Medical Record Collation Ltd (MRC)

MRC Conditions 2023 – the Conditions

These Conditions are set out as follows:

• Standard Conditions
• Additional Conditions as applicable for the Payment Scheme shown in the Contract details;
  • ARAG Payment Scheme
  • Deferred 2 Year Payment Scheme

Standard Conditions

Definitions:                   

Additional Conditions: the additional conditions relevant to Payment Schemes as set out in the Annex.

Approve / Approval: written confirmation (by email or other) of your acceptance of the Proforma Order and Estimate where this is attached to the Proforma Order.

ARAG / ARAG ATE Policy: an after the event insurance policy provided by ARAG plc.                   

ARAG Payment Scheme: the Additional Conditions that apply where the Contract Details indicate that ARAG applies.                   

ARAG Rates: rates for lost or abandoned cases we have agreed with ARAG with reference to the date of the Payment Event.                   

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.                   

Case: your file or a claim number relevant to your client.                   

Charges: the charges payable by the Customer for the supply of the Services by MRC, as set out in the Contract Details.                   

Conditions: these terms and conditions.

Contract: the binding contract between the Customer and MRC for the supply of the Services in accordance with the Proforma Order, these Conditions and the MRC Privacy Notice which comes into force upon Approval.                   

Contract Details: the details of the Services to be provided as set out in the Proforma Order.                   

Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed
accordingly.                   

Customer Materials: all material supplied by the Customer to MRC.                   

Deferred Payment Scheme: the Additional Conditions that apply to the Contract where the Contract Details indicate that the Deferred 2 Year Payment Scheme applies.                   

Deliverables: sorted, paginated and indexed bundles, chronologies, memos, schedules of radiology and other documents provided to you as a product of the Services.

Estimate: an estimate of the fees relating to a Proforma Order where requested by you in your instruction letter.                   

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.                   

Invoice: the invoice sent once we have completed the Services (excluding under the ARAG Payment Scheme).                   

Payment Event: any one of the payment events set out in the Additional Conditions which trigger your requirement to pay an Invoice or Proforma Invoice.                   

Payment Scheme: any one of the Standard Payment Scheme or the ARAG Payment Scheme, Deferred 2 Year Payment Scheme indicated in the Proforma Order as appliable to the Contract.                   

Proforma Invoice: the invoice we send out when we have completed the Services under the ARAG Payment Scheme and where you acknowledge that in the event the case is lost or abandoned, the value of the Invoice will reflect ARAG Rates, which may differ from the amount of the Proforma Invoice.             

Proforma Order: acknowledgement of the Services you require and applicable Payment Scheme (and other information) as set out in the Contract Details and which is a Contract upon Approval.                   

Services: the services, including without limitation any Deliverables, to be provided by MRC pursuant to the Contract, as described in the Contract Details.                   

Standard Payment Scheme: the Additional Conditions which apply to the Contract where this is indicated in the Contract Details as the Payment Scheme.                   

Termination Event: where we have the right to terminate the Contract under clause 11.1 or clause 11.2.                   

MRC IPRs: all Intellectual Property Rights subsisting in the Deliverables excluding any Customer Materials incorporated in them.                    

MRC Privacy Notice: our privacy notice as available at https://www.medicalrecordcollation.com/privacy-policy/.

1. Introduction

1.1 These terms and conditions of business (these “Conditions”) are to be read in conjunction with the Contract Details we have provided to the Customer named in the Contract Details (“Customer” “you”, “your”). These Conditions, Contract Details and MRC Privacy Notice shall together form the basis on which we will provide Services to you (the “Contract”) and shall apply to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, or course of dealing.

1.2 The Contract under which our Services are provided to you is with Medical Record Collation Ltd T/A MRC (“MRC”, “we”, “us”, “our”), a private limited
company (CRN 7212178) and with registered address at Earle House, Atlantic Street, Broadheath, Altrincham, Cheshire, WA14 5DD.

1.3 The Contract may not be varied unless such variation is agreed in writing by an authorised representative of Customer and MRC.

