Terms and conditions – V2.7.3
Agreement between Medico Partners Ltd and Candidates
The
following Terms and Conditions govern the use of any services provided by
Medico Partners Limited (the “Medico Partners”) to you as a Candidate (the “Candidate”)
via the Medico Partners Platform (the “Platform”).
Please read these terms of use
carefully before you start using the Platform. By using the Platform, you as a Candidate indicate
that you have read, understood, and accepted these terms of use and that you
agree to abide by them. If you do not agree to these terms of use, please
refrain from using the Platform.
1. DEFINITIONS
In these Conditions the following
words shall have the following meanings:
“Agreement” – means the agreement between Medico Partners and the Client
incorporating these Terms and Conditions as amended from time to time.
“Candidate” – means an individual worker Introduced by Medico Partners to the
Client to work temporarily for and under the supervision and direction of the
Client.
“Candidate Fees” – means the fees payable to the Candidate for a
session worked.
“Client” – means Medical Practice, Hospital, Out of Hours Provider, Care
Home and other Agency, which has registered with the Platform and is using the Services.
“Data Protection Laws” – means the Data Protection Act 1998, any applicable statutory or
regulatory provisions and all European Directives and regulations in force from
time to time relating to the protection and transfer of personal data.
“Engage” – means the employment of the Candidate or engagement directly or
indirectly through any employment business other than through Medico Partners
(whether for a definite or indefinite period) by a Client as a direct result of
any Introduction or Assignment to the Client and the terms Engaged or
Engagement shall be construed accordingly.
“Engagement Fee” – Fee payable by the Client should they engage directly or
indirectly through any employment business other than through Medico Partners
the engagement fee shall be as specified in Medico Partners Price List.
“Introduce” – means the introduction of the Candidate to the Client by means
of the Platform in relation to a Vacancy. Introduction and introduce shall be
interpreted accordingly.
“Introduction Criteria” – means the criteria used by Medico Partners in order to determine
whether to make Introductions of Candidates to Clients.
“Legal Costs” – means the legal or any other costs and /or expenses incurred by
Medico Partners in preparing legal proceedings for issue, issuing legal proceedings,
pursuing any such claim to trial or earlier resolution and taking all
reasonable steps to enforce its rights against the Candidate or the Client.
“Member Profile” – means the profile of information required by Registered Users on
registration to the Platform.
“Medico Partners” – means Medico Partners Ltd incorporated and registered in England
and Wales with company number 9355100 whose registered address is The CIBA
Buildings, 146 Hagley Road, Birmingham, B16 9NX.
“Medico Partners Platform” – means the online Platform for
providing introductions currently hosted at www.medicopartners.com, mobile app
and any sub-domains of this site unless expressly excluded by their own terms
and conditions.
“Registration” – means registration via the Platform or by providing Medico
Partners Team with the relevant documents in order to set Candidate’s Member
Profile on the Platform.
“Registered User” – means the Client or the Candidate who has registered with the
Platform.
“Requirement” – means the introduction of the Candidate to a Vacancy to perform
certain services.
“Requirement Terms” – means standard terms and conditions supplied by Medico Partners
for the Client to use to govern the relationship between it and the Candidate.
“Routine Booking” – means the booking of the Candidate no less than one week prior
to the session start date.
“Services” – means the provision of an online match-making service that
brings together Clients and Candidates looking for work.
“Service Fees” – means a fee for creating, hosting, maintaining, and providing the Platform, and communicating with Clients
on your behalf.
“Short notice booking” – means booking of the Candidate made within 72 hours of the
session start time.
“User ID” – means the username allocated to a Registered User, which grants access to the Platform
services and identifying such Registered User. The username will be the email
address used by the Candidate which will need to be verified by the Candidate. Once the Candidate has a verified the Email address, the Candidate can browse the
Platform. However, the Candidate’s profile will only become active after the verification process by the admin team. This includes the verification of the personal information and uploaded documents, and once approved the profile will become live and the Candidate
can start using the platform.
