Terms of use
- NASGP Terms and Conditions
- LocumDeck for locums
- LocumDeck for GP practices
- GPitC Data Processing Agreement
NASGP Terms and Conditions
Introduction
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘we’ means Practeus Ltd, trading as NASGP – National Association of Sessional GPs, the owner and operator of the website: www.nasgp.org.uk (the “Website”), a company whose registered office is Amelia House, Crescent Road, Worthing, West Sussex, England, BN11 1QR and company registration number is 10703683 (“NASGP”, “us” and “our” will be construed accordingly).
The term ‘you’ refers to the user or viewer of our Website (and “your” will be construed accordingly).
This Website uses cookies. By using this Website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy and you agree to the use of your information in accordance with our
Privacy Policy.
Use of this Website
Unless otherwise stated, NASGP owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view website pages, download website pages and print website pages for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
You must not use our Website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our Website to transmit or send unsolicited commercial communications.
You must not use our Website for any purposes related to marketing without our express written consent.
Your membership
We offer different levels of membership to our different types of user. Each membership level has its own pricing (in some cases free of charge) and varying access to products and features. Please review the details of your membership terms on the Website to ensure you understand what your membership entitles you to receive and the associated costs (if any).
Please ensure that your membership details are kept up to date. You can view and manage your account information, including your membership status when logged in via My account.
Fees and payments
If you join as a Full GP member, a non-refundable, monthly membership fee is payable.
For users on a monthly membership package, membership commences on the date of first joining and renews on the same date of each calendar month thereafter. Monthly Direct Debit payments of membership fees will be taken on or shortly after this date each month.
We no longer offer an annual membership package. However, if you have already signed up on an annual package, you may be asked to move to a monthly package on expiry of your current term.
Membership fees are paid in advance and are non-refundable (including those members who have signed up to an annual membership fee).
Cancelling your membership
Monthly membership
You can cancel your membership by following the instructions on this form. We will note that you wish to terminate your membership and, if you are paying by Direct Debit, you must also contact your bank or building society to cancel your Direct Debit payments.
Once you have cancelled your Direct Debit and your last monthly payment has expired, you will no longer be able to access full member benefits.
We will not refund monies collected because of your failure to cancel your Direct Debit with your bank.
Annual membership
You can cancel your membership by following the instructions on this form. Banks and building societies generally require at least one day’s notice (we recommend seven days) before the Direct Debit is due to be paid. It is best to check how long your bank needs to avoid the payment being made.
We will not refund monies collected because of your failure to cancel your Direct Debit with your bank.
Members only areas and member services
Access to certain areas of our Website is restricted. We reserve the right to restrict access to areas of this Website, or indeed this entire Website, at our sole discretion.
If NASGP provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
If you register as a Practice Manager on our Website, your access and use of LocumDeck is made on behalf of your practice and by registering as such, you are warranting to us that you have the authority to do so and to bind the practice to these terms and conditions. You agree that you will immediately notify us if you leave the practice or if your role or responsibilities are taken over by any other person. If we receive information that you are no longer acting as the Practice Manager, we reserve the right to delete and/or amend your account details.
The following products and services have been licensed to NASGP by Practeus Ltd, 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”):
LocumDeck
LocumDeck is an easy-to-use, sophisticated online tool that gives GP locums control over how they work and, when using the Instant Book option, gives locums and practices everything they need to book GP locums instantly.
Details of how LocumDeck works and our pricing structure are available at https://www.nasgp.org.uk/locumdeck/. In addition, please see our terms and conditions for use of LocumDeck by practices and locums at the following links:
- LocumDeck for practices – see below
- LocumDeck for locums – see below
AppraisalAid
AppraisalAid is a suite of downloadable, customisable templates which allow GP Locums to gather evidence for their NHS appraisal. Further details are available at https://www.nasgp.org.uk/appraisalaid
NASGP use the services of Practeus to administer and operate certain user services, such as LocumDeck. NASGP and Practeus have entered into a GDPR compliant Data Processing Agreement in order to protect personal data which Practeus may process on behalf of NASGP and to ensure that all personal data is processed in accordance with NASGP’s privacy policy.
Copyright and Licence
This website contains material which is owned by or licensed to us by Practeus (or other third parties). This material includes, but is not limited to, the design, layout, look, appearance and graphics and all documentation, forms, information, guidance, tools and features which may be provided to users through the Website.
You are granted a licence to use the material contained in this website subject to the restrictions described in these Terms.
You are granted a licence to download, store, view, edit, use, reproduce, copy, print, any material contained in this website for your own personal and/or business purposes.
You are not permitted to:
- republish material from this Website (including republication on another website);
- sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or
- reproduce material from the website and any material or any part thereof for use by any third party;
- exploit material on our Website for a commercial purpose;
- use any material in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.
If you breach these Terms in any way then the licence granted to you will be automatically terminated upon such breach and we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Upon the termination of the licence you will promptly and irrevocably delete from your computer systems and other electronic devices all copies of the material and any part thereof in your possession or control, and will permanently destroy any paper or other copies of the material and any part thereof in your possession or control.
We reserve the right to exclude any person from using our Website and material contained therein where a breach of these terms & conditions is suspected.
