TERMS OF SERVICE

The following conditions will be the terms on which I will provide my services to you. They represent the agreement between us. Please read them carefully.

Description of Services

During the period in which I provide my services to you I will remain available 24 hours a day, 365 days a year (except where I have agreed otherwise with you) to:

• attend the birth of your child or children at any location agreed in advance with you and offer, in an advisory capacity only, support or assistance as a birthing partner.
• answer any queries you may have by telephone or post or travel to your home or other previously agreed location to offer support or assistance, in an advisory capacity only, with any matter in connection with the ante-natal period or post-natal period of your pregnancy.

Price and Payment

The fees for my services will be agreed between us according to the particular services you require and I will set them out in the confirmation letter that I will send to you. Where applicable, you agree to pay a deposit of £150 in advance towards the total cost of the services to be provided.  You must pay the deposit immediately on entering this agreement.

You agree to reimburse any reasonable travelling, subsistence and accommodation expenses I incur while travelling at your request.
Unless agreed otherwise in the confirmation letter, I will invoice you for the balance of the fees due (taking into account the deposit already paid), expenses and any other sums payable in connection with the provision of these services on a weekly basis in arrears. Payment of all invoices is due within 7 days of the invoice date.

If you fail to settle an invoice on or before its due date for payment I shall be entitled to:

• charge you interest on the amount outstanding at a rate of 8% above the base rate of National Westminster Bank Plc from time to time in force until payment in full is made.
• charge you a sum equivalent to any bank charges, legal costs or other costs or expenses incurred by me arising from late payment or recovery of sums due from you; and
• suspend or terminate performance of these services until such payment is made.

On Call Conflicts

I will do my utmost to attend to you as and when you require my assistance however, there may be occasions when I am unable to attend to you because I am already attending another person.

If this situation arises I will notify you that I am unable to attend to you at that time and will endeavour to attend to you as soon as reasonably practicable.

If I receive conflicting requests to attend to you and any other person or persons I will attend to you and those persons in the order I receive those requests.

If, because I am engaged attending to another person or persons:

• I am unable to attend to you at the time of the birth of your child then you will be entitled to a full rebate (including the deposit, where applicable) of the birthing partner fee as set out in the confirmation letter; or
• I am unable to attend an antenatal or post-natal class or session with you then no fees will be due in respect of that class or session.

Termination and Suspension of Services

Either you or I may terminate these services by giving the other 7 days prior written notice.

Either you or I may terminate these services immediately (without notice) if the other:

• fails to remedy any breach of its obligations under these Terms of Service within 30 days of being notified of the breach;
• is declared bankrupt or enters into a voluntary arrangement with its creditors.

If I choose to terminate this agreement by giving you notice or if you terminate because I am at fault, then I will refund the deposit you paid after deducting any outstanding fees due to me in respect of services performed prior to termination.

If you choose to terminate the agreement by giving me notice or if I terminate because you are at fault, then any deposit you paid will not be refundable.
If these services are suspended or terminated then all sums due under the Terms of Service become immediately payable.

Extent of my liability to you

These services are supplemental to the services provided to you by your midwife, who will remain ultimately responsible for the birth of your child or children.

These services are not intended to replace any services available to you from your GP, hospital, community healthcare centre, local authority, emergency service, NHS or other primary midwife service provider. If you require any advice, care, support, assistance or other service of a medical or obstetric nature you should contact the appropriate service provider in the first instance.  I do not accept any liability for any loss or harm that may be incurred as a result of your decision not to seek such advice, care, support, assistance or other service from the appropriate service provider.

Nothing in these Terms of Service shall be taken to exclude my liability for death or personal injury arising from my negligence.

In any event, my liability shall be limited to any direct loss or damage arising from the provision of these services and shall not exceed the sum recoverable from any insurance policy I have in place in connection with the provision of these services. If no insurance is available at commercially reasonable rates then my liability shall not exceed the sum of £1000.

If I am prevented or delayed from performing these services or any other obligations under the Terms of Service due to circumstances outside my control then I shall have no liability in respect of performance of these services or obligations while those circumstances continue.

Insurance

During the period of my service, I will take out professional indemnity insurance in the sum of £500,000 and shall maintain such insurance until the period of service is terminated or suspended.

Confidentiality

Except in the case of emergency, any information I receive about you will be kept strictly confidential, unless you instruct me otherwise.

General Conditions

These Terms of Service, together with the confirmation letter, represent the entire agreement between us and may only be varied by agreement in writing between us.

In the event that any of these conditions becomes invalid in law then the remaining conditions shall be read and construed as if the invalid condition had been severed from the Terms of Service which shall remain in full force and effect.

During the Retainer, the relationship between us shall be that of an independent contractor and not that of employee.  As a result you will not be responsible for the payment or deduction of any amount required by law to be made by an employer in relation to his employees. 

Any delay or failure in enforcing any condition of these Terms of Service shall not be construed as a waiver of any subsequent breach of that condition or any other condition of these Terms of Service.

Any notice that needs to be served under these Terms of Service must be made in writing and sent by pre-paid first class post to the relevant party at their address appearing on the confirmation letter. Any such notice will be deemed to be served two days after posting.

Nothing in these Terms of Service is intended to confer any benefit on any third party or any right to enforce a condition contained in these Terms of Service.

You may not assign your right under this agreement to any other person or persons.

These Terms of Service shall be read, construed and take effect in accordance with the Laws of England and you expressly agree to submit to the jurisdiction of the English Courts.

Signed by you in acceptance of the above terms

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