Terms and Conditions - Practices

Agreement Between Locum and Client for Dental Locum Services

Introduction

(A) Precision Placements Dental Staff LTD ("PPDS") facilitates the provision of locum dental services ("Locum Services") between dental professionals ("Locums") and clients ("Clients") under the terms set out in this agreement.

(B) These Terms and Conditions establish the governing framework for all engagements arranged through PPDS, including any agreements made via our digital platform or other systems.

(C) While payments for Locum Services may be processed through third parties for administrative ease, ultimate responsibility for payment rests solely with the Client, as per the agreement between Client and Locum.

1. Definitions and Interpretation

1.1 In this agreement, the following terms have the meanings indicated unless otherwise stated:

  • "Application Documents": All forms, certificates, or evidence supplied by the Locum demonstrating qualifications, tax status, training, and suitability to provide the agreed services.
  • "Attendance Records": The tool or system (including online platforms) used to record hours worked by the Locum during the engagement.
  • "AWR": Refers to the Agency Workers Regulations 2010.
  • "Business Day": Any day excluding Saturdays, Sundays, or UK bank holidays when banks operate in London.
  • "Client": The individual or organisation engaging the Locum's services.
  • "Data Protection Laws": Laws applicable to personal data processing including GDPR (EU Regulation 2016/679), UK Data Protection Act 2018, and other related regulations.
  • "DP Authority": Any regulatory body enforcing Data Protection Laws.
  • "Engagement": An individual agreement for Locum Services between the Client and Locum as specified in the engagement details.
  • "Engagement Details": Specifics relating to the work assignment such as dates, times, location, fee rates, and health and safety information.
  • "Fee Rate": The agreed payment rate for the Locum Services, inclusive of any applicable short-notice cancellation fees.
  • "Force Majeure": Circumstances beyond the reasonable control of a party which prevent or delay performance of contractual obligations.
  • "Good Practice": The expected professional standard and diligence applicable to dental locum services.
  • "Locum": The registered dental professional contracted to provide the Locum Services.
  • "Locum Services": The dental services provided by the Locum during the Engagement as outlined in the Engagement Details.
  • "Loss": Any form of liability, claim, damage, cost, expense, or penalty incurred by a party.
  • "Platform": The online or software system used to facilitate the connection and management of engagements.
  • "Short Notice Cancellation Fee": Fee payable by the Client if an Engagement is cancelled within the specified short notice period, as set out in these Terms.
  • "Systems": IT, telecommunications, and security systems used in connection with the Engagement.
  • "Vacancy": The details of a potential assignment offered by the Client.

1.2 Capitalised terms not otherwise defined carry meanings from the Platform’s terminology.

1.3 References to legislation include any amendments or replacements in force from time to time.

1.4 Words implying one gender or number shall include all genders and plural/singular forms as appropriate.

1.5 In the event of inconsistency between these Terms and Engagement Details, the Engagement Details take precedence.

2. Obligations of the Locum

2.1 The Locum agrees to:

(a) Provide all services with professional skill, care, and diligence in line with Good Practice throughout the engagement;

(b) Comply with health, safety, and security protocols relevant to the Client’s premises and report any hazards or unsafe conditions;

(c) Follow Client policies and procedures except those exclusive to Client employees;

(d) Act in the Client’s best interests and avoid conduct detrimental to the Client’s reputation;

(e) Inform the Client promptly of any periods of unavailability or inability to perform services;

(f) Provide valid documentation such as qualifications, certifications, or licenses required by law or the Client;

(g) Indemnify the Client against any losses resulting from the Locum’s negligent or wrongful actions.

3. Client Responsibilities

3.1 The Client shall:

(a) Conduct risk assessments and notify the Locum of any risks or hazards prior to the Engagement;

(b) Ensure Locums are not required to perform unsafe work without prior assessment and notification;

(c) Communicate applicable site rules, policies, and access credentials before the engagement starts;

(d) Provide necessary, safe, and compliant equipment, machinery, protective clothing, and a locum pack during induction;

(e) Where applicable, verify and approve the Locum’s recorded hours and performance via the Attendance Records;

(f) Act on any reported health or safety issues promptly;

(g) Provide appropriate support, training, and site familiarisation at the start of the engagement.