All material contained in this website is and remain the copyright of NASGP (or its licensors).
You must retain, and must not delete or remove any copyright notices and other proprietary notices placed by us on any material.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
User Submissions
The Website may permit the submission of reviews, comments, images, videos or other content by you and other users (“User Submissions”) and the hosting and publishing of such User Submissions. Our guest articles and contributions which are submitted for publication from a range of accountants, advisors, professional bodies and others are considered ‘User Submissions’ for these purposes.
You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
You represent and warrant that:
- you own or have the necessary rights and permissions to use and authorise us to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use on the Website and in accordance with these Terms; and
- you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms; and
- whilst you retain all of your ownership rights in your User Submissions, by submitting the User Submissions to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire image or video or segments as part of compilations), display and broadcast the User Submissions in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof).
- you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Submission or misstate your true identity.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all User Submissions which may be published on our Website.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and material provided on this website.
The content of the pages of this website is for your general information and use only and it is subject to change without prior notice. It is not to be considered advice or a recommendation to act in any way or advice not to act, and you should not place reliance on the information or guidance which you may find on the Website.
We do not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind (whether medical, legal or financial).
We do not provide any warranty as to the suitability of the information and material found or offered on this website for any particular purpose. Your use of any information or material on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
You acknowledge that information and material found or offered on this website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and Exclusions of Liability
To the extent that the website and the information and services on the website are provided, our liability to you in relation to the use of our website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: neither NASGP or Practeus or their officers, employees or consultants will be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this website. Neither NASGP or Practeus or their officers, employees or consultants will be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
Nothing in these Terms will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
By using this website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this website.
Indemnity
If you breach these Terms you will be held fully responsible for any loss suffered by us as result of such breach and will be held accountable for all profits made from breaching these Terms.
You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms.
Other Websites
This website may contain links to other websites that are not under the control of and are not maintained by us. We are not responsible for the content or reliability of the linked websites. NASGP provides these links for your convenience only but does not endorse the material on these sites.
Waiver
The failure by us to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.
Severance
If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
Variation
We may revise these Terms from time-to-time. Revised Terms will apply to the use of our website from the date of the publication of the revised Terms on our website. Please check this page regularly to ensure you are familiar with the current version.
Exclusion of Third Party Rights
These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
Entire Agreement
These Terms constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
Jurisdiction and Governing Law
These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.
LocumDeck | Terms and Conditions for locums
- 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.
- In these Terms, the following words shall have the following meanings:
- “Assignment” means the 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.
- The LocumDeck Platform has been designed to display the real-time availability of locums to Practices, and to allow Practices to book locums directly through the Platform.
- 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.
- 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.
- In the event that you pay a booking fee via Direct Debit for a session scheduled either through Instant Book or as a remote session, and subsequently do not fulfill the session for any reason, we reserve the right to retain the fee. Under extraordinary circumstances, we may, at our discretion, refund part or all of the fee, subject to an applicable administrative charge.
- A remote session fee will be charged for each session worked remotely on LocumDeck, regardless of device or method of connection you use, or how the session is booked on LocumDeck. The remote session fee will be stated on the platform.
- Commitment to booked sessions: By indicating availability and accepting bookings on LocumDeck, locums commit to attending the booked sessions. Failure to attend without prior notice is considered a breach of this commitment.
- No-show consequences: If a locum fails to attend a booked session without prior notice and valid reason, LocumDeck reserves the right to take the following actions:
- Immediate suspension: Temporarily suspend the locum’s account to prevent further bookings until the matter is resolved.
- Permanent Ban: In cases of repeated offenses, permanently ban the locum from using LocumDeck.
- Notification to practices: Inform practices with future bookings about the no-show incident and potential risk of non-attendance.
- Notification and response: Locums must respond to any communication from LocumDeck regarding no-show incidents within 24 hours. Failure to respond may result in immediate suspension or permanent ban.
- Practice protection: Practices will not be penalised for late cancellations if the cancellation is due to a locum’s no-show at their practice or another practice, including if the practice decides to cancel any or all further future sessions booked for that locum. LocumDeck will work with the practice to find a replacement locum as quickly as possible.
- Right to review and appeal: Locums have the right to request a review of any suspension or ban. Appeals must be submitted in writing within 7 days of the suspension or ban notice.
- We provide use of the GPintheCloud (GPitC) service for Locums in NASGP’s Remote Digital Locum Chambers to perform remote sessions booked or added manually on LocumDeck in advance as a specific remote session. The GPitC service must not be used for any other purposes. We can not be held responsible for any sessions that can not take place due to the GPitC service not being available for any reason. You must have an alternative means for performing the clinical session if there are any unexpected issues causing the GPitC service to be unavailable.
- 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.
- 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.
- 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.
- 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.
- 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 proof 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 proof 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- Your payment and invoicing terms should be set out in your terms and conditions.
- 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).
- It is expected that Practices will engage locums 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.
- NASGP is acting as an introducer only. NASGP is not an agency and locumss 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
LocumDeck | Terms and Conditions for GP practices
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 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 Locum or a introduced to you through the LocumDeck Platform.
