Buy Medical Insurance

T&C

Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE SUBMITTING AN APPLICATION TO REGISTER AS A CONSULTANT.

These terms apply to all Consultants that provide a Service through our mobile applications and/or our tablet applications (App).

If you think that there is a mistake in these terms or require any clarification, please contact us to discuss. To contact us, please email Admin@countymedical.co.uk or telephone on 0800 037 0036. For other options, please visit Contact Us on our website.

Agreed terms

1. Interpretation

The following definitions and rules of interpretation apply in these terms (unless the context requires otherwise).

1.1 Definitions:

Agreed Propose

: The following definitions and rules of interpretation apply in these terms (unless the context requires otherwise).

Business Day

: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Consultant

: the person, company or entity from whom the Client purchases the Services. This shall include but is not limited to general practitioners, consultants, doctors, dieticians, and physiotherapists.

Client

: County Medical Healthcare Limited incorporated and registered in England and Wales with company number 08272908 whose registered office is at 93 Tabernacle Street, London, EC2A 4BA.

Client Property

: all documents, books, manuals, materials, records, correspondence, papers and information (on whatever media and wherever located) relating to the Business or affairs of the Client or its customers and business contacts, and any equipment, keys, hardware or software provided for the Consultant’s use by the Client during the Engagement, and any data or documents (including copies) produced, maintained or stored by the Consultant on the Client or the Consultant’s computer systems or other electronic equipment during the Engagement.

Confidential Information

: information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, patients, suppliers, services, affairs and finances of the Client for the time being confidential to the Client and trade secrets including, without limitation, technical data and know-how relating to the Client or any of its suppliers, customers, clients, agents, distributors, shareholders, management or business contacts, including (but not limited to) information that the Consultant creates, develops, receives or obtains in connection with their Engagement, whether or not such information (if in anything other than oral form) is marked confidential.

Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures

: as set out in the Data Protection Legislation.

Data Discloser

: a party that discloses Shared Personal Data to the other party.

Data Protection Legislation

: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications)];

UK GDPR

: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

Deliverables

: any outputs of the Services and any other documents or materials provided by the Consultant to the Client and any other documents and materials provided by the Consultant to the Client in relation to the Services (excluding the Consultant’s equipment).

Data Protection Legislation

: all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR), the Data Protection Act 2018 (and regulations made thereunder) or any successor legislation, and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).

Insurance Policies

: Medical indemnity insurance.

Intellectual Property Rights:

: patents, rights to inventions, copyright and related rights, moral rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Mandatory Policies

: The Client’s policies, procedures and codes of practice that it has in place from time to time.

Permitted Recipients

: the parties to this agreement, the employees of each party, any third parties engaged to perform obligations in connection with this agreement.

Services

: the services provided by the Consultant in a consultancy capacity for the Client as specified in clause 3.

Shared Personal Data

: the personal data to be shared between the parties under clause 9 of this agreement. Shared Personal Data shall be confined to the following categories of information relevant to the following categories of data subject: identity data, contact data, race, ethnic origin, health data, sex life and sexual ordination.

Termination Date

: the date of termination of these terms, howsoever arising.

1.2 Interpretation

  • A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
  • Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  • A reference to writing or written includes email.

2. Term of engagement

In order to register as a consultant, the Consultant shall submit an application using the application process through the Client’s App or by email at admin@countymedical.co.uk , and providing the following documents:

  1. proof of ID;
  2. curriculum vitae;
  3. registration with general medical council and license to practice or equivalent professional body
  4. valid and current disclosure barring service check;
  5. evidence of medical indemnity insurance;
  6. information commissions office registration;
  7. evidence of recent appraisal in connection with current position;
  8. reference letter from NHS or private hospital; and
  9. Bank account details (once accepted for payment of fees),

The Client reserves the right to request further information from the Consultant at its discretion. The Client reserves the right to decline any application without further explanation to the Consultant.

2.1

  In order to register as a consultant, the Consultant shall submit an application using the application process through the Client’s App or by email at admin@countymedical.co.uk , and providing the following documents: .

