Referral Service for Private Patients Agreement of Services
Interpretation
Unless context requires otherwise, these words have the following meanings:
“we/us/EyeV” means EyeV Limited, a private limited company incorporated in England and Wales with company number 12614371, which is registered at 1 Holme Close, Woodborough, Nottingham, NG14 6EX;
“you” means your practice;
“Stoneygate” means Leicestershire Consultant Eye Surgeons LLP, a limited liability partnership incorporated in England and Wales, which is registered at Stoneygate Eye Hospital, 376 London Road, Leicester, LE2 2PN;
“shared care” means a patient management model where a patient receives treatment by Stoneygate, and follow up care is provided by an optometrist arranged by EyeV;
“conditions” means the conditions listed in Schedule 2. means cataracts (predominantly for the purpose of this agreement), glaucoma, Wet AMD, and any other conditions which are agreed mutually in writing by the parties;
“professional body” means the General Optical Council;
“trial period” means the period of time in Schedule 1 where the reduced rate tariff applies;
“platform” means an online application operated by us which allows for electronic administration of referrals;
“reduced rate tariff” or “RRT” has the meaning in Schedule 1;
“standard rate tariff” or “SRT” also has the meaning in Schedule 1;
“VAT” has the meaning given in the Value Added Tax Act 1994
Amendment
We reserve the right to amend this agreement at any time. Where changes to this agreement are made, you will be notified via the platform or other means of electronic communication with no less than 7 calendar days’ notice.
Our obligations to you
As part of this agreement, we ensure the following:
We will facilitate referrals from you to Stoneygate for any of the conditions listed in Schedule 2, at the SRT.
But if the Trial Period applies, the RRT will apply instead of the SRT.
The referrals in Clause 1 will, wherever possible, be via the platform; where this is not possible, we may facilitate an alternative method of referring patients.
We will facilitate a shared care service by using the platform, at the SRT (or RRT where the trial period applies).
We will provide appropriate access credentials to you, in order to enable you, or your agents, to access the platform.
We will maintain the platform and be responsible for the costs associated with maintaining and supporting the platform.
We will pay you, by bank transfer monthly for the services which you have provided to Stoneygate under this agreement in the month in question.
Your obligations to us
You warrant to us that you are registered with and regulated by the professional body.
You will only make referrals for the conditions listed in Schedule 2 to Stoneygate under via the means set out in clause 2, and will not make referrals for the conditions listed in Schedule 2 via any other means or alternative provider.
You accept that Stoneygate may reject these referrals, and that we shall not be liable for any loss of income as a result of this.
Trial period
You accept that this agreement is subject to a trial period, which lasts until terminated by EyeV.
During the trial period, any referrals made under clause 1 are subject to the RRT.
Once the trial period has lapsed, any referrals made under clause 1 are subject to the SRT.
Liability
We warrant to you that we will seek to supply the Services with reasonable skill and care. We accept liability for our own negligence, but only to the extent stated in this clause.
Nothing in this Agreement shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud.
Our liability to you under this Agreement shall not exceed the amount paid by you in relation to the Services over the previous 12 months.
Subject to the immediately preceding sub-clause, we shall be liable to you in respect of all direct loss or damage caused by our acts or omissions and those of our employees, agents or sub-contractors, other than Excluded Loss. In this clause the expression "Excluded Loss" means all special loss (whether or not the possibility of such loss arising on a particular breach of contract or duty has been brought to our attention at the time of making this contract) and loss, corruption or destruction of data or loss of profits, business or anticipated savings, whether incurred directly or indirectly, or any indirect or consequential damage whatever, either in contract, tort (including negligence) or otherwise.
Notwithstanding the above, the Services may be suspended for so long as is reasonably necessary to carry out standard maintenance and support or to enable us to carry out work which is necessary in our reasonable opinion to maintain or improve the Services.
Force majeure
We are not liable for any breach of this Agreement caused by matters beyond our reasonable control, including, but not limited to, Acts of God, fire, lightning, explosion, war, disorder, flood, epidemic, industrial disputes (whether or not involving our employees), failures or interruptions of electricity supplies, weather of exceptional severity or acts of local or central government or other authorities.
Rights of third parties
No person not party to this agreement shall be able to enforce any rights bestowed by the Contracts (Rights of Third Parties) Act 1999.
Dispute resolution
In the event of a dispute arising out of this agreement between either party, the parties must, in good faith, attempt to resolve the dispute amicably, and the following dispute resolution process in clause 22 shall be followed.
If a dispute arises, the aggrieved party shall communicate the dispute to the other party in writing (by electronic means), and the parties shall, in good faith, attempt to resolve the dispute amicably.
If, within 14 days of the dispute being notified, the dispute remains unresolved, the parties most senior officers shall attempt to amicably settle the dispute.
If after a further 14 days, the dispute remains unresolved, the parties shall enter into mediation, facilitated by the Centre for Effective Dispute Resolution, registered charity number 2422813.
Termination
You may terminate this agreement by giving 28 days-notice in writing (by electronic means). We may terminate this agreement with 5 days notice in writing (by electronic means).
Governing law
This agreement is subject to the laws of England and Wales, with disputes settled exclusively by (where the dispute resolution process in clause 22 has been exhausted) the courts of England.
Schedule 1: Tariff
Standard Rate Tariff
Cataract Referral – £75 (per referral)
Reduced Rate Tariff
Cataract Referral – £75 (per referral)
Schedule 2: Conditions
The following conditions shall be referable under this agreement:
Cataracts