client terms and conditions

THE CONTRACT
• These terms constitute a contract between Swift Locum Solutions (acting as an Employment Agency in accordance with the Employment Agency Act 1973) and the client for the introduction and supply of the locum to the client.
• The terms are deemed to be acceptable to the client through the request of details of the locum, the engagement of the locum or the passing of this information to any third party.
• Swift Locum Solutions operates as an Employment Agency.
• No alteration or variation to these terms and conditions should apply unless prior agreement has been made by Swift Locum Solutions and have been set out in writing.

FEES
• The client agrees to pay Swift Locum Solutions an agreed fee based on the following rates for the booking of the Locum:
Standard Rate: £18.00 plus VAT (where applicable)
Emergency Rate: Booking fee + £7 plus VAT (where applicable)
• Emergency booking fee is applicable for shifts which are booked within 24 hours of the commencement of the booking.
• Payment of booking fees must be paid in full within 30 days of the invoice date. Failure to do so will result in interest charges and appropriate fees in line with and defined by Late Payment of
Commercial Debts (Interest) Act 1998 & the EU Directive 2000/35/EC.
• When a booking has been confirmed to the client by Swift Locum Solutions then the booking fee will be applicable irrespective of the cancellation of the booking at a later date.

LOCUM & LOCUM PAYMENTS
• When making a booking of the Locum with Swift Locum Solutions, the identity of the Locum shall be supplied to the client.
• Swift Locum Solution undertake a standard vetting procedure that requires the Locum to hold the required qualification, experience, training, and authorisation to perform the duty by the required Law or Professional Body to work in the required placement.
• The locum supplied by Swift Locum Solutions is an independent contractor who is self employed.
• All payments should be made direct to the Locum and the client will be responsible for all remuneration and expenses which should be paid on completion of the duty by the locum.
• It is the responsibility of the client and locum to ensure that all taxes and any other payments are made in line with existing regulations.
• Swift Locum Solutions will not be liable for any payments in relation to matters regarding remuneration or expenses to the Locum.

INTRODUCTIONS
• All introductions are made exclusively by Swift Locum Solutions. Therefore if the initial introduction has been made by Swift Locum Solutions of the Locum to the client then all future bookings
should be made via Swift Locum Solutions and shall not be made directly with the Locum.
• In the event that a booking is made direct with the Locum, the client agrees that they will pay the agreed booking fee, as specified above, for the duration of the booking at the daily rate.
• If the Locum is employed permanently then a fee of 6% is applicable of the remuneration package for first 12 months of employment. No refund will be available in the event that the employment
subsequently terminates within the first 12 month period. VAT is payable where applicable. The client is responsible to notify Swift Locum Solutions of the employment of the Locum and it is agreed that the specified fee will be due.
• Where Swift Locum Solutions have made an introduction of the Locum to the client and the Locum is introduced to a third party where they engage in employment from six months of the introduction then the client shall pay the introduction fee of 6% of the first 12 months remuneration.

LIABILITY
• The Client agrees that Swift Locum Solutions is not liable or responsible for any acts, errors, damage or omissions of the Locum whether this is wilful, negligent or otherwise.
• Whilst we will endeavour to make every effort to ensure that satisfaction is given to the client by ensuring that the Locum meets a reasonable standard of skill, integrity and reliability, as expected
by the client, Swift Locum Solutions is not liable for any loss, expense, damage or delay arising from any failure to provide locums for all or part of the period of booking or from the negligence, dishonesty, misconduct or lack of skill of the Locum.
• Any Locum that has been supplied to the Client by Swift Locum Solution is not an employee of Swift Locum Solutions but will be deemed to be under the control, supervision and direction of the Client from the moment they arrive for duty to the moment they leave.
•Swift Locum Solutions aims to engage good quality locum pharmacists and it does this by only seeking those that are registered with the RPSGB. That way Swift Locum Solutions can aim to ensure that the Locum Pharmacists are credible, they have the professional qualifications, the status of a pharmacist and further are authorised to practice in Great Britain. Notwithstanding this, Swift Locum Solutions cannot accept any responsibility for any professional misconduct on the part of the Locum Pharmacist. Client accepts that the Locum Pharmacist is not an employee or agent of Swift Locum Solutions but an independent self-employed contractor. Swift Locum Solutions therefore has no control over the actions/ inactions on the part of the Locum Pharmacist whilst engaged by the Client.
• It is the duty of the client to advise Swift Locum Solutions of any matters of Health & Safety or anything that will require us to inform the Locum prior to the commencement of the appointment.
• The client shall indemnify and keep indemnified Swift Locum Solutions of any liability of costs incurred that have arisen out of any assignment made by a Locum supplied by Swift Locum Solutions and/or a breach of these terms by the Client or Locum.
• The client should inform Swift Locum Solutions of any special requirement in matters relating to Health & Safety that Swift Locum Solutions needs to advise the Locum prior to the commencement of their duty. It is also agreed that should any special arrangements that need to be made for provision of protective clothing or safety equipment are arranged for the Locum by the client prior to the commencement of the assignment.
• The Client agrees to comply with all necessary requirements of law, by laws, professional codes of practice and legal requirements to which the client would do so in connection to their own staff
including ensuring adequate Employers & Public Liability insurance is in place during the Locums assignment.
• Swift Locum Solutions total liability to the Client in relation to any one claim shall not exceed £1000. To the extent that Swift Locum Solutions liability to the Client would be met by any insurance of
Swift Locum Solutions then their liability shall be extended to the extent that such liability is met by such insurance.

TERMINATION OF ASSIGNMENT
• The client will inform Swift Locum Solutions immediately if the Locum fails to attend for the required assignment. Similarly, Swift Locum Solutions will inform the client if it is made aware of any
reason why the Locum is unable to attend the agreed assignment. In this instance, Swift Locum Solutions will do its utmost to assist the client in finding an alternative replacement for the
assignment.
• In such an instance, Swift Locum Solutions will not be liable to pay any additional cost to either the locum or the client, where a replacement locum requires a higher rate of pay.
• In the event that the Client needs to terminate a booking with a Locum it is requested that the client, where possible, provides an adequate alternative assignment. Swift Locum Solutions will assist
the client, requested to do so, in finding an alternative assignment but is not liable to find an alternative booking for the locum or any associated cost in finding an alternative booking.
• Swift Locum Solutions shall notify the client if it obtains any information that gives reasonable grounds that the locum supplied to client is unsuitable for the required assignment.

GENERAL
• These terms and conditions are governed by the Law of England & Wales and are subject to the exclusive jurisdiction of the courts of England and Wales, Scotland and Northern Ireland