Clinician/Provider Agreement – Virtual Triage

1. Parties

This Clinician/Provider Agreement ("Agreement") is entered into between:

Virtual Triage Ltd ("Virtual Triage", "we", "us", "our"),
Suite 2, Parkway 5 Parkway Business Centre, 300 Princess Road, Manchester, M14 7HR, UK

and

The Clinician / Clinic ("Provider", "you", "your"),
being a healthcare professional or organisation legally entitled to deliver healthcare services in the relevant jurisdiction.

2. Nature of the Relationship

2.1 Independent Provider

You acknowledge and agree that:

• You are an independent healthcare provider,
• You are not an employee, partner, agent, representative, or subcontractor of Virtual Triage,
• You provide clinical services in your own name and at your own risk,
• Virtual Triage does not control, direct, supervise, or influence your clinical judgement.

This Agreement does not create any employment, partnership, joint venture, agency, or clinical governance relationship between you and Virtual Triage.

3. Virtual Triage's Role

3.1 Technology Provider

Virtual Triage provides a digital platform enabling:

• appointment scheduling
• secure messaging
• video consultation tools
• payment processing infrastructure
• EMR-lite and consultation record interfaces
• patient communication tools

3.2 No Clinical Responsibility

Virtual Triage does NOT:

• provide medical advice
• provide diagnosis or treatment
• clinically triage patients
• review or validate clinical decisions
• prescribe or recommend medication
• clinically supervise you
• guarantee clinical outcomes

All medical and clinical matters are solely your responsibility.

4. Provider Responsibilities

By using Virtual Triage, you confirm that you:

4.1 Professional Licensing

• hold valid and current professional registration (e.g. GMC, NMC, HCPC),
• comply with all regulatory and legal requirements in your jurisdiction,
• are legally authorised to provide clinical services delivered through the platform.

4.2 CQC Compliance (Where Applicable)

If your activities require CQC registration, you confirm that:

• you hold the appropriate registration, OR
• you operate under an organisation that does, and
• Virtual Triage is not responsible for determining whether your service requires CQC registration.

4.3 Medical Indemnity

You must maintain appropriate clinical indemnity insurance covering:

• telemedicine
• remote consultations
• cross-border consultations (if applicable)
• professional negligence

Cover must meet GMC and UK legal standards.

4.4 Clinical Governance

You are solely responsible for:

• patient assessment
• diagnosis, treatment, and prescribing
• clinical notes and documentation
• safeguarding and reporting
• medical record retention
• follow-up and safety-netting
• referrals and escalation
• data accuracy
• patient communication

Virtual Triage does not provide any clinical governance.

5. Data Protection

5.1 Roles

• You are the Data Controller for all clinical and medical information.
• Virtual Triage acts as your Data Processor when handling clinical data.

5.2 Your Responsibilities as Data Controller

You must:

• comply with UK GDPR, DPA 2018, and ICO guidance,
• obtain necessary patient consent to process health data,
• ensure accuracy and lawful basis for medical data shared through the platform,
• respond to patient data rights requests (access, deletion, correction, etc.).

Virtual Triage will assist you by providing technical tools for compliance but is not responsible for your legal duties.

5.3 Processor Obligations (Virtual Triage)

Virtual Triage will:

• implement encryption, access controls, and security measures,
• process data only on your instructions,
• not access clinical content except for security/maintenance,
• ensure secure storage and transmission,
• enter into a Data Processing Agreement as required by UK GDPR.

6. Content and Recordkeeping

All clinical notes, messages, prescriptions, attachments, and consultations recorded through the platform are your clinical records, not Virtual Triage's.

You are responsible for:

• accuracy
• completeness
• legal retention periods
• disclosure to patients or regulators when required

Virtual Triage is not liable for incomplete or inaccurate clinical content.

7. Payments and Financial Responsibility

Where payment is processed through the Virtual Triage platform:

• You are the supplier of the clinical service.
• The financial transaction is between you and the patient.
• You set your own clinical fees.
• Virtual Triage collects fees only as a payment facilitator.
• Virtual Triage is not a party to the clinical contract.

8. Prohibited Use

You must not:

• use the platform to deliver emergency/urgent care
• provide services outside your licensed scope
• misrepresent qualifications
• use the system for unlawful, fraudulent, or harmful activity
• use the AI assistant for clinical decision-making

Failure to comply may result in suspension or termination.

9. Indemnity

You agree to indemnify and hold harmless Virtual Triage Ltd against all claims, damages, liabilities, losses, regulatory actions, or legal costs arising from:

• your clinical decisions or services
• breach of law or professional guidelines
• failure to maintain licensing or indemnity
• patient complaints
• misdiagnosis, negligence, or adverse outcomes
• incorrect information recorded in the platform
• your breach of this Agreement

This clause is critical for shielding Virtual Triage from all clinical liability.

10. Limitation of Liability

To the fullest extent permitted by law:

• Virtual Triage shall not be liable for any clinical outcomes or medical matters.
• Virtual Triage's liability for non-clinical platform issues is limited to the fees paid to us in the preceding 12 months.
• Virtual Triage is not liable for loss of earnings, indirect damages, or consequential loss.

11. Termination

We may suspend or terminate your access if:

• you lose professional registration,
• you lose indemnity coverage,
• you pose risk to patient safety,
• you breach clinical or regulatory obligations,
• you misuse the platform,
• you damage our reputation or legal position.

You may terminate your account upon written notice.

12. Governing Law

This Agreement is governed by the laws of England and Wales.
Disputes shall be resolved in the courts of England and Wales.

13. Acceptance

By registering as a clinician or clinic on Virtual Triage, you confirm that:

• ✔ you have read this Agreement,
• ✔ you fully understand it,
• ✔ you agree to comply with it,
• ✔ all clinical risk rests solely with you.