1.4 Where there is any conflict between these Conditions and Contract Details, the Contract Details will prevail over these Conditions.

2. Client Satisfaction

2.1 We operate strict client care and quality policies and always aim to provide you with the highest level of expertise and to be available,
approachable, understandable, prompt, and courteous.

2.2 The majority of our clients are very happy with the service we provide them, but in the event that you have any cause for concern, including about an
invoice, then please be aware that you are entitled to make a complaint, and that you can do so by contacting our designated complaints handler, Nicola Blair, Operations Manager. We take all feedback from clients seriously and operate a Complaints Handling Procedure, a copy of which is available upon request.

2.3 We are usually able to deal with any concerns you have promptly and to your satisfaction and we encourage you to contact us in the first instance
before taking legal action.

3. Approval of Proforma Order, Contract Details and binding Contract

3.1 On receipt of Client Material and request for services from you we shall supply a Proforma Order which sets out the Contract Details.

3.2 The Proforma Order shall become a binding Contract between us upon our receipt of your Approval.

3.3 We shall be entitled to act on the Approval and you warrant that the employee or agent providing Approval to us is duly authorised by you.

3.4 It is your responsibility to ensure that the Proforma Order is correct before providing Approval. We are not obliged to accommodate any variation to
the Contract which may be (for example only) from a Deferred Payment Scheme to ARAG Payment Scheme or from Standard Terms to a Deferred Payment Scheme after a Contract has been made between us.

3.5 We shall, where you request this in your letter of instruction (sent when you provide us with the Client Materials), provide you with an Estimate. The Estimate is an indication of fees only and not binding. The Invoice or Proforma Invoice may vary from the Estimate.

4. Supply of services

4.1 We shall supply the Services to you in accordance with the Contract.

4.2 In supplying the Services, we shall:

(a) perform the Services with reasonable care and skill;

(b) ensure that the Deliverables meet the specifications selected in the Contract Details;

(c) take reasonable care of all Customer Materials in our possession and, unless destruction is stated in the Contract make them available for collection by you on reasonable notice and request after we have completed the Services.  

4.3 We shall use reasonable endeavours to meet any timescale given in the Contract Details but shall not be liable to you for any delay in providing the Deliverables (or any part of them) and time shall not be of the essence of the Contract.

5. Your obligations

5.1 You shall:

(a) co-operate with MRC in all matters relating to the Services;

(b) promptly inform us upon the occurrence of a Payment Event or a Termination Event or otherwise no later than 5 Business Days of the occurrence;

(c) where a case is carried out under ARAG Payment Scheme or Deferred Payment Scheme terms, provide regular updates at least 6 monthly intervals on the progress of the Case to MRC or otherwise within 5 Business Days of MRC’s request for this information; and

(d) provide, in a timely manner, such information as MRC may reasonably require, and ensure that the information is accurate and complete in all material respects.

6. Security of Communications

6.1 We may correspond with you by email if you provide us with an email address, unless you advise us in writing that you do not wish us to do so. You
acknowledge that email may not be secure. Email will be treated as written correspondence and we are entitled to assume that the purported sender of an email is the actual sender and that any express or implied approval or authority referred to in an email has been validly given.

6.2 Where you provide us with email addresses for sending material to, you are responsible for ensuring that your arrangements are sufficiently secure and confidential to protect your interests. You must tell us if this method of communication is not secure so that we can use an alternative method. Please be aware that the data we send by email is not routinely encrypted.

6.3 The Internet is not secure and there are risks if you send sensitive information in this manner or you ask us to do so.

6.4 We will take reasonable steps to protect the integrity of our computer systems by screening for viruses on email sent or received. We expect you to do the same for your computer systems.

6.5 It is very unlikely that we will change our bank account details during the course of the Contract. In any event, we will never contact you by email to
tell you that our details have changed. If you receive any communications purporting to be from us, that you deem suspicious or have any concerns about (however slight), please contact our office by telephone straightaway.

7. Charges and payment

7.1 Our fees will be charged in accordance with the Contract Details and at the rates shown in the Contract Details save that under the ARAG Payment Scheme final rates are determined with reference to the date of the Payment Event.

