Terms and Conditions
DEFINITIONS
When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside My Control: is defined in clause 7.2;
Booking Contract: My Booking Contract for the Services
Services: the services that I am providing to you as set out in the Booking Contract;
Terms: the terms and conditions set out in this document; and
I/My /Me: Ali Monaghan / Ali Monaghan, RM, IBCLC Midwifery & Lactation Services, unless I say otherwise.
1. My Contract With You
1.1 These are the terms and conditions by which I supply Services to you.
1.2 Please ensure that you read these Terms carefully, and check that the details on the Booking Contract and in these Terms are complete and accurate before you sign the Booking Contract. If you think that there is a mistake, please contact Me to discuss the possible mistake and please make sure that you ask Me to confirm any changes in writing to avoid any confusion between you and Me.
1.3. I consider that these Terms and the Booking Contract constitute the whole agreement between you and Me.
1.4 The agreement between you and Me comes into force when you sign and submit the Booking Contract to Me subject to my rights to cancel as set out in your Booking Contract. If I am unable to supply you with the Services, I will inform you of this in writing and I will not process the Booking Contract.
1.5 If any of these Terms conflict with any term of the Booking Contract, the Booking Contract will take priority.
2. Changes to Booking Contract or Terms
2.1 I may revise these Terms from time to time in the following circumstances:
2.1.1 Changes in how I accept payment from you;
2.1.2 Changes in relevant laws and regulatory requirements.
2.2 If I have to revise these Terms under clause 2.1, I will give you at least seven days written notice of any changes to these Terms before they take effect and in such circumstances you can choose to cancel the contract in accordance with clause 9 below.
3. Providing Services
3.1 I will supply the Services to you as specified in your booking contract.
3.2 I will make every effort to complete the Services on time. However, there may be delays due to an Event Outside My Control. See clause 7 for My responsibilities when an Event Outside My Control happens.
3.3 I will need certain information from you that is necessary for Me to provide the Services, for example, personal contact details and medical history. If you do not, after being asked by Me, provide Me with this information, or you provide Me with incomplete or incorrect information, I may make an additional charge of a reasonable sum to cover any extra work that is required. I may also choose to withdraw My services from you. I will not be liable for any delay or non-performance where you have not provided this information to Me after I have asked.
3.4 If you do not pay Me for the Services when you are supposed to as set out in clause 5.1, I may suspend the Services with immediate effect until you have paid Me the outstanding amounts (except where you dispute an invoice under clause 5.2). I will contact you to tell you this. This does not affect My right to charge you interest under clause 5.2.
4. If There Is a Problem with Services
4.1. In the unlikely event that there is any issue with the Services:
4.1.1 Please contact Me and tell Me as soon as reasonably possible;
4.1.2 Please give Me a reasonable opportunity to deal with any issue; and
4.1.3 I will use every effort to deal with any issue as soon as reasonably practicable. You will not have to pay for Me to deal with any issue with the Services under this clause.
4.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. Fees and Payments
5.1 The fees for the Services and the payment schedule will be set out in the Booking Contract. My fees may change at any time, but fee changes will not affect a Booking Contract that I have confirmed with you.
5.2 If you do not make any payment due to Me by the due date for payment (including agreed payment plans), I may charge late fee of £5 per day. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Me interest together with any overdue amount.
5.3. However, if you dispute the fee due in good faith and contact Me to let Me know promptly, clause 5.2 will not apply for the period of the dispute.
6. My Liability to You
6.1 If I fail to comply with these Terms, I am responsible for loss or damage you suffer that is a foreseeable result of My breach of the Terms or My negligence, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they are an obvious consequence of My breach or if they are contemplated by you and Me at the time I entered into this contract.
6.2 I do not exclude or limit in any way My liability for:
6.2.1 Death or personal injury caused by My negligence;
6.2.2 Fraud or fraudulent misrepresentation; and
6.2.3. Breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
7. Events Outside of My Control
7.1. I will not be liable or responsible for any failure to perform, or delay in performance of, any of My obligations under these Terms if it is caused by an Event Outside My Control.
