Terms & Conditions

Last updated: 8th June 2022

Specific Terms – VPM

Services Offered

VPM clients may benefit from the following services subject to available hours.  Duties may include any or all of the following, subject to the changing needs of the practice: Medical Marketing, Graphic Design, HR Management, Recruitment, Practice Management, Practice Financials (Bookkeeping is only offered for packages that are 20+ hours per month), Copywriting, Medical Podcasts, Website Additions- WordPress sites only, Tenancy, Set up of Temporary Telephone Diversion (TTD). Services not included: Website construction, Videography, ongoing TTD, Virtual Reception, and Photography.

Altering allotment of hours (package of hours)

During the first three (3) months of the VPM service, the client is able to increase the allotment of hours, should this be required.  However, the client is not permitted to decrease the allotment of hours within the first three (3) months of the VPM service start date.

VPM 20-hour package clients may be moved to a VPM 10-hour package at the discretion of RWS management after the first three (3) months of service.  This may occur if the VPM 20-time allocation is not reached in consecutive months.

After the first three (3) months of the VPM service has been completed, the client may increase or decrease their VPM allotment of hours per month, with one (1) months’ notice. The opportunity to increase hours is subject to availability as determined by RWS.

Pricing

Pricing is discussed before clients begin the VPM service. Pricing is also discussed post initial Client Action Strategies (CAS) meeting with new clients. This is to ensure that fees have been fully disclosed to our clients and they are all very clear that this has occurred. Pricing for items is task weighted and not all time-driven. Some tasks are at 1:1, and others are at 1.3-1.5:1.

Examples include recruitment 1:1, calls 0.25 units (flat-rate), databases 1:0.3 (i.e. 1 hour of work will be charged as 0.3 units), mail-outs 1.5 units. Mentoring, training and other tasks with Caroline Chaplin are charged at 1:2 units. The creation of podcasts are charged as 1:0.3 (i.e. 1 hour of work will be charged as 0.3 units).

When more than one RWS employee is to attend a meeting: The first RWS employee in attendance – full time charged, second RWS staff in attendance – ½ of the time is charged, third RWS staff in attendance – no charge

The rate applied will depend on the VPM package you are on. See RWS team for further enquiries.

Invoicing

Upon acceptance of the Scope of Works from RWS, you will be issued with an invoice for your first monthly payment.  Work will commence on receipt of the first payment. RWS invoices at the end of each month from thereon.

Where VPM hours exceed (within a 30% range) of those hours agreed to in this scope, RWS will discuss the options to either increase the hourly package, invoice for hours utilised or in some cases, the opportunity to roll over the hours into the following month.

Where client hours greatly exceed those hours agreed to in this scope, pushing them into the next hourly package, they will be charged at the rate of the higher package.

Where VPM hours fall below (within a 30% range) of those hours agreed to in this scope, RWS will discuss the options to either decrease the hourly package, invoice in full for the month or in some cases, the opportunity to roll over the hours into the following month.

In the situation where the client is not responding to emails and work is not able to progress, a minimum administration charge applies on all VPM packages of two (2) hours per month.  This charge allows clients to keep their VPM account open and caters for administration in following up clients.

Client hours are tracked and a summary of work is included on your monthly invoice. A detailed summary of work completed is available for clients to review upon request.

As per the schedule in your scope, as your package of hours change the rate applicable will also change. Please see your scope for package information.

VPM clients will be charged at a rate for tasks depending on the level of complexity involved.  Please contact our office for further clarification if required.

VPM account holders are charged a minimum of $450.00 (plus GST) per month this allows for RWS to secure your allocation.

RWS reviews prices annually and reserves the right to increase prices at this time.  Price increases will be indicated to relevant clients.

RWS management may offer to place a VPM ‘on hold’ at the request of a client.  RWS reserves the right to (1) accept or decline this request (2) decide the terms of the ‘on hold’ period.  nb: these terms must be agreed to by the client before commencement on an ‘on hold’ arrangement.

A late fee of 5% of the full amount will apply for invoices not paid within 30 days. RWS reserves the right to place client accounts ‘on hold’ if there are outstanding invoices.

Minimum term and ending of contract

The minimum term for Virtual Practice Management is 90 days.

