Terms & Conditions - Community Physio

The following Terms & Conditions of Sale apply, unless otherwise stated.

General

Any order / request for services resulting from our quotations (offer letter) shall include the acceptance of the following terms and conditions unless otherwise agreed in writing. Below are the terms and conditions under which we, Community Physio Ltd., provide physiotherapy services (the ' Services '). The exact Services we will provide to you will depend on what we agree and what is the result of the Initial Assessment (see paragraph 1 below). Before you agree that we will provide Services to you and/or carry out the Initial Assessment, please read the terms and conditions. If you have questions concerning them please ask before entering into a contract with us.

Initial Assessment

Before we provide any Services, we shall perform an initial assessment of your needs and requirements ('Initial Assessment’). An Initial Assessment consists of:-

your discussion of your needs with us;
an evaluation of your needs;
a full objective examination of your problem, which will involve following our reasonable instructions as set out below; and
Developing a programme of recommended action to address your needs and requirements.

An Initial Assessment takes approximately 45 minutes and will involve talking about your past medical history and what the issues relating to your condition are. We will also require you to sign this consent for treatment form and release of information.

Validity

Our quotations (Physiotherapy Service Offer letters) are valid for 30 days from the date shown, and made without any engagement by us and are subject to alteration without notice. Orders resulting therefrom shall not be binding until officially accepted by us.

Result

Please note that after the Initial Assessment has been carried out, we may decide that we cannot provide any Services if, for example, treatment for the condition is not suitable or appropriate.

Performance

Performance of the Services Initial Assessment

We will normally provide you with the Services only after an Initial Assessment has been carried out. If there is a significant period between an Initial Assessment and us providing the Services, we may ask you to confirm in writing that the Initial Assessment remains accurate, or ask you to undergo another Initial Assessment.

Outcomes

It is not possible that any particular result or outcome can be guaranteed as a result of us providing the Services. Our aim is to provide the Services using reasonable care and skill. Some patient's conditions may take longer than others to treat and we will regularly reassess the treatment plan.

Sessions

If we have not agreed the number of sessions to be provided, we shall provide sessions on a session-by-session basis. We will agree the date and time of the first session and any subsequent sessions by telephone, in person or by e-mail.

Your Rights

Your rights and responsibilities Following our reasonable instructions

In order for us to provide proper treatment, we will give reasonable instructions which you should follow. This will include, for example, removing some items of clothing for many conditions to be treated.

Assignments & Homework

We may set you assignments to be completed between sessions. You are not obliged to complete these assignments; but if you do not complete them, your progress in achieving the desired outcomes may be slowed down or not achieved.

Stopping a Session

We may stop a session at any time and not continue it if we consider that you are not following our reasonable instructions. If this happens, you will still be liable (at our discretion) to pay the fee for that session.

Costs

Costs of sessions and payment Fees

Our fees for each session are as confirmed by us to you. We will usually require you to provide credit card details. We will only take payment from that card if for any reason a fee for a session is not paid and we cannot recover that fee from you. If all fees have been paid and the treatments have concluded, we will destroy that copy of your credit card. In no circumstances we will provide those card details to any third party.

You are personally liable to pay all of our fees and any surcharges incurred, such as any cancellation fees. We are happy to accept you as a client if you are arranging to pay through a third party, such as private medical insurance, however it is your responsibility to check with that third party whether you have to pay any excess and how much treatment they will pay for, as you will be liable for any payment they do not make.

Payment

Notwithstanding the above proposal to take copies of your credit card to secure payment, we accept payment in cash or cheque. Payment will be by you to us at the end of each session for that session.

If you are late for a session or if you or us cancel or rearrange a session if you are late

If you are late arriving at a session, the session will begin on your arrival and continue until the time when it is scheduled to end. If you wish the session to overrun, and we agree, then you may be charged at our discretion for the extra time we spend in providing the Services.

If you cancel or do not turn up for a session

If you have booked a session and you cancel with less than 24 hours' notice or do not turn up for the session, then you are liable to pay the cost of that session.

Please be aware that, in many cases, insurance companies will not pay our fees if you have not turned up or cancelled with less than 24 hours' notice and as is the case above, if your insurance company will not pay, you will be liable for such payment.

If We Cancel

If we cancel

On occasion, we may have to cancel a scheduled session. This may occur, for example, if a staff member is sick or if a preceding session has overrun. If we have to cancel a scheduled session, we will book you another appointment as soon as reasonably possible. No charge will be made to you for the session cancelled by us.

Confidentiality

We shall treat all personal and business information supplied by you as confidential. We shall not disclose such information to any third party without your prior permission, except where required by law or where action might be necessary to protect you or someone else.

Data Protection

We are registered under the Data Protection Act 1998 and we shall treat all personal data in accordance with the requirements of that Act.

