TERMS & CONDITIONS & THE WAY WE WORK
Outlined below are the Terms and Conditions that apply to treatments and interventions given by staff from ERGO OTS Ltd (“ERGO”) to Clients referred by organisations e.g., professional deputies, solicitors, charities, individuals, councils and housing associations. ERGO is a private limited company registered in England under number 6246969 and whose registered address is c/o JP Rata, 20-21 Bath Place, Taunton, Somerset, TA1 4ER
1. Definitions and Interpretation:
- In these Terms and Conditions, unless the context otherwise requires, the following expressions are defined as:
“Client” is defined as the person receiving the treatment
“Family / carers” may also be indirectly treated especially where the person is dependent on them for their day-to-day needs
“Consent to Treatment” must be given by the Client unless they are deemed unable, i.e., lack capacity to make this decision. See following NHS information on consent or ask us for our handout.
Consent may be withdrawn or withheld at any time by the Client. The treating Therapist will always endeavour to check that the Client is consenting to interventions. If someone is acting on behalf of a Client, the relevant documentation (e.g., Lasting Power of Attorney for Health and Welfare) must be shown to ERGO and a copy taken for our records
“Treating Therapist” is the person who is directly responsible for the clinical Occupational Therapy treatment or Case Management
“Counselling” Please refer to our separate terms and conditions available on request.
“Communication” this may be face to face, by phone, letter or by email. Our preference is by secure email and our secure generic address is PM@ergo- ots.co.uk
“Payee” is defined as the person settling the invoice if the Client is not doing this themselves
“Decision maker” is the person who will receive the reports and recommendations and
ultimately make the decisions. This is usually the Client; however, the Payee must give consent to any expenditure in terms of ERGO time or equipment
2. Referral Process
2.2 All referrals must be confirmed in writing by the Client &/or Payee and the written T&Cs agreed. This is usually accomplished via the relevant Consent Form / Payee
Some areas of work have a Referral Form for the Payee to complete e.g., Housing Association Referral Form.
2.3 Referrals without forms should include the following details:
- Full name and contact details of the Client (and Payee if different) including phone numbers and email addresses (if applicable)
- Who the Decision Maker is and who will receive reports / recommendations and in what format these are required, g., verbal, email, formal report
- Confirmation that the Decision Maker is aware of the costs involved in the treatment and has the authority to pay invoices within the required period. Please refer to the separate quotation sent to you by ERGO
- The full nature of the disability/injuries and the specific request g., one-off assessment to determine the requirements of the Client and to send in a proposal for treatment with costs
- Supporting clinical documentation e.g., Medical, Case Management, Expert Witness Report, Accommodation or Equipment Reports
- Any hazard / safety warnings concerned with the case
- Recommended method of making contact for appointments with the Client
- Contact details of other professionals involved with any relevant information or restrictions about contact with them
- Any other information the referrer feels relevant
2.4 On receipt of the referral the Therapist / Manager will make contact with the relevant person(s) to set up an initial appointment and will notify the Decision Maker of the same
At the appointment we usually agree a recommended initial action plan and timeline with the Client, possibly to be confirmed later with Payee / Decision Maker Report(s) may be written at this point depending on the agreement at the referral stage Equipment trials, joint visits with contractors, visits to assessment centres and the like may be part of the recommendations. It is not possible to list all possible treatment recommendations in these Terms, but the options will be given to the relevant people after the appointment(s
Appointments may be face to face, remote (e.g., Zoom, Whats App) or indirect (Giving advice and guidance to people supporting the client).
Periodic reports and action plans (formal or informal) will be presented to the relevant people to keep them appraised as agreed at the time of referral and periodically throughout the intervention
3.1 Fees vary depending on the type of work. Some have a fixed fee, others are payable by the hour / part-hour. Please refer to the relevant quotation sent to you by ERGO
3.2 One-off visits will usually generate a report with recommendations which will be accompanied by an itemised invoice for the work involved. One-off reports may be issued in draft format only until payment is received3.3
3.3 On-going interventions will be invoiced periodically depending on the nature and intensity of the interventions. All admin connected with the case is chargeable on an hourly/part hourly basis (e.g., phone calls, emails, research on products, preparation, liaison with other team members, meetings)
3.4 Payment terms and instructions (including BACS details) are clearly written on each invoice with a notice that a 10% surcharge may be levied for late payment of Payment is required within 28 days from the receipt of our invoice. This time interval may only be altered by mutual agreement.
3.5 Change of Payee must be notified to ERGO immediately so new Payee consents can be put in Please note failure to do so will result in the original Payee remaining responsible for settling our invoices.
3.6 Travel time and mileage are chargeable, but where possible we will try and share these costs between Clients in the same area and we may be able to offer up to 50% If you would like to do this, please discuss timetabling with your treating Therapist/Manager. Other related costs e.g., overnight accommodation, parking & tolls are charged at cost.