- “Freelance Locum” means a self-employed locum registered on the LocumDeck Platform who is not a Chamber Locum.
- “Locum” means a healthcare professional or administrator working in health and social care who registers on LocumDeck to carry out temporary Assignments in Practices.
- “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. 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.
5. 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.
6. 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.
7. 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.
8. 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).
9. 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.
10. If a Contractor cancels a booked session, a full refund of any booking fee is applied.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 the 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.
19. 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.
20. 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.
21. The Practice shall not at any stage during the period of time that the Practice is registered on the Locumdeck Platform, and for a period of 18 months thereafter, directly or indirectly, solicit or encourage any Contractor, Locum, Chamber Locum or Freelance Locum, or any other healthcare professional using the LocumDeck Platform (together “Platform Users”), or take any other action of any other kind, to direct, encourage and/or assist Platform Users to use any other third-party business, website, agency or ‘app’ for any purpose relating to the booking or otherwise of any clinical sessions or sessions of any other type or kind. For the avoidance of doubt, this clause does not prohibit the Practice from offering a Platform User a salaried or partner position in its own Practice.
22. 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.
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 Contractor.
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 the 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.
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.
Data Processing Agreement between your practice and Delt Shared Services Ltd
Data Protection Protocol
Table A – Processing, Personal Data and Data Subjects
Description | Details |
Subject matter of the Processing | Any and all data held in or temporarily generated by the clinical systems supported by the GPintheCloud service as part of the operation of the clinical system. |
Duration of the Processing | This agreement will commence on <<Today>> and be in place for the duration of the contract.
The processing is not occasional. |
Nature and purposes of the Processing | The purpose of the processing is solely to provide the mechanism over which supported clinical systems can be viewed remotely by persons authorised and controlled by the respective data controller.
Delt Shared Services Ltd. will have no access to the clinical system data, which remains under the control of its respective data controller. Depending on the operation of a clinical system for which the data controller has provided access, temporary files may be generated in the virtual machine. Delt Shared Services Ltd will not access or attempt to access this data, unless instructed by the Practice. |
Type of Personal Data | The following data will be viewed via GPintheCloud for Locums to provide direct care to the practice’s registered patients direct:
The following data will be pulled from the Clinical System regarding employees (who have entered into the patient’s record):
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Categories of Data Subject | Patient data – this will be specifically for patients registered with the practice who are being seen by the Locum via GPintheCloud.
Employee’s data – All employees who work within the practice and contribute to the practice’s clinical system. This could be employees who work for the practice permanently (such as Clinicians or Administrators) or on an ad hoc basis (such as Locums). |
Plan for return and destruction of the data once the Processing is complete UNLESS requirement under union or member state law to preserve that type of data | Any temporary files generated by the clinical data system that the clinical data system does not also dispose of will be deleted at the end of the virtual machines lifespan (not more than 30 days) |
Definitions
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“Data Protection Impact Assessment” | means an assessment by the Controller of the impact of the envisaged Processing on the protection of Personal Data; |
“Data Protection Officer” and “Data Subject” | shall have the same meanings as set out in the GDPR; |
“Data Subject Access Request” | means a request made by, or on behalf of, a Data Subject in accordance with rights granted pursuant to the Data Protection Legislation to access their Personal Data. |
“Personal Data Breach” | shall have the same meaning as set out in the GDPR; |
“Protective Measures” | means appropriate technical and organisational measures which may include: pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by it; |
“Protocol” or “Data Protection Protocol” | means this Data Protection Protocol; |
“Sub-processor” | means any third party appointed to Process Personal Data on behalf of the Supplier related to this Contract. |
DATA PROTECTION
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- The Parties acknowledge that for the purposes of the Data Protection Legislation, the GP Practice [“the Authority”] is the Controller and Delt Shared Services Ltd [“the Supplier”] is the Processor. The only Processing that the Supplier is authorised to do is listed in Table A of this Protocol by the Authority and may not be determined by the Supplier.
- The Supplier shall notify the Authority immediately if it considers that any of the Authority’s instructions infringe the Data Protection Legislation.
- The Supplier shall provide all reasonable assistance to the Authority in the preparation of any Data Protection Impact Assessment prior to commencing any Processing. Such assistance may, at the discretion of the Authority, include:
- a systematic description of the envisaged Processing operations and the purpose of the Processing;
- an assessment of the necessity and proportionality of the Processing operations in relation to the Services;
- an assessment of the risks to the rights and freedoms of Data Subjects; and
- the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of Personal Data.
