Terms and Conditions

1. Definitions

1.1 'Client' - the individual for whom Mindset's assessment and reporting services have been requested to be carried out for, by the instructing party.

1.2 'Assessor' - the individual who has experience in the field of psychiatry for the purposes of carrying out the client's assessment and reporting requirements, and who has been instructed by the instructing party to carry out this service.

1.3 'Enquiry' - any request made to Mindset for provision of the assessment or reporting service based merely on an initial screening conversation, submission of enquiry form, or email exchange between the instructing party and Mindset's representative or any other data provided by the instructing party electronically.

1.4 'Instruction' - a written, formal request made by the instructing party to Mindset. This written request is usually in the form of a letter known as a 'Letter of Instructions' or 'Authority to Approach'. This is submitted by the instructing party and sent to Mindset electronically.

1.5 'Instructing Party' - an individual, company, solicitors, or any third party acting on behalf of a client, to instruct Mindset for their assessment and reporting services.

1.6 'Mindset' - a trading name for Holistic Care Ltd. The correspondence address is Boothorpe Hall, Boothorpe, Swadlincote, DE11 8BL. Holistic Care Ltd Company Registration Number is 14962009.

1.7 'Services' - Mindset provides an assessor to carry out the necessary assessment and reporting requirements as instructed by the instructing party. The service is based on the initial screening process and review of documentation provided by the instructing party. Mindset will provide written quotations and Terms and Conditions to the instructing party by email, both of which must be signed and returned before Mindset can make all the necessary arrangements to enable the assessor to Prepare the assessment or report. This service includes arranging appointments for consultations to take place (if applicable) and issuing the assessment or report to the instructing party. These services do not include the arrangement of an interpreter (if deemed necessary) to carry out the assessment or report.

2. Mindset Assessment and Reporting Services

2.1 The instructing party agrees that during the enquiry and assessment process, their details and those of their client will be held in a database under Mindset's control, in accordance with the Data Protection Act 1998 and GDPR. Mindset's GDPR policy is available on request.

2.2 The instructing party is accountable for ensuring the ongoing accuracy of the enquiry details and is obligated to promptly update Mindset with any necessary changes. Mindset will revise their fees if it is deemed that the updated detail provided will cause additional work to be carried out. These additional fees must be agreed between Mindset and the instructing party in writing before the assessor will continue with the assessment or reporting process. Mindset will not be liable for any costs or inconvenience incurred should this information delay the production of the assessment or report.

2.3 Mindset is responsible for providing quotations or additional or revised quotations (if applicable) for the assessment and reporting service provided. All quotations are based entirely on the information provided by the instructing party and consequent review of said documentation provided by the instructing party. Mindset requires that all quotations are agreed to by the instructing party in writing on every occasion.

2.4 Mindset will not be liable for any costs or inconvenience incurred by the instructing party should the assessor refuse to continue with the requested services, based on the information and documentation provided by the instructing party.

2.5 All Mindset assessors adhere to the Code of Conduct and Ethics stipulated by their relevant professional regulatory bodies, such as the GMC and Royal College of Psychiatrists. Mindset shall not be held liable for any costs or inconveniences resulting from the conduct of an assessor at any point. Any complaints regarding professional misconduct by an assessor should initially be directed to Mindset. If deemed necessary, such complaints may be further escalated to the assessor's respective professional regulatory body.

2.6 The instructing party acknowledges that fee quotations are estimates based on the initial information received and subsequent review of documentation provided by said party. Mindset reserves the right to adjust the fee quotation if discrepancies arise within the letter of instructions, case notes, or any other documents recieved. Such discrepancies may necessitate additional work by the assessor. Any revised fee quotation must receive written agreement from the instructing party before the assessor proceeds with the assessment or reporting process. 

2.7 Holistic Care Ltd is not currently VAT registered, albeit if it becomes VAT registered, it will charge VAT at the appropriate rate.

2.8 An out of hours service is offered between the hours of 5 pm and 11 pm, Monday to Friday only. This is charged at a premium rate of £500 per consultation exclusive of expenses. Please note this does not include UK bank holidays.

