Terms & Conditions
It is agreed as follows:
1.1 The provider will, upon receipt of instruction from the Client by email, facsimile, post or secure web service, use its best endeavors to provide suitable medical Experts and a completed medico-legal report within the timescales laid down by Medco, the CPR and an agreed SLA, and in compliance with the schedules of this agreement.
1.2 The Client will instruct the Provider to acquire independent medical evidence to assist the Claimants represented by the Client in obtaining medical evidence to support their claim in relation to a personal injury they have sustained.
1.3 Where the requested Expert is a GP, the Provider will deliver the service as set out in Schedule 1, table A. Where the requested Expert is an Orthopaedic Consultant the Provider will use their best endeavors to deliver the service as set out in Schedule 1, table A. The procurement of Medical records can affect compliance as this process is beyond the control of the Provider.
1.4 Where the Expert is a Specialist Consultant, the Provider will procure this service and will endeavor to work to the service standard set out in Schedule 1, table A. However, where Medical Records are required, and the Provider is requested to procure the Medical Records, the Provider cannot guarantee service delivery as delays can often occur in dealing with the third party data provider.
1.5 Where the Provider is required to procure Medical Records, the Provider will request consent from the Claimant immediately, then subsequently request the required Medical Records from the data provider, pay the data provider’s invoice and forward the Medical Records onto the Expert for their review in the Report.
1.6 The Provider operates their case management system on the Nephex software, this software is electronically integrated with other service providers involved in the medical and rehabilitation procurement process. The Provider will take sole responsibility for licensing and payment of all related case management fees payable to the software provider relating to the instruction for services.
1.7 Where there is a requirement to handle personal data, both the Provider and the Client will be jointly responsible to uphold regulatory compliance. The Provider will ensure all corporate partners have compliant data handling policies, to include: GDPR and Proivacy Policy.
1.8 Where the Clients representative (Case Manager, Fee Earner or related personel) has knowledge that the case has failed, for any reason, the Clients representative must notify the Provider with immediate effect. The Provider will issue an “Application for Fee Waiver” form within 48 hours and this form must be completed and returned to the Provider within 14 days of receipt.
2.1 As the primary obligator to pay the Provider, (strictly in accordance with the SRA’s Guide to the professional conduct of Solicitors and in particular the Solicitors Accounts Rules) the Client agrees to pay the fees either within 7 business days following the date of settlement of the relevant case, or within 7 business days of receiving settlement of the invoice from the TPI, or such lessor period as determined in Section 3 to this agreement; whichever is the sooner.
2.2 All payments must be paid directly to the provider at the providers office address as shown on the front of this document. The provider will (within 7 days) receipt your payment and discharge the invoice liability to Citi Medical Limited.
2.3 The Provider will notify the Client within 7 days of payment being received from either the Client or the TPI. The Provider will issue a receipt of payment notification by email and mark the relevant invoice fully paid.
2.4 The Client will use its best endeavors to collect the fees, and furthermore, the Client will take such action in respect of any cases, as the Provider or the Client shall reasonably require with regard to the recovery of the fees.
2.5 Where the Client and the Provider agree that it would be more effective and efficient for the Provider to collect their fees from the TPI direct, the Client will provide full TPI details to the Provider, which will allow the Provider to liase directly with the TPI. Following receipt of payment, the Provider will update the Client as set out in 2.3.
2.6 In the event of fees not being recovered in full, where the Expert is a GP, the provider will endeavour to support the Client and/or Claimant in respect of any loss. The Provider will offer the Client a write off discount as set out in 6.1, on the successful submission and acceptance of an “Application for Fee Waiver” form.
2.7 In the event of fees not being recovered in full, where the Expert is Consultant, the provider will endeavour to support the Client and/or Claimant in respect of any loss. The Provider will offer the Client a write off discount as set out in 6.2, on the successful submission and acceptance of an “Application for Fee Waiver” form.
2.8 For the Provider to agree to consider any application for a fee waiver, the “Application for Fee Waiver ” form must be submitted within 14 days of the Client or the Claimant becoming aware that the case has failed. In the event that the Client fails to comply with its obligations under this clause, the Client will forgo any application to request the invoice to be discounted.
3.1 The Agreement comes into force on the date of signing and will continue until terminated by either party giving the other no less than three months written notice.
3.2 Upon termination, the terms of The Agreement will remain binding on both parties as though the Agreement were still in place in relation to all cases where the Provider has already accepted instructions.
3.3 For all medical evidence reports, the provider will allow the client a credit term of 24 months or settlement of case, whichever is the sooner, against specific invoices.
3.4 For medical records procurement, the provider will allow the client a credit term of 30 days. Where the medical records procurement is related to a case managed by Citi Medical, the provider will allow the client a credit term of 24 months or settlement of case, whichever is the sooner.
3.5 The provider will allow the client a credit facility of £25,000 which will be reviewed every three months by the Provider.
3.6 The credit and commercial terms, relating to individual instructions will be displayed on each instruction acknowledgement email.
4.1 Both the Client and the Provider accept that the Procurement of medical records is a “value added”service and the terms of engagement are set out in section 4 of this agreement.
