Our Service Terms & Conditions
AGREEMENT AS FOLLOWS:
1.1 Healthscreen will collect personal information from employees’ to be able to give the best advice possible whilst producing our report and this personal information shall be stored in accordance with the Data Protection Act 1998.
1.2 Healthscreen are committed to providing our clients with a safe, secure, professional service and will do our utmost to ensure a quality service with your specific location requirements in mind.
2. Initial Agreement
2.1 As from the Commencement Date of surveillance, the Purchaser agrees to appoint the services of Healthscreen to provide the required services to it at the location agreed until terminated due to breach of this Agreement or by either Party giving the other not less than three months written notice to expire no earlier than the end of the original time period.
2.2 All forms, timetables and questionnaires sent to the purchaser from Healthscreen are to be completed and ready for Healthscreen staff prior to visitation. Any questionnaires not completed will incur a charge of £5.00 per form as we will need to have these completed by the purchaser before we can commence with the final report. Any forms that are not completed by the purchaser will need to be completed by Healthscreen and if this is so, an administration charge of £75.00 per day will be added to the cost of surveillance.
3.1 Healthscreen will not be in breach of this Agreement if any neglect, default, act or omission of the Purchaser, or any agent, employee or sub-contractor of the Purchaser results in a breach of Healthscreens’ commitment within this Agreement.
3.2 Each Party accepts unlimited liability to the other for:
Death caused by the negligence of that Party
Fraud committed by or on behalf of that Party
3.3 Neither party will be liable to the other for any indirect or consequential loss or any loss of business, contracts or whether arising from breach of contract or otherwise.
3.4 The Purchaser agrees to cover Healthscreen against all costs, claims, demands, liabilities and/or damages incurred or suffered by Healthscreen as a result of any act or omission of the Purchaser, its employees or agents.
4.1 The Purchaser shall provide evidence of Public Liability Insurance during this Agreement to provide cover for personal injury and death for employees or agents of Healthscreen working at a location controlled by the Purchaser.
5. CHANGE PROCEDURE
5.1 A Party wishing to amend the scope of the Services shall submit it in writing to the Other Party.
5.2 If the Purchaser proposes a change to the Services, Healthscreen will advise as soon as possible of its decision to the proposed change and the alteration required to the Contract Price to accommodate the change.
5.3 If Healthscreen recommends a change to the Services, the Purchaser shall advise as soon as possible of its decision to the proposed change and whether it accepts the change of the Contract Price due to the recommended change.
5.4 If Healthscreen and the Purchaser are unable to agree the scope or cost of any change to the Services a meeting with two senior managers of each Party shall be arranged to decide the best course of action. Neither Party is required to accept any change proposed by the Other Party.
5.5 In the event of a change in law or other requirement imposed Healthscreen that requires it to amend the Services, Healthscreen will inform the Purchaser as soon as possible along with the evidence of the change and notification of new cost. The Purchaser shall authorise the change unless it believes that the cost or scope of the change is unreasonable in the circumstances, in which case another meeting with senior managers of each party shall be arranged.
5.6 At each start point of communication in regards to booking the screening (ie: annually or every two years, dependent upon your requirements), The two parties will discuss wether the requirements are the same as the previous screening or if anything has changed (eg: amount of employees’ to be screened) and this will be recorded on paper or electronically.
5.7 No variation to this Agreement shall be effective unless made in writing and signed by both Parties.
6. Disability Procedure
6.1 If an employee of the Purchasers’ company has a disability that prevents them from y using our premises or trailer, another alternative will be sourced on-site. Please advise Healthscreen of anyone who has a disability that may prevent them from being screened in the stated premises of screening prior to us coming on-site so a different room can be sourced that is suitable for use.
7. REFERRALS AND REPORTING PROCEDURE
7.1 If an employee needs a referral to an Occupational Health Specialist or GP, Healthscreen can provide the referrals for you at an extra charge. If you do not require this service from Healthscreen, it is the Management of the Purchasers responsibility to arrange referrals for those employees’ who require it. There may be additional costs’ to referrals if travel costs’ have to be applied.
