Terms & Conditions
Rohme is an introductory agency as defined by the Care Quality Commission (CQC). We select, vet and introduce self-employed Locum Health Professionals to clients via an online platform and facilitate contracts between clients and self-employed health professionals. Rohme is not a ‘full service’ care agency and is unable to influence care delivery or manage care plans. ‘Rohme’ is the trading name of ROHME RECRUITMENT OF HEALTHCARE AND MEDICAL EXPERTS LTD (Rohme, we, us or our), our registered company number is 11724806 and our registered address is at 1 Eastbourne Road, London, England, SW17 9EG
Definitions of terms:
“Rohme” means an online marketplace for health professionals provided via the Rohme platform.
“Health professionals” means individuals working on a self-employed basis and delivering health professional services via the Rohme platform.
“Customers”, “clients” means organisations (e.g. hospitals) using the Rohme service to search health professionals to fill available shifts, engage with health professionals and enter into a contractual relationship with health professionals. 1. General Terms of Rohme
1.1 About Rohme
Rohme provides an online platform for self-employed Health professionals (Locums) and clients (e.g. hospitals) to connect with one another, communicate and arrange placement contracts between one another. This is facilitated through providing services which include but are not limited to:
· A searchable online database of self-employed Health professionals
· Communication tools to facilitate interaction
· A self-service system for clients to manage and book services with self- employed Health professionals.
· Monitoring tools for clients and health professionals to monitor activity. Feedback tools on the provision of health professional support.
1.2 Introductory agency service
Rohme is classified as an ‘introductory agency’ in line with CQC guidance. Rohme provides an online marketplace to facilitate the process of finding appropriate healthcare professionals to fill available shifts within medical institutions.
Rohme does not direct employ Health professionals. Rohme is defined as an employment business pursuant to the Employment Agencies Act 1973. 1.3 Limitations of service
All the tools provided by Rohme are used at the customer’s and Health professionals’ own risk and there is no guarantee that these tools will work optimally, not be subject to downtime, or removed from service at any point in time. Rohme does not accept any liability for losses or damages caused by the temporary unavailability of the service or technical errors.
Rohme disclaims any liability for controversies, losses, injury, accidents, claims or damages arising out of the use of the online tools it provides, the engagement of Health professionals or the provision of help and support services by Health professionals. 2. Rules for User conduct and use of service
2.1 Use of service
By registering and using this website or smartphone application as a health professional you confirm that:
- you accept and will abide by all the terms and conditions
- you are 18 years old or over and have the right to form legally binding contracts under UK law
- any information you provide on the site is correct and accurate including details on your qualifications, skills and experience
- you are eligible to legally work in the UK
- Providing you meet the relevant HMRC criteria for the arrangement with the client being a self-employed arrangement, you will be working on a self-employed basis and will fulfil all responsibilities and duties of a self-employed worker including paying all tax and National Insurance due to HMRC
- You will not receive Holiday pay from Rohme when working on a self- employed basis You will provide your Unique Taxpayer Reference Number during registration 2.2 Account creation
To use this service, health professionals must create an account with Rohme via the smartphone application or via our online form. Each account must be a personal account and only one account is allowed per person. Health professionals must provide accurate and up to date information. You confirm you will keep passwords safe and secure and not allow anyone else to access your account. Rohme reserves the right to change the terms and conditions of the site at any time and with immediate effect.
2.3 Profile content
Health professionals are directly responsible for content that they upload to the Rohme platform and must not give the impression that any content is provided by Rohme or any other individual. Content must not be defamatory, offensive or inaccurate, false or misleading. Rohme reserves the right to remove any content that does not meet these standards at our discretion. By using this service you agree to only use Rohme for its intended and lawful purposes. Rohme reserves the right to amend and edit the content for accuracy, correct grammar and general presentation in accordance with creating a positive user experience for clients. 2.4 Compliance with Contract
Once a self-employed health professional has “accepted” a contract, they are bound to deliver the terms of that contract. The self-employed health professional must negotiate with the client regarding any deviation from the contract, e.g. to change time or changes due to illness or personal circumstances. Rohme can offer no mediation or intervention regarding perceived non-compliance with the contract unless the dispute resolution process is activated.
2.5 Quality of Help delivery
In your capacity as a Health professional you agree to provide a professional, punctual, safe, compassionate, well communicated and diligent service for the customer at all times. You must not accept requests for duties beyond your level of competence or that are unethical or illegal in any way. You agree to act honestly and with absolute integrity at all times. You should not sub-contract or offer work to any colleague or any associate – unless you need to find a substitute for your absence – in which case Rohme asks you to update your status via the app with as much notice as possible.
2.6 Compliance with Statutory Regulations
You represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving being arrested for, charged with, or convicted of any criminal offence involving violence, abuse, neglect, theft or fraud, or any offence that involves endangering the safety of others, dishonesty, negligence or drugs, and you are not nor have you ever been on the sex offenders register or other similar list. 3. Release of liability for user conduct and disputes
Any agreements are legally binding agreements between the client and the Health professional. Rohme are not party to an agreement and we cannot arbitrate or mediate if there is an alleged breach of contract unless the dispute resolution process is activated.
Any issues should be resolved directly between client and Health professional where at all possible. Rohme does not accept any liability for claims, demands or direct or indirect damages arising from disputes between care seekers and Health professionals, however we do offer a dispute resolution pathway, which should be followed in the case of disagreement. 4. Dispute Resolution Policy
Rohme provides a dispute resolution process where there is a disagreement between client and self-employed Health professional. Either care seeker or self-employed Health professional can dispute a contract. Rohme will examine the contract, compliance with terms, user analytics data including but not limited to visit logging, messaging, geoverification, user feedback and previous self-employed Health professional behaviour (and that of client) and any submissions by either party.
