Pay as You Go Terms and Conditions
Terms and Conditions for Pay as You Go (“PaYG“) Occupational Health Services
1. About Us
1.1 Spire Occupational Health Limited (“we”, “us”, or “Spire”) is a company incorporated and registered in England and Wales (with company number 04317901). Our registered office is 3 Dorset Rise, London, England, EC4Y 8EN. We operate the website www.spireoccupationalhealth.com
1.2 For all booking queries, cancellations, or concerns, please contact us via: Email: info@spireoccupationalhealth.com
2. Our Contract with You
2.1 These terms and conditions (“Terms”) apply to the order by you and supply of Services (described in paragraph 4 below) by us to you (“Contract”). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. We offer the Services on a standardised basis and we will not accept amendments or negotiated variations to these Terms, except where required by law.
2.2 The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 By engaging us to provide the Services, you confirm your acceptance of these Terms in full. Any attempt to propose alternative terms shall be deemed void unless expressly agreed in writing by an authorised representative of Spire. We reserve the right to decline to provide the Services where you do not accept these Terms without modification. Notwithstanding the foregoing, we reserve the right to update these Terms at any time. The latest version will always be available on our website.
2.4 The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
3. Placing an Order for Services and Acceptance of your Order
3.1 Please follow the onscreen instructions when placing your order. Each order is an offer by you to buy the services specified in the order subject to these Terms.
3.2 Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraph 3.4.
3.4 Our acceptance of your order takes place when we send a confirmation email to accept it (“Order Confirmation”), at which point and on which date (“Commencement Date”), the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
3.5 If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
4. Services
4.1 We will deliver the following occupational health services (the “Services”) in accordance with these Terms: Our services
4.2 We warrant to you that the Services will be provided using reasonable care and skill.
4.3 We will not be responsible for any delays caused by factors beyond our control including, but not limited to, any failure by you to comply with your respective obligations set out in these Terms.
5. Charges and Payment
5.1 In consideration of us providing the Services, you must pay our charges (“Charges”). The Charges are the prices quoted on our site at the time you submit your order. Any promotional rates apply only to bookings confirmed during the promotion period. If rescheduled or cancelled and rebooked, prevailing (non-promotional) rates will apply.
5.2 If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
5.3 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
5.4 The timing of payment for the Services will depend on the Services you require.
5.4.1 We will take your payment for the following Services when you place your order (“Pre-Paid Services”):
- Management Referrals (Occupational Health Advisor and Occupational Health Physician)
- New Starter Assessments
- Mental Health Assessments
- Musculoskeletal (MSK) Assessments
- Wellbeing Workshops & Webinars
- Manager Training
5.4.2 We will take your payment for the following Services when we send you your Order Confirmation:
- Health Surveillance Clinics
- ‘Know Your Numbers’ Health Check Clinics
5.5 You can pay for the Services using a debit card or credit card. We accept the following cards: Visa, Mastercard and AMEX. We will not store your card details.
5.6 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under paragraph 12, you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest will accrue each day at 3% a year above the Bank of Scotland’s base rate from time to time, but at 3% a year for any period when that base rate is below 0%.
6. Your Responsibilities
6.1 It is your responsibility to ensure that:
6.1.1 the terms of your order are complete and accurate;
6.1.2 you have all necessary permissions and consents to book the Services on behalf of your employees before the date on which the Services are to start;
6.1.3. you cooperate with us in all matters relating to the Services;
6.1.4. you clearly communicate with your employees and that they attend appointments booked by you. Missed appointments will be subject to our cancellation policy; and
6.1.5. you have obtained the necessary consent from the employee(s) for the referral and the processing of their personal data in accordance with our Privacy Policy.
6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in paragraph 6.1 above (“Default”):
6.2.1 we will be entitled to suspend performance of the Services until you remedy your Default. We will be entitled to rely on Your Default to relieve us from the performance of the Services, to the extent that your Default prevents or delays performance of the Services. In certain circumstances, your Default may entitle us to terminate the Contract under paragraph 12;
6.2.2 we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
6.2.3 it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from your Default.
