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Terms and Conditions For Practitioners

1 Definitions
1.1 “Confidential Information” in relation to a patient, means all information relating to that patient including, without limitation, that patient’s, name, address, age, symptoms and affairs, which is disclosed, communicated or delivered to the other party or which comes to the other party’s knowledge, or into its possession, before, on or after the date of these terms and conditions.
1.2 “Appointment Line” means the Practitioner Appointment Line, a trading name of Overland Associates Limited, incorporated in England, number 5432163, registered office at Suite 24, 58-60 Kensington Church St, London, W8 4DB
1.3 “Party” means both Practitioner and Appointment Line.
1.4 “Practitioner” means the Practitioner (whether sole trader, company or clinic) referred to in the attached application form as the Principal Practitioner, Practice Owner or Practice Manager

2 Appointment Line agrees that:
2.1 From time to time it shall direct patient introductions to Practitioner’s receptionist from its call centre.
2.1.1 During business hours, calls will be placed through to Practitioner’s receptionist direct from the Appointment Line call centre after the patients confirm they want to make an appointment with the Practitioner who is identified as convenient. The call centre operator will first speak to Practitioner’s receptionist and introduce the call as being a patient referral from the Appointment Line and provide the receptionist with a patient reference number.
2.1.2 If the Practitioner’s receptionist is unable to take the call directly, the patient details will be sent to Practitioner by email or fax (as advised by Practitioner).
2.1.3 Outside business hours, patient details will be emailed or faxed to Practitioner (as advised by Practitioner).
2.2 Provided that it is informed by Practitioner within 5 days of the event, Appointment Line will not charge Practitioner for a patient introduction if:
2.2.1 No appointment is booked with Practitioner; or
2.2.2 An appointment is booked, but the patient does not turn-up for the appointment

3 Practitioner agrees to:
3.1 Respond to patient introductions received outside business hours by 10 a.m. next business day;
3.2 Treat patients to the best of their professional ability and manage the patient relationship in such a way that Appointment Line is unlikely to be called upon to refund to any patient the treatment fee charged by Practitioner under the Appointment Line patient guarantee;
3.3 Advise Appointment Line if, for any temporary period, Practitioner is unable to accept patient introductions, e.g., due to holiday absence or staff absences; and
3.4 Advise Appointment Line within five (5) days of the event if any patient introduction does not result in a booked appointment or any appointment where the patient does not turn-up.
4 Fees, Statements, Payment and VAT
4.1 Fees for the Appointment Line service will be charged monthly at the rate advised per patient introduction during the period. This is a one-time introduction fee.
4.2 Any failure of a patient to make an appointment or failure to turn-up for a booked appointment must be notified to Appointment Line within 5 days of the event in order for Statements to be corrected within the billing cycle.
4.3 Practitioner Invoices will be issued on the 5th or next business day of each month. If Practitioner has any queries relating to the Statement such questions should be raised within ten (10) days of receiving the Invoice.
4.4 Payment terms by direct debit on the 20th or next business day of each month.
4.5 Appointment Line may vary the fee per patient by providing thirty (30) days written notice to Practitioner.
4.6 Appointment Line may charge Practitioner interest on any overdue amount, calculated daily from the due date until date of payment, at the lower of 1.5% per month and the maximum rate allowable at law.
4.7 Practitioner must pay Appointment Line on demand any value added tax or any other like tax (”VAT”) which is payable as a consequence of any supply made or deemed to be made or other matter or thing done under or in connection with the Appointment Line service. Appointment Line will issue Practitioner with a tax invoice.

5 Exclusion of Warranties
5.1 Appointment Line shall use all reasonable efforts to ensure that all information provided to Practitioner is accurate. Except as otherwise expressly stated in these terms and conditions, Appointment Line makes no express or implied warranties to Practitioner and expressly excludes all warranties, conditions and terms implied by statute, general law, or custom, including, without limitation, any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement, except for any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void.

