DBT London / Terms and Conditions
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- Interpretation
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 DBT London and the Client for the provision of Services in accordance with these Conditions.
Client: the person who purchases Services from DBT London.
Request for Treatment: the Client’s request to be treated by DBT London indicated by the Client’s written acceptance of these Conditions.
Services: the Treatment, supplied by DBT London through its nominated consultants or contracted workers to the Client as set out in the Client’s individual Treatment Plan.
Treatment Plan: the description of the Services agreed with the Client and set out in writing by DBT London.
- Basis Of Contract
A Request for assessment and/or Treatment constitutes an offer by the Client to engage DBT London to provide the Services in accordance with these Conditions.
2.2 The Request for Treatment shall only be deemed to be accepted when DBT London 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 DBT London which is not set out in the Contract.
2.4 Any samples, drawings, descriptive matter or advertising issued by DBT London, and any descriptions or illustrations contained in DBT London’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.
- Supply Of Services
3.1 DBT London 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 DBT London 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 United Kingdom Council for Psychotherapy, UKCP.
3.3 DBT London warrants that all consultants and therapists providing Services shall hold professional indemnity insurance to the value of £6 million and will be registered to practice with the United Kingdom Council for Psychotherapy or relevant professional body for the Services offered.
3.4 DBT London and its nominated consultants, therapists or contracted workers reserve the right to amend the Treatment Plan at any point during the provision of the Services.
- Charges & Payment
4.1 The Charges for the Services shall be calculated in accordance with DBT London’s standard consultation fee rates.
4.2 DBT London reserves the right to increase its standard fee rates, If such increase is not acceptable to the Client, it shall notify DBT London of this in writing and DBT London shall have the right without limiting its other rights or remedies to terminate the Contract.
4.3 The Client shall pay DBT London the Charges on the day of the consultation either in cash, by bank transfer, by paypal or by cheque made payable to “Jason Ward”
4.4 The full amount of the Charges shall be the responsibility of the Client, regardless of whether they are payable to DBT London by the Client’s insurer, The Client must therefore ensure that they have the requisite authority from their insurer to engage DBT London 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 on the DBT London website and will be payable by the Client to DBT London in advance. All outstanding Charges owed by the Client to DBT London 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 DBT London to the Client, the Client shall, on receipt of a valid VAT invoice from the DBT London, pay to DBT London 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 DBT London if the Client fails to make any payment due to DBT London under the Contract by the due date for payment within 28 days of service, DBT London 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 DBT London in order to justify withholding payment of any such amount in whole or in part. DBT London may, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by DBT London to the Client.
- Cancellation Policy
Should the Client wish to cancel a consultation, it must give DBT London 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 DBT London the full amount of the Charges.
- Confidentiality & Privacy
6.1 DBT London 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. DBT London 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 DBT London’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 DBT London. This clause 6 shall survive termination of the Contract.
6.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information. Our Privacy Policy is available here:
https://dbtlondon.com/privacy-policy/
or you may request us for a copy.
- Termination
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 DBT London 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.
- Consequences Of Termination
On termination of the Contract for any reason:
(a) the Client shall immediately pay to DBT London 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.
- General
9.1 Force majeure:
(a) For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of DBT London including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of DBT London 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 DBT London or its contracted workers.
(b) DBT London 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 DBT London from providing any of the Services for more than 8 weeks, DBT London shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Client.
9.2 Waiver:
(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.
9.3 Severance:
(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 DBT London.
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.