Terms and Conditions – Pharmacies

Pharmaseekers: Customer Terms & Conditions of Service for Pharmacies.

1. The Agency Fee & When it is Payable.
1.1 The Agency Fee is defined in the rate card which is displayed at www.pharmaseekers.co.uk and it is payable by a Customer for the Service.
1.2 The Agency Fee becomes due when Pharmaseekers introduce a Locum to a Customer in order to fill a vacancy. It is payable both in respect of each pharmacy attended by that Locum and for each and every day or part thereof that the Locum works for the Customer.
1.3 The Customer accepts that any contract of employment or engagement between the Customer and the Locum is their entire responsibility and the liability for paying the Locum’s Charge is solely that of the Customer.
1.4 All further employment arranged between the Customer and the same Locum must be arranged through Pharmaseekers.
1.5 The Agency Fee becomes due every day subsequent to the initial day that the same Locum is employed on a temporary basis by the Customer. The Agency Fee is due regardless of whether term 1.4 was complied with.
1.6 If the Locum is employed by the Customer subsequent to the initial introduction on a permanent basis an introduction fee is due to Pharmaseekers. The introduction fee is 10% of the Locum’s gross annual salary and if employed for a period of less than one year, the equivalent annualized salary plus VAT if payable. It must be paid within 1 month of the commencement of permanent employment.
1.7 In the event that a Locum is supplied to a Customer and is introduced by the Customer to a third party which results in the Engagement of the Locum by the third party during the Assignment or within whichever is the longer of either 52 weeks from the start of the first Assignment (each new assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be considered to be the ‘first Assignment’ for these purposes); or 39 weeks from the day after the last day the Locum worked on the Assignment The Customer shall be liable to pay a Transfer Fee calculated in accordance with clause 1.6.
1.8 The Customer must pay the Agency Fee when it becomes due. The payment must be made in full within 30 days of the Booked Date, or at such other time, as PSK and the Customer may agree.
1.9 Non-payment of the Agency Fee or an Introduction Fee (due under 1.6) by the due date entitles Pharmaseekers to charge interest at 10% calculated daily from the date the date the relevant fee was due.
1.10 The Agency Fee is not refundable, nor are there any rebates.
2. Liability & Each Party’s Responsibilities
2.1 Pharmaseekers will use all reasonable endeavours to ensure the suitability of any Locum introduced to the Customer by obtaining confirmation of the Locum ’s identity, confirmation that the Locum has the experience, training, qualifications and any authorisation which the hirer considers are necessary, or which the worker needs to have by law or by the requirements of any professional body, such as the GPHC in order to carry out the work, two references from Persons not related to the Locum and any authorisation which the Customer considers necessary or which may be required by law or by any professional body; and that the Locum is willing to work in the position which the Customer seeks to fill.
2.2 At the same time as proposing a Locum to the Customer the Agency shall inform the Customer of such matters in clause 2.1 as they have obtained confirmation of. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Locum is being proposed for a position which is the same as one in which the Locum has worked within the previous five business days and such information has already been given to the Customer
2.3 The Agency endeavours to take all such steps as are reasonably practicable to ensure that the Customer and Locum are aware of any requirements imposed by law or any professional body to enable the Locum to work in the position which the Customer seeks to fill.
2.4 Notwithstanding clauses 2.1, 2.2, and 2.3 above the Customer shall satisfy itself as to the suitability of the Locum and the Customer shall take up any references provided by the Locum to it or the Agency before engaging such Locum. The Customer is responsible for obtaining work permits and/or such other permission to work as may be required, for the arrangement of medical examinations and/or investigations into the medical history of any Locum , and satisfying any medical and other requirements, qualifications or permission required by law of the country in which the Locum is engaged to work
2.5 Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or Bank holiday) following save where the Locum is being proposed for a position which is the same as one in which the Locum has worked within the previous five business days and such information has already been given to the Customer.
2.6 The Customer accepts responsibility to ensure that the premises in which the Locum will work complies with the standard laid down in the GPhC’s Medical Ethics and Practice Guide, with all relevant statutory requirements and guidelines and is suitable for the purposes of employment. Pharmaseekers accept no liability for any loss resulting from non-compliance with this provision.
2.7 Pharmaseekers accept 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 Locum whether these acts or omissions were fraudulent, negligent or through any other cause.
2.8 In any event Pharmaseekers liability for any breach of the terms whatsoever is limited to the Agency Fee payable.
2.9 The customer must maintain full professional indemnity insurance cover with an insurance company of good repute. Pharmaseekers accept no liability for any loss resulting from non-compliance with this provision.
3. Confidentiality
3.1 Pharmaseekers agree to keep details of both Customers and Locums confidential save for the purposes of arranging work placements in accordance with the provisions of this agreement.
3.2 The Customer must keep confidential the terms of this contract and the ongoing business relationship between Pharmaseekers and the Customer. The details of individual Locum s must not be forwarded on to any prospective employer of the Locum nor may the details be used to arrange employment in breach of 1.4.
4. Effect of Notification of Terms and Conditions.
4.1 These terms and conditions shall prevail over any terms and conditions of the Customer.
4.2 No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
4.3 By accepting these terms and conditions you agree that we may collect, store and use information about you in accordance with our privacy policy which is found on our Website or a copy is available at your request. You acknowledge and agree to be bound by the terms of our privacy policy.
4.4 These terms and conditions, save for express notification to the contrary by Pharmaseekers, form the standard terms and conditions for all contracts to be formed between the Customer and Pharmaseekers with regard to the Service.
5. Interpretation.
5.1 “The Agency Fee”
The fee to be paid to Pharmaseekers by the Customer for the Service.
5.2 “Booked Date”
A day on which the Locum undertakes a work placement for a Customer.
5.3 “The Contract”
The contract between Pharmaseekers and a Customer in respect of the Service
5.4 “Customer”
Any and all persons bodies and/or organisations with whom Pharmaseekers contract to provide the Service, including a subsidiary or associated company.
5.5 “Locum”
The Pharmacist, Pharmacy Technician or Pharmacy Dispenser provided by Pharmaseekers to the Customer.
5.6 “The Locum’s Charge”
Shall mean the charge payable by the Customer to the Locum directly
5.7 “The Service”
The service of introducing Locums to Customers. The service that Pharmaseekers will provide will be that of an Employment agency