By commissioning Midwife Beth Ltd to provide a consultation either verbally or through written instruction, you accept Midwife Beth Ltd’s terms and conditions as set out below.

 

In the event of any inconsistency between these conditions and the terms and/or conditions of an order placed by you these conditions shall prevail unless otherwise agreed in writing by the proprietor of Midwife Beth Ltd.

 

Delivery of Services

• Consultations by Midwife Beth Ltd will be provided as a phone consultation or in your home / in a suitable environment.  Midwife Beth Ltd will work with women and their families who require help in managing all aspects of the new family dynamic.

 

How payment is to be made

• All expenses incurred will be charged to you and invoiced within 30 days.   This includes congestion zone charges, ULEZ charges and parking charges incurred to attend the home visit. 

• Fees are payable to Midwife Beth Ltd in advance and within seven (7) days of the date of the invoice.

• Midwife Beth Ltd require payment to be made by bank transfer (account details will be provided at the initial consultation).

 

Cancellation of Appointments

• If you cancel an appointment with Midwife Beth Ltd within twenty four (24) hours of the appointment or do not attend the virtual/phone consultation, you will be liable for the full consultation fee.

• The full consultation fee will be charged for a revised appointment.

 

Limitation of liability

• The following provisions set out the entire financial liability of Midwife Beth Ltd (including any liability for the acts or omissions of its employees, agents and subcontractors) to you in respect of:-

  • any breach of this agreement;

  • any representation, statement or tortious act or omission, including negligence, arising under or in connection with this agreement

•  (A) All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.

•  (B) Nothing in this agreement excludes or limits the liability of Midwife Beth Ltd for death or personal injury caused by Midwife Beth Ltd negligence, or for fraud or fraudulent misrepresentation.

• Subject to sub clauses (A) and (B) above:

  •  (C) Midwife Beth Ltd’s total liability for direct loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of or failure to perform this agreement shall be limited to the price paid under this agreement; and

  • subject to clause (C) Midwife Beth Ltd shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise (in each case whether direct, indirect or consequential) or from any costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

 

Disputes

• The parties will attempt in good faith to resolve any dispute or claim arising out of or relating to this agreement promptly through negotiations between them.

• If the matter is not resolved through negotiation, the parties will attempt in good faith to resolve the dispute or claim through an Alternative Dispute Resolution (ADR) procedure as recommended to the parties by the Centre for Dispute Resolution.

• If the matter has not been resolved by an ADR procedure within 60 days of the initiation of such procedure, or if either party will not participate in an ADR procedure, the dispute shall be referred to arbitration.

 

Confidentiality

• Information communicated between Midwife Beth Ltd and you, whether written or verbal, shall be deemed as confidential.

• Information will be stored securely by Midwife Beth Ltd or SJW Virtual PA services.

• Information passed on to an Expert regarding your status you will be done with consent from you.

• You will give consent for Midwife Beth Ltd to source the Expert and thereby will grant consent for Midwife Beth Ltd to disclose a reasonable amount of information to the Expert to conduct a sensible conversation to determine suitability of service.

 

Introduction of the Expert

• Experts will be sourced for you by Midwife Beth Ltd at your request.  

• Midwife Beth Ltd endeavours to ensure but does not guarantee the suitability of any Expert introduced to you.

• The final decision to employ the Expert is your sole responsibility. You shall therefore satisfy yourself as to the suitability of the Expert and you shall take up any references provided by the Expert to you or Midwife Beth Ltd before employing the Expert.

• You have the sole responsibility for engaging the Expert.

 

Relationship with the Expert

• Midwife Beth Ltd does not accept any liability for any inconvenience, damage, loss or personal injury arising whether caused directly or indirectly from any act or omission of an Expert introduced to you by Midwife Beth Ltd.

• Midwife Beth Ltd offers no warranty for an Expert’s character, honesty, reliability, suitability or capacity.

• Midwife Beth Ltd is not responsible for the basis on which an Expert supplies his/her services to you. These are to be arranged by you and the Expert, and are your responsibility.

• Midwife Beth Ltd accepts no liability for any disputes arising between the Expert and you.Disputes between you and the Expert are to be managed between you and the Expert.

 

All fees and expenses incurred by the Expert

• For all purposes, you are responsible for negotiating the rate of the Expert’s expenses.  Midwife Beth Ltd will have no part in remunerating / determining payment for the Expert. 

• All charges incurred by the Expert relating to the Expert’s service will be paid by you direct to the Expert.  The service from Midwife Beth Ltd is only to introduce the Expert to you.  You shall settle this directly with the Expert.