S L Psychology Ltd
Therapy Contract: Terms and Conditions
TABLE OF CONTENTS:
- Definitions
- Our contract with you
- Therapy arrangement
- Changes to bookings
- Providing services
- If there is a problem with the services
- Price and payment
- Concessions
- Our liability to you
- Events Outside Our Control
- Your rights to cancel and applicable refund
- Our rights to cancel and applicable refund
- Zero tolerance policy
- Information about us and how to contact us
- How we may use your personal information
- Other important terms
AGREED TERMS
- DEFINITIONS
- When the following words with capital letters are used in these Terms, this is what they will mean:
- Event Outside Our Control: is defined in clause 10.2;
- Services: the therapy arrangement that We are providing to you as set out in the Therapy Agreement Form;
- Terms: the terms and conditions set out in this document;
- Therapy Agreement Form: your order for the Services as set out overleaf; and
- We/Our/Us: Sarah Leggett trading as S L Psychology Ltd, whose principal place of business is at: Encore Wellness, 20 High St, Needham Market, Ipswich IP6 8AP
- When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
- OUR CONTRACT WITH YOU
- These ae the terms and conditions on which We supply Services to you.
- Please ensure that you read these Terms carefully, and check that the details on the Therapy Agreement Form and in these Terms are complete and accurate, before you sign and complete the Therapy Agreement Form. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
- When you sign and submit the Therapy Agreement Form to Us, this does not mean We have accepted your order for Services. Our acceptance of the Therapy Agreement Form will take place as described in clause 2.4. If We are unable to supply you with the Services, We will inform you of this and We will not process the Therapy Agreement Form.
- These Terms will become binding on you and Us when the Therapy Agreement Form is completed and signed by us and we provide you with written confirmation of the same, at which point a contract will come into existence between you and Us.
- If any of these Terms conflict with any term of the Therapy Agreement Form, the Therapy Agreement Form will take priority.
- We shall assign a Therapy Agreement number to the Therapy Agreement Form and inform you of it when We confirm the therapy arrangement. Please quote the Therapy Agreement number in all subsequent correspondence with Us relating to the therapy arrangement.
- Our website and other forms of promotional material are solely for the promotion of Our Services in the UK.
- THERAPY ARRANGEMENT
- The therapy arrangement will be agreed between Us and you at the initial consultation. Once agreed, the Therapy Agreement Form will be completed and signed.
- The therapy arrangement can be reviewed and a different arrangement agreed between Us and you should this be deemed appropriate. The Therapy Agreement Form will be amended to reflect any changes to the original therapy arrangement. Where this means a change in the total price of the Services, We will notify you of the amended price in writing.
- Times and locations of the therapy sessions (forming part of the therapy arrangement) will be agreed between you and Us at the initial consultation so far as is possible. These times and locations can be amended, with advance notice and following further discussion, by agreement between you and Us. The Therapy Agreement Form will be amended to reflect any changes to the original therapy arrangement. Where this means a change in the total price of the Services, We will notify you of the amended price in writing.
- If you wish to cancel a therapy arrangement before it has been fulfilled, please see your right to do so in clause 11.
- CHANGES TO BOOKINGS
- We may revise these Terms from time to time in the following circumstances:
- Changes in how We accept payment from you; and/or
- Changes in relevant laws and regulatory requirements.
- If We have to revise these Terms under clause 4.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 11.4(c).
- PROVIDING SERVICES
- We will supply the Services to you on the dates set out in the Therapy Agreement Form.
- Therapy sessions will commence at the time agreed between Us and you and will last no longer than one hour, notwithstanding any agreement between you and Us to the contrary. If you arrive late you will still be charged for the complete session. If We arrive late then We will agree with you to either make up the time or reduce payment accordingly. If you do not attend a therapy session, without notifying Us in advance, you will be charged the full applicable rate for that session.
- No food or hot drinks are to be consumed by you during sessions without prior agreement with Us.
- Smoking is not permitted during therapy sessions.
- If you wish for someone else to attend the session with you, this must be discussed and agreed by Us in advance. We retain the right to refuse entry to anyone accompanying you to any session.
- Should additional work be requested such as written reports, then the fees for this will be agreed before the work is undertaken. We reserve the right to decline requests for such additional work to that agreed at the initial consultation.
- We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 10 for Our responsibilities when an Event Outside Our Control happens.
- We will need certain information from you that is necessary for Us to provide the Services, for example, personal details, emergency contact, medical history, and any other relevant information we may reasonably require. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Services under this clause 5.8, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you.
- We may have to suspend the Services if We have to deal with technical problems, or to make improvements to the Services as agreed between you and Us in writing. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 5.9 but this does not affect your obligation to pay for any invoices We have already sent you.
- If you do not pay Us for the Services when you are supposed to as set out in clause 7.3, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 7.5). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 7.4.
- IF THERE IS A PROBLEM WITH THE SERVICES
- In the unlikely event that there is any defect with the Services:
- Please contact Us and tell Us as soon as reasonably possible; and
- Please give Us a reasonable opportunity to make good.
- As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- PRICE AND PAYMENT
- The price of the Services will be set out in the Therapy Agreement Form at the time We confirm your booking. Our prices may change at any time, but price changes will not affect therapy arrangements that We have confirmed with you.
- These prices are exclusive of VAT.
