Terms and Conditions
- Definitions and Interpretations
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- "Client" refers to an individual, company, organisation or entity who becomes registered by Vet Neuro Specialists Ltd or purchases a service or package from Vet Neuro Specialists Ltd.
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- "Responsible Vet" refers to the veterinary surgeon who is responsible for the care of the animal in respect of which the Services are provided. Such an animal patient is “under his care” as defined by the Royal College of Veterinary Surgeons. (https://www.rcvs.org.uk/setting-standards/advice-and-guidance/code-of-professional-conduct-for-veterinary-surgeons/)
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- "Case" pertains to the details of an animal, including all client materials related to that case provided by the client to Vet Neuro Specialists Ltd (in respect of which the Services are provided).
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- “Client Materials" includes all documents, images, records, or any other information provided by the client relevant to the case.
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- "Confidential Information" encompasses all information provided or otherwise made available by the client to Vet Neuro Specialists Ltd or by Vet Neuro Specialists Ltd to the client, that is marked as confidential or is reasonably understood to be treated as confidential. This includes but is not limited to the service output, and client materials.
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- "Services" denotes the services that are to be provided by Vet Neuro Specialists Ltd selected by the client and accepted by Vet Neuro Specialists Ltd (expressly or by the commencement of the services).
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- “Service Output” refers to any report, documents or material or any advice (whether written or given orally) provided to the client by Vet Neuro Specialists Ltd in the course of providing the services.
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- "Report" refers to the specialist advice provided by Vet Neuro Specialists Ltd to the client regarding a particular case, whether it is provided in oral form, written manually or electronically.
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- "Advice" refers to the specialist recommendations and guidance whether in written or oral form offered by Vet Neuro Specialists Ltd as part of the service output.
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- “Contract" signifies the agreement between Vet Neuro Specialists Ltd and the client for the provision of services incorporating these Terms and Conditions.
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- "Fees" represent the charges applicable for the purchase of the services and packages rendered by Vet Neuro Specialist or on behalf of Vet Neuro Specialists Ltd. The Client shall also be responsible for any sales tax or VAT chargeable on the Fees.
- Supply of Services and service output
Our duties:
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- Vet Neuro Specialists Ltd shall provide remote veterinary specialist advice to clients in accordance with the rules of veterinary practice in the United Kingdom.
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- The veterinary surgeons working at Vet Neuro Specialists Ltd are subject to the Royal College of Veterinary Surgeon’s Code of Professional Conduct.
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- Vet Neuro Specialists Ltd provides services only to clients who are licensed and qualified Veterinary Surgeons within the jurisdiction from where they are registered to work.
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- Services shall be provided with reasonable care, skill, and diligence by qualified veterinarians responsible for the case upon the terms of this agreement.
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- Vet Neuro Specialists Ltd shall use all reasonable endeavours to perform the Services within the estimated timeframe agreed upon between Vet Neuro Specialists Ltd and the client. However, these timeframes are estimates only.
Client Responsibilities
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- The Client is responsible for acquiring and keeping all essential licenses, registrations, permissions, and consents necessary for receiving the Services. Throughout the duration of this Agreement, the Client must adhere to and ensure compliance with all relevant laws, especially those pertaining to the examination, diagnosis, and treatment of animals.
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- The Client is responsible for providing accurate and complete information regarding the case to facilitate the provision of the services. The Client shall ensure that the Client Materials are accurate in all material respects and are of sufficient detail and quality to allow Vet Neuro Specialists Ltd to perform the Services. Vet Neuro Specialist will not be liable for any injury or fatality suffered by an animal as a consequence of incomplete, inaccurate or delayed information from the client or agent providing information on behalf of the client.
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- The case remains under the care of the Responsible Vet at the client’s practice or company. Vet Neuro Specialists Ltd is not liable for the application of the advice provided to the client. It is the client’s responsibility to verify that the advice (and any other applicable Service Output) provided is applied by the Responsible Vet in line with their professional duties and all the local licensing rules and laws.
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- The Client is responsible for the storage of the client’s original patient materials. Vet Neuro Specialists Ltd shall not be responsible for maintaining, storing or returning Client Materials unless otherwise agreed in writing between the parties.
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- The Client shall ensure that the Client Materials are accurate and of sufficient detail and quality to allow Vet Neuro Specialists Ltd to perform the Services.
Service Output
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- Vet Neuro Specialists Ltd may service output in the form of oral or written advice or in the form of an audio or video record. Vet Neuro Specialists Ltd owns and shall retain ownership of all intellectual property rights in the Service Output.
