1.1 For the purpose of these Terms, ‘Gramercy People’, ‘we’ and ‘the company’ will refer to Gramercy People Ltd. Gramercy People is registered in England and Wales under registration number 12221934, Our registered office is at Kemp House, 160 City Road, London EC1V 2NX.
1.2 Gramercy Peopleexists as an intermediary to facilitate private talk therapy arrangements and to deliver mental health awareness training and related services, and works on behalf of both the providers and recipients of this service.Talk Therapy refers to psychological services, psychotherapy, counselling and coaching of any kind provided to The Client by The Therapist.
1.3 In order to differentiate between Gramercy People clients for the purposes of these terms, and to clarify the expectations attached to each:
a: ‘The Therapist’ will refer to the provider of talk therapy, coaching or consultation in any arrangement.
b: ‘The Client’ will refer to the recipient of therapy, and/or the organisation contracting our services, and/or to the person or organisation responsible for payment of the Therapist’s invoices.
1.4 In engaging the services of the Therapist, the Client enters into a private agreement with a self-employed individual, which for these purposes will be referred to as ‘the Service’. A single continuous instance of therapy, of any length, whether conducted in person or by electronic means, will be referred to as ‘a session’.
1.5 We reserve the right to amend these Terms as may be required, at any time. Reasonable efforts will be made to inform both Clients and Therapists of any such changes, after which time any continued use of our services will constitute acceptance of these changes.
2: Acceptance of these Terms
2.1 Upon contacting Gramercy People to arrange therapy or other services, the Client will be considered to have accepted these terms, in so far as they pertain to this initial enquiry, Gramercy People’ Placement Fee and Deposit.
2.2 Upon selection of the Therapist and confirmation of the Service, the Client will be considered to have accepted these terms in their entirety. Gramercy People undertake to make this clear by email.
2.3 The Therapist may set their own terms, in discussion with the Client, prior to the commencement of therapy, or at a later stage if necessary.
2.4 Any Therapist who engages Gramercy People’ services must abide by all of the Terms and Conditions set out here, and will be considered to be in agreement with them from the time that their profile is approved on Gramercy People’ database.
2.5 In accepting these Terms, it is understood that Gramercy People can make no guarantee as to the outcome of a Service. Talk therapy is a personal and subjective experience that varies from person to person and clinical and personal outcomes vary.
3: Unethical Practice
3.1 Gramercy People does not condone any practice that could be construed as unethical. All Therapists are expected to uphold the professional standards of their regulatory body (UKCP/BACP/ ACP-UK, etc) and Gramercy People will not endorse the actions of the Therapist if they are deemed to constitute a breach of these standards.
3.2 In line with industry and quality standards, Gramercy People reserves the right immediately to withdraw their services from any Therapist or Client found to have engaged in unethical conduct or practices, or caused them to have been engaged in, or to have requested that this be done.
3.3 No party found to have acted in this way will have any protection under these terms, nor will they be eligible for any refund of payment already made.
3.4 Any arrangement made directly between Therapist and Client, without Gramercy People’ involvement, and without payment to Gramercy People will not be protected under these terms, and Gramercy People will not undertake to administer any part of such an arrangement, or to enforce any agreements relating to it.
3.5 Gramercy People also reserves the right immediately to withdraw their services from either or both of the parties involved, either in relation to this or any other Service.
4: Changing Your Therapist
4.1 In cases where the Client is dissatisfied with the Therapist to whom they have been introduced, Gramercy People will connect you to a different Therapist at no extra charge, provided that:
4.2 The service does not continue beyond the first session of the first block of six purchased.
4.3 The Client contacts Gramercy People as soon as possible, and no later than 48 hours after the session itself, explicitly to invoke this policy.
4.4 The grounds for dissatisfaction are judged to be reasonable.
4.5 Where this policy is invoked, Gramercy People will undertake to identify an alternative Therapist, where possible, and to arrange a new service.
4.6 Continuation of therapy with the original Therapist, while permissible, would be considered a withdrawal of any previous statement of dissatisfaction. Any such therapy must continue to be administered through Gramercy People.