6 Limitation of Liability
6.1 To the extent permitted by law, where the services Appointment Line supplies under these terms and conditions are subject to warranties or terms implied by statute, general law or custom that cannot be excluded, restricted or modified Appointment Line’s liability for breach of any such condition or warranty will be limited at Practitioner option to the supply of the services again or payment of the cost of supplying the services again.
6.2 To the extent permitted by law, Appointment Line’s liability to Practitioner for any loss or damage, whether arising in contract, negligence or otherwise shall not exceed the total amount Appointment Line actually received from Practitioner in fees received for the patient introduction giving rise to the loss or damage. Appointment Line will not be liable in any event (whether in contract, tort or otherwise) for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits or loss or corruption of data or loss of anticipated savings, loss of goodwill or economic loss, even if Appointment Line has been advised of the possibility of such loss or damage.
6.3 Each party’s liability in contract, tort, negligence, under statute or otherwise must be reduced by the extent, if any, to which the other party contributed to the loss.

7 Intellectual Property
7.1 Practitioner acknowledges that the Appointment Line service is supplied subject to copyright and other Intellectual Property Rights. Appointment Line is the owner, or authorised licensee, of all rights, title and interests in and to the Appointment Line and, except as otherwise specifically granted under these terms and conditions, Practitioner obtains no right, title or interest in or to the Appointment Line.

8 Confidentiality
8.1 Neither Party will disclose to any third party without the prior written consent of the other any Confidential Information received from the other Party. This restriction does not apply to information which is or becomes generally available to the public (other than as a result of a breach of an obligation under this clause) or is required by law to be disclosed.
8.2 Each Party will only use the Confidential Information of the other party for the sole purpose of performing its obligations under this Agreement.

8.3 Calls may be monitored for training and quality control purposes in accordance with The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000.

9 Termination and Consequences of Termination
9.1 Either party may terminate this Agreement at any time.
9.2 Upon termination, Practitioner agrees to pay to Appointment Line any outstanding charges for patient introductions made prior to termination.
9.3 The provisions of clauses 8, 9 and 10 survive termination or expiration of this Agreement.

10 General Provisions
10.1 The completion of an application form governed by these terms and conditions shall constitute and agreement between the parties commencing on the date the application form is received by Appointment Line, (the “Agreement”).
10.2 The Agreement may only be varied by agreement of both parties in writing.
10.3 All notices to be given by a Party to the other Party must be in writing and shall be sent by facsimile or electronic mail to their respective addresses on the application form or as varied by written notice.
10.4 Any provision of these terms and conditions will be read down to the extent necessary to prevent that provision or these terms and conditions being invalid, voidable or unenforceable in the circumstances.
10.5 Practitioner may not assign or attempt to assign any of its rights or obligations under these terms and conditions without Appointment Line’s prior written consent which shall not be unreasonably withheld.
10.6 Other than in relation to any payment obligations under these terms and conditions, neither Party will be in breach of its obligations under these terms and conditions to the extent that the failure or delay occurs because of a force majeure event and the affected party will be granted a reasonable extension of time to complete its performance of any obligations affected by that force majeure event.
10.7 These terms and conditions are governed by English law.
10.8 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these conditions nor any Contract made under them and no person other than Practitioner or Appointment Line shall have any rights thereunder, nor shall these conditions or any contract be enforceable under that Act by any other person.

11 Dispute resolution
11.1 In the event of a dispute arising out of or in connection with the Agreement, both parties agree to submit to binding arbitration. In such case, both parties agree to the appointment of one (1) arbitrator, agreed by both parties, and, failing agreement by the parties, to be selected by the London Chamber of International Arbitrations (”LCIA“). The arbitration shall be conducted in London in accordance with the rules, regulations and procedures of the LCIA, and the decision of the arbitration panel shall be final and binding on both parties.


Issue Date: 20 October 2008

Copyright

Unless otherwise stated all contents of this web site are © Copyright The Physiotherapy Site 2006-2008. First published in London, United Kingdom in 2006

Registered Office AddressOverland Associates Limited is registered in England and Wales with company number 5432163 and has its registered office address at:
58-60 Kensington Church St
London, W8 4DB
United Kingdom


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