Gogotec Limited TERMS & CONDITIONS
In the following, references to the “Company” shall mean Gogotec Limited, its employees, affiliates, third-party information providers, merchants, licensors or the like.
These ‘terms’ are governed by the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.
“Worker”: A healthcare professional using Gogoflo in search of temporary work within a healthcare organisation
“Client”: A healthcare organisation in search of Workers to carry out temporary shifts
“Shift”: A temporary job offered by a Client, with a specified date and time lasting no more than 24 hours.
“Cloud Group”: A group of Workers of a specific job title.
“Rate”:Cost per hour to the Client
“Maximum Rate”: Maximum cost per hour to the Client when Posting a Shift
“System”:The Gogoflo app or dashboard portal used for the management of Shifts
“Breaking glass”:Going above the price cap
“Post”:The upload of a Shift onto the System and then advertisement to the Worker
“Price cap”:The Rate specified by NHS Improvement that trusts must not go over in the procurement in temporary staff
- Gogoflo agrees to carry out industry standard pre-employment checks before allowing the Worker to accept a Shift and will not allow a Worker to do so unless 100% compliance is achieved in relation to all checks stated below:
- A successful enhanced DBS (formerly CRB) check
- ID checks using the DBS framework, which includes at least one photographic ID and one evidence of current address
- ‘Right to work’ checks
- A recorded 10-year employment history
- X2 Clinical references from previous or current employers with no concerns raised
- Verified contact details including full name, date of birth and address
- Proof of registration with a professional body (NMC/GMC/HCPC/GPhC) where appropriate, with a check against the live database to verify registration and status
- Acceptance of the Gogoflo Staff Handbook which outlines terms and conditions, standards and procedures for the ‘Worker’ to adhere to during the employment or provision of a service through Gogoflo which will be issued for the client’s information.
- A face-to-face interview where the Worker presents original identification/documentation.
- Gogoflo agrees to provide the Worker with standard mandatory training listed below:
- Basic Life Support / Resuscitation
- COSHH
- Countering Fraud Bribery and Corruption in the NHS
- Epilepsy
- Equality, Diversity & Inclusion
- Fire Safety
- First Aid in The Workplace
- Food Hygiene
- Handling Medication & Avoiding Drug Errors - Level 2
- Handling Violence & Aggression and Complaint Handling
- Health & Safety and Falls Prevention
- Infection Control
- Information Governance Incl. Record Keeping & Caldicott Protocols
- Lone Worker
- Manual Handling
- Mental Capacity Act 2005
- Preventing Radicalisation
- RIDDOR
- SOVA and SOCA Level 2
- Gogoflo agrees that all training stated in section 2 will be provided by a reputable company with a proven knowledge of temporary staffing frameworks, DOH guidelines and are SEQOHS approved. The company has the 100% platinum award from framework auditors, Neuven Solutions. Gogoflo agree to provide details of the company upon request for independent verification if required.
- Gogoflo agrees that the same company will carry out an occupational health assessment of the Worker prior to them being able to accept a Shift. The company will offer a ‘fitness to work’ certificate for each Worker. If a Worker cannot be issued with a ‘fitness to work’ certificate then the Worker will not be able to accept a Shift. If a Worker is issued with restrictions on where they can accept a Shift, then Gogoflo agrees to ensure that the Worker is aware and in agreement with such restrictions.
- Gogoflo agrees that each Worker will be required to undergo a refresher in the mandatory training explained in section 2 and an occupational health assessment explained in section 4 every 12 months and that the Worker will be prevented from accepting Shifts if either exceeds 12 months.
- Gogoflo agrees that each Worker will carry out a DBS check every 12 months and that the Worker will be prevented from accepting Shifts should it exceed 12 months.
- Gogoflo agrees to monitor the expiry date of a Worker’s registration with a professional body, and prevent them from accepting Shifts if this expires and is not renewed.
- The Client agrees to ensure that each Worker will receive an induction of the workplace prior to starting a Shift, which covers:
- Fire policies and location of fire exits
- Security policies and the emergency number for security
- Moving & handling policies and the familiarisation with any equipment to be used during the Shift The crash call/medical emergency procedure
- Any health and safety issues
- Additional policies relevant to the Shift, e.g. relating to information security/confidentiality or infection control
- Orientation of the department/ward to show entrance/exists, fire exits, crash trolley, call bell locations, emergency drug cupboards and an explanation of the telephone and IT systems
- The Client agrees to keep a record of an induction completed with the Worker for at least 12 months from the date of the Shift.
- The Client agrees that the Worker must complete an induction for each ward or department where the Worker has not previously attended a Shift within the past 12 months.
- Gogoflo agrees to provide the Client with the provisions to Post a Shift 24 hours a day, 365 days a year using the System. The Client acknowledges and agrees that the System will need scheduled maintenance from time to time. Excluding periods of maintenance, Gogoflo will use reasonable endeavours to maximise a 99% uptime. Gogoflo agrees to have in a place a procedure that will continue to provide a service off-line. Gogoflo will not be responsible for the System or a Worker being unable to operate or work because of an event of force majeure.
