1.      These terms

1.1           What these Terms cover. These are the terms and conditions (the Terms) on which we supply the services described in the Engagement Letter to you (the Services).

1.2           Why you should read them. Please read these Terms carefully before you submit the Engagement Letter to us to receive the Services. These Terms, together with the Engagement Letter and Patient Information Form (and any other documents referred to in either of them) form the legally binding contract (the Contract) between us and you. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

1.3           In the event of any conflict or inconsistency between documents forming this Contract, the order of precedence shall be the Engagement Letter, these Terms and the Patient Information Form, with the document first appearing in this list taking precedence to the extent of such conflict or inconsistency.

2.              Information about us and how to contact us

2.1           Who we are. We are PSP Paediatric & Neuro Rehabilitation Limited a company registered in England and Wales. Our company registration number is 07234408 and our registered office is at 65 Bent Lane, Leyland, England, PR25 4HR (herein us or we).

2.2           How to contact us. You can contact us by telephoning our customer service team on 01772 789746 or by writing to us at info@psp-uk.co.uk and PO Box 1428, Preston, PR2 0AB.

2.3           How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Consent.

2.4           “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.

3.              PROVISION OF THE sERVICES – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE

3.1           The Services. If we:

3.1.1          accept your Engagement Letter, the Services will (subject to availability) be supplied to you from a Clinician at the pre-arranged time(s) (each, an Appointment); or

3.1.2          are unable to provide the Services, we will inform you of this either in person or in writing. We may reject your Engagement Letter at our absolute discretion; however, this might, without limitation, be because:

3.1.2.1   of events beyond our control; or

3.1.2.2   we have identified an error in the price or description of the Services.

3.2           Medical Records. In order to provide the Services to the highest quality possible, we may require access to your medical health records.  You hereby agree and acknowledge that by submitting the Consent, you provide your GP (whose details are set out in the Patient Information Form) with express permission to provide us with all of your medical health records (including those of your GP and any hospital records) in line with the Data Protection Act 2018.  You understand that for these purposes:

3.2.1          your medical health records contain information from almost all consultations you have had with health professionals, including without limitation:

3.2.1.1   why you saw a health professional;

3.2.1.2   details of clinical findings and diagnoses;

3.2.1.3   any options for care and treatment the health professional discussed with you;

3.2.1.4   the decisions made about your care and treatment, including evidence that you agreed; and

3.2.1.5   details of action health professionals have taken and the outcomes; and

3.2.2          we may contact your GP and present them with a copy of the Engagement Letter and these Terms in support of this.

3.2.3          your consent also gives permission to us to communicate the outcome of each Appointment (as defined in clause 5) you may have in connection with the Services back to your GP in order to keep your medical records up to date and complete for clinical safety.

Alternatively and at our discretion, we may request to you in writing for you to obtain copies of your medical records to make these available to us at our request.

3.3           Standards.

3.3.1          We are required to comply with the principles and values laid down by the Health and Care Professions Council and shall provide the Services in accordance with such.

3.4           Additional Information. We may provide you with additional information in respect of the particular Services required.  Such information may include details as to:

3.4.1          what to expect in conjunction with the receipt of certain Services;

3.4.2          information regarding any condition, diagnoses, treatments and such other things discussed with the Clinician or reasonably associated with the Services (including side effects); and

3.4.3          any additional costs incurred for any additional services recommended to you.

3.5           Special Requirements.  If you have any particular requirements relating to the receipt of the Services then you must notify us of such requirements in advance, preferably within the Patient Information Form, and in which case we shall use reasonable endeavours to accommodate such requests.

3.6           Changes. We may change the nature of the Services:

3.6.1          to reflect changes in relevant laws and regulatory requirements;

3.6.2          to implement minor technical adjustments and improvements. These changes will not affect your use of the Services; and

3.6.3          to reflect the specific needs to the Patient from time to time.

We shall inform you in writing of any proposed changes to the Services. You shall be deemed to have accepted any proposed changes to the Services in the absence of receipt by us of a written objection within 10 (ten) working days of us informing you of the proposed change.

3.7           We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

3.8           What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to you as set out in the Consent or otherwise requested by us from time to time, for example, certain additional medical information, personal and lifestyle circumstances. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may refuse to perform the Services and either end the Contract (and clause Error! Reference source not found. will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or where you provide us with inaccurate or incomplete information.

4.              APPOINTMENT CANCELLATIONS AND SUSPENSION OF THE SERVICES

4.1           Failure to attend an Appointment. Where you make an Appointment but fail to attend you agree that we may still charge you as if you had attended the Appointment and received the Services. You may, however, postpone an Appointment by providing us with at least 48 hours’ notice.

4.2           Our right to cancel / postpone an Appointment. We reserve the right to cancel or postpone an Appointment at any time without liability to you and shall provide you with as much advance notice as reasonably practicable in the circumstances, including without limitation, where:

4.2.1          the Clinician considers that it is not in your medical interests.

4.2.2          it is not possible to obtain a Clinician to carry out your appointment.

4.3           Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:

4.3.1          deal with technical problems or make minor technical changes or improvements.

4.3.2          update the Services to reflect changes in relevant laws and regulatory requirements; or

4.3.3          make changes to the Services as requested by you or notified by us to you.

4.4           Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the Contract if we suspend the Services or tell you we are going to suspend the Services, in each case for a continuous period of more than 4 weeks and we will refund any sums you have paid in advance for the Services affected by any such suspension.

4.5           We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 5.3), we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. As well as suspending the Services we can also charge you interest on your overdue payments (see clause 5.6).