A notice period of 30 days, in writing, is required to terminate a VPM or maintenance package contract.  Clients may still be invoiced their monthly VPM allotment if their last 30 days aren’t utilised in full. RWS reserves the right to terminate this agreement without notice. Upon cancellation, RWS will return all graphic design materials created during the term of the agreement. RWS reserves the right to discard of any printed graphic design materials after six months of a client leaving RWS. Medical databases remain the property of RWS.  Should a list be requested, it will only include the names of the practices contacted (not the individual doctors or Allied Health practitioners) and may be subject to an additional fee to be determined by RWS.  Any diaries used to book appointments will be made available to clients for reference to the date of the last appointment booked by RWS.  For Fit Out projects, payment will be finalised on a pro-rata basis determined by the stage the project is at. Where a client has engaged a service that includes Interior Design, the initial 50% payment is non-refundable.

Cancellation

If the client cancels the VPM service within 3 months of commencement, the client will be liable for a cancellation fee.

The cancellation fee will be calculated as: (3 x agreed VPM monthly fee minus VPM fees paid to date) x 50%.

Other charges that may apply to VPM clients

The cost of a job advertisement (such as SEEK) will be fully payable by the client.  Other additional costs may include printing, postage, the engagement of a third party consultant or catering.  In the instance that a clinic or the client cancels a referrer appointment in the 10 hours leading up to the appointment, the client must pay the catering fee (if RWS is unable to cancel the catering). Website creation and Virtual Reception are in addition to VPM hours. RWS will add these charges separately to your invoice.

Commencement of work

RWS will commence work once the first invoice is paid in full.

Contract Policy

RWS does not provide editable contracts to clients. This is for several reasons:

  1. Legal contracts provided by RWS have been drawn up by legal professionals, any changes/edits can make this contract invalid.
  2. Any changes to contracts under the “RWS Banner” may make RWS liable.
  3. We want to ensure you are protected as our client. Small changes to contracts can have huge impacts on you legally and financially.

Clients can add addendum’s to the contract (that are separate) if you feel this is appropriate. But again, we caution for this to be handled by an appropriate professional.

 

General Terms

The General Terms listed below are supplied to all potential RWS clients.  Please note, not all items will be applicable to the service quoted in the Scope of Works.

Advisory Service

Our services are advisory. You bear total responsibility for the use and implementation of these services in your business. In the event of services provided by us being inadequate or defective, we will take reasonable steps to achieve an acceptable standard by provision of fresh services but will not be liable for losses suffered.

Appointment Times

Where required your consultant will work with you to schedule onsite appointments.  This could be for employment interviews, training or practice audits.  Either party may renegotiate appointment schedules at any time via verbal or written correspondence.  Same day cancellations or no shows may incur a minimum one hour time charge.

Client Obligations

The client agrees to have the appropriate insurance; current and in place.

The client agrees to communicate in a timely manner and all major direction needs to be given via email so that it is in writing.

The client agrees to pay all invoices by the due date.

Communication

All notices and consents required or permitted to be given under this Agreement shall be in writing (may be email). The consultant agrees to communicate regularly and thoroughly with the client. The client agrees to respond promptly to all correspondence.

Confidentiality

Documents provided by RWS are confidential and cannot be used, disclosed or duplicated except within your own business. Both parties will act in accordance to privacy law (Commonwealth Privacy Act (1998) & Privacy Amendment (Private Sector) Act (2000) and Victorian Health Records Act (2001).

Q: Is there a conflict of interest when marketing clients from the same specialty?
A: This an excellent question. Our terms are created to protect your information. Even prior to proceeding with RWS, you can rest assured that your information is kept confidential and information about your business is not shared with others. Our reputation depends on us being discrete about client matters. We do not share or show competitors marketing material as well as creation of new material is not developed similarly to your competitors.

GPs will have 2-3 specialists in the same area that they will refer to, often because they will charge differently (no-gap, gap), have access to different hospitals, wait times and overall just provide slightly different services.
It’s worth noting as well that specialists will rarely have the exact same service/practice. Doctors have different personalities, different practice structures, different wait times, fees, etc. It is also rare for specialists to have the exact same patient including age, gender and part of the body. For example, there are lots of Orthopaedic surgeons in CBD areas however many of them will vary between upper limb, lower limb, spinal, etc. It is unlikely that all will be specialising in the same area and see the same type of patient.

