THESE TERMS AND CONDITIONS apply in relation to any services provided by Network Locum Limited (Company No. 07529895) a company incorporated in England and Wales whose registered office is at 71 Fanshaw Street, Shoreditch, London, N1 6LA (the "Network Locum") to any client (the "Client"), who is a hirer of GP services.

The following terms and conditions apply to your use of the Network Locum Web Platform which is owned and maintained by Network Locum, and the services available from the Network Locum Web Platform (together, the "NL Service").  Please read these terms carefully.  By using the Network Locum Web Platform and/or using the NL Service you as the Client agree that you have read, understood and agreed to these Terms (each as amended from time to time).  If you do not agree to these Terms you must not use the Network Locum Web Platform or use the NL Service.

BACKGROUND:

(A)        Network Locum is in the business of providing a web-based platform to help General Practitioners find hirers who want to engage their services, and hirers find General Practitioners who want to provide services.

(B)        Network Locum shall facilitate introductions to hirers of GPs in accordance with the terms of this Agreement.

(C)        GP Services under these General Terms and Conditions may, for reasons of convenience, be paid for via Network Locum, but the parties acknowledge and accept that any payment relating to GP Services shall be the ultimate responsibilities of the Client and paid under or in consequence of the agreement between the General Practitioner and Client and not under any agreement between the Client and Network Locum.

IT IS AGREED as follows:

1.         Definitions and interpretation

1.1       In this Agreement, unless the context otherwise requires, the following definitions shall apply:

"Agreement" means the agreement between Network Locum and the Client comprising the terms set out in this document and any Engagement Details relating to a relevant Engagement.

"Attendance Record" means a record posted on the relevant part of the Network Locum Web Platform, or such other system as is used to record the time and attendance details of GPs on Engagements, from which electronic timesheets are generated.

"Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business in London.

"Client Services" means the services to be performed by the Client under this Agreement.

"Client's Group" means the Client, any body corporate of which the Client is a subsidiary (as defined in section 1159 of the Companies Act 2006), any other subsidiary of such body corporate and any subsidiary of the Client.

"Commercial Agent" means an agent authorised to negotiate or conclude the sale or purchase of goods or services on behalf of the payer (being the Client) or the payee (being the GP).

"Commercial Agents Exemption" means the exemption outlined in the Payment Services Regulations 2009 for Commercial Agents.

"Conduct Regulations" means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

"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.

"Off Platform Payment Charge” is the amount specified as such in Schedule 1 and payable in the circumstances set out in clause 5.

"Engagement" means a GP's engagement by the Client on the terms set out in the GP Agreement.

"Engagement Details" means any terms entered on the Network Locum Web Platform relevant to an Engagement or proposed Engagement and including the general requirements of a potential Vacancy posted by the Client on the Network Locum Web Platform, including start time, end time, type of work including the structure of the day (stating clearly if there are catch up slots for example and also rates of pay, if different, for non-patient facing time slots) and if there are any additional requirements including (without limitation) any form of standard agreement setting out the terms of a GP Agreement, home visits, administrative tasks, follow ups, telephone consultations, prescriptions, number of patients to be seen in the time, location, travel information to the practice, fee rate, and health and safety details and whether and on what basis employers’ pensions contributions will be paid to the GP in respect of the Engagement (provided that the GP does not contract  through a PSC).

"GP" means the individual named in the relevant Engagement Details relating to the relevant Engagement.

"GP Agreement" means an agreement between the Client and the GP in the form set out in Schedule 2 or such other standard form (specific to that Client) as may be set out (or referred to or linked to) in the Engagement Details (and in either case incorporating relevant details from the Engagement Details).

"GP Invoice" has the meaning set out in clause 5.1.

"GP Services" means the services to be performed by a GP in relation to an Engagement.

"Introduction" means the Client directly or indirectly receiving, viewing or having access to any information via the Network Locum Web Platform which identifies or relates to a person who may act as a GP or Supplier. The date of Introduction shall be the date that the Client obtains any such information. "Introduces" and "Introduced" shall have the corresponding meanings.

"Late Payment Charge" has the meaning set out in clause 5.6.

"Loan" has the meaning set out in clause 5.4.

"Loss" means any demand, contribution, claim, action, proceeding, liability, loss, damage, costs, expenses, tax, national insurance contributions (to the extent permitted by law) and charges and any related penalties, fines or interest whatsoever whether founded in statute, contract, tort or otherwise made or brought against or incurred (including without limitation all losses, liabilities and costs incurred as a result of defending or settling any claims).

"Network Locum Checks" means the checks as set out in Schedule 3.

"Network Locum Web Platform" means www.networklocum.com

"NL Service" has the meaning set out at the head of this Agreement.

"NL Service Fee" means the fee payable by the Client to Network Locum as set out in Schedule 1.

"Payment Services Regulations" means the Payment Services Regulations 2009.

“Personal Data” means all data supplied to the Client by or on behalf of Network Locum pursuant to this Agreement which is defined as personal data under the Data Protection Laws.

"PSC Contractor" means an individual who controls and directs a limited company through which they contract and offer their services on an independent business to business basis.

"PSC" means the limited company through which a PSC Contractor operates.

"Short Notice Cancellation Service Fee" means the fee payable by the Client to NL in respect of  the cancellation of an Engagement which is cancelled at short notice on the basis set out in Schedule 1.

"Supplier" means (if applicable) an intermediary (including a PSC), via which the GP performs GP Services, and references to GP in this Agreement shall include references to any Supplier of that GP.

"Vacancy" means the specific details of a potential vacancy at the Client  (in respect of which the Client has issued a Vacancy Notification).

"Vacancy Notification" means a notification by the Client to the GP through the Network Locum Web Platform of a vacancy to perform the GP Services in accordance with Engagement Details and these General Terms and Conditions.

1.2       Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of this Agreement) and all subordinate legislation made (before or after the date of this Agreement) under it from time to time.

1.3       Where the context permits, words denoting:

(a)        persons shall include bodies corporate and unincorporated associations of persons;

(b)        the singular include the plural and vice versa; and

(c)        one gender shall include any gender.

2.         Network Locum's obligations

2.1       Network Locum shall (subject to availability) provide systems which may facilitate the Introduction of a GP to fill a Vacancy and perform an Engagement in accordance with the terms of this Agreement, and in particular in accordance with clause 4 (Vacancy-Filling Process).

2.2       Network Locum will carry out Network Locum Checks on the basis set out in Schedule 3.

2.3       Network Locum will use its reasonable endeavours to carry out certain other checks (as may from time to time be specified by it on the Network Locum Web Platform) on GPs who register on the Network Locum Web Platform.

3.         The Client's obligations

3.1       The Client agrees that by submitting a Vacancy Notification on the Network Locum Web Platform the Client has given Network Locum authority to provide a system under which the Client may try to find a GP for that Vacancy.