4.7 While we expect that a Therapist with our network would respect the decision of the Client in such a case, and refrain from raising any dispute or claim for payment with them directly, Gramercy People cannot prevent a self-employed individual from taking such steps.
4.8 It is very much the preference of Gramercy People to maintain successful and productive services where possible, and as such we strongly encourage open discussion between Therapist and Client, so that a schedule acceptable to both can be established, to the benefit of all.
5: Charges for Services
5.1 The Therapist will be paid the agreed rate as set out by Gramercy People in advance of them accepting a new client.
5.2 The minimum payment for any service arranged through Gramercy People is the value of the first six hours of talk therapy at the agreed rate, payment for which is required in advance of the first session.
5.3 In general, no placement will be considered confirmed until this payment is received, although this requirement may be waived in exceptional circumstances, at Gramercy People’ discretion.
5.4 This payment will be held by Gramercy People on the Client’s behalf, to act as credit against their first six sessions of therapy. This credit will be valid for up to three months from the date of payment, after which time any unused credit will be forfeit. The same time limit applies to all other advanced payments handled by Gramercy People.
5.5 In the event that the Service is terminated before the full credit has been used, the remaining credit will not be returned, unless the Service is terminated at the instigation of the Therapist, or unless Gramercy People are satisfied that the Therapist is unsuitable to continue the Service. The credit will still be available to the Client, to be applied to another service, until the three month period has elapsed.
5.6 It is intended that this credit be used entirely with one Therapist, but the Therapist may, at their discretion and in agreement with the Client allow some part to be used on work with another Therapist. It is still expected, however, that no single service administered by Gramercy People will last for less than six sessions in total.
5.7 Group Services: Where there are multiple Clients in a single service, The Therapist may, in agreement with Gramercy People, arrange a discounted rate per Client. In the event that one or more Clients does not attend a session, the charge for the session will be the product of this discounted rate and the number of Clients present, or the typical, non-discounted charge for a single Client, whichever is greater.
5.8 Courses, Seminars and Consultations for Organisations will be charged at the rate set out in the quote provided by Gramercy People to the Organisation.
6: Preparation Charges and Work Outside Sessions
6.1 In some instances it may be appropriate for the Therapist to invoice for work undertaken outside sessions. The Therapist must obtain written agreement from the client for the work to be undertaken, and should pass this on to Gramercy People, in case of dispute. They should also inform the client of the time taken and the hours to be logged once this work has been completed.
6.2 The therapist must ensure that the client has paid Gramercy People for all work undertaken, and must not commence work without confirmation from Gramercy People that the work has been paid for in advance.
6.3 Gramercy People will not undertake to endorse an invoice for charges of this kind in the absence of prior written agreement.
7: Other Charges
7.1 Placement Fee:
7.1.1 To engage the services of Gramercy People in identifying the most suitable Therapist for their requirements, and in administering the subsequent service, the Client is required to pay a fee, called the ‘Placement Fee’.
7.1.2 This fee is payable only once the Client and Therapist have been introduced, and the service has been confirmed.
7.1.3 The fee will remain payable in the event that the Service does not continue beyond this introduction, unless the Service is terminated at the instigation of the Therapist, or unless Gramercy People are satisfied that the Therapist is unsuitable.
7.1.4 The Placement Fee is £500. Gramercy People reserve the right to alter these fees at any time, except where a quotation has already been made to the Client in question.
7.2.1 It is Gramercy People policy to take £100 as part-payment of the Placement Fee in advance, as a deposit, in order to initiate the Client’s enquiry.
7.2.2 Gramercy People will not undertake to approve a Client’s account on our system, to distribute details of their requirements to our Therapists, or to propose any potential Therapists, until this deposit has been taken. This stipulation may be waived in exceptional circumstances, at Gramercy People’ discretion.
7.3 If Gramercy People cannot provide a Therapist to meet a potential Client’s requirements within five working days of payment, this deposit will be returned, unless the enquirer wishes to extend this deadline in the hope that a Therapist may be found. Beyond five working days, the enquiry may be withdrawn at any time, and the deposit will be returned.
7.4 The deposit will not be returned in the event that the enquiry is withdrawn before five working days has elapsed, or where the introduction of a Therapist has been prevented by the enquirer’s unavailability for contact.
