Back to previous page

CLIENT AGREEMENT – THE CONTRACT BETWEEN BOOKAMED AND THE CLIENT

DEFINITIONS

 

Agreement” or the “Terms” means the terms and conditions between Bookamed and the Client to connect GP Locums to the Client for Engagement on a temporary basis.

 

Bookamed” means Bookamed Limited (Company Number: 10152215), a company incorporated in United Kingdom and having its office at 160 Kemp House, City Road London EC1V 2NX, United Kingdom.

 

"Bookamed Checking Services” means the checks on a GP Locum as set out at clause 4 and Annexure 2 of this Agreement.

 

Bookamed Invoice” shall have the meaning assigned to it in clause 10.1 of this Agreement.

 

Bookamed Platform Services” shall have the meaning assigned to it in Annexure-1 of this Agreement.

 

Client” means an individual, partnership, LLP or corporate body together with any subsidiary or associated company as defined by the Companies Act 2006 requiring services of GP Locum.

 

Client Information” shall have the meaning as assigned to it in Annexure-1 of this Agreement.

 

Data Protection Laws” means the Data Protection Act 1998, any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.

 

Engagement” means any appointment of the GP Locum directly or indirectly by the Client on a temporary basis, whether under a contract of service or for services.

 

"Fee” means any fee payable by the Client to Bookamed under the terms of this agreement including, but not limited to, including the subscription and service fees described at clause 7, the introduction fee described at clause 8, and fees arising from invoices as described at clause 9 and clause 10.

 

GP Locum” means individual general medical practitioner providing his/her services to the Client for relevant Engagement. The GP Locum could either be self-employed or providing his/her services through a private limited company.

 

GP Locum Agreement” means the agreement in place between Bookamed and the GP Locum.

 

Overtime” shall have the meaning assigned to it in clause 6.1 of this Agreement.

 

Platform” means the Bookamed website, (www.bookamed.com), or such other site as may replace it from time to time) and/or any associated mobile application, wherein the Client places request for a GP Locum on a temporary basis.

 

Platform Agreement” means the terms and conditions applying to use of the Platform.

 

Timesheet Submission Date” shall have the meaning assigned to it in Annexure-1 of this Agreement.

 

Timesheet Validation Date” shall have the meaning assigned to it in Annexure-1 of this Agreement.

  

User Account” shall have the meaning as assigned to it in Annexure-1 of this Agreement.

 

1. TERMS

 

  1. 1.1. The following Terms shall govern the relationship between Bookamed and the Client to connect GP Locums to the Client for Engagement on a temporary basis. It is explicitly agreed by the Client that by placing a request for a GP Locum on the Platform, the Client accepts these Terms in its entirety.

 

  1. 1.2. The Client acknowledges that a GP Locum is neither an employee of Bookamed nor a worker of Bookamed under contract of employment or for services nor a partner or agent of Bookamed and the Platform is a connecting medium through which the GP Locums and Clients can connect and contract directly with each other.

 

2. KEY OBLIGATIONS OF THE PARTIES

 

2.1 Bookamed shall:

a. provide and maintain the Platform;

b. provide (through the Platform) the Bookamed Platform Services;

c. provide the Bookamed Checking Services; and

d. (in addition to its obligations under this agreement) comply with its obligations under the GP Locum Agreement and the Platform Agreement.

 

2.2. The Client shall:

a. Provide the information required by the Platform in order to register, list a vacancy, and / or select and engage a GP Locum;

b. Provide the information required to generate timesheets, invoices, pension Form A and B and GP Locum ratings

c. Provide the list of experience, training, qualifications and any authorisations which the Client considers are necessary or which are required by law or by any professional body like General Medical Council, and the Care Quality Commission for the GP Locum to provide GP services

d. Provide information required to complete Bookamed pre-employment checks

e. pay the Fees as required under this Agreement; and

f. (in addition to its obligations under this agreement) comply with its obligations under the Platform Agreement.