3.2       The Client warrants, represents and undertakes that:  

(a)        when submitting a Vacancy Notification or other records or details relating to an Engagement it will not breach or directly or indirectly cause Network Locum to breach any anti-discrimination laws or provide any information or make any requests that may bring Network Locum into disrepute;

(b)        it will not block a GP or prospective GP from work with the Client for any reason that is of an unlawfully discriminatory nature, or that may bring Network Locum into disrepute; and

(c)        all information provided by the Client in the form of Engagement Details or otherwise for the purposes of the Engagement will be true and accurate and up to date; and

(d)        it will supply information to Network Locum via the Network Locum Web Platform confirming the performance of the GP Services by appropriate completion of the Attendance Record.

3.3       The Client agrees that it shall give to Network Locum in the Engagement Details and/or otherwise as requested by Network Locum information confirming:

(a)        the identity of the Client;

(b)        the date on which the Client requires provision of the GP Services to commence and the duration or likely duration of provision of the GP Services;

(c)        the experience, training, qualifications and any authorisations which the Client considers are necessary, or which are required by law or by any professional body, in particular the General Medical Council and the Care Quality Commission for the GP to possess in order to provide the GP Services. For the avoidance of doubt Network Locum will not carry out checks in relation to these and it is agreed that (unless specifically agreed otherwise with Network Locum in writing) responsibility for such checks will rest with the Client;

(d)        what is needed by Network Locum to carry out the NL Checks;

(e)        when the Client has directly engaged a GP formerly introduced by Network Locum to the Client so that the appropriate NL Service Fee can be calculated and invoiced in respect of that engagement; and

(f)         that they are a genuine hirer of GP Services being a hirer who supplies medical services and who does not supply such services to any intermediary or supplier of medical services and not a locum agency (whether acting as an employment agency or employment business or otherwise).

3.4       The Client shall:

(a)        (where it decides to engage a GP) engage each GP  on the terms of a GP Agreement;

(b)        carry out risk assessments of the GP Services to be undertaken and notify the GP and immediately of any specific or potential hazards relating to the Engagement and any precautions the GP should take in relation to such risks;

(c)        not allow the GP to undertake any work that is hazardous without first undertaking a risk assessment and notifying the GP of any risks identified;

(d)        if applicable, make clear to the GP and any Supplier what rules (including but not limited to health and safety, site and security policies, procedures and regulations) apply in respect of the location(s);

(e)        ensure that any and all equipment, and protective clothing are in good order and are suitable, safe and comply with all relevant health & safety legislation;

(f)         check and sign or electronically verify timesheets and/or entries in the Attendance Record (in a form approved by Network Locum) verifying the number of hours worked by the GP which shall be deemed to be confirmation of satisfactory performance of the GP Services by the GP unless the Client expressly notifies Network Locum otherwise in writing;

(g)        notify Network Locum immediately if it is dissatisfied with the performance by the GP of the GP Services; and

(h)        (without limitation to the above) not commit any act or omission constituting unlawful discrimination against or harassment of any GP in connection with the performance of the GP Services.

4.         Vacancy-filling Process

4.1       Subject to the terms of this Agreement, the Client may use the Network Locum Web Platform to issue Vacancy Notifications and Attendance Records.

4.2       Network Locum shall operate the Network Locum Web Platform so that GPs are able to apply for Vacancies that the GPs state they are qualified to perform.

4.3       A contract relating to an Engagement will be deemed to have been entered into between the Client and the GP (on the terms of the GP Agreement) when:

(a)        (in the case of a GP who is one of the GPs in that Client's "locum bank"  (as outlined on the Network Locum Web Platform or on such other basis as the Client and Network Locum may from time to time agree) a GP indicates via the Network Locum Web Platform that he will undertake the relevant Engagement; or

(b)        (in the case of any other GP) a GP indicates via the Network Locum Web Platform that he will undertake the relevant Engagement and the Client indicates via the Network Locum Web Platform that it agrees to engage that GP for that Engagement.

4.4       Where an Engagement is cancelled or terminated by the Client before the expected commencement of the Engagement, the Client shall pay (in such manner as may be notified by Network Locum from time to time):

(a)        the Short Notice Cancellation Fee (as defined in the form of agreement in Schedule 2) to the GP; and

(b)        the Short Notice Cancellation Service Fee(calculated in accordance with Schedule 1) to Network Locum.

5.         Payment of Fees

5.1       Network Locum shall be entitled to issue consolidated statements to the Client on a weekly basis (or such other basis as may from time to time be expressly agreed with the Client in writing) which will be made up of the following:

(a)        sums due in respect of any GP invoice received by (or details of which are received by) Network Locum (as agent for the Client) and payable by the Client for any Engagement, including any Short Notice Cancellation Fees (the "GP Invoice");

(b)        sums due in respect of repayment to Network Locum of any outstanding Loan;

(c)        sums due in respect of any Network Locum invoice in respect of NL Service Fees (and NL Short Notice Cancellation Fees) payable by the Client;

(d)        sums due in respect of any Late Payment Charge;

(e)        any other sums from time to time payable by the Client in accordance with this Agreement and/or as specified in the Engagement Details and/or Network Locum Web Platform; and

(f)         VAT as applicable.

5.2       The Client shall pay to Network Locum such sums as are set out in a consolidated statement on the Network Locum Web Platform in cleared funds to be received by the next occurrence of the payment date agreed between Network Locum and the Client (or in any event, no later than the date which is 14 days after the date of the statement).

5.3       Any payment by the Client before the relevant due date in respect of any GP Invoice shall be held, once received by Network Locum, on trust for the Client pending transfer to the GP. The Client hereby authorises Network Locum (as agent for the Client) to make such transfer, provided that Network Locum has reasonable grounds for believing that the relevant GP Services have been provided (including such evidence as may be derived from entries made in the Attendance Record). Subject to receipt of the relevant payment Network Locum agrees to make such payment to the GP on such date.

5.4       Network Locum may from time to time agree (by appropriate endorsement of the Engagement Details and/or otherwise via the Network Locum Web Platform and/or otherwise) to lend to the Client an amount equivalent to the amount of any GP Invoice(s) that is outstanding. The purpose of this loan is to enable the Client to pay the GP(s) the sums due to the GP(s) in respect of the GP Invoice(s) (the "Loan") on the date specified in the relevant Engagement Details. Network Locum will apply any such Loan by making payment of the GP Invoice(s) to the GP on behalf of the Client. The Client shall repay such Loan as soon as practicable and in any event within 7 days of repayment being requested by Network Locum via the Network Locum Web Platform or otherwise in writing.

5.5       For regulatory reasons NL is only able to make Loans to Clients who are either (i) companies or other corporate bodies or (ii) partnerships with three or more partners or (iii) public bodies (e.g. NHS inspection bodies). The Client warrants, represents and confirms that to the extent it receives a Loan it is and shall be for the entirety of that Loan arrangement such an entity.

5.6       Where the Client receives a Loan, the Client shall pay a late payment charge. This charge will be such percentage of the GP Invoice as is specified in Schedule 1 ("Late Payment Charge") to reflect the cost to Network Locum of funding (by way of the Loan) prompt payments to the GP on behalf of the Client, the commitment to prompt payment making Engagements more attractive to GPs and as such being of indirect benefit to the Client in filling Vacancies.  

