LocumDeck | Terms and Conditions for GP locums

1. LocumDeck is a trademark of Practeus Ltd (trademark number: UK00003212928), a company incorporated in England with company number 10703683 and whose registered office address is at Amelia House, Crescent Road, Worthing, West Sussex, England, BN11 1QR (“Practeus”). The LocumDeck platform has been licensed to NASGP by Practeus.

If you wish to make use of the LocumDeck platform, you must agree to comply with and be bound by the following terms and conditions of use (“Terms”). If you disagree with any part of these terms and conditions, please do not use LocumDeck.

The term “we” means NASGP – National Association of Sessional GPs the owner and operator of the website: www.nasgp.org.uk (the “Website”). NASGP is a company limited by guarantee whose registered office is Amelia House, Crescent Road, Worthing, West Sussex, England, BN11 1QR and company registration number is 3861212 (“NASGP”, “us” and “our” will be construed accordingly).

The term “you” or the “GP” refers to the registered GP Locum which makes use of the LocumDeck Platform.

LocumDeck is only for use by registered GPs and no other person or agency is permitted to register or make use of the Platform.

2. In these Terms, the following words shall have the following meanings:
Assignment” means the GP locum sessions, surgeries or other work which you agree to carry out for a Practice.

Chamber Agreement” means an agreement between a Chamber Locum and their Locum Chamber setting out details such as the Locum Chambers rules and policies and any fees payable by the Chamber Locum to the Locum Chamber.

Chamber Locum” means a GP locum who is registered through the platform with a Locum Chamber and agrees to be bound by the rules of that Locum Chamber.

Chamber Management Team” means the individual(s) or management team that operates a Locum Chamber.

Freelance Locum” means a GP locum registered on this platform who is not a Chamber Locum.

Instant Book” means the process whereby the locum defines their booking preferences upfront so that a Practice can book and confirm one or more sessions with that locum without the need for any manual intervention by the locum.

Locum Chamber” means an organisation or other legal entity which has been set up to regulate and facilitate Chamber Locums’ use of LocumDeck.

Practice” means a registered medical practice which contracts with you for an Assignment through the LocumDeck Platform.

3. The LocumDeck Platform has been designed to display the real-time availability of GPs to Practices, and to allow Practices to book GPs directly through the Platform.

4. To register with LocumDeck, you should follow the instructions on the Website. It is a condition of your continued access to the Platform that you are a full member of NASGP and have paid your membership fee. If your membership expires, your access and use of the Platform may be immediately terminated. It is your responsibility to extract and copy relevant information related to your Assignments and accountancy and financial records prior to your membership expiring.

5. We may charge user and/or booking fees to Freelance Locums and/or Chamber Locums. Details of any fees payable by you to us will be stated clearly on the platform at the time of registration. In the event that any fees are due to us and have been outstanding for more than 30 days, we reserve our right to suspend or remove you from using the platform.

6. If you wish to register with a Locum Chamber, you can do so by following the instructions on the platform. You will be given details of the Chamber, the services it provides and any rules which it may have for its locums and any fees it may charge for the services it provides. Chamber Locums will be asked to sign a Chamber Agreement with their Locum Chamber. Practices that view the LocumDeck platform will see Chamber Locums identified as being associated with specified Locum Chambers.

7. A Chamber Locum that wishes to cease being a Chamber Locum and to return to being a Freelance Locum, should follow any rules applicable under the terms of their Chamber Agreement. It will be the responsibility of your Chamber Management Team to deactivate you as a Chamber Locum on the platform in order to return you to Freelance Locum status. You understand that fees may be payable to us for your continuing use of LocumDeck as a Freelance Locum.

8. A Freelance Locum may choose to apply to register with any Locum Chamber. However, a locum may be registered with only one Locum Chamber at any given time.

9. You will be asked to provide details of your workload, type of work which you are available to carry out in each Practice and the rates you wish to charge, and choose to use our standard template terms. If you are a Chamber Locum, you may be required by your Locum Chamber under your Chamber Agreement to agree to your Locum Chamber’s own bespoke terms and conditions, standard forms or other policy documents.

10. It is your responsibility to make sure that all the details of your identity, credentials, qualifications and availability are accurate and up-to-date. You may be asked to provide further information and/or proofs of credentials to Practices as a condition of entering into Assignments. If you are a Chamber Locum, you may also be required to provide further information and/or proofs of your credentials to your Locum Chamber. Chamber Locums accept that their personal details and booking details will be shared with their Chamber Management Team. Further details of the type of information which will be shared and who will have access to that information will be made available to the locum when they register with a particular Locum Chamber. Additional information is also contained within our Privacy Policy.

11. The LocumDeck Platform allows Practices who have been authorised by you to ‘Instant Book’ you for an Assignment, based on the information you have provided and your availability which is shown in real-time on the Platform.

12. Practices join LocumDeck by signing up with an NHS email address which they then verify. If a practice joins and LocumDeck detects a match with a practice record you have manually added to your personal LocumDeck address book of practices, LocumDeck will automatically synchronise the practice’s contact details in your personal address book with the ‘master copy’ provided by the practice. This synchronisation is necessary for LocumDeck to allow you and the practice to connect to each other on the platform. It also allows you access to up-to-date contact information for the practice. This synchronisation does not affect any other information you have attached to the practice’s record about your working terms or charging arrangements which remains private to you and fully under your control.

13. Assignments arranged through our ‘Instant Book’ facility are firm commitments which have been pre-agreed by you and come with the same obligations and commitment to undertake the Assignment as apply to Assignments booked by other methods.