 

2.3. The registration, vacancy listing, timesheet approval, invoicing and Pension Form A approval process is as provided in Annexure-1.

 

3. GP LOCUM SELECTION

 

3.1. Bookamed shall, acting as an Employment Agency within the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and associated legislation, as amended from time to time, provide employment agency services via its Platform where Clients can post assignment opportunities and search for and evaluate GP Locums, and where GP Locums can post individual profiles and search for and evaluate opportunities with the Clients of Bookamed.

 

3.2. The Client is solely responsible for posting a vacancy on Bookamed Platform and finding a suitable Locum to fill the vacancy. Bookamed shall not refer, recommend and endorse either the Client or GP Locums.

 

3.3. After posting information relating to any Engagement, the Client will be able to view the profiles of the suitable GP Locums (as may be available on the Platform) for the Engagement. The selection of GP Locum shall be done solely by the Client on the basis of the Client’s requirement and the information provided about the GP Locum on the Platform or on any application made by the GP Locums.

 

3.4. The Client agrees that for the purpose of the Engagement, it will not breach (directly or indirectly) or cause Bookamed to breach any anti-discrimination laws, including but not limited to the Equality Act 2010. The Client agrees that it will not reject or stop a GP Locum from working for it for any reason that is discriminatory in nature.

 

3.5. The Client will engage the GP Locum directly and will be responsible for compliance with all applicable legislative provisions whether connected to employment law, National Health Service regulations or other areas. The Client understands and agrees that Bookamed shall not be responsible for any engagement or employment decisions made by the Client or GP Locum, as these are matters to be determined by them.

 

3.6. The Client represents and warrants that the details provided on the Bookamed Platform in relation to the Engagement or for the purpose of the Engagement shall be accurate and true at all times.

 

3.7. The Client warrants that if information provided on the Bookamed Platform in relation to the Engagement or for the purpose of the Engagement becomes incomplete, inaccurate or out-of-date that it will notify Bookamed immediately and submit appropriate revised information to Bookamed/the Platform without delay.

 

4. PRE-EMPLOYMENT CHECKS OF GP LOCUM

 

4.1. The General Medical Council (GMC) stipulates the completion of the following pre-employment checks before hiring a GP Locum:

a. Identity

b. Right to work

c. Professional registration and qualification

d. Employment history and references

e. Criminal record

f. Occupational health

 

Annexure-2 details the checks under each category.

 

4.2. The Client shall not engage a GP Locum until it has received the results of all mandatory checks highlighted in Annexure-2 and any engagement prior to receiving such results shall be entirely at the Client’s own risk.

 

4.3. As part of pre-employment checks, Bookamed shall source and verify the documents provided by the GP Locum. Bookamed may use additional third party tools to verify the authenticity of the original documents provided.

 

4.4. As Bookamed is not the end employer of the GP Locum, Bookamed shall not carry out DBS checks on the GP Locum. If the GP Locum is a Limited Company Contractor Bookamed shall ask the GP Locum if a DBS check has been carried out and shall obtain a copy of the DBS check under Regulation 22 of the Conduct Regulations. For self-employed GP Locums, the Client shall be directly responsible for completing the DBS check. In either case the Client shall be the sole authority in carrying out the DBS check. The Client agrees to conduct checks not carried out by Bookamed on the GP Locum. If necessary, the Client shall conduct additional checks on the checks completed by Bookamed.

 

4.5. Whilst all information is collected in good faith, Bookamed does not guarantee that information provided by GP Locums or third parties is true and accurate.

 

4.6. The Client shall at its sole discretion decide if the GP Locum meets the eligibility criteria for the Engagement including any pre-employment checks. Bookamed shall not be responsible for any loss to the Client due to the Client’s selection of any GP Locum.

 

5. TIMESHEETS

 

5.1. As required under the terms of the GP Locum Agreement, the GP Locum shall submit his/her timesheets on the Platform for the services performed for the Client by the Timesheet Submission Date.

