Opus Pharmacy Services Ltd

Website Terms and Conditions effective from 28th January 2017

 

1. Definitions

In these Terms and Conditions the following expressions shall have the following meanings:

1.1  Unless the context otherwise requires:

(a)    References to “you” and “your” are to the client instructing us

(b)   References to “we”, “us, “our” and the like are to Opus Pharmacy Services Ltd;

1.2 “Opus” or “Opus Pharmacy Services” means Opus Pharmacy Services Ltd with company number 5128360, and registered address at 9 Upper Church Lane, Farnham, Surrey GU9 7PW .

1.3 “Agreement” means the agreement in the agreed form to be entered into by Opus and the Client for the purpose of regulating the goods and services to be provided by Opus to the Client, whether as a written contract (in paper or electronic form) or verbal contract.

1.4 “Client” means the person, company or other legal entity identified as providing a request or instructing Opus to supply the Services.

1.5 “Confirmation Date” means the date of execution of the Contract

1.6 “Days” means each day of the week, including Saturday and Sunday but excluding Bank Holidays;

1.7 “Intellectual Property” means;

(a)  all training materials, course manuals, patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights, rights in data, moral rights, rights protecting confidentiality and rights protecting goodwill and reputation and other rights in the nature of intellectual property rights (whether registered or unregistered)

(b)  all other rights and forms of protection having a similar nature or effect anywhere in the world to any of the rights described in (a) above

(c)  applications for or registrations of any of the rights described in (a) or (b) above; and

(d)  the right to apply for registration of any of the rights described in (a) or (b) above;

1.8 “Invoice Date” means the date stated on the invoice provided by Opus to the Client in respect of the Services rendered;

1.9 “Price” means the price quoted in respect of the Services, as agreed between the parties;

1.10 “Month” means the equivalent date of the Invoice Date in the following calendar month and each month thereafter:

1.11 “Services” means the goods or services to be provided by Opus to the Client under the terms of the Agreement.

 

2. Terms of Business

2.1 These Terms of Business (together with any contract as the case may be) set out the terms and conditions upon which we agree to be engaged by you, to the exclusion of all other terms that you or we may purport to apply in connection with our engagement (unless otherwise agreed in writing between you and us).

 

3. Prices

3.1 The Price payable for the Services shall be the price agreed by Opus and the Client on or before the Confirmation Date unless otherwise expressly stated and shall be confirmed in writing.

3.2 The Price is exclusive of all expenses unless expressly stated. Opus reserves the right to invoice to the Client all reasonable expenses in respect of travel, accommodation, food and other reasonable related expenses incurred during the provision of the Services, but only if expressly agreed between the parties in advance of the Services being provided.

3.3 All Prices are exclusive of Value Added Tax .

3.4 All Value Added Tax will be charged in accordance with the taxation laws of England and Wales as in force from time to time.

3.5 Where a face-to-face course is to be delivered by Opus to the Client, the following travel policy shall apply, where this has been raised in advanced to the Client, by Opus:

1. OPUS will endeavour to procure a Pharmacist Trainer local to the customer venue to deliver any requested face-to-face training. The cost of any Pharmacist travel within 100 miles round trip of the Client venue shall be borne by OPUS.
2. Where it is not possible to find a Trainer located within 50 miles of the Client venue, the Client shall be charged for reasonable travel expenses which shall be procured in line with the below:
   1. OPUS shall endeavour to find the most cost-effective method of travel to the customer venue which may include any or a combination of the following:
      1. Second class rail travel
      2. Car
      3. Taxi
      4. Economy class flight.

1. OPUS shall also consider the environmental impact of any travel options and consider this when making a travel proposal to any customer.
2. OPUS shall charge a Client the face value of any travel option, without mark up or additional administrative fees.
3. Travel by car over 100 miles round trip per day’s course, will be charged at 45p per mile for total mileage over 100 miles.
4. Where overnight accommodation is required, OPUS shall endeavour to arrange accommodation that is cost effective, whilst also being a safe place to stay, akin to the price and standard of a Premier Inn.
5. Subsistence shall be charged up to a maximum of £20 for an evening meal and £15 for breakfast where an itemised receipt is provided. No receipts for alcohol will be charged.
6. OPUS shall provide an estimate of chargeable travel or subsistence expenses to the Client prior to the course. Final costs will not exceed the amount originally quoted, and where actual costs are less than shown in any quote, OPUS will charge the lesser amount.

4. Terms of Payment

4.1 For the provision of Services, payment is required to be made by cheque or bank transfer (BACS) within 5 days of the Invoice Date, unless expressly stated otherwise on the relevant invoice.

4.2 For the supply of E-learning (including distance learning workbooks), payment is required to be made through the Opus website via credit / debit card for individuals or via invoice for organisations pre-authorised with Opus, with payment to be received with 5 days of the Invoice Date.

4.3 Opus is entitled to charge interest at the statutory rate (pursuant to the Payments of Commercial Debts (Interest) Act 1998 as amended by the Late Payment of Commercial Debts Regulations 2013, both as in force from time to time) or pro-rated for each part thereof on payments not received within 30 Days of the Invoice Date.

 

5. E-Learning

E-Learning is supplied under the terms of the Software Licence and Services Agreement as provided by Opus and displayed on the Opus website. All terms provided for in the Software Licence and Services Agreement must be complied with both before commencement and throughout the duration of the Software Licence and Services Agreement.

 

6. Cancellation Policy

6.1 Opus reserves the right to charge the following in the event of cancellation of a face-to-face or virtual learning Pharmacist-led course, where cancellation is requested by the Client:

• More than 2 weeks in advance of the agreed training date: No charge
• Less than 2 weeks in advance of the agreed training date: 50% of minimum price
• Less than 1 week in advance of the agreed training date (but not on the date): 75% of minimum price including any trainer travel where incurred
• On the agreed training date: Full Price including trainer’s travel if incurred

 

7. Liability

7.1 Our liability to you;

7.1.1 We will use all reasonable endeavours to ensure that all elements of the course we have agreed to provide as part of our contractual obligations are carried out with reasonable care and skill.

7.1.2 Regarding the supply of any goods and services, we are not liable to you or any member of your party for any injuries, liabilities or any other losses incurred, except where it is expressly stated within these Terms and Conditions. Our total liability to anyone presenting a claim, relating to a negligent act by us, shall not exceed the total cost of the course.

7.2 Your liability;

7.2.1 In entering the Agreement, you do so voluntarily and with the knowledge that if, as a direct result of your actions, you or any member of your party have any accident, injury or other incident it is entirely your responsibility and you hereby indemnify Opus Pharmacy Services, its Directors and Agents in full against any claim brought about by you, a member of your party or a third party.

7.3 Variations;

7.3.1 Occasionally it may become necessary to adapt these Terms and Conditions. If this happens you will be advised of the changes.

 

8. Intellectual Property Rights

There will be no transfer of the Intellectual Property Rights or other proprietary rights of Opus.

 

9. Force Majeure

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: Act of God, governmental act, war, fire, flood, explosion or civil commotion.