Engagement In Our Services Letter Terms And Conditions

Introduction

Our practice has a focus on changing the way dentistry is experienced by our patients. We strive both in our clinical care and our service delivery to make this experience as pleasant as possible for all those who visit us. Our practice is one in a group of practices with this focus, which is called the Pain Free Dentistry Group. With our vision of dentistry delivery, always looking to improve into the future as medical care, technology and patient services improve we endeavour to remain at the cutting edge and be a practice that our patients and team alike are proud to be part of.

Set out below are our terms of service so that both our patients and practice teams understand the expectations of our delivery of care.

Application and this entire agreement

The terms and conditions apply to the provision of the services detailed in any estimates, quotations, consent letters, patient information materials and treatment plans provided to you (the patient).

You are deemed to have accepted these Terms and conditions from the date that you attend for examination or treatment at the practice.

You acknowledge that you have not relied on any statement, promise or representation made or given by on our behalf. These conditions apply to the exclusion of any other terms that you try to impose or incorporate, or which implied by custom practice, profession or course of dealing

Our Services

We warrant that we will use reasonable skill and care in the provision of our services which comply with the quotations of the services provided including any specification in all material respects. We can make changes which comply with any applicable law, safety requirement or clinical need and we will notify you if this is necessary

We shall use our reasonable endeavours to complete the performance of the services within any requested or agreed timeframe set out in the quotation however, it must be recognised that we are not in control of many factors including, but not limited to biological issues such as healing, biological response and tooth movement times as well as, delays in courier delivery, third party manufacture of medical devices, fulfilment ordering of required components, unplanned issues with our practice facility and equipment, personal emergencies and sickness of key staff members as well as acts of God

All of these terms and conditions apply to the supply of goods as well as services unless we specify

We will provide dental services to you in connection with this engagement. Our services will be provided solely for your benefit. No other party shall be entitled to rely on our services for any purpose, and we accept no responsibility towards any person other than you and the treatment you have undertaken with us. We will not communicate with any other party whether related to you or not without your expressed permission

Your obligations

To meet your treatment requirements, you must attend your appointments at the agreed time and frequency. Any failure to meet your planned appointments may result in delays, reduced quality of treatment outcomes, possible changes to your plan and possible increases in cost for treatment.

You will agree to our cancellation policy with notification of any appointment changes 2 full business days prior to you originally planned visit time.

You are expected to keep your oral health in an acceptable condition with use of the appropriate cleaning aids and frequency as directed by the dental team as well as maintaining your dental health review appointments at the appropriate recall intervals.

You must supply us with all relevant information with regards to your treatment including medical and dental history, personal issues that may affect your treatment and any information pertinent to the delivery of your care.

We are not liable for any delay or failure to provide services by your failure to comply with your obligations.

Consent to your treatment

Dental consent is an ongoing requirement. Your treating clinician will determine whether your consent will need to be in written, verbal or implied.

Written consent will be provided to you via digital document unless otherwise requested in paper form or determined by your treating clinician.

You agree that it is your responsibility to disclose in full any points that may support your clinician in providing consent and that you will have the opportunity to ask any questions before your consent to treatment in given.

If you would prefer written consent as confirmation when a clinician deems verbal or implied to be appropriate, then you must state this prior to undergoing any treatment.

Timing and provision of your treatment

Dentistry is not an exact science and like all medical sciences your treatment is not 100% predictable in outcome or timeframe. Your treatment is unique to you and cannot be compared to any other person that may seem to be undergoing similar types of treatment.

By undertaking treatment with us you accept that your treatment may take longer than originally foreseen.

This may mean not only a longer time until the date of completion but may also require further appointments.

We accept no liability for any further costs including but not limited to extra travel, time from work or inconvenience experienced by you through the nature of your treatment.

We will endeavour to update you at the earliest opportunity whenever it becomes apparent that your treatment may take longer.

It must be recognised that appointment times, number of appointments and the duration of your treatments are estimated at the outset with the information we have available at that time and any estimate on time frame will be based on this information along with our experience in providing this care. However, it must be recognised that individual variation is not something we are able to control.

In many cases treatment times are not set and are dictated as the progression of healing, biological response or tooth movement happens. We do not promise anyone that treatment will be finished by a specific date and any indictive dates given to you will remain indicative throughout.

