Practitioner terms and conditions - Ingress Healthcare

Practitioner terms and conditions

Whereas Ingress Medical Practices (Pty) Ltd - (Registration Number: 2018/469141/07) (“Ingress”) has entered into an agreement with a person registered in terms of the Health Professions Act 56 of 1974 (the “Practitioner”), and whereas Ingress and the Practitioner have entered into an agreement (the “Principal Agreement”) subject to these terms and conditions, the parties record such further terms and conditions here as follows:
  1. DEFINITIONS
    1. In this agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:
      1. Facility: a portion of the whole premises under the control of a third party from which a health care practice is ordinarily run, with provision of a consultation room, appropriate equipment, consumables and staff resources as set out in a Facility- specific appendix which shall be furnished on a case by case basis (“Facility-specific appendix”). This portion of the whole premises is to be utilised by the Practitioner for the purposes of this agreement
      2. Session: a predetermined period of 4 consecutive hours of usage of a Facility by a Practitioner (connected through Ingress with the third party in control of a Facility).
  2. TERMINATION OF AGREEMENT BY PRACTITIONER
    1. Should the Practitioner elect to terminate the Principal Agreement, he /she undertakes to honour any bookings for the use of a Facility which are in place at the time of notice of termination regardless of whether they fall due after the time of termination of the Principal Agreement, unless Ingress directs otherwise in writing.
  3. INGRESS SERVICES
    1. Ingress shall procure the usage of a Facility of an existing healthcare practice which shall be made available to the Practitioner on an sessional basis, as arranged between the Parties. A Facility shall be used by the Practitioner for the sole purpose of consulting with Ingress affiliated patients and rendering professional healthcare services.
    2. The Practitioner may be required to open a separate bank account for clinical practice and shall provide the bank with the necessary authority to grant Ingress all of the rights and powers it requires to effectively manage the Practitioner’s financial affairs relating to his/her clinical practice. The Practitioner undertakes not to transact on this account. The practitioner will be required to provide to Ingress’ elected third parties and/or agents viewing rights to his/her professional banking account for the posting and or allocation of revenue generated by his/her practice.
    3. Ingress shall provide the Practitioner with general practice administration services, including but not limited to, financial practice management and patient booking services.
    4. Ingress shall provide the Practitioner with training on software, systems and operations as is necessary to effectively make use of Ingress’s platforms.
    5. The Practitioner authorises and instructs Ingress to have access to and process the personal information of patients on its behalf as well as the Practitioner’s own personal information inasmuch as this is necessary for Ingress to render its services to the Practitioner.
    6. The Practitioner expressly authorises and directs Ingress to act as its agent for the purposes of administering claims to medical aid schemes, for the management of the Practitioner’s debtors, for collection from these debtors in relation to its professional practice, and for matters relating to the administration of the Practitioner’s professional practice in general. The Practitioner authorises Ingress to liaise with third parties and to give instructions to agents with respect to these functions as may be necessary for such administration, management and collection purposes. The Practitioner consents to Ingress appointing third parties and/or agents to assist in these respects where Ingress deems this advisable or beneficial.
    7. The Practitioner consents to Ingress using its name, image, and other identifying features for reasonable marketing purposes, including but not limited to the usage of photographic, videographic and audio material.
  4. PRACTITIONER UNDERTAKINGS
    1. The Practitioner agrees to the use of a Facility only for the Sessions booked via Ingress.
    2. The Practitioner undertakes to not make use of a Facility for any purpose or at any time apart from Sessions booked via Ingress.
    3. The Practitioner undertakes to undergo mandatory induction by Ingress prior to attending its first Session. Such induction shall include inter alia an overview of Ingress’s culture, ethos and brand, as well as practice management skills and skills necessary for making use of the tools necessary to participate in Ingress’s systems.
    4. The Practitioner undertakes to be bound by and comply with Ingress’s Practitioner Responsibilities document and Ingress’s Consumable Management Policy as will be issued to the Practitioner and updated from time to time.
    5. The Practitioner accepts responsibility for its own transport to and from a Facility and acknowledges that Ingress provides no transport services.
