Terms and Conditions

1).These terms and condition below are between the Clients and Preferred Locums. They are governed by English law and are subject to the exclusive jurisdiction of the English Courts.

Key

• The company will herein after be referred to as ‘the customer’
• The pharmacist will be referred to as the locum.
• Preferred Locums will be referred to as PL.
  
  These terms and conditions are between the agency and the customer. The customer will be deemed to have accepted these standard terms and conditions upon placing booking with Preferred Locums. The Terms may only be varied by the agency and any such variations will take effect from 7 days after written notification. The terms shall prevail over any conditions of the customer, which shall be (whether in consistent with the Terms or not) of no effect whatsoever. The customer shall be responsible that any person acting upon there behalf is aware of the terms and conditions that exist between PL and those persons will comply with these terms and conditions.
  

2).Temporary placement,

a).Once the request has been made for a booking from the customer the agency will endeavour to find a suitable locum and then it will inform the customer who in turn will agree for the locum to carry out these placements.

b).The remuneration rates for locums are subjected to negotiations for a particular booking at the time of confirmation but only with the express agreement of both PL and the customer.

c).The locum is hired by the customer on a self-employed basis. The remuneration of the locum will be the responsibility of the customer and must be made directly to the locum upon termination of the engagement or weekly, whichever be the lesser period of time, or if agreed by both the customer and the locum by some alternative schedule. The locum and the customer shall share sole responsibility for ensuring that all Income Tax, National Insurance contributions and other statutory payments as assessable under Schedule D of the Finance Act are paid as necessary.

d).The customer is obliged to advise PL, if a Locum is booked on the basis of a direct approach. In such cases our normal fee is payable.

e).In event of a locum working away from home the customer must take responsibility that steps are taken to ensure that accommodation will be available and that suitable travel arrangements have been made, unless agreed otherwise, PL shall have no responsibility or liability for accommodation charges, meals, telephone services, or travel expenses. The locum will deal direct with the customer through PL in respect of such charges and arrangements.

f).Prior to the date of booking the customer will agree terms with PL on behalf of the locum including limiting to the number of hours and duration, rate of payments and location of where the locum is required to perform the services. (Any change of location will be on the discretion of the locum, in such circumstances the locum may pursue his/her own claim for loss of earnings if he/she is unable to obtain a suitable alternative engagement for the period agreed.

g).In relation to 2e PL will not take any responsibility should the locum fail to accept any alternative placement on any of the prior date.

h).Should the locum be moved on the day it will be the responsibility of the customer to inform PL of such agreed terms.

i).Any payments for travel agreed with the locum shall be bounded by the customer and will have no right to set offer counter claim against any fees payable to PL.

j).In the event of an error by the customer which would leave the locum without any work on any given day, due to no fault of the agency, PL will be paid in full.

3).Full time/permanent placements

a).If a locum, originally introduced to the customer by PL, is permanently employed by the Customer within a 12 month period from the conclusion of a locum engagement then a fee will be charged equivalent to 10% of the agreed annual salary, up to a maximum of Ј3000.

4).Locum Information.

a).It is agreed by the customer only to use any information or details provided by PL about the locum through the Agency.

b).The customer agrees that by requesting details of locums to be forwarded for consideration for engagement and if supplied by PL the client agrees that this constitutes an introduction to each and every locum and an introductory fee will be payable for introduction of each locum.

c).We will provide professional references of the locum if requested by the customer.

d).It is the responsibility of the customer to ensure and verify that the locum is a member of the Pharmaceutical Society of Great Britain and satisfy itself that the locum is eligible to practise as a pharmacist.

e).PL agency is in no way responsible for any acts or omissions by the locum or any failure to provide partly or in full the services requested by the employer, or any other matters relating to the locum, that lead to any loss by the employer, financial or otherwise, or any other claims or liabilities. If an employer is not satisfied with a locum they should contact PL immediately.

f).The customer agrees that it is of no consequence if the customer does have prior knowledge of the locum from whatever means.