  1. proof of ID;
  2. curriculum vitae;
  3. registration with general medical council and license to practice or equivalent professional body
  4. valid and current disclosure barring service check;
  5. evidence of medical indemnity insurance;
  6. information commissions office registration;
  7. evidence of recent appraisal in connection with current position;
  8. reference letter from NHS or private hospital; and
  9. Bank account details (once accepted for payment of fees),

The Client reserves the right to request further information from the Consultant at its discretion. The Client reserves the right to decline any application without further explanation to the Consultant.

2.2

  The Client shall consider the Consultants application. If the Client is satisfied it will email the Consultant accepting the application, at which point a contract come into force (Commencement Date) subject to these terms (Engagement).

2.3

  The Engagement shall commence on the Commencement Date and shall continue unless and until terminated:

  1. as provided by the terms; or
  2. by either party giving to the other not less than 4 weeks’ prior written notice.

2.4

  The Client shall engage the Consultant and the Consultant shall provide the Services on these terms.

3. Supply of Services

3.1

  The Consultant shall during the Engagement provide medical consultations to patients which may include but is not limited to the following:

  1. reviewing patient history and symptoms;
  2. consult with patients online;
  3. provide medical advise via chat facility or online video and audio facility;
  4. issue medical certificates and letters;
  5. issue investigation requests;
  6. issue online prescriptions; and
  7. arrange further appointments or support if required,

together (the Services).

3.2

  The Consultant shall meet any performance dates for the Services specified by the Client from time to time.

3.3

  In providing the Services, the Consultant shall:

  1. be responsible for their own secretarial and support staff;
  2. be responsible for all equipment, tools and other such items that may be required to provide the Services;
  3. be responsible for maintaining security and access to the App and ensuring there is no unauthorised access by secretarial/support staff;
  4. provide the Services remotely from their own premises;
  5. ensure that the Services are provided efficiently and in a timely fashion; and
  6. ensure that all information regarding the Services is up to date and correct.

4. Duties and obligations

4.1

  During the Engagement the Consultant shall:

  1. provide the Services, including the Deliverables, with the best care, skill and diligence in accordance with best practice in the Consultant’s industry, profession or trade; and
  2. promptly give to the Client all such information and reports as it may require in connection with matters relating to the provision of the Services, including the Deliverables, or the Client’s App.

4.2

  During the Engagement using the App the Consultant shall:

  1. be responsible for setting their own working hours; and
  2. agreeing the length and fees for consultations with the Client’s patients.

4.3

  During the Engagement the Consultant acknowledges and accepts that the following information may be displayed publicly on the Client’s App:

  1. name;
  2. practice address(es) and contact details;
  3. professional email address;
  4. specialism;
  5. picture;
  6. about me;
  7. scope of practice;
  8. qualifications;
  9. schedule of availability – length of session; and
  10. charges, (together the Consultant Profile Information)

and the Consultant undertakes to keep all the Consultant Profile Information correct and up to date.

4.4

  If the Consultant is unable to provide the Services due to illness or injury, they shall advise the Client of that fact as soon as reasonably practicable. For the avoidance of doubt, no fee shall be payable in accordance with clause 5 in respect of any period during which the Services are not provided.

4.5

  The Consultant shall use reasonable endeavours to ensure that they are available at all times on reasonable notice to provide such assistance or information as the Client may require.

4.6

  Unless they have been specifically authorised to do so by the Client in writing, the Consultant shall not:

  1. have any authority to incur any expenditure in the name of or for the account of the Client; or
  2. hold themselves out as having authority to bind the Client.

4.7

  The Consultant shall comply with all reasonable standards of safety and comply with the Client’s health and safety procedures from time to time in force where the Services are provided and report to the Client any unsafe working conditions or practices.