Outcomes

We shall seek to enable you to achieve your desired outcomes. No outcome can be guaranteed, however, and you have sole responsibility for acting on any recommendations or advice Community Physio may give. We have no liability for any loss incurred by you, whether financial or otherwise, following our provision of the Services, nor for any perceived failure by you, whether justified or otherwise, to achieve your desired outcomes or goals.

Liability & Indemnity

Liability and indemnity Limitation on our liability to you

Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount (and not exceeding the amount you pay in total for the Services), having regard to such factors as whether the damage was due to a negligent act or omission by Community Physio. Nothing in these conditions will limit our liability for death or personal injury caused by our negligence or the negligence or our employees, agents or subcontractors or fraud and fraudulent misrepresentation.

Limitations

Limitation and exclusion of liability

We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Services. Except as set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract. This clause will survive the termination of the contract.

Indemnity

You agree that you will indemnify us against any and all loss or damage suffered, including any legal fees or costs, as a result of any breach of this agreement by you.

Variation

We may change any of these terms or conditions, including our fees.

Early termination

In exceptional circumstances, such as illness or other commitments, inappropriate behaviour by you, refusal to be treated in a reasonable way, actual or potential conflict of interest, or other reasons, we may decide to terminate the Services early and or refuse or be unable to provide further sessions to you. In such circumstances, we shall give you reasonable notice of termination where practicable and will refund to you any advance payment made for sessions not yet provided.

Severance

If a court or any other competent authority finds that any provision of this contract (or any part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted and the validity and enforceability of the other provisions of the contract will not be affected.

Effects outside our Control

Events outside our control

We will not be liable to you as a result of any delay or failure to perform our obligations under this contract as a result of any event beyond our control including but not limited to, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, fire, flood or storm or breakdown of machinery.

Contacting

Contacting each other

If you wish to send any notice or letter then you should send it to our principal place of business or if none is apparent, the venue where your treatment takes place. If we wish to send you a letter or notice, we shall use the address you have given in the Initial Assessment. Contracts (Rights of Third Parties) Act 1999 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

Disputes

Disputes and governing law

If you are unhappy with the Services Community Physio provides, we hope you will discuss any problems or issues with the practitioner who treated you first. If that does not resolve matters to your satisfaction, the matter will be referred to an independent party who will handle the complaint. This agreement is governed and construed by English law and the parties submit to the jurisdiction of the courts of England and Wales.

Guarantee and General Liability

Where appropriate, customers will travel to and collected from our clinic free of all expenses to us. If we are required to meet any such expenses they will be charged to you at their full cost, including the costs of accommodation, flights, transport and expenses. Any dispute arising out of or relating to this Agreement or the breach thereof shall be governed by UK law without regard to or application of choice of law rules or principles. Both parties hereby consent to the exclusive jurisdiction of such courts, and expressly waive any objections or defence based upon lack of personal jurisdiction or venue.

Delay, Loss or Damage

EEvery endeavour will be made to despatch our products/implement services on the agreed date but we cannot accept any responsibility whatsoever for delay in despatch, loss or damage to customers property whilst in our possession arising from fire, floods, strikes, lock-outs, war, civil commotion, accidents or any other cause outside our control.

Intellectual Property

Intellectual Property: Copyright, Patents and Designrights

All right, title and interest in and to our products supplied and any Confidential Information made available to you pursuant to this Agreement, including without limitation all Intellectual Property Rights therein, shall remain exclusively with the Supplier (Community Physio) and our licensors, as applicable. Supplier agrees it will at its sole cost and expense, defend, indemnify, and hold harmless the Indemnified Parties from and against all Claims, to the extent such Claims arise out of, result from, or are attributable to the actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or confidential information of any third party by Supplier or its employees, subcontractors, consultants, representatives, and agents; provided, however, Customer gives Supplier prompt notice in writing of the Claim. All Rights Reserved. Copyright & Designright - Community Physio Ltd.

Default

Should any default be made in paying any sum due to us or should a Receiving Order or Winding up Order be made against the customer, then in any such case we may, at our option exercisable at any time, either suspend all further deliveries/training/treatment until the default be made good or cancel the order in so far as any further work remains to be done, by written notice to the customer of our intention so to do, but in either case without incurring any liability and without prejudice to the right to recover any payment due. The customer shall indemnify us for any loss sustained in consequence of the non-completion of the contract.

Payment & Invoicing

In consideration of the products and/or services granted to Customer hereunder and the services to be performed by Supplier hereunder, Customer shall pay to Supplier for each purchase made under this Agreement which will be invoiced as provided by the Payment Schedule. Upon receipt of the Suppliers Invoice, the Customer shall pay in full the monies agreed within 5 working days of the date of the Invoice. Failure to pay within this agreed period could result in additional late payment charges of 5% of the amount due, per each month late.