2.9 Mindset will charge travel expenses. These are charged out at £0.60 per mile by car, or for alternative forms of travel, receipts provided, and these will be charged at cost plus 5%.

2.10 Mindset does not offer any warranties concerning the experience, qualifications, or conduct of an assessor at any point.

3. Instructions 

3.1 The instructing party agrees to provide all instructions in writing electronically, preferably via email.

3.2 Upon initiation of instruction, the instructing party is required to furnish Mindset with a letter of instructions, signed terms and conditions, as well as the signed quotation. All relevant documentation, including medical records and other case notes as deemed necessary by the instructing party or as requested by the assessor, should be submitted to Mindset in electronic format.

3.3 Mindset must be contacted as soon as practicably possible by the instructing party if documents cannot be sent electronically, and alternative methods will be agreed.

3.4 Mindset exclusively accepts copies, not original documents, from the instructing party. All documents submitted to Mindset must be copies of the originals. These copy documents will be securely discarded by Mindset after a period of six months. Should the instructing party wish for notes to be returned, this request must be explicitly stated in the letter of instructions, and provisions for their retrieval at the instructing party's expense within six months must be arranged. Mindset will not assume responsibility for any costs or inconveniences arising from the secure destruction of the provided documents and medical notes.

3.5 The instructing party holds the responsibility of promptly furnishing all requested documents within 30 days prior to the scheduled first consultation date. This allows the assessor sufficient time to adequately prepare for the assessment.

3.6 Mindset will make the necessary arrangements with the instructing party for mutually convenient consultation date with the client (if applicable) as soon as is practicably possible upon review of the relevant documents provided.

3.7 The instructing party acknowledges that the assessment or report produced by the assessor is an autonomous document. The instructing party is required to communicate with Mindset in writing should any factual edits or corrections be necessary within five working days of the document's submission. The instructing party will allow Mindset thirty days of this request for resubmission of the document. The instructing party consents to the assessor's determination being final and binding.

3.8 All intellectual property rights and ownership interests pertaining to the assessments and reports formulated by the assessor shall continue to be vested in Mindset, unless a written agreement stipulates otherwise. The instructing party acknowledges that the assessor provides a non-exclusive, non-transferable license to utilize the aforementioned intellectual property exclusively in connection with the case referenced in the letter of instructions, and solely throughout the duration of these terms of engagement.

3.9 Mindset will furnish the assessment or report to the instructing party promptly upon receipt of the final balance payment for the services outlined in the provided quotation(s). In the event of any delay, Mindset will make every effort to coordinate with both the assessor and instructing party to facilitate timely delivery. Mindset assumes no responsibility for any costs or inconveniences arising from such delays, nor can it be held liable if a delay stems from the instructing party's failure to settle the final balance invoice.

4. Court Appearances, Meetings, and Conferences 

4.1 The instructing party undertakes to notify Mindset within the letter. if the presence of the assessor is necessitated for court, meetings or conference purposes. Mindset cannot assure the assessor's availability for attendance of such kind if a request is made at a subsequent date.

4.2 Mindset will provide separate quotations for attendance to court meetings or conferences. The instructing party must accept liability for the quotation in writing before the assessor makes any arrangements for attending such venues.

5. Invoices

5.1 Mindset is a trading name for Holistic Care Ltd, and as such, all payments will be made to Holistic Care Ltd. This is applicable for all services provided by Mindset. Payments must be made via bank transfer, unless otherwise agreed. Payment details will be provided on all Mindset invoices.

5.2 Holistic Care Ltd is not currently VAT registered, albeit if it becomes VAT registered, it will charge VAT at the appropriate rate.

5.3 The instructing party is responsible for ensuring they have the correct payee bank details. Mindset will not be liable for any costs or inconvenience incurred by the instructing party should incorrect bank details be entered, and an alternative party is paid in error. The instructing party remains liable for fees until the payment is made in full to Mindset. Mindset will not be responsible for any losses incurred by the instructing party in these circumstances.

5.4 Unless otherwise agreed, Mindset will generate an initial invoice for 50% of the quoted amount upon receipt of the instructing party's letter of authority, and signed acceptance of Mindset’s quotation and terms and conditions. This invoice is expected to be settled within a maximum 7 days from the invoice date or prior to the client's first consultation if earlier, unless an alternative agreement has been reached. Payment must be received in full before the first consultation with the client takes place. There will be no deviation on this.

