Terms of Business

Updated 15th April 2020

FUNDING – TERMS OF BUSINESS ………………………………………………………………………………………………
1.1 FUNDING YOUR CASE ………………………………………………………………………………………………………………………..
2.1 TERMS OF BUSINESS……………………………………………………………………………………………………………….…………………
2.2 COPYRIGHT ……………………………………………………………………………………………………………………………………
2.3 CLIENT SATISFACTION ……………………………………………………………………………………………………………………….
2.4 STORAGE OF DOCUMENTS AND DEEDS …………………………………………………………………………………………………..
2.5 TERMINATION …………………………………………………………………………………………………………………………………
2.6 LIMITATION OF LIABILITY ……………………………………………………………………………………………………………………
2.7 CLIENT MONEY ……………………………………………………………………………………………………………………………….
2.8 CONFIDENTIALITY, PRIVACY & DATA PROTECTION ……………………………………………………………………………………..
2.9 REFERRALS TO THIRD PARTIES ……………………………………………………………………………………………………………..
2.10 HOURS OF BUSINESS …………………………………………………………………………………………………………………………
2.11 EQUALITY & DIVERSITY ……………………………………………………………………………………………………………………..
2.12 RIGHTS OF THIRD PARTIES ………………………………………………………………………………………………………………….
2.13 APPLICABLE LAW, ETC. ………………………………………………………………………………………………………………………
2.14 SETTING STANDARDS ………………………………………………………………………………………………………………………..

1.1 Funding
(a) Morph and Bloom Speech and Language Therapy is a private trading company and the work we do is paid and the responsibility of the individual, local authority or school/academies instructing us.
(b) We bill our private fees on the basis of initial assessments and block of a minimum 6 therapy sessions at a time. The cost of the initial assessment and therapy sessions will be agreed upon by the therapist and those instructing. A copy of our rates are attached and subject to variation depending on the need and requirements discussed prior to any commencement of work on your case. The agreed fixed rate is reviewed periodically and accordingly may vary during the course of your case.

Terms of Business

2.1 Morph and Bloom Speech and Language Therapy

(a) Morph and Bloom (SLT) is constituted as a private provider:
(i) Offices: Old Police Station, 77 Mellor Street, Rochdale, OL11 5BT
(ii) Phone Number: 01706 581130
(iii) Email: info@morphandbloom.co.uk;
(iv) Web Site: www.morphandbloom.co.uk;
(v) Authorised and Regulated by the Health and Care professions Council.
(b) In these Terms of Business all first person terms such as ‘we’, ‘us’ and ‘our’ refer to the owners of Morph and Bloom SLT and not to any Employee or Consultant personally or to any combination of Employees or

Consultants collectively. By entering into this Agreement, you are entering into a contract with the owners of Morph and Bloom SLT and not with any Employee or Consultant personally or with any combination of Employees or Consultants collectively.

2.2 Copyright
(a) Unless we agree otherwise, all copyright which exists in the documents and other materials that we create whilst carrying out work for you will remain our property. You have the right to use such documents and materials for the purposes for which they are created, but not otherwise.
(b) If you use such documents for any purpose other than that for which they were created we are not responsible to you for any losses that you may suffer as a result.
(c) Unless otherwise required by law or court order, you agree not to make our work, documents or materials available to third parties without our prior written permission. Our work is undertaken for your benefit alone and we are not responsible to third parties for any aspect of our professional services or work that you make available to them.

2.3 Client Satisfaction
(a) We operate strict client care and quality policies and always aim to provide you with the highest level of expertise and to be available, approachable, understandable, prompt and courteous.
(b) We will keep you informed about all important developments in your case and we will respond to your letters, emails and telephone calls promptly and efficiently.
(c) The majority of our clients are very happy with the service we provide them, but in the event that you have any cause for concern, then please be aware that you are entitled to make a complaint. We take all feedback from clients seriously.

2.4 Storage of Documents and Deeds
(a) Any paper based confidential information is stored securely in accordance with General Data Protection Regulations and the Data Protection Act 1988 until the child is 25 years old, in accordance with law. You agree that we may destroy them after that time.
(b) You may apply in writing to access an electronic copy of your child’s notes. This will incur an admin charge of £25. You may also request modifications of any inaccuracies. These requests will be dealt with within 30 days.

2.5 Use of video
(a) Some assessment and therapy techniques involve the use of video/audio to record your child.
(b) The videos are temporarily stored on an encrypted, password protected phone. Once the video/audio has been used as needed in therapy it will be deleted. No copies will be retained.

2.6 Termination
(a) You may end this agreement (and therefore, your instructions to us) at any time by writing to us but we may be entitled to keep all of your documents while there is money owing to us (including fees and expenses which have not yet been billed).
(b) We may end this agreement (and, therefore, cease acting for you) in relation to any matter or all matters of yours but only on reasonable written notice and for good reason. Examples of a good reason include where you have not given us sufficient instructions, where you have not provided appropriate evidence of identification or we reasonably believe that the relationship between you and us has broken down.
(c) If your matter does not conclude, or we are prevented from continuing to act because of our legal obligations or our professional rules, we will charge you for any work we have actually done. Our charges will be based on the agreed rates set out in our Client Care and subsequent letters to you.
(d) If we cease acting for you, we shall (where relevant) inform the school/academy of the child that we no longer act for you and shall apply to be removed from their records. We may charge you for doing so at our correspondence rates applicable at the relevant time.
(e) If we have not met with you, the Consumer Protection (Distance Selling) Regulations 2000 and the Consumer Protection (Distance Selling) (Amendment) Regulations 2005 will apply to our agreement. Similarly, if we made this agreement in your home or place of work then the Consumer Protection (Cancellation of Contracts made in a Consumer’s home or place of work etc.) Regulations 2008 will apply. These regulations mean that you may terminate this agreement within seven days without any obligation.

2.7 Safeguarding
(a) Staff DBS is renewed annually. Service users may see DBS enhanced disclosure’s of Morph and Bloom Communication Therapy at any time on request.
(b) In the event of a safeguarding concern, where your child or another person is at risk of harm, therapists of Morph and Bloom Communication Therapy have a legal obligation to share that information with relevant professionals in line with the Safeguarding Children’s Act 2004.

2.8 Limitation of Liability
(a) You agree that the limitations on our liability as set out in this agreement are reasonable having regard to the nature of your instructions and the work involved and the availability and cost of professional indemnity insurance. We are, however, happy to consider options to increase these limitations, should you so require (which may result in an increase to our fees).
(b) We will undertake the work relating to your matter with reasonable skill and care.
(c) We accept liability without limit for the consequences of fraud by us or any of our Regulated Principals Consultants or Employees which is affected in their capacity as Regulated Principals, Consultants or Employees and for any other liability which we are not permitted by law or rules of professional conduct to limit or exclude. If any part of this agreement which seeks to exclude, limit or restrict liability (including provisions limiting the amount we will be required to pay or limiting the time you have to bring a claim) is found by a court to be void or ineffective for any reason, the remaining provisions shall continue to be effective.
(d) We will not be liable under this agreement or laws of negligence for any deficiencies in the work we have undertaken if and to the extent that deficiencies are due to any false, misleading or incomplete information or documentation which has been provided to us (whether by you or any third party) or due to the acts or omissions of you or any third party. However, where any failure by us to identify any such false, misleading or incomplete information (or any failure by us to inform you that we have identified such information or any failure to act on your resulting instructions) constitutes negligence then we shall, subject to the other provisions of this agreement, remain liable for such failure.
(e) Despite anything else contained in this agreement, we are not under any obligation to act for you (or to continue to act for you) if to do so would breach any laws or professional rules. Therefore, we will not be responsible or liable to you for any loss which you or any other party may suffer as a result of our refusal to proceed with your matter where we would be in breach (or we reasonably believe that we would breach) of our legal obligations or our professional rules.
(f) Where we are instructed jointly by more than one party, the limit on our liability applies, in total, to all of you collectively (including anyone claiming through you or on your behalf).