7.2 Rates are inclusive of sundry items except printing, photocopying, scanning and postage which shall be added to the Invoice / Proforma Invoice.

7.3 All amounts payable by you exclude amounts in respect of value added tax (VAT), which you shall additionally be liable to pay to MRC at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.

7.4 MRC shall submit an Invoice or Proforma Invoice (where ARAG Payment Scheme applies) for the Charges plus VAT (where applicable) when the Services have been completed.

7.5 Unless otherwise set out in the Additional Conditions all Invoices must be paid in full within 30 days of the relevant Payment Event (due date).

7.6 We do not accept delays of payment as a consequence of you not being in funds from a third party (whether insurer, defendant, claimant or other party as relevant to the Case).

7.7 If you fail to make any payment due to MRC under the Contract by the due date for payment, then, without limiting MRC’s remedies under clause 11(Termination):

(a) you shall pay interest and other charges on the overdue sum from the due date until payment of the overdue sum in accordance with the Late Payment, Commercial Debts (Interest) Act 1998 (which is interest at the rate of 8% above Bank of England Base; or. 

(b)  MRC may, on notice of not less than 3 Business Days, suspend all other services under other Contracts with the Customer until payment has been made in full.

7.8 All amounts due under the Contract from you to MRC shall be paid by you in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

8. Limitation of liability

8.1 The limits and exclusions in this clause reflect the insurance cover MRC has been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.

8.2 References to liability in this clause 8 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

8.3 Nothing in this clause 8 shall limit the Customer’s payment obligations under the Contract or as a controller under clause 7 (data protection).

8.4 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; and

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

8.5 Subject to clause 8.4(Liabilities which cannot legally be limited) MRC’s total liability to the Customer:

(a) for loss arising from MRC’s failure to comply with its data processing obligations under clause 9(and under the Applicable Data Protection laws) shall not exceed £250,000; and

(b) for all other loss or damage shall not exceed the Charges payable under the Contract.

8.6 Subject to clause 8.4 (Liabilities which cannot legally be limited), this clause 8.6 sets out the types of loss that are wholly excluded:

(a) loss of profits;

(b) loss of sales or business;

(c) loss of agreements or contracts;

(d) loss of anticipated savings;

(e) loss of use or corruption of software, data or information;

(f) loss of or damage to goodwill; and

(g) indirect or consequential loss.

8.7 MRC has given commitments as to compliance of the Services with relevant specifications in clause 4. In view of these commitments, all other warranties and representations whether express or implied by law are, to the fullest extent permitted by law, excluded from the Contract.

8.8 Unless the Customer notifies MRC that it intends to make a claim in respect of an event within the notice period, MRC shall have no liability for that event. The notice period for an event shall start on the day on which the Customer received the Deliverables and shall expire 6 months
from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

9. Data protection

The following definitions apply in this condition:

Applicable Data Protection Laws: to the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data; and to the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which we are subject, which relates to the protection of personal data. Applicable Laws: to the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom; and to the extent EU GDPR applies, the law of the European Union or any member state of the European Union to which we are subject.

Own Client Personal Data: any personal data which we process in the Customer Material in the capacity of a processor on your behalf.

Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures: as defined in the UK GDPR.

EU GDPR: the General Data Protection Regulation ((EU) 2016/679).

UK GDPR: has the meaning given to it in the Data Protection Act 2018.

9.1 Both parties will comply with all applicable requirements of Applicable Data Protection Laws. This requirement is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under Applicable Data Protection Laws.

9.2 The parties acknowledge that for the purposes of our relationship with you as a Customer, we shall process personal data concerning you as a controller and we refer you to the MRC Privacy Notice for details of our processing activities and your legal rights.

9.3 The parties acknowledge that, for the purposes of Applicable Data Protection Laws, we shall process the personal data Own Client Personal Data as a processor on your behalf and in accordance with the following provisions.