5.4 The balance of the quoted amount, in addition to any revised costs as agreed by both parties, will be issued once the consultation process has been completed. This invoice is expected to be settled within a maximum 7 days from the invoice date. Payment must be received in full before the assessment/report can be issued to the instructing party. There will be no deviation on this.

5.5 In instances where instructions are submitted by an instructing party acting on behalf of a privately paying client, the instructing party is accountable for the complete fee payment (including VAT). Any deviation from this policy will not be accommodated.

5.4 Mindset does not entertain direct instructions from the general public. The instructing party shall consistently remain responsible for the assessor's fee, as established in writing through the endorsed acceptance of the quotation and accompanying Terms and Conditions. No deviations from this arrangement will be accommodated.

5.5 Where there is more than one instructing party, Mindset should be informed as to whom is responsible for payment of the fees. This should be confirmed in the letter of instructions by the ‘instructing parties’ to Mindset, prior to the commencement of any work by the assessor.

5.6 If a client is paying privately for their legal representative, the instructing party accepts full responsibility to ensure payment is made within seven days of the invoice date and in the first instance in advance of the first consultation and then before the issue of the assessment or report. If alternative payment terms are required by the instructing party, they must contact Mindset in writing to initiate discussions. Any deviation from these terms must be agreed in writing by both the instructing party and Mindset. Mindset does not guarantee agreement to differing payment terms other than those stated within these Terms and Conditions.

5.7 Mindset does not offer services or accept instructions under a 'No Win No Fee' arrangement, wherein the client's fee to Mindset would be diminished or exempted in the event of an unsuccessful case. The instructing party bears constant responsibility for the complete fee outlined in the signed quotation. The client is accountable for ensuring the availability of funds to cover the costs of the services directed by the instructing party on their behalf or securing suitable insurance to cover the full invoice fee. The instructing party remains entirely liable, irrespective of the case's outcome.

5.8 The instructing party acknowledges and accepts that, for cases funded by Legal Aid, immediate Payment on Account (POA) or an Interim Claim will be executed to cover assessor fees in their entirety, in accordance with the signed quotation. This prompt payment upon submission of the invoice for the 100% fee by Mindset is vital to prevent any delays in the complete fee settlement.

5.9 The instructing party commits to remit late payment interest charges at a rate of 8.5% per month, calculated above the prevailing interest rate, starting from the invoice due date.

5.10 The instructing party accepts responsibility for covering any imposed charges from debt collection agencies, in addition to late payment fees and extra administrative costs incurred by Mindset for the retrieval of outstanding payments. This includes a charge no more than £5 per email or telephone call. In circumstances where invoices remain unpaid, Mindset retains the right to withhold the requested assessment or report, and/or to decline any further work on behalf of the instructing party. Mindset will not be responsible for any losses incurred by the instructing party in these circumstances.

5.11 The instructing party shall consistently bear full liability for the quoted fees. When engaging in a fixed fee agreement or when deferred payment terms are in place, the instructing party acknowledges that no reduction of fees will occur, whether through detailed assessment, court decision, or any other circumstances.

6. Cancellations

6.1 Cancellation of Appointments - A minimum of five business days' advance notice is needed from the party giving instruction to cancel or reschedule an appointment. Mindset reserves the right to charge additional fees for rearranged appointments if the notice of cancellation or rescheduling is provided less than five business days prior to the appointment.

6.2 Withdrawal of instructions – If the instructing party decides to retract the letter of instructions, Mindset retains the authority to bill the client of the instructing party for the full 100% of quoted fees pertaining to completed work.

6.4 Court Appearance, Meetings & Conferences - Mindset reserves the right to levy charges when the assessor's schedule has been earmarked for a particular court hearing, meeting, conference, or other commitment. Attendance of such kind must be indicated in the instructing party’s letter of instructions and cannot be ensured if sought after at a subsequent date. Calculations for attendance will be based on a half-day rate i.e., up to 4 hours and a full-day rate i.e., from 4 hours, up to 8 hours and be detailed within an additional quotation for which the instructing party must agree. Furthermore, supplementary fees for court or meeting preparation and travel will be in addition to the quotation and form part of the final invoice. Invoices of this nature will be payable within seven days of invoice date.