5.7       Where a sum representing any of the amounts referred to in clause 5.1 is paid to Network Locum pursuant to clause 5.2, Network Locum shall be entitled to treat the sum:

(a)        as first discharging the NL Service Fee, any NL Short Notice Cancellation Service Fee, any Late Payment Charge, as payment of interest on any overdue amount due from the Client to Network Locum and payment of any other sum due from the Client to Network Locum, then

(b)        as repayment of any Loan, and then

(c)        as payment of any sums due from the Client to the GP.

For the avoidance of doubt Network Locum shall not (save in relation to the application of any Loan as payment of any GP Invoice(s)) be obliged to make any payment to a GP in respect of any sums due from the Client to the GP before it has received payment from the Client in respect of the same.

5.8       The Client shall ensure that payment to the GP is made only as set out in this clause 5. Any action that involves complete or partial payment in any other way shall be a breach of this Agreement. The Client shall indemnify Network Locum in respect of any Loss suffered by Network Locum directly or indirectly arising as a result of such breach. Without prejudice to any other remedies available to Network Locum, the Client shall, if Network Locum reasonably considers such a breach to have occurred and notifies the Client accordingly, pay immediately to Network Locum the Off Platform Payment Charge, which the parties accept as a genuine pre-estimate of the minimum Loss Network Locum shall suffer in respect of such a breach.

5.9       The Client shall immediately notify Network Locum if a Supplier/GP requests that the Client make a payment directly to it or through any channels other than those specified in this clause 5.

5.10     For the avoidance of doubt, in the calculation of the sums due to Network Locum in relation to GP Services performed (including without limitation the NL Service Fees and Late Payment Charge), an entry in the Attendance Record shall be conclusive evidence that the GP Services have been performed to the satisfaction of the Client at the times and for the total period of time set out in such Attendance Record. Network Locum shall not be responsible for verifying statements or entries relating to hours worked or claims for payment submitted by or on behalf of a GP.

5.11     If the Client disputes the hours claimed and the payments due (or not due) in respect of breaks or expenses or otherwise, it shall inform Network Locum of this within one Business Day and shall promptly provide all co-operation and information reasonably required by Network Locum to establish the hours actually worked and/or expenses incurred by the GP. Any failure so to inform Network Locum within one Business Day or co-operate shall entitle Network Locum to issue a consolidated statement based on such Attendance Record and be paid in accordance with this clause 5.

5.12     Unless otherwise agreed in writing by Network Locum, Network Locum will not be obliged to make any rebates or refunds of fees or other sums paid or payable to Network Locum or any GP by the Client.

5.13     All amounts due under this Agreement (including any payments due to a GP) shall be paid in full to or via Network Locum without any deduction or withholding other than as required by law.  The Client shall not be entitled to assert any credit, set-off or counterclaim against Network Locum in order to justify withholding payment of any such amount in whole or in part.

5.14     Unless otherwise agreed by Network Locum, all payments to be made under this Agreement shall be paid via the Network Locum Web Platform, using the procedures and details which will be supplied to the Client.

5.15     Where Network Locum has not agreed to make a loan to the Client, pursuant to clause 5.4, Network Locum shall (without prejudice to any other remedy) apply and charge the Client interest on any overdue NL Service Fee or other sums payable to it under this Agreement at a rate of 2% per month (compounding with monthly stops) from the due date until the date of payment.

6.         Termination

6.1       This Agreement shall continue unless terminated:

(a)        by written notice with immediate effect by Network Locum if there is any breach of this Agreement by the Client; or

(b)        by 5 Business Days' written notice by Network Locum if there is any other serious or repeated breach of this Agreement by the Client, which is, in the reasonable opinion of Network Locum, capable of remedy and which is not remedied within 10 Business Days after an earlier notice requiring it to do so; or

(c)        by written notice with immediate effect by Network Locum and without liability for Network Locum or prejudice to any right for relief Network Locum may have if in good faith Network Locum considers for any reason that (i) the Client may not meet its obligations to Network Locum, or (ii) the GP may no longer be willing, or able or suitable to undertake the GP Services for the Client; or

(d)        by written notice with immediate effect by either party if the other party shall become insolvent within the meaning of the Insolvency Act 1986, becomes bankrupt, applies for, or has made against it a receiving order, or makes any composition with its creditors or an administration order or if an order is made or resolution passed for the winding up of that party or that party passes a resolution to cease trading or actually ceases trading.

7.         Acknowledgements and Liability

7.1       The Client acknowledges that Network Locum does not supervise and/or control the actions of any GP. Nothing in this Agreement shall in any way constitute any GP as the employee or worker of Network Locum. Network Locum shall not be responsible for supervising, monitoring or directing the GP whilst working on an Engagement and that accordingly, only the Client is in a position to assess and insure against risks in respect of or during or arising out of the period for which the GP is performing the GP Services.

7.2       The Client acknowledges that Network Locum is not an employment agency for the purposes of the Conduct Regulations and is instead a medium through which GPs find Engagements for themselves and Clients find GPs to work on Engagements.

7.3       The Client acknowledges that there is no contract between Network Locum and a GP relating to the GP Services. Network Locum shall not be responsible for and shall have no involvement in any disputes between the Client and a GP and shall not be responsible for the quality of the GP Services provided by the GP or their activities while at the Client's location(s). The NL Service Fee reflects only those online services agreed to be supplied by Network Locum and does not indicate acceptance of any liability for the GP's acts or omissions.

7.4       For the purposes of the Payment Services Regulations, Network Locum has the authority to act as an active Commercial Agent of the Client. In this role Network Locum will negotiate and conclude how payments are made to the GP on behalf of the Client. For the avoidance of any doubt, Network Locum is not an agent of the Client other than for the purposes of negotiating payment terms between the Client and the GP.

7.5       Network Locum shall not be responsible for ensuring the suitability of any GP or for the accuracy or validity of any Network Locum Checks save to the extent set out in Schedule 3.

7.6       Network Locum shall not be responsible for any Loss relating to any Supplier not complying with any legal or tax requirements when acting as an intermediary. Network Locum encourages the Client to carry out its own due diligence on any Supplier it contracts with. Any responsibility of the Client in respect of deductions for income tax and/or national insurance and accounting to HMRC for the same shall be discharged by the Client and the Client agrees to perform those responsibilities.

7.7       The Client shall comply with Schedule 4 in relation to its usage of the Network Locum Web Platform.

7.8       Subject to clause 7.11, Network Locum shall not be liable for any Losses arising from:

(a)        any failure to provide the services of the GP for all or part of the term of this Agreement;

(b)        the negligent, wrongful, dishonest or fraudulent acts or omissions or misrepresentations of the GP, including, without limitation, any lack of skill of any GP; or

(c)        the theft, destruction, deletion or damage of or to any data, computer systems or materials by any GP.

7.9       Network Locum shall not be liable for any Losses arising out of:

(a)        any act or omission or misrepresentation (whether before or after the date of this Agreement) of any GP;

(b)        any special, indirect or consequential damages or loss; or

(c)        any loss of profit, business, revenue, goodwill, anticipated savings and/or any claims made under third party contracts, arising out of any failure by Network Locum to perform any obligations under this Agreement.