“Vacancies” – means the vacant positions or sessions as the Client posts on
the Platform from time to time in accordance with the Agreement.
“Vacancy Criteria” – means the information required from the Client in relation to
the Vacancy to be able to post that Vacancy on the Platform.
2. In these Conditions, the following rules apply:
a. Condition, schedule, and paragraph
headings shall not affect the interpretation of the Agreement.
b. The schedule(s) form part of the
Agreement and shall have effect as if set out in full in the body of the
Agreement and any reference to these Conditions includes the schedule(s).
c. Unless the context otherwise
requires, words in the singular shall include the plural and, in the plural,
include the singular.
e. Unless the context otherwise
requires, a reference to one gender shall include a reference to the other gender.
A reference to a statute or statutory provision is a reference to it as it is
in force for the time being, taking account of any amendment, extension, or
re-enactment and includes any subordinate legislation for the time being in
force made under it.
f.
A reference to writing or written includes faxes and e-mails.
g. Any words following the terms
including, include, in particular or any similar expression shall be construed
as illustrative and shall not limit the sense of the words, descriptions,
definitions, phrases or term preceding those terms.
3. Obligations
a. These Conditions set out the
Agreement between Medico Partners and the Candidate for the provision of the
Introductions by Medico Partners via the Platform.
b. Medico Partners shall provide and
maintain the Platform to allow the Candidate to view and apply for vacancies
posted on the Platform by Clients and for Medico Partners to make Introductions
of Candidates who fulfil the Vacancy Criteria to Clients in respect of those
vacancies in accordance with the Introduction Criteria.
c. The Candidate must accept all
requirements posted on the Platform as a self-employed person, a limited company
or PAYE.
d. The Candidate shall throughout the
term of each Engagement under these Terms and Conditions act in accordance with
Good Practice.
e. The Candidate shall comply with
health and safety, site and security policies, procedures and regulations, and
risk assessments and inform the Client about any potential hazards in the workplace.
f. The Candidate shall provide through the Platform copies of any
relevant qualifications and trainings relevant to the applied Vacancy.
g. If successful the Candidate will be introduced to the Client for an interview. By accepting our terms and conditions the candidate can not apply for jobs that are advertised or made available directly without Medico Partners for a period of 12 months.
4. Registration and user ID
a. The Candidate will be asked to
provide a User ID to register. The User ID will be the email address of the
Candidate and upon acceptance of these Conditions by clicking on the “submit”
button, from that point, the Candidate will become a Registered User, and at
which point the Agreement shall be considered to be formed. The Candidate is
solely responsible for all actions taken under that User ID. It is the
responsibility of the Candidate to keep its User ID safe. The User ID will act
as the Candidate’s identity to other Registered Users of the Platform. The
Candidate must immediately inform Medico Partners of any unauthorized use of
its User ID or any other breach of security regarding the Platform.
b. To use the Platform, the Candidate
must populate his/her Member Profile. Upon successfully providing this
information in compliance with the minimum requirements applicable to
Candidates as Registered Users, the Candidate can use the Platform.
c. The Candidate warrants and
represents that all information provided by him/her on registration and
contained within his/her Member Profile is and continues to be, accurate and
not misleading.
d. Provisions of this agreement apply
to Registration made by the Candidate on the Platform and Registration made by
Medico Partners Team on behalf of the Candidate.
