T&C
DEFINITIONS
In these terms:-

Assignment -means the period during which the Locum is supplied to the Client.

Locum -Means a self employed Individual who is introduced by Top Locums to a client to render his/her services.

Employment Business /Agency -means Top Locums

Client -means the person, firm or company together with any Holding Company, Subsidiary or Associated Company who purchases the Services from the Employment Business / Agency.

The Contract Date -means the date of the Assignment Letter.

The Assignment Letter -means the letter from Top Locum to the Client setting out the basic terms of the Assignment.

Engagement -means any appointment, employment or use of the Locum directly by the Client or any third party or through any other employment business / agency on a permanent or temporary basis, whether under a contract of service or for services; an agency, license, franchise or partnership arrangement; or any other engagement; directly or through a limited company of which the Locum is an officer or employee.

Introduction -means (i) the Client's interview of a Locum in person or by telephone, following the Client's instruction to the Employment Business / Agency to supply a Locum; or (ii) The passing to the Client curriculum vitae (CV) or information of a Locum, which identifies the Locum; and which would facilitate to an Engagement of that Locum.

Remuneration -includes base salary or fees, guaranteed and/or anticipated bonus and commission earnings; allowances, inducement payments, the benefit of a company car and all other payments and taxable (and, where applicable, non-taxable) emoluments payable to or receivable by the Locum for services rendered to or on behalf of the Client or any third party.

Services -means any services agreed in the Contract to be supplied to the Client by the Employment Business / Agency (including any part or parts of them).

GPhC -means General Pharmaceutical Council

Formation of the Contract
Top Locum operates as an Employment Agency. These terms and conditions constitute a contract between the client and the agency and are deemed to be accepted by virtue of an introduction to, or the engagement of a locum. Unless otherwise agreed in writing by the director of Top Locum, these terms contain the entire agreement between the parties and shall prevail over any terms of business conditions put forward by the client. No variation or alteration to these terms shall be valid unless the details of such variation are agreed between Top Locum and the client and are set out in writing and a copy of the varied terms is given to the client stating the date on which or after such variations shall apply.

Top Locum unless otherwise agreed by a director as a variation of these terms, charges a flat fee (agreed at the time of booking) per day for the introduction of a locum.
If a locum initially introduced to the client by Top Locum is then engaged by a client within 6 months of the termination of their last booking date, without prior written consent from Top Locum, the client shall then be liable to pay Top Locum a fee for each day the locum has worked or 15% of the agreed annual salary.
Rates quoted are exclusive of VAT, which will be added to all invoices at the rate applying at the appropriate tax point.
Invoices are payable 14 days following the date of invoice.
Top Locum will charge interest at 8% per annum above the base rate from time to time in force of Barclays Bank on all overdue invoices from the date of the invoice to the date of payment of the invoice, together with compensation for the costs suffered by Top Locum arising from late payment, in accordance with its rights under the Late Payment of Commercial Debts (Interest) Act 1998.
All legal costs and expenses incurred by Top Locum in seeking to collect overdue invoices from the Client will be payable by the Client on an indemnity basis.
The Client shall not be entitled to withhold payment of any amount payable under this contract by reason of any dispute or claim by the Client.
Without prejudice to any other rights of Top Locum, if the Client shall fail to make punctual payments of any sum under any contract between Top Locum and the Client, Top Locum may, at its option, either withhold the provision of its services until the total indebtedness of the Client to Top Locum has been discharged, or cancel this contract.
If Top Locum has Bonafide doubts as to the solvency of the Client, or if the Client fails to pay invoices payable under this contract within the contractual credit period, all sums payable to Top Locum by the Client under this contract or otherwise shall become due and payable forthwith without requirement for any notice to be given and Top Locum shall be released from its obligation to continue to provide its services, save on terms acceptable to Top Locum.
Cancellations and Refunds

The client accepts that Top Locum acts only as an introduction service between the locum and the client, and the client accepts that Top Locum shall not be responsible for any loss or costs that are incurred should the locum not fulfill a booking that they have accepted. In such circumstances the client should contact Top Locum as soon as possible by phone or email. Top Locum will make every effort to ensure a replacement of a locum from the source, and in the event that this is not possible, then a refund or credit will be arranged. A booking is deemed as confirmed as soon as we have a confirmation (email only) from the client accepting the booking. In the event a cancellation of a confirmed booking the following structure applies

30 days or more prior to booking date a refund/credit for 75% of the booking fee
30- 15 days prior to a booking 50% of the fee applies
Under 14 days the full fee is applicable
Delivery and quality of the Service:

Top Locum Endeavour's to ensure the suitability of its locums by:

Verifying GPhC registration
Copies of accreditations
Obtaining certificates for any experience or training qualifications that are required by the client
All certificates can be provided for review to our clients (subject to candidates' approval).

Upon confirming the booking Top Locum will send confirmation to both the locum and the client providing details of the location, rate, contact details and any expenses that have been agreed. The locum is self employed and as such not an employee of Top Locum; it is therefore the client that is responsible for paying remuneration directly to the locum upon termination of the engagement unless the locum and the client have mutually agreed an alternative. The client and locum share responsibility for ensuring the payment of any applicable Income tax and National insurance along with and other statutory payments in accordance with schedule D of the finance act.

Liability

Any locum introduced to a client by Top locum is classed as self employed and as such Top locum is not liable under any circumstances for any loss or expense incurred by the client including lost profits, damages & expenses. The Client accepts that whilst a locum is on a placement, the client is responsible for complying with all statutes including, for the avoidance of doubt the statutes of the working time regulations, health and safety protocols etc, bye-laws, codes of practice and legal requirements to which the client is ordinarily subject to in respect of the clients own staff, including the provision of adequate employers and public liability insurance cover for the locum during all bookings Whilst at a placement the locum is subject to the clients safety and security rules, it is the clients responsibility to make Top Locum aware at the time of booking any special health & safety matters that it requires.

Termination

Whilst every effort is made to ensure the suitability of a locum, if the client has reasonable grounds to believe a locum is unsuitable or unsatisfactory the client may terminate the booking by advising Top Locum of the reason why the locum is unsuitable in writing. Top Locum will then review the circumstance and may offer a refund or a credit based on the circumstances. In the event Top Locum obtains information that gives it reasonable grounds to believe that a locum is unsuitable for the booking, it will inform the client and terminate the booking immediately, every effort will be made to find a replacement and in the event a replacement cannot be found a full refund will be offered to the client for that booking.

General

By requesting or accepting the services of a locum from Top Locum, it is deemed that the client accepts the terms and conditions set out in our Standard terms & conditions of business. These terms and conditions are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the courts of England & Wales, Scotland and Northern Ireland.