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Who these terms and conditions apply to - Halcyon Doctors - Halcyon Doctors
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Terms & Conditions

Who these terms and conditions apply to

Thank you for choosing Halcyon Doctors (“we”; “us”; “our”). If you are a patient or customer you should have received documentation from us confirming your request for our services (“Introduction Pack”); if not please contact us as soon as possible. The Introduction Pack and these terms and conditions (“Terms and Conditions”) will form part of the agreement between you and us and will apply to all of the services (the “Services”) that we provide to you. Before we start providing any Services to you, you need to sign the agreement enclosed in the Introduction Pack (“Agreement”) and then return it to us.

If you are simply visiting our website, or making enquiries at this stage, these Terms and Conditions apply to your use of our site and your communications with us.

When we refer to “you”, we mean the prospective or intended customer or patient (“customer”) or their representative as described in the Agreement where relevant. Where a person signs the Agreement as a representative on behalf of a customer, they agree that they will be bound by these Terms and Conditions, even if the customer breaches, or is not bound by, any part of these Terms and Conditions.

1. Who are we and how to contact us

1.1 We are a company registered in England and Wales called Halcyon Doctors Limited, trading as “Halcyon Doctors”. Our company registration number is 07828427 and our registered office is at Halcyon Doctors, The Old Town Hall, 4 Queens Road, Wimbledon, SW19 8YB. You can contact us by telephoning 0203 7000 163 or by e-mailing contact@halcyondoctors.com.

1.2 If you wish to contact us in writing, or to send us any written notices required by these Terms and Conditions, you can send this to us by e-mail, by hand, or by pre-paid post using the details in clause 1.1 and we will confirm receipt. 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 we sent the Introduction Pack to.

2. Entering into the contract

2.1 Please read these Terms and Conditions carefully, and check that the details in the Introduction Pack are complete and accurate, before you sign the Agreement. If you think that there is a mistake or require any further explanation, please contact us to discuss. We will confirm any changes agreed with you in writing to avoid any confusion.

2.2 Whilst making general enquires, these Terms and Conditions shall apply. As a customer or patient, these Terms and Conditions will form part of your Agreement with us. If we are unable to supply you with any Services, we will inform you of this and we will not process your request.

2.3 These Terms and Conditions will apply to all of the Services that we provide to you and will continue until terminated in accordance with clause 5.

3. What are the costs and how will you pay?

Our Fees

3.1 Due to the bespoke and complex nature of the Services that we provide, it is only possible for us to give you a fee estimate prior to the provision of the Services you have requested. The fee estimate is based on a particular scope of Services being provided and is expressed as a range of fees setting out the minimum and maximum estimated fee for the requested Services. We aim for the range of fees estimated to cover the scope of Services requested, however if delivering the Services requires more work than covered by the range of fees estimated, we reserve the right to charge additional in accordance with the rate specified in the Introduction Pack. Our fee estimate for the initial Services that you requested is set out in the Introduction Letter.

3.2 The exact fee that you will have to pay will depend on the required amount of work and we will notify you as soon as we can following completion of the Services of the amount of work that was required and therefore the exact fee to be paid. We will only charge you for the work we have done.

3.3 Fee estimates for subsequent Services or third-party services will be discussed and agreed with you on an ongoing basis. Please be aware that if the scope of the requested Services changes before or during the provision of the Services, it may be necessary for the fee estimate to be revised. We will discuss and agree any necessary revisions with you.

3.4 Our fees include VAT (if applicable), but if the rate of VAT changes, we will adjust fees to account for this change provided we give you 7 days’ notice unless you have already paid for a Service, in which case we will not adjust the fee for that particular Service. You can choose to cancel the Services in accordance with clause 5 in these circumstances.

3.5 Our fees for the Services may change at any time provided we give you 7 days’ notice unless you have already paid for a Service, in which case we will not adjust the fee for that particular Service. You can choose to cancel the Services in accordance with clause 5 in these circumstances.

