Therapists Room Terms and conditions

Room Hire
License Terms and Conditions

License agreement between 

Kay’s Counselling (Company)

Therapist (Hirer)

Kay’s Counselling registered office is 71 Vyse Street, Jewellery Quarter, Birmingham, B18 6EX.

These are the terms and conditions under which a therapist or consultant (Hirer) can hire the use of a consulting/therapy room.  Our rooms are made available for you to hire, to enable you to consult with any client(s) of yours in comfortable and discrete surroundings to enable you to provide therapy services.

The current license agreement is room hire for half day at a time subject to availability, decided by the Hirer:

9:00 – 15:00 (£55) or 15:00 to 21:00 (£65) Monday to Friday

09:00-15:00 (£65) or 15:00 to 21:00 Saturday (£65)

09:00-15:00 (£65) or 15:00 to 21:00 Sunday (£65)

The fee is charged at £55 for weekday use of the office (9:00-15:00), £65 for weekday evenings (15:00-21:00) and weekends. Invoices are issued at the start of the month for the day’s the Hirer wishes to reserve the office space.

Ad hoc

This booking will be on an ad hoc basis, subject to availability. 

Payment will be made via bank transfer following an invoice via email. All bookings are made via email to enquiries@kayscounselling.co.uk

48 hours cancellation policy applies – any cancellation with less than 48 hour’s notice, the full fee is due.

Rolling monthly bookings

Rolling one-month reservations, can be used by the Hirer to reserve specific days and times each month to ensure they have the office space reserved solely for them. The invoices will be issued in accordance with the number of day’s which occur each month i.e. 5 Fridays per month or 4 Fridays per month.

Payment will be made via bank transfer following an invoice via email. All bookings are made via email to enquiries@kayscounselling.co.uk.

Four weekly bookings are cancellable with four weeks’ notice by either the practitioner or the Company.

4 weeks cancellation policy – any cancellation with less than 1 month’s notice, the full fee for that month is due.

Payment is required on the date the invoice has been issued.

The Company may terminate the agreement with immediate effect if there is non-payment by the Hirer, if there is any breach of this Hirer, if the Hirer becomes insolvent or if the Hirer’s lease of the premises is terminated.

Hirer must:

  • Provide up to date professional indemnity insurance.
  • Professional body membership, qualifications etc.
  • Maintain insurance for the duration of this agreement.

Indemnify the Company from any liability, loss or damage arising from the practitioner’s activities.

Operate within the General Terms and Conditions of Room Rental (below).

The Hirer must let the Company know of which days they wish to book the room at the start of each month.

The offices provided must be returned in the state they were provided to the Hirer including cleaning up spillages, emptying bins and sanitising due to COVID regulations.

Use of the office is only for offering sessions to clients and should the Hirer utilise the office and or its facilities for other reasons, the Hirer will be liable to pay for the office use and amenities.

The Hirer is required to complete the sign in book, this must be completed each time the Hirer is in the office and when the Hirer leaves the office.

Any damage or losses which occur due to the Hirers, unauthorised access to premises or negligence on the Hirers behalf, will result in the Hirer being charged the cost of replacement or repair.

The Hirer is responsible for:

  • Being registered as self employed
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  • Liable for their own tax and national insurance contributions, the Company is not liable for any tax payments current or outstanding.
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  • The parties acknowledge and agree that the Hirer is acting as an independent Hirer in providing the Services and that this Agreement does not create any partnership, or other joint venture or enterprise between the parties.
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  • The parties acknowledge and agree that this Agreement is not a contract of service and that the Hirer (and any of its directors, agents, representatives, or delegates) is not an employee of the Company and that it is the express intention of the parties that any such relationship is denied.

Nothing in this Agreement, and no verbal or written communication between the parties, whether prior to or after this Agreement, will be construed as an express or implied employment agreement or a promise by the Company to employ the Hirer any of its agents’ representatives or delegates.