Our job is to educate and market to the GPs about the different services out clients offer and help them get above the majority of the market. We refrain from duplicating any bespoke marketing material, for example we wouldn’t create two podcasts on the same topic by competing doctors. We limit this as best as we can and focus on other topics or methods of bespoke marketing.

Individual doctors should have confidence that although there are competitors in the market, our job isn’t to beat every competitor out there but to help them grow their practice to a level that they want.

Consultants

RWS provides service for your practice both onsite and offsite. RWS will appoint suitable consultants(s) to action your priorities.  Consultant(s) may change from time to time.  Fees are charged for services provided both on and offsite and includes travel time.

If metered parking is only available to the RWS consultant, any parking costs incurred during their time at your practice will be added to your next monthly invoice.

Copywriting

Copy can usually be written in a 1-2 week turnaround, subject to the amount of copy required.

RWS are not medically qualified and as such our clients are fully responsible for checking and approving the accuracy of text prior to going live online or to print. RWS advises clients to contact AHPRA to approve text prior to going live online or to print if the client has any uncertainty surrounding any text written. This is the responsibility of the client.

RWS takes no responsibility for the medical accuracy of copy; this includes spelling, prepared on the client’s behalf.  The copy is always issued to the client prior to uploading it to a website or printing for their final sign off.

Where copy is prepared for an online presence, RWS cannot guarantee the correct translation of medical terminology if Google Translate is applied to the text. We advise our clients to check all medical text for accuracy.

Interior Design

Permit

Prior to or during your renovation RWS may advise that a <planning/building/signage> permit be obtained or at the very least the appropriate governing bodies be contacted to ascertain whether such permits are required. RWS will provide an educated opinion as to whether a permit for building, planning and signage is required however the responsibility for obtaining permits is the Client’s responsibility.

Disbursement Fee

RWS charges a flat rate disbursement fee of $30.00. This fee covers the cost of postage, telephone calls, photocopying, incidental printing and product/fabric samples (when required). The flat rate disbursement fee will appear on the final invoice from RWS.

Margins

RWS reserves the right to add a margin to furniture, artwork and other interior design materials, provided to the client through our wholesale contacts. We aim to provide prices less than the RRP so the client directly benefits from wholesale contacts.

Photography

In the event that RWS is providing photographic services for the Client, RWS reserves the right to use photographs for their own marketing material.

Waiver

During your renovation should you choose a product that is not of commercial-grade you will be advised by RWS, however, the Client accepts responsibility for the implementation of this product.

Colour Matching

With regard to wallpaper, please note that if extra wallpaper is ordered at a later date from the original order, this is usually a different batch number from the original wallpaper. This will be a different dye run and may be different in colour; RWS will take no responsibility for the wallpapers not matching perfectly.
Colour differences, however slight, may also be apparent with additional orders of other products – included but not limited to: vinyl, carpet, tiles, paint, and joinery.

Architecture

Builder Selection

For medical projects, there are three options for builder selection:

  1. Negotiated tender with RWS recommended builder
  2. Invited tender to two or more builders
  3. Client as owner/builder

Option 1 – Negotiated tender with RWS recommended builder / contractor.

  • RWS works closely with several builders and can recommend the appropriate one that suits the project.
  • RWS only recommends builders we have worked with closely previously and have found that they can provide the level of quality that is required for our projects and at a reasonable price.

Option 2 – Invited tender

  • RWS is happy to work with builder that the client may know or may like to work with.
  • An invited tender will typically provide the best price.
  • However, if RWS has not worked with the builder previously, there may be a higher risk element in terms of the quality of the build.
  • The coordination of the project may result in higher cost overall.

Option 3 – Owner / builder

  • In the two previous options, the building permit is obtained by the builder.
  • However, the client can also obtain a building permit as an owner / builder.
  • In this scenario, the client has the freedom to coordinate their own sub-contractors (carpenters, plumbers, electricians etc.), to do the works, which can work well for projects where there is very minimal construction works and mostly maintenance works.
  • The client needs to be aware that in this scenario, the client will take on the burden of being the builder and will need to consider the appropriate additional insurances / warranties that may apply.
Property investigations

When investigating potential properties for clients, RWS typically provides the following assistance:

  • Review and refine the client’s design brief and requirements.
  • Analysis of the site’s spatial opportunities (e.g. potential layout, number of rooms), and constraints (i.e. disabled access, car parking).
  • Follow up with Council, as required, to ascertain planning permit application requirements.