7.2. An Event Outside My Control means any act or event beyond My reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications or power or other utility networks. 7
7.3 If an Event Outside My Control takes place that affects the performance of My obligations under these Terms:
7.3.1 I will contact you as soon as reasonably possible to notify you; and
7.3.2 My obligations under these Terms will be suspended and the time for performance of My obligations will be extended for the duration of the Event Outside of My Control. Where the Event Outside My Control affects My performance of Services to you, I will restart the Services as soon as reasonably possible after the Event Outside My Control is over.
8. Your Cancellation Rights
Lactation care includes a visit at home from me. An Initial Lactation Visit lasts for 1.5-2 hours on average; a Follow-up Lactation Visit lasts for 1-1.5 hours on average.
When booking a single lactation appointment on a pay-as-you-go basis, I will send you an invoice with bank details after the visit and expect prompt payment of the visit within 7 days.
If you need to amend the date or time of a single lactation appointment and give me more than 24 hours’ notice, no fee is incurred. If you cancel your appointment with less than 24 hours’ notice, I will charge a 50% fee.
If I am unable to make your appointment at any time, for any reason, you will be offered the option to change the day.
If you book a package of care and change your mind at any point after the first lactation appointment, you pay for the care you have received up to that point, but will be refunded the remainder.
8. Your Cancellation Rights
Lactation care includes a visit at home from me. An Initial Lactation Visit lasts for 1.5-2 hours on average; a Follow-up Lactation Visit lasts for 1-1.5 hours on average.
When booking a single lactation appointment on a pay-as-you-go basis, I will send you an invoice with bank details after the visit and expect prompt payment of the visit within 7 days.
If you need to amend the date or time of a single lactation appointment and give me more than 24 hours’ notice, no fee is incurred. If you cancel your appointment with less than 24 hours’ notice, I will charge a 50% fee.
If I am unable to make your appointment at any time, for any reason, you will be offered the option to change the day.
If you book a package of care and change your mind at any point after the first lactation appointment, you pay for the care you have received up to that point, but will be refunded the remainder.
8. Your Cancellation Rights
Lactation care includes a visit at home from me. An Initial Lactation Visit lasts for 1.5-2 hours on average; a Follow-up Lactation Visit lasts for 1-1.5 hours on average.
When booking a single lactation appointment on a pay-as-you-go basis, I will send you an invoice with bank details after the visit and expect prompt payment of the visit within 7 days.
If you need to amend the date or time of a single lactation appointment and give me more than 24 hours’ notice, no fee is incurred. If you cancel your appointment with less than 24 hours’ notice, I will charge a 50% fee.
If I am unable to make your appointment at any time, for any reason, you will be offered the option to change the day.
If you book a package of care and change your mind at any point after the first lactation appointment, you pay for the care you have received up to that point, but will be refunded the remainder.
8. Your Cancellation Rights
Lactation care includes a visit at home from me. An Initial Lactation Visit lasts for 1.5-2 hours on average; a Follow-up Lactation Visit lasts for 1-1.5 hours on average.
When booking a single lactation appointment on a pay-as-you-go basis, I will send you an invoice with bank details after the visit and expect prompt payment of the visit within 7 days.
If you need to amend the date or time of a single lactation appointment and give me more than 24 hours’ notice, no fee is incurred. If you cancel your appointment with less than 24 hours’ notice, I will charge a 50% fee.
If I am unable to make your appointment at any time, for any reason, you will be offered the option to change the day.
If you book a package of care and change your mind at any point after the first lactation appointment, you pay for the care you have received up to that point, but will be refunded the remainder.
8. Your Cancellation Rights
Lactation care includes a visit at home from me. An Initial Lactation Visit lasts for 1.5-2 hours on average; a Follow-up Lactation Visit lasts for 1-1.5 hours on average.
When booking a single lactation appointment on a pay-as-you-go basis, I will send you an invoice with bank details after the visit and expect prompt payment of the visit within 7 days.
If you need to amend the date or time of a single lactation appointment and give me more than 24 hours’ notice, no fee is incurred. If you cancel your appointment with less than 24 hours’ notice, I will charge a 50% fee.
If I am unable to make your appointment at any time, for any reason, you will be offered the option to change the day.
If you book a package of care and change your mind at any point after the first lactation appointment, you pay for the care you have received up to that point, but will be refunded the remainder.