In these terms and Conditions “360” means 360 Visualise Limited whose registered office International Development Centre. Valley Drive. Ilkley. LS29 8PB and “Client” means the person firm or company for whom 360 is providing the services.
By signing these terms and conditions the Client will be deemed to be bound by them and no services shall be performed by 360 except in accordance herewith. In the case of any conflict between these conditions and those of the Client, these conditions will prevail.
These terms and conditions together with 360’s List of Prices, Menu of Services and any letter confirming a patient’s appointment form the entirety of the agreement between the parties. No other agreement, representation, promise, undertaking or understanding of any kind unless expressly confirmed in writing by an authorised representative of 360 shall add, vary or waive any of these Conditions.
360 reserves the right to amend these terms and conditions together with its List of Prices and Menu of Services upon giving at least 14 days notice to the Client.
In this Agreement the following expressions shall, save where the context otherwise requires, have the following meanings:-
“Fee” means the sum of set out in 360’s price list to be charged by 360 for the provision of the relevant Services.
“Force Majeure” means, in relation to either party, any circumstances beyond the reasonable control of that party (including, without limitation, any act of God, fire, act of government or state, war, civil commotion, insurrection, strike, lockout or other form of industrial action)
“Services” means the service or services from 360’s Menu of Services which the client has requested 360 to perform.
- 360 shall allocate sufficient resources in order to provide the Services to the Client and shall, at all times, carry out the Services with reasonable care and skill.
2.2Unless agreed otherwise the performance of the Services by 360 shall, as far as 360 is able, be as follows:
2.2.1provision of x-ray scan - next working day after patient’s x-ray is taken
2.2.2analysis of x-ray scan -2 – 3 working days after patents x-ray is taken or receipt of patients x-ray if taken by a third party
2.2.3provision of a drilling guide -
2.2.4conference to advise - 4 - 5 days from the request for a conference and/or the receipt of the patient’s x-ray
but time for performance of the Services shall not be of the essence and 360 shall not be liable for any delays howsoever caused.
2.3In respect of requests for x-ray scans 360 shall send to the Client a letter confirming the date and time of the appointment with the Client’s patient and confirming whether payment is to be made by the Client or by the Patient
2.4Where the Client requests 360 to provide any Services in connection with an x-ray scan that has been taken by a third party then 360 will provide the Services on condition that the x-ray scan is of diagnosable quality and 360 shall have the right to request a further w-ray scan in the event that the x-ray scan provided to 360 is not, in its opinion, of diagnosable quality.
2.5360 shall provide x-ray scans and, if requested, advice relating to those scans for the purpose only of assisting the Client in relation to the provision of dental implants to the Client’s patient. 360 shall not be responsible for providing any other advice and shall not be responsible for undertaking any other medical checks or diagnoses or for identifying or advising on any other matters or medical conditions which may appear on the x-ray scans.
3.1Unless it has been agreed that the Client’s patient will pay the Fee directly to 360 then, in consideration of 360 providing the Services to the Client, the Client shall pay to 360 the Fee.
3.2In addition to the amount payable, the Client shall, on provision by 360 of a valid tax invoice, pay any Value Added Tax properly payable on the invoice. All invoices are payable within 14 days of the invoice date and 360 reserves the right to charge interest at the rate of 4% above the base rate of HSBC bank on any amount which are overdue for payment.
3.4In the event that the Client fails to make payments in accordance with the provisions of this Clause 3 360 shall be entitled, without prejudice to any other rights it may have, to suspend the provision of any further Services (in whole or in part) that may be requested without liability until payment in full of all outstanding sums has been made.
3.5In the event that it has been agreed that the Client’s patient will pay the Fee directly to 360 then 360 will take payment from the Client’s patient prior to the x-ray scan being taken.
4.1The Client confirms that it will provide all relevant documents and information, including but not limited to the provision of consent form signed by the patient, in a timely manner to 360 and that 360 will be given access to all relevant information of the Client and the Client’s patient to enable it to provide the Services.
4.2360 shall not be liable for any which arise as a result of any inaccuracies of inadequacies in any documents or information provided by the Client to 360.
4.3Notwithstanding the fact that 360’s x-ray room is regulated and has the relevant protection devices the Client agrees that the x-ray is taken under the clinical governance of the Client.