6.5 Cancellation of Court Appearance, Meetings & Conferences – Cancellation fees will be applicable if any confirmed attendances of this kind are cancelled:

100% of the full fee will be charged if less than 14 days’ notice is given.

75% of the full fee will be charged if less than 21 days’ notice is provided.

50% of the full fee will be charged if less than 28 days’ notice is provided.

6.6 Mindset reserves the right to charge the instructing party 100% of fee if less than 72 hours’ notice is provided in Legal Aid Appointed cases.

7. Force Majeure - Unforeseeable Circumstances

7.1 Mindset shall not incur liability or be considered to have violated this Agreement due to any delay or failure in fulfilling its obligations related to the provided services, if such delay, failure, or loss results from causes beyond Mindset's reasonable control.

7.2 Subject to the maximum limits allowed by relevant law, Mindset shall not be held accountable for any losses arising from its inability to deliver a service due to factors such as electronic breakdowns, strikes, or other causes beyond Mindset's reasonable control.

7.3 The instructing party hereby explicitly agrees to waive any claims for damages, whether direct, indirect, punitive, special, or consequential in nature. This includes, but is not limited to, damages such as lost business, revenue, profits, or data, for any possible reason arising from or related to this agreement. This encompasses any failure to provide the specified services, any errors, or omissions in relation to those services, as well as any delays or interruptions in service delivery.

7.4 The instructing party agrees that Mindset is not responsible for any inconvenience or costs incurred because of the assessors’ professional conduct in any matters. All assessors are subject to the Code of Ethics of the GMC & Royal College of Psychiatrists.

8. Disputes/Liability

8.1 The instructing party acknowledges and consents that Mindset's liability for negligence, regardless of whether it arises in tort, contract, or any other legal framework, in relation to any loss or harm arising from an act, oversight, or failure, will be limited to the overall invoiced/received sum by Mindset for the rendered services.

8.2 Any complaints or queries regarding the assessments, reports, or invoices provided by Mindset must be made in writing within five business days of submission of the assessment, report, or invoice. Any grievances or further explanation required concerning the assessment, report, or invoice will not be considered if submitted beyond a period of five business days.

8.3 The instructing party acknowledges that in the event of a disagreement regarding the assessor's fees or disbursements, any undisputed sums shall remain payable as originally scheduled, regardless of any counterclaim that might be raised. The portion that is under dispute can subsequently be referred to a mutually agreed-upon mediator for resolution.

8.4 Any disputes that remain unresolved shall be subject to and interpreted in accordance with the laws of England and Wales.

9. Review of Mindset's Services

9.1 Mindset reserves the right to approach the instructing party for feedback on their services. The instructing party acknowledges that this is voluntary and does not form part of their obligations.

9.2 Where feedback or a review has been completed, the instructing party agrees to Mindset using this to form part of their marketing material and/or testimonial page on their website. Mindset will continue to adhere fully to their data protection policy and will not divulge any information pertaining to an individual case or assessment.

10. Data Protection and Confidentiality

10.1 Mindset shall adhere to the Data Protection Act 1998 and GDPR guidelines when handling all information furnished by the instructing party. This information will be exclusively utilized for the intended purpose. By sharing information with Mindset, the instructing party grants consent for the utilization of such information as outlined within these Terms and Conditions.

10.2 All information received by Mindset will be handled with confidentiality. Our Privacy Policy can be obtained upon request. If the instructing party, a court of law, or any legally authorized entity makes a request, Mindset will furnish information about stored data and take necessary measures to correct, erase, or discontinue further use of the data held.

11. Relevant Law

11.1 Should any provision of this contract be deemed invalid or unenforceable, in whole or in part, by a competent authority, the validity of the remaining provisions of this contract and the unaffected portion of the provision in question shall remain intact.

11.2 The construction, interpretation, and implementation of these 'Terms and Conditions' shall be governed by English Law. Any disputes arising in connection with the contract shall be exclusively submitted to the jurisdiction of the English Courts.