- The Supplier shall, in relation to any Personal Data Processed in connection with its obligations under this Contract:
- process that Personal Data only in accordance with Table A of this Protocol, unless the Supplier is required to do otherwise by Law. If it is so required the Supplier shall promptly notify the Authority before Processing the Personal Data unless prohibited by Law;
- ensure that it has in place Protective Measures, which have been reviewed and approved by the Authority as appropriate to protect against a Data Loss Event having taken account of the:
- nature of the data to be protected;
- harm that might result from a Data Loss Event;
- state of technological development; and
- cost of implementing any measures;
- ensure that :
- the Supplier Personnel do not Process Personal Data except in accordance with this Contract (and in particular Table A of this Protocol);
- it takes all reasonable steps to ensure the reliability and integrity of any Supplier Personnel who have access to the Personal Data and ensure that they:
- are aware of and comply with the Supplier’s duties under this Protocol;
- are subject to appropriate confidentiality undertakings with the Supplier or any Sub-processor;
- are informed of the confidential nature of the Personal Data and do not publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Authority or as otherwise permitted by this Contract; and
- have undergone adequate training in the use, care, protection and handling of Personal Data;
- not transfer Personal Data outside of the EU unless the prior written consent of the Authority has been obtained and the following conditions are fulfilled:
- the Authority or the Supplier has provided appropriate safeguards in relation to the transfer (whether in accordance with Article 46 of the GDPR or Article 37 of the Law Enforcement Directive (Directive (EU) 2016/680)) as determined by the Authority;
- the Data Subject has enforceable rights and effective legal remedies;
- the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred (or, if it is not so bound, uses its best endeavours to assist the Authority in meeting its obligations); and
- the Supplier complies with any reasonable instructions notified to it in advance by the Authority with respect to the Processing of the Personal Data;
- at the written direction of the Authority, delete or return Personal Data (and any copies of it) to the Authority on termination or expiry of the Contract unless the Supplier is required by Law to retain the Personal Data.
- Subject to Clause 1.6 of this Protocol, the Supplier shall notify the Authority immediately if it:
- receives a Data Subject Access (or purported Data Subject Access Request), Freedom of Information or Environmental Information Regulation (EIR) request;
- receives a request to rectify, block or erase any Personal Data;
- receives any other request, complaint or communication relating to either Party’s obligations under the Data Protection Legislation;
- receives any communication from the Information Commissioner or any other regulatory authority in connection with Personal Data Processed under this Contract;
- receives a request from any third party for disclosure of Personal Data where compliance with such request is required or purported to be required by Law; or
- becomes aware of a Data Loss Event.
- The Supplier’s obligation to notify under Clause 1.5 of this Protocol shall include the provision of further information to the Authority in phases, as details become available.
- Taking into account the nature of the Processing, the Supplier shall provide the Authority with full assistance in relation to either Party’s obligations under Data Protection Legislation and any complaint, communication or request made under Clause 1.5 of this Protocol (and insofar as possible within the timescales reasonably required by the Authority) including by promptly providing:
- the Authority with full details and copies of the complaint, communication or request;
- such assistance as is reasonably requested by the Authority to enable the Authority to comply with a Data Subject Access Request within the relevant timescales set out in the Data Protection Legislation;
- the Authority, at its request, with any Personal Data it holds in relation to a Data Subject;
- assistance as requested by the Authority following any Data Loss Event;
- assistance as requested by the Authority with respect to any request from the Information Commissioner’s Office, or any consultation by the Authority with the Information Commissioner’s Office.
- The Supplier shall maintain complete and accurate records and information to demonstrate its compliance with this Protocol. This requirement does not apply where the Supplier employs fewer than 250 staff, unless:
- the Authority determines that the Processing is not occasional;
- the Authority determines the Processing includes special categories of data as referred to in Article 9(1) of the GDPR or Personal Data relating to criminal convictions and offences referred to in Article 10 of the GDPR; and
- the Authority determines that the Processing is likely to result in a risk to the rights and freedoms of Data Subjects.
- The Supplier shall allow for audits of its Processing activity by the Authority or the Authority’s designated auditor.
- The Supplier shall designate a Data Protection Officer if required by the Data Protection Legislation.
- Before allowing any Sub-processor to Process any Personal Data related to this Contract, the Supplier must:
- notify the Authority in writing of the intended Sub-processor and Processing;
- obtain the written consent of the Authority;
- enter into a written agreement with the Sub-processor which give effect to the terms set out in this Protocol such that they apply to the Sub-processor; and
- provide the Authority with such information regarding the Sub-processor as the Authority may reasonably require.
- The Supplier shall remain fully liable for all acts or omissions of any Sub-processor.
- The Authority may, at any time on not less than 30 Business Days’ notice, revise this Protocol by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when incorporated by attachment to this Contract).
- The Parties agree to be compliant with any guidance issued by the Information Commissioner’s Office. The Authority may on not less than 30 Business Days’ notice to the Supplier amend this Protocol to ensure that it complies with any guidance issued by the Information Commissioner’s Office.
- The Supplier shall comply with any further instructions with respect to Processing issued by the Authority by written notice. Any such further written instructions shall be deemed to be incorporated into Table A above from the date at which such notice is treated as having been received by the Supplier.
- Subject to Clauses 1.13, 1.14, and 1.15 of this Protocol, any change or other variation to this Protocol shall only be binding once it has been agreed in writing and signed by an authorised representative of both Parties.
- The information processing and this agreement will be reviewed by a suitably qualified individual or committee/group by the Controller and Supplier, at a minimum annually, and on an ad hoc basis as and when required to ensure the agreement remains fit for purpose and that the information processing is continuing to effectively achieve its objectives. This agreement will remain in force irrespective of whether the agreement has been officially reviewed until a notice of termination is served.
