Dentistry HR Terms & Conditions

FMC TERMS OF SERVICE

These terms and conditions (the “Terms“) are the terms which apply when you, the Customer, place orders for our services from time to time. If we accept your order, we will enter into a contract with you (“the Contract”), which will set out the specific services we are providing to you (“Services”) and the charges you owe us for providing these Services (“Charges”).

Where to find information about us and our services

You can find everything you need to know about us, Finlayson Media Communications Limited (“FMC”), and our services on our website (https://fmc.co.uk/) before you order. We will also confirm the key information to you in writing by email.

When you buy from us you are agreeing that:

• We only accept orders when we have checked them.
• Sometimes we reject orders.
• We charge you when we accept your order.
• You agree to pay the Charges when they are due and we charge interest on late payments.
• We pass on increases in VAT.
• We are not responsible for delays outside our control.
• You are purchasing the Services recorded in the Contract details as a business customer and not as a consumer.
• We are not providing legal advice.
• You are entering a contract for the term stated in the Contract details, and which renews automatically unless you or we terminate it.
• We can change the content in the materials and these terms.
• We can withdraw content from the materials altogether.
• We don’t compensate you for all losses caused by us or our materials.
• We use your personal data as set out in our Privacy Notice.
• You have several options for resolving disputes with us.
• Other important terms apply to the Contract.

We only accept orders when we have checked them

We contact you to confirm we have received your order, and we accept it when we let you know how to access the materials or to receive the Services you have ordered, or when the content is made available for you to access via our website.

Sometimes we reject orders

Sometimes we reject orders, for example, because the material was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when we accept your order

The first payment is due on the invoice start date stated in the Contract, and subsequent payments are due as stated in the Contract details.

You agree to pay the Charges when they are due and we charge interest on late payments

You agree to pay the Charges on the date the Charges are due. If we are unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the Services we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We are not responsible for delays outside our control

If our supply of the Services is delayed by an event outside our control, such as technical issues with the platform or where are updating the material available on the site, we will contact you as soon as possible to let you know, and we will do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team to end the contract and receive a refund for you have paid for in advance but not received.

You are purchasing the Services recorded in the Contract details as a business customer and not as a consumer

You are a business customer. We do not provide the Services to consumers or individuals.

We are not providing legal advice or visa advice

We provide Services which are compliant with applicable laws and ACAS best practice, including providing advice and policies as set out in Schedule 1 of the Contract, but our Services do not include providing legal advice, such as advice on employment law or competition law.

Should a notification for early conciliation or an Employment Tribunal claim be made, you are expected to source external employment law advice. We would not attend employment tribunals on your behalf.

You are entering a contract for the term stated in the Contract details, and which renews automatically unless you or we terminate it

Your contract with FMC is for the contract term stated in the Contract details starting on the Services Start Date (the “Initial Term”). After the Initial Term the Contract shall automatically renew for additional 12-month periods on the same terms, save that either of us may terminate the Contract by giving the other at least three months prior notice (by email or post), such notice to expire no earlier than three months after the end of the Initial Term.

If you choose to cancel the Contract before the end of the Initial Term, we can keep any payment you have made in advance, and you must pay us the remainder of the Charges that would have been payable to us for the Initial Term if you had not cancelled the contract.

If you have any questions, please contact our Customer Service Team.

We can change the materials and these terms

Changes we can always make. We can always change the materials we provide to you as part of the Services:

• to reflect changes in relevant laws and regulatory requirements;
• to implement minor technical adjustments and improvements, for example to address a security threat, as long as these changes do not affect your use of the materials; and
• to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

Changes to the Services and the Charges.

The Charges are as stated in the Contract details for the Initial Term. After the Initial Term, we reserve the right to increase the Charges annually in line with changes in the published Consumer Price Index over the previous 12 months.

If we increase the Charges above the Consumer Price Index, we will notify you at least one month in advance. If you do not agree to the increase in the Charges, you can cancel the contract by giving us notice prior to the date that the Charges increase is effective.

We can offer additional services or enhanced Services to you during the term of the Contract. You do not need to accept the offer, but if you do, we can increase the Charges that you must pay us.

We may need to suspend the supply of Services to you in order to make changes or to deal with technical problems.  If so, we will contact you in advance to tell you we are suspending access to the Services, unless the problem is urgent or an emergency. If we suspend the access to the Services for longer than 7 consecutive days in any 3-month period, we will adjust the Charges so you do not pay for the Services while they are suspended. If we suspend access to the Services, or tell you we are going to suspend access, for more than 14 days you can contact our Customer Service Team to end the contract, and we will refund any sums you have paid in advance for content you won’t receive.

We can withdraw Services

We can stop providing the Services. We will let you know at least 14 days in advance, and we refund any sums you have paid in advance for materials which won’t be provided.

We can end our contract with you

We can end our contract with you for the provision of the Services and claim any compensation due to us if:

• you do not make any payment to us when it is due and you still do not make payment within 7 days of our reminding you that payment is due;
• you do not, within a reasonable time of us asking for it, provide us with information, co-operation or access that we need to provide the services; or
• you provide us with incorrect information, or commit any fraud or dishonesty.

We retain ownership of all intellectual property rights in the materials we provide as part of the Services.

FMC grants you, a non-exclusive licence during the term of the contract to use the materials for your own business purposes.You shall not sublicense, assign or otherwise transfer the rights granted in this clause. This licence is granted to one dental practice only and the intellectual property rights granted may not be used across more than one dental practice.

Any rights granted under the licence to use or download the materials during the term of the contract shall cease on termination or expiry of the contract. You have no rights to download or access the content after the contract with FMC has ended or to use it for any other purpose.

We do not compensate you for all losses caused by us or our supply of the Services.

Nothing in these Terms limits any liability which cannot legally be limited, for instance for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to the above neither you nor we shall be liable for any of the following, however they may arise:

1. special, indirect or consequential loss or damage;
2. loss of profits;
3. losses arising from any CQC inspection or the consequences of such an inspection; or
4. loss or corruption of software, data or information.

FMC’s total liability to you shall not exceed the total Charges payable by you in the year in which the breach occurred.

We use your personal data as set out in our Privacy Notice

We use any personal data you give us as set out in our Privacy Notice: https://www.fmc.co.uk/privacy-policy/.  In respect of personal data that we process on your behalf as a processor (if applicable), the provisions of Schedule 2 to the Contract will apply.

You have several options for resolving disputes with us

Complaints. Our Customer Service Team will do their best to resolve any problems you have with us or our services.

Resolving disputes without going to court. Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to our customer service team through our website in the first instance.

You can go to court. These Terms are governed by English law and wherever you live you can bring claims against us in the English courts.

Other important terms apply to the Contract

Nobody else has any rights under the Contract. The Contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of the Contract, the rest of it will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing the Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that does not mean we cannot do it later.

Unless you tell us otherwise, you agree we may use your name, logo and branding on our social media platforms for marketing purposes.