Paying

3.6 It is your responsibility to pay the fees and we will require you to pay them at the time that we have notified to you. We may ask you to pre-pay for your first appointment.

3.7 We accept payment in the form of credit card, debit card, bank transfer and direct debit. We may accept other forms of payment, but this will be at our discretion.

3.8 We will collect your payment details, including your credit or debit card details, when we accept your request for Services. We will keep your card details until the fees for our Services have been paid in full, however, we will contact you each time before we take payment to request authorisation to use those payment details. Your card details, and all other personal information, will be handled in accordance with our Privacy Policy, which is available on our website, and also provided in the Introduction Pack.

3.9 If you do not want us to use the payment details given to us in accordance with clause 3.8 above to collect payment, let us know and we will ask for alternative payment. If your payment details change, you must provide us with updated payment details.

3.10 We will send you an invoice after your appointment(s) each invoice must be paid in cleared monies within 14 days of the date of invoice by any of the methods described in clause 3.7.

3.11 If a third party has agreed to pay your fees and they fail to settle our invoices (or any part of them) by the due date for payment, we will assume that the outstanding amount will not be paid by the third party and we will invoice you direct and payment will be due within 14 days of the date of the invoice.

3.12 If, for any reason, we find that you have not paid our fees by 14 days after the date of the invoice, you agree that we can debit the outstanding balance from your card upon 7 days of notice to you and/or we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC 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 judgment. You must pay us interest together with any overdue amount.

3.13 If you dispute an invoice in good faith, please contact us to let us know promptly after you have received the invoice. Clause 3.12 will not apply for the period of the dispute.

3.14 If you are covered by insurance you will need to pay our fees in accordance with clause 3 and ask your insurance provider to reimburse you following the Services. We do not accept direct payments from insurance providers but we will assist you where we can, including providing any appropriate documentation requested by yourself for your insurance provider. You will need to check whether your insurance provider will cover you for the Services. It is not our responsibility to do so. Your insurer may have a different opinion to us or the other parties involved in the Services, which means they may not reimburse you for all or any of the Services.

What is included in our Fees

3.15 Each service comprises the appointment time as well as a significant amount of time outside the appointment (“additional consultant time”).

3.16 The additional consultant time includes, but is not limited to, reading background information, liaising with the GP, Solicitor and/or family members, drafting a comprehensive report, and/or completing any related documentation (e.g. a CoP3 Form for certain mental capacity cases).

3.17 Several fees are set out below, a full list can be found under our Clinical Services and Capacity Services pages.

Clinical Services Appointment Time Additional Consultant Time Price *
Assessment up to 1.5 hours up to 1.5 hours £525
Consultation up to 1.0 hour up to 1.0 hour £350
Clinical Services Appointment Time Additional Consultant Time Price *
Assessment up to 2.0 hours up to 2.0 hours £900
Consultation up to 1.0 hour up to 1.0 hour £450
Clinical Services Appointment Time Additional Consultant Time Price *
Consultation up to 1.0 hours up to 1.0 hours from £100 to £180
4. Delivery of services - rights and obligations

4.1 We will make every effort to complete the Services in a timely manner. However, there may be circumstances beyond our reasonable control which prevent this (see clauses 4.10 and 4.11).

4.2 If we do not receive payment for the Services when we are supposed to as set out in clause 3, we may suspend the Services with immediate effect until we have been paid the outstanding amounts (except where you dispute an invoice – see clause 3.12). We will contact you to tell you this. This does not affect our right to debit the relevant balance and/or to charge you interest under clause 3.11.

4.3 We will own the copyright, and all other intellectual property rights in any documents we make in connection with the Services for you (including but not limited to reports, care plans, drafts, drawings or illustrations). This just means we are free to use our internal templates and other documents.

4.4 We are not responsible for meeting your general primary healthcare needs, and we are not an on-call, or on-demand service. We are also not an emergency service. For any of your healthcare needs other than those forming part of the Services, please speak to your GP or seek assistance from emergency services as required.