5. Meeting Place /(Interface)
a. The Platform acts as a Meeting
Place allowing Registered Users to make arrangements for the Introduction of
Candidates and Clients and Medico Partners Ltd shall use reasonable skill and
care to make such Introductions. Medico Partners has no contractual involvement
in the Requirements which will be governed by the Requirement Terms, or such
terms agreed between the Client and the Candidate, from time to time. The
Client may use its own standard terms provided that the Client have uploaded
them to the Platform, they are not incompatible with these Conditions and do
not offer any less favourable terms to Medico Partners than the Requirement
Terms. Registered Users (whether as Clients or Candidates) accept sole
responsibility for the legality of their actions under laws applicable to them.
b. Although the Registered User must
comply with the Member Profile minimum requirements to be able to use the
Platform, Medico Partners do not confirm the purported identity of Registered
Users or the validity of the information which Registered Users provide on
registration or otherwise post to the Platform.
c. The Platform allows the Registered
User (whether the Client or the Candidate) to leave feedback and rate either
the Candidate or the Client, as the case may be. When leaving any such feedback
or rating, the Registered User shall comply with the Feedback Policy. Medico
Partners will consider any failure to comply with the Feedback Policy a
material breach of the Agreement.
d. In the event of any dispute Medico
Partners may in its sole discretion, so as to assist in the promotion of good
Practice amongst its Registered Users, disclose information it holds regarding
the identity of the Registered User to any other Registered User involved in a
dispute or the relevant other third party or the regulatory body investigating
any such dispute or otherwise as may be required by law.
e. If the Candidate has any right,
claim or action against any other Registered User arising from its use of the
Platform, the Candidate agrees to pursue such right, claim or action
independently, and the Candidate releases Medico Partners Ltd (and its parent,
subsidiaries, affiliates, officers, directors, agents and employees) from all
and any claims, liability, damages, losses, costs and expenses, including legal
fees, known and unknown, arising from or in any way connected with such right,
claim or action.
6. Requirements
a. Once the Client has posted the
Vacancy on the Platform, Medico Partners shall promptly notify those Candidates
who fulfil the Vacancy Criteria, of such Vacancy. Once the deadline for
submitting interest in the Vacancy closes, the Client shall promptly deselect
those Candidates it does not wish to be matched to for the Vacancy (creating a
shortlist). When the Client closes the shortlist, Medico Partners shall
promptly review the shortlist of Candidates and match the Candidate to the
Vacancy, on the first come–first-served basis. Medico Partners will then
promptly confirm the Requirements with the Candidate and the Client.
b. If Medico Partners become aware of
any Candidate who no longer meets the minimum criteria for the Member Profile,
Medico Partners shall not introduce any such Candidate to the Client.
c. If the Candidate after applying for
the Vacancy on the Platform, accepts a position otherwise than through the
Platform or for any other reason becomes unavailable for the Vacancy applied
for, where this is prior to the Vacancy closing, the Candidate shall
immediately withdraw its application for the Vacancy from the Platform and
notify Medico Partners of the same and where this is after the Vacancy has
closed the Candidate shall immediately notify the Client and Medico Partners.
7. Service Fees & Payment terms
a. Medico Partners shall charge
Service Fees to the Client for each Requirement but shall not make any charge to
the Candidate for Introductions or the Candidate’s use of the Platform.
b. Once the agreed work has been completed, the Candidate will receive a link to complete an e-timesheet. The link will open an editable timesheet with pre-agreed hourly rate and times. The Candidate can only edit the times (if different from booked times)and then ‘complete and send’ the timesheet which will be sent to the Client to authorise. Once the Client authorizes the timesheet, an invoice will be generated on behalf of the Candidate using the times and rate agreed(self-billing invoice). The Client will then make the payment to Medico Partners who will receive in a separate members bank account and transfer the Candidate fees on their behalf as a representative for the parties.
c. If, following the Introduction of
the Candidate by Medico Partners to the Client the Client engages the
Candidate, the Client will pay the Engagement Fee.
8. Term and termination
a. The Agreement may be terminated
forthwith by either party giving notice in writing if the other is in material
breach of the terms of this Agreement has failed to remedy the breach within 14
days’ notice in writing requiring it to do so.
b. Either party may terminate the
Agreement immediately on giving notice in writing to the other party if:
I.
If the other party becomes insolvent, is unable to pay its debts,
ceases to trade, has a receiver appointed over the whole or any part of its
assets, has an administrator appointed, enters into any composition with
creditors generally, is wound up or any step is taken towards any of these events.
