Purpose, Acceptance, and Relationship to the Client Service Agreement
These Terms & Conditions ("Terms") establish the general operating rules that apply to services provided by Bright Companion Care LLC ("Bright Companion Care," the "Company," "we," or "us"). They are intended to be read together with the Client Service Agreement, any completed client-specific schedule or addendum, and applicable separate authorizations or forms.
A Client accepts these Terms when the Terms are made available to the Client before acceptance and the Client signs or electronically accepts the Client Service Agreement or otherwise accepts these Terms through an authorized Company process. The version or effective date applicable to the Client will be identifiable at the time of acceptance.
If a completed client-specific term in the Client Service Agreement conflicts with a general provision of these Terms concerning the selected package, exact price, schedule, service location, initial term, cancellation method, or approved optional charge, the completed client-specific term controls that business term. These Terms do not expand the Company's nonmedical scope or authorize any unsafe, unlawful, nursing, medical, or clinical service.
Nature and Scope of Services
Bright Companion Care LLC provides private-pay, nonmedical and nonclinical companionship, personal care, lifestyle support, and administrative family care coordination only to the extent included in the Client's selected package and permitted by the Client Service Agreement.
Services may include companionship, social engagement, assistance with ordinary daily routines, permitted personal-care support, organization, family communication, appointment or service coordination, and other nonclinical support expressly included in the selected package.
Ezinne Akalonu's Registered Nurse credential identifies her professional background. It does not convert services provided under the Client Service Agreement into nursing, medical, home health, or clinical care.
Bright Companion Care will comply with applicable Massachusetts home-care licensing, consumer-protection, safety, training, complaint, recordkeeping, and other regulatory requirements as they become legally applicable to the Company. Nothing in these Terms expands the Company's nonmedical and nonclinical scope of Services.
Services Bright Companion Care Does Not Provide
The following are outside the scope of services provided by Bright Companion Care LLC under any circumstances:
- Nursing or medical assessment, diagnosis, clinical triage or monitoring, treatment, medical interpretation, clinical teaching, clinical care plans, or skilled nursing procedures.
- Medication administration, medication setup, reconciliation, dose calculation, verification, or medication management. When included in the package and separately authorized, assistance is limited to verbal reminders or cues for medication the Client independently self-administers.
- Mechanical-lift transfers, two-person transfers, dependent or total-assistance transfers, manual lifting or carrying, floor recovery, or Provider support of the Client's body weight.
- Emergency, continuous, overnight, secured-memory-care, on-call, or guaranteed wandering-prevention services.
- Legal representation, fiduciary services, financial management, or clinical decision-making.
- Any task that is unsafe, unlawful, outside the selected package, or requires staffing, equipment, licensure, authorization, insurance, or competency beyond the Company's approved nonmedical operations.
Solo-Provider Model and Availability
Services are personally provided by Ezinne Akalonu through Bright Companion Care LLC. The Company currently operates as a solo-provider business and does not provide or guarantee employees, substitutes, replacement caregivers, overnight coverage, continuous coverage, on-call coverage, emergency coverage, or twenty-four-hour availability.
The Client or Authorized Representative is responsible for maintaining appropriate backup arrangements for essential needs outside Scheduled Visits and during Provider absence, illness, planned leave, severe weather, emergencies, or another service interruption.
Routine availability, communication windows, and Scheduled Visits are governed by the Client Service Agreement and any accepted client-specific schedule.
Scheduling and Scheduled Visits
Scheduled Visits will be arranged according to the Client's selected package, Provider availability, and any written client-specific schedule. The Client is responsible for providing timely and safe access to the service location.
Routine scheduling communications may occur by telephone, text message, email, or another agreed method. A routine scheduling message does not change the Client's package, price, scope, initial term, or another material contract term.
Bright Companion Care may reasonably adjust a visit time when weather, travel conditions, emergencies, Client circumstances, Provider illness, or another event materially affects safe or timely performance. The Company will provide notice as promptly as reasonably practicable.
Client Cancellations, Rescheduling, and Missed Visits
Bright Companion Care understands that schedules may change. The Client or Authorized Representative should provide at least 24 hours' notice to cancel or request rescheduling of a Scheduled Visit.
A Scheduled Visit cancelled with at least 24 hours' notice may be rescheduled, subject to Provider availability and the limits of the Client's selected package.