7.2 It is the responsibility of the Purchaser to report any injuries or occupational diseases’. Healthscreen will not be responsible for RIDDOR reporting if an occurrence happens whilst we are attending your site. If you are unsure of how to report injuries or disease, please put in the following link on the internet and it will take you straight through to the HSE websites’ information on RIDDOR reporting. http://www.hse.gov.uk/riddor/report.htm
8.1 Both Parties will use all reasonable actions to ensure that any person employed or engaged by the relevant Party will keep the other Party’s Confidential Information confidential unless otherwise agreed in writing.
9. Intellectual Property
9.1 The Purchaser shall have no right or licence to use any Intellectual Property of Healthscreen. The Purchaser recognises and agrees that any Intellectual Property which may be generated during the provision of the Services by Healthscreen shall belong to Healthscreen and that the content of clinical records shall only be available for review by Healthscreen and the relevant employee under the Data Protection Act 1998 unless written permission is given by the employee.
9.2 Healthscreen shall have no right or licence to use any Intellectual Property of The Purchaser. Healthscreen recognises and agrees that any Intellectual Property which may be generated during the provision of the to the Purchaser shall belong to the Purchaser and cannot be disclosed to any other party unless written permission to do so.
10. Forces Beyond Control
10.1 If either Party is prevented, hindered or delayed from or in performing any of its commitments under this Agreement, other than a commitment to make payment, that party’s commitments under this Agreement will be suspended until such prevention is rectified. It is the Party’s, who is responsible for the prevention, responsibility to notify the other Party as soon as possible and resume their commitments under this Agreement as soon as is reasonably practicable.
11.1 Either Party may terminate this Agreement forthwith by notice in writing if:
- The Other Party is in material breach of this Agreement and fails to remedy the breach (if capable of remedy) within 30 days’ of written notice of the breach being given by the terminating party; or
- The Other Party ceases to carry on business in the United Kingdom, save where Healthscreen is affected by a statutory reorganisation of the Purchasers’ company.
11.2 Termination or expiry of this Agreement for any reason shall be without prejudice to any right or remedy of either Party which may have accrued prior to such termination.
11.3 Upon expiry or early termination of this Agreement, Healthscreen will be entitled to receive and the Purchaser will pay to Healthscreen, the Contract Price for any services provided by Healthscreen up to and including the date of termination or expiry.
11.4 On termination the Purchaser employee records will be kept securely by Healthscreen unless transfer of records is done accordingly.
12. Record Keeping
12.1 All Confidential Information in regards to employees of the Purchaser who have received occupational health services prior to this Agreement will be provided to Healthscreen as soon as possible after the Commencement Date, at the Purchaser's cost if agreed by both Parties.
12.2 The Records shall be held by Healthscreen in a secure and confidential unit.
12.3 On termination of this Agreement, the current records shall be transferred to any new service provider in such format as the Purchaser may reasonably require at the Purchaser's cost. If no new service provider is appointed or the new service provider and/or the Purchaser does not require the transfer of the Records the Purchaser shall at the Purchaser's cost consult with their employees’ and arrange for the distribution of their Records to said employee or their General Practitioner, at the employees’ direction.
13.Third Party Rights
A person who is not a Party to this Agreement shall have no right pursuant to the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
14. Any notice to be given under the Agreement shall either be sent by first class recorded delivery post or electronic mail. The address for service of each Party shall be its registered office or such other address as either Party may previously have notified to the other Party in writing. A notice shall be deemed to have been served if sent by first class recorded delivery with a proof of purchase receipt or sent via email. In proving such service it will be enough to prove that delivery was made.
The Parties accept the exclusive jurisdiction of the English courts and agree that this Agreement is to be governed and construed according to English law.