4.8

  The Consultant shall:

  1. comply with the Client’s Mandatory Policies;
  2. comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (Relevant Requirements);
  3. not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
  4. promptly report to the Client any request or demand for any undue financial or other advantage of any kind received by the Consultant in connection with the performance of these terms;
  5. comply with the Client requests to participate in quality assurance programmes including but not limited to responding to audits, complaints, patient feedback requirements and reporting critical incidents and/or concerns;
  6. follow all App governance and security requirements imposed by the Client from time to time;
  7. respond in good time and with the reasonable diligence as contact made by the Client’s management team from time to time;
  8. comply with all principles set out in the GMC’s practice guide;
  9. address any clinical concerns raised promptly and with the best care, skill and diligence;
  10. not to download or keep any video or audio recordings of any consultations provided in connection with the Services;
  11. observe all health and safety rules and regulations and any other security requirements that apply;
  12. annually certify to the Client in writing their compliance with this .8. The Consultant shall provide such supporting evidence of compliance as the Client may reasonably request;
  13. during the Engagement be registered with the Information Commissioners Office;
  14. maintain adequate security measures to protect patient confidentiality.
  15. not engage in any activity, practice or conduct which would constitute either:
    •  UK tax evasion facilitation offence under section 45(1) of the Criminal Finances Act 2017; or
    •  foreign tax evasion facilitation offence under section 46(1) of the Criminal Finances Act 2017; and
  16. promptly report to the Client any request or demand from a third party to facilitate the evasion of tax within the meaning of Part 3 of the Criminal Finances Act 2017 or any suspected tax evasion offences or facilitation of tax evasion offences, whether under UK law or under the law of any foreign country, in connection with the performance of these terms,

the failure to comply with this clause 4.8 may result in the immediate termination of these terms.

4.9

  The Consultant shall be permitted to appoint secretarial and support staff who may access the secretarial portal section of the Consultants account on the App. Where the Consultant permits access by any secretarial and/or support staff to the their account or the secretarial portal in their account the Consultant shall:

  1. maintain supervision over secretarial and support staff; and
  2. Indemnify the Client for any 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 professional costs and expenses) suffered or incurred by the Client arising out of, or in connection with any claim made against the Client by a patient and/or by a third party arising out of, or in connection with, any actions of the secretarial and/or support staff.

5. Fees

5.1

  The Client shall pay the Consultant the fees inclusive of VAT following the receipt of appropriate invoices from the Consultant, setting out:

  1. [PLEASE CONFIRM DETAILS YOU WILL EXPECT TO SEE ON THE INVOICE SUCH AS THE DATES, NUMBER OF PATIENTS SEEN AND THE FEE AGREED ETC.]

in each case giving details of the Services provided to the satisfaction of the Client in accordance with clause 3.

5.2

  The Consultant shall pay a fee being (15 ] percent (%) the gross monthly invoice issued by the Consultant to the Client in accordance with clause 5.1 (Administration Fee) payable by the Consultant to the Client for use of its App and collection of payments in connection with the Service Provided by the Consultant.  Where the consultant has used the app to see a insured patient and hence no fee was charged at point of use- we will bill the consultant £ 5 for each such call) – NB medical consultation fee do not attract VAT but the services we provide to doctor do. In future we may change or tweak this model

5.3

  The fees set out in this clause 1 shall only be payable to the Consultant following receipt of payment from the patient by the Client and shall be subject to deduction of the Administration Fee set out in clause 5.2. The Consultant shall submit invoices monthly, in arrears, of providing the Service to the satisfaction of the Client.

5.4

  In consideration of the provision of the Services during the Engagement, the Client shall pay each invoice submitted by the Consultant in accordance with clause 1 within 30 Business Days of receipt.

5.5

  The Client shall be entitled to deduct from the fees (and any other sums) due to the Consultant any sums that the Consultant may owe to the Client at any time.

5.6

  Payment in full or in part of the fees claimed under clause 5 shall be without prejudice to any claims or rights of the Client against the Consultant in respect of the provision of the Services.

6. Expenses

The Consultant shall bear their own expenses incurred during the Engagement.