Our liability to you

4.5 If we breach our agreement with you we may be liable for loss or damage that you suffer, however, we shall not be liable by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the terms of the Agreement for any loss of profits, anticipated savings, opportunity, reputation or goodwill in each case whether direct or indirect or for any special, consequential and/or other indirect loss or damage whether caused by negligence, breach of contract, tort or breach of statutory duty by us, our employees or agents or otherwise, arising out of or in connection with this agreement.

4.6 If we are providing Services in your property, we will make good any damage to your property that was caused directly by us in the course of performing the Services. However, we are not responsible for any loss or damage that was not reasonably foreseeable and we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover when providing the Services.

4.7 Please look after your belongings carefully when you visit our consulting rooms. We are not responsible for the loss or damage to any valuables, cash or other items belonging to you or any persons accompanying you while you are visiting any of our consulting rooms.

4.8 We do not exclude or limit in any way our liability for:

4.9 While we and the other parties involved in the Services will use our reasonable skill and care to ensure you get a satisfactory outcome, a medical or medico-legal outcome cannot be guaranteed with complete certainty.

4.10 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. We will contact you as soon as reasonably possible if any of these things occur.

4.11 If we cannot provide the Services because any of the events described in clause 4.10 have occurred, the time by which we are required to provide the Services will be extended for the duration of the event. In any event, if we need to stop the Services temporarily, we will restart them as soon as reasonably possible. You can cancel the agreement under clause 5.6.4. We will only cancel the contract if the Services need to be stopped for more than 12 weeks in accordance with our cancellation rights in clause 5.8.

5. Cancellation and Refunds

Stopping before completion of the Services

5.1 If a member of our staff or another party involved in providing the Services to you recommends that you must undergo certain tests or procedures, we are under no obligation to provide any Services without those tests or procedures first taking place. You will be told whether any additional tests or procedures are required and how much it will cost to perform them. If you decide that you do not want to proceed, you will only be obliged to pay for the Services you have actually received.

Your rights to cancel and applicable refund

5.2 If you are late to an appointment by more than 10 minutes or you do not attend an appointment or you give us less than 48 hours’ notice to reschedule an appointment, we reserve the right to charge you for any costs that we have incurred (please be aware that this could be as much as the full cost of your appointment plus any additional costs such as the consulting room fee), as we may still need to pay the clinician who we arranged to see you or for the services that we agreed to provide you. Please contact us if you would like more information in relation to a specific appointment. We will not charge you if we receive more than 48 hours’ notice to reschedule an appointment. If there is another party involved in the Services and they provide a different deadline, you must provide a period of notice that meets this requirement or that one, whichever is longer.

5.3 If you are booked onto one of our courses or have agreed a number of sessions as part of the Services that you have requested that we provide to you, please be aware that we will not be able to reschedule sessions and you will be charged the full price of the course even if you do not attend all of the sessions of the course.

5.4 If you change your mind, and do not want any of the Services, or you would like to cancel this agreement, please give us at least 7 days’ notice in writing. Any advance payment you have made for the Services that have not been provided will be refunded to you. You will need to pay us any costs we have reasonably incurred by that stage and we will tell you what these costs are when you contact us. These costs will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you.

5.5 We may deduct from refunds any amount that you owe to other parties involved in the Services.

5.6 You may cancel this agreement with immediate effect by giving us written notice if:

Where you have cancelled the Services because of our failure to comply with these Customer Terms, you do not have to make any payment to us. Otherwise you will have to pay us any costs that we have reasonably incurred by that stage.

Our rights to cancel and applicable refund

5.7 We may need to cancel Services before they begin due to one of the events described in clause 4.10 or because the Services you requested are not available. We will promptly contact you if this happens. If we need to cancel Services for these reasons and you have made any payment in advance for those Services, which have not been provided to you, we will refund these amounts to you.