A cancellation made with less than 24 hours' notice, a missed visit, refusal of access, or Client unavailability at the scheduled time may be treated as a used Scheduled Visit. Bright Companion Care may make reasonable exceptions for emergencies or other circumstances beyond the Client's reasonable control.
Nothing in this cancellation policy limits any cancellation, refund, credit, or other consumer right that cannot legally be waived.
Provider Cancellations, Illness, Leave, and Service Interruptions
If the Provider cannot perform a Scheduled Visit, Bright Companion Care will give notice as promptly as reasonably possible and make reasonable efforts to reschedule, subject to availability.
If a prepaid Service cannot be provided by the Company and cannot reasonably be rescheduled, the unused prepaid amount attributable to that unavailable Service will be credited or refunded in accordance with the Client Service Agreement and applicable law.
Because Bright Companion Care is a solo-provider service, the Company does not guarantee replacement staffing.
Hospitalization, Travel, Rehabilitation, and Temporary Pauses
The Client or Authorized Representative must promptly notify Bright Companion Care if hospitalization, rehabilitation, travel, temporary relocation, a material change in condition, or another circumstance prevents or materially affects scheduled Services.
A Client-requested temporary pause does not automatically suspend recurring payments, extend the Client's initial term, or guarantee that the Client's regular schedule will be held. Bright Companion Care will make reasonable efforts to accommodate rescheduling of unused Scheduled Visits, subject to Provider availability, the Client's selected package, the remaining service term, and the circumstances of the pause.
Any credit, refund, extension, schedule hold, or other adjustment resulting from a temporary pause must be approved by Bright Companion Care and confirmed in writing, except where otherwise required by the Client Service Agreement or applicable law.
Packages, Included Services, and Unused Services
Bright Companion Care packages are bundled offerings. The Client purchases the package as a whole rather than purchasing each included component as a separately refundable item.
Only Services and deliverables described in the Client Service Agreement, an accepted client-specific description of services, and any applicable written schedule or addendum are included.
An included component that the Client elects not to use does not automatically create a credit, cash refund, exchange, carryover, or substitution unless the Client Service Agreement, these Terms, a written arrangement approved by Bright Companion Care, or applicable law provides otherwise.
Intake or Authorization Forms may record preferences and operational instructions but do not independently expand the package, scope, workload, price, or legal authority of any person.
Pricing, Additional Services, Expenses, and Overages
The Client's package price, billing period, total cost for the initial term, mandatory fees or deposits, if any, and approved additional-service or overage rates will be disclosed in the Client Service Agreement or another written client-specific pricing disclosure before the Client becomes obligated to pay those amounts.
Bright Companion Care will not add an undisclosed mandatory fee to an advertised or agreed price. Optional or avoidable charges will be identified as such, and any required approval will be obtained before the charge is incurred.
Additional Visits, work beyond an included administrative workload limit, approved expenses, or other optional services are not automatically included in the recurring package amount. When an additional charge requires Client approval or additional recurring-payment authorization, the Company will obtain it before charging, as required by applicable law.
Payments, Recurring Payments, and Failed Payments
Services are private-pay. Bright Companion Care does not bill Medicare, Medicaid, MassHealth, private health insurance, or another government or commercial health-benefit program and does not guarantee reimbursement by long-term-care insurance or another benefit plan.
The $200 Intake & Planning Session is paid separately through the Company's designated payment process and, when the Client Service Agreement states that it is credited toward the first billing period, the credit will be reflected in the first payment calculation.
Recurring ACH debits require a separate authorization through the designated payment processor. Before authorization, Bright Companion Care will clearly disclose the recurring amount, frequency, timing, financial obligations, and cancellation method. Bank-account and routing information should be entered directly through the payment processor's secure system rather than sent to the Company by ordinary email or text message. Payment processor details are described in the Privacy Policy.
Cancelling a recurring-payment authorization stops future authorized recurring debits in accordance with applicable law and processor rules, but does not by itself erase amounts already lawfully due or terminate the Client Service Agreement.
If a payment is overdue, declined, or reversed, Bright Companion Care may provide written notice and a reasonable opportunity to correct the payment before suspending future nonemergency Services, subject to applicable law.