NASGP Terms and Conditions
NASGP Terms and Conditions
Introduction
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘we’ means Practeus Ltd, trading as NASGP – National Association of Sessional GPs, the owner and operator of the website: www.nasgp.org.uk (the “Website”), a company whose registered office is Amelia House, Crescent Road, Worthing, West Sussex, England, BN11 1QR and company registration number is 10703683 (“NASGP”, “us” and “our” will be construed accordingly).
The term ‘you’ refers to the user or viewer of our Website (and “your” will be construed accordingly).
This Website uses cookies. By using this Website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy and you agree to the use of your information in accordance with our
Privacy Policy.
Use of this Website
Unless otherwise stated, NASGP owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view website pages, download website pages and print website pages for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
You must not use our Website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our Website to transmit or send unsolicited commercial communications.
You must not use our Website for any purposes related to marketing without our express written consent.
Your membership
We offer different levels of membership to our different types of user. Each membership level has its own pricing (in some cases free of charge) and varying access to products and features. Please review the details of your membership terms on the Website to ensure you understand what your membership entitles you to receive and the associated costs (if any).
Please ensure that your membership details are kept up to date. You can view and manage your account information, including your membership status when logged in via My account.
Fees and payments
If you join as a Full GP member, a non-refundable, monthly membership fee is payable.
For users on a monthly membership package, membership commences on the date of first joining and renews on the same date of each calendar month thereafter. Monthly Direct Debit payments of membership fees will be taken on or shortly after this date each month.
We no longer offer an annual membership package. However, if you have already signed up on an annual package, you may be asked to move to a monthly package on expiry of your current term.
Membership fees are paid in advance and are non-refundable (including those members who have signed up to an annual membership fee).
Cancelling your membership
Monthly membership
You can cancel your membership by following the instructions on this form. We will note that you wish to terminate your membership and, if you are paying by Direct Debit, you must also contact your bank or building society to cancel your Direct Debit payments.
Once you have cancelled your Direct Debit and your last monthly payment has expired, you will no longer be able to access full member benefits.
We will not refund monies collected because of your failure to cancel your Direct Debit with your bank.
Annual membership
You can cancel your membership by following the instructions on this form. Banks and building societies generally require at least one day’s notice (we recommend seven days) before the Direct Debit is due to be paid. It is best to check how long your bank needs to avoid the payment being made.
We will not refund monies collected because of your failure to cancel your Direct Debit with your bank.
Members only areas and member services
Access to certain areas of our Website is restricted. We reserve the right to restrict access to areas of this Website, or indeed this entire Website, at our sole discretion.
If NASGP provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
If you register as a Practice Manager on our Website, your access and use of LocumDeck is made on behalf of your practice and by registering as such, you are warranting to us that you have the authority to do so and to bind the practice to these terms and conditions. You agree that you will immediately notify us if you leave the practice or if your role or responsibilities are taken over by any other person. If we receive information that you are no longer acting as the Practice Manager, we reserve the right to delete and/or amend your account details.
The following products and services have been licensed to NASGP by Practeus Ltd, 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”):
LocumDeck
LocumDeck is an easy-to-use, sophisticated online tool that gives GP locums control over how they work and, when using the Instant Book option, gives locums and practices everything they need to book GP locums instantly.
Details of how LocumDeck works and our pricing structure are available at https://www.nasgp.org.uk/locumdeck/. In addition, please see our terms and conditions for use of LocumDeck by practices and locums at the following links:
- LocumDeck for practices – see below
- LocumDeck for locums – see below
AppraisalAid
AppraisalAid is a suite of downloadable, customisable templates which allow GP Locums to gather evidence for their NHS appraisal. Further details are available at https://www.nasgp.org.uk/appraisalaid
NASGP use the services of Practeus to administer and operate certain user services, such as LocumDeck. NASGP and Practeus have entered into a GDPR compliant Data Processing Agreement in order to protect personal data which Practeus may process on behalf of NASGP and to ensure that all personal data is processed in accordance with NASGP’s privacy policy.
Copyright and Licence
This website contains material which is owned by or licensed to us by Practeus (or other third parties). This material includes, but is not limited to, the design, layout, look, appearance and graphics and all documentation, forms, information, guidance, tools and features which may be provided to users through the Website.
You are granted a licence to use the material contained in this website subject to the restrictions described in these Terms.
You are granted a licence to download, store, view, edit, use, reproduce, copy, print, any material contained in this website for your own personal and/or business purposes.
You are not permitted to:
- republish material from this Website (including republication on another website);
- sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or
- reproduce material from the website and any material or any part thereof for use by any third party;
- exploit material on our Website for a commercial purpose;
- use any material in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.
If you breach these Terms in any way then the licence granted to you will be automatically terminated upon such breach and we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Upon the termination of the licence you will promptly and irrevocably delete from your computer systems and other electronic devices all copies of the material and any part thereof in your possession or control, and will permanently destroy any paper or other copies of the material and any part thereof in your possession or control.
We reserve the right to exclude any person from using our Website and material contained therein where a breach of these terms & conditions is suspected.
All material contained in this website is and remain the copyright of NASGP (or its licensors).
