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.
2. 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 “Practice” refers to the registered medical practice which makes use of the LocumDeck Platform.
In these Terms, the following words shall have the following meanings
- “Assignment” means the GP locum sessions, surgeries or other work which a Practice wishes the Contractor to carry out.
- “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.
- “Contractor” means a Freelance Locum or Chamber Locum introduced to you through the LocumDeck Platform.
- “Freelance Locum” means a GP locum registered on the LocumDeck Platform who is not a Chamber 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 Manager” means the individual who completes the registration procedure to register their Practice on LocumDeck and who has access to and operates the platform on behalf of the Practice.
3. The LocumDeck Platform is made available to registered Practices. The Practice Manager warrants to us that they have the authority to register their Practice on LocumDeck and has the authority to bind the practice to these terms and conditions. The Practice Manager agree that they will immediately notify us if they leave the Practice or if their role or responsibilities are taken over by any other person. If we receive information that there has been a change of Practice Manager, we reserve the right to delete and/or amend the Practice’s account details.
4. We reserve the right to charge user or booking fees for use of the service. If such charges are made, details will be set out on the platform and specifically stated at the time of making a booking. Any booking fees which apply will be invoiced to the Practice on a monthly basis. Booking fees should be paid by the Practice by direct debit (through our payment provider GoCardless, or any other provider we may use for this purpose). If a Practice does not make payment through the direct debit payment processor, we reserve the right to add an additional administration charge to our invoice. Details of such additional charges (where applicable) will be set out on the platform.
5. All bookings with Contractors who are located by the Practice through the LocumDeck Platform should be made only through the Platform and not ‘off-Platform’. In such a case, we reserve the right to charge the Practice a full booking fee in respect of that Assignment (where applicable). Where such activity persists, we reserve the right to suspend or remove a Practice from using the platform.
6. The LocumDeck Platform has been designed to display the real-time availability of Contractors and to allow Practices to book Contractors directly through the Platform. Practices accept, however, that the accuracy of Contractor information is dependent on the Contractors keeping their details and availability up-to-date and therefore NASGP cannot be held responsible if any data displayed on the Platform is found to be inaccurate or not current.
7. Locum Chambers will be expected to undertake limited reviews and checks of the credentials submitted by Chamber Locums. However, neither NASGP nor the Locum Chamber, can be held responsible if any credentials or information displayed on the Platform or provided to the Practice is found to be false, inaccurate or not current.
8. If you wish to book a Contractor, you should follow the instructions on the Website. The LocumDeck Platform will display for each Contractor their workload, type of work which they will carry out, their terms and conditions and rates payable. If you wish to use our ‘Instant Book’ facility, you will automatically be agreeing to these terms. If you wish to agree different terms, you should not use the ‘Instant Book’ facility.
9. Following an online booking made by “Instant Book’, we will automatically send out to the Practice and the Contractor a confirmation email setting out the work and terms agreed. It is your responsibility to check that the emails has arrived and that the details in the email and online on the LocumDeck Platform match your expectation and requirements.
10. The Practice may be requested to provide details to the Contractor 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).
11. If a Practice or a Contractor wishes to cancel an Assignment after an Instant Book has been made, for Freelance Locums, the Contractor’s cancellation policy as specified in their customised terms and conditions will apply and for Chamber Locums, the Locum Chamber’s terms and cancellation policy will apply.
12. If a Contractor cancels a booked session, a full refund of any booking fee is applied.
13. If the Practice cancels booked sessions, the following cancellation policy will apply to the booking fee (where applicable):
- a full refund will be made, if cancelled up to 28 days before the session date;
- a 50% refund will be made, if cancelled between 14-28 days before the session date; and
- no refund will be made, if cancelled within 14 days of the session date.
14. It is expected that the Practice will engage the Contractor on a temporary basis as a self-employed contractor. We recommend that the Practice signs a form of contractor’s agreement, such as provided by NASGP within LocumDeck, with the Contractor. However, agreeing such an agreement remains at the discretion of the Practice. Whether or not a contractor’s agreement is entered into between the Practice and the Contractor, we do not make any warranty or representation as to the employment or consultancy status of any Contractor. This is a matter solely for the Practice to determine.
15. NASGP is acting as an introducer only. NASGP is not an agency and Contractors are not employees of NASGP. Rather, all Assignments will be solely between the Practice and the Contractor, on such terms as the Practice may agree with the Contractor.
16. The Practice shall be solely responsible for the remuneration of the Contractor and any taxes or National Insurance Contributions which may arise as a result of the Assignment. The Contractor will generate their own invoice for Assignments, or in the case of Chamber Locums, their Locum Chamber may do so on their behalf. Payment of the Contractor’s invoice is made by the Practice directly to the Contractor in accordance with their payment terms.
17. Due to the automated nature of the LocumDeck Platform, no prior checks are made by NASGP as to the credentials, qualifications, suitability or performance of any Contractor. The Practice must carry out its own checks and satisfy itself as to the suitability of any Contractor before engaging their services.
18. The Practice shall be responsible for ensuring that the Contractor satisfies any professional requirements or other qualifications that may be appropriate or required by law for the purposes of performing the Assignment.
19. The Practice shall be responsible for ensuring compliance with all obligations, duties, regulations, by-laws, codes of practice and legal requirements in any way arising from or directly or indirectly connected with the Assignment. For the avoidance of doubt, this includes but is not limited to the Working Time Regulations and the Health and Safety at Work Act and the provision of adequate Employer’s and Public Liability Insurance cover for the Contractor during all Assignments. LocumDeck will automatically store online copies of Contractor information, such as their CV and/or credentials, their invoices and pension forms that have been generated by the Contractor. It is the responsibility of the Practice to download these if the Practice wants to keep copies or a backup of these files.
20. NASGP shall not be liable for any loss, injury, damage, expense or delay incurred or suffered by the Practice arising directly or indirectly from or in any way connected with the introduction of a Contractor or otherwise resulting from the Practice’s 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, injury, damage, expense or delay arising from or in any way connected with failure of a Contractor to meet the requirements of the Practice; any act or omission of a Contractor, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; any loss, injury, damage, expense or delay incurred or suffered by a Contractor; any claim by or on behalf of any Contractor that there existed a contract of employment between the Practice and such Contractor; any income tax, national insurance contributions, interest, costs and/or penalties thereon arising in respect of the Contractor.
21. Nothing in these Terms shall restrict any liability of NASGP to the Practice 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.
22. NASGP has no responsibility for the conduct or performance of the Contractor. In the event you are dissatisfied in any way, your remedy is only against the Contractor, you will not have any claims against us. Any dispute arising between a Practice and a Contractor must be dealt with directly between the Practice and the Contractor.
23. We reserve the right to revise these Terms on reasonable notice to the Practice. 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.
24. 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.
25. 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 Contractor.
26. 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.
27. 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.
28. 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.