Client, Authorized Representative, and Family Responsibilities
The Client and, when applicable, the Authorized Representative are responsible for:
- Providing complete, accurate, and current information, emergency contacts, required authorizations, and documentation of legal authority.
- Promptly reporting material changes in mobility, transfer ability, personal-care needs, swallowing or choking concerns, wandering risk or supervision needs, equipment, environment, or other circumstances that may affect safe Services.
- Maintaining a safe, sanitary, and respectful service environment and providing timely access for Scheduled Visits.
- Providing ordinary Client-specific supplies and safe, functioning equipment needed for agreed Services.
- Maintaining backup arrangements for essential needs outside Scheduled Visits and during Provider absences, emergencies, pauses, or termination.
- Calling 911 for emergencies and contacting an appropriate treating professional or pharmacist for medical, clinical, or medication questions.
- Arranging nursing, medical, clinical, higher-assistance personal care, staffing, equipment, or other services that exceed Bright Companion Care's scope.
Safety, Emergencies, Falls, and Changing Needs
Bright Companion Care is not an emergency service and does not provide continuous monitoring, emergency medical care, or emergency transportation. For emergencies, call 911.
If the Provider reasonably believes an emergency or immediate danger exists during a Visit, the Provider may contact 911 or another appropriate emergency responder without first obtaining permission from family or an Authorized Representative.
After a fall, the Provider will not lift, carry, manually raise, or perform floor recovery for the Client. The Provider may contact 911 or another appropriate emergency responder when injury, distress, inability to rise without prohibited assistance, or another emergency concern is reasonably apparent.
Bright Companion Care may pause, limit, decline, or discontinue an affected task or Service when information is incomplete or inaccurate, needs materially change, the environment becomes unsafe, or requested assistance exceeds the Company's nonmedical scope or one-provider capacity.
Communications and Response Expectations
Routine communication may occur by telephone, text message, email, or another agreed method during the communication window identified for the Client. Bright Companion Care does not guarantee immediate responses outside the Client's identified communication window and is not an emergency communication service.
Emergency or urgent medical concerns must be directed to 911 or the appropriate healthcare professional rather than to Bright Companion Care.
Routine nonurgent communications will generally be responded to within one business day, unless a different response expectation is stated in the Client Service Agreement or otherwise agreed in writing.
A family member, emergency contact, payer, or information recipient does not automatically have authority to change Services, direct the Client's care, sign for the Client, or receive confidential information.
Authorized Representatives, Family Members, and Authority
An Authorized Representative must provide documentation of valid legal authority before signing for the Client or directing Services on the Client's behalf. Family relationship, emergency-contact status, payment responsibility, or designation as an information recipient does not by itself establish legal authority.
Bright Companion Care may rely on documentation that reasonably appears valid until it receives written notice or reliable information that the authority has changed, expired, been revoked, or is disputed.
If competing or unclear claims of authority prevent the Company from determining whose instructions it may lawfully follow, affected Services or disclosures may be paused until the issue is resolved.
Privacy, Records, Electronic Communications, and Recording
Bright Companion Care will use reasonable administrative, technical, and physical safeguards to protect Client information consistent with applicable law. Client information may be used or disclosed as reasonably necessary to provide Services, communicate with authorized persons, process payment, address safety or emergencies, comply with legal obligations, or establish or defend legal rights.
Detailed privacy and data-handling practices are addressed in the Company's Privacy Policy. Email and text messaging may involve privacy or security limitations outside the Company's control. Clients should not send sensitive financial or banking information through ordinary email or text message.
The Client or household must disclose cameras or other recording devices located in service areas as required by Company policy and applicable law. Secret audio recording of the Provider is not authorized. Audio recording must comply with applicable law, including any consent requirements.
Records may be created, maintained, and retained as reasonably necessary for scheduling, service coordination, billing, safety, legal compliance, and legitimate business operations, subject to applicable privacy and record-protection requirements.
Third-Party Providers and Outside Services
Bright Companion Care may, when included in the selected package, assist with coordination involving healthcare offices, pharmacies, transportation providers, rideshare companies, community programs, vendors, or other third parties.
Those third parties are independent from Bright Companion Care unless expressly stated otherwise. The Company does not control and does not guarantee a third party's availability, acceptance, pricing, conduct, timeliness, quality, safety, or performance.
