This Agreement is entered into by and between the Client (the client) and the company GlobMed Limited (The company) incorporated and registered in England and Wales with company number 13334413 whose registered office is at 83 Charlotte Street, London, England, W1T 4PR, and the Client for the provision of healthcare management and representation services by the company in relation to a third-party healthcare provider.
The Parties agree that this Agreement applies solely to the specific procedure detailed in this agreement. Any further services required by the Client will be subject to a new agreement.
This Agreement uses the terms defined in the Contract Particulars above and the following terms:
Business Day: any day of the year except Saturday, Sunday and any day on which banks are required or authorised to close in the United Kingdom.
Healthcare Manager: a Company appointed employee, having specific responsibility for liaising with the Healthcare Provider on behalf of the Client in relation to the performance of the Procedure.
Discovery Consultation: the initial assessment of the Patient’s medical requirements and their clinical need (if any) for treatment, which may occur either online or in person.
Healthcare File: this includes all the Patient’s relevant medical history including data on the initial assessment of the Patient’s medical history and records, the performance of additional basic health checks and assessments, and any necessary language translations for overseas Healthcare Providers.
Company Services: the services described in clause 4.1.
Practitioner: doctors, nurses, medical staff, and all associates of the Healthcare Provider involved in the Procedure.
Professional Fees: the fees charged by the Healthcare Provider for the Procedure.
Client: is the person or legal entity instructing Company to represent and procure healthcare solutions on their behalf for the Patient.
Patient: is the person receiving treatment by a Doctor or Healthcare Provider.
Healthcare Provider: a licensed third-party Healthcare Provider identified by Company as suitable and engaged under client instruction to perform the Procedure.
Support Services Provider: each third-party service provider (for instance, travel agencies) engaged by Company under client instruction to facilitate the provision of the Procedure. Company does not receive any commission on support services.
Company hereby agrees to provide Company Services in accordance with the terms of this Agreement. This Agreement shall supersede any other documentation or communication between the Company and the Client. Any variation to these Terms and Conditions must be agreed upon in writing by the Parties involved.
Company shall provide the following services to the Client (the “Company Services”):
Collation of the medical Provider of the Client/Patient relevant to the Procedure to create a Healthcare File Arrangement of an Initial Discovery Consultation.
Proposal of a suitable Healthcare Provider for the Procedure; Arrangement of consultation between the Client and Healthcare Providers.
Verify to the best of its abilities that its Healthcare Providers comply with all relevant legal requirements, have obtained any necessary licences, consents, insurance, and permits required of it for the performance of the services in their respective jurisdiction.
Negotiation of the best available price on behalf of the Client; Liaison with clerical, medical, and professional staff at all levels on behalf of the client.
Management and where practicable resolution of any complaint of the Client in relation to the selected Healthcare Provider and any Support Services Provider, and Performance of such other tasks as the Parties agree in writing from time to time.
In the event of any dispute or claims against Healthcare Providers, Company will provide legal and logistical support to Clients within their relevant jurisdiction.
The Parties agree to proceed with Assessment and Treatment procedures as below:
Introductory Procedure: Once the Client instructs Company to procure Healthcare solutions on their behalf by booking a discovery consultation, a deposit of £25 will be due to ensure clients adherence to the booked consultation. The £25 deposit will be refunded to the client 72 hours after the consultation has taken place. No refunds will be issued for no-shows or cancellations made within 24 hours of the appointment. Once the discovery consultation is booked the client’s case will be directed to an appointed Healthcare Manager who will assess the clients circumstances, requirements and provide the client with information on Company services and next steps should the client decide to proceed with any of the Healthcare Providers within Company’s network.
Initial Assessment: Clients may be requested to provide Company with access to all their relevant medical history and files as per Clause 10 (Patients Authority and Representation) Company, through its Healthcare Managers, shall provide an Initial Assessment to establish the Client / Patient’s basic needs. The curated Assessment will be sent to relevant Healthcare Providers to establish their medical requirements and prepare a treatment plan and proposal.