 

5.2. The Client agrees to validate and confirm the timesheets submitted by the GP Locum, which includes information on the number of hours, home visits, extra admin and overtime hours (if any) worked by the GP Locum, by the Timesheet Validation Date.

 

5.3. If the Client fails to validate the timesheets submitted by the GP Locum within the Timesheet Validation Date, the timesheets submitted by the GP Locum shall be deemed valid and payable. Failure to validate the timesheet will not alter the Client’s liability to pay for the hours worked by the GP Locum.

 

5.4. If any discrepancy is found in the timesheets, the Client shall notify the GP Locum and Bookamed regarding such discrepancy before the Timesheet Validation Date. The Client and the GP Locum shall directly work to settle any discrepancy relating to the timesheets.

 

6. OVERTIME

 

6.1. The Client acknowledges that he/she shall inform the GP Locum regarding the overtime policy of the Client for each session during the Engagement. The consultation for each patient shall be as described in the vacancy listing. Any time spent by the GP Locum beyond the prescribed time shall be considered as overtime (“Overtime”).

 

6.2. If the GP Locum claims for Overtime, he/she shall indicate in the timesheets whether the Overtime was pre-approved by the Client and shall provide the name of the approver. If the Overtime was pre-approved, the GP Locum shall indicate whether the Overtime was pre-approved before or during a particular session and also provide reasons for the same. If the Overtime was not pre-approved, the GP Locum shall provide reasons for such Overtime in the timesheet. However, the Client shall have discretion to approve or reject such Overtime payment request if the same was not pre-approved.

 

6.3. In the event of any dispute between the Client and the GP Locum regarding the Overtime claimed in the timesheet, the same shall be resolved mutually between the GP Locum and the Client. Bookamed shall not be responsible for any conflict arising for the Overtime claimed by the GP Locum.

 

7. SUBSCRIPTION AND SERVICE FEE

 

7.1. Bookamed shall charge the Client a rate of 10 % (excluding VAT and employer pension contribution) of the hourly GP Locum rate for every hour booked and completed by each GP Locum via the Bookamed platform. Bookamed shall charge the client a rate of 10% (excluding VAT and employer pension contribution) of the GP Locum rate for Home Visits and Extra Admin. No variation or alteration to the Service Fee shall be valid unless the details of such variation are agreed between Bookamed and the Client and set out in writing and signed by the parties. When a variation is agreed Bookamed will issue the details of the variation to the GP Locum including the date from which the new Service Fee will take effect within 5 working days of the variation being agreed.

 

7.2. If an Engagement is cancelled by the Client as per clause 14.2, Bookamed shall levy a cancellation fee of 10% (excluding VAT and employer pension contribution) of the cancellation charges payable to the GP Locum under that clause.

 

8. INTRODUCTION FEE

 

8.1. In the event that the Client, or any subsidiary or associated company of the Client, or any employee or officer of the Client, bypasses Bookamed and engages a GP Locum previously introduced or engaged via Bookamed on a permanent or temporary basis, within a period of 18 (eighteen) months after the completion of that GP Locum’s latest Engagement via Bookamed, the Client shall forthwith notify the same to Bookamed. In such circumstances, Bookamed reserves the right to charge the Client a fee of 10 % (excluding VAT and employer pension contribution) of the GP Locum’s earnings for the duration of the engagement subject to a maximum period of twelve months.

 

9. GP LOCUM INVOICING

 

9.1. The parties acknowledge that the Client and the GP Locum have agreed to the auto-invoicing arrangement as provided for in the GP Locum Agreement.

 

9.2. The parties agree that once the timesheets submitted by the GP Locum are verified and confirmed by the Client, the Platform will automatically generate an invoice on behalf of the GP Locum (the “GP Locum Invoice’) for the timesheets approved by the Client.