Bright Companion Care does not provide transportation. When included in the selected package and accepted in advance, the Provider may accompany the Client using public transportation, paratransit, taxi, rideshare, or another third-party transportation provider, or may meet the Client at the destination.
Respectful Conduct, Safe Working Conditions, and Right to Refuse Services
Clients, family members, visitors, and others present during Services must maintain a reasonably safe and respectful environment. Abusive, threatening, violent, harassing, discriminatory, sexually inappropriate, unlawful, or materially unsafe conduct is not acceptable.
The Provider may refuse entry, decline a task, leave the service location, or suspend affected Services when objective circumstances create a reasonable safety concern, involve unlawful conduct, exceed the agreed scope, or prevent safe performance.
When reasonably practical, Bright Companion Care will communicate the concern and identify whether Services can safely resume. Immediate departure or emergency assistance may occur when circumstances reasonably require it.
Complaints and Problem Resolution
Bright Companion Care encourages Clients and Authorized Representatives to raise concerns promptly so they can be reviewed and addressed. Complaints may be submitted using the Company contact information provided in the Client Service Agreement or on this website.
The Company will document and review complaints as appropriate to the nature of the concern and will respond within a reasonable time. Safety, abuse, neglect, exploitation, privacy, payment, or other legally regulated concerns may require reporting, escalation, or a different response under applicable law.
Nothing in these Terms prevents a Client from contacting an appropriate governmental agency, consumer-protection authority, law-enforcement agency, court, or other entity when the Client has a legal right to do so.
Suspension and Termination of Services
A Client may terminate future Services using the cancellation method identified in the Client Service Agreement or another method required by applicable law. Termination stops future recurring charges except amounts lawfully earned or incurred before the effective termination date.
Bright Companion Care may suspend or terminate affected Services when objective circumstances make continued Services unsafe, unlawful, unauthorized, outside scope, or when material information affecting the safe or lawful provision of Services has been misrepresented or withheld, or payment remains unpaid after required notice.
Routine Company termination notice will follow the Client Service Agreement. Immediate or shorter-notice action may be appropriate when necessary for safety, illegality, lack of authority, or another circumstance for which continued performance cannot reasonably be required.
Unearned prepaid amounts will be credited or refunded when required by the Client Service Agreement or applicable law.
Massachusetts Consumer Rights and Cancellation Rights
These Terms do not waive or limit any consumer-protection right or remedy that Massachusetts or federal law does not permit the parties to waive or limit.
When Massachusetts General Laws Chapter 93, Section 48 applies to a qualifying transaction consummated at a place other than an address of Bright Companion Care, the applicable statutory cancellation right, notice requirements, and Notice of Cancellation will control. The Client Service Agreement contains the applicable conditional notice and attachment process.
Bright Companion Care will provide required price, recurring-charge, and cancellation disclosures in a clear and conspicuous manner and will maintain cancellation methods consistent with applicable Massachusetts requirements.
Changes to These Terms
Bright Companion Care may update these Terms prospectively to reflect changes in operations, law, regulation, payment processes, or services. The current version will be identified by effective date or version. Material changes will be posted on this page and communicated to active Clients with at least 30 days' notice before taking effect.
A later website update will not retroactively change a material client-specific term in an existing Client Service Agreement unless the change is permitted by law and, when required, accepted through a written amendment or other legally sufficient process.
If a legal or regulatory change requires an operational change during an existing engagement, Bright Companion Care may provide notice and take the steps reasonably necessary to comply with law.
Governing Law, Severability, and General Terms
Massachusetts law governs these Terms and the Services, except to the extent federal law controls.
If a provision is determined to be invalid or unenforceable, it will be limited or severed only as necessary and legally permitted, and the remaining provisions will continue.
When reasonably practical, the parties will first attempt to resolve disputes through good-faith written communication. Either party may pursue any remedy available under applicable law.
Nothing in these Terms waives or limits responsibility for gross negligence, recklessness, willful misconduct, fraud, unfair or deceptive acts or practices, legally required privacy or security duties, consumer-protection rights or remedies, or another right, remedy, or responsibility that applicable law does not permit the parties to waive or limit.
Company Information, Effective Date, and Version
Bright Companion Care LLC
Pittsfield, MA 01201
Questions about these Terms may be directed to Bright Companion Care LLC using the contact information above. You may also review the Privacy Policy for information about how we collect, use, and protect your information.