4.4The Client must follow and adhere to any instructions and advice given by 360 and 360 will not be liable or responsible for any errors, omissions or faults relating to the patient’s treatment which arise as a result of the Client’s failure to follow such instructions or advice.
5:Confidential Information and E-mail Communications
5.1360 recognises that it may be necessary for the Client to disclose information of a confidential nature including but not limited to personal and medical information relating to the Client’s patient and business information relating to the Client’s business. 360 agrees to treat as secret and confidential and not at any time for any reason, except with the approval of the Client or the Client’s patient as the case may be to disclose or permit to be disclosed to any person or otherwise make use of any such confidential information and will, if requested by the Client or the Client’s patient as the case may be, immediately deliver up or destroy all material containing such confidential information.
5.2The restrictions contained in clause 5.1 shall cease to apply to information which:
5.2.1is available (otherwise than through the default of the provisions of clause 6.1 above) to the public generally at the time of disclosure;
5.2.2is acquired from a third party (other than agents, employees, representatives or persons acting on behalf of the other party) having a bona fide right to disclose such information;
5.2.3is required to be disclosed by law, by any court order, or by any competent statutory or regulatory authority.
5.3360 undertakes to safeguard all records of the Client and the Client’s patients whether in writing or in the form of electronic data.
5.5360 may communicate by electronic mail. The e-mails are not encrypted before they are sent and therefore are at risk of being intercepted intentionally of by accident and read by a third party. 360 shall have not liability for any such interception nor for any loss or damage arising out of such interception.
6:Warranties and Limitation of Liability
6.1360 shall not be liable, whether by way of indemnity or by reason of breach of contract, tort, breach of statutory duty or otherwise for any consequential or indirect loss of whatever nature suffered by the Client or the Client’s patient or for special damages or loss of profit.
6.2360 shall not be liable for any loss or damage suffered or incurred by the Client and/or the Client’s patient arising as a result of the Client’s default, error, negligence or failure to follow 360’s instructions and/or advice.
6.3360 shall not be liable for any failure to diagnose or identify any matters or medical conditions or potential medical conditions other than those that relate to the provision of dental implants.
6.4360 shall not be liable for any delayed or partial or total non-performance of the Services arising directly or indirectly from any event outside 360’s control.
6.5The aggregate liability of 360 in respect of contract, tort or breach of statutory duty or otherwise for loss or damage arising from or in connection with the provision of the Services shall be limited to [ ].
6.6Notwithstanding the above provisions nothing in this agreement shall be construed as limiting or excluding 360’s liability for death or personal injury resulting from its negligence.
7:Term and Termination
7.1This Agreement shall come in to force on the date set out at end of this Agreement and shall continue unless or until terminated by either party pursuant to the provisions of this clause 7 of this Agreement.
7.2Either party may terminate this agreement by giving 14 days written notice to the other:
7.2.1if that other party commits any material breach of this agreement and, in the case of a breach capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
7.2.2if that other party goes into liquidation, makes any voluntary arrangement with its creditors or becomes subject to an administration order, or an encumbrancer takes possession of any of its assets or a receiver is appointed over any of its assets or anything analogous to any of the foregoing occurs in relation to that other party.
7.3In the event that Client terminates this agreement other than pursuant to clause 7.2.1 the Client shall pay to 360 all Fees incurred up to the time of termination.
8.1If either party to this Agreement is prevented or delayed in the performance of any of its obligations under this Agreement by force majeure, and if such party gives written notice thereof to the other party specifying the matters constituting force majeure, together with such evidence as it reasonably can give and specifying the period for which it is estimated that such prevention or delay will continue then the party in question shall be excused the performance or the punctual performance as the case may be as from the date of such notice for so long as such cause of prevention or delay shall continue.
9.1Any notice required to be given hereunder by either party to the other shall be in writing and shall be served by sending the same by registered or recorded delivery post to the address of the other party as given herein or to such other address as that party may have previously notified to the party giving notice as its address for such service.
10:Governing law and disputes
10.1The construction validity and performance of this Agreement shall be governed in all respects by English Law and all litigation arising in any way out of or affecting this Agreement shall be subject to the exclusive jurisdiction of the English courts.
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