Twins Medical Services
Terms and Conditions of Business
Effective Date: 1 July 2024
These Terms and Conditions ("Terms") govern the provision of all services by Twins Medical Services ("the Company", "we", "us", "our") to any individual, organisation, NHS Trust, NHS Foundation Trust, Integrated Care Board (ICB), Local Authority, Government Department, private healthcare provider, event organiser, company or other entity ("the Client", "you", "your").
By requesting, authorising, booking or receiving any services from Twins Medical Services, whether verbally, electronically, by email, telephone, purchase order or any other means, the Client confirms that these Terms have been read, understood and accepted and shall form a legally binding contract.
1. Acceptance of Terms
1.1 These Terms are deemed accepted immediately upon a booking being requested, authorised or made.
1.2 No signature shall be required for these Terms to become legally binding.
1.3 The provision of any service by Twins Medical Services shall constitute conclusive evidence that these Terms have been accepted.
1.4 These Terms shall prevail over any conflicting terms unless expressly agreed in writing by a Director of Twins Medical Services.
2. Services
Twins Medical Services may provide, but is not limited to providing:
Ambulance Services
Non-Emergency Patient Transport
High Dependency Transport
Secure Transport
Event Medical Cover
Medical Staffing
Standby Ambulances
Inter-Facility Transfers
Specialist Medical Transport
All services remain subject to operational availability.
3. Bookings
3.1 Bookings shall only be confirmed once acknowledged by Twins Medical Services.
3.2 The Client warrants that the individual making the booking has full authority to bind the Client financially.
3.3 Any booking made verbally, electronically, via NHS systems, purchase order or email shall be legally binding.
3.4 Where services are requested urgently, the Client accepts these Terms immediately upon dispatch of resources.
4. Cancellations
Cancellation charges shall be calculated using the total booking value.
Less than 10 days' notice – 100%
10–14 days – 50%
15–28 days – 35%
29–59 days – 25%
60 days or more – 20%
Postponements or amendments may be treated as cancellations at the Company's discretion where resources have already been allocated.
5. Pricing
5.1 Unless stated otherwise, all prices are exclusive of VAT.
5.2 Additional charges may apply for:
Waiting time
Delays outside the Company's control
Additional mileage
Out-of-hours services
Specialist equipment
Clinical upgrades
Scope changes
Additional staffing requirements
6. Invoicing and Payment Terms
6.1 All invoices are payable within 30 calendar days of the invoice date.
6.2 These payment terms apply without exception to NHS Trusts, NHS Foundation Trusts, Integrated Care Boards, Local Authorities, Government Departments, private organisations and all other Clients.
6.3 The organisation or individual requesting, authorising or making the booking ("the Booking Party") shall remain solely and unconditionally liable for payment of all invoices regardless of:
- internal recharge arrangements;
- funding disputes;
- purchase order issues;
- invoice approval procedures;
- disputes between departments;
- disputes between NHS organisations; or
- third-party funding arrangements.
6.4 Where a Purchase Order (PO) is required by the Client's internal procedures, it is the Client's sole responsibility to obtain and provide a valid PO. Failure to provide a PO, an incorrect PO, an expired PO or any failure within the Client's procurement or finance systems shall not affect the Client's legal obligation to pay for Services requested, authorised or received.
6.5 Time for payment shall be of the essence.
6.6 No payment may be withheld, delayed, reduced or set off against any alleged claim unless agreed in writing by Twins Medical Services.
6.7 Any undisputed element of an invoice shall remain payable in accordance with these Terms.
6.8 If payment is not received by the due date, Twins Medical Services reserves the right to charge:
(a) Statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended);
(b) An administration charge of £2.50 plus VAT (where applicable) per transport, for each day or part of a day that payment remains outstanding, representing the Company's reasonable administration, financing, credit control and debt recovery costs arising from late payment, to the extent permitted by law.
6.9 The Client shall indemnify Twins Medical Services against all reasonable legal fees, debt recovery costs, collection agency fees, tracing costs, court fees, enforcement costs and other professional expenses incurred recovering overdue sums.
6.10 Twins Medical Services may immediately suspend or refuse future services where any invoice remains overdue.
6.11 Twins Medical Services may require payment in advance where previous invoices have been paid late or where, in the Company's reasonable opinion, there is an increased risk of non-payment.
6.12 Twins Medical Services' dispatch records, booking records, telephone recordings, emails, CAD records, vehicle GPS records, crew documentation, patient care records (where applicable), delivery records and invoices shall constitute prima facie evidence that Services were requested, authorised and provided unless the Client demonstrates otherwise with clear evidence.
6.13 Any dispute regarding an invoice must be notified in writing within 14 calendar days of the invoice date together with full supporting details. Failure to do so shall constitute acceptance of the invoice. Any dispute shall not affect the obligation to pay all undisputed amounts by the due date.
7. Client Responsibilities
The Client shall:
provide accurate booking information;
ensure patients are suitable for transport;
provide safe access;
ensure collection and destination points are safe;
notify Twins Medical Services of any clinical risks before transport.
8. Event Medical Cover
The Client remains responsible for:
Event Risk Assessments;
Regulatory Compliance;
Adequate welfare facilities;
Safe working environments.
9. Clinical and Operational Safety
Twins Medical Services reserves the right to refuse, suspend or terminate any service where:
staff safety is threatened;
abusive or violent behaviour occurs
incorrect information has been supplied;
transport is clinically inappropriate;
operational circumstances make the service unsafe.
No liability shall arise from such refusal where reasonably exercised.
10. Liability
10.1 Twins Medical Services shall exercise reasonable skill and care in providing the Services.
10.2 Subject to applicable law, the Company's total liability arising out of or in connection with the Services shall not exceed the total fees paid for the specific Services giving rise to the claim.
10.3 Twins Medical Services shall not be liable for indirect or consequential losses, including loss of profit, loss of revenue, loss of contracts, business interruption or reputational damage.
10.4 Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
11. Force Majeure
Twins Medical Services shall not be liable for delays or failure resulting from circumstances beyond its reasonable control including severe weather, road closures, industrial action, major incidents, pandemics, fuel shortages, equipment failure or acts of God.
12. Data Protection
All personal information shall be processed in accordance with the UK GDPR, the Data Protection Act 2018 and all applicable healthcare confidentiality obligations.
13. Entire Agreement
These Terms, together with any written quotation accepted by the Client, constitute the entire agreement between the parties and supersede all previous discussions, negotiations and representations.
14. Variation
No amendment to these Terms shall be effective unless made in writing and signed by a Director of Twins Medical Services.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Waiver
Failure by Twins Medical Services to enforce any provision of these Terms shall not constitute a waiver of any future right to enforce that or any other provision.
17. Governing Law and Jurisdiction
These Terms shall be governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute arising from these Terms or the Services provided.
18. Insurance
18.1 Twins Medical Services shall maintain appropriate insurance cover, including Public Liability Insurance, Employers' Liability Insurance and, where applicable, Professional Indemnity Insurance.
18.2 Upon reasonable written request, the Company may provide evidence of its insurance.
18.3 The Client shall maintain any insurance reasonably required in connection with the Services.
19. Confidentiality
19.1 Both parties shall keep confidential all commercially sensitive, operational, financial and business information obtained during the provision of the Services.
19.2 This obligation shall survive termination of the agreement.
20. Intellectual Property
20.1 All quotations, policies, documentation, procedures, transport records, training materials, branding, logos, operational documents and intellectual property produced by Twins Medical Services remain the exclusive property of the Company.
20.2 Nothing within these Terms transfers ownership of any intellectual property to the Client.
21. Subcontracting
21.1 Twins Medical Services reserves the right to appoint suitably qualified subcontractors or partner organisations to deliver all or part of the Services.
21.2 The use of subcontractors shall not relieve Twins Medical Services of its obligations under these Terms.
22. Delays Beyond Our Control
22.1 Twins Medical Services shall use reasonable endeavours to meet agreed attendance and collection times.
22.2 Attendance times are estimates only and are not guaranteed.
22.3 The Company shall not be liable for delays arising from traffic congestion, adverse weather, road closures, hospital delays, patient delays, emergency incidents, vehicle breakdowns, fuel shortages or any other operational circumstance outside its reasonable control.
23. Waiting Time
23.1 Where a vehicle or crew is required to wait beyond the agreed collection or discharge time, the Company reserves the right to charge waiting time at its prevailing rates.
23.2 Waiting time shall commence from the agreed booking time unless otherwise agreed in writing.
24. Violence and Aggression
24.1 Twins Medical Services operates a zero-tolerance policy towards violence, threats, abuse, harassment, discrimination or aggressive behaviour directed towards its staff.
24.2 The Company reserves the right to withdraw staff immediately where their safety is considered to be at risk.
24.3 The Client shall remain liable for all charges incurred up to the point the Services are withdrawn.
25. Termination
25.1 Twins Medical Services may terminate or suspend any agreement immediately where:
(a) invoices remain overdue;
(b) false or misleading information has been supplied;
(c) staff safety is threatened;
(d) there is a serious breach of these Terms.
25.2 Termination shall not affect any payment obligations that have already accrued.
26. Notices
26.1 Any notice required under these Terms shall be served by email or recorded delivery to the last notified business address of the receiving party.
26.2 Notices sent by email shall be deemed served on the same Business Day if transmitted before 5:00 pm, otherwise on the next Business Day.
27. Assignment
27.1 The Client may not assign or transfer any rights or obligations under these Terms without the prior written consent of Twins Medical Services.
27.2 Twins Medical Services may assign or transfer its rights or obligations where reasonably required.
28. Compliance with Laws
28.1 Both parties shall comply with all applicable legislation, regulations and statutory obligations relating to the Services.
28.2 The Client warrants that all instructions given to Twins Medical Services are lawful.
29. Electronic Communications
29.1 The Client agrees that emails, electronic booking systems, NHS booking portals, text messages and electronic records may be relied upon as evidence of instructions, bookings and contractual acceptance.
30. Version Control
These Terms and Conditions are Version 2.0.
Effective Date: 1 July 2024.
Twins Medical Services reserves the right to amend these Terms at any time. Updated Terms shall apply to all future bookings from their published effective date