PPLS - Provincial Pharmacy Locum Services - Terms and conditions

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Definitions

In these terms and conditions:
1. "PPLS"
  
  shall mean Halcyon International Group Limited which operates as an Employment Agency.
2. "The Contract"
  
  shall mean the contract between the Client and PPLS for the introductory service.
3. "Client"
  
  shall mean the person or company using the introductory service.
4. "The Service"
  
  shall mean the introduction of pharmacy locums by PPLS.
5. "Locum"
  
  shall mean a self-employed pharmacist locum introduced to the Client by PPLS and subsequently employed/engaged by the Client.
6. "Potential Locum"
  
  shall mean a self-employed pharmacist locum introduced to the Client by PPLS but who is not subsequently employed/engaged by the Client.
7. "The Agency Fee"
  
  shall mean the fee paid to PPLS by the Client for its introductory/ re-introductory service.
8. "The Introductory Service"
  
  shall mean the sum payable by the Client to PPLS in the event that they engage, employ or otherwise use a Locum or Potential Locum under the terms of section 3 of this Agreement.
9. "The Pharmacist Fee"
  
  shall mean the fee paid by the Client to the Locum.
Fees
1. The Pharmacist Fee shall be paid directly to the Locum by the Client. This will include travelling expenses when applicable. Payment shall be made immediately upon the completion of the locum duty.
2. The Agency Fee shall be paid to PPLS by the Client upon the receipt of an invoice. The Client shall pay the fee within 30 days of the receipt of the invoice which will be issued by PPLS.
3. Any subsequent temporary engagement of the same Locum by the Client within 6 months of the last introduction must be arranged through PPLS and shall be subject to the Agency Fee.
4. Should the Client fail to make payment of the Agency Fee on or before the due date, PPLS shall be entitled to an administration fee as stated on the invoice.
Introductory fee
1. The Client must notify PPLS immediately if they or any subsidiary or associated company directly and/or indirectly engages, employs or uses in any other capacity a:
  1. Locum whose last PPLS placement with the Client ended less than 6 months ago; or
  2. Potential Locum within 6 months of the Potential Locum's details being passed to the Client by PPLS: Unless such employment, engagement or use of the Locum/ Potential Locum has been arranged via PPLS.
2. In the event that the circumstances in clause 3.1 occur, the Client shall pay to PPLS the Introductory Fee. The Introductory Fee shall be payable by the Client to PPLS regardless of whether the Client complies with the notification requirements of clause 3.1.
3. The Introductory Fee represents the work PPLS has undertaken in finding a Locum/ Potential Locum suitable for the Client's business and the work to be undertaken by PPLS in finding a replacement locum to provide PPLS' services in the future. The Introductory Fee shall be 15% of the Locum's/ Potential Locum's annual gross salary which is to be paid by the Client, its subsidiaries or an associated company to the Locum/ Potential Locum. If the Locum/ Potential Locum is engaged, employed or used by the Client, one of its subsidiaries or an associated company for a period of less than 6 months, the Introductory Fee shall be 15% of the Locum's/ Potential Locum's annualised gross salary or remuneration.
4. If the Locum/ Potential Locum subsequently proves to be unsuitable and is dismissed by the Client within 1 month of commencing work for the Client, PPLS shall return 11/12th of the Introductory Fee to the Client.
5. PPLS reserve the right to issue an invoice for the Introductory Fee. If PPLS do issue such an invoice, the invoice is payable by the Client within 30 days of receipt of the invoice by the Client.
The Locum
1. PPLS seeks to ensure the suitability of the Locum by taking up references on the Locum and ensuring that he/ she is a pharmacist registered with the Royal Pharmaceutical Society of Great Britain.
2. Whilst at the Client's establishment or location, the Locum is subject to the Client's safety and security rules.
3. Should the Locum fail to satisfy the reasonable standards required by the client PPLS may, at its absolute discretion, reduce or cancel the Agency Fee for any time worked by the Locum provided that the Locum is dismissed by the Client immediately for such a failure, the Client advises PPLS of such a dismissal within three hours of the Locum being dismissed and confirms such a dismissal in writing within a further 24 hours. No reduction or cancellation of the Agency Fee will be available if the Client has used the same Locum at the same grade and in the same specialisation on previous occasions.
Late payment
1. PPLS may charge interest on any monies due to them at the rate of 4% above base rate of National Westminster Bank Plc from time to time which shall accrue on a daily basis until payment is received in full. PPLS shall also have the right to refuse to arrange further locum cover.
Cancellation
1. Should the Client want to cancel a placement prior to the Locum commencing the placement, but after PPLS has confirmed the placement, then the Client should notify PPLS in writing immediately. Cancellation charges will be 50% of the of the total Pharmacist Fee for the full term that the Locum was confirmed for, payable to the Locum and in addition 100% of the agency fee payable to PPLS.
Liability
1. The Locum supplied by PPLS is not an employee of PPLS but a self-employed contractor. PPLS has no control over the actions of the Locum whilst on a placement with the Client and PPLS shall have no liability to the Client for any acts and/or omissions of the Locum whilst the Locum is acting under the instructions of the Client.
2. The Client shall indemnify and keep indemnified PPLS against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities PPLS may suffer as a result of either the breach of these Terms and Conditions by the Client or of the Locum acting on the instructions of the Client.
3. PPLS shall have no liability to the Client for any:
  1. consequential losses;
  2. loss of profits and/or damage to goodwill;
  3. economic and/or other similar losses;
  4. special damages and indirect losses; and/or
  5. business interruption, loss of business, contracts, opportunity and/or production; that the client may suffer as a result of the acts/omissions of PPLS under these Terms and Conditions.
4. PPLS' total liability to the Client in relation to any one claim shall not exceed £1000. To the extent that PPLS' liability to the Client would be met by any insurance of PPLS then their liablility shall be extended to the extent that such liability is met by such insurance.
5. Each of the exclusions in the Contract shall be deemed to be repeated and apply as a separate provision for each liability for breach of contract; liability in tort (including negligence); liability for breach of statutory duty; and liability for breach of common law except clause 8.4 above which shall apply once only in respect of all the said types of liability.
6. Nothing in these Terms and Conditions shall exclude or limit the liability of PPLS for death or personal injury caused by PPLS' negligence, their employees or their agents or liability which is due to PPLS' fraud or any other liability which it is not permitted to exclude or limit as a matter of law.
Insurance
1. During the period of the placement of the Locum the Client must maintain full and prudent professional indemnity insurance cover with a reputable insurance company and will provide PPLS with evidence of such insurance upon reasonable notice.
Force Majeure
1. Insofar as the introduction by PPLS may be affected by any strike, any lack of available shipping or transport or materials, any restriction, regulation or decree by any local or municipal authority or government department or by any cause beyond PPLS' reasonable control (which shall be construed without reference to the proceeding clause) PPLS may elect at its absolute discretion to either:
  1. Cancel the introduction
  2. Proceed with the introduction within a reasonable time after the termination of such events or circumstances.
General
1. These conditions shall prevail over any conditions of the client and shall only be capable of being varied by agreement in writing of a duly authorised representative of PPLS.