Terms of Service
This website is owned and operated by First Practice Management (FPM), a division of SRCL Ltd (a Stericycle Solution).
1. TERMS AND CONDITIONS OF SERVICE
1.1 First Practice Management (FPM) endeavours to provide its clients with the highest level of service at all times. These Terms and Conditions describe the way in which we provide our services and what we ask of our clients in return. Please take the time to read and understand them.
1.2 In these Terms and Conditions:
‘Agreement’ means these Terms and Conditions together with the terms of any order placed by you for Paid-for Services;
‘Added Value Services’ means basic versions of FPM Core which are provided free of charge to customers of FPM
‘First Practice Management (FPM), ‘we’, ‘us’ or ‘our’ refers to SRCL Limited trading as First Practice Management (FPM), Indigo House, Sussex Avenue, Leeds LS10 2LF
‘you’ or ‘your’ refers to a client of First Practice Management (FPM);
‘Paid-For Services’ means enhanced versions of FPM Core which may include additional content, training materials and training licences for which a fee is charged;
‘FPM Core’ refers to the online services and resources provided to customers of SRCL which are branded as ‘FPM Core’, as further described in section 2 below.
‘Shred-it’ means Shred-it Limited, a wholly-owned subsidiary of Stericycle;
‘SRCL’ means SRCL Limited, a wholly-owned subsidiary of Stericycle;
‘Stericycle’ means Stericycle Inc.;
2. SCOPE
2.1 We provide FPM Core to eligible FPM customers, subject to the terms and conditions contained herein. FPM Core include Added Value Services which are intended to enhance the core service offering to which they relate.
2.2 We may additionally offer Paid-for Services to customers of FPM Core.
2.3 The standard specifications for FPM Core are contained in the Service Descriptions which are set out in Annex 1 of these Terms and Conditions.
2.4 Please note that our Privacy Policy describes how we process any personal data that you provide to us.
3. CONTACT
3.1 We respond to all email communication from clients within five working days of receipt.
4. SERVICE DURATION
4.1 Added Value Services are provided free of charge to customers of FPM, for the duration of the customer’s service agreement with FPM.
4.2 Paid-For Services may be purchased on an annual licensed basis (‘Term’), and require an Order Form to be agreed and executed between you and us. By purchasing an annual licence of Paid-For Services you are entitled to full access to the Paid-For Service for the Term.
4.3 If you order more than one Paid-For Service during the Term, it will be provided for the remainder of the Term of the first Paid-For Service ordered, which may be less than 12 months.
5. PRICE
5.1 Prices charged in any quotation or invoice are exclusive of VAT, unless otherwise stated.
5.2 Annual licence charges may increase no more than once per calendar year by prior notice, which may be given in the form of an invoice.
6. PAYMENT
6.1 Paid-For Services will be invoiced and are payable on initial order. Unless specified otherwise in the original Order Form, licence fees are payable in advance in annual instalments, the first being due on order.
6.2 Payment is due within 30 days of receipt of each invoice. Prompt payment is crucial to us and is of the essence of this Agreement.
6.4 We reserve the right to suspend your Paid-For Service(s) if you do not pay us sums that are due and not subject to a genuine dispute within 30 days (or any alternative terms of payment that have been agreed explicitly by us in writing). No discount or refund applies unless we have previously agreed this in writing.
7. PERFORMANCE
7.1 We will deliver FPM Core all in a timely, professional and workmanlike manner using reasonable care and skill. If you have any concerns regarding our performance please contact our customer support team on mail@firstpracticemanagement.co.uk.
8. CANCELLATION AND AUTO-RENEWAL
8.1 You can cancel Paid-For Services by giving us at least 14 days’ written notice before the Term ends. No refunds are given for early cancellation. If, at the date when the cancellation has effect, the cancelled service includes unused resources such as training licences, these will be lost without compensation.
8.2 If you do not cancel Paid-For Services before your current Term ends, the Term will renew automatically for a further 12 months and a further 12 months’ charges will be due and payable.
