1. the following words and phrases shall bear the following meanings:
2. "Agreement" means the agreement between Watdoc and the Client comprising the terms set out in this document.
3. "Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business.
4. "Client Services" means the services to be performed by the Client under this Agreement.
5. "Engagement" means a GP's engagement by the Client on the terms set out in the GP Agreement.
6. "GP" means the individual named in the relevant Engagement Details relating to the relevant Engagement.
7. "GP Agreement" means an agreement between the Client and the GP.
8. "GP Invoice" means the invoice generated by a GP once the HP confirms completion of an engagement.
9. "GP Services" means the services to be performed by a GP in relation to an Engagement.
10. "Watdoc Web Platform" means www.watdoc.com.
11. "Short Notice Cancellation Service Fee" means the fee payable by the Client to Watdoc in respect of the cancellation of an engagement, which is cancelled at short notice.
12. "Vacancy" means the specific details of a potential vacancy at the Client
13. "Vacancy Notification" means a notification by the Client to the GP through the Watdoc Platform of a vacancy to perform the GP Services in accordance with Engagement Details and these General Terms and Conditions.
1. We are an online web platform promoting direct engagement between the HP (GPs) and HCP (Clients) and charge a booking fee to facilitate this process. As a result, watdoc is neither an employment or recruitment business.
1. By accessing or using www.watdoc.com the User agrees to fully comply with these Terms and Conditions, including the acceptance of liability as detailed in clauses 4, 5 and 11 and limitations and exclusions of the Company’s liability to the User as set out particularly in clause 12. If the User does not wish to be bound by them he/she should leave the site now and not use this website in the future.
3. The User shall indemnify the Company against any unauthorised use of his/her user ID and password, including use by a third party where the User has allowed or facilitated that third party to have access to any Material, however so received.
4. The User shall indemnify the Company against all costs, claims, demands or expenses incurred by or made against the Company and/or www.watdoc.com as a result of any breach of these Terms and Conditions by the User and/or by any third party permitted or facilitated by that User to have access to any Material, howsoever arising.
5. In order to submit material to www.watdoc.com the User may be required to register a unique user ID and password in accordance with clause 3. In this event the User undertakes not to maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor to seek to pass itself off as another User.
6. The Company reserves the right to prohibit access to www.watdoc.com by any person(s) at its sole discretion, from which point any user ID and password will be rendered inoperative.
7. Any submission of Material by the User (“Contributed Material”) will be on the following terms:
8. Subject to clause 16 the User may download Material electronically; print extracts and/or make copies of these for his/her own personal and non-commercial use only. This does not include downloading, storing, transmitting, displaying, copying or distributing Material, or extracts from it, in a structured manner or creating a database in any form comprising all or part of the Material.
10. The User acknowledges that any breach of clause 8 may cause damage or loss to the Company and agrees to indemnify the Company in full against any third party liabilities, claims, costs, loss or damage including consequential losses, incurred as a result of publishing Contributed Material submitted by the User.
11. To the extent permitted by law the Company, its agents or representatives shall have no liability whatsoever to the User for any direct, indirect or consequential loss or special loss or damage, cost or expense suffered or incurred by the User (whether arising in tort, contract or otherwise, and whether arising from the negligence, breach of contract, defamation, infringement of copyright or other intellectual rights) caused by use of www.watdoc.com or from the negligence of its employees or agents or licensors, and whether asserted against the Company, www.watdoc.com or against any third party in connection with its use, inability to use, or results of the use of www.watdoc.com, any websites linked to it and any Material, including:
12. The Company does not make any representation or give any warranty, either express or implied:
13. The Company and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to www.watdoc.com.
14. www.watdoc.com does not purport to provide advice. Although care is taken in the preparation of information supplied by www.watdoc.com, the Company is not responsible for Users taking or refraining from taking actions on the basis of information provided by www.watdoc.com.
15. All rights in www.watdoc.com, the Material, and any other content displayed on www.watdoc.com are owned by or licensed to the Company and are reserved.
