JEMISANT Psychotherapy Business Terms

These Business Terms are the standard terms which apply to the services I provide to you [or your child] (known as the “Services”), by me, Jessica Ofula, whose business address is Jemisant.com (known as the “Practice”, also referred to as me/I/my).   

Please read these Business Terms carefully and sign at the end to indicate your acknowledgement and acceptance.   If you have any questions on any part of this document, please do not hesitate to ask before signing.

Professional Information:

• Jessica Ofula and all other counsellors working at the Practice are registered with the British Association for Counselling and Psychotherapy, (BACP), or equivalent counselling body. All Counsellors practising within the UK must be registered with a registered governing body. In order to maintain their practising registration, all Clinical Psychologists must continue to demonstrate compliance with a range of HCPC minimum standards of conduct, performance and ethics. hcpc-uk.org.

• All services offered by the Practice are delivered under the regulations in law as specified by the BACP in the United Kingdom.

Consultations and Appointments:

• Consultations shall be by appointment only.  Details of the consultation timings, length and fees shall be made available to you in advance of the consultation.

• Initial appointments can be made by emailing or telephoning me.

• Subsequent appointments can be made during your consultation with me or by telephone, email or SMS.

• If you know you are going to be late for an appointment, you should contact me to tell me. If you arrive later than 15 minutes after an appointment time, I will try to provide the Services you have booked but if I decide that I cannot, the appointment will be treated as cancelled without notice by you and, if I then decide to make a charge for that appointment cancelled without notice, you will be required to pay the full price of the appointment, less any advance payment already made by you.  This is the case no matter whether the appointment is for a face to face, online, or telephone session.

Online Sessions:

• Sessions may be provided online via a pre-agreed livestream service (for example Zoom, Teams, WhatsApp, Skype).

• When using a third-party supplier for online sessions your personal and special category data will be treated in accordance with my Privacy Policy.

• If I provide any of my Services as a livestream, then I will use reasonable endeavours to make it available and start it at the time it is scheduled to start, but the start may be delayed by circumstances beyond my control. I will not be liable for any such delay.

• In some limited circumstances, I may need to suspend the provision of an online session for one or more of the following reasons:

(1)     To fix technical problems or to make necessary minor technical changes.

(2)     In the event of illness or other circumstances beyond my control.

• In the event of any of the circumstances listed above occurring, then I will use reasonable endeavours to give as much notice as possible to you.

• I will not be liable to you for any costs or losses incurred by you as a result of using any third-party online provider for the purposes of attending a session virtually with me. You should make yourself familiar with such providers own terms and conditions and privacy policy.

• Ahead of your on-line session, I ask you to plan where in your location you will sit for the meeting. It is important that the connection to the internet is as strong as possible.

• I will share with you some verbal best practice tips for accessing my services via an online provider either before or at the beginning of the first online session.

• It is important that you ensure the space is private and that you cannot be interrupted or overheard. You are strongly encouraged to make any necessary arrangements with anyone you may normally share the location with to ensure that your protected space can be achieved.

• Wearing earphones attached to the mobile, laptop or tablet device is helpful in blocking out “feedback” noise and ensuring extra privacy.

Recording of sessions

• To maintain my high-level professional accreditations, I am required to audio or video record some therapy sessions to be discussed within my clinical supervision. It is important to note that there is no expectation or requirement for you to agree to this, but please let me know if you would feel happy for your session to be recorded for this purpose.

• I am occasionally asked by clients if they can record our session to listen again in their own time. In most circumstances this will be fine, but please note that you must gain my written consent in advance. Clients are not permitted to record sessions without receiving my written consent. This applies to any form of recording device including phones and live Skype/Facetime/Zoom etc video recording programmes.

• Where sessions have been recorded, clients are not permitted to share, broadcast, distribute or make available online the recordings without my written consent. If you would like to share the recording with someone (e.g. a family member, partner) please discuss this with me.

OR

• You must not record the session without discussing and agreeing this first with me. It is not permitted, under any circumstances, that any agreed recording is shared with others or in any social media platform.

Cancellations:

• You may cancel an appointment without charge if you give me at least 48 hours in working days prior notice of the cancellation. If you do so, I will refund to you any sum you paid in advance.  For example, cancellations for appointments on Tuesdays have to be communicated to me on Fridays. 

• Any cancellations made with fewer than 24 hours’ notice will be charged at the full rate, and cancellations made between 24 and 48 hours’ notice will be charged at 50% of the full rate. This is the case no matter whether the appointment is for a face to face, online, or telephone session.

OR

• If you do not give me at least 48 hours in working days prior notice of cancellation of an appointment, I will be entitled to charge you for any net financial loss that I suffer due to your cancelation but no more than 25% of the full price of the appointment. I will be entitled to deduct that charge from any sum (including, but not limited to any deposit) you paid in advance, and I shall refund the balance to you.
• If, due to exceptional circumstances you cancel an appointment without giving me at least 48 hours in working days prior notice I will consider the circumstances an in my discretion decide whether to waive any charge for late cancellation that are entitled.

