Terms & Conditions
In these Terms the following word or words shall have the following meanings:
1.1. “Client” means the individual that instructs Oak Medical on the terms set out in this agreement or as notified by Oak Medical to the client from time to time.
1.2. “Agreement” means the understanding formed between Oak Medical and the client for the provision of services to which these terms apply.
1.3. “Debt” means that debt owed to the client which is the subject of the services
1.4. “Services” means the credit management service that Oak Medical agrees to provide to the client.
1.5 “42 days” means 42 calendar days.
1.6 “Invoice date” is the date the invoice was raised, sent to the patient for billing and for tax purposes. We cannot deal with postdated billing.
2. FORMATION OF AGREEMENT
2.1. All instructions shall be made by the client in writing (to include email and facsimile) to the company’s principle place of business.
2.2. Oak Medical shall, unless the client requests otherwise in writing, begin to carry out the services when in receipt of the clients instructions and the agreement shall be deemed to be formed at this point.
3. OBLIGATIONS OF Oak Medical
3.1. Oak Medical agrees to deliver the services in accordance with these terms and conditions.
3.2. Following the request for these services, Oak Medical shall use its reasonable endeavours to collect the debt.
3.3. Oak Medical will carry out the work required to collect the debt during the course of normal business hours.
3.4. Oak Medical undertakes to exercise reasonable care and skill in performing the services.
3.5. Oak Medical accepts no responsibility or liability should Oak Medical be unable to collect a debt for any reason whatsoever.
3.6. Oak Medical reserves the right to decline a client’s instructions without the obligation to provide reasons for its decision.
3.7. Oak Medical is not a financial services organisation and will only require the client’s bank details to pay in cheques if the client instructs Oak Medical to do this.
4. THE CLIENT’S OBLIGATIONS
4.1. The client agrees to respond to Oak Medical’s reasonable requests for instructions to enable Oak Medical to fulfill its obligations under this agreement and shall cooperate with Oak Medical in all matters relating to the services.
4.2. By instructing Oak Medical the client has given their consent for Oak Medical to access their financial data.
4.3. The client shall permit Oak Medical to have all reasonable access to its records and provide such assistance as requested by Oak Medical to enable them to carry out their obligations under the agreement.
4.4. The client will provide Oak Medical with the names of individuals who are authorised to work with Oak Medical on the client’s behalf.
5.1. In consideration of the provision of services by Oak Medical, the client agrees to pay the fees calculated in accordance with any schedule or fee structures provided by Oak Medical to the client.
5.2. The client will be liable for any costs incurred by Oak Medical on its behalf in performance of the services.
5.3. All Oak Medical fees, charges and other costs and expenses incurred on the clients behalf attract VAT which shall be payable at the prevailing rate in accordance with legislation in force from time to time.
6.1. Oak Medical will raise an invoice for its fees or any disbursements paid by it on the client’s behalf.
6.2. If a debt is paid directly to the client in whole or in part or if the client accepts goods or services in lieu of the debt after Oak Medical has accepted instructions from the client:
6.2.1 The client shall notify Oak Medical immediately and confirm the position in writing to prevent Oak Medical incurring further costs or fees on the client’s behalf.
6.2.2 Shall be responsible in any event for Oak Medical’s fees calculated in accordance with section 5.1
6.3. Oak Medical will not collect cash. Any cash payments the client receives will have to be dealt with by the client.
7. TERMINATION OF THE AGREEMENT
7.1 If the agreement is cancelled then the client will be liable to pay Oak Medical any outstanding fees due to Oak Medical.
7.2. Oak Medical requires four weeks’ notice prior to the termination of the agreement.
7.2 Oak Medical reserves the right to suspend service to the client until further notice in the event that either:-
7.2.1 The client has failed to pay the monies owing to Oak Medical.
7.2.2 The client is in breach of any material term of the agreement.
7.2.3 Oak Medical is obliged to comply with an order of any relevant authority.
7.3 The client shall reimburse Oak Medical for all reasonable costs and expenses incurred as a result of such suspension and/or the recommencement of the provision of services.
8.1 Oak Medical shall not be liable to the client in agreement, tort or otherwise, including liability for negligence, for any loss of revenue, loss of business, depletion of goodwill and or similar losses, loss of anticipated savings or profit or any indirect or consequential loss however arising.
8.2 Oak Medical shall not have liability to the client for any loss, delay or costs relating to or arising out of incomplete or inaccurate instructions from the client.
8.3 Oak Medical shall have no liability to the client under the agreement if Oak Medical is prevented from or delayed in performing its obligations under the agreement or from carrying on its business by acts, events, omissions or accidents beyond all reasonable control, including (without limitation), Act of God, war, civil commotion, malicious damage, compliance with any law or government order, rule, regulation, accident, fire, flood, or storm.
8.4 All warranties, conditions and other terms implied by the statute or common law are, to the fullest extent permitted by law excluded from the agreement but nothing in these terms limits or excludes liability of Oak Medical for death or personal injury resulting from negligence.
9.1 In the event that the client fails to pay any amount owed to Oak Medical when due, Oak Medical shall be entitled to withhold all documents, papers and correspondence it holds in connection with the clients business until payment by the client for sums due under the agreement.
10.1 Any notice, invoice or other document which may be given by either party under the agreement shall be deemed to have been given if left or sent by post or fax (confirmed by post) to an address notified by the other party in writing as an address to which notices or other documents may be sent.
10.2 Oak Medical’s address for services of any notice shall be its present office address or any other address that Oak Medical shall notify to the client.
10.3 These Terms and the agreement shall be governed by English Law and the jurisdiction of the courts of England and Wales.
10.4 Oak Medical reserves the rights to amend or vary these Terms, and in particular the fee rates, from time to time, but any such amendments/variations shall only have effect upon notification to the client in writing.
10.5 A person who is not a party to the agreement shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any parts of it.