7.10     Subject to clause 7.11 and without prejudice to the other provisions of this clause 7, Network Locum's liability in respect of any breach of this Agreement shall not exceed in respect of any GP or Introduction a sum equivalent to three times the NL Service Fee paid (or which would have been payable) in respect of such Introduction.

7.11     Nothing in this Agreement shall operate to exclude or limit Network Locum's liability for:

(a)        death or personal injury caused by Network Locum's negligence;

(b)        its own fraudulent acts or omissions; or

(c)        any other liability which cannot by law be excluded.

7.12     Any responsibilities to GPs under the Pensions Act,  the Agency Workers Regulations 2010 or any employment law remain the sole responsibility of the Client and the Client agrees to perform those responsibilities.

7.13     The Client shall indemnify and keep indemnified Network Locum against any Losses incurred by Network Locum arising out of any breach of this Agreement by the Client.

8.         Data Protection

8.1       In this clause 8, the terms "data subject" and "process" have the meanings given to them in the Data Protection Laws.

8.2       Each party warrants to the other that, in relation to this Agreement, it shall comply strictly with all requirements of the Data Protection Laws. 

8.3       The Client shall keep all information comprising an Introduction (including, without limitation, Personal Data relating to any GP) confidential and undertakes not to use such information for any purpose other than to arrange for the GP to supply his/her services via Network Locum.

8.4       The Client warrants and undertakes to Network Locum that in respect of Personal Data:

(a)        it will act only on the instructions of Network Locum in relation to the processing of any Personal Data in connection with this Agreement;

(b)        it has appropriate technical and organisational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to Personal Data processed in connection with this Agreement;

(c)        it will co-operate with and assist Network Locum at no charge in allowing data subjects to exercise their rights under the Data Protection Laws;

(d)        it will co-operate with Network Locum to enable Network Locum to take reasonable steps to monitor compliance by the Client with its obligations under this Agreement and under the Data Protection Laws; and

(e)        it will comply with any reasonable request made by Network Locum to ensure compliance with the measures mentioned in this clause 8.

8.5       The Client will notify Network Locum immediately of any correspondence it may receive from any local data protection regulator and any successor or replacement body relating to Personal Data or any complaint from an individual about the processing of Personal Data in connection with this Agreement.

8.6       The Client will not transfer any Personal Data to any country outside of the European Economic Area without Network Locum’s prior written consent.

8.7       If the Client becomes aware of the loss or compromise of, or any damage to, any Personal Data which it is processing in connection with this Agreement it will:

(a)        immediately notify Network Locum of the details of the incident;

(b)        promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to Network Locum; and

(c)        fully co-operate, at its sole cost, with Network Locum’s investigation and provide any assistance requested by Network Locum in order for Network Locum to investigate the incident.

9.         General

9.1       This Agreement together with relevant provisions of any Engagement Details and the Schedules constitute the entire agreement between the parties and supersede all previous agreements and arrangements (if any) whether written, oral or implied between Network Locum and the Client relating to the matters contemplated by this agreement and introductions via the Network Locum Web Platform of GPs to the Client, and all such agreements still effective at the date of this Agreement (if any) shall be deemed to have been terminated by mutual consent with effect from 16/02/2015 but without prejudice to any rights which have arisen prior to such termination and so that nothing in this clause 9.1 shall operate to exclude or limit the liability of any party in respect of fraud.

9.2       The Client acknowledges that, in entering into this Agreement, it has not relied on any representations by Network Locum, made before the execution of this Agreement other than those expressly set out in this Agreement.

9.3       This Agreement is personal to the Client and the Client shall not be entitled to assign or sub-contract its obligations or rights under this Agreement to any third party without the prior written consent of Network Locum. Network Locum shall however be entitled to assign this Agreement and, upon such Engagement, without prejudice to the assignor's rights in respect of matters arising prior to such Engagement, and all references to Network Locum shall be deemed to refer to the assignee.

9.4       Time is of the essence for all times, dates and periods specified in this Agreement.

9.5       No amendment to this Agreement is effective unless it is in writing and signed (will be online rather than in writing and signed) on behalf of each party by a person duly authorised by that party.

9.6       Any notice required to be given under this Agreement (including the delivery of any timesheet, Attendance Record entries or invoice) shall be given in such manner as is  expressly provided for on the Network Locum Web Platform or (where not so provided for) shall be given in writing signed by a person duly authorised by the sending party and delivered by hand, e-mail or prepaid first class post to the recipient at its address specified in this Agreement (or as otherwise notified from time to time to the sender by the recipient for the purposes of this Agreement).

9.7       This Agreement shall be governed by and construed in all respects in accordance with English law and the Courts of England and Wales shall have exclusive jurisdiction.

9.8       If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law:

(a)        such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;

(b)        to the extent permitted by law, Network Locum and the Client shall negotiate in good faith a replacement to any provision severed under clause 9.8(a) by a provision which is of similar effect but which is not illegal or unenforceable.

9.9       None of the provisions of this Agreement is intended to be for the benefit of, or enforceable by, third parties (other than permitted assignees of Network Locum who shall be entitled to enforce the provisions of this Agreement as if original parties to it) and the operation of the Contracts (Rights of Third Parties) Act 1999 is (aside from such permitted assignees) excluded.

9.10    

Schedule 1

Fees

1.   The NL Service Fee shall be calculated as follows:

a.   15% (or such other amount as may from time to time be agreed in writing by the parties) of the remuneration (excluding employers’ pension contributions) payable by the Client to the GP in respect of each Engagement; or

b.   in respect of any other engagement of a registered medical practitioner (as an employee or to provide services on any other basis) by the Client (or any member of the Client's Group) where that engagement follows an Introduction of that practitioner, and the engagement commences within 18 months of such Introduction (the "Restricted Period"), the NL Service Fee shall be 15% of the remuneration payable to that practitioner in respect of the first 12 months of such services.

2.   The Late Payment Charge shall be 2 per cent per month (compounding with monthly stops) of the amount of any GP Invoice in respect of which Network Locum makes a Loan on the basis set out in Clause 5.6.

3.   The Short Notice Cancellation Service Fee shall be the following proportion of the NL Service Fee that would have been payable for the Engagement:

 

Engagement cancelled within

Cancellation fee

5 Business Days

5%

4 Business Days

10%

3 Business Days

15%

2 Business Days

20%

1 Business Day

 25%

4.   The amount of the Off Platform Payment Charge (payable in the circumstances specified in clause 5) shall be £45.

5.   The above amounts are subject to VAT as applicable.

Schedule 2

General Terms and Conditions between GP and Client for GP Services

Background:

(A)        The GP shall provide the GP Services for the Client in accordance with the terms of these General Terms and Conditions which is a contract for services.

(B)        These General Terms and Conditions are a framework agreement, the terms of which shall apply to any and each Engagement agreed between the parties, including via such click box or registration system on any online platform the parties may use.

(C)        GP Services under these General Terms and Conditions may, for reasons of convenience, be paid for via a third party, but the parties acknowledge and accept that any payment relating to GP Services shall be the ultimate responsibilities of the Client and paid under or in consequence of the Agreement between the GP and Client and not under any agreement between the Client and any third party.

