Terms & Conditions
360 Visualise Terms, Conditions and Service Level Agreement
In these terms and Conditions “360” means 360 Visualise Limited whose registered office is IDC. Valley Drive. Ilkley. LS29 8PB and “Client” means the person firm or company for whom 360 is providing the services.
By agreeing to 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.
1 Definitions
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, lock out 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.
2 Services
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.
2.2 Unless agreed otherwise the performance of the Services by 360 shall, as far as 360 is able, be as follows:
2.2.1 provision of x-ray scan – next working day after patient’s x-ray is taken
2.2.2 analysis 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
2.2.3 provision of a drilling guide – Dependant on protocol
2.2.4 conference 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.
2.3 In 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
2.4 Where 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.
2.5 360 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 Fees
3.1 Unless 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.
3.2 In 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.
3.4 In 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.
3.5 In 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 Client’s Obligations
4.1 The 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.
4.2 360 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.
4.3 Notwithstanding 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.
4.4 The 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.
4.5 Reporting: To comply with IRMER 2000 regulations radiographs and CT scans should be reviewed by the referring practitioner or by a radiologist. This can rule out the possibility of coincidental pathology. We recommend this service and are happy to offer a report via a consultant radiologist. A charge will be made for this service depending on the region of interest. Unless you a referring dentist and request this service on our referral form we will assume that as the IRMER referrer/operator you are adequately trained to report on my patient’s scan.
4.6 Service Level Agreement: Under the Service Level Agreement. Dental CBCT images will be reported by the referring practice, the referring practice will then be responsible for ensuring the clinical evaluation takes place and is properly recorded.
5 Confidential Information and E-mail Communications
5.1 360 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.
5.2 The restrictions contained in clause 5.1 shall cease to apply to information which:
5.2.1 is available (otherwise than through the default of the provisions of clause 6.1 above) to the public generally at the time of disclosure;
5.2.2 is 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;
5.2.3 is required to be disclosed by law, by any court order, or by any competent statutory or regulatory authority.
5.3 360 undertakes to safeguard all records of the Client and the Client’s patients whether in writing or in the form of electronic data.
5.5 360 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
6.1 360 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.
6.2 360 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.
6.3 360 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.
6.4 360 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.
6.5 The 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 [ ].
6.6 Notwithstanding 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
7.1 This 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.
7.2 Either party may terminate this agreement by giving 14 days written notice to the other:
7.2.1 if 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;
7.2.2 if 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.
7.3 In 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 Force majeure
8.1 If 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 Notices
9.1 Any 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
10.1 The 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.
11 360 Visualise /MyCBCT Policy for sharing scans
11.1 360 Visualise protocol for sharing sensitive patient information, including sharing patient’s scans with other dental practices:
11.2 Obtain the patient’s or referring dentists informed consent: Before sharing any patient information, obtain written email consent from the patient.
11.3 Explain to the patient what information will be shared and with whom, and obtain their permission on a consent form.
11.4 Verify the identity of the person requesting the information: Verify that the person requesting the patient’s information is authorised to receive it. You can do this by asking for identification or contacting the other dental practice to confirm their identity. Determine the need-to-know basis: Share only the minimum necessary information required to accomplish the intended purpose of the request. For example, if a dental practice needs a patient’s X-rays, only provide the X-rays and not the patient’s entire dental history. Use secure methods to transmit the information: Ensure that the information is transmitted securely using the mycbct secure online portal.
11.5 Avoid transmitting sensitive information via unsecured methods such as regular email.
Keep records of disclosures: Keep a record of all disclosures of patient information, including the date, the purpose of the disclosure, and the information that was disclosed. This can be helpful in case of a breach or if the patient requests a record of their disclosures.
11.6 Follow applicable laws and regulations. See Protocol PD/ICO 16.1.23 By following these protocols, you can help ensure that patient information is protected and shared appropriately.
12: Service Level Agreement (SLA)
12.1 This Service Level Agreement (the “Agreement”) is entered into as of the date of the referral, by and between 360 Visualise, a company registered in the United Kingdom having its registered office at [360 Visualise Address] IDC. Valley Drive. Alley. LS29 8PB, and [Referring Dentist Name], a qualified dentist having his/her practice at [Referring Dentist Address] (“Referring Dentist”).
WHEREAS, 360 Visualise operates a Cone Beam Computed Tomography (CBCT) scanning centre offering dental CBCT scanning services;
12.2 WHEREAS, Referring Dentist desires to refer patients to 360 Visualise for CBCT scans and confirms has completed the Level 1 Referral Training as required by 360 Visualise;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
12.3 Scope of Services
360 Visualise shall provide dental CBCT scanning services to the patients referred by Referring Dentist in accordance with the terms and conditions set forth in this Agreement.
12.4 Referring Dentist Qualifications
Referring Dentist represents and warrants that they:
a) Are a licensed and qualified dentist in good standing with the relevant dental licensing authority;
b) Have completed the Level 1 Referral Training for dental CBCT scans as required by 360 Visualise; and
c) Will maintain their qualifications and training throughout the term of this Agreement.
Referral Process
12.5 Referring Dentist agrees to refer patients to 360 Visualise for CBCT scans by following the referral process established by 360 Visualise, including the use of referral forms and compliance with any applicable data protection and patient privacy regulations.
12.6 Service Levels
360 Visualise commits to providing the following service levels:
a) CBCT scans will be performed within 30 business days of receiving a complete and accurate referral;
b) Scan results will be delivered to Referring Dentist within 3 business days of completing the scan; and
c) 360 Visualise will provide technical support and assistance to Referring Dentist in relation to the CBCT scans and their interpretation, as needed.
12.7 Fees and Payment Terms
Referring Dentist agrees to pay 360 Visualise the fees for the CBCT scanning services as set forth in the Company’s fee schedule, which may be amended from time to time. Payment terms are 30 days from the date of invoice.
12.8 Confidentiality
Both parties agree to maintain the confidentiality of any patient information and proprietary business information shared in the course of providing or receiving the services described in this Agreement.
Term and Termination
12.9 This Agreement shall commence on the date first above written and shall continue for an initial term of one (1) year. Thereafter, this Agreement shall automatically renew for successive one (1) year periods unless either party provides written notice of its intent not to renew at least thirty (30) days prior to the expiration of the then-current term. Either party may terminate this Agreement upon written notice if the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same.
12.10 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of United Kingdom, without regard to its conflicts of law principles.