5.8 We may cancel this agreement at any time by providing you with at least 7 days’ notice in writing. If you have made any payment in advance for any Services that have not been provided to you, we will refund these amounts to you.

5.9 We may cancel this agreement at any time with immediate effect by giving you written notice if:

and you will receive a refund for anything you have paid already for those Services less the costs reasonably incurred by us up to cancellation.

6. Your information and what we do with it

6.1 Your personal information and other confidential information that may be collected by us either from you directly, through our website, in person, or otherwise, or that may be provided to us by third parties such as your GP or solicitor will be handled at all times in accordance with the terms of our Privacy Policy, a copy of which is available on our website, and a hard copy of which can be requested by contacting us.

7. Visits to your home

7.1 Some of the Services will be provided at your home and you agree that we are permitted to enter your home and carry out the Services at the address specified in the Introduction Pack or otherwise provided to us.

8. Other parties involved in your care

8.1 Family members, friends or carers are welcome, at the customer’s consent, and at the discretion of the clinician’s view on whether or not it is appropriate, to sit in on appointments.

8.2 We use our best endeavours to maintain the highest possible standards and will instruct qualified clinicians to carry out the Services. As part of the Services, we may recommend that you obtain services from a third party (for example, an MRI scan provided by a third party). Except where we are liable under clause 4.5, we are not responsible for any act or omission of a third party.

8.3 We may subcontract to a third party the provision of part or all of the Services but we will remain liable for what the third party does as if we were providing the Services to you ourselves.

9. Contacting us out of hours

9.1 We may, at our discretion, provide you with a telephone number to contact us out of hours. This is not an emergency number or a call out service. You agree that you will only use the number where doing so is fair and reasonable and where we decide in our absolute discretion that you are not using it fairly and reasonably, we reserve the right to cancel this Agreement in accordance with clause 5.7 – 5.9

10. Some other important terms

10.1 We may transfer our rights and obligations under these Customer 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 Customer Terms.

10.2 This contract is between you (customer and representative, if applicable) and us. No other person shall have any rights to enforce any of its terms.

10.3 Each of the paragraphs of these Customer 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.

10.4 If we fail to insist that you perform any of your obligations under these Customer 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.

10.5 These Customer Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.

10.6 When we use the words “writing” or “written” in these Customer Terms, this will include e-mail unless we say otherwise.

10.7 We may revise these Customer Terms from time to time if we make changes to the way we accept payment from you or there are any changes in relevant laws and regulatory requirements. If we have to revise these Customer Terms for these reasons or for any administrative purpose, we will give you at least one month’s written notice of any changes to these Customer Terms before they take effect. You can choose to cancel the agreement if the revised terms result in a material disadvantage to you.

10.8 If any of these Customer Terms conflict with any term of the Introduction Pack, these Customer Terms will take priority.

10.9 Where you contact us by email, please only do so using a reputable email account from a computer that has the necessary protections against viruses and other harmful software. We may need to block your emails if there is a risk that they will harm our systems or information.

11. Feedback and Complaints

11.1 We welcome your feedback on all aspects of our service and encourage you to share your views with us by phone, email or in writing. We will occasionally ask you to complete short surveys to help us understand what we do well and how we can improve.

If you or your representative wants to make a complaint, please contact us by calling:
0203 7000 163

Emailing:
feedback@halcyondoctors.com

Or writing to:
Halcyon Doctors
The Old Town Hall
4 Queens Road
Wimbledon
SW19 8YB

Without any cost to you, your complaint will be recorded, investigated fully and responded to within 15 days or as soon as reasonably practicable where the circumstances demand a quicker response. All we ask is that you:

11.2 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. In addition, you can obtain advice about your legal rights from the Care Quality Commission by calling:

03000 61 61 61

Emailing:
enquiries@cqc.org.uk

Or writing to:
CQC National Customer Service Centre
Citygate
Gallowgate
Newcastle-upon-Tyne
NE1 4PA

Nothing in these Customer Terms will affect these legal rights.
September 2018