7.5.1 Gramercy People will undertake to invoice on the Therapist’s behalf for expenses reasonably incurred in the completion of a service, provided that these have been agreed with the Client explicitly and in detail before the invoice is sent. All such charges must discussed and agreed upon by The Therapist and The Client in writing before the start of the service, and a copy of the confirmed agreement should be sent to Gramercy People.
7.5.2 Where an expense is to be claimed repeatedly, without alteration, explicit agreement is not required on each occasion, provided that the Client has agreed to the repetition of the charge.
7.6 Late Payment Administration Fee
7.6.1 Where payment for an invoice is overdue, and resolution cannot be reached in time to prevent delay to the Therapist’s receipt of the payment owed, a Late Payment Administration Fee of £25 will be payable to the Therapist. Advanced warning of this fee will be given, and it may be waived at the Therapist’s discretion.
7.6.2 For every week beyond this point that the invoice remains unpaid, a further £5 supplementary Late Payment Fee will be levied.
8.1: Gramercy People administer all payment arrangements in respect of every service. We raise invoices on behalf of the Therapist, and take payment for these from the Client. We will not undertake to enforce any invoice not raised by Gramercy People or any charge which has not formally been invoiced for by our company.
8.2: For administrative convenience, the commission paid by the Therapist to Gramercy People is deducted directly from the Client’s payment, before payment is made to the Therapist.
8.3 All invoices raised by Gramercy People will be payable within 21 days of dispatch. In all cases, invoices will be transmitted electronically, to the email address associated with the Client’s profile on our system.
8.4 It is the usual practice of Gramercy People to take payment for each invoice six days from the date of dispatch, to allow time for resolution of payment issues.
8.5 Payment Methods
8.5.1 Bank Card: The preferred method is via debit or credit card, through the system administered by the payment provider, Wave. The Client will be required to permit the storage of the details of a debit or credit card on this system, to allow payment to be taken automatically for each future invoice, a copy of which will be sent to the client in advance of payment.
Acceptance of these Terms includes acceptance of automatic payments, on the basis outlined.
8.5.2 Bank Transfers may be accepted in advance of therapy, to be held by Gramercy People as credit against future invoices. The standard time limit for usage of this credit will apply.
8.5.3 Cash or Cheque: Gramercy People do not handle payments through cash or cheque, and strongly advises that payment is never made directly to the Therapist. Gramercy People cannot guarantee that such payments will be verified, and accepts no responsibility in the case of a dispute arising from such a payment.
8.6 Where payment is received successfully, and barring other delays, payment will be made to the Therapist twenty one days from the date on which the invoice was sent. Where payment is delayed, Gramercy People will undertake to arrange payment on the next possible occasion on which Therapist payments are scheduled to be made.
8.7 In the event that two payment requests for a single invoice, via any of the above methods, are unsuccessful, we may attempt to take payment via another method for which we have the necessary details.
8.8 Where an invoice remains unpaid for an extended period, Gramercy People will attempt as far as possible to enforce payment on the Therapist’s behalf, and will if necessary seek redress at Law. Any costs associated with this process (court fees, fees for warrants or court orders, etc) will be the responsibility of the Client to pay.
8.9 Gramercy People do not encourage Therapists to take legal action themselves in such cases, but cannot prevent this.
8.10 For services to organisations, Gramercy People will issue an invoice that must be paid in full before agreed service can be delivered.
9.1 A minimum of forty eight hours’ notice is required for cancellation or rescheduling of any session, by either party.
9.2 Where less than the required minimum notice is given by the Client, they should expect to pay the full cost of the planned session, plus any agreed expenses already incurred in respect of the session, for which an invoice will be raised by Gramercy People on the Therapist’s behalf.
9.3 Where the Therapist is at fault, this will constitute grounds for termination of the service, should the Client desire it, and Gramercy People will undertake where possible to arrange an alternative Therapist.
10.1 In the event of sickness or other unavoidable delay, where the Client fails to attend a session (if properly arranged and agreed upon beforehand) without at least twelve hours’ notice, they will be liable for the full value of the planned session.