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- The Client shall not reproduce or publish any Service Output without the prior written consent of Vet Neuro Specialists Ltd.
- Client Material
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- Clients retain ownership of all client material provided to Vet Neuro Specialists Ltd, granting necessary permissions for its use in relation to the services provided.
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- Vet Neuro Specialists Ltd shall handle client material with confidentiality and only utilise it for the purpose of delivering the agreed-upon services.
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- Vet Neuro Specialists Ltd shall be entitled to maintain and store Client Materials and shall have the right to publish anonymised Client Materials for publicity, lecturing, training or other purposes.
- Fees and Payment
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- Clients shall pay the fees for the services rendered by Vet Neuro Specialists Ltd as per the agreed-upon terms.
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- Fees are exclusive of any applicable taxes and shall be paid within the specified timeframe.
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- Save as otherwise agreed between Vet Neuro Specialists Ltd and the Client, Vet Neuro Specialists Ltd shall invoice the Client for the Fees after providing the relevant Services and the Client shall pay all Fees validly invoiced within 14 days of receipt of such invoice. In some cases, payment may be required in advance. In such case, a written estimate will be provided prior to the Services being provided.
- Liabilities
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- Except as expressly set out in the Contract, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract.
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- Vet Neuro Specialists Ltd shall not be liable for any indirect, consequential, or incidental damages arising from the provision of services, except in cases of gross negligence or willful misconduct.
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- Vet Neuro Specialists Ltd shall use reasonable care and skill in providing the Services.
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- Vet Neuro Specialists Ltd is not responsible for any losses which are not directly caused by any breach of Contract or which were not reasonably foreseeable at the time of Instructions being given.
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- The total liability of Vet Neuro Specialists Ltd, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the client for the services in question. Vet Neuro Specialists Ltd excludes liability for any pure economic loss.
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- Vet Neuro Specialists is insured by the Veterinary Defence Society (VDS) in relation to the Advice and the Client agrees that any claim brought by the Client shall be referred by Vet Neuro Specialists to VDS.
- Confidentiality
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- Both parties shall maintain the confidentiality of all Confidential Information exchanged during the provision of services and shall not disclose it to any third party without prior consent.
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- Confidential Information shall not include information already in the public domain or independently developed by either party.
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- The parties agree that the Confidential Information may be disclosed:
- to any employees, consultants, representatives or advisers of that party who need to know the information provided they are subject to equivalent obligations of confidentiality; and
- to the extent that such disclosure is required by law, by any court of competent jurisdiction or by any regulatory or administrative body.
- The parties agree that the Confidential Information may be disclosed:
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- The parties acknowledge that the Confidential Information will cease to be subject to the provisions of clause 8.1 to the extent that it is or becomes publicly known other than through any act or omission of the receiving party or was in the other party's lawful possession before the disclosure or is lawfully disclosed to the receiving party by a third party without restriction on disclosure.
- Term and Termination
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- The contract between Vet Neuro Specialists Ltd and the client shall commence upon acceptance of these terms and conditions and shall remain in effect until terminated by either party in accordance with the agreed-upon terms.
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- Either party may terminate this Agreement without cause by giving the other party one (1) month’s prior written notice.
- Either party may terminate the contract with immediate effect if the other party breaches any material term and fails to remedy such breach within a reasonable timeframe of thirty (30) days; or
- is unable to pay its debts; or becomes insolvent; or is subject to an order or a resolution for its liquidation, administration, winding up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; or enters into or proposes any composition or arrangement with its creditors generally; or ceases or threatens to cease business; or is subject to any analogous event or proceeding in any jurisdiction.
- Either party may terminate this Agreement without cause by giving the other party one (1) month’s prior written notice.
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- Upon termination of this Agreement:
- any provision of this Agreement which is expressly or by implication intended to survive expiry or termination of this Agreement shall survive and continue in full force and effect; and
- all amounts then owed to Vet Neuro Specialists Ltd (including any fees incurred but not yet invoiced) shall immediately become due and payable.
- Upon termination of this Agreement:
- Rights of Third Parties
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- Vet Neuro Specialists Ltd and You mutually agree that the Contracts (Rights of Third Parties) Act 1999 is excluded concerning all dealing between us under these terms and conditions.
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- These terms and conditions do not confer any rights or benefits upon any third party, and no third party shall have the right to enforce any provision of these terms and conditions.
- Governing Laws and Jurisdiction
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- These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
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- Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
By accepting these terms and conditions, you acknowledge and agree to be bound by the provisions outlined herein.