The Hirer do not have the authority to enter contracts on behalf of Kay’s Counselling LTD.

The Hirer shall provide at its own expense for the Hirer’s use while providing Services the plant, machinery, equipment and materials. With the Companies’ permission, can utilise the Mac in the office space.

Room Use

A room booking is for a specific room. The Hirer cannot switch rooms or extend the time, without receiving prior approval from the Company.

  • Hirer to use the Property only for the Permitted Use.
  • Not to do anything which might invalidate any insurance policy covering the Property or which might increase the premium.
  • Not to hold an auction sale in the Property.
  • Not to use the Property for any activities which are dangerous, offensive, noxious, illegal or immoral, which are or may become a nuisance or annoyance to the Landlord or to the owner/occupier of any neighbouring property.
  • Not to display any advertisements on the outside of the Property or which are visible from the outside unless the Landlord consents.
  • Not to overload the floors or the walls of the Property.
  • To comply with the terms of every Act of Parliament, order, regulation, bylaw, rule, license and registration authorising or regulating how the Property is used and to obtain, renew and continues any license or registration which is required.

Using a room without booking will result in the occupiers being asked to leave immediately and an invoice will be generated for the unauthorised use and issued immediately. 

The room must be left in the same condition it was provided; any rubbish must be cleared (bins are provided around the back).

Any lost keys for the office, will be charged at £50 to issue a replacement. Under no circumstances must the keys be replicated or provided to others for use.

If the Hirer is the last individual to leave the building (please check if anyone is in the building), the Hirer must switch off all heaters, lighting, lock the office and the front/back of the building.

Rent rates are reviewed each April and confirmed with the Hirer should any price increase occur.

Personal Possessions

The Hirer is responsible for their personal possessions left in the office space. The Company does not accept any responsibility for lost/damaged equipment or personal possessions.

Non-Violence

Physical violence and verbal abuse are not acceptable under any circumstances. Violent and or abusive behaviour will result in those involved being asked to leave immediately.

Violence against a member of the Company staff will always be reported to the police with a view to seek prosecution.

Alcohol and Drugs

Alcohol or illegal drugs may not be consumed on the Companies premises; nor may a Hirer or client enter the premises under the influence of alcohol or illegal drugs.

Messages

The Company does not provide a service to take messages for clients or room users. You must contact your client directly if there is a change in circumstances or have a plan with each client outlining what they should do if you are late or do not attend a session.

Mail

Room renters should not use the Company’s postal address for a means to have.

correspondence, mail or parcels delivered to them. The Company does not accept any responsibility for mail that is not property of the Company.

 No Smoking Policy

In accordance with the law, the entire building is a no smoking area. This includes.

spaces like the open walkway, roof top and the light well in the basement, and every

other space in the building. This includes e-cigarettes. Smoking areas are provided in the rear car park.

Security

No animals are to be brought into the building except guide dogs. Please inform the Company in advance if you or your client requires an exception.

On entering or leaving you must never let anyone else into the building unless they are your responsibility (i.e. your client(s)).

The room hirer is responsible for ensuring their attendees can access the building.

If someone forces their way into the building, or the hirer see’s someone enter who you have reason to suspect does not have business in the building, please notify a member of staff immediately.

Cancellations

Cancelling ad-hoc booking

Ad-hoc bookings: 48 hours’ notice is required for all counselling room hire cancellations; otherwise, a full charge is payable.

Amending a Rolling Order

Hirer may request a change to the rolling order with 1 months’ notice, where there is a regular day which is reserved specially for you.

Sanctions for breach of contract

The Company reserves the right to remove for the remainder of the day any person who does not observe these policies, without refund for that day.

Failure to observe these policies may also lead to permanent termination of the Hirer’s use of the Companies facilities.

Termination

It is prohibited to sublet the therapy room or use it for any other purpose other than that which has been agreed, should this occur, this agreement will be terminated immediately.