5. Payments, Cancellations and Refunds
All payments for work completed must be made through Rohme. Attempts to bypass Rohme may lead to sanctions not limited to immediate account suspension. Any offers to transact outside of Rohme made by either party must be reported to Rohme immediately.
You are responsible for making sure we have your current and up to date bank details on file for customer funds to be released to you.
Rohme will pay you in respect of the work carried out regardless of whether we have received payment from the client. 5.2 Rates and fees
The Rohme dynamic system means that fees for the services of health professionals vary according to a range of criteria including role, level of experience, unsociable hours etc. Once set, hourly rates should not be changed during a contract agreement.
Rhome charges clients a flat fee of £30 + VAT for each day that a health professional is placed via our platform. This is a flat fee and is chargeable whatever the length of the shift.
We will not make your finding work with clients conditional upon You using other services for which the Employment Agencies Act does not prohibit the charging a fee or hiring or purchasing goods. 5.3 Income Tax and National Insurance
By using this service as a self-employed Health professional you agree that you have made and will make all required legal and tax filings to HMRC. This includes making national insurance contributions and paying income tax.
5.4 Cancellations and absences
Rohme strongly discourages absences from any client appointments that have previously been accepted and when a contract is active. Where an emergency arises and absence is unavoidable, you must inform the client immediately with as much notice as possible via the Rhome platform.
If you fail to inform your client of any absences or changes in contracted hours and this results in a complaint from the client, we reserve the right to withhold your pay for the week where the unexcused absence occurred. Please bear in mind that cancellations and unexcused absences may also affect your rating on the platform.
In cases of planned holiday or leave that clashes with a contract you have with a client, you must inform the client via the platform of your unavailability with as much notice as possible.
5.5 Ending a contract prematurely
If you have agreed a contract with a client, you must honour the terms of this contract and ensure that all efforts are made to fulfil the contract through to its conclusion. Rohme recognises that in some circumstances, you may decide to end the contract due to other commitments outside of the platform. Rohme will not permit you take a new contract on the platform that conflicts with the
schedule of an existing Rohme contract unless sufficient notice has been served. This is to protect the existing client and to ensure continuity of service.
6. Limitation of liability
6.1 Responsibility for contract acceptance
You acknowledge that the decision to enter into a contract with a client is your sole responsibility and that Rohme makes no warranty as to the suitability of any work assignment you accept via the Rohme platform, nor does Rohme provide any warranty as to the character or honesty of any customer or the truthfulness or accuracy of information provided by a customer. However, Rohme endeavours to take all reasonable steps to ensure a safe and positive community for all participants. 6.2 Risks of introduction service
You agree that you understand the risks involved in participating in an introductory agency service and you hereby waive any rights to claims for damages from Rohme in relation to the service. 6.3 Breach of terms and conditions
You agree to indemnify and not hold Rohme responsible or make any claim or demand against Rohme as a result of you breaching these terms and conditions. 7. Contractual Obligations
By using Rohme you agree to use the service for all current and future work that takes place as a result of an introduction made through Rohme. If you have been introduced to a potential client through Rohme, you must not create contractual agreements outside of this service, with the deliberate intention of circumventing Rohme fees. 8. Termination of profile
You shall immediately notify Rohme should your circumstances change and you are no longer able to accept client work via Rohme. You are expected to carry out a high quality service at all times. Rohme reserves the right to terminate your profile if it comes to our attention that your service is not up to standard, as determined by Rohme, or the terms and conditions have been breached. This decision is at the sole discretion of Rohme and no justification needs to be provided for the termination of a profile. Any severe offences will result in but are not limited to the immediate termination of a Health professional’s profile.
9. Quality assurance and background checks
By using this site or service you authorise Rohme to carry out certain background checks and audits at a time of their choosing. Rohme reserves the right but not the obligation to use a third party to scan your personal information on an ongoing basis against a variety of sources which may include, but are not limited to, sex offender registries, social media, criminal registries and other legally available databases and resources. Rohme has no obligation to perform checks and releases all liability associated which results from checks. However, Rohme endeavours to review or carry out enhanced DBS checks on all Health professionals registered on Rohme. Rohme reserves the right to exclude a Health professional from Rohme Health professional Directory on the basis of findings in the DBS check. You also warrant that you have not been subject a restraining order or any other civil action.
10. Feedback, marketing and customer reviews
We ask clients to leave qualitative and quantitative feedback on the experience they had with you. The feedback will contribute towards the review section on your Rohme profile. Customer feedback should be honest and you must not offer incentives in exchange for better feedback or try to influence a customer to deviate from their true and honest view. We reserve the right to remove any defamatory, abusive or offensive feedback at our discretion but are not obliged to do so. You agree to providing an exclusive and perpetual right for Rohme to publish customer reviews on your profile, and you must not attempt to delete customer reviews or create a new profile to delete poor feedback. Your profile data including biography and photograph (without identifying details) may be used from time to time in print and online marketing initiatives with the intention of generating more demand for your services. You also give a Rohme a perpetual and non exclusive right to share your information with third parties. If you wish to opt out of this activity, please contact email@example.com
11. Privacy Statement
You agree to keep strictly confidential any information you receive in any medium or format about potential, existing and past clients from either Rohme or the clients themselves. This includes but is not limited to personal information and medical information.
13. Governing Law
The terms and conditions and any dispute arising out of the site and/or the services shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or in connection with this site and/ or service. 14. Contact Information:
If you have any questions about the terms and conditions or the services provided by Rohme please contact us at: firstname.lastname@example.org