It is agreed as follows:

1.         Definitions and interpretation

1.1       In these General Terms and Conditions, unless the context otherwise requires, the following definitions shall apply:

"Application Documents" means any tender documentation, application form or other written information provided by the GP to the Client (via any third party or Platform or otherwise) about the self-employment, tax status, experience, training, qualifications, authorisations and general suitability of the GP for performing the GP Services.

"Attendance Module" means any part of the Platform or other system from time to time applicable to the Engagement that is used to record the time and attendance details of GPs on Engagements, from which electronic timesheets are generated.

"AWR" means the Agency Workers Regulations 2010.

"Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business in London.

"Client" means the Client for whom an Engagement is performed.

"Client's Group" means the Client, any body corporate of which the Client is a subsidiary (as defined in section 1159 of the Companies Act 2006), any other subsidiary of such body corporate and any subsidiary of the Client.

"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 an Engagement with the Client on the terms set out in the Engagement Details and otherwise subject to these General Terms and Conditions. Each individual Engagement shall constitute a separate agreement.

"Engagement Details" means details relating to the Engagement set out in the Platform and including start time, end time, type of work including the structure of the day, any additional requirement such as home visits, administrative tasks, follow ups, telephone consults, prescriptions etc., number of patients to be seen in the time, location, travel information to the practice, Fee Rate, and health and safety details.

"Fee Rate" means the rate of payment as detailed in the Platform plus any Short Notice Cancellation Fee.

"Force Majeure" means any cause preventing a party from performing any or all of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the party so affected.

"General Terms and Conditions" means this agreement between the Client and the GP comprising the terms set out in this document.

"Good Practice" means the exercise of the skill, diligence, prudence, foresight and judgment which would be expected from a suitably skilled and experienced person engaged in the same type of services as the GP Services.

"GP" means the individual whose personal details are registered with any Platform and who is assigned to the performance of the GP Services as at the start of an Engagement.

"GP Services" means the services to be performed by the GP in relation to an Engagement as detailed in the Engagement Details.

"Loss" means any demand, contribution, claim, action, proceeding, liability, loss, damage, costs, expenses, tax, national insurance contributions (to the extent permitted by law) and charges and any related penalties, fines or interest whatsoever whether founded in statute, contract, tort or otherwise made or brought against or incurred (including without limitation all losses, liabilities and costs incurred as a result of defending or settling any claims).

"Platform" means such online web platform as the parties may use for the purposes of finding each other in relation to an Engagement.    

"Short Notice Cancellation Fee" means the fee payable by the Client for cancelling an Engagement at short notice. Bookings cancelled more than 5 business days in advance will incur no penalty. If a booking is cancelled with less than 5 business days before the Engagement is due to commence, the GP may charge the following fees:

Engagement cancelled within

Cancellation fee

5 Business Days

5%

4 Business Days

10%

3 Business Days

15%

2 Business Days

20%

1 Business Day

 25%

"Supplier" means (if applicable) an intermediary (including a personal service company), via which the GP performs GP Services.

"Systems" means telecommunications systems, IT systems and security systems.

"Vacancy" means the specific details of a potential Vacancy with the Client (including Engagement start time) (in respect of which the Client has issued a vacancy notification).

1.2       Each term starting with a capital letter and not defined in clause 1.1 or elsewhere in these General Terms and Conditions is as defined in the Platform.

1.3       Any reference, express or implied, to an enactment includes a reference to that enactment as from time to time amended, modified, extended, re-enacted, replaced or applied by or under any other enactment (whether before or after the date of these General Terms and Conditions) and all subordinate legislation made (before or after these General Terms and Conditions) under it from time to time.

1.4       Where the context permits, words denoting:

(a)        persons shall include bodies corporate and unincorporated associations of persons;

(b)        the singular includes the plural and vice versa; and

(c)        one gender shall include any gender.

1.5       The GP acknowledges and agrees that the terms of these General Terms and Conditions shall apply to each Engagement. In the event of any conflict or inconsistency between the Engagement Details and the terms in these General Terms and Conditions, the terms of the Engagement Details shall take precedence.

1.6       Where the Client engages the services of a GP via a Supplier (and such Supplier is engaged on the basis of these General Terms and Conditions) then:

(a)        references in these General Terms and Conditions to the GP shall refer to the Supplier; and

(b)        the Supplier agrees thaSt it shall procure that the GP shall comply with the terms of this Agreement as if it were a party to it in place of the Supplier.

2.         GP's Obligations

2.1       The GP shall:

(a)        throughout the term of each Engagement under these General Terms and Conditions supply the GP Services in accordance with Good Practice at all times taking responsibility for the way in which the GP Services are performed and complying with appropriate key performance indicators and reporting requirements as required by the Client's clinical governance procedures;

(b)        comply with all health and safety, site and security regulations applicable at the Client location(s) to the extent that they apply to the type of work required for the provision of the GP Services and report to the Client any unsafe working practices or conditions;

(c)        comply with all the Client regulations, policies and protocols as notified by the Client from time to time except where such regulations and policies relate solely to employees of the Client;

(d)        promote the interests of the Client and not engage in any conduct detrimental to the interests of the Client, including, without limitation, any conduct likely to bring the Client into disrepute;

(e)        give reasonable notice (via the Platform and as otherwise required by the Client, including by telephone to the Client) to the Client of any period during which the GP will be unavailable or unable to perform the GP Services, giving the reason;

(f)         supply to the Client (via the Platform) copies of any relevant qualifications or authorisations that the GP is required by the Client or by law or any professional body to have in order to provide the GP Services;

(g)        provide the customarily required equipment (save to the extent necessarily provided by the Client) for their session, including where appropriate , a stethoscope, otoscope and ophthalmoscope;

(h)        notify the Client in advance via the Platform or as otherwise may be agreed by the parties if it wishes to claim NHS pension contribution from the Client;

(i)         indemnify the Client against all Losses incurred by any of them arising out of any negligent, wrongful or fraudulent act or omission of the Supplier and/or the GP; and

(j)         (in the case of a Supplier only) enter into a contract with the GP such that he or she is under obligations which reflect the provisions of clauses 2, 5, 6, 7, 8, 9 and 10 as if the GP were a party to the Engagement in place of the Supplier.

3.         Client Obligations

3.1       The Client shall:

(a)        carry out risk assessments of the GP Services to be undertaken and notify the GP immediately of any specific or potential hazards relating to the Engagement and any precautions the GP should take in relation to such risks;

(b)        not allow the GP to undertake any work that is hazardous without first undertaking a risk assessment and notifying the GP of any risks identified;

(c)        if applicable, make clear before the Engagement to the GP what rules (including but not limited to health and safety, site and security policies, procedures; login or passwords relating to the Client's Systems and regulations) apply in respect of the location(s);

(d)        ensure that any and all equipment, machinery and protective clothing are in good order and are suitable, safe and comply with all relevant health & safety legislation and that an up to date locum pack is provided at induction complying in all material respects with www.networklocum.com

(e)        (if available on the Platform) make appropriate Attendance Module entries verifying the number of hours worked by the GP and evidencing satisfactory performance of the GP Services by the GP. These shall be notified to the GP via the Platform;

(f)         use its reasonable endeavours to resolve any reports made by GP in accordance with clause 2.1(b);

(g)        pay NHS pension contributions on the basis agreed via the Platform/Engagement Details unless they are not an NHS employer or otherwise agreed in advance. For the avoidance of doubt GPs operating via a personal service company shall not be paid NHS pension contributions; and

(h)        provide customary support and training and a physical tour of all premises and systems at the start of the Engagement.

