This Employee Assistance Program agreement (hereinafter the “Agreement”) is made effective the day of your purchase, by and between Your Company (hereafter the “Client Company”) and Care Plus Solutions, Inc. (hereinafter “Care Plus Solutions”). Client Company and Care Plus Solutions are collectively referred to as the “Parties”. This agreement supersedes any previous agreements entered into by the parties.
BY CLICKING THE ACCEPTANCE BUTTON AND AUTHORIZING CARE PLUS SOLUTIONS TO CHARGE YOUR CREDIT CARD, CLIENT COMPANY EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF CLIENT COMPANY DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED. CARE PLUS SOLUTIONS WILL PROMPTLY CANCEL THIS TRANSACTION AND CLIENT COMPANY WILL NOT RECEIVE THE EMPLOYEE ASSISTANCE PROGRAM CONTEMPLATED BY THIS AGREEMENT.
WHEREAS, Care Plus Solutions provides Employee Assistance Programs that includes Assessments and Referrals to Counseling, Legal Services, Financial Services, Work-Life Services, and a managed Wellbeing Website; and
WHEREAS, Care Plus Solutions provides Management Assistance Programs and consultation to the Employer regarding best practices for Employee performance issues that affect on-the-job performance; and
WHEREAS, Care Plus Solutions provides these services to a consortium of employer groups of employers with 2 to 300 employees; and
WHEREAS, the Client Company desires Care Plus Solutions to provide such services to Client Company’s Employees and their Household Family Members.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows:
Employee Assistance Program: A program that assists employees to balance competing demands of work and life to help prevent personal problems from affecting job performance.
24/7 EAP Line: The EAP contact number for all Employees and Household Family Members, Management, and Human Resources.
Assessments and Referrals to Counseling: Video or telephonic assessment with a credentialed Master’s level EAP Professional and referrals to Master’s and/or Doctoral level mental health providers for short-term or longer-term counseling.
Legal Services: A program that provides face-to-face or telephonic consultation for legal matters with an in-network attorney.
Financial Services: A program that provides telephonic consultation for financial matters with an in-network Money Coach.
Work-Life Services: A program that provides unlimited telephonic consultation, resources and referrals for matters related to families, caregiving and daily living. These include, but are not limited to relocation, travel, recreation, child-care, adoption assistance, education, and elder care.
Well-Being Website: Structured and organized content, tools, assessments, and training on topics covering major life areas: health, relationships, emotional wellbeing, legal, financial, personal and professional growth.
Critical Incident Response Services (CIR): A comprehensive intervention system that is implemented when one or more individuals in the workplace experiences acute stress reactions and psychological distress that result from a traumatic event or sudden loss.
Household Family Members: Includes an employee’s spouse, domestic partner, parents, grandparents, biological children, adopted children, stepchildren, grandchildren of the employee or employee’s spouse, or domestic partner of the employee residing in the same household as the employee.
Client Company has engaged Care Plus Solutions to provide an Employee Assistance Program to Client Company’s Employees and their Household Family Members. Care Plus Solutions will provide the Employee Assistance Program and Management Assistance Program in consideration for the Annual Fee provided.
3. Employee Assistance Services Provided.
a. 24/7 EAP Line. Care Plus Solutions agrees to offer unlimited 24/7 phone consultations with Master’s level counselors to all Employees and Household Family Members.
b. Assessments and Referrals to Counseling. Care Plus Solutions will provide the Client Company’s Employees, and each of their Household Family Members, with up to three or up to five counseling sessions dependent on the benefit purchased by the Client Company. A counseling session includes an assessment of the issue, counseling, and/or referral to other resources. Where feasible, Care Plus Solutions will attempt to facilitate face-to-face contact for all counseling sessions utilizing a network of affiliate service providers, and when face-to-face is not feasible, video counseling will be provided. If requested, telephonic counseling can be provided. Care Plus Solutions will also provide Critical Incident Response services to the Client Company.
c. Legal Services. Employees and Household Family Members are entitled to one (1) initial thirty-minute office or telephone consultation per separate legal matter at no cost with a network attorney. In the event that the Employee or Household Family Member wishes to retain a participating attorney after the initial consultation, they will be provided with a preferred rate reduction of 25% from the attorney’s normal hourly rate. Virtually all types of legal matters are eligible for these services. Exclusions include matters involving disputes or actions between Employees and their employer. Also excluded are matters that, in the attorney’s opinion, lack merit. Court costs, filing fees, and fines are the responsibility of the Employee or Household Family Member.
