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Definitions. In these Conditions, the following definitions apply:
Charges: the charges payable by the Client for the Services in accordance with clause 4.
Commencement Date: has the meaning set out in clause 2.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 9.4.
Contract: the contract between TLPC and the Client for the provision of Services in accordance with these Conditions.
Client: the person who purchases Services from TLPC.
Request for Treatment: the Client’s request to be treated by TLPC indicated by the Client’s written acceptance of these Conditions.
Services: the Treatment, supplied by TLPC through its nominated consultants or contracted workers to the Client as set out in the Client’s individual Treatment Plan.
TLPC: The London Psychiatry Centre LLP registered in England and Wales with number OC364524.
Treatment Plan: the description of the Services agreed with the Client and set out in writing by TLPC.
2. Basis Of Contract
A Request for assessment and/or Treatment constitutes an offer by the Client to engage TLPC to provide the Services in accordance with these Conditions.
2.2 The Request for Treatment shall only be deemed to be accepted when TLPC issues verbal or written acceptance to take on the Client as a patient at which point and on which date the Contract shall come into existence (Commencement Date).
2.3 The Services supplied under this agreement shall continue to be supplied unless they are terminated in accordance with clause 7.
2.3 The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of TLPC which is not set out in the Contract.
2.4 Any samples, drawings, descriptive matter or advertising issued by TLPC, and any descriptions or illustrations contained in TLPC’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
3. Supply Of Services
3.1 TLPC shall provide the Services to the Client through its nominated consultants and contracted workers following an initial assessment and in accordance with the Client’s Treatment Plan in all material respects.
3.2 TLPC warrants to the Client that the Services will be provided will all reasonable care and skill and in accordance with best practice guidelines as set out by the General Medical Council, the Royal College of Psychiatrists and the Care and Quality Commission.
3.3 TLPC warrants that all consultants providing Services shall hold professional indemnity insurance to the value of £5 million and will be registered to practice with the General Medical Council or relevant professional body for the Services offered.
3.4 TLPC and its nominated consultants or contracted workers reserve the right to amend the Treatment Plan at any point during the provision of the Services.
4. Charges & Payment
4.1 The Charges for the Services shall be calculated in accordance with TLPC’s standard consultation fee rates.
4.2 TLPC reserves the right to increase its standard fee rates, If such increase is not acceptable to the Client, it shall notify TLPC of this in writing and TLPC shall have the right without limiting its other rights or remedies to terminate the Contract.
4.3 The Client shall pay TLPC the Charges on the day of the consultation either in cash, by credit card or by cheque made payable to “The London Psychiatry Centre LLP.”
4.4 The full amount of the Charges shall be the responsibility of the Client, regardless of whether they are payable to TLPC by the Client’s insurer, The Client must therefore ensure that they have the requisite authority from their insurer to engage TLPC to provide the Services prior to a consultation being booked.
4.5 Any follow up treatment that may be required in addition to the Services shall be charged in accordance with the fees set out in Schedule 1 and will be payable by the Client to TLPC in advance. All outstanding Charges owed by the Client to TLPC must be cleared before any further consultations can take place.
4.6 All amounts payable by the Client under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where any taxable supply for VAT purposes is made under the Contract by TLPC to the Client, the Client shall, on receipt of a valid VAT invoice from the TLPC, pay to TLPC such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
4.7 Without limiting any other right or remedy of TLPC, if the Client fails to make any payment due to TLPC under the Contract by the due date for payment within 28 days of service, TLPC shall have the right to charge interest on the overdue amount at the rate of 8.5 per cent per annum above the then current Bank of England base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
4.8 The Client shall pay all Charges in full without any deduction or withholding except as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against TLPC in order to justify withholding payment of any such amount in whole or in part. TLPC may, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by TLPC to the Client.
5. Cancellation Policy
Should the Client wish to cancel a consultation, it must give TLPC two full working day’s notice (48 hours). If the Client cancels a consultation without giving the correct notice as set out in this clause 5, the Client shall pay TLPC the full amount of the Charges.
6. Confidentiality & Privacy
6.1 TLPC shall keep in strict confidence all information of a confidential nature that is disclosed to it or its employees, agents or subcontractors by the Client, and any other confidential information concerning the Services, provided that such disclosure is not required by law. TLPC shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging TLPC’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind TLPC. This clause 6 shall survive termination of the Contract.
7.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving verbal or written notice to the other party if:
(a) following a written demand for payment, the Client fails to pay any amount owing to TLPC within 14 days of receipt of the demand.
(b) the Client is discharged back to their GP or the Patient decides to transfer their care to another provider.
7.2 Without limiting its other rights or remedies, each party shall have the right to terminate the Contract by giving the other party written notice.
8. Consequences Of Termination
On termination of the Contract for any reason:
(a) the Client shall immediately pay to TLPC all of its outstanding unpaid Charges and any interest that has accrued;
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and
(c) clauses which expressly or by implication have effect after termination shall continue in full force and effect.
9.1 Force majeure:
(a) For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of TLPC including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of TLPC or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of TLPC or its contracted workers.
(b) TLPC shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents TLPC from providing any of the Services for more than 8 weeks, TLPC shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Client.
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
9.4 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing by TLPC.
9.5 Governing law and jurisdiction: 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, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.