Terms & Conditions for Clients (UK)

Client Terms & Conditions - The Company

Created by; Aoife McPadden

Date revised: 06/12/2022

Table of Contents

1. Introduction - The Company Terms and Conditions
1.1 What is The Company?
1.1.1 Deviations from these Terms
1.2 Terms
1.2.1 Definitions
1.2.2 Supply of the Service
1.2.3 Deviations from these terms and conditions
2. Liability and Obligations of Pharmacies and Locums
2.1 Payment
2.2 Pharmacy Premises
2.3 Loss or Damage to Property
2.4 Compliance Liability
2.4.1 Indemnity Insurance
2.4.2 Fit to Practise
2.5 Conduct While on Placement in Pharmacies
2.5.1 Display of GPhC
2.5.2 Punctuality
2.6 Amendments to Bookings
2.6.1 Location Change
2.6.2 Amendment of Hours
2.6.3 Cancellations
2.7 Exclusivity
3. Compliance and Onboarding
3.1 Onboarding
3.2 Documents for Compliance
3.2.1 England
3.2.2 Scotland
3.2.3 Northern Ireland
3.2.4 Non-Uk or Irish Locums
3.3 Regular Compliance Updates
3.1 Requesting Compliance Documents
3.1.2 Failure to Comply
4. Termination of Contract - Locums and Pharmacies
4.1 Termination of Agreement
4.2 Termination
4.2.1. Client Termination

Introduction - The Company Terms and Conditions

This document establishes the policies and procedures for placement of locums within the UK by EAK Systems LTD trading as The Company.

1.1 What is The Company?

The Company operates as an Employment Agency. These terms and conditions constitute a contract between The Company and its partners - locums and pharmacies and are deemed to be accepted when a booking between locum and pharmacy has taken place. Before registering with us you must agree to accept all the conditions of these Terms. Any person who does not agree to these terms, or who ceases to agree to the conditions of these terms must not use our Services.

1.1.1 Deviations from these Terms

These terms will apply unless another superseding agreement has been agreed upon and signed by both sides.

1.2 Terms

1.2.1 Definitions

In these terms:-

The Company - EAK Systems LTD trading as Clarity Locums

On Shift - means the period during which the Locum is supplied to the Client.

Locum - Means a self-employed Individual who is introduced by The Company to a client to render his/her services.

Employment Business /Agency - means The Company

The Client - means the person, firm or company together with any Holding Company, Subsidiary or Associated Company who purchases the Services from the Employment Business / Agency.

The Contract Date - means the date of the Assignment.

The Confirmation Email - the email from The Company to The Client, setting out the basic terms of the Assignment.

Engagement - means any appointment, employment or use of the Locum directly by The Client or any third party or through any other employment business/agency on a permanent or temporary basis, whether under a contract of service or for services; an agency, licence, franchise or partnership arrangement; or any other engagement; directly or through a limited company of which the Locum is an officer or employee.

Introduction - means (i) the Pharmacy’s interview of a Locum in person or by telephone, following the Client's instruction to the Employment Business / Agency to supply a Locum; or (ii) The passing to The Client curriculum vitae (CV) or information of a Locum, which identifies the Locum; and which would facilitate to an Engagement of that Locum.

Remuneration - includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings; allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Locum for services rendered to or on behalf of the Client or any third party.

Services - means any services agreed in the Contract to be supplied to The Client by the Employment Business / Agency (including any part or parts of them).

GPhC - means General Pharmaceutical Council

1.2.2 Supply of the Service

In consideration for the Locum agreeing to be introduced to Pharmacies as advised by The Company, The Company shall provide the Service to the Locum subject to these Terms. Any changes or additions to the Service or these Terms must be agreed in writing by The Company and the Locum. The Company will not charge Locum for this service.

The Service shall be provided in accordance with the terms and conditions contained on The Company's current Website and/or other published literature relating to the Service that is available from time to time, subject to these Terms. Where a conflict arises, these Terms shall take precedence.

Further details about the Service, and advice or recommendations about its provision or utilisation, which are not given on the Company website or other promotional literature, may be made available on written request.
Nothing in this Agreement obliges The Company to introduce the Locum to a Pharmacy and any such introduction is entirely at The Company’s discretion.

1.2.3 Deviations from these terms and conditions

Unless otherwise agreed in writing by the director of The Company, these terms contain the entire agreement between the parties and shall prevail over any terms of business conditions put forward by the client. No variation or alteration to these terms shall be valid unless the details of such variation are agreed between The Company.

2. Liability and Obligations of Pharmacies and Locums

2.1 Payment

The Client accepts that the contract of employment or engagement between the Pharmacist and The Client is their entire responsibility and the liability for paying or providing the Locum’s remuneration is solely that of the Pharmacy.

2.2 Pharmacy Premises

he Company accepts no responsibility for and makes no warranty or assurance that the premises in which the Pharmacist will work complies with the standard laid down in the GPhC’s Medical Ethics and Practice Guide nor with any relevant statutory guidelines. The Company accepts no liability for any loss resulting from non-compliance with this provision.

2.3 Loss or Damage to property

The Company accepts no liability for any loss or damage, whether to property, loss of profits or for any injury caused to any person, resulting from the acts or omissions of The Client whether these acts or omissions were fraudulent, negligent or through any other cause.

2.4 Compliance Liability

2.4.1 Indemnity Insurance

It is the responsibility of the locum to maintain full professional indemnity insurance coverage with an insurance company of good repute. The Company accepts no liability to the Locum for any loss resulting from non-compliance with this provision.

