MCB means Medical Clerical Bureau Limited, the Customer is the person(s) to whom this document is addressed and/or any person who accepts any offer contained herein. MCB also refers to The Archive Bureau (TAB) and Legal Bundle Bureau (LBB).
These terms and conditions shall be interpreted in accordance with English/UK Law and/or any European Law that is applicable to UK legislation and all disputes shall be decided by the English courts.
The placing of an order, and its acceptance by MCB, shall constitute a contract on the following conditions, which shall be paramount to any proposed by the Customer except as otherwise agreed in writing by MCB. It is strongly suggested that orders are written, as MCB will not be held responsible for discrepancies arising from orders that are not.
All work undertaken by MCB is done so as an agent for the instructing client and we will not give opinion or advice on the merits of a legal case as this is the work of relevant experts. The work we complete is carried out as per the client’s instructions under the terms of their company’s Professional Indemnity Insurance.
Statement of Costs
Nursing/Specialist Staff Charge
Unless otherwise agreed, our current hourly charge for sorting and summarising records is £58 per hour plus VAT. Specifically we:
ð sort, paginate and index medical records in accordance with MCB’s standard procedures.
ð summarise/produce a chronology, pointing out any omissions in the records.
In order to facilitate the work of sorting, there are certain administrative tasks that we may need to undertake that may incur additional costs such as:
ð estimates – additional work incurred for the purpose of preparing estimates, regardless of whether the estimate is accepted;
ð obtaining medical records – requesting and obtaining medical records from their originators on behalf of a solicitor;
ð copying – preparing documents for sorting by copying back to back pages on to single sheets, splitting multiple document pages on to single pages and the preparation of duplicate copies of the completed bundle;
ð work partially completed – where work has been carried out on a case but the case is then placed on hold for a long period of time;
ð scanning – uploading scanned documents to the Archive Bureau or onto a disc for sharing of files
ð shredding - destroy to a high grade any unnecessary paperwork;
Where estimates are required, these are based on MCB’s current fees and costs of production and, unless otherwise agreed, are subject to amendment at any time after acceptance to meet any rise or fall in such costs.
Cheques are to be made payable to Medical Clerical Bureau Limited.
BACS payments are to be made to: Sort Code: 09-06-55. Account No: 42487491.
Settlement/Cancellation of Projects
Where the Customer cancels a project that has already been started, MCB reserves the right in its discretion to charge for the work completed to the point of cancellation at its normal rate.
Credit Facilities and Terms
Save as otherwise agreed in writing, MCB’s Credit Terms are as follows:
- Payment is due within 60 days of the invoice.
- Deferred payments are only permitted by prior agreement.
- Any invoices still outstanding after 90 days of completion without prior agreement in writing will be subject to interest at the rate set out under the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
- MCB may suspend performance of any services requested by the instructing Customer whether in relation to the matter where payment has not been made or any other matter where the Customer has requested MCB to perform the Services. MCB shall not be liable to the Customer or to their client or any other person whatsoever for any loss or damage caused by such suspension.
Proofs of work may, on request, be submitted for Customer’s approval and MCB shall incur no liability for errors not corrected by the Customer in the proofs so submitted. Customer’s alterations and additional proofs necessitated thereby shall be charged extra (plus VAT is payable).
All copyright, database rights and other intellectual property rights in the site and the non-client material available on the site belongs to the MCB, and the use of the site does not give users any proprietary rights in such materials.
MCB is registered under the Data Protection Act 1998 and as required has put in place suitable physical, electronic and managerial procedures to safeguard and secure the data stored and information collected.
MCB shall not be liable for any loss or damage, financial or otherwise, to the Customer arising directly or indirectly from any cause whatsoever unless exclusively caused by the negligence of MCB or any person for whose acts and omissions MCB is liable in which case MCB’s liability shall be limited to a sum equivalent to the price of the project in connection with which such liability arises.
No claim will be entertained in respect of quality of work unless made within ten days of receipt of the work.
Advice of damage, delay or partial loss of goods in transit or non-delivery must be given in writing to MCB within three clear days of delivery (or in the case of non-delivery, within 7 days of dispatch). MCB shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves that:
- It was not possible to comply with the requirements and
- Advice (where required) was given and the claim made as soon as reasonably possible.
MCB will notify the Customer of dispatch of goods sent to the Customer’s last known address by electronic mail, first class post or personal delivery.
MCB shall be under no liability if it shall be unable to carry out any provision of the contract for any reason beyond its control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, burglary, failure of power supply, mechanical breakdown, lock-out, strike or other action taken by employees in contemplation or furtherance of the dispute or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency, the Customer may give written notice to MCB to elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
MCB shall not be liable for any consequential loss or damage howsoever caused or suffered by the Customer (or a third party).
Unless otherwise agreed, if the Customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due, or being a Company, is deemed to be unable to pay its debts or has a winding up petition issued against him, MCB without prejudice to other remedies shall:
- Have the right not to proceed further with the contract or any other work for the Customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the Customer, such charge to be an immediate debt due to MCB.
Interference and Violation of the Website
Any violations or attempts to violate or interrupt the Archive Bureau services are strictly prohibited, and may result in criminal or civil liability.
The following activities are also expressly prohibited without the Archive Bureau’s prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the website or any of its content; to reproduce the website or any content on any other server, website, public electronic retrieval system or service; the collection or use of product listings, descriptions, or prices for a competitor or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Archive Bureau’s website infrastructure or otherwise interferes with its functioning.
The unauthorised access or use of the Archive Bureau services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without the express authorisation of the Archive Bureau is prohibited.
The interference with service to any client or network including and without limitation, includes flooding, or deliberate attempts to overload a system and broadcast attacks. The use of any device, software, or routine to interfere or attempt to interfere with the proper working of the services is prohibited.
Users should not decompile, dissemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the “software” tools (including the tools, methods, processes and infrastructure) underlying the Services or any other software on the Archive Bureau website.
You agree to defend, indemnify, and hold harmless the Medical Clerical Bureau, directors and employees from and against any claims, actions or demands, recoveries, losses, damages, fines, penalties, including and without limitation reasonable legal fees, alleging or resulting from your use of the Service, or violation of the rights of a third party or your breach of this Agreement or other Archive Bureau policies, terms and conditions.
The failure of the Medical Clerical Bureau to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.
The Archive Bureau