 

9.3. The Client shall indicate to Bookamed at the time of registration whether it prefers to receive invoices from GP Locums on a weekly or monthly basis. The invoice will be generated on a weekly or monthly basis once the timesheets are verified by the Client. The Platform shall automatically send a copy of the invoice to the Client and the GP Locum. Details of invoice generation for weekly or monthly preferences are stated in Annexure-1.

 

9.4. The Client agrees that the invoice shall be calculated on the basis of number of hours worked by the GP Locum, including clinic sessions, overtime, extra admin and home visits.

 

9.5. The Client agrees to make the payment against the GP Locum invoice directly to the concerned GP Locum. The Client shall directly agree with the GP Locum a suitable payment date for the invoice. In default of such agreement, the due date for payment shall be 30 (thirty) The Client agrees that Bookamed shall not arrange for payment or be responsible for any delay in payment to GP Locum by the Client, for any reason whatsoever.

 

9.6. Bookamed shall generate a consolidated statement on the last day of the month summarising all the GP Locum Invoices generated for the GP Locum during the month. Bookamed shall send a copy of the monthly consolidated statement to the Client and the GP Locum.

 

9.7. Bookamed shall have no liability in the event of an error being made in the invoicing process. However, if Bookamed is notified by the GP Locum of an error, it shall use its reasonable endeavours to rectify the error and issue a new invoice to replace the incorrect one.

 

10. BOOKAMED INVOICING

 

10.1. Bookamed will raise an invoice against the Client (the “Bookamed Invoice”). The Bookamed Invoice shall be inclusive of the charges as agreed by the Client and Bookamed in clause 7.1 and 7.2 of this Agreement. The Client agrees to pay the Client Invoice within 30 (thirty) days from the date of the Bookamed Invoice. A late payment fee of 2 percent per month, compounding monthly, of the amount of invoice will be levied by Bookamed for payment beyond 30 (thirty) days.

 

10.2. The Client also agrees to pay VAT at the applicable rate on the Bookamed charges.

 

10.3. Bookamed shall have no liability in the event of an error being made in the invoicing process. However, if Bookamed is notified by the Client of an error, it shall use its reasonable endeavours to rectify the error and issue a new invoice to replace the incorrect one.

 

11. THIRD PARTY COLLECTION

 

11.1. Bookamed reserves the right to assign the Client Invoice to any third party (“Assigned Third Party”). If exercising this right, then Bookamed shall notify the Client in writing. The Client hereby agrees to make the payment directly to the Assigned Third Party. The Client Invoice shall contain the name and account details of the Assigned Third Party.

 

11.2. If the Client refuses to make payment to the Assigned Third Party, then, it shall be deemed as non-payment to Bookamed and shall be considered as a breach of the terms of this Agreement.

 

11.3. The Assigned Third Party may verify details of the Client Invoice, including the amount in the invoice or the total number of hours worked by the GP Locum. The Client agrees to provide the details requested by the Assigned Third Party for verification.

 

12. PENSION

 

12.1. The Client at the time of listing vacancy shall be required to provide information relating to any applicable pension benefits as per clause 2.1 (i) of Annexure- 1.

 

12.2. If the GP Locum is a private limited company, then it shall not be eligible for pension benefits from the Client.

 

12.3. If the GP Locum is self-employed then he/she may be eligible for pension benefits from the Client and shall indicate their interest in/eligibility for a pension benefit while creating the User Account.

 

12.4. Under the terms of the GP Locum Agreement, the GP Locum, is eligible for and wishes to participate in the Client’s applicable pension scheme, he/she shall be required to submit Pension Form A and Pension Form B to the NHS Pensions Authority for payment. The parties acknowledge that the Client and the GP Locum have agreed to the auto-Pension Form A arrangement, as detailed in Annexure-1.

