These are the terms and conditions on which Industria Medica Limited (company number 03831821) t/a The Tower Clinic (“Tower Clinic”) allows independent practitioners (“Practitioners”) to book rooms (“Rooms”) at Tower Clinic’s premises located at 8 Tinshill Lane, Cookridge, West Yorkshire, LS16 7AP (“Premises”).
- The Practitioner may book a Room by telephone on 0113 267 2067 or by email at email@example.com.
- All Rooms are subject to availability and the Practitioner’s booking shall only be deemed to be accepted when confirmed by Tower Clinic at which point a contract between the Practitioner and Tower Clinic shall come into existence on these terms and conditions (“Contract”).
- The minimum period for which a Room can be booked is one hour.
- Rooms may also be booked for sessions as follows:
- 9.00 am until 12.30 pm;
- 1.30 pm until 5.00 pm;
- 5.30pm until 9.00 pm (Tuesdays and Wednesdays only).
- Rooms are available for booking on Saturdays between 9 am and 2 pm only. Rooms are not available for booking on Sunday.
The Practitioner shall:
- co-operate with Tower Clinic in all matters relating to the Room booking;
- pay Tower Clinic’s charges in accordance with clause 3 (“Charges”);
- complete an application form provided by Tower Clinic and return the same to Tower Clinic accompanied by all required documents and evidence including but not limited to relevant insurance documents and recognised professional qualification certificates;
- obtain and maintain all necessary licences, permissions and consents which are required to supply products or services to the Practitioner’s patients or clients (“Clients”);
- take out and maintain all necessary and appropriate professional and public liability insurance policies at its own cost and to provide copy insurance certificates, together with evidence of payment of the relevant premiums, at Tower Clinic’s request;
- comply, and ensure compliance by the Practitioner’s clients, with all Tower Clinic’s health and safety policies and procedures (including but not limited to the “Practitioner’s Fire Safety Checklist”) and ensure the safe evacuation from the Premises of any Clients and visitors present at the time of any emergency;
- at all times be fully responsible for the Clients and for any products sold and services provided to such Clients by the Practitioner, his agents, employees or sub-contractors;
- notify Tower Clinic’s reception if the Practitioner is aware of a Client’s disability or hearing impairment (and to take reasonable precautions to ensure such awareness);
- to ensure that a binding written contract in terms approved in advance by Tower Clinic is concluded between the Practitioner and each Client in respect of the products and/or services to be provided by the Practitioner to each Client; and
- keep Tower Clinic fully indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Tower Clinic as a result of or in connection with:
- the Practitioner’s failure to comply with its obligations under the Contract; and
- any claim made by a Client relating to the Client’s dealings with the Practitioner including, but not limited to:
(a) claims relating to the products and/or services sold or provided at the Premises; and
(b) claims relating to the failure to perform or delay in performance of any services
by the Practitioner or his agents, employees or sub-contractors.
Charges and Payment
- The Charges shall be calculated in accordance with Tower Clinic’s standard rates as amended from time to time.
- Tower Clinic shall invoice the Practitioner for the Charges monthly in arrears.
- The Practitioner shall pay each invoice submitted by Tower Clinic within 30 days of the date of the invoice in full and in cleared funds to a bank account nominated by Tower Clinic. Time for payment shall be of the essence.
- If the Practitioner cancels a Room booking by giving less than 48 hours’ notice then the Charges shall be payable in full by the Practitioner, notwithstanding such cancellation, in accordance with this clause 3. If the Practitioner cancels a Room booking by giving between 48 and 72 hours’ notice then Charges shall be discounted by 50%, but otherwise shall be payable by the Practitioner in accordance with this clause 3.
- If the Practitioner fails to make any payment due to Tower Clinic, then the Practitioner shall pay interest on the overdue amount at the rate of 4% per cent per annum above The Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Practitioner shall pay the interest together with the overdue amount.
Limitation of Liability
- Nothing in these terms and conditions shall limit or exclude Tower Clinic’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors, or fraud or fraudulent misrepresentation.
- Tower Clinic shall not be liable to the Practitioner as a result of any financial loss due to interruption of provision of the Rooms resulting from a force majeure event, breakdown of equipment, power failure, water leakage, fire, government restriction or adverse weather conditions or from any other cause which may result in the Premises being temporarily closed or the hiring of a Room by the Practitioner to be interrupted or cancelled.
- Subject to clause 4.1:
- Tower Clinic shall under no circumstances whatever be liable to the Practitioner, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- Tower Clinic’s total liability to the Practitioner in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges.
- Tower Clinic accepts no responsibility whatsoever for the loss of or damage to any personal items or equipment at the Premises (including but not limited to the Rooms, the common areas and the Premises car park).
- The Practitioner shall not disclose any of Tower Clinic’s confidential information unless required by law, any governmental or regulatory authority or by a court of competent jurisdiction.
- This Contract 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.
- Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
- A person who is not a party to the Contract shall not have any rights to enforce its terms.
- Except as set out in these terms and conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by Tower Clinic.
- This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).