10.2 In the event of sickness or other unavoidable delay, where the Therapist fails to attend a session (if properly arranged and agreed upon beforehand) without at least twelve hours’ notice, we would expect that they would rearrange the session at the Client’s convenience.
11.1 Gramercy People takes seriously its obligation at all times to represent the interests both of the Client and the Therapist in any service, and to work for the benefit of all parties. Where disputes arise, Gramercy People will act as an impartial intermediary, and will attempt to reach a resolution acceptable to both sides, within the parameters of these Terms.
11.2. In the interest of avoiding unnecessary disputes, the following conditions apply:
11.2.1 In the event that the Client wishes to dispute the hours billed for in an invoice, Gramercy People will not undertake to uphold this invoice unless evidence is provided by the Therapist that these hours are correct. This must be in the form of a time sheet that has been shown to the Client for approval, and preferably signed by them. The only other acceptable evidence is the automatic record provided by online communication software such as Skype, Zoom or BitPaper.
11.2.2 Where the dispute relates to a specific charge, for example an expense, or a charge for work undertaken outside sessions, Gramercy People will not undertake to uphold the relevant invoice without evidence of the Client’s explicit acceptance of this charge. This should be in writing, and should have been obtained before the work was undertaken, or the expense incurred.
11.2.3 Although not obliged to do so, Gramercy People may choose to endorse a disputed invoice, in the absence of the evidence listed in clauses 11.2.1 and 11.2.2, but any such endorsement remains entirely discretionary.
12.1 Gramercy People accepts no liability for the outcome of any service we administer, or any therapeutic outcome arising from therapy provided by a therapist sourced by Gramercy People.
12.2 Acceptance of these Terms constitutes an agreement to indemnify Gramercy People, without limit, in respect of any claims arising out of, or relating to, talk therapy services arranged through our agency.
12.3 Any offer made by Gramercy People in the event of dissatisfaction on the part of the Client is at the discretion of the company, and does not constitute acceptance of responsibility for the outcome of the service.
12.4 In cases where payment owed to the Therapist cannot be retrieved from the Client, Gramercy People accepts no liability for this payment. As a self-employed contractor, the Therapist must accept the financial risk associated with private talk therapy and non-payment.
13: Termination of Service
13.1 A service may be terminated at any time, by either party. We would hope that respect for the professional nature of this relationship would encourage direct discussion of any proposed termination between Therapist and Client, but Gramercy People will act as intermediary where requested, except where a session has been arranged within 72 hours of notice being given to Gramercy People, in which case direct contact is required.
13.2 Provided that this is not the case, a request for termination made to Gramercy People will be sufficient for the service to be considered complete.
13.3 Any outstanding invoices must still be honoured, and where fewer than six sessions of therapy have taken place any unused credit may be forfeit.
14: Data Protection
15: Provision of Services
15.1 Gramercy People reserves the right to select Therapists and Clients, and to withdraw its services from any Therapist or Client where this is judged to be appropriate.
15.2 We do not consider age, gender, religious belief or any other protected characteristic when selecting our Therapists or Clients.
15.3 Therapists are chosen on the basis of their ability, as demonstrated at interview, their experience, and the likelihood of demand for their services, based on Gramercy People’ experience and predictions.
15.4 Therapists are engaged for their particular skill and expertise and are expected to take full responsibility for the manner in which their services are provided.
15.5 Therapists will use their discretion in determining the most appropriate teaching method depending on the Client’s needs.
15.6 The Therapist will not be subject to any supervision, direction, or control, or any right thereof, by either Gramercy People or the Client, as to the manner of performance of the agreed services.
16: Code of Ethics
16.1 Gramercy People follows the BACP Code of Ethics, which are in line with industry and quality standards.
16.2 We expect that all of our Therapists to be registered with a suitable professional body and to abide by its code, in all their dealings with clients.
16.3 To this, we have added a number of principles, to which we expect our Therapists to adhere. A Therapist found in breach of any of these will no longer enjoy the protection of these terms, and will be removed as a client of Gramercy People:
16.3.1 Where a Client is introduced to them through Gramercy People, the Therapist will not invoice that Client independently of Gramercy People’ system or take direct payment from the Client for their services.