2.4.2 Fit to Practise

The Locum shall ensure that they are fully and effectively registered and legally authorised to provide all pharmaceutical services in the United Kingdom and that they maintain their appropriate qualifications and membership of all and any necessary statutory or professional bodies.

2.5 Conduct While on Placement in Pharmacies

2.5.1 Display of GPhC

The Locum shall at all times when undertaking work for a Pharmacy display their GPhC Registration Certificate and when appropriate their Responsible Pharmacist notice. The Locum shall at all times be punctual and act at all times in a professional and appropriate manner.

2.5.2 Punctuality

Once the Locum has agreed to a placement with a Pharmacy it is that locum’s responsibility to attend at the agreed date and time. There is no obligation for a locum to accept any vacancy offered by The Company but upon acceptance of a vacancy by the locum and confirmation by The Client a binding contract exists unless agreement to cancel the booking is given by The Client or locum.

2.6 Amendments to Bookings

2.6.1 Location Change

A locum may be required to attend an alternative pharmacy in advance or on short notice in order to facilitate requests for a pharmacy, provided the request is reasonable.

2.6.2 Amendment of Hours

The Company reserves the right to make amendments to shift hours when requested by the pharmacy. The locum will be notified of any and all amendments before the shift is due to commence and it is expected that the locum will keep the booking with the amendments made.

2.6.3 Cancellations

Pharmacies and locums reserve the right to cancel a booking. Both parties are expected to give due notice for any cancellation. This notice is to be given to The Company in writing via email.

When a pharmacy cancels on short notice, it is expected that The Client will provide a suitable alternative for the locum. A suitable alternative is considered to be a shift with similar hours and in a relative location that is reachable by the locum.

When a locum cancels on short notice it is expected that the locum will source another locum who is registered with The Company and The Client to work the shift. The agency shall not be liable for any loss, material or otherwise, resulting from a locum cancellation. 

2.7 Exclusivity

The Client accepts that any booking having been accepted by a locum through The Company implies exclusivity and any future booking with that pharmacy will be made via The Company. In the event that The Client approaches the Locum directly with an offer of work, the Locum will notify The Company who will be entitled to charge their standard commission for such a booking.

3. Compliance and Onboarding

3.1 Onboarding

When a locum signs up and is onboarded to The Company they will be required to submit the relevant compliance documents for the country they will work in. A locum must not apply or book any shift until they have met these requirements fully.

3.2 Documents for Compliance

The documents for compliance to be provided by the locum are as follows;

3.2.1 England

Passport
DBS - Enhanced Certificate (subscribed to the update service)
Indemnity Insurance (in date)
SMART CARD
Certificates Required;
DMS - Certificate or self-declaration *England Only
Summary care records CPPE Assessment *England Only
SCR Access Proof Declaration *England Only
CPCS - Certificate or self-declaration *England Only
Additionally, if you work in Wales: proof of NADEX Choose Pharmacy login

3.2.2 Scotland

Passport

Indemnity Insurance (in date)

PVG - Scheme Record (through The Company)

PVG Scheme Record Update (through The Company)

First Pharmacy Certificate from TURAS

Medicine Care & Review Certificate from TURAS

Proof of Access to the Pharmacy Care Records

3.2.3 Northern Ireland

Passport
Driver's License or Birth certificate
Indemnity Insurance (in date)
Access NI

3.2.4 Non-Uk or Irish Locums

Right to work share code - https://www.gov.uk/prove-right-to-work on visa card
Passport

3.3 Regular Compliance Updates

3.3.1 Requesting Compliance Documents

The Company reserves the right to regularly request updated compliance documents from locums in line with the compliance needs of pharmacies and The Company. A locum is obligated to provide The Company with such documents, provided they pertain to the work undertaken and are requested in a legal and secure manner, for example by secure internet email communication.

3.3.2 Failure to Comply

Failure to comply with these requests will result in the revocation of a locum's ability to book shifts with relevant pharmacies and an eventual deletion of the account.

4. Termination of Contract - Locums and Pharmacies

4.1 Termination of Agreement

Pharmacies; The Agreement for the provision of the Services to Clients shall commence on the Commencement Date and, unless terminated earlier in accordance with this clause, the Agreement shall continue for a fixed term as set out in the Proposal (Initial Term) and shall automatically extend for a further period equal to the duration of the Initial Term (Extended Term) at the end of the Initial Term and at the end of each Extended Term.

The Client may give written notice to us, not later than 30 days before the end of the Initial Term or the relevant Extended Term, to terminate this agreement at the end of the Initial Term or the relevant Extended Term, as the case may be.

4.2 Termination

4.2.1. Client Termination

Without prejudice to any rights that have accrued under the Agreement or any of its rights or remedies, either us or a Client may at any time terminate the Agreement with immediate effect by giving written notice to the other party if:

• the other party fails to pay any amount due under the Agreement on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment;
• the other party commits a material breach of any term of these Terms or a persistent breach (being three (3) non-material breaches in any 3 consecutive months) and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
• the other party repeatedly breaches any of the terms of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these Terms and the Agreement;
• the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 103 of the Insolvency (Northern Ireland) Order 1989;
• the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
• a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
• an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party;
• the holder of a qualifying floating charge over the assets of that other party has become entitled to appoint or has appointed an administrative receiver;
• a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
• a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
• the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.