 

12.5. Bookamed shall generate the Pension Form A on behalf of the GP Locum for only the hours completed via the Bookamed platform and that have been approved by the Client, and send it to the GP Locum and Client for review and signature. The Client and GP Locum agree to review and sign the Pension Form A sent by Bookamed as detailed in Annexure-1.

 

12.6. The GP Locum shall be responsible for printing and sending the signed Pension Form A to the NHS Pension Authority for payment.

 

13. SUPERVISION OF GP LOCUM

 

13.1. The Client acknowledges that nothing in this Agreement shall in any way constitute the GP Locum as being the employee, worker, partner or an agent of Bookamed. The Client shall be responsible for monitoring and supervising the GP Locum as may be deemed necessary during the Engagement.

 

13.2. The Client agrees to carry out a risk assessment of the services to be provided by the GP Locum during the term of the Engagement and notify the GP Locum immediately of any specific or potential hazards relating to the Engagement and precaution that the GP Locum should take in relation to such hazards.

 

14. CANCELLATION

 

14.1. If the Client terminates the Services of the GP Locum during an Engagement, the Client shall pay the GP Locum for the Services provided up to and including the date of termination.

 

14.2. If after an offer of Engagement has been accepted by the GP Locum, the Client prior to the date of the Engagement decides for any reason to withdraw such offer, the Client shall be liable to pay the GP Locum as per the proportion of the total fee that would have been payable to the GP Locum for all booked sessions, as set out below:

 

a. 5 Business days prior to the date of Engagement - 5% (excl. VAT)

b. 4 Business days prior to the date of Engagement - 10% (excl. VAT)

c. 3 Business days prior to the date of Engagement - 15% (excl. VAT)

d. 2 Business days prior to the date of Engagement - 20% (excl. VAT)

e. 1 Business day prior to the date of Engagement - 25% (excl. VAT)

 

14.3. In the event that a cancellation fee under clause 14.2 applies, the Client shall pay a cancellation fee to Bookamed of 10% (excl. VAT) of the cancellation charges payable to the GP Locum under clause 14.2 This fee shall be in addition to the cancellation charges payable to the GP Locum.

 

15. LIABILITY

 

15.1. Subject to clause 15.3, the aggregate liability of Bookamed under or in connection with this agreement (whether arising from contract, negligence, or howsoever else occurring) shall be limited to 100% of the fees paid by the Client in the year in which the circumstances of the claim arise.

 

15.2. Subject to clause 15.3, neither party shall be liable for any indirect or consequential loss.

 

15.3. Nothing in this agreement shall limit or exclude Bookamed’s liability for:

a. death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;

b. fraud or fraudulent misrepresentation; or

c. any other liability which cannot be limited or excluded by applicable law.

 

15.4. Bookamed shall not be responsible for any loss incurred by the Client as a result of any act or omission of the GP Locum, whether or not under this Agreement or otherwise. In particular, Bookamed shall have no liability in respect of any inaccuracies in a Timesheet, except where this is due to a negligent act or omission of Bookamed.

 

15.5. The Client undertakes to indemnify Bookamed in respect of any losses (howsoever arising) that Bookamed incurs as a consequence of the introduction and/or Engagement of any GP Locum to/by the Client and/or the acts and/or omissions of the GP Locum during an Engagement.

 

15.6. The Client further undertakes that it will indemnify Bookamed in respect of any liabilities/losses Bookamed sustains as a consequence of the GP Locum seeking to assert as a consequence of an Engagement that he/she is an employee or worker of Bookamed and/or in respect of any statutory breaches by the Client in relation to any GP Locum before, during or after an Engagement.

 

15.7. The Client agrees to put in place appropriate insurance cover in respect of any GP Locum it engages including but not limited to cover for consequential loss, employer’s and public liabilities for the period of the Engagement.

 

15.8. The Client acknowledges that GP Locum is neither an employee of Bookamed nor a worker of Bookamed under contract of employment or services nor a partner or agent.

 

16. HEALTH AND SAFETY

 

16.1 The Client recognises and accepts its responsibility to provide a safe and healthy work environment and will take all steps to do so.