RWS does not review all constraints that may be applicable to the site – e.g. Easements, Covenants, Land and Use Rights etc.

  • RWS recommends that the client engage a lawyer to fully review and do due diligence on all legal documentation applicable (e.g. Certificate of Title, Contracts of Sale etc.), prior to proceeding with the leasing or purchase of a property.

Mentoring and Training

Mentoring and training clients are expected to keep appointments made – cancellations must be advised with a minimum of 24 hours’ notice or the client may be charged at the discretion of the RWS director.

Payments for trainings must be paid upfront.

Confidentiality will be adhered to for all conversations and sessions held.

Cases of abuse will be reported as required by law.

Clients may be referred to other professionals if deemed appropriate by RWS staff. The RWS trainer may be substituted in the case of conflicting schedules or illness, etc.

There is no limit to the number of employees who can attend, although larger practices may go over the 1.5 hours. Additional time is charged at $175 +GST per 30 minutes. The names and email addresses of the attendees must be provided to RWS prior to the date of training.

All training attendees must be current employees of the practice. In the instance of conflicting schedules or illness, another current employee can be substituted if the trainee cannot attend.

If there is a cancellation by the client the session may be rescheduled to a mutually agreeable time.  The client has 12 months from the date of invoice to attend the training. Refunds are not issued.

RWS reserves the right to refuse mentoring or training to any client whom RWS deems to be unsuitable or poses a threat.

If clients have cultural issues/requirements that may be compromised by our mentoring program it is the responsibility of the client to inform us.

Podcast/Video/Social Media

The clinical advice and information contained within a podcast/video/social media post/newsletter is the client’s responsibility. RWS cannot be held liable or accountable in any way for the content.

All videos and podcasts made belong to the client.  RWS reserves the right to showcase these items for advertising purposes. RWS reserves the right to remove any podcast from www.podmd.com.au at any time.

Printed Artwork

It is the client’s responsibility to check that the artwork is correct (this includes, design and copy).  Prior to printing, RWS will send the client a proof and allocated job number.  The client must accept the proof in writing.  This approval grants RWS permission to proceed with printing.  Quantity and stock to be advised by the client.

Upon approving the proof for printing, RWS will not accept any claim for errors.  Colours on electronic proofs are only a guide to ­final colour.  If the client requires a printed colour sample can be provided by the printer.  Additional charges may apply.

Recruitment

RWS makes every effort to secure staff best suited to your practice and reaches a broad section of the market by advertising your position(s) on the following websites:

  • SEEK (Market rate charged)
  • Indeed (FOC)

On request, Australian Association of Practice Management (additional costs apply).

RWS does not guarantee the calibre of candidates who respond to your advertisement. We will review all applications and only put forward those we believe could work well within your practice based on their skill set.  The client has final say on who they choose as the successful candidate.

For candidates engaging VPM for the purpose of recruitment only, an allotment of 45 hours must be purchased and will be payable as three x monthly VPM payments.  If the candidate is successfully engaged prior to three months the remaining balance will be fully payable by the client at that time. Should additional hours be required, the RWS consultant will contact the client to discuss. Should hours be remaining once the successful candidate is secured, the client will be contacted to determine additional tasks that may be completed.

If the client cancels the Recruitment service before a candidate has been found (within the first 3 months), the client may be liable for a cancellation fee. RWS will review this on a case by case basis.

Where engaging VPM for recruitment only, RWS exercise every possible care to secure ideal candidates.  As RWS is reliant on the employment market, the specifics set by the client and the client’s personal partialities there is no guarantee that a suitable candidate will be found.  Where the three month period is completed and a suitable candidate not agreed upon, RWS will discuss the opportunity to extend for a further period or re-advertise; additional cost will apply.