If deemed necessary by the Healthcare Manager; Company shall refer clients to a suitable Healthcare Provider to receive in-person or telemedicine consultations to establish their medical requirements and prepare a treatment plan and proposal.
Parties agree that this Initial Assessment can take place on a one-off basis or constitute part of a treatment plan.
Request for Services
The Parties agree that the Request for Services will take place as follows:
After the Initial Assessment, the Healthcare Provider will present Company and the Client with a treatment plan and a proforma invoice outlining the estimated costs of the procedure.
Treatment plans are to be discussed and agreed upon between the Client, the Healthcare Provider, the Healthcare Manager, and any third-party Healthcare Providers involved.
The Client acknowledges that medical treatments and procedure cost estimations are referential and other legitimate extra costs resulting from complications, extra services or others could arise.
Following the confirmation of the treatment plan by the Client, Company shall request payment from the Client in accordance with the proforma invoice provided by the Healthcare Provider.
The Client, on payment of the proforma invoice via bank transfer, accepts the Provider’s Terms and Conditions, and details of the treatment.
Once the payment has been received, Company Representatives will then communicate with the Provider Representative to take all necessary action to initiate the treatment.
The payment for the proforma invoice and Service Fee will be due to Company within 72 hours after the Client has accepted the Provider proforma invoice.
Each Healthcare Provider is an independent practitioner and is not an employee or subcontractor of Company.
In relation to each Healthcare Provider proposed to the Client, Company warrants that:
it has made a quality assessment of the Healthcare Provider in accordance with subjective and objective criteria outlined in https://globmed.co.uk/about it has established the availability of the Healthcare Provider to provide the procedure.
The final decision to engage the Healthcare Provider is made by the Client and it engages the Healthcare Provider on terms agreed between the Healthcare Provider and the Client directly.
The Client agrees to pay (or procure the payment of) 100% of the estimated Professional Fees and the Service Fee on acceptance of the proforma invoice.
If treatment is due to commence more than 30 days from the signing of the Agreement, 50% of the estimated fees will be due on acceptance of the proforma invoice and the remaining 50% shall be due 14 days before the commencement of treatment.
The Client acknowledges that no treatment will be provided until full payment has been made in accordance with the agreed proforma invoice. If advance payment cannot be made, the Client will not be admitted, and the treatment will not be started.
The Client agrees to maintain provisional funds available during treatment to cover the cost of potential additional services requested and to hold a medical complications insurance.
The Client understands that the price may be varied to consider the following:
Any additional Services, products, or benefits requested by the Client which were not included in the original Pro-forma Invoice; any additional work required to complete the Services which was not anticipated at the time of the Pro-forma Invoice.
In these instances, a new Pro-forma invoice detailing the varied charges will be provided.
The Client is aware that a pro forma invoice may contain a variable percentage of costs, which may only be determined during the treatment itself. Company endeavours to liaise with Healthcare Providers to reduce the variability of the price of treatment.
The Client agrees to respond promptly to all communications from Company and understands that failure to respond promptly may entitle Company to invoice the Client for additional costs.
The Client agrees to use their best endeavours to respond to communications from Company within 24 hours during the Treatment Preparation stage and once Treatment has commenced.
The Client agrees:
To comply with the rules and practices of the selected Healthcare Provider.
To promptly submit true, accurate, and complete information and documents as requested by Company.
To read and study all information provided by Company, Support Services, and the Healthcare Provider.
To consider force majeure events such as storm flight cancellations or imposed travel restrictions in planning their travel to avoid unnecessary cancellations and/or delay of the Procedure.
The Client shall not accept services (including services additional to those managed by Company under this Agreement) directly from any Healthcare Provider unless this has been previously agreed in writing with Company.