 

16.2 The Client shall also ensure that any equipment provided for use to the GP Locum are in good order, suitable, safe and compliant with all relevant regulations and safety requirements.

 

17. FORCE MAJEURE

 

17.1 Whilst every effort is made by Bookamed to provide efficient service to the Client, there may be circumstances beyond the reasonable control of Bookamed including, without limitation, failure of the Platform, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, absenteeism of GP Locums, fire, explosion, flood or any other legitimate cause beyond the reasonable control of Bookamed that affects this efficient service, in which case Bookamed shall notify the Client of the occurrence of such event. During such period, Bookamed shall not be in breach of its obligations under this Agreement or incur any liability to the Client for any losses or damages of any nature whatsoever incurred or suffered by the Client.

 

17.2 If the force majeure event continues for a period in excess of 90 days, the Client shall be entitled to give notice in writing to Bookamed to terminate the Agreement.

 

18. DATA PROTECTION

 

18.1 Each party acknowledges their responsibilities under Data Protection Laws and agrees to comply with their respective obligations. This includes, but is not limited to, information relating to a GP Locum.

 

19. TERMINATION

 

19.1 Bookamed reserves the right, at its sole discretion, to immediately terminate the Agreement and suspend the Client’s access to the Platform with notice, if any content or information provided by the Client is found to be inaccurate, misleading, defamatory or false; or the Client has violated any of the Terms.

 

19.2 Any notice for termination of this Agreement or suspension of the Client’s access to the Platform, will be given in writing (including through e-mail and/or pop-up during login) by Bookamed.

 

19.3 Either party may terminate this Agreement on giving at least three months’ notice in writing to the other party.

 

20. MISCELLANEOUS

 

20.1 Use of name

The Client hereby agrees to allow Bookamed to use its logo and name on its website, client list and for promotional both during and after the termination of this Agreement.

 

20.2 Relationship

Bookamed and the Client agree that notwithstanding anything to the contrary contained herein, the relationship between them shall be a principal to principal relationship and nothing contained herein shall be deemed to construe either party to be the agent, servant, partner, joint venture partner, subsidiary, associated or group company of the other party.

 

20.3 Confidentiality

a. Each party undertakes that it shall not at any time during this Agreement, and for a period of five years after termination of this Agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 21.3b. 

b. Each party may disclose the other party's confidential information:

i. to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under this Agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 21.3; and

ii. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

c. No party shall use the other party's confidential information for any purpose other than to perform its obligations under this agreement.

 

20.4 Entire Agreement

a.  This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

b. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

 

20.5 Variation

Bookamed reserves the right to update these terms and conditions from time to time to reflect changes in the business operating model, regulation, and any other factors that may influence the delivery of services. In such occasions, Bookamed shall inform the Client in writing via email or letter. By continuing to use the services of being notified of the changes, the Client shall be deemed to have accepted the changes.

 

20.6 Waiver

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:

 

a. waive that or any other right or remedy; or

b. prevent or restrict the further exercise of that or any other right or remedy.

 

20.7 Severance

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.

 

20.8 Notices

a. Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax, or email.

b. A notice or other communication shall be deemed to have been received: if delivered personally, if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.

c. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

20.9 Third party rights

No one other than a party to this agreement shall have any right to enforce any of its terms.

 

20.10 Governing law

This agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.

 

20.11 Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

 

20.12 Dispute Resolution

In the event of a dispute between the parties in relation to the terms of this agreement or their application, the parties shall use their reasonable endeavours to resolve the dispute between themselves. If this fails to resolve the issue within 30 days, then the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure, with a mediator to be selected by CEDR and each party sharing the costs equally of the mediation unless they shall agree otherwise. Neither party may commence any court proceedings in relation to the whole or part of the dispute until 30 days after service of the ADR notice, provided that the right to issue proceedings is not prejudiced by a delay.

