Locum Staffing Limited Contract for the supply of a deputy providing medical services
(“Contract for Services”)
1 DEFINITIONS
1.1 In this Contract for Services the following definitions apply:-
“Assignment” means the period during which a Deputy GP Doctor is supplied by the Company to render the Services on behalf of the Company to the Client;
“Business Day” a day (other than a Saturday, Sunday or public holiday in England) when banks in England are open for business;
“Client” The client to whom the Company is providing the Services;
“Regular Doctor” person registered in the register of medical practitioners or the register of medical practitioners with medical registration normally responsible for the care of the patient
“Company” Locum Staffing Limited, Jansel House, Hitchin Road, Luton, LU2 7XH. Company Registration No: 07207674
L”Confirmation Document” means the Confirmation Document provided by the Company from time to time and incorporated in this Contract for Services by reference;
“Deputy GP Doctor” means the Deputy General Practitioner doctor supplied to provide the Services on behalf of the Company;
“Services” the provision of medical services via a Deputy GP Doctor.
‘’Medical Director’’ Medically trained lead, who assess complaints on behalf of the Company
1.2 Unless the context otherwise requires, references to the singular include the plural.
1.3 The headings contained in this Contract for Services are for convenience only and do not affect their interpretation.
2 SCOPE OF THIS CONTRACT
2.1 This Contract for Services constitutes a contract for services between the Company and the Client for the provision of a deputy for the patients regular doctor is unavailable
2.2 No variation or alteration of this Contract for Services shall be valid unless the details of such variation are agreed in writing between the Company and the Client.
3 DEPUTIES PROVIDED
3.1 The company will take over responsibility for the care of the patients from the regular doctor and provide medical services to the patients via its deputies
3.2 The company will be responsible for the vetting of the Deputy GP Doctor to ensure that the necessary checks have been done to make sure the doctor is suitable to conduct the medical services
3.3 The company reserves the right to supply any deputy GP Doctor as the company sees fit. The company may from time to time or on request provide the Name of a specific deputy, but may change the deputy provided without notice.
3.4 The client does not control, direct or supervise our deputy provided in any way.
4 CHARGES
4.1 The Client agrees to pay such charges of the Company as notified to the Client in the Confirmation Document (the “Charges”)
4.2 A registration fee off £0.00 is payable to set up this service with the Company
4.3 Charges for additional Services are calculated on a pro-rata basis of the agreed rate stated on the Confirmation Document.
4.4 All sums stated in this Contract for Services as payable to the Company are exclusive of VAT and, if applicable, the Client must pay VAT at the prevailing rate in addition to those sums subject to delivery by the Company to the Client of a valid VAT invoice.
4.5 The charges are invoiced to the Client on a weekly basis and are payable within 14 days of the date of the relevant invoice. Any sums payable by the Client under this Contract for Services which remain outstanding after the agreed date for payment shall carry interest (both before and after judgment) on a daily basis at an annual rate equal to 8% above the base lending rate of the Bank of England. The Client acknowledges that this is a substantial remedy for the purposes of the Late Payment of Commercial Debts Act 1998 (as amended).
5 VERIFICATION OF EXECUTION OF THE SERVICES
5.1 At the end of each week of an Assignment (or at the end of the Assignment where it is for a period of one week or less) the Client shall sign the Company’s time sheet verifying the number of hours worked in that week which the Deputy GP Doctor provided the Services.
5.2 Signature of the time sheet by the Client is confirmation of the number of hours the Deputy GP Doctor has supplied the Services and that the Services have been provided on a satisfactory basis. If the Client does not sign a time sheet produced for authentication by the Deputy GP Doctor because the Client disputes the hours stated, the Client shall inform the Company as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with the Company to enable the Company to establish what hours, if any, the Services were provided. Failure to sign the time sheet does not absolve the Client’s obligation to pay the charges in respect of the Services provided.
5.3 The Client shall be entitled to decline to sign a timesheet on the basis that he/she is dissatisfied with the Services provided by the Company and/or the medical services provided by the Deputy GP Doctor, on behalf of the company.