7. Our Cancellation and Rescheduling Policy
7.1 For Pre-Paid Services, the following rescheduling and cancellation policy applies:
7.1.1 Rescheduling: you may reschedule an appointment free of charge up to two (2) working days before the scheduled appointment time. Appointments rescheduled less than two (2) working days before the scheduled appointment time will incur the full appointment charge.
7.1.2 Cancellations: appointments cancelled within two (2) working days of the scheduled appointment time will not be eligible for any refund. Appointments cancelled less than five (5) working days before the scheduled appointment time are eligible for a 50% refund. Cancellations made five (5) working days or more before the scheduled appointment time will be refunded in accordance with clause 7.5, minus an administration fee of £20.
7.1.3 Failure to attend / late attendance: if your employee fails to attend or arrives more than five (5) minutes late without prior agreement, the appointment will be recorded as a Did Not Attend (DNA). No refund will be issued for DNAs.
7.1.4 Attending in an inappropriate physical condition: if an employee attends but we are unable to provide the Services because the employee is not in an appropriate physical condition to proceed (e.g., due to illness, injury, or other factors), we will not issue a refund.
7.2 The following cancellation and rescheduling policy applies to all other Services:
7.2.1 Rescheduling: we may offer rescheduling options, but these are subject to availability and will be set out in your Order Confirmation.
7.2.2 Cancellations: appointments cancelled less than five (5) working days before their scheduled appointment time will incur a 100% charge. Appointments cancelled less than 10 working days before their scheduled commencement will incur a 50% charge.
7.3 To cancel or reschedule an appointment, you must contact us using the contact details set out in paragraph 1 above. We will email you to confirm we have received your cancellation. When you email us, please include details of your order to help us to identify it.
7.4 If you cancel or reschedule an appointment, we will refund you in accordance with the process set out in this paragraph 7. Refunds (where applicable) will be processed to the original payment method within seven (7) working days of receipt of your request. Please allow up to 10 working days for the refund to appear on your statement.
7.5 We may deduct from any refund any amount for Services provided for the period up to the time when you gave notice of cancellation. Any eligible refunds are subject to an administration fee of £20 to cover processing and operational costs.
8. Complaints
If a problem arises or you are dissatisfied with the Services, please contact us using the details set out in paragraph 1 above. A copy of our complaints policy is available on request.
9. Intellectual Property
All intellectual property developed by us remains our property. We may grant you a limited license to use materials solely for the purpose of receiving the Services.
10. Confidentiality and how we may use your Personal Information
10.1 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract. We each undertake that we will not at any time disclose the other party’s confidential information, except as follows:
10.1.1 to our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract, and we will each ensure that the respective individuals comply with this paragraph 10; and
10.1.2 as may be required by law.
10.2 We will use any personal information you provide to us to provide the Services, process your payment for the Services; and inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
10.3 We will process your personal information and that of your employee (including the results or outcome of any assessment) in accordance with our Privacy Policy the terms of which are incorporated into this Contract. Please ensure your employees are aware of this when bookings are made.
11. Our Liability
11.1 Nothing in the Contract limits any liability which cannot legally be limited (under law or otherwise).
11.2 Subject to paragraph 11.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss of profits, loss of sales or business, loss of agreements or contracts, and/or any indirect or consequential loss.
11.3 Subject to paragraph 11.1 and 11.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the aggregate amount of fees paid to us by you under this Contract in the twelve (12) months prior to the fact, matter or circumstances that gave rise to such liability.
12. Termination
12.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
12.1.1 you commit a material breach or any term of this Contract and if such a breach is remediable) fail to remedy that breach within 5 working days of you being notified in writing to do so;
12.1.2 you suffer an event of insolvency; or
12.1.3 one of your employees behaves inappropriately, poses a safety or reputational risk, or is deemed clinically unsuitable for the appointment. In such cases, no refund will be issued.
12.2 On termination (for any reason), you shall immediately pay to us any outstanding payments in respect of Services supplied. We will also return any confidential information to each other.
12.3 Termination will not affect any rights and remedies of either party that have accrued as at termination. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
13. General
13.1 We may assign or transfer our rights and obligations under the Contract to another entity.
13.2 If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
13.3 Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.4 The Contract is between you and us. No other person has any rights to enforce any of its terms.
Acceptance
By clicking ‘Accept’ and placing an order on the Provider’s website, the Client confirms acceptance of these Terms.