4.         Payment of fees

4.1       The GP shall issue invoices to the Client but shall also send them to, and/or otherwise register the relevant details on, the Platform in such manner as may from time to time be specified by the operator of the Platform (as agent for the Client) and/or by the Client. Such invoices shall be calculated on the basis of the number of hours worked by the GP, as recorded in the Attendance Module on the Platform or other system agreed by the parties. Subject to the GP performing the GP Services in accordance with these General Terms and Conditions, the Client will pay the GP's invoices by the date specified on the Engagement Details. The Client may have fast payment arrangements in place in which case the GP may be paid within a few Business Days. If such arrangements are in place they will be notified to the GP separately and/or via the Platform or Engagement Details.

4.2       The GP shall raise any queries or disputes in relation to entries made in the Attendance Module by the Client immediately.

4.3       The GP shall be entitled to claim from the Client any reasonable expenses incurred in connection with the performance of the GP Services provided that the Engagement Details allow for such payment and provided that details of these reasonable expenses (and any appropriate receipts) are given to the Client at such time and in such form as required by the Client. Failure to notify the Client of expenses prior to the end of the Engagement (and/or provide legitimate receipts) as required and/or in good time may result in expenses not being payable.

4.4       It is understood by the parties that the supplies of the GP Services are not subject to VAT. If however the VAT legislation changes and/or VAT does become chargeable on any sum charged by the GP all amounts payable for the Engagement shall be exclusive of VAT which, if applicable, shall be payable by the Client at the prevailing rate on production by the GP of the GP's VAT certificate. 

5.         GP's status

5.1       The parties acknowledge that the GP is not the employee, worker, agency worker, agent, partner or servant of the Client or any operator of the Platform and accordingly:

(a)        these General Terms and Conditions are not an exclusive arrangement and (subject to clause 2.1(e) nothing in these General Terms and Conditions shall prevent the GP from engaging in other services for any third party;

(b)        the Client is not obliged to engage the GP for the provision of services nor is the Supplier or the GP obliged to provide services to the Client beyond the termination or expiry of an Engagement;

(c)        any Supplier shall comply with all legal and fiscal obligations including but not limited to the Working Time Regulations 1998 and any requirement to register residency, any requirements under the Pensions Act 2008 and any requirements under the AWR to the extent the GPs work under the supervision and direction of the Client such that the AWR apply, (which the parties agree is not contemplated by the parties to be the case);

(d)        the GP shall account on a timely basis to the appropriate authorities for all tax (including VAT), National Insurance contributions and social security levies (if any) payable in respect of sums paid to the GP or (in the case of a Supplier only) by it to the GP or to the GP directly in connection with this Engagement;

(e)        the GP shall comply with the provisions of the Immigration, Asylum and Nationality Act 2006 (the "Act") in all relevant respects and, if the GP is subject to immigration control for the purposes of such Act, the GP warrants that:

(i)         the GP has valid and subsisting leave to enter and remain in the United Kingdom for the duration of this Engagement; and
(ii)         the GP is not (in relation to such leave in 5.1(e)(i)) subject to any conditions which may preclude or have an adverse effect on the provision of the GP Services;

(f)         the GP shall, throughout the Engagement hold full medical indemnity cover (including out of hours work cover where relevant), professional indemnity insurance, and public liability insurance and any and all other customary and/or appropriate insurance (including any such from time to time specified via the Platform) against a minimum amount per claim as is customary and/or appropriate and at least such sum(s) as is/are from time to time specified via the Platform and supply the Client with evidence of cover on request. The GP shall cooperate in any checks, including identity checks, reference checks or insurance checks that the Client may carry out itself or via any agent. The GP will notify the Client if any information provided changes;

(g)        the GP shall, subject to working towards meeting the Client's objectives, determine generally how the GP Services shall be supplied; 

(h)        the GP warrants that it operates on a basis such that the supply it makes in an Engagement is one of independent professional consultancy services to the Client.  Accordingly, the GP agrees that it does not intend or regard the supply of GP Services made in this Engagement to fall within the scope of the PAYE regime or the AWR.  The GP shall notify the Client in writing forthwith if, in its or the GP's opinion, the nature of the GP Services or the Engagement change(s). Upon receipt of such notification the Client reserves the right to terminate the Engagement by notice with immediate effect without liability. The GP shall indemnify the Client against any Losses arising from failure to notify the Client of any change in the nature of the GP Services from that represented by the GP to the Client, and as intended by the parties, as at the start of the Engagement; and

(i)         the GP shall indemnify the Client from and against any Losses which the Client may suffer or incur as a result of the failure of the GP to comply with any of the representations, warranties and/or undertakings in this clause 5 including, without limitation, Losses which they would not have suffered or incurred but for:

(i)         the Supplier or the GP claiming to be; and/or
(ii)         some official, public body or authority for any purpose regarding the Supplier or the GP as,

an employee or worker of the Client or otherwise entitled to any rights or benefits that employees or workers enjoy or subject to income tax/national insurance contributions as an employee or worker of the Client.

6.         Confidentiality

6.1       The GP shall:

(a)        keep confidential all information relating to the Client's business and affairs (including, for the avoidance of doubt, payment rates) ("Confidential Information") which may become known to it in connection with the supply of the GP Services or this Engagement;

(b)        not use any Confidential Information except for the purposes of performing the GP Services;

(c)        not without the Client's express written permission remove from the Client's premises any material containing any Confidential Information; and

(d)        on request, return to the Client (or any other entity as the Client may direct) all material in its or the GP's possession or control and belonging to the Client and/or containing Confidential Information.

7.         Termination

7.1       Each Engagement is a separate contract and that contract terminates at the end of the Engagement. Any Engagement may be terminated prior to any end time set out in the Engagement Details by the Client by notice with immediate effect if:

(a)        the GP is in breach of any term of these General Terms and Conditions, which is, in the reasonable opinion of the Client, incapable of being remedied; or, where such breach is in the opinion of the Client capable of being remedied, the GP fails to remedy such breach to the Client's satisfaction and at no additional cost to the Client within 1 Business Day after an earlier notice requiring it to do so;

(b)        the GP has in relation to these General Terms and Conditions committed an act or omission of dishonesty, incompetence or negligence; or is convicted of any indictable criminal offence (other than, where the GP Services do not require the GP to drive, a road traffic offence for which a penalty of imprisonment is not imposed); or becomes bankrupt, applies for, or has made against it or him, a receiving order or makes any composition with its creditors or an administration order or order is made or resolution passed for the winding up of the Supplier;

(c)        the Client receives or obtains information which gives the Client reasonable grounds to believe that the GP is unsuitable to provide services for the Client; or, if the information indicates that the Supplier and/or the GP may be unsuitable, the Client has reasonable grounds to believe that the Supplier and/or the GP is unsuitable after the Client has made such enquiries as are reasonably practicable as to such suitability; or

(d)        the GP fails to provide to the Client any information requested by the Client on or prior to the start of the Engagement.