Company shall not be liable for any additional costs incurred outside of the agreed Services. This does not include cases where emergency medical treatment is required.
Company reserves the right to recover additional costs incurred by the Client / Patient in cases of emergency medical treatment.
Where the Client travels to the location of the Health Provider, it is the Client’s responsibility to arrange appropriate travel insurance to cover travel cancellation costs or others.
Company shall perform the Services with reasonable skill and care and to a reasonable standard within reasonable time frames to the best of our endeavours, being vigilant to maintain a higher duty of care.
Patients Authority and Representation
The client authorises Company and any of the medical partners in its network to:
Obtain from all applicable healthcare providers (including the NHS) any of the client medical records or other healthcare information (including intake forms, chart notes, reports, correspondence, and billing statements).
Share the clients medical and personal data (including the personal data below and special category personal data) with healthcare providers (whether inside or outside the UK) to the extent necessary to procure healthcare solutions on the clients behalf.
The Client acknowledges that its rights to cancel or delay the Procedure are as set out in its agreement with the Healthcare Provider, or as varied by the Company cancellation terms.
If the Client wishes to rearrange or cancel a request for services, they endeavour to contact the Company Healthcare Manager as soon as possible.
Company will liaise with Healthcare Providers to endeavour to be as accommodating as possible, however, the Client acknowledges that any cancellations, delays, or failure to attend appointments may incur unrecoverable opportunity costs for which the Client may be liable.
The Client agrees that in any instance of cancellation or rescheduling, the Client must promptly pay all outstanding charges incurred to Company and third-party Healthcare Providers.
If Company or the third-party Healthcare provider cancels the Service, this will be notified to the Client in writing as soon as possible.
In this case, Company and the third-party Healthcare Provider shall use their best endeavours to reschedule the appointment to a mutually convenient date and time. If rescheduling is not possible, Company shall then seek out an alternative Healthcare Provider, on behalf of the Client, to provide the Services.
Both Parties agree that refunds are to be credited to the original payment method and will only be paid to the cardholder or person who made the original payment.
The Client acknowledges that refunds can take up to 14 working days to show on the account due to varying processing times between payment providers.
The Agreement shall continue until the Services have been provided as per the Agreement or until terminated by either party with 30 days’ written notice, in accordance with these Terms, as long as it does not affect the completion of a medical treatment or procedure.
In the event of termination, the Client shall pay Company and any relevant Healthcare Provider any unpaid fees for work performed and expenses incurred up to the date of termination. All remaining fees will be refunded to the Client.
Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Neither party shall be in breach of this Agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances, or causes beyond its reasonable control. The time for the performance of such obligations shall be extended accordingly.
To the extent that such exclusions are allowed by law and accepting claims for bodily injury or death due to negligence on the part of Company, Company does not accept any responsibility for any type of damage or loss to the Client caused by third-party Healthcare Providers.
Company shall not be bound by any act or omission, which is done beyond the scope of this agreement by the Client.
Company shall not be liable towards the Client for death of the Patient despite proper treatment, any complication that may arise during or post-treatment resulting in death, permanent/temporary disablement of the Patient for which proper care was taken by Company in the normal course.
The parties (a) hereby irrevocably and unconditionally submit to the jurisdiction of the courts of England and Wales for the purpose of any suit, action, or other proceeding arising out of or based upon this Agreement.
Neither party shall assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Agreement without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed).
MODIFICATION OF THESE TERMS
No amendments or modifications to the terms of this Agreement will be binding unless evidenced in writing and signed by an authorised representative of each party hereto.
If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement. If any provision or part-provision of this Agreement is deemed deleted the parties shall negotiate in good faith to agree on a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
Any notice to be given by either party to the other may be served by email or by tracked post to the address of the other party given in the Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved to be deemed to be received on the day it was sent, or if sent by tracked post shall be deemed to have been delivered in the ordinary course of post.
GENERAL LEGAL PROVISIONS