Referrer Marketing

Appointments

When making our client’s appointments to see referrers, RWS exercise care,  RWS is not responsible for clinics who forget, change or cancel appointments and RWS is not liable for the cost of any expenses incurred by the client as a result.

At an appointment that has been booked by RWS, the client is completely responsible for the success of the appointment.  RWS cannot guarantee the number of referrers who will attend or whether or not they will decide to refer to the visiting specialist.

The client is responsible for supplying RWS with numerous timeslots for referrer visits; at times that suit referrer clinics.  Offering RWS limited timeslots will reduce your opportunity to see the referrers and greatly reduced the chances of referrers being able to see you.

Fixed charges apply for calls made to practices on behalf of the client.  To ensure consistency – 15 minutes per call.  Business listings also incur fixed pricing to ensure consistency for all clients.  All fixed pricing is available for viewing by our clients on request.

Database

When undertaking referrer marketing, RWS uses a database of doctors or Allied Health practitioners to contact on the client’s behalf.  This database remains the property of RWS and will not be provided to the client for their personal use.

When creating specialist or allied health databases, RWS will charge time to the client for the creation of such databases.

All referrer marketing clients are apportioned a “database maintenance” fee per month.  In the event that the client requires marketing to an extensive quantity of locations (that exceeds the typical requirements) the client may be charged an additional “data maintenance” fee to cater to this.

All RWS clients may be asked to supply lists of current referrer data. This allows us to measure the performance or effectiveness of marketing activities.  Data can be provided as an Excel spreadsheet file or alternatively by providing RWS access to your practice system.  The client agrees to supply data where requested.

RWS utilise pre-prepared databases that cover the metro area in each state. The use of these databases for referrer marketing is charged based on volume. Clients requiring outer metro suburbs may be charged a higher rate to procure relevant listings.

Mail-outs

When undertaking a mail-out, RWS prints and provides all stationery required for the mail out and invoices the client appropriately.  Where specific collateral, e.g. brochures, have already been supplied to the client by a third party, the client may provide these for inclusion in the mail-out to RWS.

RWS Newsletter

Email addresses resulting from enquiries to RWS will automatically be added to our newsletter database – this entitles the recipient to receive relevant, practice management updates. If you do not wish to receive the RWS newsletter, you may choose to opt-out of the first edition received.

Virtual Reception (VR) Lite

  • RWS will provide a unique phone number that will enable calls to be identified from a particular practice. Phones are answered between the hours of 9am – 5pm Monday to Friday AEST (excluding public holidays and Christmas close down).
  • Answering machine messages outside of hours are a general message such as:
    “Thank you for calling. The practice is currently closed. If it is an emergency please call 000. If you would like to speak to someone at the practice, our opening hours are between 9am – 5pm Monday to Friday. Thank you.”
  • Calls missed during the day will receive the following message “Thank you for calling the practice. We are currently attending to other practice calls Please leave a brief message and your call will be returned as soon as possible.”
  • Access to your medical software (must be C2C, Gentu, or Genie) is required, where RWS will make new appointments; alter existing appointments.
  • Queries from existing patients will be forwarded to you using the “task” function within the Medical Software or may be texted or emailed depending on the nature of the enquiry.
  • You will be responsible for all other administrative tasks (eg letters, scanning, billing, reviewing and filing images/results).
  • The client is responsible for the set up of their own phone line and arranging the diversion to the RWS nominated phone number.
  • This service is only available to VPM clients.
  • To cover your line rental 0.5 of a VPM unit will be charged for up to 20 calls per month.
    (Once average of 20 calls per month is reached – clients will need to transition to a full Virtual Reception service – to be quoted based on the needs of the client)
  • Clients who cease / pause their VPM service will be asked to transfer to the Full Virtual Reception Service.
    This service is not available on Victorian public holidays or during the RWS Christmas closure period.

Temporary Telephone Diversion (TTD)

Minimum term

For TTD the minimum charge is one full day defined as 9am-5pm VIC time (AEST or AEDT, depending on time of year).  If a client utilises part of a day, they will still incur one full day charge.

Request for TTD

Must be received before 5pm AEST on the day prior to the TTD service being required. Returning clients previously set up for TTD, please be advised that RWS may need time to ensure your previously set up diversion and software connection is still current.