See also clause 14.
9. COPYRIGHT
9.1 Copyright and ownership of FPM Core and all material that we produce as part of or in connection with those products, including but not limited to pre-contract documentation or in the form of text, images, research papers or electronically-stored code for the manipulation, transmission and presentation of information, belongs to us.
9.2 You agree to indemnify us, FPM against all liabilities costs, damage, damages and expenses which we or FPM or any of our group or parent companies or any of their directors and officers may incur as a result of content added to the site by you which infringes any third party’s copyright, patent or other intellectual or property right or as a result of your infringement of our intellectual property.
9.3 Similarly, all content in and/or supplied as part of our FPM Core services belongs to us, including any template policies and procedures that you are entitled to access as part of those products. You may not share any content with third parties under any circumstances, upload any content to third party websites or enable third parties to access such content for their own purposes. You may not sell, licence and/or commercially exploit any content.
9.4 You agree to indemnify us against all liabilities costs, damage, damages and expenses which FPM or any of our group or parent companies or any of their directors and officers may incur as a result of you sharing or uploading FPM Core content with third parties.
10. CONFIDENTIALITY
10.1 We will maintain the confidentiality of any confidential information that you disclose to us, save where disclosure is authorised by you or required by law, or the information is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
10.2 You must keep confidential any views or opinions that we provide to you as part of our service, and you must not share any views, opinions or correspondence received from us with any third party.
11. LIABILITY
11.1 We do not exclude or limit our liability for personal injury or death arising from our negligence or any other liability that we cannot legally exclude or limit. Subject to that, the following restrictions, exclusions and/or disclaimers apply to our potential liability to you in connection with the supply of FPM Core:
11.1.1 We shall not be liable to you by reason of any representation (unless fraudulent) or any implied warranty, condition or other item or any duty at common law, or under the express terms of this or any other contract, for any indirect, special or consequential loss or damage whatsoever, or any loss of profit, business, contracts or goodwill, costs, expenses or other claims for direct or indirect or consequential compensation whatsoever (and whether caused by the negligence of us, our employees or agents or otherwise);
11.1.2 All content of FPM Core, including without limitation any template policy or procedure, is provided as a tool enabling you to develop your own policies and procedures that are appropriate for your purposes, and we do not warrant or represent that any content is comprehensive, or compliant with applicable laws, or suitable for you or for any specific purpose. See further Annex 2.
11.1.3 To the extent permissible by law we do not accept liability for defects, errors or omissions in FPM Core or the failure or unavailability of software or for misconfiguration or misuse thereof, or for any errors or omissions in, or failure to update, content.
11.1.4 Reminders of the provisions of this clause 11 may be contained within the FPM Core functionality and/or content, for example when you choose to download content for your own use, and you may be required to confirm your continuing agreement to such provisions.
11.1.5 No content contained in FPM Core constitutes expert advice and you agree that you will not rely on any content as if it were expert advice.
11.1.6 Any liability that we do incur to you in connection with the supply of FPM Core, whether in contract, tort or on any other legal basis, is strictly limited in aggregate to the charges (if any) paid or payable by you to us in respect of FPM Core.
11.2 No delay by us in enforcing the provisions of the Agreement shall prejudice or restrict our rights. If we waive our rights on any occasion, this will not constitute a waiver of any subsequent breach. Our rights, powers and remedies contained in this Agreement are cumulative and exclusive of any other right power or remedy available to us.
11.3 You must not share logins to FPM Core. You will be liable for any losses suffered by you or us caused by any person using your login, and for any commitment made on your behalf by any person using your login.
12. WARRANTY
12.1 We do not offer any warranties unless explicitly stated otherwise in this Agreement.
13. FORCE MAJEURE
13.1 We shall not be liable to you for any loss or damage which may be suffered by you as a result of the delivery of FPM Core being delayed, prevented, hindered or made uneconomic by reason or circumstances or events beyond our control including, but not limited to: Act of God, riot, strike, lock-out, trade dispute, labour disturbance, restriction or ban on overtime, accident, fire, flood or storm difficulty or increased expense; failure by you to give us adequate instructions or supply the necessary information in time; or failure by any third party (unconnected to us) to carry out their part of the work or otherwise perform their obligations when required.