II.
If the other party (being an individual) is the subject of a
bankruptcy petition; and
III.
The other party (being an individual) dies or, by reason of
illness or incapacity (whether mental or physical), is incapable of managing
his/her own affairs or becomes a patient under any mental health legislation.
c. Any termination of the Agreement
however caused shall not affect:
I.
Any rights or liabilities which have accrued before the time of
termination; or
II.
The continuance in force of any provision of the Agreement, which expressly or by implication
is intended to come into or continue in force after termination.
9. Publicity and Announcements
a. Each party shall ensure that,
except as may be required by law or any regulatory authority, neither it nor
any of its employees, agents or contractors (or any tier) shall make, or cause
to be made, (whether to the employees, customers, suppliers, public, press or
otherwise) any communication, media statement, announcement or other disclosure
whatsoever, whether written or oral, about the other party to the Agreement,
the existence of the Agreement or any matter referred to in the Agreement
without the other party’s prior written consent to its contents.
10. Audit and record-keeping
a. Medico Partners shall keep and
maintain until three years after the agreement has been completed, or as long a
period as may be agreed between parties, full and accurate records of the
agreement including, in particular:
I.
The services provided by Medico Partners under the Agreement.
II.
Details of each Requirement
and the date from which it commenced; and
III.
All invoices produced by Medico Partners on behalf of the
Candidate.
b. Medico Partners shall on request
provide the Candidate such access, on reasonable notice and within normal
working hours, to those records as may be reasonably required in connection
with the Agreement.
11. Indemnities
a. During and after the Agreement, the
Candidate agrees to protect, indemnify, defend and hold harmless Medico
Partners and any successor to it, and to the extent required from time to time
by Medico Partners, (or their successors) its officers, agents, and employees,
from and against any and all expenses, damages, claims (whether valid or
invalid and whether deemed alleged or upheld), suits, losses, actions,
judgments, liabilities, and costs whatsoever (including legal fees on a full
indemnity basis) arising out of, connected with, or resulting from the
Candidate’s negligence, misrepresentation or any act or omission by the
Candidate whether in breach of any obligation to be performed by the Candidate
under the Agreement or otherwise.
b. The provisions of this condition 11
shall survive termination of the Agreement.
12. Confidentiality
a. Neither party shall during and
after termination of the Agreement, without the prior written consent of the
other party, use or disclose to any other person any information of the other
party which is identified as confidential, or which is confidential by its
nature.
b. Each party shall on demand and on
termination of the Agreement surrender to the other party all materials
relating to such confidential information in its or its personnel’s agent or
representatives’ possession.
13. Data protection
a. Medico Partners will:
I.
Process any personal data in respect of the Candidate in order to
fulfil the Agreement and any Requirement.
II.
Not transmit such data and information to a country or territory
outside the European Economic Area without the Client’s prior express written
consent; and
III.
Take such technical and organizational measures against
unauthorized or unlawful processing of such data and information and against
accidental loss or destruction of, or damage to, such data and information as
are appropriate as a data processor.
b. The Candidate warrants that:
I.
in relation to an Engagement, it shall comply strictly with all
provisions applicable to it under the Data Protection Laws.
II.
he/she has given his/her express consent to Medico Partners to process personal data for purposes connected with
the performance of an Engagement.
c. The Client warrants that in
relation to the Engagement, it shall comply with all provisions applicable to
it in relation to the Candidate personal data under the Data Protection Laws
and it shall only process such personal data in accordance with the terms of
the Client’s privacy policy.
14.
Warranties and undertakings
d. Medico Partners warrant that they
have the necessary expertise to provide the services contemplated in the
Agreement and will perform them in keeping with the highest professional
business standards by using appropriately qualified, experienced, and trained
personnel.
b. Medico Partners warrant that they do,
and they shall comply with the all–relevant statutes, laws, regulations, and codes of the Client from
time to time in force in.
c. Each party warrants that it has
full capacity and authority to enter and perform the Agreement.