- Gogoflo agrees to have a 24 hour a day, 365 days a year, emergency contact number.
- Gogoflo agrees to have a contingency plan in place for the manual fulfilment of Shifts should the System be unavailable.
- Gogoflo agrees to be supportive of the Price Cap.
- Gogoflo agrees to provide the Client with a range of set Rates which go below, on and above the price cap in set intervals.
- Gogoflo agrees that these rates will not change without 3 months’ prior written notice to the Client. The Client agrees that should the NHS change the rates at short notice, Gogoflo reserves the right to do likewise.
- Gogoflo agrees that the Client, when Posting a Shift, selects by their own free will, any Rate as their Maximum Rate, from the range of Rates.
- Gogoflo agrees that when Posting a Shift, the System will at no point advertise the shift higher than the Maximum Rate or charge the Client any higher.
- The Client agrees that it may choose, when Posting a Shift, for the System to initially Post the Shift at a rate lower than the Client’s specified Maximum Rate, referred to as the price cascading system.
- The Client agrees that in such cases, as the Shift gets closer to the start time that the Rate will increase, closer to the Maximum Rate.
- Gogoflo agrees to provide the Client within the System a mechanism for Breaking Glass.
- In a case of Breaking Glass, the Client can increase the Maximum Rate that it originally set to another Rate chosen by the Client.
- Gogoflo in such cases agrees to change the shift advertised accordingly.
- Gogoflo agrees that it will never change a Rate set by the Client for a Shift without consent.
- Gogoflo agrees that the Client is under no obligation to Post a set or agreed amount of Shifts per day, per month or per year, and that the Client can Post Shifts as and when required.
- Gogoflo agrees to clearly show on the System, the agreed Rate at which the Shift will be Posted and that will not be exceeded.
- Gogoflo agrees that there will be no administration fees or extra costs added to the Maximum Rate that the Client selects when Posting a shift on the System.
- Gogoflo agrees that there will be no subscription or initial costs for the Client signing up for and using the System.
- The Client agrees that if a Shift should be cancelled after a Worker has accepted the Shift with less than 4 hours’ notice until that Shift should begin, then the Client will pay a cancellation fee of £25.
- The Client agrees to settle any invoice and pay the amount due in full, within 30 days of receipt of that invoice.
- Gogoflo agrees to invoice the Client every 7 days where a Shift has been completed for the Client.
- The Client agrees that if a Worker cancels a shift at any time, then the System will automatically try and find a replacement Worker, at no more than the Maximum Rate specified.
- Gogoflo agrees to notify the Client of any cancelled Shifts using the built-in notification system within the System.
- The Client agrees that if, after a Shift has been cancelled, the Client wishes for that shift to no longer be advertised, the Client must cancel the Shift.
- Gogoflo, using the System, will use reasonable endeavours to find a Worker for the Shift posted by the Client. However, Gogoflo is not obliged to fill a Shift and will not be liable financially or in any other way should a Shift not be accepted by a Worker and be fulfilled.
- The System allows the Client to choose the Rate of the Shift which has been based around the Price cap. The figures were obtained in May 2017. NHS Improvement can amend these figures at any time. The Client accepts that in such cases, these figures are unlikely to be amended immediately by Gogoflo as they would be required to undertake a review of them. Gogoflo will endeavour to do this as soon as possible. Gogoflo may conclude that the modified Price cap is not workable. In such cases, Gogoflo will inform the Client.
- Gogoflo agrees to provide the Client with a breakdown of the Rate. This will be broken down into what the Worker is paid and, where applicable, National Insurance contributions, pension contributions, employer’s National Insurance contributions and the Gogoflo fee.
- The Client understands that the credit terms applied are for net 30 days and in applying for this account we are warranting that invoices will be paid to terms.
- The Client shall ensure that all users of the System abide by the Data Protection Act 1998.
- The Client shall ensure that no users of the System replicate, reproduce or pass data displayed or obtained on the System to any third party.
- The Client shall ensure that no personal details of any Worker are shared, distributed or viewed unless required to do so in the fulfilment of a Shift.
- The Client must not pass on any supporting documentation for use of the System, including this contract, the range of set Rates, the Gogoflo staff handbook or any other documentation issued in the provision of the service.
- The Client must report to Gogoflo any process in the System which the Client believes to be working incorrectly as soon as practicable to do so.
- The Client must not abuse or take advantage of any such incorrect or malfunctioning process within the System.
- The Client agrees that, if any incorrect or malfunctioning processes are abused by the Client, the Client will be responsible for any costs, losses or damages incurred by Gogoflo.
- The Client will ensure that only its authorised users access the System.
- The Client will ensure that it has a robust ‘Misuse of Computer Systems’ policy in place throughout the lifetime of this contract and that the Client’s users of the System follow this policy.
- The Client will ensure that its users log out of the System when it is not in use.
- The Client will ensure that its users set a secure password for logging into the System and do not share this with anyone else.
- The Client shall be liable for all costs, losses and damages incurred by Gogoflo if unauthorised access is gained to the System through a user of the Client not following security procedures.