Standards of work cannot and will not be compromised to meet time constraints

Clinicians as self-employed status

Our clinicians are self-employed contractors allowing them to make decisions in favour of the patient and keeping those interests above those of the company they are contracted under.

With our team approach our clinicians may deem the treatment more suitable to be referred to a colleague within the practice and occasionally externally should the need arise.

It should not be expected that you will see a single clinician for all your treatment, and we make no representation that this is the case, most commonly due to areas of expertise, shift patterns and holidays.

If deemed in your best interests to refer you elsewhere for treatment we will pass your relevant personal and clinical information to the practice/clinician we feel is most appropriate for your ongoing care. We accept no responsibility of the service or care provided buy this third party.

Any complaints will be managed by the indemnity of the individual clinician prior to being escalated to that of the company if and when appropriate.

Treatment guarantees

As a summary of the guarantee process, we guarantee the following treatments in the following circumstances:

1. Dental Implant Treatment – In relation to any mechanical breakdown of the implant(s), restoration or supporting structures, we will guarantee the treatment completed at the practice for up to five years providing patients attend the practice for recommended maintenance appointments throughout the entire five-year period or (if appropriate) attend an appropriately trained General Dental Practitioner for similar maintenance appointments.

If attending another General Dental Practitioner this must be agreed in advance by the treating dentist in writing and if guideline standards are not met by you being treated elsewhere, we cannot uphold you guarantee

2. In relation to any biological (non-mechanical) implant failure, mainly relating to the gum and bone, we will undertake (on your behalf and with your permission) a third party 12-month warranty at no further cost to you to reimburse the practice for any work to be undertaken by us to correct the biological failure and complete treatment as planned. Following this 12-month period (and each year) you will have the option to continue this cover for a further 12 months.

Please note that this warranty is also dependent on attendance at the advised maintenance appointments as set out above. This policy is provided by a third-party company and restricted to their terms and conditions.

3. On restorative treatment for porcelain crowns, veneers, inlays and onlays we will provide a five-year guarantee against mechanical fracture.
4. Composite/bonding restorations are given a 3-year guarantee.
5. On failure of an endodontic treatment (Root Canal) within five years we will offer an extraction of the tooth as required free of charge unless referral to a specialist colleague is required.
6. Dentures are given a 3-year guarantee against breakage and fracture in normal use. If fit is not ideal due to changes in gum shape, then a reline will be carried out at a reduced fee.

Pain Free or your money back guarantee

1. If at any time during your treatment, whilst in our treatment rooms, you experience pain and are unhappy please tell your treating clinician you experienced pain and would like the manager to contact you after your appointment to arrange for your money back repayment. We will then arrange a suitable time for you to be contacted.
2. If your treatment involves numerous appointments for a particular procedure, you will receive repayment in proportion to the particular appointment for treatment that was painful (not the full course of treatment over numerous appointments). This is determined by the practice, based on the amount of time used in the dental chair (pro rata for the complete treatment). An explanation of the calculation can be provided if requested.
3. Before you commence treatment, please remember that on occasions having treatment completed certain aspects may be uncomfortable. Our aim is that this is fully explained to you beforehand and you are well aware of any potential before beginning your appointment.
4. Your experience after treatment is subject to your body’s unique healing potential and is controlled by multiple factors including but not restricted to pre-treatment condition, genetics and hormones. On the rare occasions that you experience discomfort once you have left the surgery, we will always do our utmost to ensure you are aware of any potential post treatment discomfort but cannot provide this guarantee as set out above due to each person’s individual healing response.

Occasionally due to a dental emergency arising (eg. ‘hot-pulp’ or swellings/abscesses) emergency dental treatment is deemed clinically necessary to avoid potentially life-threatening complications. Unfortunately, in these circumstances local anaesthesia may not be appropriate or when deemed appropriate to use may not work as effectively. Therefore, some unavoidable discomfort during the procedure may be experienced. Due to the necessity of this emergency treatment to be carried out under our duty of care to our patients, we unfortunately cannot offer the pain-free money back guarantee on such occasions. We will however only provide the necessary treatment with your full consent at this time and allow you to return to complete any outstanding treatment at a later date under normal guarantee conditions.

Estimates of treatment costs

Estimates/Quotations will be set out at the beginning of treatment as an itemised service.