15. Non-solicitation
a. The parties agree that neither of
them will either on their own account or in partnership or association with any
person, firm, company or organisation, or otherwise and whether directly or
indirectly during, or for a period of six months from, the end of the term of
the Agreement, solicit or entice away or attempt to entice away or authorise
the taking of such action by any other person, any key executive of the other
party who has worked on the services provided under the Agreement at any time
during the term of the Agreement.
16. Sub-contracting
a. Neither party shall, without the
prior written consent of the other party (such consent not to be unreasonably
conditioned, withheld or delayed), assign, transfer, mortgage, charge, declare
a trust of or deal in any other manner with the Agreement or any of its rights
and obligations under or arising out of the Agreement (or any document referred
to in it), or purport to do any of the same.
b. Medico Partners may sub-contract or
delegate in any manner any or all its obligations under the Agreement to any
third party or agent without the prior written consent of the Candidate.
c. Each party that has rights under
the Agreement is acting on its own behalf and not for the benefit of another
person.
17. Entire agreement
a. The Agreement constitutes the
entire agreement between the parties and supersedes and extinguishes all
previous drafts, agreements, arrangements, and understandings between them,
whether written or oral, relating to its subject matter.
b. Each party agrees that it shall
have no remedies in respect of any representation or warranty (whether made
innocently or negligently) that is not set out in the Agreement. Each party
agrees that its only liability in respect of those representations and
warranties that are set out in the Agreement (whether made innocently or
negligently) shall be for breach of contract.
c. No variation of the Agreement shall
be effective unless it is in writing and signed by each of the parties (or
their authorised representatives).
18. Contracts (Rights of Third Parties) Act 1999
a. A person who is not a party to the
Agreement shall not have any rights under or in connection with it by virtue of
the Contracts (Rights of Third Parties) Act 1999.
b. The rights of the parties to
terminate rescind or agree any variation, waiver or settlement under the
Agreement is not subject to the consent of any person that is not a party to
the Agreement.
19. Unforeseen Events
a. Either party may defer the date for
performance of, or payment for, the services, or terminate the Agreement, if it
is prevented from, or delayed in, carrying on its business by acts, events,
omissions or accidents beyond its reasonable control, including strikes,
lockouts or other industrial disputes, failure of a utility service or
transport network, act of God, war, riot, civil commotion, malicious damage,
compliance with any law or governmental order, rule, regulation or direction,
accident, breakdown of plant or machinery, fire, flood, storm or default of
suppliers or subcontractors.
20. Governing law and jurisdiction
a. The Agreement 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 English law and the parties irrevocable submit
to the exclusive jurisdiction of the English courts.
b. Medico Partners is required to
comply with anti-money laundering legislation and therefore you must provide us
with any information (including proof of identity) we require before use of
Medico Partners introduction Services.
21. Links To Other Sites
a. Our Platform may contain links to
third-party sites that are not owned or controlled by Medico Partners.
b. Medico Partners has no control
over, and assumes no responsibility for, the content, privacy policies, or
practices of any third-party sites or services. We strongly advise you to read
the terms and conditions and privacy policy of any third-party site that you
visit.
22. CRITERIA of a Member Profile – Information &
minimum criteria
For Candidates:
a. Proof of Identity (Passport or Driving Licence)
b.
Right to Work (Visa)
c.
Photographic ID.
d.
Proof of Address
e.
CV
f.
Disclosure and Barring Service Certificate within the last 3 years.
g. Proof of completion of appropriate degree and/or training.
h. Proof of membership of the Professional or regulatory body.
i.
Evidence of necessary vaccinations within
reasonable time.
j.
Professional references
For Clients:
a. Proof that the Client is a
registered Client with a UK Client code as issued by NHS England.
b. The address of the Client.
c. The contact details of the Client;
and
d. Details of the information
technology software that the Client uses.