    6. The Practitioner commits to conducting itself professionally, which includes being on time for Sessions and for appointments with patients. The Practitioner is not to miss any Sessions booked via Ingress platform. In the event that the Practitioner misses a consultation with a patient without communicating with the patient, Facility and Ingress at least 24 hours prior to the consultation, the Practitioner shall be in breach of this agreement and agrees that Ingress shall be entitled but not obliged to terminate the Agreement with immediate effect and/or claim damages from the Practitioner as Ingress deems reasonable under the circumstances.
    7. The Practitioner undertakes to maintain registration with the Health Professions Council of South Africa (HPCSA) for the duration of this agreement and undertakes to notify Ingress immediately should such registration be discontinued, interrupted or lapse for any reason whatsoever. The Practitioner agrees that Ingress may refuse that the Practitioner make use of Ingress’s platform and/or a Facility for any period during which the Practitioner’s registration with the HPCSA has been discontinued, interrupted or has lapsed.
    8. The Practitioner shall not engage directly with any party, except through Ingress, in respect of the usage of a Facility to the exclusion of Ingress.
      Where a patient with whom the Practitioner does not having a prior booking through Ingress attends at a Facility during a Session and seeks to consult the Practitioner, the Practitioner shall:

      1. Inform the patient that the Practitioner is not affiliated with a Facility and is merely making use thereof on a temporary basis;
      2. Inform the patient that he/ she may prefer to return on another occasion to consult with the healthcare practitioner usually present at a Facility; and
      3. Enter the patient’s details into the Ingress diary and invoicing system, where the patient, having been advised in accordance with paragraphs 4.9.1 and 4.9.2 above, elects to consult the Practitioner in any event.
  5. A FACILITY
    1. For the purposes of this agreement, a Facility is constituted by one or more of the premises and practices as set out in a Facility-specific appendx
    2. The Practitioner may book Sessions at multiple Facilities depending on capacity but may not book conflicting Sessions. Additional sessional capacity may be provided at Ingress’s discretion, shall be dependant on Practitioner capacity and may carry an increased fee. Practitioners shall be required to accept such additional fee, if applicable, before accepting the additional sessional capacity.
    3. Usage of a Facility is inclusive of usage of those components indicated under a particular premises and practice’s details ina Facility-specific appendix. The usage of any portion of a particular premises and practice not identified in a Facility- specific appendix, including but not limited to any rooms or equipment, is to be arranged through Ingress prior to the Practitioner commencing a Session.
    4. The Practitioner may make use of the basic furniture available in a Facility (excluding any equipment where usage has not been specifically agreed to as contemplated under paragraph 5.3 above).
    5. The Practitioner acknowledges the restrictions on the usage of a Facility as indicated in a Facility-specific appendix and undertakes to comply therewith.
    6. The Practitioner agrees to limit the use of consumables available at a Facility to that indicated in appendix A to this agreement. Should the Practitioner wish to make usage of consumables available at a Facility in excess of what is provided for in appendix A, the Practitioner undertakes to arrange such further usage with the third party in control of a Facility directly.
    7. The Practitioner shall procure and make use of its own equipment and consumables (save as provided for in a Facilitiy- specific appendix and appendix A hereto) inasmuch as these are necessary and where the Practitioner has not come to an agreement with the third party in control of a Facility in those respects. Any such consumables or equipment which the Practitioner has procured themselves shall be kept at a Facility, if necessary and at the discretion of the third party in control of a Facility, for the duration of its Session/s only. Additional storage may be arranged directly with a Facility and at the discretion of a Facility. The Practitioner stores his/her equipment at their own risk.
  6. BOOKINGS, CANCELLATIONS AND TERMINATION
    1. The Practitioner shall book Sessions at a Facility directly with Ingress via e-mail, telephone or the Ingress online platform.
    2. The Practitioner undertakes to honour every Session booked through Ingress.
    3. It is the sole responsibility of the Practitioner to check the Ingress booking calendar on a regular (suggested daily but at least weekly) basis to ensure that it is aware of and prepared for bookings.
  7. USAGE OF FACILITY
    1. The Practitioner shall use a Facility for the rendering of professional healthcare services only.
    2. The Practitioner undertakes to conduct itself professionally and to maintain a professional appearance while ata Facility.
