The Terms and Conditions of business apply to services carried out by Smart rTMS Limited. Last update: February 2021
1. DEFINITIONS
1.1. “Smart TMS” or the “Company” means Smart rTMS Limited. 1.2. “Patient Information” refers to the information supplied by Smart TMS to patients in electronic, brochure and letter form. 1.3. “Procedure” or “Treatment” refers to the delivery of repetitive Transcranial Magnetic Stimulation (“rTMS”) treatment administered on the Premises. 1.4. “Clinician” means the person holding themselves out to be a qualified medical practitioner registered with the General Medical Council, HCPC or other equivalent governing body. 1.5. Patient” means any person who has entered into a contract with Smart TMS for a Procedure. 1.6. “Cost” is the value of the sessions at the Applicable Rate as detailed on the prescription following the Consultation. 1.7. “Consultation” is a pre-Procedure meeting between the Patient and Clinician, at which the Patient’s suitability for the Procedure is considered. Consultation with a Smart TMS Operator and/or any members of Company staff should be regarded as merely assisting the Patient to make an informed choice about the Procedure. The Smart TMS Operator and/or member of staff is unlikely to be a Clinician and any advice given should, in any event, be regarded as of a general non-medical nature. 1.8. “Premises” means any Clinic, or other building, or part thereof, under the ownership, occupation, or management of Smart TMS. 1.9. “Applicable Rate” is the cost per session as quoted on the Company website: smarttms.co.uk.
2. OBLIGATIONS AND WARRANTIES
2.1. Company warrants that before inviting a Clinician to receive Practicing Privileges rights or a Clinician’s contract, permitting the said person to practice at the Premises, Company confirms that the person is registered with the General Medical Council and ensures that Company have seen a copy of a private practice indemnity insurance cover Certificate which is current at the date of granting practicing privileges rights, or a Contract, or other such agreement which permits him/her to practice such procedures. Company does not usually obtain copies of the whole of the private practice medical indemnity insurance policy document and nor does It make any warranties in respect of the content of the same, save as set out above. 2.2. All Clinicians are themselves responsible for maintaining their registration with the General Medical Council and maintaining full private practice medical indemnity insurance. 2.3. All of the Clinicians which Company may from time to time introduce to patients are self-employed and make their own clinical decisions at all times. The Clinician’s fees are included in the quoted price and Company acts as their agent in the collection of them. 2.4. The Patient warrants no cause of action will accrue against Company for any aspect of the treatment carried out by the Clinician. 2.5. The Patient warrants that he or she will read the patient information provided in order to fully understand the range of possible outcomes of the proposed Procedure.
3. PATIENT’S OBLIGATIONS
3.1. This contract is conditional upon the acceptance of the Patient by the Clinician based upon information given by the Patient during the Consultation. The decision to carry out treatment shall be at the discretion of the Clinician. 3.2. Payment of fee or the initial consultation is to be received in advance of the consultation appointment. Fees for the consultation are not refundable. 3.3. Payment of fees for treatment is to be received at least 7 days prior to the date of the first procedure for each course of treatment, where booked more than a week ahead, or at the time of booking if less than a week ahead. Treatment will normally only be given where satisfactory payment has been received. 3.4. The Patient agrees to provide the Clinician and clinical staff of Company with a health history that is honest, accurate, reliable and complete. The Patient understands that withholding any medical information could be detrimental to his/her health and safety and may result in cancellation of the Procedure with no refund. The Patient agrees that if any change occurs in his/her medical history or status to inform Company and the Clinician or Smart TMS Operator without delay and to keep Company, the Clinician and Smart TMS operator informed. 3.5. The minimum age for any Consultation or Procedure is 16.
4. GENERAL OBLIGATIONS
4.1. Smart TMS reserves the right to alter the Patient’s appointments although such changes will be avoided wherever possible. The Patient agrees that no consequential loss will be payable for the short notice cancellation on any appointment. 4.2. The Patient agrees that in agreeing to this set of Terms and Conditions and any Pre-Treatment Medical Notes that he/she has understood the terms and has been given an opportunity to seek explanation. The Pre-Treatment Medical Notes are designed to ensure that the Patient and the Clinician are fully agreed as to the Treatment Schedule that has been planned and the potential risks and benefits. The Patient must agree to this form before Treatment commences. Patient accepts that Company liability for breach of contract is limited to the Cost received. 4.3. The Patient and the Clinician will be required to agree a Treatment Consent Form prior to Treatment. 4.4. In the interest of patient safety and welfare, we reserve the right to cancel or postpone your Treatment.
5. RESCHEDULING/CANCELLATIONS
5.1. Rescheduling – if you need to reschedule your Treatment date, an administration fee will normally apply: 7 days or more notice – £250; 6 days or less notice – £500. 5.2. Cancellations made 8 days or more prior to and including start date of Treatment will be charged at 25% of the total Cost. Cancellations made 7 days or less prior to start date of Treatment will be charged at 75% of the Total Cost. For the avoidance of doubt, where the Treatment is booked within 7 days of the date of Treatment, cancellations will be charged at 50% of total Cost. 5.3. Cancellations due to inability to tolerate recognised side effects of rTMS and/or when recommended by your Clinician will result in the refund of the monies paid for treatments not utilised.
6. CONSULTATIONS
6.1. Smart TMS assess and review patients using tele-psychiatry (video consultations). We follow the GMC and Royal College of Psychiatrists guidelines for the use of telepsychiatry. 6.2 The Patient consents for our Clinicians to assess the Patient using telepsychiatry.
7. COMPLAINTS
7.1. The complaints procedure is available on request from the Smart TMS Operator. If you have a complaint regarding any aspect of your treatment, we recommend that you discuss this with your Smart TMS Operator in the first instance. If after using Company’s usual complaints process no resolution can be reached, Company may refer the complaint for independent mediation. Referral will be on basis that both parties are bound by the outcome. Company may be responsible to fund the mediation. The Patient agrees that all medical records can be released to the appointed Arbitration Officer. Settlements reached using this method will be considered by Company and the Patient as a Full and Final settlement.
8. CONFIDENTIALITY
8.1. Company agrees that all matters relating to the Patient’s treatment will be kept as confidential save where Company is required to disclose such material to relevant members of medical staff at Company and/or relevant Government authorities be they regulatory or otherwise, and/or in circumstances where the Patient is deemed to have, either explicitly or impliedly, waived his/her rights to confidentiality. 8.2. The Patient confirms his/her consent to the disclosure of personal information by the Clinician, Smart TMS Operator and other medical staff for the purpose of discussing Patient’s Treatment. This includes the sharing of personal information with Northamptonshire Healthcare NHS Foundation Trust, where applicable. 8.3. If required, your Smart TMS Operator will provide you with the policy on access to medical records. Such records will be made available at a cost of £50 per Patient.
9. JURISDICTION
9.1. The laws of England and Wales shall apply to this contract and the Courts of England and Wales shall have exclusive jurisdiction.