16.3.2 The Therapist will not introduce that Client to any other Therapist, whether or not a client of Gramercy People.
17.1 Gramercy People represent Therapists as self-employed individuals. We therefore require that all Therapists provide proof of their sole-trader status, in the form of their Unique Tax Reference (UTR) number, supplied by HMRC, within three months of their approval as a client of Gramercy People.
17.2 Self-employed Therapists with Gramercy People may deliver therapy services independently of Gramercy People and may engage the services of other intermediaries. However, Therapists may not subcontract to a direct competitor of Gramercy People, or engage in a private agreement with a Client to whom they have been introduced through Gramercy People.
18: Right to Work
18.1 It is the responsibility of the Therapist to ensure that they are eligible for self-employment in the United Kingdom, before completing their application for consideration as a client.
18.2 We will not represent any Therapist who, due to visa restrictions or for other reasons, is not eligible for self-employment.
19: Therapy Arrangements and Place of Work
19.1 It is the responsibility of the Therapist to:
19.1.1 agree upon a suitable place of work with the Client.
19.1.2 agree upon the times, dates, frequency and length of the sessions with the Client.
19.1.3 determine the therapy method and approach used in any session, guided by experience and industry practice.
In the event of an error on the part of Gramercy People in relation to a payment from the Client, the following terms shall apply:
20.1.1 Where the amount paid to the Therapist is greater than that to which they are entitled, as set out on the relevant payment order, the excess must be returned to Gramercy People at the earliest opportunity, by means to be agreed with the company. The Therapist will not be entitled to retain these funds.
20.1.2 Where the amount paid to the Therapist is less than that to which they are entitled, as set out on the relevant payment order, Gramercy People will make a second payment to rectify the error, as soon as possible after the fault is discovered.
20.1.3 Where the payment order itself is at fault, it will not be considered valid by Gramercy People, and any payment made in respect of this payment order will be considered to have been made in error, and will be treated accordingly, as set out above.
20.2.1 Payment for Gramercy People’ services from the Therapist is to be made in the form of commission paid per session invoiced for. For the convenience of all parties, this commission, plus any Value-Added Tax payable on it, will be deducted by Gramercy People at the time that the Client’s payment is transferred to the Therapist.
20.2.1 The amount of commission and tax deducted will be clearly outlined on the payment order sent to the Therapist in respect of this transfer.
20.3 Unpaid Invoices
20.3.1 Gramercy People will advise the Therapist when payment has been received from the Client, and recommends that the Therapist does not deliver sessions until they have been advised that the Client has made payment.
20.3.2 Should the Therapist undertake sessions which have not been paid for in advance by the Client, Gramercy People, we will act as the Therapist’s representative in discussions with the Client, but will not be liable should the Client refuse to settle any outstanding invoices.
20.3.3 Gramercy People will not, however, accept responsibility for this payment if it cannot be recovered by means of negotiation or legal action. The financial risk must ultimately and in all cases rest with the Therapist.
20.3.4 Where payment cannot be recovered from the Client, Gramercy People’ commission will not be payable for the invoice in question and no payment order will be raised.
20.3.5 In the case of services to organisations, invoices must be paid in full prior to the agreed service being delivered by Gramercy People. If the invoice has not been paid in full, Gramercy people reserve the right to cancel the service.
21.1 As a self-employed individual, it is the responsibility of the Therapist to declare their earnings from therapy services to HMRC, and to make any contributions specified.
21.2 Therapy services provided by the self-employed Therapist do not attract VAT, so this will not appear on invoices sent to the Client on the Therapist’s behalf, except in relation to charges levied by Gramercy People, to which VAT does apply.
21.3 Gramercy People’ commission is not currently subject to VAT, but should VAT become payable the amount of which will clearly be set out on the payment orders sent to the Therapist.
22.1 The Therapist shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, Clients or suppliers of Gramercy People with 3rd parties.
22.2 The Therapist may disclose Gramercy People’ confidential information as may be required by law, court order or any governmental or regulatory authority.
22.3 The Therapist shall not use Gramercy People’s confidential information for any purpose other than to perform their obligations under this agreement.