Sove CPAP Clinic – Supervised COVID-19 Rapid Antigen Testing Terms and Conditions

The following Terms and Conditions (Terms) also contained in https://www.thecpapclinic.com.au/rat-terms-and-conditions shall apply to supervised COVID-19 Rapid Antigen Testing (Service) provided by The CPAP Clinic Pty Ltd trading as Sove CPAP Clinic ACN 625 481 432 (Sove) to its customers and their related bodies corporate (Customer). These Terms apply in addition to our standard Sales Terms and Conditions contained in https://www.thecpapclinic.com.au/sales-terms-and-conditions. In the event of an inconsistency, these Terms shall prevail.

1. Sove will:
   1. take proper care in providing the Services to individuals authorised by the Customer to receive RAT such as their employees, contractors and visitors (Participants) and ensure that the Services are provided in a reasonable and professional manner;
   2. provide the Services at a time mutually agreed with the Customer;
   3. where requested, provide personnel to provide RAT at the customer’s site for an additional fee (On-Site RAT).
   4. prior to the commencement of any RAT, inspect the Customer’s premise(s) to determine the suitability of each test site (Site Inspection). Sove may make recommendation on changes required for each Site to enable Services to begin.
   5. provide the appropriate training and supervision for the Service.
2. The Customer will:
   1. grant Sove and all its personnel access to its premises, equipment and reasonable resources required for delivery of the Services including Site Inspections;
   2. make the changes recommended by Sove following Site Inspections and ensure those changes remain in place for Sove to continue to provide the Service;
   3. appoint a representative who has appropriate authority to manage, facilitate and be the contact person for the delivery of the Services, and notify Sove in writing where there is a change in the representative;
   4. provide and use reasonable endeavours to ensure their staff provide a high level of co-operation with Sove;
   5. follow Sove’s instructions on RAT including but not limited to training, testing procedures, record keeping, use of personal protective equipment and infection control.
   6. provide appropriate facilities and resources as required by Sove to comply with safe testing protocols;
   7. provide access and contact details for the Customer’s Participants who will receive the Services to sign consents and waiver forms as determined necessary by Sove;
   8. provide onsite car parking facilities for the personnel free of charge. Where this is not possible, any parking costs associated with the provision of Sove’s services will be on-costed at the end of month.

The Customer acknowledges that the failure to comply with its obligations may affect Sove’s ability to provide the Services.

3. The Customer acknowledges that Sove may be required to provide information relating to the Customer and any Participant whose RAT it has paid for under this Service to relevant health and governmental authorities to assist in public health, audit or other purposes. In the event of a positive RAT result for the Participant tested under the Service provided, the Customer acknowledges that Sove will immediately inform the relevant health authorities of the results. The Client is responsible for the any contact tracing and management of their workplace in accordance with their COVID Safety Plan, public health orders and any other workplace health and safety requirements that otherwise apply.
4. The Client acknowledges and that any testing information received from Sove may constitute sensitive information under Privacy Act 1988 and warrants that it will comply with privacy obligations with respect of such information.
5. The Customer will be required to pre-pay the RAT screening in advance. Additional fees, charges or hourly rates may be applicable for
   1. Site Inspection
   2. On-Site RAT
   3. Provision of Services outside of normal business hours
   4. Services provided outside of Sydney metropolitan area
   5. repeat Site Inspections or training.
6. Any additional fees not required to be pre-paid must be paid within 14 days of invoice date, by electronic transfer to a bank account nominated by Sove or by credit card over the phone (surcharge may apply).
7. In the event that the Customer fails to pay any amount due by the due date, and Sove has issued a notice in writing to the Customer that the Customer has not paid the outstanding amount, interest is payable (at the Bill Rate) on the outstanding amount and Sove may suspend the Services until the invoices are paid or cease the service immediately.
8. The legal relationship between the Customer and Sove is that of principal and independent contractor.  Neither Sove nor any of the personnel is to be deemed to be an employee, agent or partner of the Customer.
9. Sove (its officers, directors, contractors, agents or employees, or those of its related bodies corporate) will not be liable to the Customer, its related bodies corporate, directors, agents, officers and employees for any and all liability, loss, harm, damage, cost or expense (include legal fees) that may be incurred or sustained, arising out of any loss of use, employment matters, pain and suffering, distress, arising out of breach of contract, tort or otherwise. Sove (its officers, directors, contractors, agents or employees, or those of its related bodies corporate) will not be liable for any loss of profits, special, incidental, indirect or consequential loss or damages (including economic loss and exemplary damages).
10. If the Customer materially breaches its obligation and fails to remedy such a breach within 14 days of receipt of a written notice to remedy the breach, Sove may terminate the Service by written notice to the Customer. Sove may by notice in writing terminate immediately the Services if the Customer ceases to operate its business, commits an act or omission which brings disrepute to Sove, or has a receiver, administrator, liquidator appointed or in the process of being wound up or entering into any arrangement with creditors. Sove may terminate the Services by providing the customer with 30 days notice of its intention to terminate the Services.
11. Sove may change these Terms from time to time without notice to the Customer. Continued usage of the Services constitutes acceptance of these Terms.
12. These Terms constitute all the terms between the parties in the provision of the Services and replace all previous representations or proposals.
13. These Terms are governed by the by the laws in force in the State of New South Wales and the Parties agree to submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales.