Terms and Conditions – Patients

Registered in England and Wales, Company No.  11154229

1         Definitions

Agreement – This Agreement as varied from time to time. Also referred to as “Terms and Conditions”. Agreement and Terms and Conditions are used interchangeably.

Authorised User – a system user acting on behalf of a Patient subject of the system. Person or persons granted permission to manage and access the Patient’s account.  An Authorised User can utilise the account.

Clinical Provider – a person who is qualified or registered to practise a particular health or medical profession including complementary therapies such as physiotherapy, osteopathy and chiropractors.  This is also referred to as a Practitioner, Practitioners who specialise in a particular area may also be referred to as a specialist or consultant.

Data Controller – the natural or legal person, public authority, agency or any other body which alone or jointly with others determine the purposes and means of the processing or personal data

Data Processor – a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller

Information – Information, including Personal Information, provided by you during the Portal Account activation process or subsequently, or provided by the Clinical Provider or organisation, for the purposes of: managing and administering your Portal Account and product and services for you; or providing other products or services subsequently offered to you by us.

Patient – a person who is receiving health or medical care, or who is cared for by a particular practitioner from time to time.

Patient Billing Portal – The area on the Website that allows you to have secure online access to manage your payments and related information and online consultations.

Patient Billing Website – www.patientbilling.co.uk or as communicated by us from time to time.

Password – The password used for secure access purposes when using the Patient Billing Portal and the Website.

Personal Information or Personal Data- means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly in particular by reference to an identifier such as a name, and identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person

Transaction – the process by which a Patient makes a payment, or other engagement with Patient Billing (such as video consultations, sharing of documents or other services from to time being introduced), using Patient Billing products.

Transaction Amount – The full transaction amount, including any associated fees.

We, us or our – Patient  billing Limited

You, your – you the Patient, or Authorised User entering into this Agreement unless otherwise specified.

2         General

2.1        We provide online products and services to Clinical Providers, organisations, Patients and Authorised Users in consideration of the mutual exchange of services contained herein.

2.2        Please read this Agreement carefully before you activate your Patient Billing Portal Account.  This information forms the Agreement for use of the Patient Billing Portal and your use of the Patient Billing services made available to you.  By checking the “I accept” box and activating your Patient Billing Portal Account you agree to be bound by these Terms and Conditions and to ensure that you comply with them.

3         Agreement and Severability

3.1        These Terms and Conditions contain the entire Agreement between us in relation to the use of Patient Billing products and services.  No other written or oral representations or variations made will be incorporated in to these Terms and Conditions or have any legal effect, and we shall not have any liability for such unless signed by a director of business.

3.2        If at any time any part of these Terms and Conditions is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from thee Terms and Conditions and the validity and/ or enforceability of the remaining provision of these Terms and Conditions shall not be in any way be affected or impaired as a result of that omission.

4         Product features

4.1        We provide an online portal to Patients to securely manage payments, receive online consultations and other services that may be introduced from time to time.

4.2        We collect fees on behalf of the Clinical Provider or organisation, provide secure online video consultations and document exchange amongst other services that we introduce from time to time.  We provide a secure Patient Billing Portal Account access via the Patient Billing Website.  Upon activation of a Patient Billing Portal Account features for Patients offered through Patient Billing Portal may include but may not be limited to: view your outstanding invoices; view payment history, attend pre-arranged consultations via online video; set alerts and notifications for your Patient Billing Portal Account; view and update your information; and change your Patient Billing Portal Account password and security settings.

5         Activating and using the Patient Billing Portal

5.1        During the activation of you Patient Billing Portal Account you will be asked to provide a valid email address that is legally and securely under your control, to be used as a username for accessing the Patient Billing Portal.

5.2        During the activation of your Patient Billing Portal Account you will be asked to provide a Password.  You must choose a secure Password which satisfies our password policy and which would not be easily guessed by others. We may require you to change your Password from time to time.

5.3        During the activation of your Patient Billing Portal Account you will also be given the option to enable two-step verification which would require signing in with a Password and a verification code.

5.4        The Password should not be revealed to anybody else and it is your responsibility to keep your sign in details safe and to protect your Password.  This includes responsible use and secure use of shared computers.  You must notify us immediately if you believe another person may have attempted to access your Patient Billing Portal Account, or intends to attempt do so.

5.5        We will provide the Patient Billing Portal to you on the basis of the Information that you have provided.  You agree to provide accurate Information and to update any changes to your Information.

5.6        If we are unable to satisfactorily verify your identity and address from information provided by you, we may suspend your access to the Patient Billing Portal.

5.7        You are responsible for: the safekeeping of your Patient Billing Portal Account including Password security; all use of your Patient Billing Portal; all information provided from your Patient Billing Portal Account; and fees or charges that your Patient Billing Portal Account may incur.

6         Patient Billing Portal Account

6.1        Patient Billing Portal Account includes but is not limited to the collections service provided by us for financial healthcare and/or medical related purposes. It is operated as a stored value account payment service, but it is not a credit, charge, debit or savings account. 

6.2        You may add payment items to your basket and pay for them in full at checkout using a valid payment method.

6.3        Payment methods used must be linked to valid accounts, to which you have a legal right of use.

6.4        Credit or debit card payments are usually applied immediately following a successful authorisation of a Transaction from your card.

6.5        We reserve the right to report all suspected fraud to the appropriate authorities including sharing transaction data and Information with any relevant parties, to the fullest extent necessary to help prevent and detect crime.

7         Our property rights

7.1        We retain all right, title and interest in Patient Billing products and services, including all copyright, trademarks, patents and all other intellectual property rights.

8         Disclosing and sharing Information

8.1        We will only disclose your information to other parties in the following limited circumstances

a)     where we are legally obliged to do so, e.g. to law enforcement and regulatory authorities

b)     where there is a duty to disclose in the public interest

c)     where disclosure is necessary to protect our interest e.g. to prevent or detect crime and fraud

d)     in order to provide the services used by you e.g. the processing of card payments
where you give us permission to do so e.g. on an application form

8.2        We use reputable agents (data processors) to fulfil services on our behalf, e.g. payment service providers and acquiring banks for the authorisation and settlement of credit and debit card transactions. We will provide information to those agents specifically for use in connection with those services. The information that we provide to them will be protected by a confidentiality agreement and is to be used solely for fulfilling the service. These agents are certified to the relevant payment industry international data security standards, are required to process the information in accordance with the DPA and will only do so in accordance with our specific instructions. We use a third-party hosting company to manage the servers and store the data and for the data subject’s assurance, this company is ISO27001 accredited. They do not access any Patient Billing data for the purposes of providing their services to us

9         Force Majeure and Viruses

9.1        Neither party shall be liable for any delay or failure to perform any of its obligations under these Terms and Conditions if such delay is due to any cause beyond the party’s reasonable control including, without limitation, interruption of Internet services.

9.2        Patient Billing shall take all reasonable steps in accordance with computing industry practice to prevent viruses or other malicious code infecting Patient Billing products and services, including the use of industry standard anti-virus software.  You acknowledge that, to the extent any virus or malicious code is not known to or detected by such anti-virus software, Patient Billing shall have no liability in relation to the same.

9.3        You agree to ensure that any computing equipment from which you access Patient Billing products and services is running industry standard anti-virus software which has fully up to date virus definitions and that such computing equipment is regularly scanned for, and cleared of, viruses, worms, trojans, ‘spy-ware’, ‘ad-ware’ or other malicious code.

10      Your liability and responsibilities

10.1     You hereby agree that you will only use your Patient Billing Portal Account and any other products or services we provide to you, strictly in accordance with this Agreement.

10.2     You are responsible for: the safekeeping of your Patient Billing Portal Account including Password security; and all Information provided via your Patient Billing Portal Account and to update any changes to your Information.