16. All Material other than that submitted by Users on a Centaur website is the property of the Company. Reproduction without the Company’s permission is prohibited. For such permission Users should write to the Company Secretary of the Company at the registered address.
17. These Terms and Conditions, and the provision of www.watdoc.com, are governed by the Laws of England and shall be subject to the exclusive jurisdiction of the English courts.
18. When one user enters into any contract with the other user through this site, the contract of services is effective between these contracting users on the terms stated therein and the users undertake to account to HM Revenue for any statutory deductions due from such payments accordingly and to ensure all measures have been taken to satisfy the professional requirements for the nature of employment contract and necessary workmanship.
19. The company offers a free subscription service to the HCP and HP however the charge is subject to change.
20. Watdoc is currently free to register and use for all HCP in the NHS. A 15% commission on the total amount paid to the HP is charged for non NHS services. This is made payable to Watdoc Limited.
21. A late payment charge of 10% per day will be applied if the HCP fails to pay Watdoc Limited within 28 business days.
22. Payment terms: these are fully editable by the user when logged in Locum GP: Payment
23. Timescale: To be paid before 28 days (editable) days from the invoice date.
24. A late payment charge of 10% (editable) of the invoiced total per week after this 28 day (editable) period.
25. Cancellation within 2 days of an accepted job: I agree to contact the Practice directly
|Cancellation by practice||Cancellation by GP|
|26.||If > 15 days||no charge||no charge|
|27.||If 3-14 daysark||50% charge of full fee||Undertake next session at 50%|
|28.||If < 2 days:||Full fee payable||work the next job for 25%|
29. Practice, Payment:
30. Timescale: All invoices shall be paid 28 (editable) days from the invoice date.
31. We agree to pay a late payment charge of 10% (editable) of the invoiced total per week, if the invoice is delayed beyond 28 days (editable)
32. Cancellation within 2 days of the advertised job: I agree to contact the Locum GP directly.
|Cancellation by practice||Cancellation by GP|
|33.||If > 15 days||no charge||no charge|
|34.||If 3-14 daysark||50% charge of full fee||Undertake next session at 50%|
|35.||If < 2 days:||Full fee payable||work the next job for 25%|
36. When a GP registers with a user account to the Watdoc services you consent to Watdoc using this information for verification. In terms of experience, references, ID, NI number, Company registration, Medical Insurance, Passport, GMC, Performers List and the GP register. We will check your GMC and Performers list status with both the GMC and National Performers list database. All other checks will be done by Watdoc as far as reasonably possible based on the information provided by the GP. Surgery details uploaded from //www.england.nhs.uk/wp-content/uploads/2013/.../list-of-proposed-practices.xls
37. The Company reserves the right to vary or amend these Terms and Conditions at any time without notice. Users should review these Terms and Conditions regularly as Users will be deemed to have accepted a variation in continuing to use the site after it has been posted.
38. To the fullest extent permitted by law, you (the "Indemnifying Party") hereby agree to indemnify, defend, and hold harmless Watdoc and its respective subsidiaries, affiliates, officers, directors, owners, employees, successors, permitted assigns, representatives, attorneys, and agents (each, an "Indemnified Party") against any and all losses, deficiencies, claims, actions, damages, liabilities, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of whatever kind (including, without limitation, reasonable attorneys' fees, expert-witness fees, and all related costs and expenses) that are incurred by an Indemnified Party (collectively, "Losses") arising from, based upon, or relating to: (a) your use of, or inability to use, the Watdoc Platform; (c) your User Content; (d) your violation of this Agreement; and (e) any third-party claims, including, without limitation, those of any users or your interaction with any other user, alleging:
40. Users who wish to advertise on an associated websites, other than directly through www.watdoc.com will find the contact information on the relevant websites.
41. The Company reserves the right to remove, alter, change or vary www.watdoc.com at any time without notice.
42. The Company shall endeavour to provide constant, uninterrupted access to www.watdoc.com but cannot and does not guarantee to do so, and accepts no responsibility or liability for any interruption or delay