These Candidate Terms & Conditions ("Candidate T&Cs") apply between you (the Candidate, Locum) and us (the Company). By registering with us, accepting assignments through us, submitting timesheets or carrying out work via us, you agree to be bound by these Candidate T&Cs.
1.1 In these Candidate T&Cs:
1.2 These Candidate T&Cs, together with any Booking Form, form the entire agreement between you and the Company in relation to your engagements via the Company.
2.1 You shall provide your services as an independent contractor (or via your personal service company), and not as an employee or agent of the Company or Client.
2.2 You shall not be under the supervision, direction or control of the Company in respect of how you perform your Assignment (save for any relevant health & safety, site rules or Client policies).
3.1 You acknowledge that it is the Client's obligation to pay the Company for the services you provide pursuant to any Assignment.
3.2 The Company, acting on behalf of the Client, will pay you in advance of receiving funds from the Client for services you deliver, provided that:
3.3 If the Client fails to pay the Company (or falls into arrears), the Company reserves the right to suspend further payments to you until the shortfall is resolved.
3.4 You acknowledge that while the Company pays you in advance, the ultimate obligation to pay rests with the Client. You will not hold the Company liable for any inability to continue advance payments if the Client fails to reimburse the Company, provided that the Company acted in good faith.
3.5 If at any time the Company considers your work or documentation unsatisfactory, it may withhold or adjust payments (in whole or in part) pending resolution, but must notify you in writing of the reasons.
3.6 You shall not accept direct payments from the Client unless the Company has provided prior written authorization for such payment arrangements.
4.1 You shall submit a duly completed timesheet (or equivalent record) to the Client (and/or to the Company) after each shift or period worked, in the format and within the timescale required.
4.2 The Client shall verify and sign the timesheet. Approval by the Client constitutes confirmation that you have worked the period claimed.
4.3 The failure of the Client to sign a timesheet shall not relieve the Client of liability to pay for work done.
4.4 You must ensure that all timesheets or work records are accurate and truthful.
5.1 You must maintain the standards required by any relevant regulatory or professional body (e.g. GMC, NMC).
5.2 You shall promptly inform the Company of any changes in circumstances (e.g. registration lapses, disciplinary action) that affect your suitability for an Assignment.
5.3 If the Client notifies the Company of unsatisfactory performance, misconduct, or a breach of professional standards, the Company may investigate and, if appropriate, suspend or terminate your continued assignment.
5.4 If the performance issue is serious (e.g. reportable to a regulator), the Company reserves the right to charge for the work done up to that point but decline further fees or cancel future assignments.
6.1 Either party may decline or cancel an Assignment, subject to any notice periods or cancellation rules in the Booking Form.
6.2 If you cancel an Assignment after its confirmed start, you may be liable for any costs or losses arising (to the Company or Client) to the extent fair and reasonable.
6.3 The Company may terminate your registration or refuse to arrange further assignments if you breach these Candidate T&Cs, act unprofessionally, or fail to meet required standards.
7.1 You shall keep confidential all information relating to Clients, their business, and any other proprietary information you acquire in the course of your work.
7.2 This obligation shall continue for a period (e.g. five years) after termination of your association with the Company.
7.3 You may disclose confidential information only to the extent required by law, or as necessary to perform your duties, and only with the Company's consent (unless mandated by regulation).
8.1 You agree to indemnify and hold the Company harmless from all claims, costs, liabilities or losses (including legal costs) arising out of your negligence, breach of professional duty, misconduct or misrepresentation in connection with any Assignment.
8.2 Nothing in this agreement limits liability for death or personal injury caused by negligence or for fraud or other liability which by law cannot be excluded.
8.3 Subject to the foregoing, the Company's liability to you under these Candidate T&Cs shall be limited to direct losses and in no event to an amount exceeding what the Company has been paid by the Client in respect of the relevant Assignment.
9.1 You shall maintain all necessary professional indemnity insurance, registration with any required professional or regulatory bodies, and any other insurance required to perform the Assignments.
9.2 You shall comply with all statutes, regulations, codes or standards applicable to your profession or to the Assignments you undertake.
9.3 You shall cooperate in obtaining any due diligence, credentials, checks or references requested by the Company or Client.
10.1 If there is any conflict between these Candidate T&Cs and any Booking Form, the Booking Form shall prevail with respect to that Assignment only (but only to the extent it does not conflict with the essential obligations here).
10.2 The Company may vary these Candidate T&Cs from time to time, and any variation will be available on this page.
11.1 These Candidate T&Cs shall be governed by and construed in accordance with the laws of England & Wales.
11.2 Any dispute arising in connection with these Candidate T&Cs shall be subject to the exclusive jurisdiction of the English courts.
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info@locumgnc.co.uk