• Please note, I will always try to arrange for another client to attend to avoid you having to pay the cancellation fee. However, it is usually not possible to book another patient in at such short notice.  If you cannot attend in person, an online or telephone consultation will be offered instead.

• [Cancellations with fewer than 48 hours’ notice, or failures to attend are likely to be counted as one of your designated appointments, where funding is via a health insurance company, your employer or is provided as part of a legal process. You should check with your health insurance policy to ensure you know when they will and will not cover your costs].

• I may cancel an appointment booked by you at any time before the time and date of that appointment in the following circumstances:

• The required personnel and/or required materials necessary for the provision of the Services are not available; or
• An event outside of my reasonable control occurs.

• If I cancel an appointment in such circumstances, I will refund to you in full any advance payment that you have made to me for that appointment.

• I will use all reasonable endeavours to start the appointment at the time you have booked but the start may be delayed by overrun of a previous appointment or by other circumstances. If a delay to the start is at least 30 Minutes or at any time before or after you arrive for an appointment, I notify you that there will be a delay of at least that time you may cancel the appointment and I will refund you in full any deposit or other advance payment that you have made to me for that appointment.

• Bookings made via telephone/email/website. Where the contract I make with you is made over the telephone or via email/online booking, the law gives you the rights set out in this paragraph, and they will be in addition to the rights given to you by the above provisions of this section.  You may for any reason cancel an appointment made in this way during the 14-day period after we accept the booking.  However, if the appointment is on a date which is before the end of that 14-day period and if you have expressly requested me to provide Services at that appointment and I do so, you may not cancel that appointment and you must pay for it in accordance with these Business Terms. If you request that your appointment be cancelled, you must confirm this in any way convenient to you. If you cancel as allowed by this paragraph, and you have already made any payment(s) to me for the appointment, I will refund the payment(s) to you within 14 days of receiving your cancellation.

• If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside my control, I will not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

• If sessions are held in person at a third-party venue, you agree to comply at all times with that venue’s policies and rules about that venue (particularly fire safety and health and safety rules).

• You are responsible for your own belongings that you take to a session and neither me nor any third-party venue will be liable for any loss, damage, theft or destruction of any of your belongings.

Fees & Payment:

• You must pay for all Services in accordance with my current price list either before or upon completion of provision of those Services.

• Payment of my fees will either be due or invoiced either before or at the end of a consultation. I shall let you know when you make the appointment when the fee for that session will be due and payable.

OR

• [Due to high demand and in order to most effectively manage my waiting list I am unable to hold an appointment slot without payment. Payment of the initial consultation must be made in advance in order to secure your appointment.]

• You may pay me for Services (and for any deposit or other advance payment on account of that payment) using any of the following methods

By BACS transfer to the following account:

Name:                       Jessica Ofula

Bank:                        Lloyds TSB

Sort Code:                309591

Account Number:     48725460

[By debit or credit card]

• Clients are requested to use the reference number on the invoice, so that the payment can be easily identified.

• All prices of Services shown in the price list are exclusive of VAT (which is not chargeable unless I notify you otherwise).

• I may alter my prices without prior notice but if the price of any Services increases between the time when you book an appointment and the date of the appointment, the price increase will not apply to your appointment for those Services on that date.

• Chasing unpaid invoices attracts an administration and interest charge of 8% above the Bank of England base rate from the due date until the final settlement date. I may suspend the provision of my Services to you in the event that any due fees remain unpaid.

Medico-Legal Funding

• For clients attending therapy as a result of a personal injury or medical negligence claims process, funding will normally be provided via their legal representative. I invoice and collect payment from the legal representative unless otherwise agreed. I invoice for missed or late cancelled (fewer than 24 hours’ notice) appointments unless under exceptional circumstances. Payment for cancelled appointments or for any failure to attend without prior notice may be the client’s own responsibility. I advise medico-legal clients to check with their legal representative what the arrangements for payment are in the event of missed or late-cancelled sessions.

Funding via Employer

• For clients attending therapy through a direct arrangement with their employer or the employer’s representative, I normally invoice and collect payment from the employer or the representative unless otherwise agreed.

• Invoices are sent monthly to the employer or representative. Payment for cancelled appointments or for any failure to attend without prior notice may be the client’s own responsibility. I advise clients to check with their employer or their representative what the arrangements for payment are in the event of missed or late-cancelled sessions.

• Please note, my commitment to client confidentiality is not affected by who pays for the service provided by me.

Private healthcare funding

• Each provider and every healthcare plan has different rules and regulations of engagement. As the insurance policy holder, you are responsible for checking with the insurer how many sessions will be funded and whether you have the responsibility to part-pay the fee.