4. Payment Terms and Cancellation Fees

4.1 The Locum will submit invoices directly or via the PPDS platform based on hours worked as recorded in Attendance Records. The Client agrees to pay these invoices by the dates specified in the Engagement Details, contingent on satisfactory service delivery.

4.2 Any disputes regarding recorded hours must be raised immediately by the Locum to Precision Placements Dental Staff LTD via email.

4.3 Reasonable expenses may be reimbursed if pre-agreed in Engagement Details and accompanied by valid receipts, submitted within an agreed timeframe.

4.4 Currently, Locum Services are not subject to VAT. Should VAT regulations change, VAT will be added at the prevailing rate upon presentation of valid VAT documentation.

4.5 For late cancellations, the Client may incur fees as follows:

  • Cancellation within 18 hours of the engagement start: fee equivalent to the first 8 hours at the agreed Fee Rate.
  • No cancellation fees apply for cancellations made more than 18 hours in advance.

5. Status of the Locum

5.1 The Locum is an independent contractor and not an employee or agent of the Client or PPDS. Accordingly:

(a) These Terms do not create exclusivity, and the Locum may accept other assignments;

(b) The Client is not obligated to retain the Locum beyond each individual engagement;

(c) The Locum is responsible for complying with all tax, national insurance, and legal obligations arising from payments received;

(d) The Locum confirms they have lawful right to work in the UK for the engagement duration;

(e) The Locum maintains all necessary professional indemnity, public liability, and medical indemnity insurance and will provide proof of such cover upon request;

(f) The Locum controls how the services are delivered within agreed objectives;

(g) The Locum warrants their services are supplied as independent professional consultancy and not subject to PAYE or AWR employment rules;

(h) The Locum will notify the Client immediately if any changes occur that may alter their status, and agrees to indemnify the Client against any resulting losses;

(i) The Locum indemnifies the Client against losses arising from any misclassification or failure to meet the terms of this clause.

6. Confidentiality

6.1 The Locum agrees to:

(a) Maintain strict confidentiality regarding all information related to the Client’s operations and business affairs ("Confidential Information") obtained through their engagement with Precision Placements Dental Staff LTD;

(b) Use such Confidential Information solely for the purpose of delivering the agreed Locum services;

(c) Not remove any documents or materials containing Confidential Information from the Client’s premises without explicit written consent from the Client; and

(d) Upon request, promptly return all physical or digital materials containing Confidential Information, whether in the Locum’s possession or control, to the Client or an authorized recipient designated by the Client.

7. Termination of Engagement

7.1 Each individual booking forms a separate agreement that ends upon completion of the specified term. However, either party may terminate the engagement early under the following conditions:

(a) The Client may end the engagement immediately if the Locum breaches any material term of this agreement, and the breach is either irreparable or, if repairable, the Locum fails to satisfactorily correct it within one Business Day after receiving notice;

(b) If the Locum demonstrates dishonesty, incompetence, negligence, is convicted of a serious criminal offence (excluding minor road traffic offences not involving imprisonment), declares bankruptcy, or enters insolvency procedures;

(c) The Client gains reasonable evidence indicating the Locum is unsuitable to provide services, including after making reasonable inquiries about suitability;

(d) The Locum fails to provide any information reasonably requested by the Client prior to the commencement of the Marketplace Engagement.

7.2 Termination or conclusion of any engagement does not affect the Client’s rights relating to any breaches or misconduct by the Locum prior to termination.

8. Representations by the Locum

8.1 The Locum guarantees that:

(a) All information provided during registration and application, including credentials and qualifications, is accurate and truthful;

(b) They possess all necessary experience, certifications, training, and legal or professional authorizations required to perform the duties expected by the Client;

(c) They have no criminal record or pending issues that would affect their eligibility to work or access Client premises and systems, and have confirmed their willingness to perform the specified role;

(d) They have disclosed all relevant disciplinary or performance matters accurately and fully.

9. Data Protection

9.1 Definitions such as "Personal Data," "Data Subject," and "Processing" shall be interpreted as per the Data Protection Act (DPA) and General Data Protection Regulation (GDPR) as applicable.