9.4 You warrant that you have all necessary appropriate consents and notices in place to enable lawful transfer of Own Client Personal Data  to us including, but not limited to, as required for the sensitive personal data that the Client Material may contain and/or lawful collection of Client Personal Data by us on your behalf for the duration and purposes of the Contract, and shall indemnify us and keep us indemnified at all times against any and all costs, claims, damages and expenses suffered or incurred by us as a result of the breach by you of such warranty.

9.5 We shall, in relation to any Own Client Personal Data processed in connection with the performance by us of our obligations under the Contract:

(a) process that Own Client Personal Data only on your documented written instructions (which shall be such processing as required to fulfil the Services) unless we are required by Applicable Laws to otherwise process that Own Client Personal Data. Where we are relying on Applicable Laws as the basis for processing Client Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;

(b) ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Own Client
Personal Data and against accidental loss or destruction of, or damage to, Own Client Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;

(c) ensure that all personnel who have access to and/or process Own Client Personal Data are obliged to keep the Own Client Personal Data confidential;

(d) taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, at your cost, in responding to any request from a data subject and in ensuring your compliance with your obligations under Applicable Data Protection Laws
with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators, taking into account the nature of processing and the information available to us;

(e) notify you without undue delay on becoming aware of a personal data breach;

(f) at your written direction, delete or return Own Client Personal Data and copies thereof to you on termination of the Contract unless required by
Applicable Laws to store the Own Client Personal Data;

(g) maintain complete and accurate records and information to demonstrate our compliance with these data protection provisions (and allow for reasonable audits by you or your designated auditor for this purpose on reasonable written notice), and immediately inform you if, in our opinion, an instruction infringes Applicable Data Protection Laws; and

(h) retain a copy of the Client Material in an anonymised form for training purposes and for improvement of the Services we are able to provide through the use of artificial intelligence. If you require details of how this is undertaken please contact us for further information.

9.6
You consent to us appointing third-party processors of Own Client Personal Data under the Contract provided that we have entered or (as the case may be) will enter with the third-party processor into a written agreement incorporating terms which are substantially similar to those set out in these data protection provisions which we confirm reflect and will continue to reflect the requirements of Applicable Data Protection Laws. As between you and us, we shall remain fully liable for all acts or omissions of any third-party processor appointed by us. You can request a list of third-party processors at any time.

9.7 You consent to us transferring Own Client Personal Data outside of the UK as required for the performance of the Contract, provided that we shall ensure that all such transfers are effected in accordance with Applicable Data Protection Laws;

9.8 The scope of the processing is the personal data to be processed by us in the provision of Services.

9.9 The nature of the processing is in relation to the provision of HR, administrative, secretarial, accounting and payroll services.

9.10 The purpose of processing is for us to provide Services to you.

9.11 The duration of the processing is the duration required in order for us to provide the Services.

9.12 We shall retain Deliverables (an electronic copy of) for 7 years from the date of receipt of the Client Material.

9.13 Types of personal data to be processed include – Name, address, date of birth, National Insurance number, medical information.

9.14 Categories of data subject – Your client as relevant to the Case.

9.15 We are registered with the Information Commissioner’s Office (ICO). Registration reference: Z323252X.

10. Title and Intellectual property

10.1 MRC and its licensors shall retain title to and ownership of all MRC IPRs. The Customer and its licensors shall retain ownership of title to and all Intellectual Property Rights in the Customer Materials.

10.2 The Customer grants MRC a fully paid-up, worldwide, non-exclusive, royalty-free, non-transferable licence to copy and modify the Customer Materials for the term of the Contract for the purpose of providing the Services to the Customer in accordance with the Contract.

11. Termination

11.1 Without affecting any other right or remedy available to it, either party to the Contract may terminate it with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;

(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s reasonable opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

11.2 Without affecting any other right or remedy available to it, MRC may terminate the Contract with immediate effect by giving written notice to the Customer if:

(a) the Customer fails to pay any amount due under the Contract on or before the due date for payment;

(b) where a case is carried out under ARAG Payment Scheme or Deferred Payment Scheme terms, the Customer fails to provide regular updates within at least 6 month intervals on the progress of the Case to MRC or otherwise within 5 Business Days of MRC’s request for this information;

(c) the Customer fails to advise us of the occurrence of a Payment Event where applicable;

(d) there is a change of control, merger or amalgamation of the Customer; or

(e) the Case is transferred to a replacement firm without our prior written consent to include a deed of assignment to transfer
your obligations under the Contract from you to the replacement firm.