7. Other activities

Nothing in these terms shall prevent the Consultant from being engaged, concerned or having any financial interest in any capacity in any other business, trade, profession or occupation during the Engagement provided that such activity does not cause a breach of any of the Consultant’s obligations under these terms.

8. Confidential information

8.1

  The Consultant acknowledges that during the Engagement they will have access to Confidential Information. The Consultant has therefore agreed to accept the restrictions in this clause 8.

8.2

  The Consultant shall not (except in the proper course of their duties), either during the Engagement or at any time after the Termination Date, use or disclose to any third party (and shall use their best endeavours to prevent the publication or disclosure of) any Confidential Information. This restriction does not apply to:

  1. any use or disclosure authorised by the Client or required by law; or
  2. any information which is already in, or comes into, the public domain otherwise than through the Consultant’s unauthorised disclosure.

8.3

  At any stage during the Engagement, the Consultant will promptly on request return all and any Client Property in their possession to the Client.

9. Data protection

9.1  Shared Personal Data.

  This clause sets out the framework for the sharing of personal data between the parties as controllers. Each party acknowledges that one party (referred to in this clause as the Data Discloser) will regularly disclose to the other party Shared Personal Data collected by the Data Discloser for the Agreed Purposes.

9.2  Effect of non-compliance with Data Protection Legislation

  Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect.

9.3  Particular obligations relating to data sharing.

  Each party shall:

  1. ensure that it has all necessary notices and consents and lawful bases in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
  2. give full information to any data subject whose personal data may be processed under this agreement of the nature of such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
  3. process the Shared Personal Data only for the Agreed Purposes;
  4. not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
  5. ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
  6. ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Client, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
  7. not transfer any personal data received from the Data Discloser outside the UK unless the transferor ensures that (i) the transfer is to a country approved under the applicable Data Protection Legislation as providing adequate protection; or (ii) there are appropriate safeguards or binding corporate rules in place pursuant to the applicable Data Protection Legislation; or (iii) the transferor otherwise complies with its obligations under the applicable Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; or (iv) one of the derogations for specific situations in the applicable Data Protection Legislation applies to the transfer.

9.4  Consultant assistance.

  The Consultant shall assist the Client in complying with all applicable requirements of the Data Protection Legislation. In particular, the Consultant shall:

  1. consult with the Client about any notices given to data subjects in relation to the Shared Personal Data;
  2. promptly inform the Client about the receipt of any data subject rights request;
  3. provide the Client with reasonable assistance in complying with any data subject rights request;
  4. not disclose, release, amend, delete or block any Shared Personal Data in response to a data subject rights request without first consulting the Client wherever possible;
  5. assist the Client, at the cost of the Consultant, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with the Information Commissioner or other regulators;
  6. notify the Client without undue delay on becoming aware of any breach of the Data Protection Legislation;
  7. at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this agreement unless required by law to store the Shared Personal Data;
  8. use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
  9. maintain complete and accurate records and information to demonstrate its compliance with this clause 9 and allow for audits by the Client or the Client’s designated auditor; and
  10. provide the Client with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the parties’ compliance with the Data Protection Legislation.
  11.  

9.5  Indemnity.

  The Consultant shall indemnify the Client 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 professional costs and expenses) suffered or incurred by the Client arising out of or in connection with the breach of the Data Protection Legislation by the Consultant, its employees or agents, provided that the Client gives to the Consultant prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.

9.6

  The Client will collect and process information relating to the Consultant in accordance with the privacy notice which is available on request.

10. Intellectual property

10.1

  All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any Client Property) shall be owned by the Consultant.

10.2

  The Consultant grants to the Client, or shall procure the direct grant to the Client of, a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable licence to copy and modify the Deliverables (excluding Client Property) for the purpose of receiving and using the Services and the Deliverables.

10.3

  The Client grants the Consultant a fully paid-up, exclusive, royalty-free non-transferable licence to copy any materials provided by the Client to the Consultant for the term of the Engagement for the purpose of providing the Services to the Client.

10.4

  All Client Property is the exclusive property of the Client.