 

 

 

 

 

 

ANNEXURE – 1

 

REGISTRATION, VACCANCY LISTING, TIMESHEETS,

INVOICING, AND PENSION FORM PROCESSES

 

1. REGISTRATION

 

  1. 1.1. Bookamed is an online and mobile recruitment platform to post and search assignment opportunities for Clients and GP Locums. The Platform shall provide additional services including submission and verification of timesheets, generating weekly and monthly invoices on behalf of the GP Locums, providing the Clients and the GP Locums with monthly statements of all invoices, and generating NHS Pension Form A (collectively referred to as the “Bookamed Platform Services”).

 

  1. 1.2. To avail the services of Bookamed, the Client must register an account through the Bookamed website (“User Account”). The Client shall provide certain information, including, without limitation, Client information, contact details of the authorised person of the Client, expected GP Locum rate, IT system used by the Client, list of timesheet approvers, preferred invoicing frequency, and policy and guidelines of the Client (“Client Information”). The Client shall from time to time update the information as and when necessary. On registration, the Client shall be bound by these Terms and the General Terms and Conditions of the Platform.

 

1.3. The Client can post any vacancy requirement on the Platform after creating the User Account and providing the Client Information.

 

2. VACANCY LISTING

 

2.1 Upon creating the User Account, Bookamed shall provide the Client access to the Platform for submitting its requirements of a GP Locum. The Client shall provide the following details for listing of a vacancy:

a. the commencement date and the duration of the Engagement;

b. the location at which the GP Locum will provide services and the nature of those services;

c. the start and end time of each session, including breaks

d. minutes per patient

e. required qualification, training, experience of the GP Locum to provide the services;

f. any authorisation required by the law or any professional body, or may be deemed necessary by the Client;

g. the GP Locum rate per hour and payment periods/intervals

h. whether the session includes break (paid or unpaid break)

i. whether the Client provides any benefits payment for pension;

j. any health and safety risks and steps taken to address them;

k. where applicable any notice arrangements; and

l. any other information the Client may deem necessary for the GP Locum to provide services during the Engagement.

 

2.2 The Client represents and warrants that the details provided on the Platform in relation to the Engagement or for the purpose of the Engagement shall be accurate and true.

 

2.3 Bookamed shall not be responsible for any information provided by the Client in relation to the Engagement on the Platform.

 

3. TIMESHEETS

 

Premium Plan Subscribers

 

3.1 The GP Locum shall submit his/her timesheets on the Platform for the services performed  fior the client at the end of each day. The GP Locum shall in any case submit his/her timesheets by end of each week (i.e., by every Friday of the week before midnight or by the starting of the next week i.e. by every Monday of the subsequent week before 12pm) (“Timesheet Submission Date”). 

 

3.2 The Client shall validate and confirm the timesheets of the concerned GP Locum at end of each day or by the starting of the next week (i.e., by every Monday of the subsequent week before 8 pm.) and in any case within 7 (seven) days from the Timesheet Submission Date (“Timesheet Validation Date”).

 

3.3 The Client warrants that (in validating and confirming each and every timesheet of a GP Locum) this will only be done by an authorised signatory for the Client. The person is signing to confirm that both (i) the tasks required of, the GP Locum have been fulfilled, and (ii) the hours/session authorised are accurate and payment is approved for them. The person signing is confirming that they understand that if he/she knowingly provides false information this may result in disciplinary action and he/she may be liable to prosecution and civil recovery proceedings. He/she also consents to the disclosure of information from this form to and by the Client and / or Bookamed and/or the NHS Counter Fraud and Security Management Service for the purpose of verification of the claim and the investigation, prevention, detection and prosecution of fraud.

 

Basic Plan Subscribers

 

3.4 Bookamed shall provide GP Locums subscribing to Basic Subscription plan with paper based timesheet templates for recording and obtaining approval of time worked. The Client and GP Locum shall be directly engage to approve timesheets.