This Agreement may be terminated by the Hirer or the Company giving the other Party 1 months’ notice (rolling monthly bookings), which will allow for ethical endings to client work unless the Company feels there has been negligence on behalf of the Hirer, which will result in immediate termination of this agreement. Ad-hoc Agreements may be ended at any stage via email without notice. 

Either Party may terminate this Agreement for fundamental breach by the other Party providing that notice is given in writing which specifies the breach, and such termination shall take effect upon service of such notice.

Except as otherwise provided in the Agreement the Company’s rights and entitlements under this Agreement shall not merge upon Termination of this Agreement and shall remain in force and may be enforced by the Company in any court of competent jurisdiction.

Office keys must be returned on the Hirer’s last day at the office and under no circumstances should they be copied or kept. Access to the building and car parking facilities will cease from the termination agreement date.

Each Party shall pay its own legal costs and expenses in relation to the negotiation, preparation, and execution of this Agreement.

The Hirer agrees to comply at its own expense with all applicable laws, orders, and regulations in performing services under the agreement including all privacy, confidentiality, and consumer protection laws.

By utilising the office space, each party has caused the Agreement to be executed by its properly authorised representative.

 

          

 

Data processing

 

This Data Processing Agreement (“Agreement”) addresses the numerous privacy regulations that are relevant to Kay’s Counselling LTD. (“Kay’s Counselling”) and aims to provide the best privacy protections for the data of our members. The Agreement is meant to provide protections that are both equivalent to and over and above those called for in a Business Associate Agreement. As an independent contractor offering services through the Kay’s Counselling platforms (“You” or “Therapist”), this Agreement is effective as of the day that You accept the Counselor Terms and Conditions. You and Kay’s Counselling are collectively referred to as the “Parties” in this document.

 

  1. Definitions

 

  1. The following terms shall have the following meanings in this Agreement, unless otherwise defined or the context clearly dictates otherwise:
    • All laws and rules governing the processing of personal data are collectively referred to as “data protection law.”
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    • Any action taken on or with Personal Data is referred to as “processing,” which can include but is not limited to gathering, storing, analysing, and erasing it. “Controller” refers to the individual or organisation that decides how data should be processed.
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    • The term “Members” refers to users of the Kay’s Counselling platforms.
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    • The term “Processor” refers to the person or thing handling data for the Controller.
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    • Any information that is linked to an identifiable individual or household—or that can be linked to one using additional information—is referred to as “personal data.” Identifiers, medical data, racial, ethnic, religious, sexual, or relationship information, geographic locations, contact information, employment data, and therapy history are just a few examples of what is referred to as “personal data.” The counselling and other services offered on platforms operated by Kay’s Counselling are referred to as “services” below.
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    • All different tenses as well as the plural and single numbers are included in definitions that convey the singular number.

 

 

  1. Application

 

  • Aside from any termination allowed by this Agreement, this Agreement will remain in indefinitely
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  • This Agreement adds additional contractual conditions to ensure the privacy and security of data provided through Kay’s Counselling to You for Processing. It supplements any other separate agreement between the Parties.
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  • This Agreement shall govern all matters relating to Processing if there is a disagreement between it and any other agreement made between the Parties.
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  • Any violation of this Agreement will be viewed as a violation of all previous agreements made between the Parties.
  • You affirm, by signing this Agreement, that you are aware of and will abide by all applicable data protection laws.

 

  1. Contents of the Processing Agreement

 

  • This Agreement grants You permission to process Personal Information on behalf of Kay’s Counselling. You are only permitted to Process the Personal Data you receive for the purposes of delivering Services and compliance with the law.
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  • Under the terms of this Agreement, Kay’s Counselling will provide you with Members’ Personal Data. This Personal Data will consist of messages from Members, onboarding and enrollment information, data requested by Members to be shared with You, and other information obtained on the platforms. You will also obtain restricted Personal Data pertaining to Kay’s Counselling personnel in order to receive support from Kay’s Counselling.