• If the Services are being covered by your private healthcare insurance (e.g., AXA, Aviva, BUPA, etc.) please provide the name of the insurance company, your policy number and authorisation code:

Insurance company: ………………………………….       Policy no: …………………………………….

Authorisation number/code: ……………………………………………………

• I am not a party to any contract between you and your insurance provider.

• Please note that some insurance companies will not pay for any missed/cancelled appointments, and in such circumstances, you will be fully liable to pay the full costs to me for the missed treatment (see above). You should check your health insurance policy to ensure you know when they will and will not cover your costs.

• If you are obliged to pay any excess or part payments as part of your health insurance policy, then these will be paid by you directly to me as per the terms set out in the fee section above.

• In cases where your treatment is being covered in full by a health insurance company then payment of my charges will be made by your health insurance company and the payments terms in this section will not apply to you except of missed treatments (see above).

OR

• You will be responsible for payment of all outstanding chargers on your account regardless of the cover you have. It shall be your responsibility to pay all sums due to me and to reclaim such sums from the insurance provider. You should keep track of the number of sessions that have been agreed by your insurance company and to alert them if any treatment session is needed.

Confidentiality:

• The information discussed in my consultations and appointments with you are of a confidential nature. I provide a safe place in which you [or your child] can share your feelings and thoughts with me.

• I will ensure that any confidential information you [and/or your child] disclose to me shall not be disclosed to any person except as permitted in this section.

• I may disclose confidential information relating to you [and/or your child]:

• to my employees, advisers, other healthcare professionals or social agencies who need to know such information for the purposes of carrying out my services to you;
• as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; and
• if I believe that you are at risk of harming yourself or others, in which case I am entitled to report this to the relevant organisation. Where possible any breach of confidentiality related to risk of harm will be discussed with you [and/or your child] first.

• I shall not use your confidential information for any purpose other than to perform my obligations under these Business Terms.

• I shall ensure that any person to whom I disclose your confidential information to in this section also comply with these confidentiality obligations.

• It is a requirement for all psychological therapists to have regular Clinical Supervision sessions in which they discuss their work in a safe confidential space with an equally or more experienced colleague. All work that is discussed in these sessions is completely anonymised. Supervisors are bound by the same professional and ethical regulations as my practitioners and do not discuss clinical material outside of the supervisory context.

GP

• I am obliged to inform your referrer (if applicable) of your progress, but the details disclosed will be discussed with you beforehand. I also recommend that you inform your GP about our sessions. I require your GP’s name and surgery address and details of your next of kin/emergency contact person.

• If a medical or legal professional or social worker requested information from me, I would not release this without your consent unless there was a legal obligation to do so.

Referrals to other Professionals

• Sometimes I provide a referral service in which I may suggest one of my associate professionals deal with certain therapy services for you.  In the event I refer you to another clinician, you should be aware that I am not responsible for the therapy services they provide.

• You will therefore need to also enter into terms and conditions regarding the provision of the services directly with the therapist who has been allocated to provide those therapy services to you.

• The therapist providing their therapy services to you will be fully responsible for the services they provide and nothing in these terms and conditions makes me liable in any way (including being clinically liable) for the therapy services provided by the other clinician.

• Please be assured that all the therapists that I refer clients to have been vetted and are of a high standard.

How I Use Your/the Patient’s Personal Information (Data Protection)

• I will only use your personal information as set out in my Privacy Policy on my website at Jemisant.com. If you do not have access to the internet, I can provide you with a printed version of our Privacy Policy.

• I am registered as Data Controller with the UK Information Commissioner’s Office (ICO) as required by the Data Protection (Charges and Information) Regulations 2018.

ADDITIONAL OPTIONAL CLAUSES

Note keeping and email;

• will I keep an electronic copy of notes from each of the sessions. I will also keep a copy of your contact details.

OR

• Brief notes are made after each session in order to recall information and support our work together.  Notes are kept securely, according to the Data Protection Act (2018).  Notes are not kept on a computer.

• These will be kept as electronic password-protected documents on a password-protected computer.

• I will also keep a back-up on an encrypted memory stick which is stored inside a locked cabinet.

• I will not keep paper copies of any documents

• I will store children’s notes for seven years after their 18th birthday in keeping with national guidelines, after which time they will be destroyed.

• I retain ownership of the notes, but I am happy to discuss their contents with you and you also have a right to access them formally. Should you wish to do this, please contact me in accordance with the Your Rights section of my Privacy Policy.

• It is also possible for the courts to access these documents should they need to in relation to a matter of public interest. In this unlikely event, you would be informed of this before the notes were released.