You must retain, and must not delete or remove any copyright notices and other proprietary notices placed by us on any material.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
User Submissions
The Website may permit the submission of reviews, comments, images, videos or other content by you and other users (“User Submissions”) and the hosting and publishing of such User Submissions. Our guest articles and contributions which are submitted for publication from a range of accountants, advisors, professional bodies and others are considered ‘User Submissions’ for these purposes.
You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
You represent and warrant that:
- you own or have the necessary rights and permissions to use and authorise us to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use on the Website and in accordance with these Terms; and
- you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms; and
- whilst you retain all of your ownership rights in your User Submissions, by submitting the User Submissions to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire image or video or segments as part of compilations), display and broadcast the User Submissions in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof).
- you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Submission or misstate your true identity.
We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.
You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all User Submissions which may be published on our Website.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and material provided on this website.
The content of the pages of this website is for your general information and use only and it is subject to change without prior notice. It is not to be considered advice or a recommendation to act in any way or advice not to act, and you should not place reliance on the information or guidance which you may find on the Website.
We do not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind (whether medical, legal or financial).
We do not provide any warranty as to the suitability of the information and material found or offered on this website for any particular purpose. Your use of any information or material on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
You acknowledge that information and material found or offered on this website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitations and Exclusions of Liability
To the extent that the website and the information and services on the website are provided, our liability to you in relation to the use of our website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: neither NASGP or Practeus or their officers, employees or consultants will be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this website. Neither NASGP or Practeus or their officers, employees or consultants will be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
Nothing in these Terms will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
By using this website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this website.
Indemnity
If you breach these Terms you will be held fully responsible for any loss suffered by us as result of such breach and will be held accountable for all profits made from breaching these Terms.
You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms.
Other Websites
This website may contain links to other websites that are not under the control of and are not maintained by us. We are not responsible for the content or reliability of the linked websites. NASGP provides these links for your convenience only but does not endorse the material on these sites.
Waiver
The failure by us to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.
Severance
If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
Variation
We may revise these Terms from time-to-time. Revised Terms will apply to the use of our website from the date of the publication of the revised Terms on our website. Please check this page regularly to ensure you are familiar with the current version.
Exclusion of Third Party Rights
These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
Entire Agreement
These Terms constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
Jurisdiction and Governing Law
These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.
LocumDeck for locums
LocumDeck | Terms and Conditions for locums
- 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.
- In these Terms, the following words shall have the following meanings:
- “Assignment” means the 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.
- The LocumDeck Platform has been designed to display the real-time availability of locums to Practices, and to allow Practices to book locums directly through the Platform.
- 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.
- 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.
- In the event that you pay a booking fee via Direct Debit for a session scheduled either through Instant Book or as a remote session, and subsequently do not fulfill the session for any reason, we reserve the right to retain the fee. Under extraordinary circumstances, we may, at our discretion, refund part or all of the fee, subject to an applicable administrative charge.
- A remote session fee will be charged for each session worked remotely on LocumDeck, regardless of device or method of connection you use, or how the session is booked on LocumDeck. The remote session fee will be stated on the platform.
- Commitment to booked sessions: By indicating availability and accepting bookings on LocumDeck, locums commit to attending the booked sessions. Failure to attend without prior notice is considered a breach of this commitment.
- No-show consequences: If a locum fails to attend a booked session without prior notice and valid reason, LocumDeck reserves the right to take the following actions:
- Immediate suspension: Temporarily suspend the locum’s account to prevent further bookings until the matter is resolved.
- Permanent Ban: In cases of repeated offenses, permanently ban the locum from using LocumDeck.
- Notification to practices: Inform practices with future bookings about the no-show incident and potential risk of non-attendance.
- Notification and response: Locums must respond to any communication from LocumDeck regarding no-show incidents within 24 hours. Failure to respond may result in immediate suspension or permanent ban.
- Practice protection: Practices will not be penalised for late cancellations if the cancellation is due to a locum’s no-show at their practice or another practice, including if the practice decides to cancel any or all further future sessions booked for that locum. LocumDeck will work with the practice to find a replacement locum as quickly as possible.
- Right to review and appeal: Locums have the right to request a review of any suspension or ban. Appeals must be submitted in writing within 7 days of the suspension or ban notice.
- We provide use of the GPintheCloud (GPitC) service for Locums in NASGP’s Remote Digital Locum Chambers to perform remote sessions booked or added manually on LocumDeck in advance as a specific remote session. The GPitC service must not be used for any other purposes. We can not be held responsible for any sessions that can not take place due to the GPitC service not being available for any reason. You must have an alternative means for performing the clinical session if there are any unexpected issues causing the GPitC service to be unavailable.
- 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.
- 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.
- 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.
- 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.
- 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 proof 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 proof 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- Your payment and invoicing terms should be set out in your terms and conditions.
- 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).
- It is expected that Practices will engage locums 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.
- NASGP is acting as an introducer only. NASGP is not an agency and locumss 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
LocumDeck for GP practices
LocumDeck | Terms and Conditions for GP practices
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 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 Locum or a introduced to you through the LocumDeck Platform.
- “Freelance Locum” means a self-employed locum registered on the LocumDeck Platform who is not a Chamber Locum.