7.2       Termination or expiry of the Engagement shall be without prejudice to the rights of the Client arising directly or indirectly out of the acts and/or omissions of the Supplier and/or the GP prior to, in connection with or as a result of such termination or expiry.

8.         Details and identity of GP

8.1       The GP warrants:

(a)        the correctness of the information supplied to the Client (via the Platform) in any Application Documents;

(b)        that the GP shall have current and full registration with the General Medical Council and is on the GP register;

(c)        that the GP is on such National Performers or other relevant list as may from time to time be appropriate;

(d)        that the GP holds a current CCT or JCPTGP certificate or equivalent;

(e)        that the GP has the experience, training, qualifications and any authorisation which the Client considers are necessary, or which are required by law or by any professional body for the GP to possess in order to perform the GP Services; and the Supplier shall, at the request of the Client, provide confirmation of the identity of the GP and written references and co-operate in any checks in relation to experience, training, qualifications and authorisations relevant to the performance of the GP Services;

(f)         that the GP has no criminal convictions which would reasonably affect the Client's decision to allow the GP access to the location(s) of the GP Services, the Client's systems or to provide the GP Services; that it will ensure that it receives confirmation from the GP that he or she is willing to work in the position the Client seeks to fill (to the extent that it is accurate to describe the provision of the GP Services under the Engagement as "working in a position");

(g)        that if the GP is practicing with restrictions on their licence, he or she will inform the Client (via the Platform) in advance of the Engagement;

(h)        that the GP has provided full and accurate information about any disciplinary proceedings or ongoing performance review;

(i)         that he or she may be subject to (whether or not they have been concluded) including any which may have been concluded and may still be relevant to the Engagement. Such proceedings or review should include any such by any Primary Care Trust or any successor body, the General Medical Council, the National Clinical Assessment Service or by any medical body in any country where the GP is practicing;

(j)         that if, at any time prior to the start of the Engagement, the GP has, receives or obtains any information which indicates that the GP is or may be unsuitable to perform the GP Services for the Client, whether or not the grounds for this are reasonable, the GP shall pass such information to the Client immediately, and co-operate fully with any further enquiries the Client or its agent may make in connection with that information; and

(k)        that the GP is not prevented by any other agreement or arrangement or any restriction (including, without limitation, a restriction in favour of any employment agency, employment business, or client of either of them) from performing their respective obligations under an Engagement.

8.2       The Client reserves the right to carry out, or instruct a third party to carry out, electronic identity checking procedures to verify the identity of the GP.  In the case of a Supplier, the Supplier warrants that it has informed the GP of the right reserved by the Client in accordance with this clause 8.2 and that the GP has consented to the Client, or any third party instructed by the Client, carrying out such identity checks.

9.         Data Protection

9.1       The GP warrants that:

(a)        in relation to an Engagement, it shall comply strictly with all provisions applicable to it under the Data Protection Laws; and

(b)        the GP has given his express consent to the Client, the operator of the Platform and any member of the Client's Group and/or any other intermediary, such as a managed service provider, involved in the supply of the GP Services to the Client:

(i)         processing the GP's personal data for purposes connected with the provision of the GP Services or otherwise in contemplation of providing the GP Services and for any purposes connected with the performance of an Engagement; and
(ii)         exporting and/or processing the GP's personal data in jurisdictions outside the European Economic Area for purposes connected with the performance of an Engagement.

9.2       The Supplier/GP shall indemnify the Client for any Losses the Client incurs or suffers arising from any breach of any warranty contained in clause 9.1.

10.       General

10.1     These General Terms and Conditions and relevant Engagement Details (and any confidentiality undertaking given by the GP to the Client) constitute the entire agreement between the parties and supersedes all previous agreements and arrangements (if any) whether written, oral or implied between the Client and the GP relating to the GP Services and all such agreements still effective at the start  of an Engagement (if any) shall (without prejudice to the rights of the Client arising prior to the start of an Engagement in respect of prior breaches by the GP of which the Client is not aware) be deemed to have been terminated by mutual consent with effect from the start date but so that nothing in this clause 10.1 shall operate to exclude or limit the liability of any party in respect of fraud.

10.2     The GP acknowledges that, in agreeing to perform an Engagement, it has not relied on any representations by the Client, its agent or the GP made before the relevant Vacancy other than those expressly set out in the Platform and Engagement Details.

10.3     An agreement relating to an Engagement is personal to the GP and the GP shall not be entitled to assign or sub-contract its obligations or rights to any third party or to procure that the GP Services are performed by any person other than the GP.

10.4     No amendment to any Engagement is effective unless it is incorporated within the Platform.

10.5     Any notice required to be given relating to an Engagement shall be sent through the Platform (or as otherwise notified from time to time to the sender by the recipient for the purposes of the Engagement).

10.6     Any Engagement shall be governed by and construed in all respects in accordance with English law and the Courts of England and Wales shall have exclusive jurisdiction.

10.7     The restrictions contained in the Engagement are considered reasonable by the parties, but, if any such restriction is found void but would be valid if some part of the restriction were deleted, such restriction shall apply with such deletion as may be necessary to make it valid and effective.

10.8     None of the provisions of the Engagement is intended to be for the benefit of, or enforceable by third parties (other than permitted assignees) and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.


Schedule 3

Network Locum Checks

The below is a list of information which Network Locum will collect

CHECK

HOW INFORMATION IS COLLECTED FROM GP

NL VERIFICATION

Experience

GP provides details during registration of the User Account

None

References

GP provides details during registration of the user account

Reference requests are emailed to listed referees and references received are attached to GP profile

Passport / ID

GP uploads scans onto the User Account during registration

 Checked, so far as reasonably practicable for NL to do so, for consistency against other documentation provided by GP

Work Permits

GP uploads scans onto the User Account during registration

Checked, so far as reasonably practicable for NL to do so, for consistency against other documentation provided by the GP

National Insurance number

GP provides details during registration of the User Account

Checked, so far as reasonably practicable for NL to do so, for consistency against other documentation provided by the GP

Company Information (if working through PSC)

 GP provides details during registration of the User Account           

Checked, so far as reasonably practicable for NL to do so, for consistency against other documentation provided by the GP

Self-employed Information (if GP is self-employed)

 GP provides details during registration of the User Account

Checked, so far as reasonably practicable for NL to do so, for consistency against other documentation provided by the GP

Performer's List status

GP provides GMC number on sign up

Online National performer's List database checked to ensure registered with full licence. Checked on sign up and quarterly

GP Register

GP provides GMC number on sign up

Check qualification date and listed on GP register

GMC History

GP provides GMC number on sign up

Check for clear GMC history (no restrictions or conditions on working) on sign up and quarterly

Please note that

·    Network Locum does not, except where expressly agreed otherwise, carry out third party checks on information provided by GPs; and

·    whilst all information is collected in good faith, Network Locum does not guarantee that information provided by GPs or third parties is true and accurate.


