1. Welcome to our LocumDeck, 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”) and the LocumDeck Platform. NASGP is a company limited by guarantee whose registered office is Forum House, Sterling Road, Chichester, West Sussex PO19 7DN 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.
“Practice” means a registered medical practice which contracts with you for an Assignment through the LocumDeck Platform.
“Service charge” means the sum to be paid by you to us for when you agree an Assignment through the LocumDeck Platform. The Service charge shall be 5% of the amount paid by a Practice in respect of as Assignment (plus VAT, as applicable).
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 and any monthly service charge incurred from using ‘Instant Booking’ service (see below). If your membership expires or a monthly service charge is missed, 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. However, in order to avoid lapses in patient care and inconvenience to Practices, we agree provide you with a facility to:
- keep a record of your future bookings made up to the point that your membership expired; and
- keep a record of any outstanding unpaid invoices generated during your membership.
5. 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. You will also be asked to upload your own standard terms and conditions of service, or you can choose to use our own standard template terms, a copy of which you can see here.
6. 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.
7. 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.
8. Practices join LocumDeck by signing up with an NHS email address which is then verified. 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.
9. 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.
10. 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). 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.
11. 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 text message with notification of an Instant Booking.
12. 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.
13. 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).
14. Your payment and invoicing terms should be set out in your terms and conditions.
15. You agree that NASGP will charge a Service charge of 5% including VAT on all Assignments booked through the Platform using Instant Book. You agree to pay this Service charge by direct debit to our account.
16. 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 NASGP here. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. NASGP has no responsibility for the conduct of the Practices. In the event you are dissatisfied in any way, your remedy is only against the Practice, you will not have any claims against us. Any dispute arising between you and a Practice must be dealt with directly between you and the Practice concerned.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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 our the LocumDeck Platform.
27. 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.