2.9 Confidentiality, Privacy & Data Protection
(a) We keep information passed to us confidential and will not disclose it to third parties except as authorised by you or required by law. In certain circumstances the law requires us to disclose information relating to you (for example, payments of interest earned on a clients’ account may have to be disclosed under the EU Savings Directive). If on your authority we are working with other professional advisers or lawyers, we will assume that we may disclose any relevant aspect of your affairs to them.
(b) During the course of our work it may be necessary to discuss your case with other child experts in the NHS, local authorities or schools. Your acceptance of these Terms of Business amounts to your consent to us to disclose information which we consider necessary to progress your case.
(c) Where you provide us with fax or computer network addresses for sending material to, we will assume, unless you tell us otherwise, that your arrangements are sufficiently secure and confidential to protect your interests.
(d) We encrypt all confidential reports relating specifically to your child with passwords for protection.
(e) We will take reasonable steps to protect the integrity of our computer systems by screening for viruses on email sent or received. We expect you to do the same for your computer systems.
(f) We promise to respect the data we hold on you. All information that we hold concerning you as an individual will be held and processed by us strictly in accordance with the provisions of the Data Protection Act 1998.
(g) We will not, without your consent, supply your name and address to any third party except where: (i) It is necessary as part of the client case that we undertake; or (ii) We are required to do so by law.
(h) If you are an individual, you have a right under the Data Protection Act 1998 to obtain information from us, including a description of the data that we hold on you..
(i) We may correspond with you by email unless you advise us in writing that you do not wish us to do so. You acknowledge that email may not be secure. Email will be treated as written correspondence and we are entitled to assume that the purported sender of an email is the actual sender and that any express or implied approval or authority referred to in an email has been validly given. You consent to us monitoring and reading any email correspondence travelling between you and any mail recipient at Morph and Bloom Communication Therapy.
(j) We will aim to communicate with you by such method as you request. More often than not this will be in writing and email but maybe by telephone if it is appropriate.

2.10 Referrals to Third Parties
(a) If we recommend that you use a particular firm, agency or business, we shall do so in good faith and because we believe it to be in your best interests.
(b) If we recommend that you use a particular firm, agency or business, we shall not be liable to you for any advice you may be given by that firm, agency or business.

2.11 Hours of Business
(a) Our offices are open between 9.00am and 5.30pm, Monday to Friday, except bank holidays. We do not provide an out of office or emergency service to clients. The person responsible for your matter may, at his or her absolute discretion, provide you with a mobile telephone number, and may endeavour to take your telephone calls outside of office hours, but nothing he or she says should be interpreted as an agreement to routinely deal with your matter or to take your telephone calls outside of office hours.

2.12 Equality & Diversity
(a) We are committed to promoting equality and diversity in all of our dealings with clients, third parties and employees. Please contact us if you would like a copy of our Equality and Diversity Policy.
(b) If you have any special requirements in relation to the way in which you would like us to handle your work, (for example, if you consider yourself to have a disability) please let us know.

2.13 Rights of Third Parties
(a) A person who is not a party to this agreement shall not be entitled to enforce any of its terms.

2.14 Setting Standards
(a) We insist that all our staff meet certain standards with regard to client care. These standards include:
(i) Sending you copies of all important correspondence;
(ii) Returning your telephone calls during the course of the same day, if at all possible;
(iii) Dealing with correspondence of any sort promptly;
(iv) Writing letters to you and others in plain and concise language.
(b) To assist us in providing an efficient and effective service, we ask that you:
(i) In all communications quote the file reference name of your matter (which is set out at the top of each of our letters) and clearly address all written communications to the lead therapist of your case.
(ii) Leave clear telephone messages.
(iii) Notify us immediately of any change of your address, telephone number or other material information.
(iv) Notify us immediately if you are delayed or cannot attend an appointment.
(v) Respond to our requests promptly.
Declaration:
I understand I can contact Morph and Bloom Communication Therapy before signing the terms and conditions if I have any questions. I agree to Morph and Bloom Communication Therapy liaising with other professionals when it is in my child’s best interests. I agree to Morph and Bloom Communication Therapy using video/audio as necessary in my child’s speech and language therapy sessions as described above. I understand that Morph and Bloom Communication Therapy will be storing and processing my child’s personal information as described above. I give consent for Morph and Bloom Communication Therapy to use email as a form of communication with me and other professionals as described above.
Signed:
Date: