Client Terms & Conditions
These terms and conditions govern your use of our services; by engaging our services you accept these terms and conditions in full. You, your company, instructing solicitors or are any third party you are acting on behalf of (“the Client”) have asked PSYCHIATRY Direct (“PD”) to provide details of a registered Psychiatrist (“Psychiatrist”) who has advised PD of experience in the field of the Client’s desired assessment or therapy. PD can accept the Client’s request for this information only on the following terms:
1. PD cannot accept any variation or modification of these terms.
2. The results of our research for a Psychiatrist is based solely on the initial screening conversation held between the Client and PD’s representative and any other data the Client supplies. If there is any material misrepresentation or lack of candour on the Client’s part in the screening interview, this will impair the efficiency of the research process and PD can accept no responsibility whatsoever for any resulting inconvenience, expense or deficiencies in treatment.
3. Please bear in mind that PD cannot always offer assessment or treatment for every condition which may arise.
4. PD will not provide Psychiatrist details to clients under the age of 18 years.
5. Sometimes psychological issues are attributable to medical symptoms. The Client should see their GP about any symptoms they may have, so that these are not falsely attributed.
6. Your Psychiatrist is solely responsible for assessment and treatment. All PD Psychiatrists are registered with the General Medical Council (GMC).
7. All our Psychiatrists are subject to the Code of Ethics and Conduct of the GMC. Complaints and enquiries with regard to assessments, reports, treatment, conduct and ethical issues should be addressed to PD in the first instance.
8. The terms of treatment and other issues will be the subject of a separate contract between the Client and the Client’s Psychiatrist. PD will be responsible for the Client’s case management, but will not be responsible for any breach of the Client’s agreement with the Client’s Psychiatrist, who is governed by the GMC’s code of conduct.
9. All instructions shall be provided in writing by the Client. The Psychiatrist’s acceptance of such instructions (including any variation or further refinement of instructions dealt with in any intervening discussions) shall stand as the instructions unless and until subsequent changes are proposed in writing by the Client.
10. The Client undertakes not to unilaterally alter or permit the alteration of any report prepared by the Psychiatrist.
11. The fee quoted is subject to receipt of the case documentation and formal instruction letter. PD reserve the right to change the fee if, upon receipt of these, PD consider the case to require more time than initially thought. Any variation of the fee will be agreed by PD with the Client prior to any additional work being undertaken.
12. PD will not accept cases on a “no win, no fee” basis.
13. Where there is more than one Client, the parties and their client’s shall be jointly and severally responsible for payment of fees.
14 . In privately funded cases, the Client must at all times be in funds to discharge fees and disbursements and, whether or not in funds, shall promptly discharge invoiced fees and disbursements. PD require 100% of the fee (inc. VAT) to be paid at the point of instruction and prior to the commencement of any work. In the event that instructions are received from a solicitor on behalf of their client, and their client is paying fees privately, the solicitor shall be jointly and severally responsible for payment of the fees.
15. With the exception of cases covered by clause 14. above, PD requires the full fee to be paid within 30 days of the invoice date. Payment can be made by bank transfer or by cheque. Any additional charges will be agreed between the Client and PD in advance.
16. For payments via the Legal Aid Agency (LAA) PD require that Payment on Account (POA) or Interim Claim is sought for expert witness costs so as to avoid delays in payment of the fee.
17. If payment is not received by the due date PD retains the right to charge “statutory interest” at the rate of 8% plus the prevailing Bank of England base rate.
18. PD requires the Client to give a minimum of 3 working days’ notice (72 hours) prior to the date of the session to cancel an appointment. If notice of cancellation is received less than 3 working days prior to the session date PD reserve the right to charge the Client the full fee for the session.
19. If the Client needs emergency help at any time the Client should phone the emergency services on 999. Neither PD nor the Client’s Psychiatrist can receive emergency or random calls.
20. PD and any Psychiatrist to whom the Client’s enquiry will be referred, will treat all information the Client provides in the strictest confidence (although PD is not responsible for any breach of confidentiality on the part of your Psychiatrist). Please however note that PD and its Psychiatrists may need to breach confidentiality in certain circumstances under which there appears sufficient evidence to raise serious concern about: (a) the safety of clients; (b) the safety of other persons who may be endangered by the client’s behaviour; (c) the health, welfare or safety of children or vulnerable adults. In these circumstances other professionals will be consulted in accordance with the GMC’s Code of Ethics and Conduct. If the Client makes any threats against 3rd parties which are relayed to the Client’s Psychiatrist, he or she is obliged to advise the appropriate authorities.
21. Data Protection and Privacy
21.1 We shall take reasonable steps to protect the information collected from the Client and use such information only for the purpose for which it was provided. Please note that by contacting PD the Client consents to the use of that information as set out in this Agreement.
21.2 For the purpose stated in Clause 21.1, the information may be stored and processed. We declare that in accordance with clause 20, all such information will be treated confidentially. On request by the Client, by a Court of law or any other body entitled thereto by law, we will supply information on the Client’s stored data and correct, delete or prevent the further use of the data held.
21.3 The parties to this Agreement undertake to one another, where applicable:
21.3.1 to comply at all times with the Data Protection Acts;
21.3.2 to obtain and/or maintain all necessary registrations and/or notifications required by the Data Protection Acts; and
21.3.3 not to do or permit anything to be done which may cause the other to be in breach of the Data Protection Acts including, without limitation, the improper collection, use, disclosure or loss of data held on any computer or other equipment or held by way of manual or other non-computerised systems and any kind of improper use, disclosure or abuse of computer passwords.
21.4 We are committed to protecting the Client’s privacy but we cannot guarantee the security of information disclosed by the Client online since the internet is not a secure medium, and the Client must assume the entire risk for using the internet. Please therefore be careful and responsible when maintaining the secrecy of any password and/or account information online.
21.5 In the event that PD is sold or integrated into another business, the Client’s details may be disclosed to our prospective purchaser’s advisers and subsequently to the new owners only for the purposes of maintaining the supply of Services.
22.1 Subject to clauses 21.1 and 21.2, the parties agree to keep confidential any and all information concerning each other whether disclosed in writing, verbally or in relation to the matters provided for in these Conditions (“the Information”). The parties further agree in particular not to disclose all or any part of that Information to any third party (except the Psychiatrist or as may be required by mandatory rule of law or order of court of competent jurisdiction or as required for performance of their obligations under these Conditions).
22.1.1 The parties agree that upon confirmation of an instruction or appointment with the Psychiatrist, PD are authorised to release the information to the Psychiatrist.
22.2 In the event that we consider that there is a threat to the Client or a third party’s safety during the provision of the Services, we reserve the right to contact the Client’s GP and disclose such Information to the GP as we deem necessary in order to protect the Client or a third party’s safety.
22.3 For the purposes of this clause the parties each agree that the Information shall not include:
22.3.1 information which is or becomes available in the public domain (on the Web site or otherwise);
22.3.2 information which the recipient can establish was at its free disposal prior to its receipt under or in connection with this Agreement; or
22.3.3 information at any time received from the recipient from third party not apparently bound (after enquiry) by any obligation of confidence.
23. English Law shall apply to the construction interpretation and implementation of this Agreement.
We may revise these terms and conditions from time-to-time without any prior notification.