10.3     You will remain fully and solely liable for: all use of your Patient Billing Portal Account.

10.4     You agree not to copy the Patient Billing Website or the Patient Billing Portal without our written permission, nor infringe the intellectual property or content copyrights of us or any third parties connected with us nor use your Patient Billing Portal access to aid in the development of a competitive product or service, nor will you allow any third party to access the Patient Billing Portal for these purposes, and nor will you use the services in connection with any business or commercial purpose.

10.5     You agree to take all reasonable measures to preclude us from being made a party to any lawsuit or claim regarding Patient Billing products and services or your use of them, and will indemnify us and hold us harmless, from and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement or fraudulent use of your Patient Billing Portal Account.

11      Our liability and responsibilities

11.1     We provide the services to you subject to your statutory rights but otherwise provided without any warranty or condition, express or implied, except as specifically stated in this Agreement.

11.2     We will use reasonable endeavours to provide the service in an accurate and timely manner and maintain the availability of the service for you, to keep any money held by us as part of a Patient Billing Client Account, and to hold those funds in a dedicated Holding Account at an onshore UK bank in Pounds Sterling, ring fenced from the main business accounts and protected from creditors, to maintain valid certification under the Payment Card Industry Data Security Standard (PCI DSS), to maintain security of the systems and data in line with appropriate industry standards.

11.3     We do not guarantee availability of the service and cannot be held responsible for any downtime or difficulties in accessing the service.

11.4     Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:

11.5     we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to: an inability to process Payments; an inability to an inability to connect successfully with or exchange data with payment gateways; and failure of any data processing systems including those of third parties;

11.6     we shall not be liable for any loss of profits, goodwill, business, contracts revenue or anticipated savings, or any indirect, consequential, special or punitive losses, even if we are advised of the possibility of such loss or damages;

11.7     where the Patient Billing Portal is faulty due to our default, our liability shall be limited to provision of a new Patient Billing Portal Account;

11.8     To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

11.9     The above exclusions and limitations set out in this paragraph 13 shall apply to any liability of our affiliates or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.

11.10 Except in relation to liability for death or personal injury caused by our negligence or fraudulent misinterpretation, our total aggregate liability to you under these Terms and Conditions shall be limited to five hundred pounds sterling (£500).

12      Variations

12.1     We may modify this Agreement, by notifying you by email (provided you have supplied us with an up-to-date email address), or via a Patient Billing Portal notification. The variations may be posted on our website (www.Patient Billing.co.uk) and/or otherwise communicated to you. 

12.2     Continued use of your Patient Billing Portal Account 30 days after the date of such posting or communication or your first use of the Patient Billing following the updated Agreement being published on the Patient Billing Website is conclusive of your acceptance of the Terms and Conditions as modified.

13      Termination or suspension

13.1     We can terminate this Agreement at any time if we give you two months’ notice.

13.2     We can terminate this Agreement at any time with immediate effect if you have breached this Agreement or we have reason to believe that you have or intend to use the Patient Billing Portal in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process Transactions due to the actions of third parties.

13.3     We can suspend access to your Patient Billing Portal Account  at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if we discover any of the information that you provided to us when you applied for, or updated Information in a Patient Billing Portal Account, was incorrect or if a Transaction has been disputed or reversed without our consent or if you have a negative Account Balance which is not rectified immediately upon our notifying you or if you have breached this Agreement or if we have reason to believe that you have, or intend to use the Patient Billing Portal in a grossly negligent manner or for fraudulent or other unlawful purposes; if we cannot process your transactions due to the actions of third parties.

13.4     In the event that we do suspend or terminate your access to Patient Billing Portal then if we are able to do so, we will tell you in advance otherwise we will let you know immediately afterwards, except where doing so may compromise any on-going investigation or conflicts with industry best practice.
In the event that any additional fees are found to have been incurred following termination, then subject to this Agreement, you shall refund to us any sum which relates to Patient  billing Limited including any fees and/or charges validly applied whether before or after termination. We will send an invoice to you and will require you to refund us immediately. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

14      Governing law and jurisdiction

14.1     These Terms and Conditions shall be governed by, and construed in accordance with, the laws of England.

14.2     All disputes or claims or matter relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts to which both parties irrevocably submit