4. Cancellation (by Client/Carer)
May be chargeable depending on the reason for the cancellation and any costs incurred by ERGO in the As a general indication:
- 7+days ahead, no charge unless preparations have already been undertaken, then hourly fee applies plus any expenses (e.g., travel tickets)
- 3-7days 25% fees payable
- 1-2days 50% fees payable
- Less than 24hrs 100% fees payable
5. Involvement of other professionals
Over the years we have developed strong working ties with many professionals and contractors. At times we may recommend making contact with them. However, we are not responsible for their conduct or fees, and it is totally your decision and responsibility if you engage them. We strongly recommend you get written quotations from them before agreeing to their involvement
6. Safe working environment for our Therapists / Staff
- We ask smokers to refrain from smoking for 1hr prior to the Therapist visiting and during the visit We also ask people to refrain from any intoxicating substances which could affect performance during the Therapist / Manager’s visit.
- We love most pets, but if pets are nervous of strangers or unpredictable, we ask for appropriate measures to be taken to ensure our staff’s
In line with our lone working policy, we may contact Therapists while out on visits to confirm their safety.
Please notify us immediately if you are aware of any other potential risks or hazards to our Staff when visiting (e.g., neighbour’s vicious dog!)
If during a visit our Staff identify a possible risk of harm to the Client or others, we may need to break confidentiality and notify appropriate authorities.
We adhere to all professional and government guidelines with regard to COVID-19
7. Providing the Services
- As required, we will provide the Services with reasonable skill and care, consistent with best practices and standards in the Occupational Therapy and Case Management, and in accordance with ERGO best practice
8. Availability of the Treating Therapist
- The Therapist will give you their contact details (mobile phone and personal work email address) and will keep you informed of any times when they are not available
e.g., holidays or attending courses and what to do if you need to someone during these times. Please note their phone may go to voicemail when driving or with other Clients. Feel free to leave a message and they will call you back when free.
9. Complaints about our services
- We hope that you will never have a need to complain about the treatment you are However, we are required by our professional body to notify you of our Complaints Procedure.
- In the first instance you should approach your treating Therapist/Case Manager and discuss your concerns with them. You may do this verbally or in writing, whichever is best and easiest for Don’t let a little niggle build.
- If you are unable to resolve this with them, please write or email Fiona Reeks, Director of ERGO at the above address outlining your concerns. She will then contact you directly to
- If you still have concerns, you may contact the Royal College of Occupational Therapists or the Health & Care Professions Council for advice on how to handle and address your
9.5 Events outside of our control
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
10. Other Important Terms
- We may transfer (assign) our obligations and rights under these Terms and Conditions to a third If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not assign responsibility of obligations under this contract to a third party nor is such a person entitled to enforce any provision of these Terms and Conditions
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other
11. Legislation, Best Practise Guides & Policies
- We are bound by current Legislation in England and Wales and Best Practise Guidelines in working with If you have any questions or would like to discuss these Terms and Conditions before agreeing to them, by signing the relevant Consent Form and Payee Form (if relevant), please feel free to do so. By commencing treatment, you are consenting to these Terms & Conditions.
12. The General Data Protection Regulation (GDPR) Compliancy
ERGO is committed to ensuring that your privacy is protected. Should we ask you to provide information by which you can be identified, you can be assured that it will only be used in accordance with this privacy statement.
You may request details of personal information which we hold about you in line with the General Data Protection Regulation.
We are requested to comply by informing you of:
How your information is collected
Via email, by letter, telephone calls, meetings, your company website, by referral and from delegates sheets gained from attending conferences.
How your information is stored
We use secure cloud-based storage, recognised and approved by ICO for the storing of documents.
Who your information is shared with
We will not distribute, sell or lease personal information to third parties unless we have your strict permission or are required by law to do so.
What security measures we have in place
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place secure electronic systems in line with
ICO recommendations. Sensitive information is password protected and we have managerial procedures in place to safeguard and secure the information we collect.
How you can access your information
You may request details of personal information which we hold about you. If you would like a copy of the information held on you, please write to Fiona Reeks, at ERGO, 6 Aginhills Drive, Monkton Heathfield, Taunton, Somerset, TA2 8XD.
How long we keep your information for
Data collected will be kept throughout the period of our working relationship. Following this, information it will be kept securely for a further 7 years, and in litigation cases, until all proceedings have concluded.
How you can opt-out and request to be deleted from our files
All marketing materials and information are provided with the opt-out facility. You may request to withdraw or be deleted from our files, by emailing our administrator at PM@ergo-ots.co.uk. Further Information about Data Subject’s rights can be found here – https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/