- “Locum” means a healthcare professional or administrator working in health and social care who registers on LocumDeck to carry out temporary Assignments in Practices.
- “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. 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.
5. 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.
6. 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.
7. 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.
8. 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).
9. 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.
10. If a Contractor cancels a booked session, a full refund of any booking fee is applied.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 the 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.
19. 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.
20. 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.
21. The Practice shall not at any stage during the period of time that the Practice is registered on the Locumdeck Platform, and for a period of 18 months thereafter, directly or indirectly, solicit or encourage any Contractor, Locum, Chamber Locum or Freelance Locum, or any other healthcare professional using the LocumDeck Platform (together “Platform Users”), or take any other action of any other kind, to direct, encourage and/or assist Platform Users to use any other third-party business, website, agency or ‘app’ for any purpose relating to the booking or otherwise of any clinical sessions or sessions of any other type or kind. For the avoidance of doubt, this clause does not prohibit the Practice from offering a Platform User a salaried or partner position in its own Practice.
22. 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.
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 Contractor.
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 the 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.
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.
GPitC Data Processing Agreement
Data Processing Agreement between your practice and Delt Shared Services Ltd
Data Protection Protocol
Table A – Processing, Personal Data and Data Subjects
Description | Details |
Subject matter of the Processing | Any and all data held in or temporarily generated by the clinical systems supported by the GPintheCloud service as part of the operation of the clinical system. |
Duration of the Processing | This agreement will commence on <<Today>> and be in place for the duration of the contract.
The processing is not occasional. |
Nature and purposes of the Processing | The purpose of the processing is solely to provide the mechanism over which supported clinical systems can be viewed remotely by persons authorised and controlled by the respective data controller.
Delt Shared Services Ltd. will have no access to the clinical system data, which remains under the control of its respective data controller. Depending on the operation of a clinical system for which the data controller has provided access, temporary files may be generated in the virtual machine. Delt Shared Services Ltd will not access or attempt to access this data, unless instructed by the Practice. |
Type of Personal Data | The following data will be viewed via GPintheCloud for Locums to provide direct care to the practice’s registered patients direct:
The following data will be pulled from the Clinical System regarding employees (who have entered into the patient’s record):
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Categories of Data Subject | Patient data – this will be specifically for patients registered with the practice who are being seen by the Locum via GPintheCloud.
Employee’s data – All employees who work within the practice and contribute to the practice’s clinical system. This could be employees who work for the practice permanently (such as Clinicians or Administrators) or on an ad hoc basis (such as Locums). |
Plan for return and destruction of the data once the Processing is complete UNLESS requirement under union or member state law to preserve that type of data | Any temporary files generated by the clinical data system that the clinical data system does not also dispose of will be deleted at the end of the virtual machines lifespan (not more than 30 days) |
Definitions
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“Data Protection Impact Assessment” | means an assessment by the Controller of the impact of the envisaged Processing on the protection of Personal Data; |
“Data Protection Officer” and “Data Subject” | shall have the same meanings as set out in the GDPR; |
“Data Subject Access Request” | means a request made by, or on behalf of, a Data Subject in accordance with rights granted pursuant to the Data Protection Legislation to access their Personal Data. |
“Personal Data Breach” | shall have the same meaning as set out in the GDPR; |
“Protective Measures” | means appropriate technical and organisational measures which may include: pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of such measures adopted by it; |
“Protocol” or “Data Protection Protocol” | means this Data Protection Protocol; |
“Sub-processor” | means any third party appointed to Process Personal Data on behalf of the Supplier related to this Contract. |
DATA PROTECTION
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- The Parties acknowledge that for the purposes of the Data Protection Legislation, the GP Practice [“the Authority”] is the Controller and Delt Shared Services Ltd [“the Supplier”] is the Processor. The only Processing that the Supplier is authorised to do is listed in Table A of this Protocol by the Authority and may not be determined by the Supplier.
- The Supplier shall notify the Authority immediately if it considers that any of the Authority’s instructions infringe the Data Protection Legislation.
- The Supplier shall provide all reasonable assistance to the Authority in the preparation of any Data Protection Impact Assessment prior to commencing any Processing. Such assistance may, at the discretion of the Authority, include:
- a systematic description of the envisaged Processing operations and the purpose of the Processing;
- an assessment of the necessity and proportionality of the Processing operations in relation to the Services;
- an assessment of the risks to the rights and freedoms of Data Subjects; and
- the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of Personal Data.
