Terms and Conditions
These Terms and Conditions set out the basis on which we will provide you with treatment and advice. In what follows the terms “we”, “us” and “our” refer to Wessex Fertility Limited and “you” and “your” refer to you, the person who will receive the treatment.
You should read these Terms and Conditions and any documents and web pages referred to in them carefully as they form the basis of your contract with us. (If you do not have internet access please ask for a printed copy of the relevant pages.) In particular your attention is drawn to the section headed “Limitation of liability”. Your statutory rights are not affected by anything in these Terms and Conditions.
You may find our website at www.wessexfertility.com or our printed literature, which is available on request, helpful to your understanding of our services and related matters.
If at any time you have any questions regarding your treatment or the services which we provide please ask.
Regulation and licensing
We are regulated and licensed by the Healthcare Commission and the Human Fertilisation and Embryology Authority (“HFEA”) and operate policies and procedures to ensure compliance with their regulations and codes of practice. It is important that you follow our reasonable instructions and policies in order to maintain such compliance. You may from time to time be asked to complete and sign various consent forms relating to treatments and storage of cells.
What we do
At Wessex Fertility we offer state-of-the-art treatments for a wide range of fertility and women’s health issues as well as related freezing and storage facilities for gametes and embryos (human cells). Our current range of standard treatments is detailed on our website.
Pre-conditions of treatment
Treatment will not commence until all relevant screening checks have been carried out, results are available and our medical staff are satisfied that you do not have any pre-existing medical condition or other factor that would create an unacceptable risk to you or to our staff.
Treatment will not commence until you have completed the relevant consent forms.
Self funded treatment will not commence until payment has been received by us in cleared funds.
Third party funded treatment, including NHS treatment, will not commence until funding has been confirmed to us by the funding party.
Pricing
A complete list of our charges can be found on our website or on request.
Before the planned treatment cycle commences you will be quoted and invoiced for the relevant charges.
If additional procedures are required we will discuss these with you and we will quote for and invoice them separately.
Each treatment cycle will be charged for at the normal rate and no discounted rates are available.
Prices for some elements such as medication, screening and HFEA fees may be additional and will be charged as taken. Such costs are beyond our control and may therefore vary from time to time.
Payment
Where treatment is funded by the NHS we will bill the NHS directly.
Where treatment is self funded by you we will invoice you and the invoice must be paid before treatment commences.
Our preferred means of payment is by credit or debit card. Payment in cash or by cheque can however be accepted. All payments should be made in good time so that cleared funds are in our account before treatment commences. We do not accept payment by instalments.
Any additional charges incurred by you must be paid before you leave the clinic.
If treatment is abandoned for whatever reason our refunds policy will apply.
A copy of this policy is available in the pricing section of our website or on request.
Most of the services which we provide are VAT exempt. However if non-exempt services are provided, or if legislation changes the exempt status of our services, VAT may be charged at the resulting applicable rate.
Cancellation of appointments
If you fail to keep an appointment without giving us reasonable prior notice charges may apply.
In the rare event that, due to circumstances beyond our control, we have to cancel an appointment we will give you as much notice as possible and where possible will agree with you an alternative appointment.
Details of our cancellation policy can be found on our website and will be provided on request.
Behaviour policy
We have a strictly maintained behaviour policy, details of which can be found in the policies section of our website. A printed version is available on request.
Under no circumstances will aggression or abusive behaviour towards our staff be tolerated.
Working with other units
We are engaged by formal agreements to provide licensed procedural work on a satellite basis with other hospitals/units. These agreements and the treatments which we provide under them are in accordance with relevant regulations, Healthcare Commission requirements and the HFEA Code of Practice. If we are providing treatment to you under such an agreement the terms of that agreement will apply to our relationship with that other unit and the services we provide to you.
If your treatment requires that we receive human gametes or embryos from another hospital or unit we will only co-operate with those third parties which are similarly regulated and controlled. We are not responsible for the viability of gametes or embryos received from such third parties.
Risk
All medical interventions involve a degree of risk. We at all times take all appropriate measures to minimise such risks. Any significant risks associated with your treatment will be discussed with you and your informed consent obtained before the treatment is carried out.
Confidentiality and data protection
In all of our dealings with you proper standards of medical confidentiality will be maintained and we will comply at all times with the requirements of the Data Protection Act 1998 (as amended) with respect to your personal information and sensitive personal information. Our Data Protection Policy can be found in the policies section of our website.
A copy will be provided on request.
Limitation of liability
• Overall
With the exception of liability with regard to death or personal injury caused by our negligence or that of our staff or with regard to fraudulent misrepresentation, (for which we do not seek to limit our liability), to the extent permitted by law our overall liability to you shall be limited to the price paid by you to us for the relevant treatment.
In no event shall we be liable to you for consequential or indirect losses or any financial loss such as loss of earnings. Nothing in these Terms and Conditions affects your statutory rights.
• Failure of treatment
Our team is dedicated to providing a professional, personal and friendly service to ensure you are offered the most up to date treatment, appropriate to your needs, to help increase your likelihood of success. Our success rates are reported on our website. Due, however, to the complex factors that influence the final outcome of fertility treatment, success cannot always be guaranteed and we will not be liable in the event that your treatment is unsuccessful.
• Freezing storage and disposal
Where we agree to freeze and store gametes or embryos on your behalf you will be asked to sign a consent form giving us your consent to do so. Where storage is extended beyond the initial one year period you will again be asked for your consent to this extended storage. If we do not receive your consent to extended storage we are obliged by legislation to arrange their destruction. Our storage arrangements are fully compliant with the guidelines and regulations as set down by HFEA and are subject to very robust processes and controls. We are not liable if viable gametes or embryos cannot be recovered after storage.
• Transport of human cells
Where gametes or embryos are transported from one location to another, and such transportation is arranged by us, our liability in the event of loss of or damage to those human cells in transit shall be limited to the cost of the procedure required to replace them or, where this is impossible, impractical or disproportionately expensive, to refund of the price paid by you to us for the relevant treatment.
Where gametes or embryos are transported by you, or by a carrier engaged by you, or by a carrier arranged by the clinic to which or from which the cells are being transported, we accept no liability for loss of or damage to them whilst in your care or in the care of your carrier or the other clinic’s carrier.
• Valuables
You are advised not to bring valuables or large amounts of cash with you to our premises. We accept no liability whatsoever for loss or theft of or damage to any personal property, valuables or cash which you or those accompanying you do bring with you.
Third Parties
This agreement is personal between you and us, no third party has any rights under it and you may not assign your rights under it to any other person.
Law and Jurisdiction
These Terms and Conditions are subject to, and shall be interpreted under, English law and you agree that the English courts shall have jurisdiction over any dispute arising under them.