PCEA Terms of Business (Privately Commissioned Work)

Supply of services to private consumers

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01603 610059 or email admin@pcea.co.uk.

Application

1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you).
2. We are The Psychology Clinic of East Anglia Ltd a company registered in England and Wales under number 07031289 whose registered office is at 68 Bishopgate, Norwich, Norfolk, NR1 4AA with email address admin@pcea.co.uk; telephone number (01603 610059) (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

Interpretation

4. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Services;
6. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
7. Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;
8. Services means the services of the number and description set out in the Order and any Service Description Document supplied separately.

Services

9. The description of the Services is as set out in the Service Description Document, our website, or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies as Services are tailored to individual requirements.
10. It is your responsibility to ensure that any information you provide in order to facilitate the provision of the Service is accurate.
11. All Services are subject to availability.
12. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

13. You must co-operate with us in all matters relating to the Services, to enable us and our authorised employees and representatives to carry out the Services (for example, attending appointments, completing psychometric measures, engaging with assessment processes, allowing access to premises as agreed), notwithstanding circumstances outside your control.
14. Failure to comply with the above is a Customer default which entitles us, at our discretion, to suspend performance of the Services until you remedy the situation or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Basis of Sale

15. The description of the Services in our Service Description Document, website or other form of advertisement does not constitute a contractual offer to sell the Services.
16. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
17. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.
18. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
19. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

Fees and Payment

20. The fees (Fees) for the Services in our Service Description Document current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
21. Where required by law, fees and charges will include VAT at the rate applicable at the time of the Order. However, many of our Services, when provided directly to consumers, qualify as exempt form VAT under the rules set out at https://www.gov.uk/guidance/health-professionals-pharmaceutical-products-and-vat-notice-70157. If this is the case this will be made clear to you in the Service Description Document and our invoice/bill.
22. Payment for Services must be made at least 7 days in advance of delivery (e.g. the beginning of an assessment process). You will be provided with an invoice in advance of this with details of how to make payment via online bank transfer.

Delivery

23. We will deliver the Services within the agreed period or, failing any agreement, within a reasonable time.
24. In any case, except for events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

Withdrawal

25. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
26. We may withdraw from the contract prior to it being carried out if we or the Psychologist discover any reason which means they would not be able to provide the Service to the professional standard required. In such circumstances any fees already paid would be refunded, subject to any discretionary deductions for work already completed. Reasons for this would include, but are not limited to,
    1. Determination, on further investigation, that the nature of the Service requested lies outside the expertise of the Psychologists available.
    2. Determination, on further investigation, of a conflict of interest in carrying out the Service for the Client(s).

Conformity

27. We will supply the Services with reasonable skill and care.
28. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

29. The Contract continues as long as it takes us to perform the Services.
30. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    2. is subject to any step towards its bankruptcy or liquidation.
    3. Determination during the course of carrying out the contract of a specific reason why the Service cannot be provided to the professional standard required. Reasons for this would include, but are not limited to, (i) Determination, on further investigation, that the nature of the Service requested lies outside the expertise of the Psychologists available. (ii) Determination, on further investigation, of a conflict of interest in carrying out the Service for the Client(s).
31. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Privacy

32. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
33. These Terms and Conditions should be read alongside, and are in addition to, our policies, including our Privacy Notice which will be supplied to you separately and which can be found on our website, www.pcea.co.uk.
34. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    2. ‘GDPR’ means the UK General Data Protection Regulation.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
35. We are a Data Controller of the Personal Data we Process in providing the Services to you.
36. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
37. For any enquiries or complaints regarding data privacy, you can e-mail: dpo@pcea.co.uk.

Successors and our sub-contractors

38. The Customer may not transfer the benefit of this Contract to someone else not identified in the Order. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties. Notwithstanding this, individual Practitioner Psychologists carrying out Services on our behalf are individually liable for issues around professional practice and standards. Details of this can be found at paragraph 44 below and in our Complaints Procedure document which is available separately.

Circumstances beyond the control of either party

39. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery.

Excluding liability

40. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

41. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
42. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
43. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within one week. For further information on this please see our “Complaints Procedure – directly commissioned work”.
44. Individual Practitioner Psychologists carrying out Services on our behalf are subject to codes of conduct and professional standards as follows (individual membership details are available on request): Health & Care Professionals Council available from https://www.hcpc-uk.org/standards/. Some technical aspects of commissioned work may be carried out by Assistant Psychologists or other non-regulated Psychologist grades but in all such instances such work will be overseen by a Practitioner Psychologist who will hold responsibility for the work and who will be subject to professional body regulation, as set out above. Some specific kinds of work may be carried out in collaboration with other professionals, such as Speech and Language Therapists, as per the Order and Service Description. In such cases, details of their regulatory bodies are available on request.