Availability

The TTD service is subject to availability. The RWS will confirm with you if your request for TTD may be met.

Service offered

The TTD service includes answering calls, making appointments into your software, passing on messages to the principal and administration staff only. RWS staff are not medically trained and therefore cannot give out medical advice of any nature.

The services will be provided by numerous RWS staff at our discretion.

The service includes the cost of the phone line for diversion and calls RWS make to patients or to the client.

Client responsibility

TTD clients must provide for RWS all information necessary and take all necessary actions to provide a professional service.  RWS reserves the right to refuse clients who do not provide this information. The client or client’s representative must be contactable during the time we are providing the TTD service. The client is responsible for the cost of any software licensing charges or user licences to enable access to the client’s software.

Liability

RWS provides an administrative service only. The client remains 100% liable for all patient data, results, patient outcomes and follow ups to enquiries made. It is the responsibility of the principal doctor to ensure the software is maintained.

Termination

RWS reserves the right to cancel your TTD service with one day’s notice.

Cost and Invoicing

VPM clients will be charged at the end of the month, utilising VPM units – cost is as per your scope agreement.

Non-VPM clients will be charged at the end of the week and must offer a valid credit card to commence the TTD service.

Additional charges

Additional charges may apply for clients who want additional services (eg creation of administrative templates and processes).

Scope

The RWS scope document must be signed and received before TTD can commence.

Patient registration forms

Website

If you choose to have RWS create an online patient registration form please be advised that some online options do not provide encrypted, end-to-end communication security (e.g Regular website forms, emailed pdf’s). The method you chose to collect patient data is undertaken at your own risk. Contact your professional body for more information if you require.

Email

If you choose to have RWS create a pdf of your patient registration form for emailing purposes, please be advised that this method of patient information collection does not provide encrypted, end-to-end communication security. Emails will be sent at your own risk. Contact your professional body for more information if you require.

RWS Obligations

RWS will provide services in a proper and professional manner and exercise appropriate care, skill and due diligence.

RWS will act in compliance with the reasonable direction of a client.

RWS agrees to have appropriate insurances current and in place.

The Agreement

This agreement is the entire agreement between RWS and the client; all prior agreements, promises or representations being merged herein. This agreement shall be governed by, construed, and interpreted in accordance with the laws of the State of Victoria. This agreement is valid for 30 days from the date of issue.

Third-Party Suppliers and Services

In the instance that RWS engages a third party supplier, the client will be advised of the additional cost of the service prior to its implementation/engagement.

If a third party consultant or service is approved by the client, these charges are fully payable by the client.  In most cases, RWS will add these charges to the client’s monthly invoice.  In some instances (e.g. Land Surveyors, signage, and Traffic Consultants) will be invoiced directly from the third-party supplier.

When required, RWS will engage the services of Industrial Relations and Employment Law experts to assist in the resolution of HR concerns at your practice.  This only relates to highly complicated concerns that cannot be reasonably resolved without additional legal support.  This advice is charged at a higher rate, to be discussed at the time of engagement.

The Client acknowledges that RWS is not responsible for the performance, conduct or advice of third party providers.

At the discretion of RWS, there may be occasions where certain Service Provider(s) used may be charged a Marketing Contribution Fee.  This is a contribution towards RWS office and marketing costs. This fee is payable by the third party supplier.

Dispute Resolution

If a dispute arises between the parties in connection with this Agreement, the parties undertake in good faith to use all reasonable endeavors to settle the dispute. If the dispute is unable to be settled, the parties agree to refer the matter to mediation.

Disclaimer

The content of our website is intended only to provide a general overview. It is not intended to be comprehensive nor does it constitute legal advice. RWS attempts to ensure that the content is current however we do not guarantee its currency. You should seek legal/professional advice before acting or relying on any of the content.

RWS are not lawyers. From time to time our clients request documents such as a Memorandum of Understanding to be created or leases to be reviewed. RWS always advise our clients that your legal representative should also review such documentation.

Client’s logos will be shown on the home page of the RWS website alongside other clients. The sole purpose of this is to highlight to other potential clients the different specialties and groups in different states that RWS has worked with. Should a client specify that they would like to remain anonymous, their logo would not be displayed and this request would be communicated throughout the team.