6 LIABILITY
6.1 The aggregate liability of all of the Company’s Persons (meaning the Company, all of its employees and any Deputising GP Doctor and other staff who do work on its behalf) in contract, tort or delict or under statute or otherwise, for any losses, damages, costs or expenses suffered or incurred by the Client arising from or in connection with this contract, however caused, including by our negligence shall be limited to the sum of £1 million. The Company accepts the benefit of the terms set out in this letter as agent and trustee for each of the Company’s Persons referred to above.
6.2 The Client shall promptly advise the Company prior to the provision of the Services of any special health and safety matters about which the Company is required to inform the Deputy GP Doctor and about any requirements imposed by law or by any professional body, which must be satisfied if the Company is to provide the Services.
7 COMPLAINTS
7.1 Any complaints by the Client about any matters under this contract or the Services provided should be addressed in the first instance to the Company’s Medical Director. .
7.2 Any complaint received by a patient should be addressed to the Company’s Medical Director, no later than 7 days from the date of receipt by the Client.
8 TERMINATION OF THE ASSIGNMENT
8.1 Termination of an Assignment does not amount to termination of the Contract for Services.
8.2 The Client agrees that should the Client terminate an Assignment prior to the expiry of its agreed terms, the Client shall pay to the Company on demand an amount equal to 50% of the Charges which would have been payable had the Assignment terminated on the agreed Termination Date as stated in the Confirmation Document. Any payment made under this Clause will be without prejudice to any other rights and remedies of the Company. Both parties agree that the amount payable is a genuine pre-estimate of the Company’s loss. The Client agrees that said payment is recoverable by the Company as a debt.
8.3 Either party shall notify the other immediately if it receives or otherwise obtains information which gives it reasonable grounds to believe that a Deputy GP Doctor supplied to the Client is unsuitable for the Assignment.
8.4 The Client may require the Company to remove, or procure the removal of the Deputy GP Doctor if:
(a) the Client considers, in its reasonable opinion, the Deputy GP Doctor’s performance to be unsatisfactory; and
(b) the Client had submitted a written complaint to the Company clearly setting out the alleged deficiencies in the Deputy GP Doctor’s performance; and
(c) the Company has been provided with two Business Days from receipt of the complaint to address the alleged deficiencies.
8.5 Should the Deputy GP Doctor be removed in terms of clause 8.4, the Company shall supply a further Deputy GP Doctor. Neither the Assignment nor the Contract for Services shall terminate as a result.
9 TERMINATION OF THE CONTRACT FOR SERVICES
9.1 Either party may terminate the Contract for Services by giving the other 5 Business Days of prior written notice.
9.2 The Client may not terminate the Contract for Services during an Assignment.
9.3 The Company may immediately terminate an Assignment and the Contract for Services if:
(a) if the Client is in wilful or persistent breach of its obligations under this Contract for Services; or
(b) if the Client becomes bankrupt or otherwise insolvent.
9.4 On early termination of the Assignment and/or the Contract for Services for any reason, the Client shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Company may submit an invoice, which shall be payable immediately on receipt.
10 NON SOLICITATION
10.1 The Client shall not, during the period of this Contract and for a period of 6 months thereafter, directly or indirectly solicit or entice away (or attempt to solicit or entice away) any person who is, or has been, engaged or employed by Locum Staffing in the provision of the Services.
10.2 Clause 10.1 shall apply regardless of whether the Client asserts that Locum Staffing staff have responded to an advert independently, approached the Client directly or discovered a vacancy through an intermediary.
10.3 The Parties may agree to waive the obligations set out in this Clause 10, but any such waiver must be made in writing and signed by both Parties by a Partner (Client) and a Director (Locum Staffing).
10.4 If the Client or any of their employees, agents, contractors or workers commits any breach of clause 10.1, the Client shall, on demand, pay to the Company the greater of a sum equal to one year’s basic salary or the annual fee that was usually payable by the Company to that employee, worker or independent contractor (based on an average of the annual fees payable over the preceding 24 month period prior to the breach) plus the recruitment costs incurred by Company in replacing such person.
11 LAW
11.1 This Contract for Services and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
11.2 The parties agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Contract for Services or its subject matter or formation (including non-contractual disputes or claims).
11.3 This Contract for Services has been entered into on the date stated at the beginning of it.