- The Supplier shall, in relation to any Personal Data Processed in connection with its obligations under this Contract:
- process that Personal Data only in accordance with Table A of this Protocol, unless the Supplier is required to do otherwise by Law. If it is so required the Supplier shall promptly notify the Authority before Processing the Personal Data unless prohibited by Law;
- ensure that it has in place Protective Measures, which have been reviewed and approved by the Authority as appropriate to protect against a Data Loss Event having taken account of the:
- nature of the data to be protected;
- harm that might result from a Data Loss Event;
- state of technological development; and
- cost of implementing any measures;
- ensure that :
- the Supplier Personnel do not Process Personal Data except in accordance with this Contract (and in particular Table A of this Protocol);
- it takes all reasonable steps to ensure the reliability and integrity of any Supplier Personnel who have access to the Personal Data and ensure that they:
- are aware of and comply with the Supplier’s duties under this Protocol;
- are subject to appropriate confidentiality undertakings with the Supplier or any Sub-processor;
- are informed of the confidential nature of the Personal Data and do not publish, disclose or divulge any of the Personal Data to any third party unless directed in writing to do so by the Authority or as otherwise permitted by this Contract; and
- have undergone adequate training in the use, care, protection and handling of Personal Data;
- not transfer Personal Data outside of the EU unless the prior written consent of the Authority has been obtained and the following conditions are fulfilled:
- the Authority or the Supplier has provided appropriate safeguards in relation to the transfer (whether in accordance with Article 46 of the GDPR or Article 37 of the Law Enforcement Directive (Directive (EU) 2016/680)) as determined by the Authority;
- the Data Subject has enforceable rights and effective legal remedies;
- the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred (or, if it is not so bound, uses its best endeavours to assist the Authority in meeting its obligations); and
- the Supplier complies with any reasonable instructions notified to it in advance by the Authority with respect to the Processing of the Personal Data;
- at the written direction of the Authority, delete or return Personal Data (and any copies of it) to the Authority on termination or expiry of the Contract unless the Supplier is required by Law to retain the Personal Data.
- Subject to Clause 1.6 of this Protocol, the Supplier shall notify the Authority immediately if it:
- receives a Data Subject Access (or purported Data Subject Access Request), Freedom of Information or Environmental Information Regulation (EIR) request;
- receives a request to rectify, block or erase any Personal Data;
- receives any other request, complaint or communication relating to either Party’s obligations under the Data Protection Legislation;
- receives any communication from the Information Commissioner or any other regulatory authority in connection with Personal Data Processed under this Contract;
- receives a request from any third party for disclosure of Personal Data where compliance with such request is required or purported to be required by Law; or
- becomes aware of a Data Loss Event.
- The Supplier’s obligation to notify under Clause 1.5 of this Protocol shall include the provision of further information to the Authority in phases, as details become available.
- Taking into account the nature of the Processing, the Supplier shall provide the Authority with full assistance in relation to either Party’s obligations under Data Protection Legislation and any complaint, communication or request made under Clause 1.5 of this Protocol (and insofar as possible within the timescales reasonably required by the Authority) including by promptly providing:
- the Authority with full details and copies of the complaint, communication or request;
- such assistance as is reasonably requested by the Authority to enable the Authority to comply with a Data Subject Access Request within the relevant timescales set out in the Data Protection Legislation;
- the Authority, at its request, with any Personal Data it holds in relation to a Data Subject;
- assistance as requested by the Authority following any Data Loss Event;
- assistance as requested by the Authority with respect to any request from the Information Commissioner’s Office, or any consultation by the Authority with the Information Commissioner’s Office.
- The Supplier shall maintain complete and accurate records and information to demonstrate its compliance with this Protocol. This requirement does not apply where the Supplier employs fewer than 250 staff, unless:
- the Authority determines that the Processing is not occasional;
- the Authority determines the Processing includes special categories of data as referred to in Article 9(1) of the GDPR or Personal Data relating to criminal convictions and offences referred to in Article 10 of the GDPR; and
- the Authority determines that the Processing is likely to result in a risk to the rights and freedoms of Data Subjects.
- The Supplier shall allow for audits of its Processing activity by the Authority or the Authority’s designated auditor.
- The Supplier shall designate a Data Protection Officer if required by the Data Protection Legislation.
- Before allowing any Sub-processor to Process any Personal Data related to this Contract, the Supplier must:
- notify the Authority in writing of the intended Sub-processor and Processing;
- obtain the written consent of the Authority;
- enter into a written agreement with the Sub-processor which give effect to the terms set out in this Protocol such that they apply to the Sub-processor; and
- provide the Authority with such information regarding the Sub-processor as the Authority may reasonably require.
- The Supplier shall remain fully liable for all acts or omissions of any Sub-processor.
- The Authority may, at any time on not less than 30 Business Days’ notice, revise this Protocol by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when incorporated by attachment to this Contract).
- The Parties agree to be compliant with any guidance issued by the Information Commissioner’s Office. The Authority may on not less than 30 Business Days’ notice to the Supplier amend this Protocol to ensure that it complies with any guidance issued by the Information Commissioner’s Office.
- The Supplier shall comply with any further instructions with respect to Processing issued by the Authority by written notice. Any such further written instructions shall be deemed to be incorporated into Table A above from the date at which such notice is treated as having been received by the Supplier.
- Subject to Clauses 1.13, 1.14, and 1.15 of this Protocol, any change or other variation to this Protocol shall only be binding once it has been agreed in writing and signed by an authorised representative of both Parties.
- The information processing and this agreement will be reviewed by a suitably qualified individual or committee/group by the Controller and Supplier, at a minimum annually, and on an ad hoc basis as and when required to ensure the agreement remains fit for purpose and that the information processing is continuing to effectively achieve its objectives. This agreement will remain in force irrespective of whether the agreement has been officially reviewed until a notice of termination is served.