terms and conditions of a specific Account Type for a Relative, in this case the Care Home Version. This agreement will explain what features will be available to the User, when it will be applicable, how the agreement can be terminated and what the obligations are for both User and F0rmula!, owner and operator of HappyBridge. This agreement will explain what features will be available to the User, when it will be applicable, how the agreement can be terminated and what the obligations are for both User and F0rmula!, owner and operator of HappyBridge.

Applicability

This Product Service Agreement is an extension of the HappyBridge Terms and Conditions and as such will not replace nor overrule any of the paragraphs of the HappyBridge Terms and Conditions. This Agreement will provide more details on the Care Home Account Type for a Relative and define the additional terms between the User and HappyBridge. This specific Agreement will during its duration overrule the default Free Agreement for the Account Type for the specific Relative in question, and will be valid from the moment the User accepts the Terms and Conditions until it expires or is terminated by the User or HappyBridge. This type of Agreement is only available for a Relative who is a resident of a Care Home in our network, and will in the latter case be automatically suggested. The User can change to the Free Agreement or any other type of Agreement by terminating the current Agreement or agreeing with another type of Agreement respectively.

Available features

By accepting this Agreement the User will get access to the following list of non-binding features:

  • Get in contact with Relative;

  • Being able to share stories with Relative;

  • Being able to receive stories from Relative;

  • Storage of the shared materials for a minimum of twelve months;

  • Guaranteed access up to twenty Users per Relative;

  • Relative receives a high quality printed family diary based on the shared stories;

  • Delivery of family diary via mail within 5 workdays;

  • Flexible duration of submission period: from a maximum of 1 month, to a minimum of 1 week;

  • Automated optimization of the size of the family diary;

  • Only pay when- and after a family diary has been created, no subscriptions or prepaying required; and

  • Cancel the agreement at any time without charge or notice.

Pricing

As stated above, this Agreement only foresees a single payment by the family when- and after a family diary has been created. The family diary will be printed in high quality and send within 5 workdays to the Relative in question. The price for a standard family diary up to 16 pages is six euro including value adding tax. Additional pages will be added automatically if the submitted content exceeds 15 stories, for the price of 60 eurocent per 4 pages. As stated previously, HappyBridge will optimize the size of the family diary in order to keep the price as low as possible for the Family.

In order to make the process as easy and flexible for family members of a Relative as possible, HappyBridge uses a post-payment system by which the payment is only due after the family diary has been created and without any subscription fees or periods. This means that there will only be a payment due when Users have actually sent through enough stories to create a family diary, and the family has the option to cancel the agreement at any time without any further charges. The invoice will always be made in name of the Relative in question, and will by default be added to the monthly care home invoice for the comfort of the Relative and family. If the care home in question doesn’t support this method, the invoice will need to be payed directly to HappyBridge. The first point of contact of the family, by default defined as the first connected user to the relative, will receive a digital copy of the invoice by email.

The User acknowledges that he/she has permission from the Relative or his/her custodian to invoice any of the costs generated by the service described in this Agreement to the Relative, either via the monthly care home invoice or via a separate invoice. The User understands and agrees that it is the collective of all Users in contact with the Relative in question who are using the services as described in this agreement, who are in the end responsible for settling the invoice. If the Invoice doesn’t get settled within the predefined payment period by the Relative or his/her custodian, HappyBridge can hold any of the Users, who use the service in relation to the Relative in question, solely responsible for settling the invoice.

Limits of use

There are certain practical limits concerning the size of the family diary. HappyBridge will not automatically create a family diary as long as the accumulated unpublished stories haven’t reached the absolute minimum of six submissions. If this minimum hasn’t been reached at the time of the submission deadline, the submitted items will be automatically transferred to the next submission period. This process will continue until the minimum submission amount has been reached. Although HappyBridge doesn’t have an upper limit to the amount of submissions that can be processed into a family diary, it will warn the User if the monthly submission are deemed as excessive.

Questions and complaints

If the User has any questions, remarks or complaints about a specific invoice, he/she can contact HappyBridge via the mail address invoice@happybridge.eu or via mail to F0rmula!, Brusselstraat 51, Antwerp, Belgium. HappyBridge commits to take the appropriate action as soon as possible.

Payment terms

The invoices should be paid within 14 calendar days, starting from the date the invoice was sent. HappyBridge reserves the right the charge an interest on the unsettled balance amount after that date of 1% monthly, and charge an administrative costs of six euros per written letter.

Termination

This specific Agreement can be terminated by the User at all times with no charge by sending an email to the helpdesk, or asking the local care home administrator. This specific Agreement can also be suspended by not sending any materials through to the Relative in question for the duration of at least one submission period. This Agreement will be automatically reactivated when the User shares another story with the Relative subject to this Agreement. During the suspended period, the User will not be held responsible for the settlement of unpaid invoices. This Agreement can also be suspended by the activation of another agreement if stipulated specifically in the terms of the latter. Once the other agreement is terminated, this Agreement will be automatically activated again. HappyBridge has the right to terminate this Agreement without motivation, and with one month notice.

Refund

As this Agreement works with post-payments, HappyBridge will not issue any refunds.

Availability and warranty

The User understand and agrees that the above mentioned features are provided "as is" and HappyBridge expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability and fitness for a particular purpose. HappyBridge makes no warranty or representation regarding the results that may be obtained from the use of the Services, the security of the Services, or that the Services will meet any user's requirements. Use of the Service is at the User’s sole risk.

Non compliance

Non-compliance from the User regarding the terms in this Agreement may lead to the immediate termination of the User Account and other actions as defined in the Terms and Conditions.

Changes

We may modify our features of this Agreement at anytime, for any reason, and without notice. We reserve the right to modify this Agreement at any time without notice. Please review this Agreement on occasion as they may change in the future.

General

If any part of this Agreement is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of this Agreement by the User or others does not waive our right to act with respect to subsequent or similar breaches.

By checking the tick box or activating the slider on “I accept the specific service conditions” or any other slider/ tick box with a similar text, the User explicitly agrees with this terms of this Agreement and reconfirms his/her agreement of the HappyBridge Terms and Conditions as presented to the User when his/her Account was created. The User also explicitly commissions HappyBridge to send the family diaries via mail in the family’s name.