    3. Upon the expiry of the Practitioner’s Session/s, the Practitioner shall ensure that a Facility is kept and maintained in a good, clean and hygienic condition suitable for rendering of professional healthcare services.
  8. FEES
    1. The fee payable by the Practitioner to Ingress for the services rendered by Ingress shall be calculated in terms of Schedule 1 of this agreement.
    2. The Practitioner shall accurately record the use of all resources, consumables and inventory for the duration of the Session/s and submit such record to Ingress at the end of each separate Session via e-mail to admin@ingresshealthcare.co.za on the last day of each month.
  9. RESTRAINT OF TRADE
    1. The Practitioner acknowledges that in the course of this agreement they shall:
      1. acquire know-how and knowledge of the business of Ingress and its Facilities generally;
      2. have access to Facilities with whom Ingress does business, whether embodied in lists or otherwise;
      3. generally have the opportunity of learning and acquiring business connections, building relationships and other confidential information pertaining to Ingress and its associated Facilities.
    2. The Practitioner undertakes that for the subsistence of this agreement and/or for a period of 1(one) year from the date that this agreement is terminated for any reason whatsoever, the Practitioner shall not directly or indirectly at any place in the Republic of South Africa, whether for the Practitioner’s own account or as an agent, partner, shareholder, consultant, representative, and whether for direct or indirect benefit, for reward or otherwise:
      1. begin a business relationship with a Facility to the exclusion of Ingress;
      2. be interested in or concerned in any business or relationship which is directly or indirectly in competition with the business of Ingress or its associated Facilities;
      3. canvass, solicit, interfere with or entice any Ingress client or partner, nor shall the Practitioner attempt to do so.
      4. supply or make available or provide to third parties any materials, service or information which forms part of the systems and/or model of Ingress.
    3. The Practitioner further acknowledges and agrees that each undertaking given or restraint imposed in terms of this agreement is reasonable in its duration, area and scope of operation and is necessary for the protection of the proprietary interests of Ingress.
    4. Each of the undertakings set out in this clause is severable and may, at the sole discretion of Ingress, be enforced in whole or in part.
  10. LIABILITY
    1. The Practitioner indemnifies Ingress, its directors, shareholder and employees and holds it harmless for any loss, damage, or injury to any persons suffered at a Facility as a result of any act or omission by the Practitioner or Ingress.
    2. The Practitioner shall be liable to repair, at its own cost, any damage to a Facility or equipment, supplied by Ingress or a Facility, at a Facility caused through any act or omission by the Practitioner, including but not limited to theft of equipment or consumables.
    3. The Practitioner shall be liable to repair or replace at its own cost any damage or loss to any equipment provided to the Practitioner by Ingress, including but not limited to a laptop computer where applicable.
    4. It is the responsibility of the Practitioner to ensure that patient information is treated with strict confidentiality.
    5. The Practitioner expressly accepts that parking at a Facility, if available, will be at its own risk.
    6. The parties records that it is their understanding that Ingress serves as a practice management solution and bureau function and is entirely independent of the Practitioner’s professional health care practice. Ingress offers no medical service to patients.
    7. The Practitioner is responsible for maintaining its own professional indemnity insurance and for ensuring an adequate level of cover in that respect.
  11. ACKNOWLEDGMENT BY THE PRACTITIONER
    1. The Practitioner confirms that:
      1. It has read and understood the provisions of this agreement;
      2. The necessary clauses have been explained to it by Ingress;
      3. It has been advised of all its rights in terms of this agreement and all relevant sections of the Consumer Protection Act (no 68 of 2008), if any; and
      4. It enters this agreement freely and voluntarily.
  12. GENERAL TERMS
    1. No contract varying, adding to, deleting from or cancelling this agreement, and no waiver of any right under this agreement, shall be effective unless reduced to writing and signed by or on behalf of both Parties.
    2. Nothing in this agreement shall be construed as implying that the Practitioner is engaged as an agent, employee or beneficiary of Ingress or vice versa, or that the parties have entered into a partnership, joint venture or the like.
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