14. TERMINATION
14.1 We may terminate Added Value services, and deactivate associated accounts and logins, at any time after a customer’s service agreement with FPM has expired or terminated.
14.2 We may terminate this Agreement immediately if you fail to pay any sum due under it on the due date and/or if you commit a material breach of these Terms and Conditions which (in the case of a breach capable of being remedied) has not been remedied within 7 days of a written request to do so from us.
14.3 Any termination of this Agreement shall be without prejudice to any of our other rights or remedies.
14.4 Termination of this Agreement shall result in your access to FPM Core (and all associated content, including any content that you previously interacted with) being terminated immediately. However, on termination we will automatically email to your system administrator’s email address a PDF download of any content created and saved by you.
15. PERSONAL INFORMATION
15.1 Any personal information retained on this system is stored in a secure data centre located in the EU (Ireland) and is treated as confidential. You may delete personal data relating to your users yourself during the Term of any licence purchased by you. Your data is processed in accordance with our Privacy Policy.
15.2 Please see our Privacy Policy for more details.
15.3 Please note that your data is backed up by a third-party archiving service in the EU.
16. MANAGEMENT OF YOUR ACCOUNT AND INFORMATION ENTERED BY YOU
16.1 We collect usage data related to your use of our website. You agree that we may use this data for the following purposes:
- Service improvement
- Recommending enhancements and/or complementary services to you
- Anonymised service usage reports (e.g. most popular content)
16.2 If you use FPM Core to process or store your information you do so at your own risk. We recommend that you maintain a local backup of that information.
16.3 You may create unlimited users associated with your account, each of whom will be sent an email with instructions to create their own password.
17. MODIFICATION OF THESE TERMS AND CONDITIONS
17.1 We reserve the right to change the terms, conditions, and notices under which FPM Core are offered.
ANNEX 1 SERVICE DESCRIPTIONS
FPM Core
The FPM Core service comprises:
A web-based service hosted on a server backed by service level agreements providing the following:
- Policy and procedure templates, informational document templates, education and e-learning materials.
- Policy editing, management and distribution
- Training and e-learning delivery and training progress and completion records
The following features are provided as part of FPM Core:
17.1.2 The network will be available 99.9% of the time in a given month, excluding scheduled maintenance and downtime caused by Force Majeure.
17.1.3 The critical infrastructure systems, including power, will be available 99.9% of the time in a given month, excluding scheduled maintenance and downtime caused by Force Majeure.
17.1.4 Email support during office hours 9am - 5pm Monday to Friday excluding Bank Holidays.
17.1.5 Access to all policy and procedure updates, improvements and additions to FPM Core Service rolled out from time to time (except in respect of Paid-For Services, if you have not purchased Paid-For Services).
17.1.6 Secure handling of sensitive data transfer using 256-bit https certified connections.
Secure storage of data in industry standard and compliant EU-based data centres.
18. ANNEX 2 - Use of content provided as part of FPM Core
18.1.1 The content we provide gives general guidance and indicative scope, and should not be regarded as a complete or authoritative statement of the law, which can only be given by the courts.
18.1.2 The content does not cover every situation that may occur – you will need to take a view on how legislation affects your particular circumstances based on your own research.
18.1.3 Templates are not designed for use ‘as is’, and must be tailored by you to your own requirements.
18.1.4 None of our content comprises, or is a substitute for, legal advice and you are strongly advised to consult your legal advisor in relation to any legal or compliance issue that you have.
18.1.5 We do not accept any liability for actions taken, or not taken, on the basis of information provided as part of FPM Core.
18.1.6 While we will use reasonable endeavours to verify the accuracy of all information we place on this site, we make no warranties, whether express or implied in relation to its accuracy. We cannot accept any liability for actions taken, or not taken, on the basis of the information we provide on this site.