14. If a Practice uses the ‘Instant Booking’ facility, the terms and fee rates stated on the Platform shall automatically apply. Any cancellation by you or the Practice will then be governed by your own cancellation policies set out in your terms and conditions (which shall either be your own personalised set based on NASGP’s standard template, or your own if you have instead chosen to add these to your credentials in LocumDeck’s settings, or bespoke terms which may be created by Locum Chambers). You should therefore make yourself familiar with all the terms available in LocumDeck’s online Terms and Conditions located within ‘Settings’ and customise them to your requirements.

15. Following an online “Instant Booking’, we will automatically send out to you and the Practice a confirmation email setting out the work and terms agreed. It is your responsibility to check that the details in the email matches your services and availability. GPs who have provided a mobile phone number in their LocumDeck settings will also receive a text message with notification of an Instant Booking.

16. As an online platform using email and online notifications as the primary form of communication, it is imperative that you commit to checking the online platform and your email on a frequent (at least daily) basis to verify and maintain your bookings. We cannot be held responsible for any misunderstandings between locums and practices if you fail to do this.

17. You may request that a Practice provides further details in respect of any proposed Assignment, such as details of the identity of the Practice, dates and likely duration of an Assignment, the services to be provided (including location and hours, potential health and safety risks and steps taken to prevent or control such risks), training, qualifications or authorisations considered necessary, any expenses payable and the length of notice required (if applicable).

18. Your payment and invoicing terms should be set out in your terms and conditions.

19. Chamber Locums may be charged an administration fee by their Locum Chamber for the services the Locum Chamber provides to its locums, under the terms of its Chamber Agreement. If so, details of any fees payable will be set out on the platform when a locum registers with a Locum Chamber and in the Chamber Agreement. Any questions or disputes arising from that agreement should be referred by the locum directly to the Chamber Management Team. Whilst we may, at our discretion, mediate or provide assistance in resolving disputes, we are under no obligation to do so and we cannot be liable in respect of any claims you may have under your Chamber Agreement or otherwise against your Locum Chamber (where such Chamber is not owned or operated by NASGP).

20. It is expected that Practices will engage GPs on a temporary basis as self-employed contractors. We recommend that you and the Practice sign a form of contractor’s agreement, such as provided by the Contractor’s terms and conditions template found within LocumDeck.. However, signing such an agreement remains at your discretion. Whether or not a contractor’s agreement is entered into between you and the Practice, we do not make any warranty or representation as to the employment or consultancy status of any GP. This is a matter solely for you and the Practice to determine.

21. NASGP is acting as an introducer only. NASGP is not an agency and GPs are not employees of NASGP. Rather, they will be deemed to be under the supervision, direction and control of the Practice from the time they report to take up their duties, for the duration of the Assignment, on such terms as the Practice may agree with the GP. The Practice shall be solely responsible for your remuneration and all terms and conditions of the Assignment.

22. One of the components of the LocumDeck Platform is called Bookkeeper. Bookkeeper tracks certain information that is designed to help locums easily collate and prepare information for their accountancy and tax assessments. Further details of Bookkeeper features and how to use the Bookkeeper service are on the platform. Users of the Bookkeeper service accept that Bookkeeper is not guaranteed to always produce accurate or reliable results and should ask their accountant to check the accuracy or do so themselves. NASGP cannot be held liable for any inaccuracy or error which may arise in the system.

23. If you wish to cease your membership of LocumDeck you should follow the instructions for closing your account set out on the platform. You will be given information regarding deleting your account data and your ability to export or copy your account or financial data for your records.

24. You warrant and undertake that all information provided by you on the LocumDeck Platform including your identity, credentials and qualifications are accurate and will be kept up-to-date.

25. NASGP shall not be liable for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with you entering into any Assignment or otherwise resulting from your use of the LocumDeck Platform, including from any bug or error in the operation of the Platform. In particular, and without limitation to the foregoing, NASGP shall not be liable for any loss or damage you may incur as a result of any failure by a Practice to pay you for your work.

26. Nothing in these Terms shall restrict any liability of NASGP to a GP for personal injury or death resulting from the negligence of NASGP nor any statutory liability or any exclusion or limitation that is prohibited by law.

27. NASGP has no responsibility for the conduct of the Practices or the Locum Chambers (where such Chambers are not owned or operated by NASGP). In the event you are dissatisfied in any way, your remedy is only against the Practice or Locum Chamber (as applicable), you will not have any claims against us (where such Chambers are not owned or operated by NASGP). Any dispute arising between you and a Practice or Locum Chamber must be dealt with directly between you and the Practice or Locum Chamber concerned.

28. We reserve the right to revise these Terms on reasonable notice to you. Revised Terms shall apply from the date of publication of the revised Terms on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.

29. You agree to indemnify us against any losses, damages, costs, liabilities and expenses (including legal expenses) incurred or suffered by us and arising directly or indirectly out of any breach by you of any provision of these Terms.

30. We are not obligated to make the LocumDeck Platform available at all times, and we reserve our right for any reason, at our discretion, to terminate the registration of any Practice or GP.

31. You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

32. These Terms, together with our privacy and cookies policy, and any instructions for use of the Platform provided on the Website, shall constitute the entire agreement between you and us in relation to your use of the LocumDeck Platform.

33. These Terms shall be governed by and construed in accordance with the laws of England and Wales and the English Courts shall have exclusive jurisdiction.