d. Financial Services. Employees and Household Family Members are entitled to one 30-minute telephonic consultation per financial matter, per year, with a Money Coach. Typical matters include credit, debt and budgeting assistance, mortgage and home ownership, tax planning, retirement, student loans, and college planning questions. These services are provided by financial professionals and licensed CPA’s. In the event an employee wishes to work with their Money Coach for additional services, the employee may elect to do so at a rate of $39.95 per month. This service provides the employee with unlimited access to their Money Coach, and the employee may continue on a month-to-month basis. Employees and Household Family Members are also entitled to receive one 30-minute income tax planning related consultation per year on each separate tax issue they encounter. Preparation of all personal income tax documents are prepared by a CPA at a preferred rate reduction of 25% from the CPA’s normal fee.
e. Work-Life Services. Care Plus Solutions will provide to Client Company’s Employees, and each of their Household Family Members, unlimited telephonic consultation, resources, and referrals for matters related to families, caregiving and daily living. These include, but are not limited to relocation, travel, recreation, child-care, adoption assistance, education, and elder care.
f. Wellbeing Website. Care Plus Solutions will provide unlimited access to a wellbeing website through a portal at www.CarePlusSolutions.com for Client Company’s employees and their Household Family Members.
g. Employee Orientations. Care Plus Solutions will provide Employee Orientations either in person or virtually. There is also a pre-recorded online orientation. These orientations are unlimited.
4. Management Assistance Program Services Provided.
a. 24/7 EAP Line. Care Plus Solutions agrees to offer unlimited 24/7 management consultations with EAP professionals to assist HR and managers on any employee situation.
b. Facilitation of Formal Management Referrals. Care Plus Solutions agrees to facilitate, provide support, consultation, and materials for Client Company to connect Formal Management Referrals to the EAP for Assessment and Referral to Counseling as well other supportive resources, as appropriate, intended to resolve Employee performance issues arising in the workplace.
c. Utilization Reporting. Care Plus Solutions agrees to provide annual reports to Client Company indicating utilization of the Employee Assistance Program within the consortium of employers within which Client Company is a member. Annual utilization reports will be provided electronically to the Client Company.
d. Promotional Materials. Care Plus Solutions agrees to provide informational brochures, wallet cards, flyers, posters, and monthly promotional Employee and Supervisor Newsletters and Webinar Announcements to the Client Company.
e. Management/Supervisor Orientations. Care Plus Solutions will provide Management/Supervisor orientations either in person or virtually. There is also a pre-recorded online orientation. These orientations are unlimited.
5. Annual Fee.
The Client Company shall pay to Care Plus Solutions, as a fee for the services described in Section 3 and 4 above, an annual fee, paid quarterly.
6. Term and Termination.
This Agreement is effective upon Client Company’s acceptance as set forth herein and shall continue in full force for one year and will automatically renew for a period of one year unless either party informs the other in writing at least 90 days prior to the enrollment renewal date. The Parties agree that no credit or refunds will be issued for unused services under this Agreement. In the event the Agreement is terminated, Care Plus Solutions agrees to complete any open cases prior to discontinuing services to Client Company and their Employees.
7. Client Company Representations.
Client Company represents and warrants to Care Plus Solutions that: (a) Client Company is in good standing and is authorized to do business in their state of formation; (b) the individual entering into this transaction on behalf of Client Company has the power and authority to enter into and perform Client Company’s obligations under this Agreement; (c) Client Company, or the individual consummating this transaction on behalf of Client Company is the authorized signatory of the credit card or charge card provided to Care Plus Solutions to pay the Annual Fee; (d) Client Company complies with all terms and conditions of this Agreement; (e) Client Company has provided and will provide accurate and complete information to Care Plus Solutions, including without limitation, Client Company’s legal name, address, and telephone number.
All case files and other records maintained by Care Plus Solutions or its agent shall be strictly confidential. No information contained therein shall be released under any circumstances without the prior written consent of the employee or family member in question, except under force of law. The utilization report described in Client Company Services Provided above shall only report the number of individuals who utilize the Employee Assistance Program within the consortium of employer groups within which Client Company participates; no employee or Household Family Members’ identifying information will be reported.
9. Disclaimer of Warranties.
THE EMPLOYEE ASSISTANCE PROGRAM IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE EMPLOYEE ASSISTANCE PROGRAM IS AT CLIENT COMPANY, THEIR EMPLOYEES, AND THEIR EMPLOYEE’S HOUSEHOLD FAMILY MEMBERS SOLE RISK. CARE PLUS SOLUTIONS DOES NOT WARRANT THAT THE EMPLOYEE ASSISTANCE PROGRAM WILL BE CONDUCTED WITHIN A SPECIFIC TIME PERIOD, THAT THE SERVICE WILL BE UNINTERPUTED OR ERROR FREE, NOR DOES CARE PLUS SOLUTIONS MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE EMPLOYEE ASSISTANCE PROGRAM. CARE PLUS SOLUTIONS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE EMPLOYEE ASSISTANCE PROGRAM.
10. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL CARE PLUS SOLUTIONS BE LIABLE TO CLIENT COMPANY, AN EMPLOYEE OF CLIENT COMPANY, OR ANY HOUSEHOLD FAMILY MEMBERS OF CLIENT COMPANY’S EMPLOYEES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE EMPLOYEE ASSISTANCE PROGRAM, INCLUDING, WITHOUT LIMITATION, CLIENT COMPANY, AN EMPLOYEE OF CLIENT COMPANY, OR ANY HOUSEHOLD FAMILY MEMBERS OF CLIENT COMPANY’S EMPLOYEES INABILITY TO USE THE EMPLOYEE ASSISTANCE PROGRAM, ANY CHANGES TO OR INACCESSIBILITY OF THE EMPLOYEE ASSISTANCE PROGRAM, DELAY, FAILURE, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH OR AS A RESULT OF THE EMPLOYEE ASSISTANCE PROGRAM, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL CARE PLUS SOLUTIONS’ TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY CLIENT COMPANY TO CARE PLUS SOLUTIONS HEREUNDER. IN THE EVENT CLIENT COMPANY IS DISSATISFIED WITH THE EMPLOYEE ASSISTANCE PROGRAM, CLIENT COMPANY’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR CLIENT COMPANY TO DISCONTINUE USE OF THE EMPLOYEE ASSISTANCE PROGRAM AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.
Client Company agrees to indemnify, hold harmless and defend Care Plus Solutions, its shareholders, directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fee, asserted by any person, arising out of or relating to: (a) this Agreement; (b) Client Company, Client Company’s Employees, or Client Company’s Employee’s Household Family Members use of this Agreement or the services contemplated by this Agreement.
a. Independent Contractors. The relationship of Care Plus Solutions to the Client Company is that of an independent contractor, and nothing herein shall be considered the basis for partnership or joint venture.
b. Notice. Any notices required under this Agreement shall be addressed to Client Company at the Address listed in the preamble and to Care Plus Solutions:
Care Plus Solutions
29 Chase Rd.
PO Box 225
Scarsdale, NY 10583
Construction of Terms. If any provision of this Agreement is held unenforceable by a court of competent jurisdiction, that provision shall be severed and shall not affect the validity or enforceability of the remaining provisions.
d. Governing Law. This Agreement shall be governed by the laws of the State of New York excluding any conflicts of law provisions that would require the application of the laws of any other State.
e. Complete Agreement. This Services Agreement constitutes the complete agreement and sets forth the entire understanding and agreement of the Parties as to the subject matter of the Agreement and supersedes all prior discussions and understandings in respect to the subject matter of this Agreement, whether written or oral. No changes may be made to this Services Agreement unless the intent to make such change is confirmed in a document signed and dated by the authorized representatives of each of the Parties.
f. No Waiver. The failure to strictly enforce any of the provisions of this Services Agreement by any Party shall not be deemed a waiver of the right to enforce said provisions or any other provisions of this Agreement by that Party in the future.
g. Dispute Resolution. Should any dispute or controversy between the Parties arise out of or related to this Services Agreement, the Parties agree that such dispute or controversy will be subject to final and binding arbitration pursuant to the rules of the American Arbitration Association. The Parties further understand and agree that this arbitration process will be the exclusive dispute resolution method under this Services Agreement. All requests for Arbitration must be delivered by Certified Mail to the opposing party at the address set forth for Notices in this Agreement no later than three (3) months from the date the dispute arose. The Arbitrator’s Opinion and Award shall be rendered within 60 days of the close of the Hearing and must be consistent with the provisions of this Services Agreement and he or she is strictly prohibited from issuing an award that would alter, change, cancel or rescind any provision of this Agreement. The Arbitrator’s Opinion and Award shall be in writing, shall be final and binding, and any Party to the dispute may obtain final judgment entered thereon in any court of competent jurisdiction. Irrespective of the outcome of the Arbitration, each Party shall bare 50% of the costs of Arbitration as well as their own costs and legal fees. Except where clearly prevented by the area in dispute, both parties agree to continue performing their respective obligations under the Services Agreement until the dispute is resolved.