• [If I need to send emails that contain detailed information about your child’s care (for example to yourself or to your GP), I will attach the information as a password protected word document, with the password sent separately. I would encourage you to do the same if you need to email me detailed information. ]

Limitation of Liability:

• I will be responsible for any foreseeable loss or damage that you may suffer as a result of my breach of these Business Terms or as a result of my negligence. Loss or damage is foreseeable if it is an obvious consequence of my breach or negligence or if it is contemplated by you and me when a contract with you is created. I will not be responsible for any loss or damage that is not foreseeable.

• I provide all Services only for your personal and private use/purposes. I will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

• Nothing in these Business Terms is intended to or will exclude or limit my liability for death or personal injury caused by my negligence, or for fraud or fraudulent misrepresentation.

• Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Business Terms is intended to or will exclude, limit, prejudice, or otherwise affect any of my duties or obligations to you, or your rights or remedies, or my liability to you, under the Consumer Rights Act 2015; the Consumer Contracts (Information and Additional Charges) Regulations 2013; the Consumer Protection Act 1987; and any other consumer protection legislation.

• For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standard Office.

• The Practice does not recommend or make any representation about the efficacy, appropriateness or suitability or any treatments, services or opinions. I cannot guarantee any outcome nor promise to provide a diagnosis.

Changes to these Business Terms:

• I may from time to time change these Business Terms without giving you notice, but I will use my reasonable endeavours to inform you as soon as is reasonably possible of any such change.

Complaints and Standards

• I am committed to providing as helpful and compassionate a service as possible to meet the needs of all my clients.

• I always welcome feedback from my clients and, whilst I shall use all reasonable endeavours to provide a high standard of service, care and treatment to all clients and patients, I nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about my Services or any other complaint about me, please raise the matter with the me either by email or telephone.

• If this is not possible, or should you feel you would like to take the matter further, you can contact the British Association for Counselling and Psychotherapy for further advice. https://www.bacp.co.uk/submitting-complaint

• You may wish to raise your concern directly with the Health and Care Professions Council, should you feel you have encountered an issue of fitness to practise. This can be done by following this link: https://www.hcpc-uk.org/concerns/raising-concerns/

Crisis management and emergencies

• The type of psychological work offered is not suited to managing emergencies or crisis. If you require urgent help between appointments then please contact your GP, use the NHS 111 service for advice, phone 999 or attend A&E. You can also contact the Samaritans’ anonymous helpline on 116 123 or Childline (until you turn 19) on 0800 1111.

Holidays

• I will give you a minimum of 4 weeks’ notice of any planned holidays dates when I will be unavailable.

• I require, where possible, 3 weeks’ notice of any planned holidays from you.

General

• I reserve the right, at any time, to withdraw therapy and my Services to you based on clinical judgement. In such circumstances, any advance payments will be refunded for any Services not provided.

• I will not undertake any procedure that is in conflict with any law in force, any voluntary or mandatory code or practice, or any similar rules, regulations or codes.

• I insist that I do not meet you or your child face to face if you are experiencing symptoms of an infectious illness, e.g. coronavirus, chest infection. Online or telephone sessions can be arranged in lieu, should you or your child be well enough.

• Appointment times or other queries can be clarified by contacting me.

• If you need to contact me between appointments, please do so by email or telephone. I do not provide therapeutic support outside of therapy sessions. My working hours are variable. I aim to respond to emails/voicemails within 24hours.

• I am required to ensure that certain information is given or made available to you as a Consumer before I make my contract with you except where that information is already apparent. I have included the information itself in this Business Terms or I will make it available to you before I accept a booking from you. All that information will be part of the terms of my contract with you.

• If you have any questions regarding these Business Terms, please do not hesitate to discuss with me, either in a session or by contacting me.

No Waiver

• No failure or delay by me or you in exercising any rights under this Business Terms means that I or you waived any right, and not waiver by me or you of a breach of any provision of this Business Terms means that I or you will waive any subsequent breach of the same or any other provision.

Severance

• If any provision of these Business Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Business Terms and the remainder of the provision in question shall not be affected.

Governing law and jurisdiction

• These Business Terms are subject to the laws of England & Wales and the jurisdiction of the English Courts.

• As a consumer, you will benefit from any mandatory provisions of the law in your country of residency.

I may from time to time send you details of my services or products that I feel may interest you. You may opt out of receiving such communications at any time by contacting me. If you would like to receive such offers, please tick below:

 by post

 by email

GP name & surgery address:

……………………………………………………………………………………………….

………………………………………………………………………………………………..

Next of kin/Emergency contact person:         Name: ………………..……………………………….. 

Relationship to you: …………….………………….

Contact details: ………..……………………………

Please sign here to confirm that you have read, understood and accept these Business Terms.

Signature        ______________________________ Date                __________________

Print name      ______________________________ On behalf of _______________________

Date of Birth    ________________________

Email ____________________________________  Phone ______________________________

Thank you for reading and completing this form.