11.3 On termination of the Contract for whatever reason:

(a) MRC may review all other contracts in place with you and, at its sole discretion, either terminate all or any one of them with immediate effect or demand immediate payment of unpaid Invoices (whether due or not);

(b) the Customer shall immediately pay to MRC all of MRC’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, MRC may submit an invoice, which shall be payable immediately on receipt;

(c) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect; and

(d) termination or expiry of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

12. General

12.1 Force majeure. 

Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

12.2 Assignment and other dealings.

(a) The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without MRC’s prior written consent.

(b) MRC may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.

12.3 Confidentiality.

(a) Each party undertakes that it shall not at any time during the Contract, and for a period of two years after termination or expiry of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by this clause 12.3.

(b) Each party may disclose the other party’s confidential information:

(i) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 12.3; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party shall use any other party’s confidential information for any purpose other than to perform its obligations under the Contract.

12.4 Entire agreement.

(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements,
promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it
shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

12.5 Variation.
No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

12.6 Waiver.

(a) A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

(b) A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

12.7 Severance.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 12.7 shall not affect the validity and enforceability of the rest of the Contract.

12.8 Notices.

(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be:

(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

(ii) sent by email to the address specified in the Contract Details.

(b) Any notice or communication shall be deemed to have been received:

(i) if delivered by hand, at the time the notice is left at the proper address;

(ii) if sent by pre-paid first-class post or other next working day delivery service, at the time given by the delivery agent; or

(iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 12.8(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

(c) This clause 12.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

12.9 Third party rights.

Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. We do not have any contract link with your own client and your own client does not have any contract rights.

12.10 Governing law. 

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.

12.11 Jurisdiction.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including
non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

ANNEX

Additional Conditions

These Additional Conditions apply in conjunction with the Standard Conditions as applicable to the relevant Payment Scheme indicated in the Contract Details.

ARAG Payment Scheme: where the Contract Details show this to apply:

1.   The Case must have an ARAG ATE in place and proof of such provided before or on Approval. 

2.    A Payment Event under this ARAG Payment Scheme shall mean the earlier occurrence of:

a) The date a decision to settle a case is made, irrespective of whether costs have been agreed;

b) The date the Case is won by your client at trial (irrespective of leave to appeal);

c) The date of a Termination Event;

d) The date of a decision to abandon the Case by ARAG or your client;

e) The date / your client withdraws their instructions to you; or

f) The date the Case is lost by your client at trial (irrespective of leave to appeal). 

3.    Where either paragraph 2 a), 2 b) or 2 c) apply the Proforma invoice is payable in accordance with Condition 7.5 (30 days from Payment Event). 

4.  Where either paragraph 2 d) or 2 e) apply MRC shall replace the Proforma Invoice with an Invoice to reflect a rate reduction for Services in accordance with the ARAG Rates. This Invoice is payable within 30 days from date of Invoice. 

5.    Where this Payment Scheme applies you confirm that we are authorised by you to contact ARAG for updates on the Case.

Deferred 2 Year Payment Scheme

1.       A Payment Event under this Deferred 2 Year Payment Scheme shall mean the earlier occurrence of:

a) The date a decision to settle a case is made, irrespective of whether costs have been agreed;

b) The date the Case is won by your client at trial (irrespective of leave to appeal);

c) The date the Case is abandoned by your client or any relevant third party;

d) The date the Case is lost by your client at trial (irrespective of leave to appeal);

e) The date your client withdraws their instructions to you;

f) The date you withdraw from the Case under the terms of engagement with your client;

g) The date of a Termination Event; or

h) 2 years from the date of the Proforma Invoice.