Section 1 — Who I am and how I work
I work as a fully independent professional under Articles 2222 and 2230 of the Civil Code — with no employment relationship and no subordination to the client. I am a certified OSS professional with VAT number 01103920144, and I provide home care within the agreed professional scope, as documented in the attached Activity Program (Annex A). The applicable care category for this contract is: [Category A — Elderly care / Category B — Disability support / Category C — Minors with special needs]. The Activity Program may be updated by mutual written consent without reissuing the full contract.
The minimum duration of each care session is 5 consecutive hours — with no exceptions, regardless of the profile or session type. The agreed duration for this contract is [___] hours per session. The session schedule is flexible and agreed between the parties. What is fixed by contract is the session duration, the number of sessions per period, and the session type (daytime 07:00–22:00 / passive night / active night). Any time-slot change requires 48 hours' notice and my explicit consent.
Section 2 — Fees and payment
Agreed hourly rate: € [___] / hour · Session type: [daytime / passive night / active night]. Any complexity or distance surcharge: € [___] / hour — [reason]. Full payment for the agreed period is due before sessions start — weekly by the previous Monday or monthly by the first day of the month. No advance payment = no confirmed collaboration. I accept payment only by bank transfer (IBAN: [___]) or cash within legal limits. I issue an electronic invoice via SDI within 12 days of receiving payment. All payments are in Euro — any international transfer fees are fully borne by the client.
No travel surcharge applies within the primary operating area (Dervio / Province of Lecco and nearby areas). For interventions outside the primary area — including Milan — a distance surcharge is agreed in writing before the collaboration begins and indicated in Article 2 above.
The agreed rate remains fixed unless there are significant changes in the care profile — higher dependency, new care needs, change of session type, or geographic extension. I communicate any proposed rate review in writing with at least 7 days' notice. The client may accept or refuse. If refused, the collaboration ends at the end of the already-paid period with no penalties for either party.
Section 3 — Cancellations and withdrawal
Cancellation policy — one threshold, no exceptions, regardless of the reason (including medical emergency or hospital admission): more than 7 days' notice before the period starts → full refund of the advance payment. Less than 7 days' notice before the period starts → the full advance payment is retained by me. Cancellation must be communicated in writing by email or WhatsApp. Verbal communication has no legal validity under this contract. Any refunds are returned within 5 business days by bank transfer.
Client withdrawal: the client may withdraw at any time with at least 15 calendar days' written notice. During the notice period, already-paid sessions continue normally. Advance payment already received for completed sessions is retained. Future periods not yet paid create no obligation for either party. My withdrawal: I may withdraw only for just cause (non-payment, dangerous behavior, persistent out-of-scope requests, force majeure). I complete all sessions for the already-paid period before the withdrawal takes effect, except in cases of immediate and serious just cause. Future unpaid periods require no notice — they were never activated.
The contract terminates automatically upon my written notice in the event of: non-payment after 5 business days, repeated out-of-scope requests after a formal refusal, behavior that puts my safety at risk, false statements at signing, serious breach of confidentiality, or systematic unavailability of the client for two or more consecutive periods. No court judgment is required. Termination takes effect when my written notice is received (Art. 1456 Civil Code).
Section 4 — OSS professional scope
I work exclusively within the certified OSS scope (Law 42/1999, Ministerial Decree 520/2001). The following activities are permanently excluded and will always be refused — regardless of urgency or the client's request: medication administration or management, any kind of medical procedure, clinical diagnosis or health assessment, wound care or post-operative treatment, psychological or therapeutic sessions, and 24-hour live-in home care — a service outside my professional scope and not offered. Any clinical situation I identify during a session is immediately reported to the family and directed to the appropriate healthcare professional. I am not responsible for outcomes requiring clinical intervention beyond my certified scope. I am also not responsible for damage caused by incomplete or incorrect information provided by the client during assessment.
I may temporarily suspend sessions — without being in breach — in the following cases: non-payment (automatic, without notice), unsafe environmental conditions at the client's home, my temporary inability to work (notified as soon as possible), or force majeure. Sessions suspended due to my inability are refunded or credited to the following period. Sessions suspended for non-payment are governed by Art. 4.
Section 5 — Confidentiality and personal data
I keep the strictest confidentiality regarding all information about the assisted person, the family, health conditions, habits, and any other information obtained during my work. Such information will never be shared in any form without the client's explicit written consent, except where required by law (e.g., emergency reporting). The confidentiality obligation applies to both parties and remains in force for 3 years after the contract ends for any reason.
Personal and sensitive data are processed exclusively for the purposes of this collaboration, in accordance with EU Regulation 2016/679 (GDPR) and Legislative Decree 101/2018. I am the controller. Health data (special category under Art. 9 GDPR) are processed only with the client's explicit consent. Data are stored for the duration of the collaboration, plus 10 years for tax obligations and 3 years for potential contractual disputes. The client has the right to access, rectify, and request deletion of their data at any time by contacting me in writing.
Section 6 — Applicable law and disputes
Force majeure events (natural disasters, declared pandemics, government restrictions, documented sudden illness) suspend my duty to perform without constituting a breach. I notify the client in writing as soon as possible. Advance payment for sessions not delivered during force majeure is fully refunded within 5 business days. If the event lasts more than 30 days, either party may terminate without penalties.
This contract is governed exclusively by Italian law (Arts. 2229–2237 Civil Code). Before any legal action, both parties agree to attempt an amicable resolution (15 days) and, if necessary, civil mediation under Legislative Decree 28/2010. The exclusive jurisdiction for any unresolved dispute is the Court of Lecco. This clause is expressly approved under Arts. 1341–1342 Civil Code.
The client expressly and specifically approves the following clauses under Arts. 1341–1342 Civil Code: advance payment as an activation condition (Art. 2) · cancellation policy — full retention under 7 days (Art. 4) · 15-day withdrawal notice (Art. 5) · automatic termination clause (Art. 6) · OSS scope exclusions (Art. 10) · exclusive jurisdiction — Court of Lecco (Art. 14).