23. Vacancy Criteria
a. The date on which the Client
requires the Candidate to commence work and the duration, or likely duration,
of the work.
b. The position which the Client seeks
to fill, including the type of work the Candidate in that position would be
required to do, the location at which, and the hours during which, the
Candidate would be required to work, and any risk to health or safety known to
the Client and what steps the Client has taken to prevent or control such
risks.
c. The experience, training, qualifications,
and any authorisation which the Client considers are necessary, or which are required by
law, or by any professional body, for the Candidate to possess in order to work
in the position; and
d. Any expenses payable by or to the
Candidate.
24. Introduction Criteria
a. Candidates who meet the Client’s
Vacancy Criteria; and
b. Candidates who have necessary compliance required by the Client.
25. Working Hours
Candidates that are working over 48 hours during a week from Sunday – Saturday through Medico Partners Limited or any other source must make us aware and must complete an Opt Out Of Working Time Directive form. This form will be sent on request.
26. Cancellation
a. If the Candidate books a session in
advance, it cannot be cancelled unless the cancellation is due to unforeseen
circumstances, which must be informed to Medico Partners.
b. If the Candidate cancels a session
due to unforeseen circumstances, cancellation must be made at the earliest
opportunity but no later than 2 hours prior to the session start time, it is
the Candidate’s responsibility to contact Medico Partners to make them aware of
the intended cancellation. It is Medico Partners responsibility to inform the
Client immediately it becomes aware of the intended cancellation. In these
circumstance Medico Partners will endeavours to fill the session with an
alternative Candidate.
c. Once the Candidate has accepted a
booking, which has been approved by the Client, the session cannot be
cancelled without a reason, which is acceptable to Medico Partners. In the case that this
happens without a reason acceptable to Medico Partners the Candidate will be
liable for any additional costs incurred because of filling this session with
an alternative Candidate at such short notice including any penalties incurred
by Medico Partners as a result.
d. Should the Candidate not attend a
session, which has been approved by the Client. The Candidate will be
liable for the additional cost required for Medico Partners to attract the
alternative Candidate to work at short notice in the interest of the Clients
patients’ safety.
e. Normal cancellation of pre booked
shifts should be made at least 7 days prior to the shift start date.
f.
All cancellation of shifts must be in writing either to a member
of the Medico Partners Team to their email or via info@medicopartners.com
27. Timesheets
a. Candidates must complete a
timesheet to confirm and verify their working hours and breaks.
b. Candidate shall submit his/her
timesheets signed by the authorized person within Client’s organization on the
Platform for the services performed for the Client at the end of each day. The
Candidate shall in any case submit his/her timesheets by end of each week.
Timesheets not sighed/confirmed by the Client will not be processed for the
payment.
c. Alternatively, candidate can submit
an e-timesheet, and Medico partners will then get the timesheet authorised by
the client which might take variable time depending on the client. Only when
the client has authorised the timesheet(s), it will be eligible for the
payments.
28. Privacy
You agree that all personal
information you provide to us may be collected, stored, processed, and used in
accordance with our current Privacy Policy.
29. Severance
If any provision of the terms and
conditions in this Agreement is or becomes invalid, illegal, or unenforceable
by any court of competent jurisdiction, it shall be deemed modified to the minimum
extent necessary to make it valid, legal, and enforceable. If such modification
is not possible, the relevant provision shall be deemed deleted. Any
modification to or deletion of a provision under this clause shall not affect
the validity and enforceability of the rest of this agreement.
30. Third Party
Right’s
No one other than a party to this
agreement shall have any right to enforce any of its terms, whether by virtue
of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
31. Variation
a. Medico Partners reserves the right
to update these terms and conditions from time to time to reflect changes in
the business operating model, regulation, and any other factors that may
influence the delivery of services.
b. Candidates will receive updated
T&C with each confirmation of their bookings which will be accessible by
clicking the links in the confirmation email.
c. By continuing to use the services
after being notified of the changes, the Candidate shall be deemed to have
accepted the changes.