9.2 Both parties will adhere strictly to all applicable data protection legislation when handling personal data in connection with this agreement, which primarily concerns:

  • Data Subjects: Clients’ patients
  • Personal Data: Patient information including sensitive health data
  • Purpose: Delivery of direct patient care
  • Duration: Throughout the Marketplace Engagement period

9.3 Each party shall keep accurate records of all data processing activities and provide such records upon request to any regulatory authority.

9.4 When processing personal data on behalf of the Client, the Locum will:

(a) Process data only as instructed by the Client, unless legally required otherwise (in which case the Client will be notified beforehand unless prohibited);

(b) Use personal data solely for purposes defined in this agreement;

(c) Ensure that all personnel with data access are trustworthy and bound by confidentiality;

(d) Implement robust security measures to protect personal data from accidental loss or unauthorized access;

(e) Not transfer or process personal data outside the UK or EEA without the Client’s prior written approval;

(f) Inform the Client immediately (within 24 hours) of any data breach, loss, or damage;

(g) Obtain Client approval before outsourcing any data processing to third parties and remain responsible for their actions;

(h) Only disclose personal data when expressly authorized by the Client;

(i) Return or securely delete all personal data upon termination unless legally required to retain it, informing the Client accordingly;

(j) Provide all necessary assistance and information to the Client and relevant authorities to demonstrate compliance with data protection laws;

(k) Support the Client in responding to data subject requests;

(l) Notify the Client promptly of any data subject requests and assist fully with such requests.

9.5 Should either party receive complaints or notices concerning data protection matters, they will notify the other party without delay and cooperate fully to resolve them.

10. General Provisions

10.1 These Terms, together with specific Marketplace Engagement details and any confidentiality agreements, form the complete and exclusive contract between the Client and the Locum, replacing all prior agreements. This does not limit liability for fraud.

10.2 The Locum confirms they have not relied on any representations outside those explicitly stated within the Marketplace Engagement details and Precision Placements Dental Staff LTD’s platform.

10.3 The Locum’s obligations under each engagement are personal and may not be delegated or subcontracted without prior written consent.

10.4 No modifications to any engagement are valid unless recorded through the official platform.

10.5 All communications related to engagements must be made through the platform or any alternative method formally notified.

10.6 These Terms are governed by English law, with exclusive jurisdiction given to the courts of England and Wales.

10.7 If any restriction in the agreement is deemed invalid but could be valid with adjustments, it shall be modified accordingly to maintain enforceability.

10.8 No part of this agreement confers enforceable rights on third parties, except as explicitly permitted.

Schedule 5

Compliance Checks

Information TypeHow It's ProvidedVerification by Precision Placements
Work ExperienceEntered by the Locum during account setupNot independently verified
Skills and CompetenciesEntered by the Locum during account setupNot independently verified
GDC RegistrationUploaded by the Locum during registrationChecked for expiry date at time of upload
Indemnity InsuranceUploaded by the Locum during registrationChecked for expiry date at time of upload and notified when document about to expire.
Hepatitis B ImmunisationUploaded by the Locum during registrationChecked for expiry date at time of upload and notified when document about to expire.
Enhanced DBS CertificateUploaded by the Locum during registrationChecked for expiry date at time of upload and notified when document about to expire.
CPR CertificationUploaded by the Locum during registrationChecked for expiry date at time of upload and notified when document about to expire.
Safeguarding (Level 2)Uploaded by the Locum during registrationChecked for expiry date at time of upload and notified when document about to expire.

Note: Except where explicitly agreed, Precision Placements Dental Staff LTD does not perform independent third-party validation of all information provided, and while information is collected in good faith, its absolute accuracy cannot be guaranteed.

Schedule 6

Terms for Use of the Precision Placements Dental Staff LTD's Web Platform

By accessing and using the Precision Placements Dental Staff website ("the Platform") and associated services, you agree to these terms and our Privacy and Cookie Policy, both subject to updates.

1. Account Registration

To use the services, both Clients and Locums must create a User Account via the Platform. Registration is only available to residents of the UK who provide accurate and up-to-date information.