5.              Price and payment – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE

5.1           How much does it cost? The price of the Services will be the price as set out in the Engagement Letter (the Charges). We take all reasonable care to ensure that the price of the Service advised to you is correct. However please see clause 5.4 for what happens if we discover an error in the price of the Services.

5.2           Additional Charges.  In addition to the price of the Services, you may also have to pay additional costs for goods and services for which there is an additional cost notified to you in advance or otherwise detailed within the Engagement Letter.

5.3           When you must pay and how you must pay. For information, please see the relevant section of the Engagement Letter.

5.4           What happens if we got the price wrong? We will normally check prices before forming the Contract so that, where the correct price at your Appointment date is less than our stated price, we will charge the lower amount. If the correct price at your Appointment date is higher than the price stated to you, we will (where possible) contact you for your instructions before the Appointment.

5.5           Increasing the Price. We reserve the right to review our Charges from time to time. Should we choose to increase the Charges, we shall provide you with at least one month’s notice of any change.

5.6           What if you pay late? If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount. In the event that there are any outstanding sums due to us we may suspend the provision of the Services until such time as you have paid us.

6.              Your rights to CANCEL the Contract and how to end it

6.1           You can always cancel your Contract with us.  Your rights when you cancel the Contract will depend on how we are performing and when you decide to cancel it:

6.1.1          If you want to cancel the Contract because of something we have done or have told you we are going to do, see clause 6.2;

6.1.2          If you have just changed your mind about the Services, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.

6.1.3          In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.4.

6.2           Cancelling the Contract because of something we have done or are going to do. If you are cancelling the Contract for a reason set out at 6.2.1 – 6.2.4 below any Appointments shall be cancelled and the Contract will end immediately and we will refund you in full for any Services which have not been provided and which you have paid in advance for and you may also be entitled to compensation. The reasons are:

6.2.1          we have told you about an error in the price or description of the Services and you do not wish to proceed;

6.2.2          there is a significant risk that supply of the Services may be significantly delayed because of events outside our control;

6.2.3          we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 consecutive weeks; or

6.2.4          you have a legal right to end the Contract because of something we have done wrong.

6.3           How long do I have to change my mind? Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have 14 days after the formation of the Contract to cancel it where you change your mind. You expressly agree that we may commence with the provision of the Services during the cancellation period and in the event that you receive any during that time, you must pay us for the Services provided up until the time you tell us that you have changed your mind.  If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the Services.  We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

6.4           Ending the Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the Contract before it is completed by providing us with at least one month’s notice, but you may have to pay us compensation.

6.5           Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:

6.5.1          Email. By sending an email to us at email info@psp-uk.co.uk; or

6.5.2          By post. By writing to us at PSP Paediatric & Neuro Rehabilitation Limited, Po Box 1428, Preston, PR2 0AB.

6.6           How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team on 01772 789746 or write to us at info@psp-uk.co.uk or PSP Paediatric & Neuro Rehabilitation Limited, Po Box 1428, Preston, PR2 0AB.

7.              Our rights to end the Contract

7.1           We may end the Contract if you break it. We may end the Contract at any time by writing to you if you do not make any payment to us when it is due.

7.2           We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know as soon as reasonably practicable in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.

8.              How we may use your personal information

8.1           How we will use your personal information. We will use the personal information you provide to us:

8.1.1          to supply the Services to you;

8.1.2          to process your payment for the Services; and

8.1.3          if you agreed to this during the order process, to give you information about similar or related goods and services that we provide, but you may stop receiving this at any time by contacting us.

8.2           We may pass your personal information to third parties. Where we extend credit to you for the Services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.  We will only give your personal information to other third parties where the law either requires or allows us to do so.

9.              Our responsibility for loss or damage suffered by you – SPECIAL ATTENTION IS DRAWN TO THIS CLAUSE

9.1           We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the Contract or our failing to use reasonable care and skill or acting in compliance with the Standards (as referred to in clause 3 above), but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

9.2           We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.

10.           Other important terms

10.1         We may transfer this Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract in advance of your Appointment or (if earlier) within 2 weeks of us telling you about it and we will refund you any payments you have made in advance for Services not provided beyond the termination date.

10.2         You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

10.3         Nobody else has any rights under this Contract. The Contract is between you and us. No other person shall have any rights to enforce any of these Terms. Neither of us will need to get the Contract of any third party in order to end the Contract or make any changes to these Terms.

10.4         If a court finds part of this Contract illegal, the rest will continue in force. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.

10.5         Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

10.6         Which laws apply to this subscription and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Contract in either the Northern Irish or the English courts.

10.7         Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre of Effective Dispute Resolution (CEDR) via their website at www.cedr.com .

10.7.1       If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it (Dispute), then the parties shall follow the Dispute Resolution Procedure outlined in this clause 10.7.

10.7.2       Either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, both parties shall attempt in good faith to resolve the Dispute.

10.7.3       If the parties for any reason unable to resolve the Dispute within 30 days of service of the Dispute Notice, the Dispute shall be referred to Our Directors who shall attempt in good faith to resolve it.

10.7.4       If Our Directors are for any reason unable to resolve the Dispute within 30 days of it being referred to them, the parties agree to enter into mediation in good faith to settle the Dispute in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties within 60 days of service of the Dispute Notice, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party to the Dispute, referring the dispute to mediation. Unless otherwise agreed between the parties, the mediation will start not later than 30 days after the date of the ADR notice.

10.7.5       No party may commence any court proceedings under clause 10.6 in relation to the whole or part of the Dispute until 60 days after service of the ADR notice, provided that the right to issue proceedings is not prejudiced by a delay.

10.7.6       If the Dispute is not resolved within 60 days after service of the ADR notice, the Dispute shall be finally resolved by the courts of England and Wales in accordance with clause 10.6 in this Agreement.