 

  1. Obligations of the Importer of Data

You must:

  • Process Personal Data only to the extent necessary to offer the Services or to comply with legal requirements. You may not use this Personal Data for any other reason than providing the Services, complying with the law, or for any other purpose approved by Kay’s Counselling.
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  • Process Personal Data on the documented instructions of Kay’s Counselling, including with regards to any transfer of data to third countries or international organisations, unless required to do so by Data Protection Law or other law to which You are subject; in such a case, You shall notify Kay’s Counselling of that legal requirement prior to Processing, unless that law prohibits such disclosure for important reasons of public interest.
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  • Ensure that any person acting under your authority who has access to Personal Data is subject to a duty of secrecy and may only process such data in line with Your instructions and never in a manner forbidden by this Agreement.
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  • At all times, taking into account the nature of the Processing, establish technological and organisational safeguards commensurate with the level of risk to ensure:
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  • The capacity to maintain the secrecy, availability, and availability of processing systems and services,
  • Protection of Personal Data from unauthorised or illegal Processing, access, disclosure, copying, modification, storage, reproduction, display, or distribution
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  • The capacity to quickly restore the availability and accessibility of Personal Data in the event of a physical or technical incident
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  • The standards of the GDPR pertaining to electronic protected health information were applicable.
  • Ensure that the Personal Data in your possession is protected by solid policies and procedures and trustworthy, well-trained personnel.
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  • Ensure that each of its employees, agents, subcontractors, and any other persons acting under Your authority are made aware of Your obligations and duties under this Agreement with respect to the confidentiality, integrity, and availability of the Personal Data, and require that they enter into binding obligations with You in order to maintain the levels of confidentiality, security, and protection stipulated in this Agreement.
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  • Not disclose Personal Data directly or indirectly to any third party without Kay’s Counselling’s prior written approval. Under the terms of this Agreement, you are expressly permitted to disclose Personal Data as required by law.
  • not employ another subprocessor without Kay’s Counselling’s prior specific or general written authorization. You must advise Kay’s Counselling of any anticipated changes regarding the addition or replacement of other sub-processors in the case of a general written authorization, giving Kay’s Counselling the chance to object to such changes.
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  • Ensure that, where You engage another sub-processor to carry out specific Processing activities on behalf of Kay’s Counselling, the same data protection obligations herein are imposed on that sub-processor by means of a contract or other legal act under Data Protection Law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures so that the processing will meet the requirements of Articles 32 and 2 of the GDPR. You shall remain fully liable to Kay’s Counselling for the fulfilment of that other sub-obligations processor’s if that other sub-processor fails to comply with its data protection obligations.
  • Assist Kay’s Counselling, to the extent possible, in the fulfilment of Kay’s Counselling’s obligation to respond to requests for exercising the data subject’s rights in accordance with the Data Protection Law.
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  • Assist Kay’s Counselling in ensuring compliance with Kay’s Counselling’s obligations regarding security of processing, notification of Personal Data breaches to the appropriate supervisory authority or regulator, communication of Personal Data breaches to the Member, Data Protection impact assessments, and prior consultation with the appropriate supervisory authority or regulatory agency, as applicable.
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  • Notify Kay’s Counselling immediately and without undue delay if any Personal Data is lost, destroyed, damaged, corrupted, or rendered unusable, or if there is any accidental, unauthorised, or unlawful processing of Personal Data, or if there is any Personal Data breach.
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  • Make available to Kay’s Counselling all information required to demonstrate compliance with the Data Protection Laws and the terms of this Agreement, as well as permit and contribute to audits, including inspections, conducted by Kay’s Counselling or another auditor designated by Kay’s Counselling.
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  • Notify Kay’s Counselling immediately and without undue delay if it believes it has been asked to perform something that violates the Data Protection Laws.
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  • Where relevant for therapists helping members in the European Union and United Kingdom, maintain a record of all categories of processing operations performed on behalf of Kay’s Counselling that comply with Article 30 of the General Data Protection Regulation.
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  • Where applicable, maintain a record of internal practises, books, and records pertaining to the use and disclosure of protected health information received from, or created or received by You on behalf of Kay’s Counselling for the purposes of HHS and other regulatory agencies determining compliance with the Data Protection Laws, and make such documentation available to regulators as required.
  • Cooperate with the appropriate supervising authority or regulator in the performance of its duties, as applicable.
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  • At Kay’s Counselling’s discretion, either delete or return all Personal Data to Kay’s Counselling after the conclusion of the provision of services described in section 3.2 relating to the Processing, and erase any existing copies of the Personal Data, unless the Data Protection Law or some other law requires the storage of the Personal Data.
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  • Not sell Personal Information or aggregate or de-identify Personal Information for any purpose other than providing the Services.
  • You represent and warrant that You will abide by the provisions of this Agreement and any applicable Data Protection Law.