Upon registration, you will receive a unique username and password, which must be kept confidential and used solely by you. You are responsible for all activity under your login credentials, and any security breaches should be reported immediately.

Users agree not to bypass or tamper with any security or operational mechanisms of the Platform and to use the services only as intended.

2. Use of the Precision Placements Dental Staff Platform

By using the Precision Placements Dental Staff platform, you accept full responsibility for any information, comments, or data you submit, whether through text fields or other means. Any disputes or claims resulting from this content rest solely with you, and you agree to indemnify Precision Placements Dental Staff against any losses or damages incurred, including those related to alleged defamatory content.

This platform is intended solely for dental professionals seeking locum assignments and clients looking to engage such professionals. If you have a separate agreement with Precision Placements Dental Staff, that agreement will prevail over these terms in case of any contradictions.

You agree to use the platform and its services lawfully and respectfully, without infringing on the rights of others or disrupting their experience on the platform.

You may print or download content from the Precision Placements Dental Staff site strictly for your personal, non-commercial use. Any reproduction, alteration, redistribution, or commercial use of platform content without explicit written consent from Precision Placements Dental Staff is prohibited.

When using our platform and services, you agree not to:

  • Use the platform or its content in any manner that is offensive, abusive, threatening, defamatory, obscene, or discriminatory.
  • Engage in or promote any unlawful activities.
  • Harass or intimidate other users.
  • Access or use another user’s account without authorization.
  • Provide false or misleading information during registration or use.
  • Post assignments that could jeopardize the health and safety of locum professionals.
  • Request sensitive personal information unlawfully, including data related to ethnicity, politics, religion, health, sexual orientation, criminal history, or age.
  • Attempt to create a new account after account termination by Precision Placements Dental Staff.
  • Interfere with or disrupt the operation of the platform.
  • Use automated systems or software to overload or collect data from the platform without permission.
  • Share commercial solicitations through our communication tools.
  • Distribute harmful or malicious software or links.

3. User-Generated Content

Any content, including messages, reviews, profiles, or other submissions you post or send via Precision Placements Dental Staff’s platform ("User Content") is your responsibility. You must ensure all information you provide is truthful, accurate, and your own honest opinion.

By submitting User Content, you grant Precision Placements Dental Staff a perpetual, worldwide, royalty-free license to use, modify, and publish this content through our services. We reserve the right to reject or remove any User Content that violates these terms, applicable laws, or community standards.

Precision Placements Dental Staff is not responsible for the accuracy or truthfulness of User Content, nor do we endorse any opinions expressed by users.

4. External Links

Our platform may include links to third-party websites or services. Precision Placements Dental Staff does not control or endorse these external sites and accepts no liability for their content or privacy practices.

5. Indemnification

You agree to protect, defend, and hold harmless Precision Placements Dental Staff, its affiliates, directors, employees, and agents against any claims, losses, damages, liabilities, or expenses (including legal fees) arising from your use of the platform or violation of these terms.

6. Account Termination and Platform Access

Precision Placements Dental Staff reserves the right to suspend or terminate your access, user account, and any posted content at any time, with or without prior notice, if we determine you are ineligible or in breach of these terms.

We may monitor platform activity to detect violations and maintain service integrity. If we discontinue the service in the UK, we will provide 30 days’ notice before closing accounts.

Once terminated for breach, you may not attempt to re-register under any identity.

7. Amendments to Terms

We may update these terms occasionally. The current version will always be available on our website.

  • Minor updates or additions that do not reduce your rights or increase your liabilities take effect immediately upon posting.
  • Changes that may affect your rights or liabilities will come into effect no less than 30 days after posting.

Please review the terms regularly.

8. Privacy Compliance

All personal data you provide will be handled in line with our Privacy and Cookie Policy.

9. General Provisions

If any part of these terms is found unenforceable by a court, the rest will remain valid.

These terms are exclusively enforceable by you and Precision Placements Dental Staff. No third party has rights under these terms.

This document represents the complete agreement between you and Precision Placements Dental Staff regarding platform use.

English law governs these terms, and disputes fall under the exclusive jurisdiction of English courts.

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