5).Cancellations

a).If the locum is unable to fulfil a booking that he or she has accepted then PL is in no way liable for any loss of earnings or other losses the employer may suffer due to this as PL only acts as an introduction service between the locum and the employer. PL will always endeavour to supply a suitable replacement for the booking if the locum is unable to fulfil and if unable to, will either refund or not levy a booking fee for each and every day that the locum was unable to fulfil the booking.

b).Once a customer has given a verbal acceptance of the engagement of a locum this is regarded as a contractual commitment. In the event of a subsequent cancellation by the customer that will be deemed to be within 28 days, PL reserves the right for the total booking fee which will be applicable to PL for placement charges for the period booked. This will be payable by the customer. In such circumstances the locum may pursue his/her own claim for loss of earnings if he/she is unable to obtain a suitable alternative engagement for the period agreed.

c).Any cancellation made due to the client attempting to or varying any of the terms agreed with the locum including but not limiting to note of payment and location where the services were to be performed will entitle PL to charge full fees of the engagement Period as if the cancellation had not been made.

6).Payment

a).The PL booking fees are subject to change and may from time to time be negotiated otherwise for a particular booking but only with the express agreement of both PL and the customer. The customer will also pay Employers National Insurance payments and any other payments required by any future legislation and Value Added tax (or any such other future replacement tax or charge) as applicable. They remain in force until such time PL informs its clients in writing of any variation. Please contact PL head office for our current rates for your area.

b). All payments must be made within 21 days of the invoice date. PL reserves the right to charge a penalty of 15% of the due amount on any outstanding amount calculated from the date that the invoice was due to be settled, which is defined as a period of two month from date shown on the particular PL invoice, for each month the said invoice remains unsettled.

c). All invoice queries should be raised by telephone then confirmed in writing, acknowledged by a e-mail or facsimile within 7 days after receipt. If the PL has not been informed in accordance with this the customer is liable to pay the full invoice value.

d). PL will notify the Customer of any rate increase whenever possible which will be applied to Engagements booked in advance of the rate increase.

7).Claims

a).The customer shall to be covered by appropriate professional indemnity and/or employer’s liability insurance in connection with the services throughout each booking term and will supply the locum with evidence of such cover on request.

b). It is agreed between PL and the Customer that PL sub contracts the provision of the services to the Customer to a locum. Thus, the customer agrees that the agency shall not be responsible for any loss, expense damage or delay arising from the agency’s failure to provide a locum for all or any Engagement or Engagement Period or in respect of the negligence, dishonesty misconduct or lack of skill of any locum, or the termination of this agreement by reason of the termination of the sub contracting agreement by the locum.

c). The customer undertakes to inform PL immediately if the Locum(s) is charged, cautioned or convicted in relation to any criminal offence and to provide regular reports about the progress of proceedings. In addition, the employer undertakes to inform PL limited about any complaint made against its Locum(s) which is relevant to their professional competence or conduct.

d).The customer shall comply with all relevant statutes by laws and legal requirements relating to the customers business and the locum.

8).Other

a).As a security precaution the customer can request that each Locum(s) presents their registration certificate to a member of the customer at the beginning of each booking to enable the employer (or its nominee) to issue the relevant security passes.

b).Subject to any statutory entitlement under relevant legislation and unless otherwise agreed, the employer is not entitled to receive payment from the PL for time not spent providing the services, whether in respect of the Locum'(s') holidays, illness or absence for any other reason.

c).Where applicable, the customer will be responsible for the provision of its own uniform for Locum(s) and any necessary equipment.

d). The customer undertakes to inform PL immediately if the locum(s) is charged, cautioned or convicted in relation to any criminal offence along with complains to provide regular reports about the progress of proceedings.

c). all information that is presented by PL to the customer must be delt with in the utmost privacy it should not be share with any other parties without prior permission. All documents and information provided remains the property of PL and in no way may be copied, reproduced, stored in a retrieval system or transmitted in any form or by any other means, either in part or full, without the express prior written permission of PL.

d).PL reserves the right to vary the Terms at any time.