 

  1. Responsibilities of the Kay’s Counselling
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    • Kay’s Counselling represents and warrants that it will comply with the provisions of this Agreement and all applicable Data Protection Law, and that it has obtained all required authorization to provide You with the Personal Data.
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    • Kay’s Counselling is required to implement adequate technical and organisational steps to ensure:
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    • The capacity to maintain the secrecy, availability, and availability of processing systems and services,
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    • The capacity to quickly restore availability and access to Personal Data in the event of a physical or technical incident
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    • A procedure for testing, assessing, and evaluating the efficiency of technological and organisational measures to ensure the security of the processing on a regular basis.
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    • Kay’s Counselling shall take steps to ensure that any natural person acting under Kay’s Counselling’s authority who has access to the Personal Data only processes the Personal Data in accordance with Kay’s Counselling’s written instructions.
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    • Kay’s Counselling may furnish You with the Personal Information referred to in Section 3 of this Agreement.

 

  1. Personal Data Transfers
    • Kay’s Counselling hereby enables You to transfer the Personal Data as follows:
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    • You may transmit the Personal Data internally to your own members of staff, offices, and facilities.
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    • You may send Personal Data to Your sub-processors so long as such transfers are necessary for the provision of the Services.
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    • You may transfer Personal Data to third countries or foreign organisations acting as sub-processors, so long as such transfers comply with applicable Data Protection Laws.

 

  1. Liability
    • You shall be liable for and indemnify Kay’s Counselling for any action, proceeding, responsibility, cost, claim, or expense caused or incurred by, awarded against, or agreed to be paid by Kay’s Counselling in connection with
    •  
    • Your failure or the failure of sub-processors employed by You to perform Processing activities on behalf of Kay’s Counselling in accordance with Data Protection Laws and this Agreement, and Any violation of Your responsibilities under this Agreement.
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  2. Termination
    • You may terminate this Agreement by providing Kay’s Counselling with 90 days’ prior written notice. Upon delivering Kay’s Counselling written notice of termination, You must promptly return all data collected from Kay’s Counselling.
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    • Kay’s Counselling may terminate this Agreement at any time with 90 days’ written notice, or immediately if You breach any of its terms.
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    • The provisions of clause 4 shall survive the termination of this Agreement and continue in full force and effect until all data is returned to Kay’s Counselling and in respect of assisting Kay’s Counselling to comply with any of its data protection duties and obligations outlined in clause

 

  1. Assignment
    • Neither party may transfer or assign this Agreement without the prior written agreement of the other party.

 

  1. Jurisdiction

 

This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by and construed in accordance with the laws of the United Kingdom with respect to Personal Data of Members in the United Kingdom or European Union and the laws of Delaware with respect to Personal Data of Members in all other jurisdictions, and any dispute, proceeding, or claim between the Parties relating to this Agreement shall be submitted to the exclusive jurisdiction of the courts of the United Kingdom.

By continuing to provide the Service, each party has caused the Agreement to be executed by its properly authorised representative.