TERMS OF SERVICE
This agreement applies as between you, the User of the Services and Rsolved Physio Ltd, Nick Charlish of International House, 12 Constance Street, London, England, E16 2DQ (hereinafter “Rsolved”, “we”, “us” or “our”), the service provider. Your agreement to comply with and be bound by these terms of service is deemed to occur upon your first use of the services.
If you do not agree to be bound by these terms of service, you should not use our services. Before you agree that we will provide Services to you and/or carry out an Initial Assessment, please read the terms of service. If you have questions, please ask before entering into a Service Agreement with us.
1. Business relationship
The business relationship arises on the basis of a mutually signed Service Agreement, both by the service provider (Rsolved) and the client / patient, who has simultaneously read and accepted these Terms of Service. I.e., a contractual relationship arises between the client / patient and the service provider (Rsolved).
2. Fees/price list
For our services, we exclusively charge fees to clients/patients on the basis of our fee schedule available on our website www.rsolvedphysio.co.uk. The currently published fee schedule always applies.
3. Payment
3.1. The customer/patient undertakes to transfer the amount agreed in the Service Agreement to the account/bank named in the invoice within 14 days, without deduction, after receipt of the invoice.
3.2. Should the invoice amount not have been booked to the account of Rsolved within 14 days, Rsolved, shall be entitled to charge default interest of 5% above the valid base interest rate.
4. Cancellation of appointments
4.1. Agreed appointments must be kept. If an appointment cannot be kept, it must be cancelled at least 24 hours in advance.
4.2. An appointment is deemed to have been cancelled if it has been discussed with the treating therapist by e-mail or by telephone.
4.3. The client / patient is responsible for cancelling appointments within the above stated timeframe. Otherwise, we may charge the client / patient for the unattended appointment.
5. Delays
Should you be late, your treatment time will be shortened accordingly. Delays of more than 15 minutes are considered cancelled appointments and will be invoiced separately.
6. Right of withdrawal (customer / patient)
Should the customer / patient not be satisfied with the services of Rsolved, during the provision of services, he/she may withdraw from the Service Agreement, but in the course of this he/she is not entitled to negotiate the services already provided in his/her invoice. This means that the services already rendered are to be paid in full. Withdrawal from the Service Agreement shall be made exclusively in writing to Rsolved and must be received at least 48 hours before the next appointment.
7. Right of withdrawal (Rsolved)
Rsolved, is entitled to withdraw from the Service Agreement if the customer / patient behaves contrary to these Terms of Service. Thus, the services already rendered are to be paid immediately after receipt of the invoice.
8. Provision of services
8.1. Rsolved undertakes to meet the agreed deadlines with reasonable deviations skill and care to prevailing standards in the UK.
8.2. We will normally provide you with the Services only after an Initial Assessment has been carried out. If there is a significant period between an Initial Assessment and us providing the Services, we may ask you to confirm in writing that the Initial Assessment remains accurate or ask you to undergo another Initial Assessment.
8.3. Please note that after an Initial Assessment has been carried out, we may decide that we cannot provide any Services if, for example, treatment for the condition may not be suitable or appropriate.
8.4. It is not possible that any particular result or outcome can be guaranteed as a result of us providing the Services. Our aim is to provide the Services using reasonable care and skill. Some patient's conditions may take longer than others to treat and we will regularly reassess the treatment plan.
8.5. We shall treat all personal and business information supplied by you as confidential. We shall not disclose such information to any third party without your prior permission, except where required by law or where action might be necessary to protect you or someone else.
8.6. Aggressive and/or abusive behaviour will not be tolerated.
9. Patient Consents
9.1. In each case the patient will be fully informed of the treatment options and the treatment proposed.
9.2. Rsolved undertakes to obtain written consent for the treatment to be carried out and a completed consent form will be filed in the patient’s record.
10. Liability
10.1. Our liability to compensate the customer / patient for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount (and not exceeding the amount the customer / patient pays in total for the Services), having regard to such factors as whether the damage was due to a negligent act or omission by Rsolved.
10.2. Nothing in these conditions will limit our liability for death or personal injury caused by our negligence or the negligence or our employees, agents or subcontractors or fraud and fraudulent misrepresentation.
10.3. We shall not be liable to you, the customer / patient, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, or for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Services. Except as set out in these conditions, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract. This clause will survive the termination of the contract.
10.4. Every effort has been made to ensure that these terms of service adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms of service and shall not affect the validity and enforceability of the remaining terms of service. This term shall apply only within jurisdictions where a particular term is illegal.
11. Indemnity
You agree that you will indemnify us against any and all loss or damage suffered, including any legal fees or costs, as a result of any breach of this agreement by you.
12. Acknowledgement
12.1. Statements made by the owner or employees of Rsolved, are always based on the respective state of knowledge. As there are different doctrinal opinions on some topics, we cannot guarantee in every respect that we have made the most up-to-date (or currently recognised as the best) statement (or applied therapy).
12.2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
13. Privacy
13.1. For the purposes of applicable data protection legislation, Rsolved will process any personal data you have provided to us in accordance with our Privacy Policy available on the Rsolved website or on request from Rsolved.
13.2. You agree that, if you have provided Rsolved with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Rsolved and (b) that you have brought to the attention of any such third party the Privacy Policy available on the Rsolved’s website or otherwise provided a copy of it to the third party. You agree to indemnify Rsolved in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
14. Severance
To the extent that any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision notwithstanding, the remaining provisions of this Agreement shall remain in full force and effect and such invalid or unenforceable provision shall be deleted.
15. Law and Jurisdiction
These terms of service and the relationship between you and Rsolved shall be governed by and construed in accordance with the Law of England and Wales and Rsolved and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.