Schedule 4

Terms relating to use of Network Locum Web Platform

The Terms in this Schedule apply irrespective of whether any GP is engaged by the Client.

1.         Registration

To enjoy the NL Service the Client (also referred to as "you" or "your" in this Schedule) must register an account through the Network Locum Web Platform ("User Account").

The Client is only eligible to register a User Account if, and by registering and creating a User Account it confirms that, it is resident in the United Kingdom, and all information that it uses to register is accurate and current. It is the Client's responsibility to keep all information up to date.

On registering with Network Locum to use the NL Service, the Client will be issued with a user name and password which must be used in order to access the NL Service.  The user name and password are personal to the Client and are not transferable.

In order to use the NL Service the Client must populate the member profile. The Client warrants and represents that all information provided on registration and contained in the member profile is, and continues to be, accurate and not misleading.

The Client's user name and password are the methods used by Network Locum to identify the Client and so are very important.  The Client is responsible for all information posted on the Network Locum Web Platform by anyone using its user name and password.  Any breach of security of a user name and password should be notified to Network Locum immediately.

The Client may not adapt or circumvent the systems in place in connection with the Network Locum Web Platform, nor access the NL Service other than through normal operations for the purposes contemplated in this Agreement.

2.         Use of NL Service

The Client takes responsibility for any information or comment (by way of free-text or otherwise) that the Client enters into the Network Locum Web Platform and/or Engagement Details. Accordingly, any claims or disputes that arise from any such information or comment are the Client's sole responsibility and the Client shall indemnify Network Locum in respect of any Loss it may suffer in relation to any of the same including in relation to any such information or comment that is or is alleged to be defamatory.

The NL Service may only be used by individuals (and suppliers of individuals) seeking assignments as GPs and by Clients seeking the same.  The Client's use of the NL Service is subject to any other contracts that it may have with Network Locum.  If there is any conflict or inconsistency between these Terms and the contract you have with Network Locum, the terms of your contract will take precedence. 

You agree to use the Network Locum Web Platform and the NL Service only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else's use of the NL Service.

You are permitted to download and print content from the Network Locum Web Platform solely for your personal use.  Network Locum Web Platform content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any reason without Network Locum's express written permission.  You are not entitled to use the content of the Network Locum Web Platform for commercial exploitation in any circumstances.

By using the Network Locum Web Platform and/or the NL Service, you agree not to:

•           use the Network Locum Web Platform, the NL Service, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;

•           use the NL Service for any unlawful purpose or for the promotion of illegal activities;

•           attempt to, or harass, abuse or harm another person or group;

•           use another person's User Account without permission;

•           provide false or inaccurate information when registering a User Account, using the NL Service or communicating with other users;

•           post any assignment where there is a risk to the health and safety of any GP;

•           except where allowed by applicable law, post jobs which require the GP to provide information relating to his/her: (i) racial or ethnic origin, (ii) political beliefs, (iii) philosophical or religious beliefs, (iv) membership of a trade union, (v) physical or mental health, (vi) sexual life, (vii) criminal offences or proceedings, or (vii) age;

•           attempt to re-register with the NL Service if Network Locum has terminated your User Account for any reason;

•           interfere or attempt to interfere with the proper functioning of the NL Service;

•           make any automated use of the system, or take any action that Network Locum deems to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

•           bypass any measures we take to restrict access to the NL Service or use any software, technology, or device to scrape, spider, or crawl the NL Service or harvest or manipulate data;

•           use the communication systems provided by or contacts through the NL Service for any commercial solicitation purposes; or

•           publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

3.         User Content

You are responsible for any content, messages, reviews, feedback or profiles ("User Content") that you submit, post or display on the Network Locum Web Platform, or transmit to other users of the NL Service.  You will not provide inaccurate, misleading, defamatory or false information onto the Network Locum Web Platform or to any other user of the NL Service, and all opinions stated as part of User Content must be genuinely held.  You represent and warrant to us that you have the right and authority to post all information you post about yourself or others on the Network Locum Web Platform.

By submitting, posting or displaying User Content on the Network Locum Web Platform, you grant Network Locum a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to reproduce, adapt, distribute and publish such User Content through the NL Service.  Network Locum reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion and shall comply with the Data Protection Laws in relation to sensitive personal data.

Network Locum may review and remove any User Content that, in its sole opinion, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, other users of the NL Service.  Network Locum reserves the right to prevent further access to the NL Service for violating the Terms or applicable laws, rules or regulations.

Network Locum does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by users of the NL Service nor does NL endorse any opinions expressed by users of the NL Service.

4.         Third party websites

The Network Locum Web Platform may contain links to other Web Platforms.  We accept no responsibility or liability for any material supplied or contained on any third party Web Platform which is linked from or to the Network Locum Web Platform, or any use of personal data by such third party.

5.         Indemnity

You agree to indemnify, defend and hold harmless Network Locum and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable legal fees and costs incurred by NL in connection with any claim by a third party (including an intellectual property claim) arising out of: (i) the materials and content you submit, post or transmit through the Network Locum Web Platform, or (ii) your use of the Network Locum Web Platform or the NL Service in violation of these Terms or in violation of any applicable law. 

6.         Terms

Network Locum reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Network Locum Web Platform and the NL Service, to remove your User Account and/or any User Content posted by or about you, from the Network Locum Web Platform, and/or to terminate your registration with the NL Service, with or without notice if Network Locum determines that you are not eligible to use the NL Service, and/or have violated any of these Terms.

Network Locum reserves the right, at its reasonable discretion, to apply procedures to detect and prevent breaches of these Terms or to monitor use of the NL Service generally.  These Terms will remain in full force and effect while you are a user of the Network Locum Web Platform or a registered user of the NL Service.  Network Locum reserves the right to close your User Account and terminate these Terms with you at any time by providing you with thirty (30) days’ notice if Network Locum ceases to provide the NL Service in the United Kingdom.  Network Locum reserves the right to close your User Account and terminate these Terms with you at any time after a significant duration of activity.  If Network Locum terminates your User Account because of a breach by you of these Terms, you agree that you will not seek to register with the NL Service again, whether using the same or a different identity to that under which you were originally registered.

7.         Changes to these Terms

These Terms may be amended by Network Locum in its discretion from time to time and the latest version will always be available on the Network Locum Web Platform.  Any new version of these Terms shall take effect, and will govern the NL Service and your relationship with Network Locum : (i) immediately upon the date of posting on the Network Locum Web Platform where the changes to these Terms relate to a new feature/service or non-material changes, which (in either case) do not reduce your rights or increase your liability to us; or (ii) no less than thirty (30) days after the date of posting on the Network Locum Web Platform where the changes to these Terms potentially reduce your rights or potentially increase your liability to Network Locum.  Please make sure you check for updates to these Terms each time you use the NL Service.

8.         Privacy

You agree that any and all personal information you provide to us may be collected, stored, processed and used in accordance with our current Privacy Policy.