4.2 The Client will instruct the Provider to procure medical records by email, letter or other form of written instruction.
4.3 The client will have secured the permission of the Claimant to allow the Provider to request their consent to procure their personal medical records.
4.4 The provider will fund the purchase of the medical records and recharge the client at the rate of Cost of records plus £30. This is an administration fee chargeable to cover the cost of the procurement, set out in Schedule 2, Table A.
4.5 Where the instruction from the Client is for a Medical Records procurement only case, the client agrees to pay all medical records procurement invoices in full, regardless of the outcome of the case.
4.6 Where the medical records are associated with a specific case, the charge for the medical records procurement will be added to the invoice for the specific case, and will become payable at the same time as the medical report invoice.
4.7 Where the medical records are not associated with a specific case, the charge for the medical records procurement will be detailed on a sales invoice and will become payable in 30 days, in compliance with 3.4 of this agreement.
5.1 Where there is a requirement to provide diagnostic services, specialist treatment or medical report for the Claimant, and the invoice value is greater than £1,000 the Provider will request an interim payment of 50% against the specified services or treatment invoice. This payment will be offset against the final invoice. The balance payment is payable in line with the terms and conditions set out in section 3 of this agreement.
6.1 Where the medical Expert is a GP, and the ‘Application for Fee Waiver’ form has been received (in time) and granted by the Provider, the Provider will offer a discount of up to 100% against the specified case invoice.
6.2 Where the medical Expert is a Medical Consultant, and the ‘Application for Fee Waiver’ form has been received (in time) and granted by the Provider, the Provider will offer a discount to reduce the invoice value to the cost of the Medical Expert.
6.3 To qualify for this discount in 6.2, the Provider must receive payment within 14 days.
6.3 Any write off request will be subject to the following conditions:
6.4 The client has complied with clause 2.6, 2.7 and 2.8 in respect of the specific invoice which is requesting credit
6.5 This direct or indirect loss relating to the credit request is not related to Fee Earner error.
6.6 This direct or indirect loss relating to the credit request is not related to abandonment of the case/client prior to proceedings being issued by the Client/Claimant
6.7 Where the write off application is in relation to a fraud allegation from the paying party, the write off request will be granted, (subject to section 6) however, the provider will be granted permission to pursue the Claimant direct for the invoice value plus costs and statutory interest.
7.1 For all Consultant Medical Reports, where Legal Expense Cover is in place, the client will use its best endeavors to claim on the policy for all cases that fail to conclude successfully.
8.1 Either party may terminate this Agreement by giving written notice to the other party on the happening of any of the following events: –
8.2 The Client commits a material breach of this Agreement or a breach of this Agreement which is not material but fails to remedy such breach within 28 days of being given notice requiring remedy of the breach.
8.3 The Client has a receiver, administrative receiver or administrator appointed over any of its assets or a petition to be presented or a resolution passed for its winding up, otherwise than for the purpose of a solvent reorganisation.
8.4 The Client ceases business.
8.5 Termination of this Agreement shall be without prejudice to the payment of any Fees up to the date of termination.
9.1 This Agreement shall not be assignable by either the Client or the Provider without the prior consent of the other which will not be unreasonably withheld. This does not preclude the Provider entering into invoice discounting facilities with its funders nor assigning this Agreement as part of a solvent reorganisation.
10.1 The Glossary and Schedules to this Agreement are hereby incorporated into and constitute part of this Agreement.
11.1 Both parties agree to comply with their respective obligations under the Data Protection Act 2018 (as amended) and the Privacy and Electronic Communications Regulations 2003 (as amended).
11.2 Except as reasonably required to execute the terms of The Agreement, neither party will disclose to any person or body any information acquired by them in connection with their relationship.
12.1 If a Claimant fails to attend a confirmed GP appointment arranged by the Provider, there will be no charge for the first missed appointment. Any subsequent ‘fail to attend’ GP appointments will be invoiced at £50. Missed appointments for Consultants are charged at the experts discretion.
12.2 The Provider will request the client to use their best endeavors to recover this fee directly from the Claimants damages. If the Client has terminated their engagement with the Claimant, the Provider reserves their right to collect this fee directly from the Claimant.
13.1 All notices shall be in writing and sent to the address of the recipient set out on the front page of this agreement, or as notified by the parties from time to time. Any notice may be delivered by hand, international courier or by first class prepaid letter and shall be treated as being served when delivered (in the case of hand delivery or delivery by international courier), or 48 hours after posting (in the case of first class prepaid letter).
14.1 This agreement will be governed by and constructed in accordance with English Law and the parties submit to the exclusive jurisdiction of the Courts of England.
15.1 In recognition of our GDPR responsibilities, we have a legal duty to protect any information we collect from you. We assure you that your data will be kept strictly confidential and never passed to any individual or company outside of our group structure. If you wold like to have your data removed from our system, please put your request to us in writing to our Data Protection Officer or email us at [email protected]
16.1 This Agreement may not be varied except by a written document signed by or on behalf of each of the parties.