 

 

 

4. INVOICING

 

Premium Plan Subscribers

 

4.1 When weekly invoicing is preferred, if the GP Locum fails to submit the timesheet for any day during the week before the Timesheet Submission Date, then no invoice shall be raised for such pending timesheets, until the same is submitted on the Platform and approved by the client. However, once the pending timesheets for any week are submitted on the Platform and approved by the client, the invoices for such timesheets will be raised along with the invoice for the subsequent week.

 

4.2 When monthly invoicing is preferred, if the GP Locum fails to submit the timesheet for any day during the month before the last day of the month, and the client fails to approve any of the timesheets for the month before the last day of the month, then no invoices shall be raised for such pending timesheets, until the same is submitted on the platform. However, once the pending timesheets for any month are submitted on the Platform and approved by the client, the invoices for such timesheets will be raised along with the invoice for the subsequent month.

 

Basic Plan Subscribers

 

4.3 The GP Locum shall make own arrangements to create invoices and send to the Client for approval

 

5. PENSIONS

 

Premium Plan Subscribers

 

5.1 (Where applicable) the Bookamed platform shall automatically generate NHS pension form A on the eighth day of the month for the previous month. The GP Locum agrees to review and digitally sign Pension Form A and send to the Client for approval via the platform within three days of receiving the form.

 

5.2 The Client agrees to review, digitally sign and return the NHS pension form A to the concerned GP Locum within three days of receiving his/her signed form.

 

Basic Plan Subscribers

 

5.3. The GP Locum shall make own arrangements to fill pensions forms and obtain signatures from the Client

 

ANNEXURE – 2

 

Details of pre-employment checks

 CATEGORY

PRE-EMPLOYMENT CHECKS 

MANDATORY / ADDITIONAL

INFORMATION SOURCED BY

CHECK CONDUCTED BY

FINAL APPROVER

Identity Checks

Proof of Identity 

Mandatory 

Bookamed

Bookamed 

Client 

Identity Checks

Address Proof (Utility Bill or Bank Statement within the last 3 months) 

Mandatory 

Bookamed

Bookamed

Client 

Right to Work Check 

Right to Work (Visa) 

Mandatory 

Bookamed

Bookamed

Client 

Professional Registration and Qualification Checks 

General Medical (GMC) Certificate 

Mandatory

Bookamed

Bookamed

Client 

Professional Registration and Qualification Checks 

Proof of inclusion in National Performers List 

Mandatory 

Bookamed

Bookamed

Client 

Professional Registration and Qualification Checks 

Medical Indemnity Certificate 

Mandatory 

Bookamed

Bookamed

Client 

Employment History and Reference Checks 

CV 

Mandatory 

Bookamed 

Bookamed 

Client 

Employment History and Reference Checks 

Letter of Recommendation 1

Mandatory 

Bookamed 

Bookamed 

Client 

Employment History and Reference Checks

Letter of Recommendation 2

Mandatory 

Bookamed 

Bookamed 

Client 

Criminal Records and Barring Checks 

Disclosure and Barring Service Certificate 

Mandatory 

Bookamed/Client 

Client 

Client 

Occupational Health Checks 

Certification of Completion of Training 

Additional 

Bookamed 

Client 

Client 

Occupational Health Checks

Degree Certificate

Additional 

Bookamed 

Client 

Client 

Occupational Health Checks

Equality and Diversity Certificate 

Additional 

Bookamed 

Client 

Client 

Occupational Health Checks

Basic Life Support Course Certificate 

Additional 

Bookamed 

Client 

Client 

Occupational Health Checks

Child Safe Guarding Level 3 Certificate 

Additional 

Bookamed 

Client 

Client 

Occupational Health Checks

Adult Safeguarding Certificate 

Additional 

Bookamed 

Client 

Client 

Occupational Health Checks

Immunisation History Report 

Additional  Bookamed  Client  Client