Terms & Conditions

1. Application

These terms and conditions apply to the provision of services by Rehabilitation Direct Ltd (hereafter, RHD, us, our) a company registered in England and Wales, whose registered office is at Haywood House, Hydra Business Park, Nether Lane, Sheffield S35 9ZX and whose company number is 08409156 to you our customer.

Acceptance of terms and conditions

1. You are deemed to have accepted these terms and conditions when you accept our quotation or instruct us to provide services, whichever happens earlier (an instruction is an order or referral from services from you to RHD).
2. These terms and conditions once accepted are deemed to be a contract between you and us.

• The terms and conditions will apply for the duration of each contract.

1. RHD can withdraw, cancel or amend a quotation if the service has not started.
2. These terms and conditions apply to the contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2. Payment terms
   1. RHD will invoice for payment of fees either:
      1. Prior to delivery of services if pre-payment has been agreed.
      2. On completion of the services, or
      3. Monthly from the start of the provision of services.
   2. Payment is due 30 days from date of invoice.

• You are responsible for payment of our fees unless agreed in writing in advance of provision of the services.

1. If payment is not made within the agreed timeframe, we can suspend services and cancel future services.
2. Payments to be made by BACS.
3. Receipts for payment will be issued only at your request.

• RHD reserve the right to charge interest at 10% per annum above Bank of England base lending rate on invoices not settled within the terms described in 4(ii).

3. Working day
   1. A working day is deemed to be any weekday other than a public holiday in England.
4. Services
   1. RHD undertake to use reasonable care and appropriate expertise in the delivery of the contract. RHD will inform you of any changes to the agreed specification of the service as soon as is reasonably possible.
   2. These terms and conditions apply to the supply of goods as well as services unless RHD specify otherwise.
5. Termination
   1. RHD can terminate the provision of services if you:
      1. breach your obligations set out in these terms and conditions.
      2. are, become or, in our reasonable opinion are about to become, subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvency.
      3. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986 or any other similar subsequent scheme.
   2. Your obligations
      1. You must provide all permissions, consents, licences or otherwise that we need and must give us access to any relevant information, materials, properties and any other matters which RHD need to provide the services.
      2. If you do not comply with clause 7(i) the service can be terminated.

• RHD are not liable for any delay or failure to provide a satisfactory service if this is caused by your failure to comply with 7(i).

7. Fees
   1. Fees for services will be set out in our quotation or will be as stated in our current price list.
   2. In addition to fees we can recover from you:
      1. Reasonable incidental expenses including, but not limited to, travel, accommodation and subsistence.
      2. The costs of services provided by third parties and required for the delivery of services.
      3. The costs of any materials required for the delivery of services.
   3. Non-attendance and cancellation.
      1. RHD reserve the right to charge in full for services and associated costs (for example, travel cost) that have not been able to be provided due to cancellation or non-attendance without 2 working days’ notice. Certain services may require a longer cancellation period, in which case this will be specified at the time of agreeing that service.
      2. Either RHD or you can cancel an order for any reason prior to your acceptance of a quotation.
   4. Circumstances beyond a party’s control.
      1. If, due to circumstances beyond our reasonable control, RHD must make any changes to the services or how they are delivered, we will notify you immediately. RHD will take all reasonable measures to keep changes to a service to a minimum.
      2. Neither you nor RHD is liable for any failure or delay to deliver our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to industrial action, civil unrest, fire, flood, adverse weather, earthquake, acts of terrorism, war or governmental action. If the delay continues for a period of 90 days either party may terminate or cancel the services to be carried out under these terms and conditions.
   5. Intellectual property
      1. RHD reserve all copyright and all other intellectual property rights which may subsist in any services or goods supplied. We reserve the right to take appropriate action to restrain or prevent the infringement of such intellectual property rights.
   6. Liability and indemnity
      1. RHD’s liability under these terms and conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out below.
         1. The total amount of fees payable by you under the contract.
         2. RHD is not liable (whether caused by our employees, agents, third parties or otherwise) in connection with our provision of the services or the performance of any of our other obligations under these terms and conditions or the quotation for:
            1. Any indirect, special or consequential loss, damage, costs, or expenses, or,
            2. Any loss of profits, anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption or other third party claims, or

• Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control, or

1. Any losses caused directly or indirectly by any failure or breach in relation to your obligations, or
2. Any losses arising directly or indirectly from the choice of services and how they will meet your requirements or your use of the services or any goods supplied in connection with the services.
3. Any subsequent costs relating to clinical complications arising from the provision of services instructed by you.

12. Data protection
    1. When supplying the services to the customer RHD may gain access to and, or acquire the ability to transfer, store or process personal data.
    2. The parties agree that where such processing of personal data takes place, the customer shall be the ‘data controller’ and RHD the ‘data processor’ as defined in the General Data Protection Regulations (GDPR) as may be amended, extended or re-enacted from time to time.

• RHD will only process personal data to the extent reasonably required to enable it to supply the services agreed with the customer.

1. RHD shall not disclose any personal data without consent to do so by the owner or guardian of the personal data.