If you request changes to your treatment or a further investigation or complication warrants a deviation from your original plan (determined by a clinician) you will be informed of this and a new detailed item of services fee estimate will be provided.

Prices estimated/quoted are valid for 30 days and are fixed until the completion of your treatment as long as appointment times are met.

Price rises for treatments will occur periodically to meet the practice needs without notice other than an updated quotation for new treatments.

Payment

Payments must be set out and agreed at the start of your treatment and delivered via pay as you go card/cash paid prior to booking your next appointment, a direct debit arrangement or by 3^rd party finance (any lab or material fees must be paid in full prior to medical device or material/componentry ordering).

If you do not pay within the required process set out above, we can suspend any further provision of services and can cancel any future provision of services requested or arranged by you.

Receipts for payments will be issued at your request.

We do not accept cheques as a method of payment.

Deposits for appointments

For any appointment that is being carried out under a pay as you go contract, we require a deposit to be left to guarantee your appointment. This deposit is to book your place in our clinical diary and is required for all patients. This process dramatically reduces the number of failed appointments which in turn rewards our patients and team by minimising wasted appointments, making more availability for those that need appointment time and reduces the need to raise prices to compensate for the losses placed on us by those who fail to attend their planned visits. If you cancel your appointment by providing us the required notice, then we will of course fully refund any deposit you have provided.

Membership plans (Pain free plan and Forever young club)

Our membership plans are for a minimum 12-month contract

Cancellation of your plan can be given by 3 months’ notice in writing or via email to the practice.

If you have received any discounted treatment in the 12-months preceding you end of membership date, then you are liable for the full costs of this treatment(s)

Cancellation and amendment

We can withdraw or cancel a quotation prior to commencement of treatment.

If an amendment is required, you will be notified prior to commencing of your next treatment and we will endeavour to do this at the earliest opportunity and keep any changes to a minimum.

If you wish to amend any details of the services, you must tell us as soon as possible and we may request that this is done in writing.

Termination

We reserve the right to terminate the provision of services immediately if you;

• Commit a material breach under these terms and conditions
• Fail to make any payments due
• Become abusive to any of the practice team
• Have a break down in the trust relationship
• Make any false representations of us to any person, online forum or review platform/social media

Intellectual property

We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and indemnity

Our liability under these terms and conditions and in breach of statutory duty and in tort or misinterpretation or otherwise shall be limited as set out in this section.

The total amount of liability is limited to the total amount of fees payable by you under our contract.

We are not liable (whether caused by our employees, agents or otherwise) in connection with provision of services or the performance of any of our other obligations under these terms and conditions or the quotation for;

• Any indirect, special or consequential damage, costs or expenses or
• Any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, business interruption or other third-party claims or
• Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control or
• Any losses caused directly or indirectly by any failure, or you breach in relation to your obligations or
• Any losses arising directly or indirectly from the choice of services and how they will meet your requirements or your use of services
• Nothing in these terms and conditions shall limit or exclude our liability caused by our negligence or fraudulent misrepresentation or for any other matters for which it would be unlawful to exclude or limit liability

Communications

All notices under these terms and conditions shall be deemed to have been duly given when delivered in paper or electronic form on the first day following delivery of the document.

This notice will be addressed to the most recent address or email address notified to us.

Should you feel the need to speak to a supervising member of our team

If you do feel the need to inform us of anything, please do not hesitate to contact the practice directly by whatever communication method you prefer. We will listen to any comment you wish to make and if appropriate to gather any further information and respond to you as soon as possible.

If you do have a formal complaint you wish to make, we have a process that we must follow. We always wish to resolve any issue you may have locally and in a timely manner. Our formal complaints process is governed by the requirements set out by our practice insurance/indemnity companies as well as meeting the requirements set out to us through GDPR, data protection and the GDC. Upon request we can provide you with a copy of our formal complaints policy. It must be noted that any formal complaint process takes longer to resolve due to the nature of the requirements we must undertake.

Severance

If one or more of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these terms and conditions (which will remain valid and enforceable)

Which law will govern the contract?

This Agreement, and any issues or disputes of whatever nature arising out of or in any way relating to it or its formation (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation, or otherwise) shall be governed by and construed in accordance with the laws of Scotland. The Parties submit to the exclusive jurisdiction of the courts of Scotland.

If you need any further information, then please do not hesitate to contact us directly by phone or email.