- Where We are providing Services to you, We will ask you to make an advance payment of 100% of the price of the Services at the time of you signing the Therapy Agreement Form or, in our absolute discretion, at any time before the therapy session. If you fail to do so the session(s) will not go ahead and you may still be liable for the advance payment referred to above. Your rights to a refund on cancellation are set out in clause 11. We will invoice you for the balance of the Services (if any) on or any time after We have performed the Services. You must pay each invoice in cleared monies within seven calendar days at the date of invoice by cash or bank transfer.
- If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay Us interest together with any overdue amount.
- However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 7.4 will not apply for the period of the dispute.
- CONCESSIONS
- Concessions may be given by Us to you although they are at Our complete discretion.
- Evidence of your eligibility for any concessions will be required before any discounts will be applied. Examples may include: student/training status, receipt of social security benefits, carer status etc.
- Other concessions may be applied although these are at Our complete discretion.
- OUR LIABILITY TO YOU
- If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered the contract.
- We do not exclude or limit in any way Our liability for:
- Death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
- Fraud or fraudulent misrepresentation;
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- Breach of the terms implied by sections 13, 14, and 15 of the Sale of Goods Act 1979 and sections 3, 4, and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- Defective products under the Consumer Protection Act 1987.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
- An Event Outside Our Control means any act or event beyond Our reasonable control.
- If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
- We will contact you as soon as reasonably possibly to notify you; and
- Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
- You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 11.
- YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
- Before We begin to provide the Services, you have the following rights to cancel a therapy arrangement, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 4.1 to your material disadvantage:
- You may cancel any therapy arrangement or the start date for the Services within 7 business days of completing the Therapy Agreement Form by contacting Us. This is known as a “cooling off period.” We will confirm your cancellation in writing to you.
- If you cancel a therapy arrangement under clause 11.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you within 28 calendar days of written notice. Cash refunds will not be provided.
- However, if you cancel an Order for Services under clause 11.1(a) and We have already started work on your therapy arrangement by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the therapy arrangement, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled a therapy arrangement because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
- Once We have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing Us with at least 30 calendar days’ notice in writing. Any advance payment you have made for Services that have not been provided will be refunded to you.
- If you cancel a pre-paid individual session (forming part of the therapy arrangement) 48 hours or more before the start time of that scheduled session, We will refund the fees payable in respect of that individual session to you within 28 calendar days of written notice. Cash refunds will not be provided. If you cancel a pre-paid individual session (forming part of the therapy arrangement) less than 48 hours before the start time of that scheduled session, We MAY NOT, in our complete discretion, refund the fees payable in respect of that individual session to you. If we choose to refund the fees payable in respect of that individual session to you, this will be within 28 calendar days of receipt of written notice. Cash refunds will not be provided.
- Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
- We break this contract in any material way and We do not correct or fix the situation within 28 days of you asking Us to in writing;
- We go into liquidation or a receiver or an administrator is appointed over Our assets;
- We change these Terms under clause 4.1 to your material disadvantage;
- We are affected by an Event Outside Our Control.
- OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
- If We have to cancel a therapy session before it has started:
- We may have to cancel a therapy session before the start date due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
- If We have to cancel a therapy session under clause 12.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
- Where We have already started work on your therapy session by the time We have to cancel under clause 12.1(a), We will not charge you anything and you will not have to make any payment to Us.
- Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 14 calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
- We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
- You do not pay Us when you are supposed to as set out in clause 7.3. This does not affect Our right to charge you interest under clause 7.4; or
- You break the contract in any other material way and you do not correct or fix the situation within 7 calendar days of Us asking you to in writing.
- ZERO TOLERANCE POLICY
- We will not tolerate physical or verbal abuse of any of our staff or contractors.
- We reserve the right to cancel immediately any session should you become physically and/or verbally abusive in any way.
- Should We consider that you have consumed alcohol, drugs or any other illicit or illegal substance, We reserve the right to cancel the session immediately.
- Payments for sessions terminated further to clause 13.2 and/or clause 13.3 will not be refunded. Any payments made by you in respect of any subsequent sessions will be returned within 28 calendar days of written notice. Cash refunds will not be provided.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Us at 01449 706007 or by emailing Us at Sarah@SLPsychology.co.uk.
- If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to S L Psychology Ltd, Cardinal House, 46 St. Nicholas Street, Ipswich, Suffolk, United Kingdom, IP1 1TT. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- We will use the personal information you provide to Us to:
- Provide the Services;
- Process your payment for such Services; and
- Inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
- We will not give your personal data to any third party.
- We are registered with the Information Commissioner’s Office (“ICO”) as required by the Data Protection Act 1998 (“DPA”). All recommendations made by the ICO with respect to the DPA will be implemented where appropriate.
- The content of all therapy sessions is confidential. However, written and electronic notes of such sessions will be kept in accordance with guidelines produced by the ICO and professional bodies, including the British Psychological Society (“BPS”) and the Association for Cognitive Analytic Therapy (“ACAT”).
- We reserve the right to break confidentiality if it is deemed that you are at significant risk of causing harm to yourself or others or if we have any Safeguarding concerns about a child or vulnerable adult. In such circumstances, We reserve the right to inform those persons whom we deem to be most appropriate in all the circumstances. Examples include: your General Practitioner, the Police or Customer First (the first point of contact for social services in Suffolk; part of Suffolk County Council).
- OTHER IMPORTANT TERMS
- We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
- This contract is between you and Us. No other person shall have any rights to enforce any of its terms. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
- These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.